Why Many Victims Suffer in Silence and How the Justice System Can Help
Introduction
When a person experiences domestic violence, police harassment, unlawful detention, illegal eviction, workplace abuse or another violation of their rights, seeking justice may seem like the obvious next step.
But for many people, reporting what happened is not easy.
Fear, financial pressure, social stigma, lack of information and concerns about retaliation can all prevent victims from coming forward. Sometimes, the person affected may not know if what happened to them was unlawful or where to seek help.
Understanding why people remain silent is important because access to justice does not begin only when a case reaches court. It begins when people know that they have rights, understand where to seek help and are able to use the systems available to protect those rights.
Legal aid organisations, civil society organisations and human rights institutions can play an important role in helping people navigate these systems.
Why Do Victims Fail to Report Violations?
Silence is rarely simply a matter of indifference. For many victims, it is a response to fear, uncertainty or difficult circumstances.
1. Fear of Further Victimisation
A person who has already experienced abuse may fear that reporting it will expose them to further humiliation, intimidation or mistreatment.
Some people may also worry that their complaint will not be taken seriously or that they will have difficulty navigating the reporting process.
When a victim has previously had a negative experience with an institution, such experience can make them reluctant to seek help again.
2. Fear of Retaliation
Perpetrators may have significant power over their victims.
A person may depend on an abusive partner financially, work for the person they are accusing, live in property controlled by them or otherwise fear the consequences of speaking out.
For such victims, reporting a violation may appear to carry risks that are difficult to manage.
This is particularly important where there is risk of further violence, intimidation, homelessness or loss of livelihood.
3. Financial Barriers
Legal proceedings can involve costs, including legal fees and other expenses associated with pursuing a case.
For someone already struggling financially, obtaining legal assistance or taking time away from work to pursue a complaint may feel impossible.
Financial hardship should not, however, mean that a person has no access to justice. Legal aid providers and civil society organisations may be able to provide assistance or direct people to appropriate services.
4. Shame and Social Stigma
Victims may also remain silent because they fear how others will react.
In some situations, victims are blamed for what happened to them or pressured by relatives and community members to remain silent.
The fear of gossip, rejection or being told to “keep the peace” can discourage people from seeking help.
5. Lack of Legal Knowledge
Perhaps one of the biggest barriers is simply not knowing what the law says.
A person may not know that they have legal protection against certain forms of violence, unlawful detention or discrimination. They may not know where to report a violation or whether they can obtain legal assistance.
This is why legal education matters.
People cannot effectively use rights and protections they do not know exist.
How Legal Aid and Civil Society Organisations Can Help
Victims do not always have to navigate the justice system alone.
Depending on their mandate and resources, legal aid organisations, civil society organisations and human rights institutions may provide different forms of support.
1. Legal Information and Advice
One of the first forms of assistance may simply be helping a person understand what the law says and what options may be available.
This can help a victim distinguish between a matter that requires immediate protection, a criminal complaint, a civil claim, an administrative complaint or another form of legal issue.
2. Legal Representation
Some organisations provide free or subsidised legal representation to people who cannot afford a lawyer.
Where appropriate, lawyers may assist with petitions, court proceedings, applications and other legal processes.
For a person who has never dealt with the justice system before, having someone explain the process and provide legal representation can make an enormous difference.
3. Referrals and Support Services
Victims may require more than legal assistance.
A survivor of violence, for example, may need medical care, psychological support, emergency accommodation or other specialised assistance.
Civil society organisations can help by providing such services where they have the capacity to do so or by referring victims to organisations that specialise in them.
4. Support in Reporting Violations
Some victims may need assistance understanding how and where to report a violation.
Human rights organisations can also provide avenues for complaints and advocacy.
For example, the National Human Rights Commission (NHRC) receives complaints concerning alleged human rights violations, investigates complaints and can seek appropriate redress and remedies. Its services are available through its offices across Nigeria and its online complaint channels.
5. Monitoring and Accountability
Civil society organisations can also play an important oversight role.
Monitoring police stations, courts, correctional facilities and other institutions can help identify systemic problems and bring attention to cases where people’s rights may not be adequately protected.
AWJAI’s detention and justice sector monitoring work is an example of how civil society can contribute to accountability and access to justice.
How Can the Justice System Make Reporting Safer?
Encouraging victims to report violations is not enough.
The systems receiving those complaints must also be accessible, responsive and capable of protecting people from further harm.
Several measures can help.
1. Accessible Protective Measures
Where the law provides for protection orders or other protective measures, victims should be able to understand how to apply for them and access them without unnecessary barriers.
