“Adequate justice requires combatting an institutional culture that all too frequently trivializes the impacts of intimate partner violence.” —Negar Katirai, Clinical Professor of Law; Director, Domestic Violence Law Clinic at The University of Arizona
Retraumatization is the process by which a person re-experiences trauma, often triggered by situations, environments, or interactions that remind them of the original trauma and painful memories. Unfortunately, the legal system has been shown to contribute to the retraumatization of survivors which creates barriers for survivors to get the justice they deserve.
How Can the Legal System be Retraumatizing to Survivors?
Engaging with the court process can cause a considerable amount of distress, sometimes exacerbating symptoms of post traumatic stress disorder (PTSD), and there are many ways in which the legal system can be retraumatizing to survivors, including but not limited to the following.
- Having to face a perpetrator in court
- Reliving the experience by having to talk about the traumatic events
- Encountering people in the system who are unhelpful, lack empathy, or use victim blaming language (This can be the result of a lack of trauma-informed practices)
- The Intimidating nature of the legal system as there are so many unknowns about the process and how it works, short and long term.
- Unfavorable outcomes, which is common is cases of domestic violence (DV) and sexual assault (SA) as there needs to be enough evidence to prosecute beyond a reasonable doubt.
- Having to put in a lot of work to make sure there is justice including following up and advocating for yourself. It can feel invalidating when it feels like no one else cares about the seriousness of your experience but you.
- In general, many aspects of the system can feel invalidating
- When there’s not enough evidence to show what happened
- When you want certain protections that aren’t granted
- Not feeling as if people believe your experience
Image going through all of this and in the end there is no justice. Domestic violence cases are more likely than sexual assault cases to end up in a conviction. However, both can be challenging to prosecute and can leave survivors feeling a wave of invalidation and frustration. It is important to remember that no matter what happens in the legal system it does not negate your lived experience.
Mental Health Effects of Retraumatization
The retraumatization experienced during the legal process can have a significant effect one’s mental health. Everyone responds to trauma differently, but after the initial traumatic event it is very common for survivors to experience PTSD. When retraumatization happens as the person relives elements of the trauma repeatedly, healing can be inhibited and survivors can experience symptoms that worsen or are prolonged. Anxiety is very common for people who are experiencing PTSD and the anticipation of the legal process along with the relieving of the trauma can lead to heightened moments of anxiety.
The legal system can be a lengthy and arduous process that can take a very heavy emotional toll leading to depressive symptoms, such as feeling hopeless about the process, sadness, and limited interest in doing things as your emotional energy is being depleted by the process. Similarly to the initial trauma, the legal system can reinforce feelings of helplessness and powerlessness, especially if survivors feel they have little control over the proceedings.
Shame has been shown to be correlated with invalidation. Insensitive questioning and victim-blaming attitudes in the legal system can reinforce feelings of shame and self-blame, which can be deeply damaging to a survivor’s self-esteem and self-worth. This can also lead to many doubts in the survivor’s mind about the legitimacy of what happened to them, especially if there is no prosecution.
Overall, retraumatization can hinder the healing process, making it more difficult for survivors to move forward and recover from their initial trauma.
How to Mitigate the Impact of Retraumatization
The best way to decrease the risk and extent of retraumatization is to not only focus on the emotional needs as a survivor but also putting a practical plan into place that creates support while navigating the system. Here are some ideas to consider:
Seek help from a local agency
Most counties have local DV and sexual assault agencies that provides services such as legal help, restraining order assistance, counseling, and access to advocates. Having support from people knowledgeable about the system can decrease the stress of the unknown.
Prioritize self-care
In times of trauma, taking care of oneself is often not even of the slightest concern. However, times of distress are when we need to resource our self-care the most to help us through.
Find a therapist who specializes in trauma
Depending on your location some DV/SA agencies offer counseling at a free or reduced cost. Working with someone who comes from a trauma informed approach can provide you with the healing to overcome trauma. There are also options for higher levels of care such as residential treatment, for those in need of more support.
Create an emotional support plan
Some questions you might consider when creating an emotional support plan: who can you call when something distressing comes up, what are your potential triggers and what coping skills can you utilize, what hotline numbers and resources may you need so they are easily accessible?
Educate yourself
Knowledge can be empowering and can allow you to know what to expect as well as what rights you have. This can empower you when it comes to decisions that may have to be made along the way of the process and decrease anxiety if you know what to expect.
Set realistic expectations
Recognize that the legal process can be challenging and that it’s okay to experience a range of emotions. Setting realistic expectations can help you navigate the process with more resilience and decrease frustration when outcomes aren’t favorable.
Facing the Reality of a Flawed System
The fear of retraumatization can have a strong impact on someone’s decision to engage in the legal process and may inhibit survivors from accessing necessary resources. Not just in the process of prosecution, but also in situations of restraining orders, child custody/support, and financial support.
The results from one study suggest that, “survivors consider the perceived strength of their case, perceptions of police, and the possibility of institutional bias when deciding to report.” Therefore, understanding how to reduce retraumatization is necessary to ensure survivors can feel safe to report as well as access necessary services.
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