Megan R. Greeson
Associate Professor,
Department of Psychology,
DePaul University
A Statewide Needs Assessment of Sexual Assault Survivors' Civil Legal Needs
Stean's Center Community-based Research Faculty Fellowship Final Report
DePaul University
August 15, 2022
Principal Investigator: Megan R. Greeson, Ph.D
Associate Professor, Department of Psychology, DePaul University
mgreeson@depaul.edu
773-325-4092
Community Partner Contact Person: Carrie Ward, Executive Director
Illinois Coalition Against Sexual Assault
cward@icasa.org
(217) 753-4117
Introduction
After an assault, sexual assault victims/survivors have a variety of needs. Rape crisis centers (RCCs) in Illinois recognize the civil legal system holds potential remedies for survivors (e.g., addressing future physical safety, costs incurred as a result of the crime, etc.). However, RCCs are limited in their ability to use state funding to help survivors address these needs. Further, there is a lack of research on the extent to which sexual assault survivors have various civil legal needs, the extent to which those needs are met, and barriers and facilitators to meeting survivors' needs.
To address this gap in the literature and inform statewide policy and practice, the PI and the community partner designed a two-part mixed methods exploratory sequential statewide study of sexual assault survivors needs related to the civil legal system. First, we conducted qualitative focus groups with rape crisis advocates who help sexual assault survivors navigate the civil legal system. This has been completed and was funded by the Steans Center CBPR fellowship. The findings from the qualitative research will also lead to a follow up quantitative study. In the quantitative study, we will ask sexual assault survivors who seek help from rape crisis centers to report on their needs, the extent to which they attained what the help they needed from the civil legal system, and barriers and facilitators to attaining help. Specific constructs on the survey are informed by the qualitative study. Consistent with CBPR, the community partner determined the focus of the study, and participated as equal partners in decision-making throughout the project, and will continue to do so during dissemination of the qualitative findings and the entirety of the quantitative project.
Research Questions and Method
The qualitative study examined the following research questions. The focus group protocol is available upon request.
What do advocates perceive to be survivors' civil legal needs? What civil legal remedies are survivors aware of and how do they learn of them? How do survivors connect with the civil legal system? What are barriers and facilitators to survivors using the civil legal system? How successful do advocates believe survivors' interactions with the civil legal system are at meeting survivors' needs? Why? What are facilitators or barriers to successfully meeting the needs of survivors who do seek these remedies? How do advocates believe survivors' interactions with civil legal remedies (or lack thereof) impact survivors? How do survivors' experiences with the civil legal system differ based on whether or not they obtain legal representation? What are barriers and facilitators to survivors' obtaining legal representation? How, if at all, do these issues differ across geographic region (particularly the Chicagoland area compared to other Illinois regions)? Nine focus groups were conducted with rape crisis advocates in Illinois (4-7 advocates per focus group) during the 2021-2022 school year. The community partner regularly holds regional and statewide meetings of advocates. The partner scheduled regional and statewide meetings for the research team to conduct the focus groups and invited advocates to attend. Participation was completely voluntary. Five groups were conducted in person and four were conducted via Zoom due to COVID. The PI and trained graduate research assistants conducted the focus groups and note takers noted who was speaking. Focus groups began with the informed consent process. Then, the facilitator completed the semi-structured focus group interview protocol. At the end, participants were asked to complete a brief pencil and paper or online survey on their demographics. The community partner helped design and revise recruitment procedures, the focus group protocol, and procedures for protecting confidentiality and privacy. All focus groups were recorded and transcribed verbatim. Then, transcriptions were checked by members of the research team. Transcripts were de-identified. Trained graduate research assistants and the PI coded all 9 focus groups for key patterns in the data. Then, they met repeatedly to discuss, refine, and restructure themes. Themes were also discussed with community partners and with advocates during analyses to ensure interpretations were grounded in participants' experiences. Highlighted Findings Survivors' have a variety of needs related to the civil legal system. Advocates most often help with protective orders. Many survivors do not know about civil legal options for survivors prior to working with advocates. Some survivors who do know about civil legal options only have partial awareness of options or have misconceptions about civil legal options. Survivors tend to learn about civil legal options from advocates and rape