Lisa Faye

NEWFOUNDLAND AND LABRADOR, 3 April 2024 – On March 6th, in response to a petition presented by Member of the House of Assembly Lela Evans, the Justice and Public Safety Minister John Hogan, stated “…the lawyers in this province are not retraumatizing sexual assault victims; whether it’s a Crown or a legal aid or a private lawyer in this province. It’s not the way it works. It’s actually impossible for it to happen.”

This statement is not only false, it is dismissive and unjust to the survivors who have endured sexual assault and have been further harmed in their pursuit of justice. The truth is that the entire criminal justice system is wrought with situations that are retraumatizing. From how forensic evidence is collected to the way that questioning is conducted by police, from the lack of trauma-informed conduct that is allowed in the courtroom to the way that courtrooms themselves are set up – each step of the process has the potential to cause further harm and, in most cases, does just that. While some improvements have been made, many remain to be corrected.

Earlier this month, the Federal Ombudsman for Victims of Crimes announced that they will be launching a systemic investigation into the treatment of sexual assault survivors in the Criminal Justice System. “It’s shocking how often victim rights are ignored. Survivors experience retraumatization and can feel disposable once their testimony is heard. Survivors who contact our office have told us they felt unsafe in a system that is supposed to protect them. We have normalized the idea that the criminal justice system will be a painful experience for survivors of sexual violence,” Ombudsman Dr. Ben Roebuck stated.

As organizations, that work directly with survivors of sexual assault, we can assure you that retraumatization occurs. For many, it starts with a forensic exam that is invasive. In many areas of this province, this exam is not performed by a Sexual Assault Nurse Examiner who is trained to provide trauma-informed nursing care. For others, it will begin with unequal power dynamics being demonstrated by police and lawyers that mirror situations that have caused past trauma, such as sexual assault. It continues as they are questioned about intensely personal and private situations and expected to disclose sexual acts that are often enveloped by sexual taboos; and are also associated with shame and victim-blaming. A lack of trauma understanding then leads to further questioning as survivors try to simultaneously remember the details of these events, and forget them to allow themselves time to heal. Trauma impacts how memory is stored. Accounts that may include new details are often deemed inconsistent, and unreliable. Too often, these cases are dismissed as evidence is lacking and the system itself becomes overwhelming for the survivor. This is not justice.

If the case makes it to trial, the physical setup of courtrooms serves to highlight further vulnerabilities for survivors where they are both looked down upon and are unable to escape the gaze of the offender. Many survivors feel that they are inadequately prepared as lawyers struggle with high caseloads and little preparatory time. During testimony, accounts of trauma responses such as freezing, not fighting back, or fawning are reinterpreted as consent despite these being biological responses to trauma and situations of threat. Myths related to sexual assault are allowed to be reinforced through questioning by the defendant’s lawyer about why a person may have been at a certain location, their substance use, or past consensual sexual encounters. Add to this media coverage and scrutiny as the trial proceeds, where strangers will weigh in with their own viewpoints and opinions, often based in rape culture, that further serve to stigmatize the survivor’s actions during the assault.

In contrast to Minister Hogan’s statement, retraumatization is very much possible and in most cases a certainty. At each stage, the system can further harm the survivor and discourage them in their pursuit of justice. A system focused on reducing harms and informed by a full understanding of the impacts of trauma would allow survivors to see justice in ways that help them build trust and empower them to speak their truth, to know that they are believed.

We would ask Minister Hogan to listen to and learn from survivors, to speak to the people who support victims and survivors to better understand the harms inflicted by systems in our province and across the country. We would ask that he be ready to listen to MHA Evans to build an understanding of what she is seeing in Labrador, where her concern comes from.

Sexual assault is a serious issue in Newfoundland and Labrador and this is not a time for playing politics, but rather a time to lead from principles, to speak with our values front and centre. Survivors of violence deserve to be heard and must not be dismissed.

Media contacts
Paula Sheppard
Executive Director
Corner Brook Status of Women Council
709-639-8522
cbwomenscentre@gmail.com

Lisa Faye
Executive Director
St. John’s Status of Women Council
709 765-4434
lisa@sjwomenscentre.com

About PANSOW: The Provincial Action Network on the Status of Women (PANSOW) is a feminist network advancing gender equity and justice in Newfoundland & Labrador. PANSOW applies a provincial lens to issues of equality and ensures a public voice for women and non-binary people from a non-partisan, grassroots, and feminist perspective. PANSOW consists of the Executive Directors of all nine Status of Women councils in Newfoundland and Labrador. PANSOW’s mandate is two-fold: To educate and build awareness on broad issues related to gender equity and justice in the province; and to advocate for change in government policy and legislation that facilitates gender equity and justice.