A Survey of Survivors of Sexual Violence From Three Canadian Cities

4. Conclusion

The purpose of this study was to better understand the experiences of a number of survivors of sexual violence. The participants shared their abuse and/or assault experiences and described the difficult emotional after-effects of their experiences. The emotional after-effects described by the survivors, such as depression, anxiety, PTSD-related symptoms and behavior problems, are consistent with past research on the emotional and psychological effects of CSA and/or ASA (Mullers and Dowling, 2008; Wathen 2012). The participants also described a number of mechanisms that they use to cope, both positive and negative. Many of the coping mechanisms described, such as seeking support and self-harm, are common mechanisms used by victims of crime (Hill 2009).

Results from the 2009 General Social Survey on Victimization found that 88% of victims of self-reported sexual assault did not report the incident to police (Perreault and Brennan 2010). As with these previous findings, most of the survivors of CSA and ASA in this study did not report their abuse and/or assault to police, or have another individual report the incident. The survivors provided a number of reasons for not reporting. Among survivors of CSA, the most common reasons for not reporting included a lack of family support, not knowing that they could report and a fear of the offender. Among survivors of ASA, the most common reasons for not reporting included shame and embarrassment, no confidence in the criminal justice system and a fear of the offender.

The participants were also asked how they learned about the justice system. Responses included many formats (e.g., face-to-face contact, media) and different sources (e.g., police, sexual assault centres). The survivors also shared a number of insights regarding what survivors of sexual violence should know about the criminal justice system and provided a number of suggestions on how this information could be shared with survivors, including through school programs and counsellors, victim services, sexual assault centres and the media.

The majority of the participants in this study had low confidence in the criminal justice system. Many participants felt as though they were not treated fairly by the justice system and many felt re-victimized by the process and the professionals involved. The survivors provided a number of suggestions on how the criminal justice system can better meet the needs of survivors. The suggestions centered on three main themes: making the survivor feel safe and comfortable; providing information and education on sexual violence and the criminal justice system; and making changes to certain elements of the criminal justice system.

Throughout this study, it became clear that survivors do not fully understand the criminal justice system and how it operates. Indeed, one of the most common suggestions provided by the survivors on how the criminal justice system can be improved was to provide information and education on the criminal justice system to both survivors and the general public. Furthermore, some survivors suggested that functions/services be put into place that already exist (e.g., not making information about the case public, allowing the Parole Board of Canada to hear from the victim). This not only points to a lack of understanding of the justice system, but to the fact that services may not be working the way that they are intended. Victims may not be aware of the services/functions that exist because this information has not been supplied to them, or if it has, it has not been understood. It is important that victims be provided with public legal education and information (PLEI) materials that are easily understood. Furthermore, the participants suggested that all Canadians should be provided with education on the criminal justice system at a young age to ensure that citizens are aware of how the justice system operates.

The lack of understanding of the criminal justice system may also be playing some part in the low confidence in the justice system that participants described. Some participants were displeased with the way that the criminal justice system handled their case and with the various case outcomes (e.g., sentencing decisions). With additional information on how the criminal justice system operates, the factors that Crowns consider when determining whether to press charges, and the factors that judges consider when determining whether to convict an offender and which sentence to impose, the survivor may be less inclined to perceive the system as unfair.

While understanding the criminal justice system is very important for victims and witnesses, research has shown that trauma, such as sexual assault, impacts learning (see McDonald 2000, 2002; Horsman 1999). Trauma can result in many negative cognitive outcomes, including memory problems, decision-making deficits, increased susceptibility to social influence, disorientation and concentration problems, all of which impact learning (Horsman 1999; Rundle and Ysabet- Scott 1995). Because of the impact of trauma on learning, there will be individuals who will not understand or retain information that is given to them by victim services providers. Training on the impacts of trauma on learning should be provided to victim services and other criminal justice professionals so that they are better equipped to deliver information in a way that ensures that survivors are able to understand, retain and apply the information they are provided.

Although this study provided insight into the experiences of sexual assault survivors in Canada’s provinces, it is limited to those jurisdictions that participated and is not generalizable to all survivors of sexual violence in Canada. Furthermore, the participants in this study represent survivors who sought help from specific sexual assault centres and therefore may not necessarily reflect the same views as those who sought help from other centres, or who did not seek services. As such, the experiences of these survivors may not necessarily be the same as other survivors. In order to gain a more fulsome understanding of the experiences of survivors of sexual violence from across the country, future research should examine the experiences of survivors from each province and territory, including those who have not accessed services from the sexual assault centres that participated in this study.

The experiences of sexual assault survivors are broad and their needs are far-reaching. By better understanding these experiences and needs, victim service providers and the justice system as a whole can be in a better position to support survivors of sexual violence throughout the criminal justice system.