Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The Burden of Survival and Pursuing Justice

Opinion

The Burden of Survival and Pursuing Justice

A statue of Lady Justice.

Pixabay, WilliamCho

My neighbor was brutally attacked outside of his home one Friday night, when another resident, blasting loud music, yelled out his accusations, “You have been going through my things, you have been breaking into my home.” My neighbor gently told this man, “No, I have not gone through your things. Please lower your music.” His reply was a beating, fists that did great damage.

His wife was in the driveway, frozen. Horrified. Scared. She called the police and ran to her husband as the man fled.


My neighbor’s next memory begins at the County Hospital. His nose and several ribs were broken. He’s home now, bruised, bandaged—and still terrified. He asked why the police hadn’t acted. He had to call the police after the assault. He had to send them photos of his broken bones. The crime is a felony, but the police have no leads. I told my neighbor that this is too familiar in my field of work. When you are a victim, you become everything: The survivor, the patient, the detective, the crime scene investigator, the narrator.

The police asked him, why didn’t you have a camera? Why didn’t you let your dog out? Classic victim blaming.

Eventually, when he had to identify possible suspects, he was stressed: Could he recognize his attacker? Filing a civil restraining order was impossible because the police had not yet investigated the incident—or identified a suspect.

Welcome to my work, I said. Welcome to my world.

It is exhausting to be a victim.

Having to fight for your own survival is a tale as old as time. I hear it every day, and not just at work.

My neighbor’s story is far from unique. A teenager I know was the victim of a fight at school; her parents pushed the school for accommodations after the school did nothing. When I was in college, a friend was assaulted by her doctor. Years later, the burden to testify, to come forward, to try to stop him, was hers. Another friend suffered a beating outside of his place of employment. He had to track down security camera footage just to get the police to pay attention.

I know because I have practiced domestic violence law since 2004. Over the decades, the story is the same, always what the victim could or should have done differently.

Victim-blaming in the public sphere is brutal. Imagine when it happens at home. By your loved ones. Or by those who claim to love you. The blaming magnifies.

“Why didn’t you speak up?” They ask. “Why didn’t you tell anyone? Why did you marry that person?” Why why why.

A big part of our work is teaching survivors that the system is not fair. In the pursuit of justice, the system can hurt you more. Even in a crisis, you have to be your own advocate.

Plenty of information intended for people who experience domestic violence was applicable to my neighbor’s situation. I shared all the information I had on victim restitution, relocation assistance, security cameras, how to advocate with law enforcement, how to file a restraining order, and more. As helpful as the information might be, it forced him to take the time that he should have used for healing from the physical and emotional damage to become his own advocate. Even my offer rang hollow because all my well-intentioned advice shifted the burden from the authorities to my neighbor, the victim. I am proud to lead an organization that puts survivors first—but even I unintentionally burdened a victim, who should have been supported during a difficult time.

We can and must remove barriers to accessing justice.

During President Trump’s first administration, the failure to pursue white-collar crimes and cuts in the Victims of Crime Act (VOCA) and related government funding had a massive impact on victims of crime, who now find it much more difficult to get access to legal aid. The Crime Victims Fund (CVF) did not pass the committee last session. We have another opportunity now to secure much-needed funding for victims of crime. Call or email your representatives now and urge them to pass this vital legislation. A similar law was enacted in California in 2024 to address the reduction in federal funding. It came into effect after a group of advocates urged their legislators to find funding to continue critical services—like keeping shelters and other related services for survivors running. Other states can use a similar model in the meantime. Congress must enact this law to continue to protect survivors.

On February 7, 2025, the Office on Violence Against Women, withdrew funding opportunities that had previously been available -- sustaining the toxic trend of blaming the victim.

Carmen McDonald is an attorney and the Executive Director of the Survivor Justice Center; she is a Public Voices Fellow of t he OpEdProject.

Read More

 Judge hitting gavel in court, concept of justice, law, and legal protection. Back lit

From FIFA to federal agencies, politics is reshaping institutions once guided by expertise. How Trump v. Slaughter could redefine presidential power.

Aitor Diago/Getty Images

The Politicization of Everything

A red card is supposed to be one of the few things in public life a president cannot fix.

Not anymore, apparently. During the World Cup, U.S. striker Folarin Balogun received a red card and an automatic one-game suspension. President Trump called FIFA President Gianni Infantino, who lifted the suspension. Whether the decision was right or wrong is beside the point. Another line separating politics from ordinary life had been crossed.

Keep ReadingShow less
Lawyers Must Defend the Rule of Law, as the Founders Intended
We the People billboard
Photo by Larry Alger on Unsplash

Lawyers Must Defend the Rule of Law, as the Founders Intended

The Declaration of Independence is an explanation for why the colonists wanted their own country, but it's mostly an indictment: a 27-count charging document against King George III for running a lawless government. “He has obstructed the Administration of Justice.” “He has made Judges dependent on his Will alone.” “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people.”

It shouldn't be a surprise that so many of the 56 signers of the Declaration were lawyers. Lawyers swear an oath to the truth, to good faith, and to ethical conduct. In this year of the Declaration's 250th anniversary, it's important to remind lawyers of their oaths and their duty to defend against lawless, unethical behavior. At a time when it seems that more lawyers than ever are breaking faith with their oaths, the Declaration provides a model for how lawyers should respond.

Keep ReadingShow less
A U.S.-Mexico Impasse Will Test How Far the Trump Administration Will Go to Fight Drug Trade

Rubén Rocha Moya, governor of Mexico’s Sinaloa state, left, with then-President-elect Claudia Sheinbaum, center, and then-President Andrés Manuel López Obrador in 2024. The U.S. has charged Rocha with drug corruption, but Sheinbaum has refused to arrest him.

Rashide Frias/AFP via Getty Images

A U.S.-Mexico Impasse Will Test How Far the Trump Administration Will Go to Fight Drug Trade

After months of U.S.-Mexico tensions sparked by the Trump administration’s threats to strike unilaterally at Mexican drug traffickers, the two governments are heading for a potentially more serious confrontation over President Claudia Sheinbaum’s refusal to arrest Mexican officials charged in the United States with drug corruption.

U.S. Justice Department officials have yet to present a full picture of their evidence against 10 current and former Mexican officials, whose indictments were announced on April 29. They include the governor of Sinaloa state, Rubén Rocha Moya, an ally of the president and a prominent figure in her leftist political party.

Keep ReadingShow less
Shadow on a wall of Judge hitting gavel in court, concept of justice, law, and legal protection

The Rule of Law depends on action, not blind optimism. Explore how critical hope, civic engagement, and accountability can strengthen democracy.

Aitor Diago / Getty Images

Only Collective Action Can Turn Outrage Into Accountability and Protect the Rule of Law

The past year has shaken our faith in institutions and, perhaps, in each other. If not already eviscerated, the Rule of Law is under attack. In this atmosphere of constant chaos, we have become numbed by the events of each day and the scope of unprecedented executive action. Yet, even in the face of growing autocracy and oligarchy, the Rule of Law can prevail.

“There is a crack, a crack in everything. That’s how the light gets in.” In the current moment, it is tempting to reach for hope as comfort, or to repeat familiar lines about resilience, unity, or the promise of American ideals—such as this one from Leonard Cohen. But as educator Jeffrey Duncan-Andrade warns, not all hope is created equal. The kind of hope that ignores suffering, that insists the Rule of Law will revive itself without action, is not hope at all. It is what he calls “hokey or “mythical hope,” a passive optimism that ultimately deepens despair. What this moment demands instead is “critical hope”: a form of hope grounded in struggle and action.

Keep ReadingShow less