Lady+Justice

Annie Kearsley-Pratt N8838313 Tutor: Jey Rodgers

Content warning: Sexual Assault

Public Health Issue
Sexual assault and sexual attack in Australia appears to be on the rise but is this due to an increase of incidences or more to do with an increased rate of reporting these crimes to police? Sexual assault cases have one of the lowest conviction rates in the court system (Taylor, 2007). The preconceived stereotypical beliefs of jurors find their way into the jury box and have a negative impact on the conviction of perpetrators. What makes society continue to perpetuate beliefs sexual violence is inevitable and a normalised part of our culture? What prevents a woman from reporting an attack and seeking justice? Even in the 21st Century, sexual assault is still a regular occurrence, across all cohorts, and, education does not seem to decrease incidences of attack.

Historically, women have fear ed coming forward with allegations of sexual assault and sexual attack against them. A report by The Australian Institute of Criminology (2007) shows the personal beliefs of jurors, particularly male jurors is brought into the court with them. This is in line with Durkheim’s thinking, who believed the characteristics of the whole are a product of the characteristics of the parts (Durkheim, circa 1895). Jurors are members of the public and generally, the public still believe women invite sexual assault on to themselves by either their behaviour, code of dress or demeanour. When these preconceived ideas are brought into the court, they affect the outcome of any case where there is minimal or no physical evidence but just the word of the complainant against that of her assailant.  The Australian Bureau of Statistics said in 2008, of the estimated 60 000 incidences of sexual assault in Australia last year, only 18 000 cases are reported to police and just  1 800 of these end in a criminal conviction of the perpetrator. Approximately 70% of all incidences of sexual assault are never reported to an authority (ABS, 2008), which means 70% of sexual assault victims can never receive justice for the grievance committed against them.  78% of perpetrators are known to the female victim of sexual assault, with 1/3 being direct family members. This being the case, a female is going to struggle reporting a crime to authorities due to fear of repercussion or that they wouldn't be believed or to misguided feelings of protecting the attacker (ABS, 2008). Female sex workers report 95% have experienced sexual assault by a current or ex partner. This is believed to due to the partner or ex partner assuming consent solely due to the industry in which the woman works. She is a sex worker so no need to ask (White Ribbon Australia, 2011). This belief by males is across all cohorts. A male will often think he has a right to sexual access of his partner without consent (Australian Institute of Family Studies, 2011). Victims suffer shame from this form of violence at the hands of their intimate partners and their partner will often use this as a means of controlling the victim so he may continue the abuse without retribution. Shame in relation to sexual crimes is not a natural emotion but is a result of social constructions of appropriate gender behaviour. Sexual violence in a marriage wasn't even recognised in the Australian judicial system before the 1980's so these social beliefs are still prevalent today (Wall, 2012).  

So what defines sexual assault?   In Australia, and internationally, there is no agreed upon definition of Sexual Assault. In Australia the definition varies between surveys and from jurisdiction to jurisdiction. There are two main definitions often used here in Australia; one is experienced-based and refers to the personal experiences of a victim and the other is Offence-based and refers to an unwanted act of a sexual nature directed by one person to another. Both definitions are based around consent and according to the Australian Centre for the Study of Sexual Assault, consent requires free agreement given without fear, threats or whilst under the influence of drugs or alcohol (Tarczon, Quadara, 2012). The results of any survey, from any data collection agency, are going to have a predicted error margin of 25-50%. This is largely due to an inability to gather information from those members of the community most at risk of sexual assault. Cohorts which are often not included in surveys include, homeless people, indigenous Australians, those who are incarcerated or seeking refuge in shelters, people with a mental disability, older Australians living in aged-care facilities or hospices, refugees, minors, sex industry workers and those who identify as LGBTIQ (Tarczon, Quadara, 2012). Other members of the community who may not be able to voice their own experiences are those still living with an abusive partner or who live in fear of an ex partner, those with mental health issues or people whose perpetrator may be a person of authority such as a doctor, teacher, parent or religious leader. 

media type="custom" key="24179340"Why, in 2013, is sexual assault still so prevalent? <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;">Masculinity is one of the most powerful contexts within which sexual assault occurs. A gender-aware perspective needs an understanding of the social pressures on men to behave in culturally defined "masculine" ways so we need to educate an awareness that they have choices about their behaviours, and the consequences of their choices. Who defines these culturally-accepted behaviours? Culture is passed down through families and communities and as the world shrinks and social media plays an ever-increasing role in our lives, where we live a virtual life parallel to o ur reality, our <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> family and community can be found globally and not just in the next room. We can access information, from around the world, in just seconds. <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> We are bombarded by scantily clad women around the man, be it in a movie or a song's video clip. Violence dominates our screens. Media advertising depicts nearly naked and naughty women. Does this desensitise us to sexuality and the abuse of it or does it give acceptance to a new kind of "normal"? In a rape culture, people are surrounded by images, laws and a language which validate and perpetuate rape. Renowned psychologist, Nicholas Groth, studied this rape problem from the perpetrator's point of view and theorised, from his study, the main reasons a man chooses to rape a woman is to gain social status among his peers, to define his identity as a man, to vent anger and to gain power. <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> Sexism and sexual violence against women is believed to be ingrained and to be naturalised in our current society (RAINN, 2009). Many people believe this has always been, and to act or dress in a certain way suggests rape is almost a given. Daughters are taught how to not get raped rather than sons being taught to not rape.

