Ethics

How Legal Marketing Fails Survivors of Institutional Sexual Abuse & Assault

The Importance of Trauma-Informed Marketing in Supporting Survivors

October 24, 2024
October 24, 2024
Written by
Jordan Terry
Reviewed by
Cory Tays

Overview:

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Key Takeaways

  • Insensitive marketing can retraumatize survivors of institutional sexual assault and deter them from seeking legal help.

  • Trauma-informed marketing is essential to engage survivors respectfully, focusing on empathy and accurate information rather than exploitation.

  • Law firms should collaborate with ethical marketing agencies that prioritize sensitivity and transparency to support survivors effectively.

How Legal Marketing Fails Survivors of Institutional Sexual Abuse & Assault

Institutional sexual assault litigations have brought some of the most complex and sensitive cases into the public eye, ranging from the abuse scandals within the Catholic Church and the Church of Jesus Christ of Latter-day Saints (LDS) to cases involving youth treatment facilities, doctors, and large corporations like Uber.

Survivors of these crimes often face retraumatization, both in reliving their experiences during legal proceedings and, unfortunately, through careless marketing campaigns aimed at reaching potential claimants.

Recent litigations have shed light on widespread abuse that occurred in religious institutions, healthcare settings, and businesses with vulnerable populations, where powerful individuals abused their positions of trust.

 

How Legal Marketing Fails Survivors of Institutional Sexual Abuse & Assault

From clergy in the Catholic Church to OBGYNs who have violated their patients, these cases require a highly sensitive approach to public outreach. 

Marketing campaigns that fail to recognize the trauma of survivors can do more harm than good, alienating those who might otherwise seek justice.

In the case of Uber, for example, survivors of sexual assault by drivers face a different form of institutional negligence, where marketing often glosses over the personal trauma endured, focusing instead on compensation without addressing the emotional journey that comes with litigation. 

As such, it’s critical for legal marketing agencies to adopt trauma-informed practices to engage survivors with care and respect.

Insensitive Imagery and Messaging

One of the most glaring issues in marketing for institutional sexual assault litigations is the use of poorly chosen, insensitive imagery. 

Many ads rely on low-quality stock images that depict survivors as either severely injured victims or placed in distressing situations that can easily retrigger trauma. 

These images often perpetuate a narrative of helplessness and victimization, or even downplay the abuse in order to get more basic messages about “compensation” across. 

This approach not only fails to engage survivors respectfully but also underscores a lack of understanding of the complexity of trauma.

The messaging within these campaigns often exacerbates the issue, with overly simplistic or tone-deaf approaches focusing on topics like compensation or trauma in a way that feels exploitative. 

The emphasis on shock value in many digital ads can generate high levels of engagement, but this is based on emotional triggers rather than thoughtful outreach. 

Using shock as a primary metric for success is entirely counterproductive in these serious cases—it fails to honor the gravity of survivors’ experiences, instead reducing their pain to an attention-grabbing tactic.

It’s critical for law firms to work closely with marketers to ensure that both imagery and messaging are trauma-informed and respectful. 

Law firms should be fully aware of the content being used to represent their brand, making sure that the images survivors see before interacting with their legal services are not retraumatizing. 

Collaboration ensures that survivors feel empowered to seek help without feeling exploited or disrespected. 

Marketing campaigns that rely on insensitive visuals and messaging do a disservice not only to survivors but also to the law firms involved, creating a harmful disconnect between survivors and the legal support they need.

 

Setting False Expectations

Another widespread issue in the marketing of institutional sexual assault litigations is the setting of false expectations, both in digital advertising and SEO-driven content. 

Many marketing agencies use tactics that exaggerate compensation claims or simplify the litigation process in ways that give survivors unrealistic hopes. 

Digital ads may prominently feature large compensation figures or imply that the path to justice is quick and easy, which is far from the truth. 

This approach can leave survivors feeling disillusioned when the legal process takes longer or compensation doesn’t match what they were led to believe.

