Exploring Survivors’ Decisions to Re-Engage With the Criminal Legal System in Cold Case Sexual Assault Investigations

Large stockpiles of unsubmitted sexual assault kits have been discovered across the United States and are disproportionately concentrated in predominantly Black communities. Recent testing of stockpiled sexual assault kits and reopening sexual assault “cold cases” for reinvestigation and prosecution created a second opportunity for justice through the criminal legal system for some sexual assault survivors. This study explored survivors’ decision-making regarding re-engagement with the criminal legal system. Researchers conducted qualitative semi-structured interviews with 32 sexual assault survivors who chose to participate in the reinvestigation and prosecution of their case following a victim notification. Most participants were Black or African American women (88%). Motivations for re-engagement included a desire to prevent future harm, seek personal justice, and find closure. Concerns about re-engagement included fears about safety and the potential emotional toll of the reinvestigation and prosecution. These findings hold implications for how jurisdictions conduct victim notifications and the need for confidential, community-based advocacy to help survivors navigate the decision to re-engage. Police jurisdictions should prioritize testing both current and previously unsubmitted sexual assault kits and ensure that survivors are empowered to make informed decisions regarding their re-engagement in the legal process.