November 10, 2020

Four days after being violently sexually assaulted in her own apartment, robbed, and left in fear for her life, Carrie* was alerted to her perpetrator’s arrest. Charges were filed against him for her assault and for another victim who had been violated in the same way. Despite the added trauma of doing so, Carrie worked closely with the State’s attorney in their case against this man. She believed justice was being served.

That changed, however, when she learned that the state’s attorney had offered a plea deal to her perpetrator without even consulting her. Carrie’s victim’s rights had been violated. She was referred to CAASE and Mallory Littlejohn, who specializes in asserting the rights of survivors within the criminal justice system, began representing her.

Mallory was able to advocate alongside Carrie so her voice could be heard. Carrie was able to give a victim impact statement, telling the judge, the perpetrator, and everyone in the courtroom exactly how her life had been affected by the attack. These statements can be cathartic for survivors and are used in determining sentences—but they can also be very difficult to give. Carrie said “I don’t think I would have ever been able to do my victim impact statement on my own. My normally sharp brain just could not focus on writing it and I only did so with Mallory by my side. She allowed me to use my own voice.”

With great strength and perseverance, Carrie told the court how her confidence, joy, self-esteem, and feeling of safety had been taken from her. She also implored the judge to honor victims’ rights in the future. Spectators teared up as she went on to say her quest for justice was not ending that day with her perpetrator’s sentencing—that the fight for justice follows survivors into their day to day lives. It can include the struggle to be understood and accommodated in their schools, workplaces, and communities. That means survivors often need remedies outside the criminal justice system. In Carrie’s case, she needed support at work. 

She had previously been a consistent, top-performing employee but PTSD from the assault impacted her job performance. She felt as if she was “punished there because now I operate more out of fear, protection, and survival than anything else.” Mallory referred Carrie to another CAASE attorney, Rachel Johnson, who specializes in employment matters. 

And so Carrie had to embark on yet another leg of her journey toward justice, this time in the civil arena of employment law including the Victims Economic Security and Safety Act (VESSA). It mandates that employers must provide reasonable accommodations and leaves for survivors of gender-based violence so they can address their recovery and issues related to the harm they suffered.

Carrie’s employer was not knowledgeable about VESSA nor were they able to apply it well. Rachel had to explain and re-explain the law to the employer while fighting for Carrie’s rights. This was often a “two-steps forward, one step back” process and a continuous battle for Carrie and Rachel. Yet, Carrie persevered. She continued to press for her own justice and still succeeded at work while simultaneously fighting for her recovery.

Then, pandemic related layoffs began and Carrie’s position was eliminated. Once again, the employer failed to comply with VESSA, this time when determining lay-offs. Carrie knew to reach out to CAASE and the Managing Attorney of our Civil Division, Paula Meyer Besler, began representing her. Carrie’s employer agreed to an additional monetary settlement which gave her some sense of justice, especially for those that might come after her. She said “CAASE was able to educate my employer on what the laws were and how they should be applied to me. I did not have the knowledge or resources to do that myself. And, importantly, my employer was educated so that they should never fail another employee again in the future under these important rights.”

Carrie’s journey toward justice took her from police stations, detective’s offices, courtrooms, and ultimately to the conference rooms of her employer. It involved both criminal and civil matters—and CAASE feels fulfilled to be able to stand with survivors in both arenas. While Carrie tells us that she will never be able to thank our legal staff enough, she was the person whose sense of dignity and principles guided her entire journey. At the end of her impact statement in the criminal case, it was Carrie who implored the judge to uphold victims’ rights in these cases. And at the end of her civil settlement, it was Carrie who went out of her way to emphasize to her employer and CAASE that “never again will they be able to say they did not know.” So while Carrie thanks CAASE for walking this long journey with her, it was CAASE’s honor to be there.

Carrie* is a pseudonym for a real woman who was represented by CAASE Staff Attorney Rachel Johnson, Legal Director Mallory Littlejohn, and Managing Attorney Paula Meyer Besler. 

This piece was authored by CAASE Managing Attorney, Paula Meyer Besler, with assistance from CAASE’s Communications Manager, Hayley Forrestal.