A Qualitative Study Of Sexual Assault Survivors' Post-Assault Legal System Experiences

Following sexual assault, survivors may turn to the civil or criminal justice systems in pursuit of some form of legal justice. Informal support providers (SPs) often play a large role in survivors' post-assault experiences and recovery, including providing support during survivors' decision to pursue legal justice and in navigating the system. Yet, this has not been thoroughly examined in research, particularly through a dyadic lens. Using qualitative dyadic data from 45 survivor-SP matched pairs (i.e., friend, family, or significant other), the current study addresses this gap by looking broadly at survivors' post-assault experiences with the criminal and civil legal systems. Of the 45 pairs in the sample, the current study presents findings from a subsample of 28 survivors and 13 SPs regarding post-assault legal system experiences. Our findings suggest that survivors and SPs consider the perceived strength of their case, perceptions of police, and the possibility of institutional bias when deciding to report the assault to the police. Interviews revealed that reasons for legal system involvement extend beyond pursuance of perpetrator prosecution, such as filing for custody of their children after leaving a domestic violence situation or seeking financial compensation. Many survivors who had interactions with the police and legal system experienced secondary victimization, while a few survivors had positive experiences, despite their expectations. We recommend improved access to survivor advocates and suggest directions for future research stemming from findings.