For many survivors of childhood sexual abuse, pursuing justice through the courts is a brave and powerful decision. Yet it can also be emotionally challenging. The process of recounting painful memories, facing the people or institutions responsible, and reliving traumatic experiences can sometimes reopen old wounds. This is known as retraumatization.
Attorney Grant Boyd and O’Brien Law Firm understand that justice should never come at the expense of a survivor’s emotional well-being. Through trauma-informed advocacy, they help clients navigate the legal process safely and with compassion.
What Is Retraumatization?
Retraumatization occurs when a survivor is reminded of a traumatic event in a way that triggers emotional or physical distress similar to what they experienced in the past. It can happen during therapy, in court, or even when reading legal documents.
In the context of a civil lawsuit, retraumatization might occur when a survivor must recount details of the abuse, see the abuser in person, or hear others question their story. These moments can cause anxiety, fear, or a sense of powerlessness. Recognizing and addressing these reactions is essential to protect the survivor’s emotional health.
How the Legal Process Can Trigger Trauma
Legal proceedings are structured and formal, but for survivors, they can feel deeply personal. The very nature of the process requires survivors to revisit experiences they have often spent years trying to move past.
Retraumatization can occur in several ways:
- Depositions or testimony: Being asked to describe the abuse in detail.
- Cross-examination: Having one’s credibility questioned.
- Encountering the abuser: Seeing or hearing about the person responsible.
- Hearing institutional denials: Listening to organizations deny wrongdoing.
- Waiting for resolution: Enduring months or years of uncertainty.
Attorney Grant Boyd works to minimize these risks by preparing clients emotionally, ensuring their comfort during proceedings, and advocating for trauma-informed accommodations whenever possible.
The Importance of Trauma-Informed Legal Representation
A trauma-informed approach means understanding how trauma affects behavior, communication, and memory. It also means creating an environment that prioritizes safety, trust, and empowerment throughout the legal process.
At O’Brien Law Firm, this includes:
- Allowing survivors to share their stories at their own pace
- Using clear and supportive communication
- Coordinating with therapists or counselors to monitor emotional well-being
- Avoiding unnecessary exposure to stressful details
- Keeping survivors informed and involved in decision-making
This approach helps ensure that the pursuit of justice also supports healing rather than harming it.
Steps to Minimize Retraumatization
While some discomfort is inevitable in any legal case, several strategies can reduce the emotional toll:
Prepare emotionally: Work with a therapist before and during the case to develop coping strategies.
- Set boundaries: Let your attorney know what topics or situations are particularly difficult.
- Ask for breaks: Taking pauses during testimony or meetings can help manage emotions.
- Stay informed: Understanding what to expect reduces anxiety.
- Seek supportive spaces: Surround yourself with trusted people who offer comfort and validation.
Attorney Grant Boyd encourages survivors to view self-care as a critical part of the legal process. Taking care of one’s mental and emotional health is an act of strength.
How the Court System Can Improve
Courts are increasingly recognizing the importance of trauma-informed procedures. This means training judges, lawyers, and court staff to understand how trauma affects survivors and adjusting practices accordingly.
Examples of improvements include:
- Allowing survivors to testify via video rather than in person
- Providing private waiting areas to avoid contact with the abuser
- Permitting support persons to accompany survivors in the courtroom
- Encouraging more sensitive questioning techniques
These changes help make the legal process safer and more respectful for those seeking justice.
The Role of Therapy During the Legal Process
Therapy is one of the most effective tools for managing retraumatization. A trauma-informed therapist can teach grounding techniques, help identify triggers, and provide ongoing support as the case progresses.
Therapy also helps survivors separate their identity from the abuse, reminding them that they are more than what happened to them. Many survivors who receive therapy during litigation report feeling stronger, more confident, and more prepared for the emotional challenges of the courtroom.
Missouri’s Civil Statute of Limitations for Childhood Sexual Abuse
Survivors in Missouri have specific time limits to file civil claims for childhood sexual abuse, depending on who is being sued:
- Against the abuser: Survivors can file until age 31
- Against a negligent institution or non-perpetrator: Survivors can file until age 26
Certain exceptions may apply in cases involving delayed memories or newly discovered evidence.
Important Note: Statutes of limitations can be complex and may depend on the specific facts of a case. Survivors should speak with an attorney as soon as possible to understand their legal options and filing deadlines.
Attorney Grant Boyd helps survivors evaluate these timelines carefully to ensure their rights are protected.
Healing While Seeking Justice
The legal process is never easy, but with the right support, survivors can pursue justice without losing sight of their healing. By combining therapy, strong advocacy, and trauma-informed representation, survivors can reclaim both their power and their peace.
Justice and healing are not separate paths; they move forward together.