Conclusion

AuthorConstance Backhouse
Pages287-297

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.

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