Misogyny in the legal system

(5 Posts)
Felascloak Thu 28-Jul-16 11:20:51

Just read this article
http://www.cbc.ca/beta/news/canada/edmonton/alberta-judge-delivers-blistering-rebuke-of-lower-court-sex-assault-decision-1.3694814

My first thought was thank god there was a female higher judge able to overturn the poor decision of the lower judge. And that's why we needs more females in high positions in the justice system.

But then I thought about Judge Masipa and her handling of the Oscar Pistorious case. And Mrs Justice Hogg returning Ellie to a violent father in circumstances that tied social services hands. So its clear to me that women can also make very bad decisions, maybe due to our pernicious patriarchal, white supremacist culture.

Is there anything that can be done about this apart from hoping things improve as attitudes towards male violence change over time? (Assuming attitudes to male violence do change that is)

Felascloak Thu 28-Jul-16 11:21:19

Oh ffs
www.cbc.ca/beta/news/canada/edmonton/alberta-judge-delivers-blistering-rebuke-of-lower-court-sex-assault-decision-1.3694814

Buunychops Sat 06-Aug-16 12:02:58

Wow. Like that woman.

VestalVirgin Sat 06-Aug-16 12:14:09

It's good there was a higher court in that case, but doesn't one actually have to appeal to a higher court? And how many victims of sexual assault dare to do that?

I think there needs to be a way to hold judges responsible for just plain wrong and unlawful decisions, a way that discourages them from making such decisions in the first place. There are so many cases in Germany where judges just let rapists walk free (female judges, too), and it is not even apparent to me how the legal loophole they did this through could even work.

(Like, one case was a man had raped his daughter for thirty years, and the judge reasoned that she hadn't fought back for the past ten years, and the other rapes had been so long ago they didn't count anymore ... the other case the rape was filmed and the judge said that the victim said "no" because she didn't want the sex to be filmed, not because she didn't want the sex - which, one, cannot be determined, and two, doesn't make that much difference as in that case she would only have consented to sex that was not filmed, and thus any consent given was void.)

Felascloak Sat 06-Aug-16 20:14:01

Yes I agree vestal
We do have our fair share of idiotic judges here too!
I'm not sure how lenient sentences are appealed in the UK, I think the CPS can do it.

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