For many victims and survivors of violent sexual assault, Justice Michael Lee's words, "Mr. Lehrmann raped Ms. Higgins," were a validation for Brittany, but also their own experiences.
While alleged offenders are entitled to the presumption of innocence, victims are not. The adversary legal system eviscerates already traumatised victims. They are subjected to lengthy investigations and even lengthier legal processes, often for many years. Publicly, victims are subjected to personal attacks that are often cruel, traumatic, and disproportionate.
Unfortunately, Brittany Higgins is not alone in her experience of denial, cover-up, character assassination, private information openly discussed, victim blaming, and shaming that very publicly and viciously occurred en mass. These tactics are designed to discredit the victim and encourage silence. These tactics are used as a tool for powerful men and those who support and enable them. to reinforce the myth that all victims lie.
Brittany Higgins was further subjected to immense political pressure and incredible power imbalances in seeking her human right to justice. She was used as an example in the media.
The rape culture that exists in society, is often engaged in by powerful men and their supporters. It serves one purpose, to protect and enable perpetrators.
In the adversary legal system, a victim is not a person- they are evidence, to be examined. It can be a cold and clinical dissection. Victims are not afforded legal representation for advice and to protect their rights.
The system hides and allows the abuse and further traumatisation of victims behind the legal defence that an accused person has the right to test the accusation. There is no question this must be permitted, the question is to what lengths should this be acceptable and whether it can be delivered in a trauma-informed way and rights also afforded to the victim. How many different ways can the question be asked in an attempt to deliberately confuse and misconstrue semantics for a 'gotcha' moment, to find technicalities? And not the truth. Or failing that, to minimise the consequences for the accused by minimising the act and the seriousness of that act.
To let an accused walk free by any means. “It is better that ten guilty persons escape than one innocent suffer” William Blackstone 1760. Liberty takes precedence over Autonomy. The accused rights over that of the victim. Is it not time to bring the legal system into the 21st century using evidence-based information and modern knowledge? Instead, it holds fast to outdated systems and values designed by peerage to protect peerage from 260 years ago.
It is no wonder victims don’t come forward.
Much of the scrutiny victims are subjected to is whether or not they are perceived as a “perfect victim”. Victims are expected to act and present in a way that society perceives a victim of sexual assault should, without any knowledge or experience of what trauma can do to the mind, body, and memory of a sexual assault victim. Any inconsistencies are subjected to harmful and cruel speculation and often led by the perpetrator and their supporters, Reinforced by myths and a lack of understanding of trauma and responses to trauma. Every action or inaction by a victim is determined to be evidence of untruths, even in the face of mountains of provided evidence.
The media are quick to partake in this further abuse of a victim. While at the same time, reporting on the defendant with praises and emotive language that paint them as the true victim, disregarding the seriousness of the criminal accusation. Instead, what often happens his past achievements are used to create a false character impression, garner sympathy, and maintain myths.
Justice Lee recognised that trauma can impact a sexual assault victim and their responses. "Any inconsistent or untrue representations in 2019 are not inconsistent with the conduct of a genuine victim of sexual assault struggling to process what happened, seeking to cope, and working through her options."
Justice Lee has drawn a line in the sand. Showing it is indeed possible and necessary for the legal at every level to not only become trauma informed, but include evidence based trauma informed information in decision making, judgements, policy and procedures and as evidence.
If victims are to be used as evidence, then the primal, automatic trauma responses exhibited must be considered.
The human cost in all this discussion is one remarkable woman. One woman who a Federal Court of Australia Judge found that "it was more than likely" that "Mr. Lehremann raped Ms. Higgins".
A woman who was not afforded the presumption of innocence, and whose mental health and reputation was severely damaged.
A woman whose experience was so relatable to thousands of women in this country. We must never lose sight of Brittany, of every victim of sexual assault in the process of so-called justice. We must encourage balance and demand the changes required to do so.
I believe you.
Solidarity
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