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Supporting trauma survivors is a key facet of therapeutic practice, and it can be extremely rewarding for both patient and client. In some cases, the unconditional positive regard of a therapist can be a catalyst for survivors choosing to seek justice through a civil lawsuit, meant to offer compensation for the pain and suffering they've endured.
While a civil claim can be empowering, it can also bring up intense feelings and lead to increased PTSD symptoms like nightmares or generalized anxiety. Preparing your patient for the court system can deepen the therapeutic relationship and encourage greater post-traumatic growth, even if the verdict isn't in the client's favor.
Become Familiar With the Civil Litigation Process
Learning how to handle the ethical issues of a court case is often a standard part of the training process, because many therapists will have to answer a subpoena or serve as a witness at least once during their career. However, knowing the limits of confidentiality and how to write litigation-ready therapy notes isn't the same thing as being able to help a client navigate the system.
You can help your client prepare by becoming familiar with the process. Know what kinds of questions will be asked and what evidence will be necessary to prove the assault occurred. If your client did not report the assault to the police, help them know how to explain this if it comes up at trial.
Many cases do not go to trial but are instead resolved through negotiation. While an attorney will handle much of the negotiation, many clients have conflicting opinions about whether they want to be there while the settlement is being formed. Remind clients that they control which settlement offers they accept, whether they want to be present, and how much communication they have about what's happening.
Understand That the Legal Process Often Causes Secondary Trauma
A Pew Research Center survey found that 1 in 3 respondents had been involved in a civil or criminal court case, either as a plaintiff or a defendant. Notably, though, a majority of them had felt they suffered emotional or financial losses from the experience, even if they won the case.
For sexual assault survivors, their initial trauma is often compounded by the sense of helplessness that comes from being part of the legal system. They were already violated by the defendant, but then felt further violated by having their story questioned and their life history interrogated. Changing court dates and delays can make them feel out of control and cause constant anxiety about when they will be forced to face their attacker again.
In some cases, the work of processing the initial trauma will have to be set aside to focus on the current circumstances. Ceding more control to the client during the legal process can help them feel they have a sanctuary where they are in charge of their destiny rather than being further managed by a professional.
Explain How Confidentiality Works With Legal Evidence
Confidentiality is a cornerstone of the therapeutic relationship. Clients should feel safe with full disclosure, knowing that you won't judge them. However, you still have to comply with court orders to share records, like diagnoses and therapy notes.
Recognizing that mental health is a fraught topic, each state has its own rules and laws around what mental health information can be entered into the public record. Attorneys and courts requesting evidence must be able to demonstrate that it is relevant to the case, and they cannot simply subpoena everything in the hope that it might be useful.
Explaining confidentiality to your client should start at the beginning of the therapeutic relationship and cover things like if they express a wish to harm themselves or others. However, once the client enters a lawsuit, it's a good idea to share more specific information about the legality of their mental health records and what types of information might be requested. You should also explain how discovery works: pertinent evidence is shared with all parties so that everyone has access to the same information and can build their arguments accordingly.
This conversation, while difficult, is crucial to lessening any sense of betrayal they might feel upon learning that their therapy notes were shared with defense counsel.
Help Your Client Set Boundaries Around Public Disclosure
Some cases, like the Dr. Patrick Clyne sexual abuse allegations, have generated major headlines across the country. This California doctor molested highly vulnerable children from the 1990s to the 2010s, including those in the foster and juvenile detention system. Victims only began coming forward in 2021, suggesting many more may be realizing they can still take legal action.
Public awareness of cases like this, where a trusted professional had access to hundreds of at-risk youth, can be extremely positive for society as a whole. Hearing about this doctor's actions can help other survivors book consultations with attorneys, forcing accountability across the whole system.
However, the publicity may push survivors to disclose well before they are ready. They then have to recount painful and personal details about the worst moments of their lives, not just to you and an attorney, but also to reporters or other parties. People may recognize their name and reach out with insensitive questions or push them to talk more about it, making the topic feel inescapable.
In other cases, survivors may feel pressured by social media campaigns, such as the #MeToo movement, to share their stories. This is often framed as bravery, but it can lead to greater harm if there's no aftercare or support for them once they've made that irreversible post. Negative comments can also cause extreme anxiety and threaten the survivor's sense of safety.
Part of your role as a therapist is to help your client feel in control of their own story, even when the media and legal system try to take that control away. Remind them that their attorney can use a variety of legal mechanisms to protect their identity throughout the process, and that media outlets should not name victims without their consent. You can also assure them that there is nothing wrong with not speaking to the media if they don't want to.
Prepare Your Client for Every Possible Outcome
While the burden of proof for a civil lawsuit is lower than for a criminal case, not every sexual assault survivor will win their claim. This is especially true if they were an adult and didn't report to the police, or if the assault happened years ago and much of the physical evidence has been lost.
In a trial case, both sides might believe the assault occurred but the jury doesn't agree. Technicalities like mislabeled evidence could cause a technicality issue. However, this never means that the assault didn't happen, that the survivor lied, or that no one believes them. You can help your client process the grief and outrage this causes, which can feel like a larger betrayal than the original assault.
In other cases, the client does win but feels disappointed in their own feelings about what occurred. They might feel frustrated that they're not happier about being believed or surprised that the trauma didn't go away because of the positive verdict.
Both outcomes can also lead to discomfort knowing that many others are aware of what happened to them and that highly personal details about them are on the public record. This knowledge can cause paranoia, anxiety, or a sense of judgment from strangers, believing that everyone around them is thinking about the case details.
Talking about these feelings in the lead-up toward case resolution can help clients name what they're experiencing and understand it's a natural reaction to the stress, not a personal failing.
A skilled therapist can be a lifeline to survivors going through a civil lawsuit, keeping them steady and ensuring they have a safe space to feel their pain. With these considerations in mind, you can feel more confident in being that ally for your client so they can navigate the legal system with maximum safety.
