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Victims face issues in legal system as well

By Gracey Freeman

When we think about domestic violence, we often envision physical or emotional abuse. What is rarely considered is how offenders use the justice system as an extension of abuse. One of the biggest challenges advocates and victims face is the lack of accountability placed on offenders and the transfer of blame to victims, creating an environment in which victims do not feel comfortable participating in or appearing for court. 

There are many reasons why victims do not appear or participate in court. Attending court for victims can be retraumatizing, knowing they will have to face their abuser. There are also financial considerations when victims must take multiple days off from work when defendants or their counsel request continuances that reset the case. Sometimes cases can be pushed months down the road until victims eventually give up, lose hope and stop appearing for court. Often, victims are gaslit into believing the abuse is their fault and may fear reprisal from the abuser for speaking up. Victims also fear that the abuser will not suffer substantial repercussions and the abuse will persist or worsen. 

When victims do appear in court, they face additional obstacles. Victims can be met with threats of retaliatory charges, or abusers may use court cases as an opportunity to make false claims or shift blame to the victim. Abusers have labeled my clients as drug addicts, alcoholics, adulterers or mentally ill to excuse the abuser’s actions, discredit victim testimony or dissuade the victim from continuing. Additionally, the court’s interactions with victims can make them question the utility of moving forward, especially when the risk can outweigh the benefit. 

I have witnessed prosecutors ask victims, “Why don’t you just block him?” after the abuser violated a domestic abuse protection order instead of placing accountability on the perpetrator. When abusers violate court orders with no consequences, it sends a message to victims that courts have no authority and will not be able to protect them. When prosecutors take the side of perpetrators, it sends the same message. 

Victims who reach out and come forward must be met with understanding, professionalism and support. Fortunately, the courts I serve allow me to provide safety planning, information and access to resources that assist victims to alleviate some of the stresses of court participation. However, there is still more to do, and as a community, we must stand collectively to promote offender accountability and victim safety in cases of domestic violence.


Gracey Freeman is Community Advocate with the Gulf Coast Center for Nonviolence. Reach her at (228) 436-3809.

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