“All men are created equal.” While this fundamental statement represents the ideal judicial system, it is not always true. A monumental event that spurred interracial unity to resist an attack on fundamental human rights. During a pivotal time in American history this case represented more than a rape trial. It was the views of an old American versus the new, free American that was surging forward. Even with an abundance of evidence, the verdict was clouded by race and politics several times. With the evidence at hand, Norris must be innocent of rape. Admittedly, Norris is guilty of hoboing on the train ride through Scottsboro, however he is not guilty of the alleged rape of Bates and Price. Dr. Bridges, a trusted medical practitioner concluded that,“ At time of the examination, the girls were both calm, composed, and free of bleeding and vaginal damage. Moreover, the semen that Bridges found was non-motile” (Doctors examination/Fact sheet). This piece of evidence suggest that the girls could not have been raped on the train. The doctor’s examination occurred only 24 hours after the alleged rape, but both girls showed no signs of having been assaulted or raped. “Bates and Price spent the night, and had sex with Carter and Tiller … near the tracks” (Victoria Price). In the testimony of Bates, a notorious prostitute, she admits that herself and Price had sexual activity the night before the train ride and arrest of the colored men with boyfriends Carter and
The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for
Now look at Rosina Townsend who maintained the brothel. Mrs. Townsend’s brothel was a high-end brothel, but her reputation or her word was worth mo more than a piece of dirt in the bottom of your shoe. This was demonstrated the most during the trial. Judge Ogden Edwards spent an entire hour instructing the jury. The judge instructed the jury to weigh all characters involved, victim, accused, and witnesses. He instructed that the prostitutes were not to be believed unless corroborated by respectable individuals. He went as far as to try to establish an alibi for Robinson in respect to visiting the brothel on the night of the murder. If the jury felt Robinson’s guilt was beyond doubt, then to convict him; if not acquit.
Any involuntary, unwelcome, and nonconsensual sexual interaction or activity, including touching, kissing, and any type of sexual intercourse would be defined as sexual assault. It is not likely for one to be aware of the law governing sexual assault, until one is placed in a position that requires knowledge of it. (Constance Backhouse, 2016). Rape myths and stereotypes in the Canadian Court system and legislature will be ascertained in the following paper. First, rape myths will be discussed, moreover, it will be shown that regardless of the fluctuations in the Canadian law, sexual assault rates remain high, reporting and conviction rates remain low, and rape myths continue to operate. These rape myths are existing in Canadian universities and in the Canadian Court Houses. Many social constructions that are present in the Ewanchuk case are a result outcome because of the judiciary system and the university system. Furthermore, the rape myth and stereotypes in law and universities can relate to the social constructions of gender, race, masculinity/femininity, and heterosexuality. In this essay the focus will be directed to the Supreme Court of Canada’s decision in R. v. Ewanchuk case, [199] 1 S.C.R. 330, and argue how the rape myths then are still present in today’s society despite feminist attempts to amend criminal laws to be more unbiased in resolving conflicts.
The Scottsboro Trial consisted of two white girls and a group of black youths. 21 year old Victoria Price and 17 year old Ruby Bates were on a train ride back to their hometown, Huntsville, with a group of seven white boys. A group of 12- 15 black youths were said to have joined the train and, later, a white boy, stepped on Haywood Patterson, a black male’s hand, and a brawl erupted which caused the white boys to be driven out. After this, the white girls claimed that they were raped, each by six black males.
America stands by traditional notions where rape culture is the norm and revolves around society. In particular, when a woman is raped, their actions prior to the incident are usually accounted for their fate of being sexually assaulted. Lately in America, there has been a controversy over women being victim blamed by legal authority in rape cases. These women are slut shammed for allegedly “asking for it” by being intoxicated and having the intention to “have fun”. Because of these accusations of allegedly seeking to engage sexually, rape victims are blamed for initiating the sexual act. An ongoing controversial rape case is the Stanford rape trial of Brock Turner, where the victim was sexually assaulted while unconscious near a dumpster. Turner was convicted for sexual assault, however was only incarcerated for three months. This has recently caused uproar due to justice and retribution not being equally served. The incident occurred near a university campus party; where alcohol was involved and memory loss was present. In addition, she was rushed to the hospital as a rape victim and was examined. Despite complying to use a rape kit and be evaluated, the victim’s accountability is undermined by the leniency of treatment in rape charges. When examining linguistic features of both parties’ written statements, several factors can be analyzed such as each participant’s stance and the credibility of their accounts. In addition, when dissecting a victim’s written account,
Tom Robinson is being accused of raping a white woman and would be sentence to life in jail. It was obvious that both Heck Tate and Bob Ewell had told different stories about how the room looked when they found Mayella in the room. Heck Tate had said the room had only a chair in it and Bob Ewell had said that the room was a mess. Without a doubt that either man is being dishonest. It is undeniably that Tom Robinson could not have hit Mayella.
