Victims of sexual and gender-based violence are also sometimes prosecuted in the courts. In this case, in procedural acts that may also turn out to be sexist, the lawyers of the counterpart sometimes use, in a completely legal manner, verbal violence against victims who have already been traumatized.
Sexist advocacy, “reflecting a systemic problem”
If the words used during a plea in a context of sexism do so much damage it is because they echo the verbal violence already imposed on women every day.
” Sexist pseudo-arguments have nothing to do with advocacy “, Says master M., 45, a lawyer at the Paris bar. The use of sexist remarks under the pretext of ” immunity to clothing “It would only be, according to the lawyer, the” a reflection of a systemic problem that we refuse to address “.
The immunity of the dress
The immunity of the habit falls under the law of 29 July 1881 on the freedom of the press and provides for judicial immunity to speech delivered or written by the lawyer, provided there is a connection with the facts. ” This also applies to the statements made at the end of the hearing “, Confirms Eric Morain, lawyer of the Paris bar.
Clara, 23, creator of the Instagram account @surviv_hante, faced sexism during the rape trial in which she is a complainant. On 23 June 2018, at the end of an evening with friends, she Clara leaves, with no other choice, to sleep in the same bed as the one she had later mistaken for a repentant. The latter, a few years ago, had already sexually assaulted her young woman before apologizing to her for the same facts. That night and twice, she waits for Clara to get tired to penetrate her without her consent. Poor and without immediate help, she has no choice but to wait until dawn to get out of danger. The next day, on the advice of her mother and boyfriend, the young woman decides to file a complaint, and performs all the medical tests necessary to support her. Months later she discovers the results of her blood tests, revealing the presence of morphine ingested to her without her knowledge during the evening. An important element that will however be completely overlooked during the process.
” The court asked me several times if I found it normal for a girl to sleep with a boy “says the young woman,” about him, we cleared him, on the pretext that ‘testosterone takes precedence over neurons’ “. All of Clara’s sexual and sentimental life is in particular exposed, as well as an erroneous psychological analysis, thus mixing sexism and validism.
In the face of these attacks, which vary from one trial to another, victims of gender and sexual violence are trying to better prepare themselves, but resources are struggling to emerge.
“We hoped it would be less violent thanks to #MeToo”
” I was afraid nobody believed me Says Samantha, 24, plaintiff in a rape trial alongside Karine, respectively 25, 18 and 19 at the time of the events, ” it is rather on the side of the opposing lawyer that the blow was well played “For Samantha, choosing a lawyer rather than a lawyer is a matter of strategy, allowing for the use of more court-accepted sexist remarks. During her discussion, the lawyer argues that a woman can be released today. having sex in a taxi with a man and having regrets afterwards, but it wouldn’t be rape. Violent comments that Samantha gets stoically on the advice of her lawyer. ” It was difficult to accept thoughts and observations from another woman. “, Continues the young woman.
” We were hoping it was less violent than before, thanks to #MeToo, and if it really changed a bit, the sexism was still there. “, Observes the complainant. ” #MeToo helped to change the words, the lawyer in fact talked about consent, attitude, etc, but my lawyer thinks it would have been even tougher before #MeToo »Stresses Karine. The lawyer focuses her argument in particular on what she calls “ the vagueness of the consent “, Name that makes Samantha react in retrospect. ” There is no blurring of consent, there is consent or there is not “, He specifies.
Preparing for gender-based violence on the witness stand
On Clara’s part, the preparation for the trial had to be done primarily on her own initiative. She then approached associations that help victims of sexist and sexual violence, who warned her of the comments she might have heard. ” I didn’t think the observations would reach this level of bullshit “, He complains. Clara withholds from this trial the injunction to pass through “ the perfect victim, neither too shy nor too aggressive “.
The verdict has the effect of a final stab at Clara, who attempts suicide by leaving the courtroom. Closely held by the members of the association then at her side, Clara learned the lesson of this saving gesture. ” Don’t go to the trial alone, call people you trust, because you won’t get out unscathed “Warns Clara,” it is an additional trauma “.
Post-trial: the importance of psychological assistance
While time often has a role to play in alleviating the pain caused by comments made during trials for gender and sexual violence, psychological support may also be welcome.
” I think even being prepared for the subject, it is impossible to be fully prepared for a verdict “Samantha says. As for the rapist of Samantha and Karine, while the advocate general asked for twelve years of criminal imprisonment accompanied by socio-judicial follow-up, the interested party, moreover in a situation of legal recidivism, receives only six years, of which two are detained. with adjustment of the sanction. Despite their distress, the two young women were neither offered nor suggested any psychological support after the trial. Eventually they find it within their own means, but regret the abandonment of victims of sexist and sexual violence once the trials are over. ” I find it shameful that this burden falls on us “Explains Karine. The financial burden is heavy for the young woman, the CMP (medico-psychological center) around, free, being completely overcrowded. Clara, you have received free support from a specialized psychologist located at the police station where you have decided to file a complaint.
In short, if #MeToo has changed certain prisms of sexism in begging, many facets of this violence are still to be highlighted. Karine also co-founded the Viol Crime Impuni collective to this effect, in a welcome spirit of sisterhood in the face of the additional violence still inflicted on victims of gender and sexual violence.
Cover image: Unsplash / Tingey Injury Law Firm
Source: Madmoizelle
Ashley Root is an author and celebrity journalist who writes for The Fashion Vibes. With a keen eye for all things celebrity, Ashley is always up-to-date on the latest gossip and trends in the world of entertainment.
