Quote:
Originally Posted by CliffFletcher
Is it stacked any more against sexual assault victims than the victims of other crimes? Because one of the myths being peddled in the coverage of this story is that these women were challenged on their credibility and honesty because they're testifying in a sexual assault case (and by extension, because they're women and the system is patriarchal). But they would be challenged on their credibility and honesty in a trial for any crime. As would any man. That's the way our justice system works - witnesses are challenged. And yet I'm not sure I've seen a single article or column mention that. I suspect the average Canadian thinks alleged victims in sexual assault cases are treated differently by the law than alleged victims of other crimes. That's a failure of our media to do their jobs.
There's something dismaying about the way the media reaction to a trial that collapsed due to the omission of facts has itself demonstrated an egregious omission of facts. Just shows that the cultural right doesn't have a monopoly on 'truthiness.'
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You really think there is no sexism present in the legal process?
I understand the point you are trying to make, but sexism exists everywhere, and the system is very much stacked against women. By system I include the whole set of procedures leading up to the trial.
1. There are fewer female cops than male cops. This can make it more uncomfortable for women to come forward.
2. Sensitivity training of cops. They are not psychiatrists or medical professionals and can't fully comprehend what these women are going through.
3. Societal views on women's sexuality. Victim blaming is a real thing. There is a notion in parts of our society that women who dress or behave a certain way are partly to blame for unwanted sexual attention. These ideas definitely float through the mind of the perpetrator. But they also go through minds of the victims, as well as the cops, judges, lawyers, and jury, and it will all have a negative affect on the victims.
4. Emphasis on testimony. One reason sexual assault cases are special is because it so often is he said she said. Sexual activities occur behind closed doors, and leave behind little evidence. Consent is very much a grey area. This means the testimony is sometimes all a victim has to make a case. And indeed it can very easily be attack by a savvy cross-examination. Also remember that most witnesses are still extremely traumatized witness by the events. With other crimes, there is more solid evidence to rely on. The trauma of having someone sexually assault you is also much greater than a normal assault or having someone rob you.
5. Lack of understanding of sexual trauma. This has definitely gotten better in recent times. But in the past, it was not understood that victims of sexual assault could still seek out their abuser, or exhibit other 'irrational' behaviour. It's probably still not understood by many in our society, and contributes to victim blaming / shaming.