Girls like us
At times I cried in silence, my heart broken over and over again and the flooding of my recollections were at times difficult to withstand. Like hair triggers waiting for a moment of tension release, the guard is down and the nightmares waiting in the darkness of our minds, transcends the constant willpower we try to maintain each day, to control those intruding thoughts, the memories.... no nightmares, there are no memories so vile and traumatising. With this still, I owed it to each girl in these pages to read the accounts of their experiences, to remember what lives in our community, what girls, women, girls just like us, face everyday.
What a truly mind blowing account of the violation of several girls by 6 brothers who had come to Australia from Pakistan with total disregard for our laws. At times so incredibly remote from reality, the only way to describe their behaviour was moronic throughout the entire trial process. The call of clarity from the maouri brother of one of the victims at the end of one trial, summed up what I had been thinking all along. Athough idiot, even a f*&$%*@# idiot at that, was still too shallow a description. My thoughts teetered between trying to process how a woman could actually have given birth to such scum, vile excuses for human beings and my utter disgust which continued to build for the legal system in this country.
Law, upholding the law, the rights of the innocent to be proven guilty beyond all reasonable doubt, this is the law. Where are the rights of victims defined? Act after Act outlines clearly how far Defence counsels may humilitate, intimidate and harrass even bully victims giving evidence in sexual assault trials, however these procedures, or tactics have become normality in sexual assault trials, regardless of age, regardless of the trauma and re-traumatisation of victims, regardless of the LAW and the judges, the system and our AG Department seems delayed in their resolve.
It is strange really looking back now on my own trial, that prior to stepping in through those double doors, I truly believed, once again vulnerably and stupidly in justice, the law, human dignity and humanity. For victims of sexual assault, the court process is more traumatic than the actual sexual assault attack. Imagine that, a legal system, a system designed to protect our societies, each day is causing more harm to those same vulnerable persons, same victims than the actual perpetrators themselves.
In Australia, in NSW particularly we have the Crimes Act. There is no Act which defines sexual assault on the fact that it is one of the most underreported crimes in the country, has the lowest conviction rate and one of the highest incident rate and how does our patriarchial system of justice respond, we tuck it away amongst the Crimes Act. Evidence - an ordinary human being would consider what as evidence? I thought it was the facts, the indisputable physical facts, police statements/reports, DNA. See once again I was blinded by my beliefs in truth, justice and fairness. The reality is so far from this belief.
Most people, who have never had to face a court before believe in the truth. Little do they know from moment we step into the police station and report these crimes, and we are told they are crimes, horrific crimes, it is never about the truth. It is about the clothese we wear, our intimacy with previous partners, our occupations, whether we should be out late or not, whether we should be drinking, even down to the injuries we sustained, whether we "like it rough". No matter what truth we provide, this is as Sheehan describes a 'pantomine' drama carried out under the guise of law and justice.
The jury never get to hear that the victim does not see the evidence of the accused, his/their testimony, or list of witnesses, whereas the prosecution must hand over everything. We go in their with truth covering our boxing gloves, the accused is permitted razor blade knuckle busters and there isn't a damn thing we can do about it.
You can't wait to celebrate your promotion with a night out with a few girls...what the jury here is you are an alcoholic, a repeated drinker and likes to party and flirt. You choose that favourite dress your husband brought, the long black one, you wear those long black boots underneath, you can't really see them anyway, but its cold so you think they are more suitable. What the jury hears is these are known as "f*#@* me boots" of course everyone knows that and anyone who wears them is asking for it. You've been working away from your husband for the past few months, it has devestated the kids being seperated, you speak every night at 7pm, you say "I love you...I miss you" a million times and your heart aches, but you remind yourself this is nearly over, you have the promotion and all those years without work, taking this far away posting is going to change your lives.......What the jury hears is that you have left your husband, you like to play up when you are away, you and your husband has problems, he is violent, you are scared of him....
Do you need me to go on...The facts are, the law says, they can make up whatever stories they like and they don't need one bit of evidence to back it up....all they need to do is raise doubt....doubt....just one little bit of doubt in the jury members minds and its over. All those supporting facts, the truth to even counter their lies, you don't get to do that as a victim, the only evidence or facts you get to share are the events of the attack, no-one gets to hear about who you are, what kind of mother, friend, wife, daughter you are, no-one gets to hear from character witnesses supporting your credibility, only offenders need character witnesses.
Its a pantomine, a drama, a joke NSW justice and the laws for victims of sexual assault. The irony is our symbol of justice is a lady, I wonder what that balance truly represents?
We need to provide victims with an Act which defines the horrendous nature of sexual assault. Clearly defines the rights of victims to be treated with dignity and respect, we need stronger reigns for Defence counsels who continue to abuse their rights as representatives of a justice system, we need to put back the humanity into the treatment of sexual assault victims. Evidence needs to be defined clearly. What fairness can come from ad-hoc descriptions by Defence Counsel, when there is no proof whatsoever behind their claims.
This is not good enough, we must demand more, we must stand up, speak out and challenge this patriarchial and primitive system of justice we call law in our country.
http://www.smh.com.au/news/paul-sheehan/rough-slow-justice-for-rape-victims/2006/04/09/1144521208559.html
http://www.theaustralian.news.com.au/story/0,20867,19910629-32522,00.html
Labels: sexual assault violence