SEO marketing, too, can be misleading, with blogs and landing pages optimized to rank highly in search engines but filled with misleading information. 

These pages often present an overly optimistic view of what a survivor might expect from the legal process, creating confusion and disappointment when real-world outcomes don’t align with the promises made online. 

Survivors who are already facing immense emotional and psychological challenges are further burdened when they realize that the legal process is more complex than they were led to believe.

The right way to approach marketing for sexual assault litigation is grounded in honesty, transparency, and sensitivity. 

Rather than focusing solely on compensation, ads and SEO content should properly inform survivors of their legal rights and explain the litigation process in realistic terms. 

This includes acknowledging the emotional difficulties involved and providing a clear, balanced view of what survivors can expect. 

Additionally, messaging should emphasize the comprehensive support a law firm can provide, helping survivors feel empowered and supported throughout the process.

Marketing that centers on survivor advocacy, respect, and clarity allows potential clients to approach their legal options with informed confidence rather than setting them up for future disappointment. 

Trauma-informed marketing not only respects the survivors’ experiences but also builds long-term trust with the law firms involved, ensuring that survivors feel understood and supported from the very first interaction.

 

Lack of Trauma-Informed Approach

One of the most significant oversights in marketing for institutional sexual assault litigations is the failure to adopt a trauma-informed approach. 

Many marketing agencies treat these campaigns no differently than they would for other personal injury cases, neglecting the emotional complexities that survivors face. 

Ads and outreach efforts that are overly aggressive or impersonal can make survivors feel like mere numbers rather than individuals with deeply personal experiences. 

This lack of sensitivity not only undermines the survivor’s trust but also discourages them from seeking the legal help they deserve.

Trauma-informed marketing requires a deep understanding of the emotional, psychological, and social challenges that survivors of sexual assault face. 

It goes beyond just avoiding triggering language or imagery; it requires empathy in messaging, thoughtful pacing in follow-up communication, and an emphasis on survivor agency. 

Unfortunately, many agencies fail to integrate these principles, instead relying on cold, transactional language that does not resonate with survivors or reflect their unique needs.

Marketing in these cases should prioritize creating a safe, non-judgmental space for survivors to engage with legal services. 

This means communicating in a way that acknowledges their trauma while focusing on empowerment and support rather than making them feel exploited. 

An effective trauma-informed approach helps survivors feel understood and reassured that the law firm is there to advocate for them without causing further emotional harm.

Law firms working with trauma-informed marketers can develop campaigns that reflect compassion, respect, and ethical responsibility. 

Marketing campaigns don’t just serve to attract leads—they create a foundation of trust and safety for survivors, allowing them to take the first steps toward justice on their terms.

 

A Lack of Transparency from Marketers to Lawyers

Many marketing agencies, particularly lead generation companies, often operate without full transparency, leaving law firms unaware of how their potential clients are acquired.

These agencies typically run ads that may not mention the name of the law firm but instead create broad campaigns designed to generate leads. 

The disconnect occurs when claimants, who respond to these often insensitive or misleading ads, are eventually sent to a law firm that had no input or visibility into the advertising process. 

This can create a communication gap and a mismatch in expectations between what the lead generation ad promised and the services the law firm offers.

When a survivor moves from these ads to a law firm that genuinely prioritizes care and respect, the expectations set by the ads may not align with how the law firm operates or how the litigation process unfolds. 

They may feel misled by the promises in the ads, only to discover that the law firm, which provides trauma-informed and ethical services, is left managing the consequences of misleading advertising.

This lack of transparency damages the relationship between clients and law firms. 

The firm may have built a reputation for empathy and professionalism, but the ads that led clients to them might tell a different story—one that the firm was never informed of and didn’t approve.

Examples of Ethical Failures in Marketing for Sexual Assault Litigations

  • Shock value ad
  • Misinformation
  • Focus on compensation instead of litigation

 

Why Trauma-Informed Marketing Matters

Trauma-informed marketing is not just a best practice for institutional sexual assault litigations—it’s an ethical imperative. 

