Abstract
Elaine Craig, an associate professor at Dalhousie University’s Schulich School of Law, has published a timely and incisive book, Putting Trials and Trial: Sexual Assault and the Failure of the Legal Profession. The text appears in the recent wake of the North American #MeToo movement and the Harvey Weinstein scandal.
In her opening lines, Craig renders a very clear verdict on the Canadian justice system’s handling of sexual assault cases: “Imagine a society—one that purports to be a rule of law society—in which one segment of the population regularly engages in harmful acts of sexual violation against another segment of the community with almost complete legal immunity. Canada is such a society” (p. 3). Only a tiny percentage of sexual assault survivors use the justice system to obtain justice and compensation. How do we explain this small fraction? And why do so few of the reported cases end up with a criminal conviction? Craig places at least some of the blame on judges, lawyers, and the legal system in general, which she unhesitatingly characterizes as a re-traumatizing experience for most survivors.
The author makes a brilliant and comprehensive analysis of the legal process, examining the roles of the prosecutor, defense lawyer, and judge and actions taken by them that often re-traumatize sexual assault victims, such as comments that are condescending, aggressive, or insulting. She discusses judicial errors in sexual assault trials, along with the myths and social stereotypes surrounding sexual violence that inform the unexamined assumptions of many key actors in the justice system.
The book’s overall thesis is solid. The examples Craig uses to support it are readily accessible, even for those with scant experience of the criminal justice system. Deploying statistics and research, excerpts from transcripts of recent court hearings, case law, and interviews with journalists and lawyers, Craig criticizes the system for the mistrust it instills in sexual assault survivors. But she does not stop there. She also suggests ways to alleviate and reestablish that trust, with particular concern for Canadians of diverse backgrounds in terms of race, indigeneity, disability, and/or socioeconomic status.
It is noteworthy that Craig’s proposed improvements do not jeopardize the presumption of innocence of the accused—a fundamental notion of our legal justice system. But she has been bold enough to name the judges and lawyers in her examples in an effort to sensitize all actors within the system about their role in maintaining and perpetuating the myths and stereotypes surrounding sexual violence.
Although the book does not address the Quebec context, it is very timely and relevant in diverse milieus. Currently, Canada’s main response to sexual violence is through the legal system. Other options, such as prevention, psychosocial interventions, and better support for sexual assault complainants within the legal justice system, receive few resources. These three realms are ones in which social workers can play a pivotal role.
The myths and stereotypes concerning sexual violence are pervasive, affecting every sphere of our society including social workers and social work students. Widespread misconceptions about sexual violence and it victims lead to insensitive and ill-informed interventions, even to the “secondary victimization” of rape victims. Social and legal justice is central to the profession of social work. Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession is therefore of particular interest, not just to legal stakeholders but to anyone who wants to know more about the unethical practices that frequently arise in sexual violence trials. This book is a useful one for any social worker who seeks to learn ways to change the cultural failures of the Canadian legal profession.
