Survivor vs System
The path to justice for victim-survivors of sexual violence is not only fraught with challenges but often feels like an uphill battle. A report from Victim Support, "Suffering for Justice," highlights just how deeply flawed the criminal justice system is when it comes to handling sexual violence cases. The findings paint a grim picture: victim-survivors re-traumatised by court proceedings, subjected to rape myths during cross-examination, and forced to endure excessive delays, often lasting years.
These are not mere statistics; they represent real people whose lives have been put on hold, their trauma prolonged, and their faith in the system eroded. I know this first-hand. My experience with the criminal justice system was a testament to these failures. My case, involving a so-called "sexsomnia" defence, was prematurely closed - a mistake that only became apparent after I exercised my right for a 'Victims Right to Review' which allowed me to pursue legal action against the Crown Prosecution Service (CPS) for failing to prosecute my rapist. But the process of seeking justice did not just require me to relive my trauma; it demanded that I investigate what went wrong, something that should never be the burden of a victim. It was exhausting, infuriating, and utterly dehumanising. It took years of persistence, emotional turmoil, and legal action before I was finally able to hold the CPS accountable for their failure.
Many victim-survivors share similar experiences of failures at the hands of the justice system. The report reveals that 73% of victims who made it to court were subjected to rape myths by the defence during cross-examination. This included being asked what they did to stop the attack, being accused of seeking revenge, or having their alcohol consumption scrutinised. Some, like Kate, were even asked what they were wearing, a question that should have no place in a modern courtroom. These tactics are not just outdated - they are cruel, perpetuating victim-blaming narratives that deter others from reporting crimes in the first place. This systemic victim-blaming creates a culture of fear, making justice seem unattainable for many. The delays are equally devastating. Half of the cases analysed in the report waited over three years from the time they reported to the police before their first court date. Many were adjourned multiple times, sometimes up to four times, often at the last minute with no explanation. Victim-survivors like Ellie, who endured five years of delays, describe feeling like justice was deliberately being kept just out of reach. She was forced to live in fear, knowing that her rapist remained free, only for him to be arrested again for another rape six months after she first reported him. Had the system acted sooner, could another victim have been spared?
Even after a guilty verdict, the system continues to fail victims. Some offenders who lived near their victims were not immediately remanded in custody, leaving survivors to live in fear of encountering them. Others were left with no clear information about the perpetrator's sentence. In many cases, the entire legal process leaves victims questioning whether reporting was worth it. The emotional and psychological toll is staggering, with many experiencing post-traumatic stress disorder (PTSD), suicidal thoughts, and, in some cases, even attempting suicide as a result of the ordeal. It was the same for me; not once after the incident of rape did I ever consider taking my own life. But the failures of the justice system set me down a very dark path where suicide felt like the only option - an escape from the constant battle in my mind. It's hard to come to terms with something that doesn't make sense, and to stop trying to understand what went wrong and why.
Throughout my own experience over the years, I have heard from countless victims who felt like justice agencies - the police, the CPS, and the courts - were betting on them being too naive, too traumatised, or too exhausted to fight back. And for a long time, they were right. The system has been built in a way that discourages victims from pursuing justice, making the process so unbearable that many give up before reaching trial. But I am starting to see change. Victims are fighting back - not just against their perpetrators, but against the very institutions that have failed them. Increasingly, survivors are using their voices to seek justice for themselves and advocate for systemic change. Charities like Victim Support, Rights of Women, advocacy groups, and individual campaigners are amplifying these voices, making it impossible for those in power to ignore them any longer.
We are seeing victims demanding accountability, not just in the courtroom but also in public discourse, policy reform, and direct challenges to institutions that continue to perpetuate injustice. The demands for change are clear. We need an end to the use of rape myths and a strict prohibition on introducing victim-survivors' sexual history in court. Victim-survivors must be given every right outlined in the Victims' Code - not just in theory, but in practice.
Court delays and adjournments must be drastically reduced, and victim-survivors should receive free and timely transcripts of judges' sentencing remarks [hopefully full transcripts at some point] to fully understand what justice has been served. There must be independent oversight to ensure that the rights of victims are upheld at every stage of the process. Most importantly, the system must stop treating victims as though they are the ones on trial. The burden of proof should never be placed on a survivor's character, clothing, or past behaviour - it should rest solely on the accused's actions. Suppose the justice system continues to force victim-survivors to navigate a process designed to wear them down. In that case, it will only serve to deter future reports, allowing perpetrators to continue their abuse unchecked. The lack of faith in the system is not due to victim-survivors being weak - it is because the system itself is deeply broken, often compounding the trauma rather than alleviating it.
I fought against the CPS when they failed to do their job, and I won. But I should never have had to fight that battle in the first place. No victim should have to become their own investigator, advocate, or legal expert just to receive the justice they are entitled to. Until these failures are addressed, we will continue to see victims forced to endure not just the trauma of their assault but the trauma of a justice system that too often works against them. However, I remain hopeful. Not because of the system itself, but because of the people who refuse to be silenced. Survivors are speaking out, challenging not only their perpetrators but the very structures that have let them down. And with every voice raised, every case fought, and every demand for change, we get one step closer to a justice system that truly serves victims rather than re-traumatises them. The fight is far from over, but one thing is certain - our voices are powerful, and we are not going away.
