Eliminating Bias Against Domestic and Sexual Violence Survivors

Domestic violence and sexual assault survivors confront substantial barriers to justice notwithstanding years of advocacy. Survivors face "credibility discounting" from judges, jurors, and even attorneys, questioning why they stayed with or returned to an abuser, or why their narratives appear non‑linear or unemotional. 

Survivors endure secondary victimization within the legal system itself, where disbelief, victim‑blaming, or culturally insensitive practices exacerbate original trauma. Trauma bonding, neurobiological response, and the dynamics of coercive control challenge how survivors may engage with justice partners. Unconscious bias against women, LGBTQ+ individuals, people of color, and low‑income survivors act to magnify these challenges.

Listen as our expert panel discusses the psychological impact of trauma, the persistence of myths and stereotypes, and the practical tools attorneys can use to combat and prevent bias within the system against survivors of sexual and domestic violence.  Attendees will gain access to national resources and actionable tools to integrate trauma‑informed advocacy into their practice.

I. Introduction and background

A. Biases against DV/SA survivors: credibility discounting, gendered stereotyping

II. Victim psychology and trauma dynamics

A. Trauma neurobiology

B. Trauma bonding

C. Secondary victimization

III. Common myths and biases: getting beyond “Why didn’t they leave?”

A. Connection to unconscious biases

B. Intersectional biases: communities of color, LGBTQ+, immigrants, low-income

IV. Trauma-informed legal practice

A. Frameworks, techniques, and new approaches

B. Interviewing, evidence gathering, etc.

C. Addressing credibility (memory gaps, flat-affect, non-linear narratives)

D. Using expert testimony

V. Resources, conclusion with Q&A 

The panel will discuss these and other key issues:

• Understanding trauma neurobiology and how abuse impacts survivor memory, behavior, and demeanor in the legal process
• Understanding survivor behaviors in context
• Addressing unconscious and intersectional biases
• Practical advice on enhancing evidence gathering, conducting trauma-informed interviews, minimizing re-traumatization, and promoting client trust and cooperation
• Courtroom techniques for credibility challenges using expert testimony