crisis centers, but may also learn about them from other sources, including from prior personal experience, other service providers, the media, friends and family. Advocates tended to feel that having an attorney to represent the survivor in the civil legal system was very helpful and greatly improved survivors' experiences and outcomes. They noted that having an attorney was particularly important in certain situations (e.g., when the survivor petitioned for a protective order and the offender got a lawyer), and was necessary in others (e.g., filing a civil lawsuit). Advocates help connect survivors to legal representation. They prefer to connect survivors to legal aid agencies because they are low-cost or free and tend to be experienced in sexual assault and the civil legal system. Some rape crisis centers have also cultivated relationships with specific attorneys who they know provide quality pro-bono services to survivors and refer survivors to these attorneys. However, advocates were frustrated by the many barriers to survivors obtaining legal representation in the civil legal system. Limited legal aid resources meant that often, legal aid was not available to any of their clients or to specific groups of clients who did not met certain eligibility criteria. In addition, lawyers often refused to represent specific clients (e.g., due to conflict of interest, fearing the case isn't winnable, etc.). Survivors psychosocial factors also made it more difficult for some survivors to obtain legal representation (e.g., fear of lawyers and/or lack of trust in lawyers), etc. Logistical barriers also made it more difficult for some survivors to obtain legal representation (e.g., lack of language accessible legal aid, complicated phone systems, lack of transportation, lack of child care, lack of time off work, lack of money). Survivors also experienced psychosocial (e.g., fear, lack of trust in system) and logistical barriers (time off work, transportation) to connecting to the civil legal system and pursuing civil legal system options. Not having a lawyer was also a barrier to continuing to pursue civil legal options for survivors. Survivors being knowledgeable about the legal system, working with an advocate, having a strong personal support network, and supportive attorneys, judges, and other legal personnel helped survivors connect with and continue to pursue civil legal options. Advocates reported that survivors have mixed experiences with the civil legal system, with some having negative experiences and others having positive ones. Some survivors are able to obtain what they sought (e.g., a protective order, getting released from a lease early without penalty), while others are not. The process is generally difficult. Survivors may feel overwhelmed and distressed by the process even when it goes well for them. Advocates help survivors navigate the entire civil legal process and provide accompaniment, practical advice and information, and emotional support. Trauma-informed judges and attorneys are really important for the outcomes of survivor's cases as well as survivors' psychological well-being. Trauma-informed court processes are also important for survivors' well-being (e.g., private rooms for survivors to complete forms, separate rooms for the offender and the survivor to be in while waiting for court, etc.). On the other hand, retraumatizing practices (e.g., lack of privacy, suggesting they are to blame, etc.) are bad for survivors' cases and well-being. Specific types of cases were discussed as more/less likely to have positive experiences in the civil legal system, suggesting biases in the system. In addition, the lack of standardized application of laws across judges and courts was frustrating for advocates. Advocates reported for some survivors, the experience was difficult but still validating, empowering, and at times contributed to feeling safer. However, some survivors felt retraumatized and less safe as a result of their experiences with the civil legal system. Products and Next Steps
Completed products:
The research team has presented to the community partner and at a statewide conference for advocates. The team has completed 1 peer-reviewed academic conference from this data, and four additional presentations have been accepted, but have not yet been presented. In addition, the PI and community partner completed a federal grant application to the Office on Violence Against Women to fund a follow up study specific to survivors experiences' seeking protective orders.
Next steps
The research team is working with the community partner to prepare broader dissemination to practitioners. Specifically, we will conduct a webinar for advocates, prepare a full practitioner report and brief report or infographic, present to policy makers, and create a brief synopsis for their newsletter. We are also currently working with the community partner to design the follow-up quantitative survey of survivors, and received a Vincentian Endowment Fund to pay for participant incentives.
The research team will also complete publications from the data, consistent with the Steans Center expectations. At present, we are planning at least 2 publications submitted to peer-reviewed journals focused on accessing civil legal options, and helpful vs unhelpful facets of survivors' experiences with the civil legal system.