Domestic and sexual violence victims being retraumatised by current justice system

Authors of the report heard that victims felt a lack of understanding on the part of professionals they came into contact with. File photo

Victims of domestic and sexual violence feel "belittled" and are being left in "life-threatening situations", according to a new report.

The joint Department of Justice and National Women's Council (NWC) report says victims are being disbelieved by untrained professionals and blamed for their abuse.

The report, titled A Report on the Intersection of the Criminal Justice, Private Family Law and Public Law Child Care Processes in Relation to Domestic and Sexual Violence, is calling for a more victim-centred, collaborative approach between the criminal justice process, the private family law process and the public law child care process.

Authors of the report heard that victims felt a lack of understanding on the part of professionals they came into contact with.

"We heard of people feeling 'belittled', 'stupid' and 'guilty' for staying so long in a home in which domestic and/or sexual violence was taking place and so being responsible for letting that situation persist."

Questions asked of victims by numerous professionals failed to "even begin to grasp the insidious nature of the coercive control that often underlies domestic and/or sexual violence in the home".

It is noted in the report that certain groups of victims including migrants, Travellers, people with disabilities and members of the LGBTQI+ community can be particularly vulnerable and isolated in the legal processes. These people often face additional burdens in ensuring the vindication of their general rights already.

In interviews with Travellers, the report heard of a tendency on the part of some gardaí to "minimise such allegations, to disbelieve the victim's account and/or leave the parties to sort the matter out amongst themselves".

The report recommends systemic and mandatory training for all professionals that victims encounter during their court experience. File photo: iStock

Victims said these negative experiences led to a reluctance on the part of many Travellers to report such abuse at all.

The report recommends systemic and mandatory training for all professionals that victims encounter during their court experience be enforced to equip them with an in-depth understanding of domestic and sexual violence and its impacts upon both adult and child victims.

The study highlights three key factors leading to women withdrawing from the legal system.

They include a system-wide lack of knowledge about the impact and dynamics of domestic abuse, a lack of support both in the court and outside, delays in the legal process and their experience in court.

Court accompaniment services are recognised as reducing the number of withdrawals of complaints.

In 2020, a report by the Domestic Abuse Commissioner of England and Wales concluded that "the single most commonly cited intervention that improved survivors' experience of going through the courts was dedicated court domestic abuse support".

Current court accompaniment services are largely provided by NGOs. Many services are straining under the volume of help that is needed.

"That workload was unsustainable before the covid-19 pandemic, but the situation has worsened considerably now," the report says.

We heard how increasingly the staff are compelled by lack of staffing resources to leave victims, already traumatised by what has happened, to face the ordeal of court alone."

Domestic or sexual violence can activate two, sometimes three, distinct legal processes — the criminal justice process, the private family law process and the public law child care process.

The report says that while there is an overlap between all of the processes, legally the processes work more or less in isolation.

It recommends a more victim-centred, collaborative approach between the processes, an approach that would enhance both the victim's experience and the outcomes of the processes as decisions will be based on the best possible evidence.

It is positive that an increasing number of women are reporting domestic and sexual violence to authorities but the legal systems do not recognise or engage with each other, said NWC director Orla O'Connor.

The significant burden of connecting and informing the three processes is put on the victim.

National Women's Council Director Orla O'Connor. Picture: Gareth Chaney/ Collins Photos

"Victims can be in different courts process simultaneously, for example giving evidence against the perpetrator in the criminal process and at the same time negotiating in civil courts on child access," said Ms O'Connor.

"Currently the responsibility is on the victim to bring relevant information between the systems and there is no acknowledgement of the trauma this is causing for victims."

She said that in order to achieve a victim-centred approach, a comprehensive and wholistic approach is needed across the systems involving the courts, legal professionals, guards and Tusla.

Responding to the publication of the report today, Minister for Justice Simon Harris said his department will review the recommendations and progress appropriate initiatives as part of the Government's Zero Tolerance Plan to tackle domestic, sexual and gender-based violence.

- If you are affected by any of the issues raised in this article, please click here for a list of support services.