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- Learn to use the coding system
developed for the research series.
- Watch local cases and document the
how the legal system "discounts" male sexual violence against
women and children.
- Raise public awareness by
discussing these failures with the local media.
The Problem
For Both
Children and Adults. The court "discounts" the seriousness of
male sexual violence by confounding the conditions for leniency
with the normal social and family situations that most women and
children are in with respect to men who sexually assault and abuse
them.
For Children. First, they are held responsible for their
sexuality, when in fact it is adults who are responsible to avoid
all sexual contact with children. Second, children are treated as
if they are not able to give responsible testimony when in fact
children are able to give accurate accounts of their experiences
when asked appropriate questions. Defense lawyers ask questions
which are beyond the child's developmental level. Their failure to
answer these questions is used to discredit their testimony as an
unreliable witness, when it is the question, not the child, which
should be discredited.
For Adults. The courts deal only with an atypical sub-set
of adult cases based on myths and stereotypes about sexual
assault. Thus, the legal process is a distortion of women's actual
experiences with male sexual aggression. For those cases which
reach the trial process, women are subjected by defense lawyers to
lines of questions and arguments based on logical fallacies. Thus,
the court accepts the unreasonable as if it were reasonable,
increasing the gap between the reality of sexual assault and
distortions introduced by the legal process.
The Solution
For both children
and adults, part of the solution is to document these outrageous,
but typical, outcomes of the legal process. The goal is to
re-define the nature of adult sexual assault and child sexual
abuse, and to have these issues discussed by the local media in
the context of local court cases. In this way, a common national
vocabulary and frame or reference can start to emerge for a new
round of reform of sexual assault legislation.
The Steps to Take
1. Create a
group of individuals who are prepared to become court watchers who
will observe all local sexual assault and child sexual abuse
trials.
2. Use the coding manual developed by our research to
document these outrageous aspects of the legal doctrine.
3. Use the results of the coding to discuss each case with
the local media and to encourage the media to write about the
problem in terms of the concepts provided by our research for the
need for national social action program for reform of sexual
assault legislation.
4.
Contact NAPASA in order to share your information and
experiences with other groups who are "Documenting the
Outrageous."
5. Download from the technical documents listed below to
give to give to the group who is responsible for observing, coding
and discussing with the media the court cases.
The Support
Material
For Child Sexual
Abuse Cases
1. The list of publication in the research series.
2. Reprints of Publications No.'s 10, 11, & 12
3. The Booklet:
Documenting the Outrageous for Children.
For Adult Sexual Assault Cases
1. The list of publication in the research series.
2. Reprints of Publications No.'s 10, 13, & 14
3. The Booklet:
Documenting the Outrageous for Adults.
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