At present, there is no research that has investigated the combined effects of victim race, sexual experience, and alcohol use influencing juror decisions in a rape trial. However, a few studies have examined the joint effects of at least two out of three variables (Dupuis & Clay, 2013; Feild, 1979). As previously mentioned, Field (1979) found that a White victim received the most sympathy from a juror if she was raped by a Black defendant. Thus, the defendant received more punishment. For a Black victim, Black and White defendants received a lesser, yet similar punishment. He also found that sexual experience interacted with the race of the victim, race of the defendant, and the type of rape committed had significantly influenced the jurors. Though Field did not delve much into the joint effect of the race and sexual experience of the victim, he did find other interactions that suggest the answer to this combination. For instance, Field examined the relationship between race of the defendant, victim sexual experience, and victim physical attractiveness. For sexually experienced victims, there was no difference for Black or
who commit a sexual offence while 90% are women who are the victims to above-mentioned assault (Brennan & Taylor-Butts, 2008: 10).
On February 2nd, 2016 at approximately 10:00 AM, I, Investigator James Poffel was assigned a case regarding a rape report of a juvenile (Avianna Walker). that had occurred approximately 2-3 months prior. The Department of Human Services case worker Briana Hull was the reporting party. Briana called to file the police report after she learned this information through an investigation on a separate matter.
With the recent trials of rapists being so news worthy, the verdicts of these trials may have a greater impact on today’s society more than the judges who come to them understand. In our nation we tend to blame the victim of these incidents more so than we blame the rapist, and that is clearly seen through the most recent cases. The most talked about case being that of the Stanford student who raped an unconscious girl behind a dumpster until he was caught by two other students. The boy who was caught ended up facing a trial that came to the verdict of not guilty only because the judge didn’t want to ruin his life. What about the girl he raped? Her life was turned upside down, but the judge didn’t take that into consideration. Instead her life
Kate Harding was raped in college therefore she wrote this book. Kate Harding’s book is about how women are always being raped. Kate talked about that rape is a crime no matter what. Whoever that gets raped is the victim no matter what the situation is. She mentions that people always blame a girl for the way she is dressed but that shouldn’t be the excuse for rapes. A girl doesn’t ask to be raped just because she is showing some skin. Women should be able to wear whatever she wants and not be raped. The person who commits a rape usually gets away without being charged with severe consequences. She also mentioned that even men get raped but women are on the high for rape cases. She mentions that people need to stop rape by having education
March 16th, 2017 was the fateful day that a 14 year old girl's life was changed forever. She is a freshman at Rockville High School and was raped by two illegal immigrants, Jose Montano, 17, and Henry Sanchez, 18. This horrendous act caused an outrage in the Montgomery County community. Many protested outside of the high school with signs screaming “safety not sanction” and “save our daughters no sanction” ("Rockville High School Parents Demand Answers in Rape Case"video). There is more than meets the eye when it comes to this case and there is plenty of evidence to prove so.
Turner’s father used everything in his power to lessen the impact on his son who was a swimmer. Turner’s father wrote a letter to the judge of the case claiming that many things have changed since the case started. Abnormalities between their relationship seemed to hurt his father enough that he wrote a letter claiming that his son should not be punished beyond such extent because “20 minutes of action” does no warrant such. A males’ word meant more to the judge than the victims realistic account of the event. The victim wrote a chilling statement of exactly what occurred during that day, and even read it directly towards the assailant in court. The letter seemed to have little effect on the judge as it did not change his mind about the outcome. The judge took a man’s word to a greater extent and that is exactly feminism is still relevant and necessary. The judge did not pay equal attention to the other gender as the sentence that was handed out was only a small fraction of the supposed sentence that was supposed to be granted. Turner’s father constantly used the phrase “severe impact” to resemble a great impact that would affect Turner because he had no criminal record and was so young. The victim’s seven thousand letter that had all the chilling information of the endurance that she had to go through in order to bring this case to court showed how the true side of how males’ receive credit for their actions, but utterly demonize the women for their actions.
Women have always struggled in the fight to gain equality with men, despite the many advances, society still has a long way to go in addressing the issue of gender inequality. One major factor that keeps women from achieving gender equality is the many rape myths that are associated with sexual assaults. The rape myths that are deeply embedded within the Canadian legal system and society continues to have a detrimental effect on women. Using the R. v. Ewanchuck case I argue that the rape myths embedded within society prevent women from gaining justice within the legal system.
The political consequences of the relationship are indicative through Lurie’s accused rape hearing. During a conversation between Lurie and his ex-wife, she gives us her own opinion on the situation: ‘I blame you and I blame her. The whole thing is disgraceful from beginning to end. Disgraceful and vulgar too. And I’m not sorry for saying so.’ The quotation comprises a dual meaning; she is both referring to the student/teacher relationship at its core, but Rosalind is also alluding to the immorality act. The insinuation comes from the statement ‘and I’m not sorry for saying so’, she implies that this opinion is not a common one insofar that she feels the need to state she won’t apologise for it. Furthermore, the committee advise him ‘you give