Technology facilitated re-victimization: How video evidence of sexual violence contributes to mediated cycles of abuse

Abstract

With the ubiquity of technological devices producing video and audio recordings, violent crimes are increasingly captured digitally and used as evidence in the criminal justice process. This paper presents the results of a qualitative study involving Canadian criminal justice professionals, and asks questions surrounding the treatment of video evidence and the rights of victims captured within such images. We argue that loss of control over personal images and narratives can re-traumatize survivors of sexual violence, creating technologically-facilitated cycles of abuse that are perpetuated each time images are viewed. We find that the justice system has little to no consistent policy or procedure for handling video evidence, or for ameliorating the impact of these digital records on survivors. Subsequently, we assert that the need for a victim-centred evidence-based understanding of mediated evidence has never been greater.

Organizational support for the potentially traumatic impact of video evidence of violent crime in the criminal justice system: ‘We’re almost making more victims’

“…In this respect, the distinction between indirect and direct traumatic exposures becomes blurred as the viewer experiences the sounds and sights at intimate range. As has been previously reported, the repeated viewing of video evidence of violent crimes can not only re-victimize the actual victim depicted in the images (Regehr et al, 2021b), but also result in profound traumatic responses as the experiences of others are embodied by the viewer (Birze et al, 2022b), thereby expanding ‘trauma’s mobility as it travels in and through bodies’ (Coddington and Micieli-Voutsinas, 2017: 52).…”

“…Consequently, those working throughout the criminal justice system are increasingly required to intimately engage with this potentially traumatic content by way of locating, analysing, documenting, interpreting, disclosing, and deliberating upon video recordings of violent crime. Of course, the potential trauma for those dealing with the footage is not comparable to the victim/survivors depicted within it (Regehr et al, 2021b). However, as viewers now have access to visual and audio information not previously perceptible, this form of evidence is potentially a site of trauma, amplifying its impact, causing injury far beyond the original act, and as such, requiring its own policy and safety protocols for all involved (Birze et al, 2022b; Regehr et al, 2021b).…”

“…Of course, the potential trauma for those dealing with the footage is not comparable to the victim/survivors depicted within it (Regehr et al, 2021b). However, as viewers now have access to visual and audio information not previously perceptible, this form of evidence is potentially a site of trauma, amplifying its impact, causing injury far beyond the original act, and as such, requiring its own policy and safety protocols for all involved (Birze et al, 2022b; Regehr et al, 2021b).…”

Recognizing and addressing how gender shapes young people's experiences of image‐based sexual harassment and abuse in educational settings

“…First, the headmaster showcases an example of IBSHA, without of course identifying it as such. These sorts of typical (in)actions by schools have the potential to perpetuate harm, as the loss of control over personal images can re‐traumatize (Regehr et al., 2021) and re‐abuse (Biber, 2013) survivors of sexual violence. Along these lines, Caroline reflected on how damaging the assembly was noting it had “scarred her” proclaiming passionately that schools had to change from getting it so “terribly wrong” in order to protect young people and equip them with “objective” knowledge about sex:

Caroline: It should be taught exactly the same way any other subject is taught.

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