Showing posts with label Jian Gomeshi. Show all posts
Showing posts with label Jian Gomeshi. Show all posts

Friday, 25 March 2016

Because It's 2016: Part 2

From my blog on the Cologne attacks. It has some relevance to the societal constructions that allow the blame-shifting to victims to be the predominant construction of western society (I won't discuss other societies - "clean up the mess in our own house first, I say").

Sometimes the legal system is just an excuse to avoid dealing with the larger social presuppositions of our society. It is the legacy of our western history - scapegoating has been the answer for so long (bah, humbug to René Girard), it is time we really tried to get rid of the larger social construction that enable it.

If we don't then we are all enablers of these travesties of justice.

Comments to my Facebook post:

Male Friend 1: Ok, ok...but it's interesting - and significant - that both the defence attorney AND the law professor that CBC had on as commentators for the decision agreed that it would have been nearly impossible to obtain a conviction on the basis of the evidence as presented and cross-examined! So is this the court's fault or the crown's?
LikeReply38 mins
Sheila A. Redmond The Crown Prosecutor's Office did not represent the women in the best way possible. And no I still do not think that it was predominantly the prosecutor's fault - there is a flaw in the system that has a hard time in a patriarchal society to avoid "blame-shifting" to women (or to male victims) in cases of sexual assault. It is the most blatant example of a society that is still stuck in its Christian past (almost 2,000 years to get it right - enough time already) with respect to women, and over issues of sexuality. Western society - whether we like it or not - is still embued with the fundamental constructions of Christianity as the foundation of its legal systems & we know what Christianity has thought about women over the centuries.
LikeReplyJust now
Sheila A. Redmond
Write a reply...
Male Friend 2: All the judge stated was that there is reasonable doubt as to his guilt based on the conduct evidence and inaccuracies of the accusers. When witnesses/victim testimony are the only evidence, and that evidence is deemed to be less than credible, there is no other choice -in law- than to find not guilty.

It is a fundamental principal of justice that you cannot lock a person away without certainty of guilt.

Agree or disagree with the judge on a personal level, but in legal terms he made the only available decision. This is a justice system dispute, not the makeup of the bench.
LikeReply7 minsEdited
Sheila A. Redmond We'll get to that shortly - the great gender divide on this issue is becoming clearer

Because it's 2016

I haven't commented yet on the !@#$% verdict. I just posted (on Facebook) The Beaverton satirical piece, Ghomeshi Judge: "We must fight against the stereotype that women tell the truth"
And they wonder:
Why women don't come forward,
Why I don't ever try and talk victims that I have counselled over the years into going to the police. I don't worry about the police as much - they are actually much better than they used to be.

But the courts, prosecutors and judges - that's another story

One would have to be a frigging martyr to want to have their previous sex lives, their e-mails and their characters brought up on the stand.
Someone commented to me on the Brock University situation (what is it with history professors - & I thought religious studies professors were notorious for this LOL): "Why didn't she just go to the police - it was sexual assault. They also ranted about Brock's handling of the case.The Brock handling was fairly typical - the professor is gone as far as I can tell. The answer to the person who made this comment would be the Ghomeshi trial and verdict - reasonable doubt, my ass. As I said: One would have to be a frigging martyr to go through all of that to have the assailant found "not guilty".
Maybe this high profile case will change things. I don't have high hopes - not until all these old fart (not age-related old) are gone from the benches of our country. They should all have to undergo serious questioning and training before they judge sexual assault cases.
To quote our prime minister: why? BECAUSE IT'S 2016!!!

Thursday, 30 October 2014

So...... Is the CBC actually trying to lose its case?

Or is it trying to gauge the opinion of its listeners or increase its listeners' outrage so that the CBC can say that people wouldn't stand for this behaviour and thus, it was reasonable to fire Gomeshi and it will win the case?

It's hard to tell.

This morning I wrote a post called "Shame on As It Happens". I have just finished streaming the interview with Lucy DeCoutere on The Current (http://www.cbc.ca/thecurrent/episode/2014/10/30/from-smooching-to-smacking-there-was-no-build-up---actor-lucy-decoutere-speaks-out/). It was not as bad as the As It Happens interview but ....

