The media tends to find victim responses to abuse strange.
However there’s an easy explanation to why victims try to re-establish good
relationships with their abusers. Victims, like everyone else, want stability
in their lives. Since prior to the abuse there were positives in the relationship,
when an abusive event occurs the victim seeks to re-stabilize the relationship,
trying to bring it back to “when it was good.” This is why some will state that
they didn’t report because they slept with their rapist boyfriend the day after
the rape or any number of other responses that might suggest they consented
when they didn’t.
However you don’t see this type of behaviour with stranger
assaults. So this raises the question of perceived consent. If a victim
continues to be affectionate does this cause the abuser to misunderstand the
victim’s response to his abuse? This seems to be one of the defenses that Ghomeshi
is attempting. The argument could be made that since each woman was
affectionate in some way after the assault that he believes they consented to his
attacks. However, if he believed it was consensual that doesn’t explain why he
would keep so many emails and letters from former lovers, but we probably won’t
get to see that line of questioning.
Everyone seems to be focused on the behaviour of the women.
However, the law states that the accused must take reasonable steps to confirm
consent, which means the behaviour of any victim is almost legally irrelevant. What did Ghomeshi do to obtain consent?
He appears to have done a lot to get “consent” in writing and very little in
the moments prior to the assaults. His lawyer is claiming that these women are
so “obsessed” with him that they came up with this years after being involved
with him, but keeping emails seems much more obsessive than forgetting they
existed. His behaviour is weird. He kept emails that he could use to attempt to
humiliate his victims so that he could be sure they’d remain silent, and if
they didn’t remain silent then he’d get payback by bringing up things that he
probably primed them to say. All behaviours commonly used by abusers to control
their victims.
Until prosecutors and police educate themselves on the
behaviours of predators then they’re going to be fighting every case with an
arm tied behind their back. Predators redirect attention away from their
behaviour, while the law focuses on their behaviour. Prosecutors need to
smarten up and remember what they’re supposed to focus on. Only two questions
matter: What steps did the accused take to obtain consent? Could the victim
have anticipated what the accused did or were they blindsided?
We shouldn’t accept blindsiding behaviour by abusers or
their defense attorney’s. Until predatory behaviour is understood then repeat
offenders like Jian Ghomeshi and Bill Cosby will continue to go unprosecuted.
Let’s focus on signs of predatory behaviour and stop blaming victims for not
expecting it.
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