Towards a culturally safe, trauma-informed court: responding to stereotypes in sexual violence cases

This article investigates how judicial officers can incorporate culturally safe practice, including cultural awareness and cultural humility, into courtroom processes and decision-making. In raising awareness, the article draws on the authors’ 2024 scoping review to examine seven populations that have an increased risk of sexual violence, focusing on the stereotyping they experience that deters reporting and engagement with the justice system. Cultural humility then requires an ongoing process of critical self-reflection, which is assisted by an understanding of the decision-making process and the mental shortcuts (heuristics), stereotypes and biases that are hard-wired cognitive activities. The article discusses individual, interpersonal and institutional strategies for judges to identify and address implicit bias. Culturally safe practice is a learning journey, requiring a commitment to identifying and addressing power imbalances, stereotypes and bias on all levels: individual, societal and institutional. While judges cannot eliminate all bias, they can commit to self-reflection, practical strategies, and institutional change — strengthening public confidence, and upholding fairness as a central pillar of the judicial system.