{"id":8504,"date":"2026-07-10T09:35:04","date_gmt":"2026-07-10T13:35:04","guid":{"rendered":"https:\/\/sansviolencefree.ca\/?post_type=ressources&p=8504"},"modified":"2026-07-13T09:49:07","modified_gmt":"2026-07-13T13:49:07","slug":"supporting-survivors-of-ipv-and-sexual-violence-in-the-justice-system-7-recommendations","status":"publish","type":"ressources","link":"https:\/\/sansviolencefree.ca\/en\/resources\/supporting-survivors-of-ipv-and-sexual-violence-in-the-justice-system-7-recommendations\/","title":{"rendered":"Supporting Survivors of Intimate Partner Violence or Sexual Violence Through the Justice System: 7 Recommendations for Practitioners"},"content":{"rendered":"\n

The justice system operates within a broader social context shaped by traditional norms and beliefs, which can influence how the experiences of survivors of intimate partner violence and sexual violence<\/a> (SV) are recognized and understood. Beyond legal information and an understanding of judicial processes, survivors primarily need support from empathetic<\/strong>, trauma-informed professionals who are trained in intervention and able to navigate the challenges, limitations, and realities of the justice system while helping maintain realistic expectations<\/strong>. <\/p>\n\n\n\n

To better understand this issue, we spoke with Me. \u00c8ve P\u00e9clet, a family lawyer, community activist, and Canadian politician who represented survivors of intimate partner violence in civil court for many years. Drawing on her practical experience, we have compiled seven concrete recommendations for practitioners supporting survivors throughout their legal journey in Quebec and across Canada.  <\/p>\n\n\n\n

The content of this article is provided for informational purposes only and does not constitute legal advice. For guidance tailored to your specific situation, please consult a qualified legal professional. <\/p>\n\n\n\n

1. Do Not Overestimate What the Justice System Can Recognize as Violence <\/h2>\n\n\n\n

One of the first things practitioners should understand\u2014and communicate to survivors they support\u2014is that the law may not recognize the full range of violence and abuse a person has experienced<\/strong>. Physical violence, assault, threats, and criminal harassment are offences under the Criminal Code of Canada. <\/p>\n\n\n\n

However, while coercive and controlling behaviour<\/em> has been recognized since 2021 in Canadian family law through the Divorce Act<\/em><\/a> (R.S.C., 1985, c. 3 (2nd Supp.)), it is not yet a standalone offence under the Criminal Code. The same is true for psychological abuse, economic abuse, and litigation abuse2<\/sup>. These forms of violence<\/a>, which are often central to a survivor\u2019s experience, can be difficult to establish before the courts except through existing legal offences or causes of action. <\/p>\n\n\n\n

\u201cI do think there is still a significant lack of understanding among people in positions of authority\u2014such as judges and police officers\u2014when it comes to the complexity of intimate partner violence. […] There are many more complex dimensions to it, including psychological abuse, economic abuse, coercive control, post-separation abuse, and litigation abuse\u2026\u201d<\/strong> <\/p>\n\n\n\n

\u2014 Me P\u00e9clet, Family Lawyer <\/p>\n\n\n\n

For a compassionate and legally informed practice:<\/strong> it is essential to help survivors accurately identify and describe the forms of violence and abuse they have experienced, while informing them about behaviours that may constitute criminal offences and the civil remedies that may be available to them. <\/p>\n\n\n\n

It is also important to remember that the absence of legal recognition does not mean that the violence did not occur<\/strong>. A form of abuse can be very real and profoundly harmful, even if it is not formally recognized as a distinct legal offence. <\/p>\n\n\n\n

2. Clearly Explain the Two Legal Pathways: Criminal Proceedings and Civil Remedies <\/h2>\n\n\n\n

Survivors and those supporting them often wonder which legal avenue is most appropriate: the criminal justice system or a civil action or both. Understanding the key differences between these two pathways is essential to providing accurate guidance. <\/p>\n\n\n\n

The criminal justice process allows the state to prosecute conduct<\/strong> that may constitute a criminal offence. If the evidence establishes the offence beyond a reasonable doubt, the person responsible for the violence may be charged, prosecuted, and convicted under the Criminal Code of Canada<\/em>. <\/p>\n\n\n\n

A civil action, on the other hand, allows survivors to seek financial compensation<\/strong> for the harm they have suffered. It also provides them with greater control over the process, as they initiate the proceedings and remain the primary party directing the case, while generally bearing the associated legal costs. In addition, civil remedies may provide recourse for forms of violence and abuse that do not correspond to a specific criminal offence. On this point, Me P\u00e9clet emphasizes: <\/p>\n\n\n\n

\u201cThe main difference is that the burden of proof is higher in criminal proceedings than in civil ones. However, the challenge of proving acts of violence or abuse remains significant regardless of which court a survivor chooses to bring their case before.\u201d<\/strong> <\/p>\n\n\n\n

For a compassionate and legally informed practice:<\/strong> <\/strong>A helpful first step is to support survivors in clarifying and prioritizing their goals and expectations. Are they seeking public recognition of the harm they have experienced? The criminal justice process may be the more appropriate avenue. Are they seeking financial compensation or recognition of forms of abuse that are not criminalized? A civil action may offer greater opportunities for redress. <\/p>\n\n\n\n

In either case, encouraging survivors to document incidents<\/strong> from the outset of the support process is critical, regardless of which legal pathway they choose. <\/p>\n\n\n\n

3. Preparing Survivors for the Systemic Bias They May Encounter <\/h2>\n\n\n\n

Systemic bias and discrimination<\/a> do not stop at the courthouse doors. Rape culture<\/strong> within the justice system, along with myths such as the \u201cperfect victim,\u201d the \u201cideal victim,\u201d and \u201creal rape,\u201d are only beginning to be formally recognized as biases that can influence assessments of witness credibility and the evaluation of evidence in legal contexts, despite a growing body of research highlighting their impact. <\/p>\n\n\n\n

\u201cEveryday sexism is something that can affect any part of the justice system because biases and prejudices are still carried by people in positions of authority\u2014police officers, judges, and others with whom survivors interact throughout the process.\u201d<\/strong>  Me P\u00e9clet  <\/p>\n\n\n\n

Preparing a survivor for legal proceedings also means preparing them for the possibility that their account may be met with scepticism<\/strong>, or that certain forms of violence they have experienced may not be fully understood by those in positions of authority. <\/p>\n\n\n\n

For a compassionate and legally informed practice:<\/strong> accurately naming what the survivor has experienced helps establish an appropriate vocabulary without correcting or reshaping their account. Another good practice is to simulate interview sessions to prepare the survivor for the types of dynamic questioning they may face during examination-in-chief or cross-examination.  <\/p>\n\n\n\n

To ensure safe and effective support practices<\/strong>, several organizations offer individual<\/a> or group<\/a> training in court accompaniment and testimonial support for victims, designed for cross-sector practitioners.  <\/p>\n\n\n\n

4. Documenting from the First Contact: A Key element for Legal Evidence <\/h2>\n\n\n\n

In complex cases of intimate partner violence and sexual violence, evidence is built over time. Me. P\u00e9clet emphasizes how overwhelming the burden of proof can be, even in cases that are well documented: <\/p>\n\n\n\n

\u201cWe\u2019re talking about years and years of events, hundreds of pages of evidence\u2014the burden is extremely heavy.\u201d<\/strong>  <\/p>\n\n\n\n

\u2014 Me P\u00e9clet  <\/p>\n\n\n\n

For a compassionate and legally informed practice:<\/strong> <\/p>\n\n\n\n