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A recent report from The Guardian reveals that in England and Wales, three-quarters of sexual violence survivors face harmful rape myths during court proceedings. Victims endure questions about their attire, alcohol use, or even whether they sought revenge. These tactics, rooted in victim-blaming, retraumatize survivors and often make them feel like they are the ones on trial. Unfortunately, such practices are also prevalent in American courtrooms, compounding survivors’ challenges in their pursuit of justice.
The legal process can feel like an endless ordeal. U.S. survivors also experience delayed trials and adjournments. Victims often endure years of waiting, during which they may develop PTSD, depression, or suicidal thoughts. Many regret reporting the crime due to the emotional toll of navigating a justice system that seems stacked against them.
Rape myths—such as implying that a victim’s clothing or intoxication invited the assault—persist in U.S. courts, despite efforts to restrict the use of a survivor’s sexual history in trials. Defense attorneys may also suggest that a victim is pursuing justice as a form of revenge or imply that the incident was simply regrettable sex. These strategies distract juries from focusing on the actions of the perpetrator, undermining the survivor’s credibility.
Given the hostile courtroom environment, it is essential for survivors to work with experienced attorneys who are familiar with these tactics. Skilled lawyers can prepare survivors for cross-examinations, anticipate victim-blaming questions, and file pretrial motions to exclude irrelevant evidence. By providing robust legal support, survivors are better equipped to maintain their composure and advocate for their rights throughout the trial process.
Legal reforms remain crucial in eliminating these outdated practices. States across the U.S. are working to limit the use of sexual history evidence, but further changes are necessary to ensure survivors receive fair treatment.
SurvivorsRights.com will continue to highlight the barriers faced by survivors and provide resources to help them endure the stressors of the litigation process.
For more information, visit our resources page or reach out to one of our recommended legal advocates.
