Conclusion
Author | Constance Backhouse |
Pages | 287-297 |
EChapterF
CONCLUSION
Ecasesproledhereagainstthebackdropofthelargercol
lection demonstrates that injustice was deeply rooted in sexual assault law.
Mary Ann Burtons case displayed misogynist ica ssumptions about the
venality of women as well as class bias that infected police investigations,
doctors testimony and defence crossexaminations Women who made
complaints of sexual violation were stereotyped as incredible. Skepticism
and disbelief interspersed all their interactions with the legal system. It was
one thing for the cri minal law to demand that the Crown prove its case “be
yondareasonabledoubtthehigheststandardofproofknowninlawItwas
quiteanotherthentotilttheplayingeldstillfurtheragainstthevictimsof
sexualviolencewithdoublestandardsinthecourtroomMaryAnnBurtons
response Dontyou bully mei ndicates that she knew the treatment to
beunfairandthathersenseofjusticewouldhaverequiredadramatic
refashioning of the tria l.
Police and physicians should have been instructed to conduct full inves
tigations free from sexism and class discrimination. Criminal law should
have been enforced to ensure that all women were protected from sexual
assault, regardless of their class, family history, sexual past, use of alcohol,
or lifestyle. Rules of professional ethics should have restrained lawyers from
linesofcrossexaminationthatplayedonthediscriminatorybiasesofjudges
andjuriesJustasithaslongbeenrecognizedthatcounselmustnottellju
rors that they can disregard the law, neither should they have been allowed
to suggest that some women were not worthy of legal protection.
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