When Survivors Become Defendants: Supporting Child Abuse Survivors in the Criminal Justice System

It’s a cruel twist that many child abuse survivors—those harmed in their most vulnerable years—later find themselves entangled in the very system meant to deliver justice.

Some enter the criminal justice system as victims, others as witnesses. But far too often, they enter as defendants—youth or adults facing charges shaped, in part, by unaddressed trauma from their early years.

Understanding the unique challenges these survivors face isn’t about making excuses—it’s about seeing the whole story. If we want to break cycles of abuse, crime, and system involvement, we have to start with compassion, context, and the right supports.

The Hidden Link Between Childhood Trauma and Criminal Justice Involvement

Abuse doesn't just harm children physically or emotionally. It can alter brain development, increase risk-taking behaviors, impact decision-making, and shape how survivors view authority and trust. Research consistently shows that:

• A large percentage of incarcerated individuals report histories of child abuse or neglect.

• Childhood trauma increases the likelihood of arrest in adolescence and adulthood.

• Survivors often struggle with impulse control, emotional regulation, and trust in systems—all risk factors for justice involvement.

When we look closely, what we often see is that criminal behavior is sometimes a symptom of unhealed trauma.

Challenges Survivors Face Within the Criminal Justice System

Lack of Trauma-Informed Responses

Traditional courtrooms and correctional systems aren’t designed to recognize or respond to trauma. Survivors may:

• Be triggered by interrogation techniques or courtroom procedures

• React with anger, fear, or silence that’s misinterpreted as guilt or defiance

• Struggle to engage with probation officers, attorneys, or judges due to deep-seated mistrust

Cycles of Re-Traumatization

The justice system can unintentionally replicate aspects of abuse: power imbalances, isolation, lack of control, and punitive consequences for behavior tied to survival strategies.

For many survivors, their experience in the system feels less like accountability and more like a continuation of past harm.

Failure to Disclose

Survivors in the system often hide their trauma. Some don’t recognize it as abuse. Others fear stigma, retaliation, or disbelief. Without that context, professionals may miss critical opportunities to offer support or diversion.

What Needs to Change—and How We Can Help

To address the needs of child abuse survivors involved in the criminal justice system, we don’t need to lower standards. We need to raise our understanding.

Here’s where real impact starts:

Trauma-Informed Court and System Practices

• Judges, attorneys, and law enforcement trained to recognize trauma responses

• Use of language and courtroom processes that reduce re-traumatization

• Screening for ACEs (Adverse Childhood Experiences) and trauma history during intake

Diversion to Treatment, Not Just Punishment

• Connect survivors with trauma-informed therapy, mentorship, and skill-building programs

• Utilize specialized courts (e.g., juvenile treatment courts, mental health courts) that prioritize healing alongside accountability

Multi-Disciplinary Collaboration

• Child advocacy centers, mental health providers, and CPS working together with courts

• Ensuring that survivors’ needs are understood and addressed at every step

Recognize Behavior as Communication

A history of abuse may manifest in aggression, avoidance, or non-compliance. Recognizing these not as character flaws but as trauma responses helps professionals respond more effectively—and more humanely.

The Role of Community and Professionals

This work isn't just on judges and attorneys. It’s on all of us—CAC teams, school staff, law enforcement, mental health workers, parents, mentors, and advocates.

Every child or young adult entering the system brings a story. When abuse is part of that story, we must resist the urge to only look at what they did—and instead ask: What happened to them? And what can we do now to prevent this from repeating?

Conclusion: From Survival to Justice

Child abuse survivors who find themselves in the justice system aren’t broken—they’re often survivors navigating a world that failed to protect them when it mattered most.

If we want to break the cycle, we must start by seeing them fully: not just as defendants, but as people with pain, with history, and with potential.

Justice doesn’t start with a sentence—it starts with understanding.