Trauma-informed lawyering in the context of civil claims for sexual violence

IF 1.3 3区 社会学 Q1 LAW Journal of Law and Society Pub Date : 2024-04-29 DOI:10.1111/jols.12453
NIKKI GODDEN-RASUL, CLARE WIPER
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Abstract

Over the last decade, there has been an increase in civil compensation claims for sexual violence in the United Kingdom (UK). Given that trauma-informed approaches have been called for in relation to legal responses to sexual violence, we put forward seven key principles of trauma-informed lawyering in this context and draw on interviews with UK-based civil lawyers who represented sexual violence survivors to explore the extent to which trauma-informed work is taking place. While we found that our sample of lawyers typically had a very good knowledge of sexual violence and the trauma that it can cause, there was less certainty about how to accommodate the impacts in practice. Moreover, there was a tendency to prioritize individual healing and medicalize a form of social injustice. We conclude by emphasizing the need for legal training and education on a trauma-informed approach that accounts for the social and political dimensions of sexual violence and trauma.

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在性暴力民事索赔背景下的创伤知情律师服务
在过去的十年中,英国因性暴力而提出的民事赔偿要求有所增加。鉴于人们呼吁在性暴力的法律应对中采用以创伤为基础的方法,我们在此背景下提出了以创伤为基础的法律服务的七项关键原则,并通过对代表性暴力幸存者的英国民事律师的访谈,探讨了以创伤为基础的工作的开展程度。我们发现,样本中的律师通常对性暴力及其可能造成的创伤有很好的了解,但对于如何在实践中适应其影响却不太确定。此外,他们还倾向于优先考虑个人的康复,并将一种社会不公正形式医学化。最后,我们强调有必要开展法律培训和教育,使人们了解如何采取一种顾及性暴力和心理创伤的社会和政治层面的方法。
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来源期刊
CiteScore
2.00
自引率
15.40%
发文量
59
期刊介绍: Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.
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