I must say that I am puzzled. This woman sounds as if she is just learning that she should have been more upset 11 years ago than she was. No wonder Jian thinks that he always had consent. Clearly, he didn't in this case. However, she didn't call him on the violence; she didn't bring it up; and she dated him more than once after it occurred. The cynic in me wonders if she thought that this might be a good career move now, because she clearly states that it wouldn't have been a good career move to have said anything previously (& she is probably right about that).

Women need to take some responsibility in all of this. For over ten years, this man has thought that what he was doing was just "hunky-dory" and it doesn't appear that either the women involved, or the men who were his friends said anything to dissuade him of that fact. That doesn't make his behaviour morally defensible, but if we as women don't want to stand up and be willing to be counted, why are we surprised when there are so many more victims. These are not children, all of them are grown women and were when the assaults occurred. Is it ridiculous of me to think that, at some point, at least some of these women should have done something more than just walking away & metaphorically shrugging their shoulders? They can't all have been so traumatized that they couldn't act. But then, they belong to the "post-feminist" generation - the ones that don't need its insights.

They also all seem to believe the propaganda that the police wouldn't have done anything. This is not the seventies or the eighties. There are female police officers and the male police officers who are in domestic violence and sexual assault units who are well trained and sympathetic. Social media (and that includes TV and radio) only tells its audience about the bad ones. The police and the justice system can do nothing at all if no one comes forward. From my experience, in cases of harassment and potential violence, for example, even when they can't arrest someone, they can scare the hell out of them. Real life is not a TV show.

"Women done got themselves some education". They don't seem to have gotten any smarter.

Shame on "As It Happens"

I am writing this because 1) there is nowhere to comment on the As It Happens website or their Facebook page; 2) I am teaching a Canadian Women's History course & need to get this off my chest before this afternoon; 3) I am so disappointed in this news program & the CBC; 4) I don't even want to listen to The Current this morning; and 5) this whole thing is bothering me more than I would like to admit.

This is where the women's movement and the sexual revolution and social media world has taken us?

"As It Happens" is a CBC news show that is on in Canada 5 nights a week varying from 1 hour to 1 & 1/2 hours every weekday  night. I was one of those faithful listeners ever since it began in the 70s - even when we were overseas. It is a news and current affairs show. Over the last few years, I have listened to it less and less - not consciously, but because it just didn't seem worth listening to anymore (unlike The Current, which I will often stream if I miss it). We currently have a sex scandal going on across the country involving the man who hosted & has been fired from the show that he created called Q, which was (is?) an extremely popular morning radio Cultural Show. It has created a social media storm in Canada and the United States - even Salon & Jezebel have weighed in.

It is an unpleasant, murky case involving BDSM and issues of consent. Needless to say, perhaps, but social media has revolved around who is telling the truth. The women say he hit & beat them without consent, he says that he never hit a woman without consent.

So many people on my Facebook page were horribly disappointed & one was even "heartbroken" that this man could do such a thing. Others were outraged. The dangers of putting anyone on a pedestal.

Before I go on, a couple of points:

I have listened to the show on & off, depending on who was on and what I was doing. Can't say that I was a fan. And like with Roman Polanski, Woody Allen and others, all previously listened to shows will have the YUK factor - which is too bad because, ironically, there was a very interesting "Q debate" on the issue of rape culture back in March 24, 2014 (http://www.cbc.ca/q/blog/2014/03/24/rape-culture-debate/).

I have weighed in on Facebook (on my own status, which is public) & as a commenter on other pages, saying that we need to wait - "it will all come out in the wash". If Gomeshi is guilty of assault & battery & rape, then this needs to be in the courts, not social media, & he needs to be sent to jail. However, not one of the accusers has filed a complaint with the police. The reasons "why not" are part of the social media storm.

