Can Victims of Sexual Trauma Get Justice in the Criminal Justice System? Can the Suspect?
Hi Sheri,
As I read each paragraph in your article, I was saying to myself, yeah, but, and then I'd scroll down and see that you had addressed the issues that were forefront of my mind. Biases and experiences, I find particularly pertinent when it comes to discussing offences of a sexual nature, or offences against women and children, of either gender. Whether evidence is presented before a jury a judge or both, we need as you suggest, to consider that each individual brings their personal experiences into the equation. Just because a juror does not have a criminal record does not necessarily mean that they are ideally placed to reach conclusions as to guilt or innocence. Their perception of events, regardless of the evidence, may be coloured by their own experience and attitudes about gender roles and sexual behaviour.
I noted Brenda's comments and remember attending a Magistrates workshop which was hosted by Greater Manchester Police (Cyber crime unit) they were presenting examples of the types of cases they were pursuing and bringing before the courts, which included indecent images of children on the internet, and discussing how they were gathering evidence, and tracking pedophiles. They talked about how they'd brought successful cases against those who were viewing these images (even though they'd not taken or posted the images on the internet, themselves) And more than one magistrate asked why the voyeurs were being prosecuted, after all, they didn' t take the photographs. Some seemed unable to comprehend how viewing these images, not only perpetuated the offences, but "normalised" this behaviour. Sorry my post is so long, your article is really interesting. I could go on forever! :)
HollieT, Oct 22, 2012