Revictimization Through Litigation: The ‘Catch and Kill’ Phenomenon
“Catch and kill” is a term that originated in the journalism industry, where a publication would buy the rights to a story and then intentionally not publish it, effectively silencing the story and protecting the subject/abuser.
In the context of a rapist suing their victim, “catch and kill” refers to a tactic where the predator goes one step further to also commit the crime of perjury by filing a baseless lawsuit against their victim, often under the lie of “defamation” or “harassment”, in response to the victim using their 1st Amendment protected right of speaking out about their abuse. Speaking the truth. Something abusers know little about thus making the goal not necessarily to win the lawsuit but to:
- Silence the victim: By filing a lawsuit, the abuser can intimidate the victim into remaining silent or retracting their statements.
- Drain resources: The victim may need to spend time, money, and emotional energy defending themselves in court.
- Maintain control: The rapist can use the lawsuit to regain control over their victim, forcing them to engage in a years long and potentially traumatic legal process.
This tactic is particularly insidious when organizations encourage victims to speak out, only to have their rapists use the legal system to silence them. It’s a form of revictimization, where the victim is punished for sharing their triggering but truthful story.
In essence, “catch and kill” in this context means that the abuser “catches” the victim in a lawsuit and then “kills” their voice, silencing them and preventing them from sharing their story.
Currently, in Florida and in Washington D.C., I have been working with our government to enact Look Back Windows for survivors to get civil justice and also for strengthening Whistleblower Protections like California’s AB 933 bill which aims to prevent abusers from using the legal system to silence their victims. Specifically, it:
- Prohibits courts from issuing restraining orders that would silence victims of abuse or harassment.
- 2. Prevents abusers from filing frivolous lawsuits against victims who speak out about their experiences.
- 3. Allows courts to consider evidence of abuse or harassment when determining the validity of a lawsuit.
- 4. Provides protections for victims who are sued by their abusers, including the ability to recover attorney’s fees and costs.
The goal of getting a bill like AB 933 into Florida is to prevent predators from using the legal system as a tool to further traumatize and control their victims, and to ensure that survivors can speak out about their experiences without fear of retribution.
If you are going through something similar, check out the following for resources for more support.
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This ends with us!
The National Women’s Law Center https://nwlc.org
RAINN (Rape, Abuse & Incest National Network) https://rainn.org
Trusted Sexual Violence Resources helpingsurvivors.org/resources/
Also check for the local victim services in your area. They can help you get free therapy and other help.