...And Justice for All?

I've been meaning to do this post for a few days now, but the new stories just keep piling up. There has been an increasing level of sexual violence without just repercussions of late. The stories which follow are disturbing not only because they occurred but because courts have gone out of their way to impose sentences that take the rights of the attacker and put them on a higher pedestal than the rights of the victim. This is the type of thing that can make someone who believes in justice go bonkers.

Case 1: The Little Rapist

A 50-year old Nebraska man named Richard Thompsonwas recently convicted of raping a 13-year old girl. The usual penalty for such a grievous offence is 10 years in a maximum security prison. I could go on a diatribe about how that itself is not enough of a penalty for shattering a person's life--an event that will forever alter their perception of humanity and in many cases deprives them of the ability to trust another person--but Thompson ended up receiving 10 years of probation. The reason? He's about 5'1" and the judge believed that he would be on the receiving end of a lot of abuse from his fellow prisoners, to the extent that his life could be in jeopardy. Now, I realize that everybody is entitled to the right to life and I believe that no criminal should die for their actions, but this is not justice. Why is the judge giving this little rapist a free pass on account of his size? He's clearly tough enough to rape a 13-year old girl, why should he not have to try defending himself against some proportionally larger than him? Oooh vigilante "prison justice." Anyways, justice is supposed to be blind to these types of considerations; if you do the crime, you should face the consequences for your actions. How on earth is it just for the 13-year old girl that he raped to know that this man is still walking around on the streets and may rape another young woman with the knowledge that his height is now a de jure get out of jail free card?

Case Two: The Repeat Murderer

This one truly disgusts me. A man is currently on trial for murder after he brutally beat a woman and left her to die at the bottom of a stairwell because she refused his sexual advances. You read that right: a man actually believed he had the right to have sex with a woman on penalty of death. This is the worst manifestation of male entitlement and the belief that women are lesser beings here on earth only for the sexual gratification of men. This in itself is despicable and should never have happened. Had justice been served properly a few years ago, this woman would still be alive. Only now is he on trial, for he wasn't punished to the maximum extent of the law when he stabbed his girlfriend numerous times and slit her throat. Yes, you read that right. This man brutally murdered his girlfriend and essentially walked away. Why did he do this? Because she refused his sexual advances. Why is it that a man such as this is allowed to continually flaunt his male entitlement at the expense of women's lives? Because the judge in the original case believed that there were too many Aboriginals in prison and didn't want to add to their over-representation. Instead of being locked up because he's a murderer, this individual got a free pass based on the colour of his skin and promptly proceeded to kill again. Justice is supposed to be blind to all colours, creeds, and religions. The system has failed two women on this man's behalf. Murder is murder. Period. Exclamation point.

Case Three: The Parent Who Sexually Assaulted His Child and Put It on the Internet

Possibly the most horrific thing one can imagine: a person using their own child for sexual exploitation and gratification. The man would sexually assault his daughter over a period of two years from the time that she was 2 years old and broadcast it on the Internet. He was initially given the maximum fifteen year sentence (again, another major shortcoming of the justice system that could be a post in itself) but it was reduced by the judge on this basis:

"There was no violence, such as gagging, threatening or hitting the child," Judge Lise Côté wrote.

There are not words in the language that accurately capture the extent of my outrage over that statement. No there wasn't the violence indicated, but this man raped his own daughter! How does the judge ignore that violence! How! He used his position of power against a defenseless child, his own child, to exploit her, assault her, and probably traumatize her for life. Another factor in the judge's decision? He'd only ever had one other criminal offence--he sexually assaulted another youth while he was 17. A "person" with a history of sexual offences against the most vulnerable members of our society is somehow entitled to leniency. Because of the judge's "benevolence," this man will be free when his daughter is 13 years old. I can only hope for her sake that is living far, far away from him when he gets out of jail.

These three cases are but a very small snapshot of the violence that men perpetrate against women and children. There are countless other examples, whether it be the Duke lacrosse team or the teacher who feels it is appropriate to touch and kiss his "favourite" students, of men using their power for violence and sexual gratification at the expense of women and children. This must stop. When people in other societies criticize us for our internal shortcomings as we attempt to spread "our" values to other regions, these three cases are the type of stories they will cite as our internal hypocrises. Many well-reasoned academics believe that the best example of power countries like Canada and the United States can provide is the example of our freedoms, liberties, and adherence to the rule of law--the shining example of the city on a hill. It is true that our societies are more free, more open, and more just than other societies, but they are far short of perfect. Political equality in our society does not exist; it should and it must. I will not stand pat and be silent when issues such as these arise; to do so is to implicitly state that everything is hunky-dory and the system doesn't need to change. It does. We cannot have true justice when men such as the ones above have an escape hatch that allows them to avoid the consequences of their violent actions.