"Men are not interested in menstrual women", "clearly downstairs someone, why not shout for help?" "," can also smile, not at all like the victims of sexual assault "⋯⋯, these stereotypes of victims of sexual assault, not only from the general population, as the embodiment of the justice of the judge may also have these myths. Today, we will use 7 Local Court sexual assault acquittals to take you to observe the seven "sexual assault myths" that are common in sentencing.
Loud cry for help, horns resistance, tears, you imagine the "victims of sexual assault", is also like this?
In the face of sexual assault cases, our society often uses "stereotypes" to look at these victims, believing that they should conform to a particular image, such as being thin in size, struggling to resist, and feeling fear of shame afterwards, and that such stereotypes do not only occur in the general public, It could also happen in a "court" that achieves fairness and justice.
Just as society has an invisible "victim script" for whether the victim is struggling with sexual assault, the response afterwards, and the perpetrator, the judge often uses such a script to measure the truth of the testimony of victims of sexual assault.
Picture | Japanese drama "giant Dioxane marked with sleep らせない special 捜 Search the reverse attack" stills
Compared with in general criminal cases such as theft and injury, courts often do not specifically examine the personality and emotions of victims, but rather focus their hearings on the behavior of the perpetrators themselves, in cases of sexual assault, judges often pay special attention to the image of the victims, expecting that what appears in the court is "a quiet, passive, painful, Shame victims ", so that victims often need to bear a" performance responsibility "other than the burden of proof, and if the victim does not perform according to the" Victim script ", it is often not considered a" good "victim.
Such "Victim script" is also full of "gender stereotype" and "rape myth (Rape myth)", the following we list the Taipei Courtyard, Taichung Courtyard, Kaohsiung Institute of 7 acquittals, show you the 7 kinds of judgment common sexual assault myths.
Failed victims: A common myth in 7 court decisions
Myth One: Coming home with him is tantamount to wanting to have sex?
Taichung Ground Court 91-year v. NO. 274 judgment: "It is reasonable to make sense that the victim is not in deep contact with the defendant, why a single person is still willing to go back to his residence with the defendant to live in a room, ..., it is not known when it is possible to be in danger, ... 」
If the above judgment is expressed in vernacular, the judge thinks that the victim volunteered to go home with the perpetrator, how can he not know that "it is dangerous to go home with someone else?" ", so that the sexual intercourse that took place in the harming family should not have been contrary to her wishes.
However, going home with others, drinking, kissing, etc., does not mean that we "agree" to have sex, so-called "sexual consent", should be before the occurrence of sexual behavior, clearly get the other party "willing to have sex" consent, that is, "only Yes means yes", so we have from this judgment that the administration of justice is still not paying enough attention to the concept of" positive consent ". (Recommended reading: make the sex experience more enjoyable!) Five pictures take you to know "positive consent")
Myth Two: Why don't you shout for help right now?
Taichung Ground Court 96-year v. NO. 4521 judgment: "According to the rule of thumb, the average person is frightened, must shout for help ... when the defendant was sexually charged, C was able to say" no "and was able to" resist ", and the witness was not unable to speak because he was too frightened. Is it that C tells people that nature can shout for help, ask the waiter or the staff for help, and C does not give up this? It's already suspicious. 」
This judgment in vernacular, is that the judge believes that the general normal victims encounter sexual assault, will shout for help, the victim did not call for help, very "suspicious."
However, the situation of sexual assault is often very complex, everyone's response to the danger is also different, many victims in the face of sexual assault, often because of too much fear, or because of interpersonal pressure, not necessarily in the immediate call for help, and such stereotypes, but also can find that the court's perception of sexual assault, is a great disconnect from the real situation.
Myth three: Against the resistance, resistance should be "hurt"!
Kaohsiung Institute of the 94 the No. 958 judgment: "⋯⋯ told the person that in the process of sexual assault by the defendant, he fought to break free from the defendant, but after the crime of 2nd to Zhongshan Hospital China and Hong Kong Branch inspection results, but did not find any bruises on his body, has been described as above, and this section and the same sense is contrary to ... 」
The decision of the Kaohsiung Institute held that since the victim said that she had resistance, it was natural that she should be injured, but there were no bruises after the test, contrary to common sense.
From this judgment, we can also see that the court held that the victim should horns resist and protect his chastity, even if the injury is risky, if not injured, it must be that she did not struggle to resist, in that case, it is not worth social protection.
This concept throws the responsibility of "avoiding sexual assault" to the victims, believing that they have the responsibility to "fight hard" to avoid sexual assault, although in 1999, the mandatory crime of criminal law has removed the requirement of "not resisting" in the provisions, but the judge still has the idea that the victim should "resist" in the applicable law of the case. (Extended reading: Why can't victims of sexual assault resist? The world is telling women: you're sexually assaulted, you deserve it )
Photo | "The wife of the monthly salary" stills
Myth four: Want to be ashamed and angry afterwards?
Taichung Ground Court 89, the 1066th judgment: "Again to tell B court when the speech is methodical, sane, but to the court to interrogate and state the past situation of sexual assault, many times to the court to show a kind smile, and no anger, sadness, fear, sadness, shame, sorrow and other emotions, There is also no general victim's desire to amendments the situation of his feelings at that time or after the incident, and the manner in which he speaks is very different from that of the victims of the general infringement cases. 」
According to the judgment, the victim was sexually assaulted and did not have the same upset breakdown as the general victim, and even "showed a kind smile" at the hearing, it can be inferred that she should not have been sexually assaulted.
