Law Reform vs Practice

      After reading the article and class discussion on Thursday the most poignant point that resonated with me was the discrepancy between our (Canadian) great feminist model of consent and the way in which it becomes interpreted in society and court. This left me wondering how this contradiction between law reform and practice have come to be. Although I do not agree with Brownmiller’s belief that law reform should hold all the answers to the problem of sexual assault and gender I still hold onto my belief that law should offer us some answers, and that these answers should permeate in society. In doing these past readings, and my own personal knowledge I realize that the supposedly “great” Canadian sexual assault laws have indeed failed not only “bad victims,” but “good” as well.

    In reading this piece I noticed the word “complicated” arise in relation to law and sexual assault repeatedly. While I understand that is obviously the case, I find myself seeking a more grounded and factual explanation for the disparity between law and practice. One thing that really stood out to me was the concept that police are “trained to approach sexual assault investigations with the suspicion complaints are lying” (220).  A factor that made me feel the fear of previous readings: that victims of sexual abuse trust in the system is often misplaced. I can also understand the neoliberal context in which law and practice is played out within. The focus on individualized cases leaves the political aspects in the dark, which in turn could lead to the abuse of legal sanctions that disallow the use of private records in trial, as the case is seen as a completely separate and contained event. The concept of “high-risk lifestyles,” a concept often pushed onto Aboriginal women has always intrigued me, a device that perfectly plays into neoliberalism and the abuse of victim representation in court as well as media. I found the comparison in the article between the way in which Aboriginal women are perceived after reporting sexual abuse and the lawn mower account (218), pinpointing how ridiculous these notions are and how the courts will seek, using any measure, to discredit their Aboriginal complainants. One thing throughout this class I am curious to learn more about is how the law functions for some and disavows others, especially in regard to Aboriginal populations.

Thoughts?