How the criminal justice system responds to sexual assault survivors Flashcards
(20 cards)
What is ‘responsibilization’ in the context of sexual assault survivors?
A neo-liberal strategy where survivors are expected to manage their own risk and recovery, shifting responsibility from the state to the individual.
How does ‘blaming the victim’ differ from ‘responsibilization’?
‘Blaming the victim’ directly faults survivors for their victimization, while ‘responsibilization’ subtly shifts the burden of prevention and coping onto them.
What is the main argument of Comack and Peter’s article?
The criminal justice system uses neo-liberal and neo-conservative rationalities that disempower sexual assault survivors by responsibilizing or blaming them.
How does the legal system define the role of a sexual assault complainant?
As a witness for the Crown, with no special interest in the outcome of the trial.
What is the ‘ideal victim’ in the legal context?
Someone who is rational, responsible, cooperative, and conforms to legal and societal expectations.
Why was Brenda considered a ‘difficult victim’ by the legal system?
Due to her suicide attempts, psychiatric hospitalization, and recantation of statements, which undermined her credibility.
What tactic do defence lawyers use to discredit sexual assault complainants?
‘Whacking the complainant’ — attacking their credibility to undermine the case.
What is one key limitation of the legal system in dealing with sexual assault?
It often excludes or discredits the survivor’s lived experiences and emotional truth.
How did Brenda’s story begin, according to the article?
With her own narrative of surviving abuse in a seemingly privileged middle-class home.
What was the Crown’s response when Brenda refused to testify?
They decided to proceed with the charges anyway, believing they had enough evidence.
What were some of the charges laid against Brenda’s father?
Aggravated sexual assault, forcible confinement, and at one point, attempted murder.
What was Brenda’s experience in the psychiatric ward?
She felt re-victimized, watched by male guards, and treated as an object rather than a survivor.
What did the Crown offer Brenda to ensure her safety?
A new identity and social insurance number so she could relocate.
Why were the charges against Brenda’s father eventually stayed?
The Crown claimed there was no reasonable likelihood of conviction due to lack of corroboration and Brenda’s instability.
What does the article suggest about neo-liberal governance?
It promotes self-governance and shifts responsibility from the state to the individual.
What does ‘law’s truth’ exclude, according to Carol Smart?
Everyday experiences and emotional realities that don’t fit legal definitions or templates.
What does the article criticize about psychiatric interventions?
They disempower survivors and often mirror the control and trauma of past abuse.
How is survivor disclosure framed in the legal system?
As a confessional mode controlled by experts who validate or reject the survivor’s account.
How does neo-conservatism influence sexual assault cases?
By emphasizing punishment and ‘law and order’ responses, regardless of the survivor’s readiness or wellbeing.
What was the emotional impact of the legal and psychiatric system on Brenda?
She felt punished, objectified, and blamed—experiences that paralleled her abuse.