What the? Can't even show a kind smile?!
The court often thinks that the victim should behave very "angry, sad, afraid, sad, ashamed, sad", that the victim should conform to some kind of "victim script", however, every victim of sexual assault, is a unique person, with different personality, life attitude, mood, such a script set does not necessarily apply to everyone, Let alone judge whether a person is sexually assaulted by a "character that doesn't match the script."
Myth Five: Why don't you call the police right away and test your wounds?
Kaohsiung Ground Court 94, the No. 240 judgment: "⋯⋯ obvious A Female Although the defendant was sexually assaulted, but did not leave the Zhongzheng Grand Hotel after the crime, immediately called the police to deal with the scene, in order to take on-site signs, also did not immediately go to the hospital to test injuries, in order to check whether there is a mandatory payment of the relevant bruises ... 」
Vernacular said, Kaohsiung Courtyard Judge believes that the general people are sexually assaulted, should immediately call the police, to the hospital to test injuries, but the victim did not immediately do so, very unreasonable.
However, many victims in the aftermath of sexual assault, often there is no way to calmly and timely response to what to do, such expectations are very unreasonable. Moreover, if according to myth four, it is not very contradictory to think that the victims should be extremely sad, ashamed and afraid afterwards, but at the same time expect them to call the police immediately and calmly expose their own victimization experience. From this judgment, we can also see that some of the "sexual assault myths" are in fact contradictory.
Myth Six: After the fact with the "perpetrator" to get along with nature?
Taipei Institute of the 96, the No. 658 judgment: "⋯⋯a women have had sexual intercourse with the defendant, is the day after waking up to know that the defendant has been on the plane sexual assault, should not peacefully ask the defendant to return to the hotel reason ... 」
The verdict felt that the victim woman, though she said she had been sexually assaulted, had asked the perpetrator to drive her back to the hotel after waking up the next day, which was strange.
The verdict shows the judge's obsession with "sexual assault by a familiar person." Susan Estrich, a famous feminist scholar, once said: "The traditional idea is always that the perpetrator of sexual assault is a stranger waving a knife." 」
However, according to statistics, in fact, most of the sexual violence is occurring in the familiar two rooms, the victim and the perpetrator may be lovers, family friends, teachers and students, the occurrence of sexual assault among the familiar, often involves both sides of the emotional, interpersonal, interest, and more complex, not to think that the victim and the perpetrator must be mutual " Hostile. " (Recommended reading:"Gender Watch" Why is our society rich in "acquaintance sexual assault"?
Myth Seven: This kind of goods, normal people can't do it!
Kaohsiung Land Court 94-No. 3129 judgment: "⋯⋯ According to common sense, the amount of menstrual blood should be the following day, November 19, 92 is the largest, not only when the female body is more unwell, the common sense, the average man is unwilling to be the woman of the month for sexual intercourse ... 」
Vernacular point, is that the court believes that the victim is a month, there can be no man want to have sex with her, so it is impossible to have sexual assault.
However, such a judgment, but also reflects the community often decided that "what kind of person" is worthy of sexual assault, that a girl "menstruation, beauty, long sorry", and that she will not be violated, think that men, "because of being a boy", so will not be sexually assaulted, are a kind of myth. All people may be victims, or they may be perpetrators. (Recommended reading: 20 common myths about male sexual assault victims: "You have a reaction and you want it very much")
To break the ideal image of a victim in order to implement justice.
Ito, a journalist who led the Japanese #Metoo movement, said in an exclusive interview with women fans: "People should not have only one way of understanding about victims of sexual assault." 」
As a judicial practitioner, we should not use the stereotype of a single tablet to understand sexual assault and harm, whether it is judges, lawyers, prosecutors, in the face of sexual assault cases, we should be more gender conscious, always pay attention to whether we fall into the myth of sexual assault, remind ourselves not to understand the victim as a single " Concept "In order to make a truly fair and just judgment after measuring the case and the evidence. (Extended reading:#METOO interview with Itochu Weaving: people should not have only one way of understanding about sexual assault )
Photo | Japanese drama "Legal High" stills
Last March, the Supreme Court handed down the verdict, which could serve as a good mirror.
Supreme Court 107 platform No. 887: "The victim of the crime of obstruction of sexual autonomy, there is no possibility of a typical after-action emotional response and standard response process , the relationship between the victim and the perpetrator, the situation at that time, the personality of the victim, The feelings of the victim being sexually assaulted and the situation after being informed by others about the circumstances of the sexual assault will affect the response of the victim after sexual assault, and the so-called ideal image of the victim exists only in the imagination of the patriarchal system . 」
The Supreme Court mentioned that victims did not have a typical afterwards emotional response, let alone the so-called "ideal image of the victim", because these imaginations exist only in the imagination of the patriarchal system.
It is probably the first time in the history of the Supreme Court to overturn the "sexual assault myth" verdict, and we are happy that the Supreme Court has finally kept pace with the sense of gender equality, abandoned stereotypes and used a more " To understand the victims of sexual assault from a pluralistic perspective, and we expect other courts to follow suit, and even everyone in our society, to think about sexual assault in a more open manner.