Post by rachelhol112 on Dec 9, 2012 22:30:54 GMT -5
One Legal System Under Sexism
“I ask no favors for my sex.... All I ask of our brethren is that they will take their feet from off our necks.” ~Sarah Moore Grimké, a central leader of the 19th-century Second-Wave Feminist movement
In today’s world, the American legal system is idealized as one which treats all people equally under the law and demands proper justice. We like to believe that when an innocent victim brings his or her case to court, those in power listen without blaming the victim for the crime. Unfortunately, some of our system’s decision-makers have institutionalized discrimination by blaming victims of rape and sexual assault for their own trauma. In a recent case, a conservative female judge in Flagstaff, Arizona, exonerated a man accused of groping a woman in a bar without her permission and then told the victim that the blame for the sexual assault lay with her. Judge Jacqueline Hatch’s actions illustrate an effort among many social conservatives to preserve the tyranny of consensus known as “rape culture”, which blames victims of sexual assault for acting in ways that made them “deserve” the attack.
Judge Hatch strengthened the tyranny of rape culture by denying the victim’s right to justice and the truth. She claimed the victim was responsible, saying that “if you wouldn’t have been there [at the bar] that night, none of this would have happened to you.” Like John Proctor in The Crucible, who tried to free his wife from false accusations of witchcraft, the victim brought her case to the authorities, hoping that the legal system would protect her. Instead of agreeing that the man was at fault, however, Judge Hatch chose to perpetuate rape culture and “slut-shame” the victim, or in other words say that the “promiscuous” behavior of going to a bar and having a few drinks made her open to the attack. Like Danforth and Hathorne, who hanged nineteen blameless people to protect the tyranny of witchcraft hysteria, Hatch preserved rape culture by using her power to deny justice to – and humiliate – the victim.
Fortunately, not all Americans condone the tyranny of rape culture. When the media broke the news about the outcome of the case, many people on social and news networks reacted negatively, outraged that Judge Hatch had the nerve to tell the victim that “when you blame others, you give up your power to change,” as if she deserved to be groped. After the pressure from the public became too great, Judge Hatch released an apology. Releasing the letter, however, did not do anything to improve the victim’s situation; the perpetrator still got away with his crime and she was still humiliated by a government-appointed official. It is disappointing that Judge Hatch, who is responsible for seeking truth and treating people equally under the law, used her power to blame a victim for the actions of another person. If judges can tell women that they should not go out to a bar if they do not want to get assaulted or raped, what is to stop them from becoming increasingly radically conservative to the point where women are told not to leave their homes? Hatch’s comments have reminded Americans that discrimination against women in our legal system is still prevalent. If we as a nation continue to allow injustices like this one to happen, then the tyranny of rape culture will continue to be institutionalized, and we cannot truthfully say that we stand for justice for all.
Works Cited
Betz, Eric. "No Jail for Flagstaff Cop in Bar Groping." AZ Daily Sun [Flagstaff] 6 Sept. 2012: n. pag. Print.
"Rape Culture." Force: Upsetting the Rape Culture. Upsetting Rape Culture, n.d. Web. 7 Dec. 2012. <http://upsettingrapeculture.com/rapeculture.html>.
Roberts, Laurie. "Unbelievable: Judge Lectures Abuse Victim." The Arizona Republic. AZ Central, 8 Sept. 2012. Web. 7 Dec. 2012.
“I ask no favors for my sex.... All I ask of our brethren is that they will take their feet from off our necks.” ~Sarah Moore Grimké, a central leader of the 19th-century Second-Wave Feminist movement
In today’s world, the American legal system is idealized as one which treats all people equally under the law and demands proper justice. We like to believe that when an innocent victim brings his or her case to court, those in power listen without blaming the victim for the crime. Unfortunately, some of our system’s decision-makers have institutionalized discrimination by blaming victims of rape and sexual assault for their own trauma. In a recent case, a conservative female judge in Flagstaff, Arizona, exonerated a man accused of groping a woman in a bar without her permission and then told the victim that the blame for the sexual assault lay with her. Judge Jacqueline Hatch’s actions illustrate an effort among many social conservatives to preserve the tyranny of consensus known as “rape culture”, which blames victims of sexual assault for acting in ways that made them “deserve” the attack.
Judge Hatch strengthened the tyranny of rape culture by denying the victim’s right to justice and the truth. She claimed the victim was responsible, saying that “if you wouldn’t have been there [at the bar] that night, none of this would have happened to you.” Like John Proctor in The Crucible, who tried to free his wife from false accusations of witchcraft, the victim brought her case to the authorities, hoping that the legal system would protect her. Instead of agreeing that the man was at fault, however, Judge Hatch chose to perpetuate rape culture and “slut-shame” the victim, or in other words say that the “promiscuous” behavior of going to a bar and having a few drinks made her open to the attack. Like Danforth and Hathorne, who hanged nineteen blameless people to protect the tyranny of witchcraft hysteria, Hatch preserved rape culture by using her power to deny justice to – and humiliate – the victim.
Fortunately, not all Americans condone the tyranny of rape culture. When the media broke the news about the outcome of the case, many people on social and news networks reacted negatively, outraged that Judge Hatch had the nerve to tell the victim that “when you blame others, you give up your power to change,” as if she deserved to be groped. After the pressure from the public became too great, Judge Hatch released an apology. Releasing the letter, however, did not do anything to improve the victim’s situation; the perpetrator still got away with his crime and she was still humiliated by a government-appointed official. It is disappointing that Judge Hatch, who is responsible for seeking truth and treating people equally under the law, used her power to blame a victim for the actions of another person. If judges can tell women that they should not go out to a bar if they do not want to get assaulted or raped, what is to stop them from becoming increasingly radically conservative to the point where women are told not to leave their homes? Hatch’s comments have reminded Americans that discrimination against women in our legal system is still prevalent. If we as a nation continue to allow injustices like this one to happen, then the tyranny of rape culture will continue to be institutionalized, and we cannot truthfully say that we stand for justice for all.
Works Cited
Betz, Eric. "No Jail for Flagstaff Cop in Bar Groping." AZ Daily Sun [Flagstaff] 6 Sept. 2012: n. pag. Print.
"Rape Culture." Force: Upsetting the Rape Culture. Upsetting Rape Culture, n.d. Web. 7 Dec. 2012. <http://upsettingrapeculture.com/rapeculture.html>.
Roberts, Laurie. "Unbelievable: Judge Lectures Abuse Victim." The Arizona Republic. AZ Central, 8 Sept. 2012. Web. 7 Dec. 2012.