Survivors of sexual assault often face significant emotional and psychological barriers when seeking justice, and marketing efforts that are not sensitive to these challenges can do more harm than good. 

By adopting a trauma-informed approach, law firms demonstrate that they understand the survivor’s journey, fostering an environment of trust, safety, and empowerment from the very first point of contact.

Marketing that prioritizes trauma-informed principles acknowledges the emotional toll that legal proceedings may take on survivors. 

Instead of focusing on sensationalized claims or aggressive lead-generation tactics, it places the survivor’s well-being at the forefront. 

This helps to create a sense of security, enabling survivors to engage with legal services without feeling exploited or re-traumatized. 

Properly executed, trauma-informed marketing ensures that survivors are treated as individuals with unique needs, not just potential clients.

Additionally, trauma-informed marketing enhances the integrity of the law firm itself. 

By showing a commitment to empathy, transparency, and ethical responsibility, firms can build long-lasting relationships with survivors who are more likely to feel supported and validated. 

This not only increases the likelihood of survivors pursuing legal action but also strengthens the firm’s reputation as an advocate for justice, not just compensation.

Trauma-informed marketing matters because it aligns with the values of respect and dignity that survivors deserve. 

This approach to marketing empowers survivors to take action on their own terms, in their own time, and with the assurance that their legal team is there to support, not exploit, their journey toward justice.

 

 

TruLaw Marketing’s Approach: Sensitivity and Care

At TruLaw Marketing, we understand the nuance and responsibility required in handling institutional sexual assault litigations. 

Our approach is founded on sensitivity, care, and a deep respect for the experiences of survivors. 

As an agency created by lawyers for lawyers, we not only understand the legal landscape but also the emotional and psychological weight these cases carry. 

We ensure that all marketing materials reflect the dignity and respect survivors deserve, avoiding the common pitfalls of shock-based or insensitive campaigns.

Our trauma-informed strategy emphasizes transparency, empathy, and empowerment. 

Every piece of content, from digital ads to SEO-driven blogs, is carefully crafted to avoid re-triggering trauma and to foster a sense of safety and trust.

We work closely with law firms to ensure that the imagery, messaging, and outreach are aligned with both the firm’s ethical standards and the needs of survivors. 

By prioritizing survivor well-being in every campaign, we help law firms build long-term trust with their clients, setting the foundation for respectful and effective engagement. 

This approach not only leads to more meaningful interactions but also ensures that survivors feel supported and empowered to take action, knowing that their legal team understands and cares about their journey.

 

Frequently Asked Questions

  • 1. What is trauma-informed marketing in institutional sexual assault cases?

    Trauma-informed marketing acknowledges the emotional challenges survivors face by using sensitive messaging and respectful imagery, helping avoid re-traumatization and encouraging survivors to seek legal assistance.

     

  • 2. How does insensitive marketing harm survivors of institutional sexual assault?

    Insensitive marketing can re-trigger trauma by using graphic images or exploitative language, deterring survivors from seeking help and undermining their trust in legal professionals.

     

  • 3. Why should law firms use trauma-informed marketing strategies?

    Law firms should use trauma-informed marketing to engage survivors respectfully, build trust through empathy and accurate information, and ensure outreach efforts support rather than exploit survivors’ experiences.

     

  • 4. How can law firms ensure their marketing is ethical and supportive to survivors?

    Law firms can collaborate with ethical marketing agencies specializing in trauma-informed strategies, focusing on sensitive content, transparent communication, and prioritizing the well-being of survivors in all marketing efforts.

     

Jordan Terry

As the Director of Marketing and Client Success, Jordan oversees many operations of TruLaw Marketing.

Before joining TruLaw Marketing, Jordan was the Director of Marketing at a mass tort law firm.

While there, his data-driven strategy established the firm as an industry leader in digital marketing — leading to a more than 400% increase in client acquisition.

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