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Essay on Sexual Assault and the Criminal Justice System

   

Added on  2023-06-03

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ESSAY ON SEXUAL ASSAULT 1
Essay on Sexual Assault
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Essay on Sexual Assault and the Criminal Justice System_1

ESSAY ON SEXUAL ASSAULT 2
Essay on Sexual Assault
It has been said that sexual abuse victims are often victimized again by the Criminal Justice
System. What does this mean? Explain how the reconceptualization of sexual abuse has been
reflected in significant changes in the treatment of victims.
The cases relating to sexual assault such as rape have been decriminalized in the society
and this is attributed to a variety of reasons. Such reasons entail, the poor treatment of the
survivors, the non-conviction of the different perpetrators and also the lenient sentencing of the
individuals who commit such crimes in the community. According to recent statistics, it was
found out that most of the victims of sexual assault have had an adverse experience of the
criminal justice system. A bigger percentage of the sexual assault cases are never reported
against the perpetrators and a study conducted indicated that over 70 percent of the victims fail to
report some of the nasty experiences to the police (Venema, 2016). There are several reasons
attributed to the non-reporting of such experiences.One of the reasons is fear among the victims.
There is often the fear of being let down by the criminal justice system, of disbelief, of re-
traumatisation and that of the unjustified blame. Most of the time, the criminal justice system
tend to assume the nasty part of the minds of the sexual assault victims since such victims do not
want to go through the different stages involved in providing justice.
The other challenge which a variety of sexual assault victims experience in relation to the
criminal justice system occurs during the trials of the case. Often the cross-examination part of
the trial tends to result in re-traumatisation (Smith, 2015). The victims also provide evidence by
providing a testimony and this is typically the primary center of focus of attack by the defense
team. The credibility and reliability of the evidence tabled by the victim can be undermined
through accusations of fabrications and lies. Such a detailed questioning of the evidence of the
Essay on Sexual Assault and the Criminal Justice System_2

ESSAY ON SEXUAL ASSAULT 3
particular victim could result in terror and powerlessness of the initial assault and such a
situation is referred to as the secondary victimization. The secondary victimization can lead to
negative consequences on the victims’ well-being and also mental health.
Also, in the courts during the trials, the victims of sexual assault are often compelled to
provide details of the event which transpired and this has had psychological outcomes such as
the post-traumatic stress disorder (Goody, 2017). The post-traumatic stress disorder entails
certain features such as negative thoughts and assumptions about oneself, feelings of blame and
also certain difficulties with the memory. The defenses in the court who act on behalf of the
sexual assault perpetrators use such psychological outcomes of the sexual violence in
undermining the claims provided by the victims and this makes it difficult to prosecute the
criminal offenders.
The other reasons attributed to the fact that the sexual assault victims are often victimized
by the criminal justice system is based on the first contact of the survivors and the police. A
study which was conducted in the last two years indicated that the first encounter of the victims
with the police was often bad and thus most of them became reluctant to look for more help in
relation to the prosecution of the sexual assault perpetrators. Most of the police officers have
been accused of treating the victims with a lot of sensitivity.
The criminal justice system also often victimize the victims twice and this is based on the
type of treatment given to the survivors of sexual assault such that they are treated as liars based
on the details they provide until proven in a court of law (Koss, 2018). Further, during the trials
regarding the cases of sexual assault on the particular victims, the survivors undergo through a
lot of breach of their privacy and this has deeply affected their self-esteem. The criminal justice
Essay on Sexual Assault and the Criminal Justice System_3

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