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Believe the victim: a recipe for injustice

The innocent suffer when we’re encouraged to believe all claimants.  By  Barbara Hewson

The outraged reactions to newspaper reports of a recent debate at the London School of Economics entitled ‘Is Rape Different?’, at which I spoke, proved the point of my talk there about the prevailing ideology of victimization. This ideology dominates official thinking about rape and sexual abuse to a point where the police actively solicit allegations with the promise, ‘You will be believed’. This militates against the idea that allegations need to be investigated.

The ‘you will be believed’ mantra also fosters an unreal expectation on the part of complainants, and the victim lobby, that their accounts should not be challenged or questioned robustly. The government is now piloting a scheme of ‘pre-trial’ cross-examination, in an attempt to shield complainants from the rigors of a criminal trial, ostensibly so as not to ‘re-traumatise victims’.

This is dangerous, for two reasons. First, it creates an ideal climate in which those who have not been abused can claim that they have been. Second, it ignores the ease with which false memories of abuse can be created, whether by self-persuasion, interaction with victim/survivor groups, or influence by third parties with axes to grind. Those third parties may include therapists, policemen, injury lawyers, campaign groups, and journalists avid for scandal. All these players espouse the ideology of victimization.

In 1997, the US sociologist Joel Best identified seven widely accepted propositions which, taken together, create this powerful ideology:

1) Victimization is widespread;
2) Its consequences are fundamentally psychological, and long-lasting;
3) Victims are innocent, victimisers are exploitative, and there is no room for moral ambiguity;
4) Both society and victims themselves fail to appreciate the extent of victimization;
5) People must be taught to recognize their own, and others’ victimization;
6) Claims of victimization must not be challenged, as this is ‘victim-blaming’;
7) The word ‘victim’ connotes powerlessness: the term ‘survivor’ is preferable. (1)

 

Victims/survivors are praised for their courage, and enjoined to recover. The language of recovery is permeated by the doctrinaire religiosity of the 12-step movement, pioneered by the founders of AA in the US. This may explain why some victim-advocacy groups can sound cult-like, with their own jargon (‘grooming’, ‘trafficking’, ‘mind control’) and their disdain for non-believers.

But, like any religion, the victim/survivor movement needs new recruits and new spheres of influence. Not satisfied with sensitising society to victims’ needs, they then demand integration within institutional structures, and then wholesale institutional change. The contemporary victim industry, according to Best, mass-produces victims.

Even those who deny prior experience of victimisation are seen as candidates for conversion. Best quotes the comedienne Roseanne Barr from the early Nineties: ‘When someone asks you, “Were you sexually abused as a child?”, there’s only two answers. One of them is, “Yes”, and one of them is “I don’t know”. You can’t say no.’

What Barr alludes to is the concept of ‘gradual disclosure’. Hugely influential with therapists and social workers, this posits that people who have been abused will initially deny it, and need help to overcome their denial. This is a deeply flawed approach, because it assumes that there is always something to disclose. It refuses to countenance the possibility that a denial means there is nothing to disclose. According to researchers, there is no clinical evidence to support the theory of gradual disclosure (2).

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  • This is a very touchy subject. Of course, in no criminal proceeding where justice is the intent can favor be shown to either accuser or accused simply on the basis of who made the accusation. The presumption of innocence should and does apply to all classes of criminal behavior, and while some particularly rabid extremists in the rad-fem camp would like to carve out an exception for rape, there's no way to do so without undermining the principle elsewhere. In a law-based society all crimes must be prosecuted under the same laws.

    However, it's not hard to understand why some would adopt a contrary position. Historically and to the present day, far more rape is committed than prosecuted, prosecutions have a dismal conviction record, irrelevant allegations concerning the victim's past or behavior at the time of the crime has been used to undercut truthful testimony, victim-blaming based on the victim's manner of dress, conduct at the scene of the crime or failure to take proper precautions is still common in far too many court proceedings. You don't have to look back past a few months to find judges scolding victims from the bench and letting perps off with a wrist-slap.

    I don't buy the wider argument that this culture condones rape overall. That's the rhetoric of a certain breed of fanatic not unlike other breeds of fanatics to be regarded with skepticism. But the record is woefully clear. The criminal justice system has done a lousy job of taking rapists off the streets. The answer to this is not to re-write the rules so as to deny anyone due process, but rather to make the present system work the way its supposed to, which means teaching cops to investigate rape effectively and judges how to overcome their personal prejudices and try these cases not differently from how they try others but rather exactly as they try others.

    Before junking any part of the constitutional protections provided criminal proceedings, lets try enforcing the existing laws even-handedly and without any special weight given to the testimony of either accuser or accused based on anything other than the evidence.

    In a court of law, everyone swears to tell the truth and the judge and jury decide who's oath is good and whose is not after the case is argued. This is the best approach to protecting the rule of law which, in turn, protects every citizen.

    It does no good for anyone, expect repeat offenders, to dismiss the criminal justice system as hopelessly biased and discourage victims and witnesses from coming forward for fear of being disbelieved. Credible testimony is credible testimony and those offering it should expect to be believed and settle for nothing less.

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