In The Eyes of The Law: Survivor Experiences and Image Construction Within Sexual Assault Cases

Research has clearly documented the challenges that sexual assault survivors face within the legal system, yet little attention has been devoted to the ways in which survivors demonstrate agency during this process. The present study explored the ways in which sexual assault survivors navigate the power structures and stereotypes present within the Canadian criminal justice system, particularly during pre-trial preparatory activities and testifying experiences. Semi-structured qualitative interviews were conducted with eight adult female sexual assault survivors who testified against their assailant at a preliminary hearing or trial, as well as four service providers responsible for assisting survivors within the legal system. Data collection and analysis was informed by constructivist grounded theory (Charmaz, 2006). Findings showed that survivors' experiences testifying and interacting with defense attorneys were predominantly negative, while experiences with police and Crown Attorneys were comprised of both supportive and unsupportive aspects depending on the level of belief, support and commitment shown. Consistent with previous findings on survivor agency (e.g., Greeson Campbell, 2011), participants expressed agency through purposeful acts of both compliance and defiance with system expectations, depending on which course of action was deemed most beneficial in meeting personal goals for self-protection, system change or prosecution of the offender. Participants complied with system expectations through cooperation with legal personnel as well as deliberate mental, emotional, psychological and physical strategies to prepare themselves for testifying, including independent legal research, testimony rehearsal, psychological coping strategies, emotion management, and appearance modification. These activities were undertaken to increase personal confidence and comfort, as well as to construct stereotypically consistent images of ideal victimhood, enhance perceived credibility and assist in the prosecution effort. In addition, participants expressed agency through actions such as obtaining their own legal representation, protesting and resisting unfair or inappropriate treatment, and setting boundaries in their interactions with legal personnel. Findings indicate that even in the aftermath of serious trauma, survivors of sexual assault are able to take purposeful action to assess their own needs and shape their legal interactions and experiences in order to best meet their personal goals (Greeson Campbell, 2011; Konradi, 2007).

Department dc:contributor.department

Applied Psychology and Human Development

Year dc:date.issued

2014

Author dc:creator

• Clarke, Allyson Kathryn

Advisor dc:contributor.advisor

• Lana, Stermac

• Court preparation
• Image Construction
• Legal system
• Sexual violence
• Victim experience

Handle dc:identifier.uri

http://hdl.handle.net/1807/68431

OAI identifier oai:identifier

oai:utoronto.scholaris.ca:1807/68431