Civil Legal Services and Survivor-Defined Justice: A Qualitative Study with US Civil Legal Attorneys for Sexual Assault Survivors

Abstract

In the United States and elsewhere, civil legal services are an overlooked strategy in the response to sexual assault. Contrary to the criminal legal system, civil legal remedies can offer supports that are specific to survivors’ immediate needs in the aftermath of sexual assault. To learn more about this legal strategy, we explored three areas: 1) civil legal needs of survivors; 2) barriers to seeking civil legal services; and 3) what survivor-defined justice might look like. In-depth interviews were conducted with 24 civil legal attorneys who work with survivors of sexual assault in the US. Results indicate that survivors have a multitude of overlapping legal needs outside of the criminal legal system, especially related to increasing agency, safety, and stability in their lives. Yet, several barriers exist that prevent access to these legal remedies. Despite these barriers, attorneys outlined how survivors’ lives have been positively affected by the services they offer. Attorneys also spoke to what “survivor-defined justice” might look like for their clients in this context. The results support the need to expand our conceptualization of justice beyond what the criminal legal system can offer. Implications for advancing civil remedies as a survivor-centered legal strategy are discussed.