Victims, Credibility, and Justice

Originally posted at http://minneapolitanmademoiselle.blogspot.com/

This is kind of a follow up to my last post, (available here) in which I touched on victim/witness credibility. But first I want to share something I found recently: The Rape of Mr. Smith, From “The Legal Bias Against Rape Victims (The Rape of Mr. Smith).” Connie K. Borkenhagen, American Bar Association Journal. April, 1975.

In the following situation, a holdup victim is asked questions by a lawyer.

“Mr. Smith, you were held up at gunpoint on the corner of First and Main?”
“Yes”
“Did you struggle with the robber?”
“No.”
“Why not?”
“He was armed.”
“Then you made a conscious decision to comply with his demands rather than resist?”
“Yes.”
“Did you scream? Cry out?”
“No, I was afraid.”
“I see. Have you ever been held up before?”
“No.”
“Have you ever GIVEN money away?”
“Yes, of course.”
“And you did so willingly?”
“What are you getting at?”
“Well, let’s put it like this, Mr. Smith. You’ve given money away in the past. In fact, you have quite a reputation for philanthropy. How can we be sure that you weren’t CONTRIVING to have your money taken from you by force?”
“Listen, if I wanted –“
“Never mind. What time did this holdup take place, Mr. Smith?”
“About 11:00 P.M..”

“You were out on the street at 11:00 P.M.? Doing what?”
“Just walking.”
“Just walking? You know that it’s dangerous being out on the street that late at night. Weren’t you aware that you could have been held up?”
“I hadn’t thought about it.”
“What were you wearing at the time, Mr. Smith?”
“Let’s see … a suit. Yes, a suit.”
“An EXPENSIVE suit?”
“Well – yes. I’m a successful lawyer, you know.”
“In other words, Mr. Smith, you were walking around the streets late at night in a suit that practically advertise the fact that you might be good target for some easy money, isn’t that so? I mean, if we didn’t know better, Mr. Smith, we might even think that you were ASKING for this to happen, mightn’t we?”

Sounds a bit ridiculous, no? We do the same thing to victims of sexual assault time and time again, and then we dare to wonder why reporting rates are abysmally low. Victim-blaming in cases of sexual assault is pervasive in this culture and it’s simply unacceptable. The way that the criminal justice system handles sexual assault cases is just as terrible – using the victim’s past or present behavior to justify what happened to them or lessen their credibility, not charge a case because they want to prop up their stellar conviction rate, so often believing a perp instead of a victim because our system is set up to value their ‘freedom’ more than a victim’s safety, peace of mind, life goals, educational opportunities, mental and physical health and even life. I get it – we want to protect people’s rights. But what about my (and many other people’s) right to live in a safe, secure community free of the threat of sexual violence?

Something that we’ve seen a lot of lately that’s worth mentioning: when a victim’s past is brought up to try to make them appear less credible. Especially when we can’t do the same with perpetrators. Yea, the victim in the DSK case may have lied in the past but guess what? DSK has a history of treating women like crap, and we can’t mention that in a court room. And again with Jamie Leigh Jones in her civil case. It seems more like the victim is the one on trial – for their past/present behavior, for not acting like a ‘real’ rape victim, for – GASP! – behaving like other human beings by having fun, having (consensual) sex, and maybe, just maybe lying once in a while (cause Lord knows all those defense attorneys and defendants NEVER lie and never pressure/coerce/threaten victims/witnesses).

I understand reasonable doubt and I understand why we have that as a standard in criminal cases. I also understand that some people lie about being sexually assaulted. What I don’t understand is how we can continue to thrive as a society in which so many folks are living with the effects of sexual and domestic violence while often not experiencing justice in any sense of the term; how the media and our culture feed into myths and continue to blame and vilify victims; and how people can dismiss the real experiences of so many survivors.

I work with survivors. I listen to their stories. I offer them comfort and advocacy in their time of need. I tell them all of the things that we as a society SHOULD be telling them – “I believe you”, “This is not your fault” and “I am here to help you and support you, no matter what you choose to do.” And it can be just what they’ve always needed to hear and that makes my job awesome. But, at the end of the day, I’m left with the cold realization that no matter the great work that I do, there are still so many problems that need solutions, both inside and outside the field in which I work.

Onward and upward.

Disclaimer: This post was written by a Feministing Community user and does not necessarily reflect the views of any Feministing columnist, editor, or executive director.

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