The availability and procedure for obtaining such protection can depend on the applicable law and jurisdiction.
2. Safe and Appropriate Reporting Channels
People should have access to reporting channels that are appropriate to the nature of the complaint.
This is particularly important for victims of gender-based violence, children and other vulnerable persons, who may require privacy, sensitivity and appropriate support when making a report.
3. Protection Against Intimidation and Retaliation
Victims and witnesses may sometimes face intimidation after reporting a violation.
Justice institutions should take appropriate steps, within the law, to address threats, intimidation and other forms of interference with the reporting or investigation process.
4. Accessible Legal Aid
A person should not be prevented from seeking justice simply because they cannot afford private legal representation.
Government legal aid services, civil society organisations and other legal assistance providers can help bridge this gap.
5. Responsive Institutions
A complaint is only the beginning.
Police, courts, regulatory bodies and other relevant institutions must have systems that allow complaints to be received, investigated and dealt with fairly and within the law.
Accountability also requires that institutions respond when their personnel fail to perform their responsibilities.
What Should You Do If You Are Afraid to Report?
If you have experienced a violation but are unsure what to do, you do not have to make every decision at once.
Start by understanding your situation and identifying what support you may need.
Keep Record of Evidence
Where it is safe to do so, preserve relevant evidence such as messages, emails, photographs, videos, medical records, receipts, court documents and other correspondence.
Do not put yourself in danger simply to obtain evidence.
Document What Happened
Record important details while they are still fresh in your memory, including dates, locations, names of people involved and what happened.
Seek Professional Advice
Speak to a qualified lawyer, legal aid provider or appropriate human rights organisation about your situation.
You may not know exactly what legal remedy is available. That is why obtaining advice before taking action can be important.
Consider Your Safety
If reporting the matter could expose you to further violence or intimidation, seek appropriate assistance and consider your immediate safety before taking further steps.
Use Lawful Channels
Avoid responding to abuse, threats or intimidation with unlawful conduct of your own.
Where possible, use the appropriate legal and institutional channels to seek protection and redress.
You Do Not Have to Know Everything Before Seeking Help
One of the biggest misconceptions about accessing justice is that a person needs to understand the law before they can seek assistance.
You do not need to be a lawyer to ask questions.
You do not need to know the name of the law that protects you before seeking advice.
And you do not need to understand court procedures before asking someone to explain them to you.
The first step may simply be saying:
“Something happened to me. I do not know whether it was lawful, but I need help understanding what I can do.”
That is where legal education and access to appropriate support become important.
Why Legal Awareness Matters
A justice system cannot be truly accessible if people do not understand how to use it.
Legal awareness helps people recognise potential violations, understand their options and make informed decisions.
It can also help prevent people from taking matters into their own hands because they believe there is no lawful alternative.
An informed person is better equipped to ask questions, preserve evidence, seek advice and approach the appropriate institution.
And when more people understand their rights, institutions are more likely to face informed scrutiny and demand for accountability.
The Role of Civil Society Organisations
Government institutions have primary responsibilities under the law, but civil society organisations also have an important role to play.
Organisations working in access to justice and human rights can help bridge the gap between ordinary people and institutions.
They can provide legal education, support victims, facilitate legal representation, monitor justice institutions, document concerns and advocate for reforms.
At AWJAI, this work is at the heart of our mission.
We believe that access to justice begins with knowledge.
People need to know their rights. They need to know where to seek help. And when they cannot navigate the system alone, they need support.
Breaking the Silence
Simply telling victims to “be brave” is not enough.
People are more likely to come forward when they believe they will be heard, treated with dignity and supported through the process.
Breaking the silence around human rights violations therefore requires more than encouraging victims to report.
It requires accessible legal information, effective legal assistance, responsive institutions and appropriate protection for people who come forward.
It also requires communities to stop blaming victims for the violations they experience.
No one should have to choose between suffering in silence and facing the justice system alone.
At AWJAI, we remain committed to promoting legal awareness, supporting access to justice and helping vulnerable people understand the pathways available to them.
Justice becomes possible when people know their rights, know where to turn and have someone willing to stand with them.
Legal Note
This article is provided for general legal education and public awareness. It is not a substitute for legal advice. The appropriate legal remedy depends on the facts of each case, the nature of the violation and the applicable law. Laws and procedures may also differ between states in Nigeria. Where you or someone you know has experienced a violation, consider seeking advice from a qualified legal practitioner or an appropriate legal aid or human rights organisation.
Written by Thomas Oreoluwa Esther