Conclusion

• Author: Constance Backhouse
• Pages: 287-297



EChapterF

CONCLUSION

Ecasesproledhereagainstthebackdropofthelargercol

lection demonstrates that injustice was deeply rooted in sexual assault law.

Mary Ann Burtons case displayed misogynist ica ssumptions about the

venality of women as well as class bias that infected police investigations,

doctors testimony and defence crossexaminations 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

yondareasonabledoubtthehigheststandardofproofknowninlawItwas

quiteanotherthentotilttheplayingeldstillfurtheragainstthevictimsof

sexualviolencewithdoublestandardsinthecourtroomMaryAnnBurtons

response Dontyou bully mei ndicates that she knew the treatment to

beunfairandthathersenseofjusticewouldhaverequiredadramatic

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

linesofcrossexaminationthatplayedonthediscriminatorybiasesofjudges

andjuriesJustasithaslongbeenrecognizedthatcounselmustnottellju

rors that they can disregard the law, neither should they have been allowed

to suggest that some women were not worthy of legal protection.