<span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> Along with media imagery, our very lawmakers perpetuate a rape culture here in Australia. The criminal justice system's conceptualised definition of consent is confusing and often still victim-focused so the victim must prove either a lack of obvious consent or that consent was given under coercion, force or intimidation. The onus is still on the victim to prove her desire to not be sexually assaulted. <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;">  <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> Recent legislative changes are attempting to move away from previous "passive" models of consent. These passive models sug gested that unless a woman physically resisted a sexual advance, resulting in physical injuries, it could be assumed she was consenting (Australian Centre for the Study of Sexual Assault, 2011). These laws, along with the beliefs of jurors, and the defence counsel's ability to try to reduce the credibility of the victim by drawing on her past sexual history to suggest promiscuity, further perpetuate a community's common misconceptions of rape and sexual assault. To prevent the defence counsel from constructing a case to directly discredit the victim's version of events, the legislative changes prevent the introduction of the victim's previous sexual behaviour and history, her clothing at or around the time of her attack and whether or not she was intoxicated at the time of the attack. These new measures may help a victim when she is in court but 70% of sexual assault victims don't report the crimes against them and aren't helped by legislation in the criminal court system (Homicide Victims' Support Group, 2010). <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> Public health experts need to focus on eradicating a rape culture. A cloud of myth surrounds sexual assault so people can distance themselves from uncomfortable truths. More than 3/4 of incidences of sexual assault are committed by somebody already known to the victim (Tarczon, Quadara, 2012). The myth that most rapists are strangers allows a person to protect themselves from the ugly truth (FORCE, 2013). Sexual predators are in the community and possibly living next door. If sexual perversity was unable to be controlled and viewed as a mental illness, then surely, sexual attacks would predominately be committed by strangers. A rape culture remains as long as stereotypical beliefs remain. A rape culture remains as long as we continue to teach girls how not to act, how not to dress, and how sexual assault must be her fault if it happens. This enforces the belief a victim is to be blamed for a sexual assault. If she is taught protective measures such as not walking alone at night, how much she drinks, not dressing too provocatively and is still a victim of sexual assault, then she may tell herself she could have done more to prevent the crime against her. She may begin to blame herself for the attack and might feel ashamed and confused. Changing laws is a start but changing common misconceptions surrounding sexual assault is the answer. By educating on consent, many people, victims and offenders can benefit. <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;">

<span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;">Lady Justice represents not only a just and balanced court system but a set of values, we as a society, should live by; to live a life without the harsh gaze of judgement from individuals and communities. To provide a balance of equity among people so all can access support to live a long, healthful and happy life, as we all deserve and should be our birthright, here in Australia. We all hope to be viewed with compassion and reason so we are understood as individuals, without our race, age, gender and gender expression, religion, socioeconomic status, occupation and level of education used against us. Lady Justice and her symbols represents all this to me. She stands tall and proud and, to me, she offers hope; hope we can become a nation free of prejudice, where we don't attempt to convert something we don't understand, into something for which we give approval. Lady Justice, by providing a balanced, unbiased view through reason and compassion, supports a belief we can provide equity and equality. If we can begin to shift the onus of blame from a victim of sexual assault, by not supporting ideas she somehow "asked for it" by her behaviour, or dress then we begin to view this issue with reason and compassion. If we ignore the victim's previous sexual history and focus only on the incidence of a sexual assault and listen and believe her when she announces she did not give consent, then we begin to view this issue without that harsh gaze of judgement. If we listen to all the evidence, without preconceived ideas of the profile of a rapist and if we can be taught "no means no" then we begin to view this issue with a balanced perspective. I have learnt common opinion in our society affects justice as it cannot be removed from our courts. Juror's own beliefs and understanding leach into the court system and will remain until society shifts from victim blaming to prevention. <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;"> <span style="display: block; font-family: Tahoma,Geneva,sans-serif; text-align: justify;">

**<span style="color: #800000; font-family: Tahoma,Geneva,sans-serif; vertical-align: sub;">Reflection ** []

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