Abused women entering litigation processes can be disadvantaged by their limited knowledge of the court system and trauma-like symptoms. They are at risk of subsequently becoming victims of court-related abuse and harassment. Nicole Kragt, Master of Arts in Counselling Psychology student and researcher at Trinity Western University, investigates the lack of support for victims of litigation abuse in Canada, and advocates for a trauma informed justice system in Canada.
From first-hand witness to researcher with a mission
Kragt’s interest in the subject of litigation abuse stems from having witnessed the effects of violence against girls and women in her family and friends, and from her work with women in transition houses.
“My mother, being a survivor of childhood sexual abuse, laid the foundation for my passion to work with female survivors of trauma,” she says.
As a counsellor, she speaks of seeing first-hand the aftermath of intimate partner violence committed by male perpetrators towards female friends and clients.
“One of the first encounters I had with violence against women was working in a transition house as a front-line worker.”
She describes an abused woman who came into the facility: “Her eyes could hardly open due to the swelling and bruises on her face, head, and neck.”
Kragt was appalled. “I was deeply disturbed by her appearance and disgusted with the fact that an intimate partner, someone she had loved and trusted, had done such horrific things to her.”
Kragt’s compassion quickly turned into indignation.
“A sense of injustice and anger grew within me, and a passion to help women who had experienced intimate partner violence was ignited.”
When victims leave, only to become re-victimized in the courts
During her Master of Arts in Counselling Psychology program at Trinity Western, Kragt completed an internship where she counselled female survivors of domestic violence and abuse.
After hearing multiple client experiences, Kragt noticed a common theme of litigation abuse.
She decided to research women’s experiences of litigation abuse following intimate partner violence. Her research led her to a disheartening discovery:
“I realized that women not only experienced abuse within the relationship but years following in endless court battles,” she says.
Female survivors of intimate partner violence are being forced back into a victim role through the continued abuse of their partner in the courts, Kragt reports.
Additionally, the obstacles women face in navigating the court system following abuse tend to cause further distress and activate trauma triggers, she notes.
When justice is blind to trauma
This past spring, Kragt completed a pilot study where she investigated how female survivors of intimate partner violence experience litigation abuse.
One notable finding from the pilot study is that trauma symptoms are not recognized within the courts. For some women, entering the courts was traumatic because of the judges’ inability to recognize trauma symptoms – a “blindness” that places women at risk.
“This left [women] at a disadvantage in winning their cases,” Kragt observes.
The case for a trauma informed court system
Kragt believes there is a clear need for a trauma informed justice system. She explains that this includes an awareness of the psychological and emotional effects of trauma and how they may influence an individual’s ability to effectively navigate the litigation process.
“There is a subtle expectation within the court proceedings for individuals to appear free of emotion or trauma symptoms. This expectation is less than ideal for individuals suffering from trauma and additionally has the power to worsen their symptoms,” she says.
Kragt is currently recruiting participants for a fall research project to further explore women’s experiences of litigation abuse. She anticipates that this research will provide deeper insights into how women experience litigation abuse from both social and personal perspectives.
About Trinity Western University
Founded in 1962, Trinity Western University is Canada’s premier Christian liberal arts university dedicated to equipping students to find and fulfill their purpose in life. It is a fully accredited research institution offering liberal arts and sciences, as well as professional schools in business, nursing, education, human kinetics, graduate studies, and arts, media, and culture. It has five campuses: Langley, Richmond-Lansdowne, Richmond-Minoru, Ottawa, and Bellingham, WA. TWU emphasizes academic excellence, research, and student engagement in a vibrant faith community devoted to supporting vibrant leaders seeking to have a transformational impact on culture. Learn more at www.twu.ca or follow us on Twitter @TrinityWestern, on Facebook and LinkedIn.
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