(((((Ceph)))))
I'm inclined to agree, ZMW. I think we're being perfectly rational.
What we have seen is this:
When a person comes forward with their report of sexual assault, in addition to the usual labels like 'alleged', s/he will also almost immediately have the term 'false accusations' bandied about.
Goodness forbid anyone supports her/him, because then the supporters will be called a lynch mob. Isn't that a logical fallacy? Ad hominem or poisoning the well or something like that? Since when does supporting someone, taking a person seriously when they say, "This person harmed me", equate to being a lynch mob? Since when does saying, "I don't want to rugsweep this, I want there to be a process of investigation because this is a matter of someone's safety being at risk," translate to being a lynch mob? (As you can tell, that term incenses me.) Reality: it doesn't. It doesn't make anyone a lynch mob. It makes them a concerned citizen.
'Due process' is a term only for the accused, apparently, rather than for the accuser. Since a lack of due process will automatically mean that the accused will be... what? Lynched/murdered? Imprisoned? Not get a job promotion? Disapproved of by a lot of people?
...When actually, more often than not, when there's a lack of due process, it's the accuser who winds up paying the price. Through receiving death threats. Through being publicly mocked for their testimony. Through being ignored during the investigation despite having information to give to the authorities. Through having everyone else who had information that could have corroborated her/him being ignored by the authorities too, even when said sources of information were trying very hard to give their tips to the authorities.
That's not due process.
And again, as is the pattern, the accuser was not taken seriously by the people who had the power in that situation. That doesn't mean that the accused was proven innocent. After all, the idea is "innocent until proven guilty" - that means that the accused doesn't set out to prove their innocence, it's already assumed. What that means is, the investigation wasn't deep enough to investigate the claims. So they didn't really look to see if the accused was guilty. I'd say, they didn't look because they didn't want to know.
I think many of us here have had a similar experience.
When a truth is not thoroughly investigated, more often than not in the court of law, the accused goes free. "Guilt beyond a shadow of a doubt" still has meaning and power. When it comes to cases of sexual assault, they aren't examined thoroughly. They aren't taken seriously in a court of law. If they were, there wouldn't be such a rape kit backlog, and the police wouldn't dismiss so many survivors. More often than not, it's not unlawful imprisonment that's the outcome: more often than not, it's the case being totally dropped. We hear about exceptions rather than common experiences, but the stats back this up.
And this recent thing, the current event, wasn't even about imprisonment. It was about a job interview. Unfortunately, it was also a very public statement about how we treat survivors of sexual assault.
So, seeing that process unfold, I think it's pretty damned obvious why more survivors don't report.
(My post was not meant to include any politics. That's why I tried to keep it as vague as possible. To me, this is about the process of investigating sexual assault reports and how we treat survivors.)
I've been thinking about the Brock Turner case, and how amazing it was that he got a jail sentence at all. I realized there were two things that made that case go through, that most sexual assault victims aren't lucky enough to have:
1) The assault was stopped while it was in progress. Usually assaults don't have witnesses, and by pure luck, this one did, and the two people who saw it going on stepped in and stopped it. They were Good Samaritans. That's the first thing.
2) The second thing is, the two Good Samaritans who stopped the assault were men. I honestly believe that society still takes men's voices more seriously than women's. Because they were men, I think they lent strength to the survivor's case against Brock Turner.
I hope more men will be like those two.
And even though Brock Turner got jail time, it was a lenient sentence. 6 months, when he could have gotten 14 years. Why? Because the judge didn't want jail to have a detrimental effect on Brock Turner. From a survivor's perspective, it sounds like the judge was more concerned about Turner's well-being than the survivor's.
And, he served only half of his time. He was out in three months. So, how is a survivor supposed to feel safe again?
[This message edited by silverhopes at 2:59 PM, October 8th (Monday)]