Learn about Corridor: ‘Why Do DV Survivors Record and Settle Civil Instances?’

I was reading about the situation with Cassie, and was surprised to see that she settled just a day after you sent that email out. Why do DV survivors file and settle civil cases instead of filing charges?

“Justice” in this country’s legal system is a loaded word. No matter how you define it, it will look and play out differently for those seeking it. Avenues towards legal justice are not guaranteed for all. This is true for survivors of domestic and/or sexual abuse.

We know that there are multiple barriers victims face when trying to leave violent relationships, be it romantic or familial, which includes interactions with the “justice” system.

A 2015 study by the National Domestic Violence Hotline found that the women who called the police and the women who didn’t both were strongly reluctant to turn to law enforcement for help. Of those who did contact the police, 2 in 3 were afraid to call the police in the future because they felt they wouldn’t be believed, that the police would do nothing, or they would threaten to or actually arrest them instead. Many felt that the police had discriminated against them for things like not being a “perfect” victim or because they sided with the abuser.

This failure to protect and treat victims of abuse with respect and dignity strips them of their voice and helps continue the cycle of abuse. Additionally, the framing of domestic abuse as a “domestic dispute” often downplays its severity, making it hard to get the necessary help.

Even within the justice system, abusers have been able to use the courts to harass survivors by filing frivolous lawsuits themselves to force their victims to see them, which can cause them to miss work and isolate themselves from family or loved ones while depleting their finances. Abusive litigation like this is customary, as most states have fair to inadequate laws to prevent them. Learn more about anti-Strategic Lawsuit Against Public Participation (anti-SLAPP) laws.

So, then, what is justice?

It’s not up to us, as outsiders, to try to define what that justice should be for survivors of abuse, especially in Cassie’s case—even if as survivors.

I cannot speak as to why Cassie chose to pursue a civil case against Sean Combs or whether this is her way of seeking justice or regaining her power. Only Cassie can speak to that.

But I know the mere act of filing the lawsuit and detailing her experiences against a powerful, rich, and connected man takes a lot of courage. In doing so, it exposes the abuser for who they are and the harm they have created. And a settlement relieves her of a drawn-out spectacle where her character, choices, and even experiences of abuse become fodder for public discussion and scrutinized and dissected more extensively than that of the accused.

Rarely are powerful men or people in power held accountable for the harm they cause. If and when they do, this can take years, numerous witnesses, and evidence for justice to be seen. We have seen this played out in multiple public cases. Whether criminal or civil, against a celebrity or a layperson, survivors are put on trial for speaking out, opening them up to continued trauma.

For the survivors of domestic abuse that Dr. Judith Herman, professor of psychiatry at Harvard Medical School and author of “Truth And Repair: How Trauma Survivors Envision Justice,” talked to, justice isn’t necessarily their abusers being punished, but rather the truth coming out.

“When you ask survivors what they would want, they’ll say things like, I don’t want them punished, but I want them exposed. I want people to know who he is and what he did. And I want people to believe me. And I want people to tell me I didn’t do anything wrong. It’s the support and the vindication from the larger community that matters the most to survivors. They don’t want to be shamed and blamed. They want to be told the shame belongs to the person who did the crime” (NPR).

It’s also important to note that Cassie and over 2,000 people had filed their lawsuit under the Adult Survivors Act, which allowed them to file civil suits for sexual offenses, regardless of how long ago the incident took place in New York. Whereas they may not be able to press charges, they could at least sue individuals, employers, schools, or other institutions for monetary damages for an alleged sexual assault. The Adult Survivors Act expires today, Nov 24. Domestic and sexual abuse incur a physical and mental cost, but also a financial one. In this way, Cassie and others who take this route can recoup any expenses (medical, property damage, lost wages) while working to move forward with their life, on their terms. While their abusers are forced to deal with public scrutiny and the deterioration of their image that had allowed them to perpetuate their harm with impunity for so long, having been exposed and forced to shoulder accountability.

And in the end, is that not justice in and of itself?

If you or anyone you know is affected by intimate partner violence, you can call 1-800-799-7233 or text “START” to 88788. You can go to the National Domestic Violence Hotline for additional information.