A disturbing recent incident in Israel underscores how police are not equipped to understand the mental anguish of sexual assault survivors.
When a distraught 16-year-old reported sexual assault, her complaint was allegedly ignored by law enforcement authorities until her father stepped in and did something about it: He stabbed her attacker. The father has been arrested and the assailant is free.
We do not know many details about the case, as the identities of the parties involved are under gag order. It is possible that the police did everything in their power to conduct a thorough investigation. However, this incident must serve as a cautionary tale as the end result leaves three distraught parties - the victim, the attacker and the father who now must face criminal charges.
Such an incident underscores that many police units don't have the manpower or resources to adequately deal with complex sexual assault cases.
Most survivors contend with complex trauma after their assault and are unable to properly process the incident. Thus, in an investigation where the victim is asked basic questions about their assault, it is very possible for him/her to be afraid of cooperating with law enforcement, or they could reveal a fragmented account of what happened or even contradictory information. When someone is violated in such a way, it's traumatizing not only to the body, but the mind as well.
In the horrifying case mentioned above, police say this is exactly what happened – that the victim refused to cooperate with the investigation. It is unclear, though, if police did try to understand why she would not cooperate. Does she not have a proper recollection of events? Or is she afraid of openly accusing the assailant, who is known as an influential member of her community?
While I do not fault the police for closing a case in these circumstances, better practices would dictate that before doing so, police should bring in a therapist who specializes in sexual assault to speak with the victim. Police should also receive sensitivity training before they question victims of sexual assault.
Sadly, cold cases are not unusual when investigating sexual assault. They are some of the hardest cases to bring to trial because they are most often reduced to a he-said/she-said scenario. To make matters more complicated, most victims are assaulted by someone they already know. Accordingly, most victims coming forward are already contending with feelings of guilt and shame on top of being physically exploited.
As much as progressive values have gained momentum in other areas, society is still very conservative when it comes to sex. It is not unusual for a victim of a sexual assault that arises from casual dating to be asked why the victim agreed to go to the assailant's house if he/she did not want to have sex, thus blaming the victim for their own assault. Again, this is not to fault the police, who are searching for facts. But in the pursuit of these facts, they are blindly ignoring the trauma these questions may cause.
So, what can be done?
In Israel, current data shows that even the most basic needs of a victim are not being met. In a study conducted by the University of Haifa's Clinic for Legal Feminism, where I serve as an attorney on staff, 80% of respondents whose first language is not Hebrew were not provided with a translator when filing their complaint with police; nearly half were asked questions irrelevant to their case, such as detailed questions about their sexual history; and 80% said that their complaint never resulted in an indictment.
Additionally, most victims were not made aware of their basic rights like requesting to speak to a female officer or having the option of a volunteer from the rape crisis hotline accompany them to their meeting with police.
This overwhelming feeling of despair among survivors lends many women I speak with to wonder why they bother saying anything at all if it is inevitable that the case will be closed with no consequences for the attacker.
This needs to change. We need more victims coming forward. We need more reliable testimonies and for that to happen, we need to boost confidence in our legal system.
Therefore, police should ensure victims are being questioned by officers who have completed training regarding sexual assault cases, and they should only be questioned by an officer of their own gender. This officer should be compassionate and understand that the person reporting the alleged crime is traumatized, stressed and vulnerable.
Police also must work alongside social workers so that sex crimes can be treated in a holistic manner. At the Clinic for Legal Feminism, we are attempting to make this possible by being a conduit between a victim and law enforcement, meaning this taxing process can be easier for all involved.
However, NGOs and individuals cannot do this alone. A systematic overhaul must be put in place so that each victim is approached in a way where we put their physical and mental wellbeing first.
Vardit Avidan is an attorney at the University of Haifa's Clinic for Legal Feminism.