Shame on "As It Happens" and the CBC for letting it air: 

Listen to the interview in question at: http://www.cbc.ca/asithappens/features/2014/10/29/jian/  

This interview brings up all the murky issues around our attitudes towards women, the patriarchy, misogyny, sexuality, women's sense of self worth & most disturbingly, the issue of consent. The woman came forward on the condition of anonymity, which I understand. However, that will not make her immune to the fallout.

The quick story is that she went out with Gomeshi the first time and he yanked her head back & pulled her hair in the car at the end of the "date". Then she went out with him again - to his apartment this time - where he hit her and started to choke her. She began to cry, he stopped and said that it was late and she should leave. She was distraught and spent the rest of the night with a girlfriend crying her heart out.

What "As It Happens" and Carol Off don't seem to get, is that this interview gives Gomeshi - however distasteful the scenario - 1. the right to claim that he thought that he had consent (whether or not he did is up to the courts - see the addendum) & 2. when he realized that he had misread the situation, he stopped immediately. A case of the law of unintended consequences?????

Carol Off did ask her why she went out with him after the first time. The answer indicates that this has haunted her even though it all happened over 10 years ago. Part of her answer is that he was charming and "wow, my father would really like you", and she didn't really know how to think about it. She said that "we didn't discuss it" - "why didn't he ask me" & actually gave a scenario about how the conversation should have gone (what she would have considered consent), "it came out of nowhere".

The problem is that this is what we hear women say again and again. The warning sign was in the first violent act. She should never have gone out with him again. However, this is what women do. We excuse and excuse violent behaviour from men.

Did second wave feminism accomplish nothing????

My part of the story or why was I so upset?

This probably gets me to the point that has been bothering me ever since I heard the interview - took me a long time to get to sleep last night. No man ever hit me except my father, and I would have walked and never given any man who did (we could say "without consent") a second chance. However, it was violence that sent me on the road to leaving both my husbands. There were lots of other reasons in the mix, but these incidents were catalysts. One kicked our son for no reason; the other was so angry he almost killed his father and took a door off of its hinges in our house. In the one case, I broke up the marriage within 6 weeks; the other took longer for various reasons. Both men were extremely frustrated and unhappy at the time when they exhibited their violence.

While I have always understood that those incidents played a role in the breakup of the marriages, I don't think that I realized until this morning and as I am writing this post, just how important these were in my decision making. Both husbands scared the hell out of me - something that has, for years, been difficult to acknowledge. In both cases, I had to get the children away from these men. I have often voiced the fact that I could not change my husbands, but I could not let my sons grow up thinking that this violence and the way that they treated me was acceptable behaviour. If I stayed, I would have been implicitly, if not explicitly, condoning behaviour that I had years ago deemed completely unacceptable. My father never hit my mother, only his children.

We learn about relationships from our parents and those around us. What we learn is different in every case. My sisters and I all learned different complicated things from our childhoods, but  none of us ever allowed physical abuse to happen to our children (as far as we know, of course - but on this issue we were vigilant).

We still have a long, long way to go if we expect to end violence (whatever kind) in our society. Some days, I feel like we have gone nowhere on this issue. I can only go back to Alice Miller's For Your Own Good: The Hidden Roots of Violence in Child-Rearing Practices. If only the world would take it seriously.

An Addendum

Canadian law is very difficult in the area of the law and rough sex. See the following article, from which I have excerpted the relevant paragraph here (Ms. Leiper is a lawyer):

Nor is express consent at the outset of any sexual activity a complete answer for an alleged criminal assault. Ms. Leiper said certain provisions in the Criminal Code, such as sections 273.1 and 265, describe situations in which consent cannot be properly given. For example, consent is not obtained if the person engages in activity because the other person has taken advantage of a position of authority or trust. Consent is not obtained in law where it is given as a result of threats, fear of force, fraud or actual application of force. Also, consent in sexual cases must be ongoing. A person must be able to revoke consent, by words or conduct, even if initially he or she did consent to sexual activity at the outset. And if a complainant is incapable of expressing consent, the consent is gone.

Just in case you think this is just a Roman Catholic problem!

 It isn't, not by a long shot.  See this from the megachurch - Gateway Church in Texas (and even in Sault Ste. Marie ON?!) Texas megachu...