An eye on the barriers to justice
With research covering women’s experiences as victims and survivors of rape, police and justice system responses to sexual violence, and the influence of history and society as barriers to rape reform, Associate Professor Jordan provides specialist training in adult sexual assault investigation to New Zealand Police detectives and judges.
“Victims have to go through systems and processes which are everyday to those who work in them, but it’s a once in a lifetime and traumatic time for them. It might be their first time in direct contact with the police and, should they be one of the very few rare cases that get to court, their first time in front of a courtroom, jury and a judge.”
Associate Professor Jordan says there are many issues that could be barriers to victims getting justice: “Like our attitudes towards victims—we are much quicker to focus on how victims dress and whether what they do is risky. Why are we so obsessed with asking questions about the victim rather than asking why the perpetrator thought that, because she was so drunk, she was going to be an easy sexual conquest? Why did they decide that it was OK to have sex while the victim was asleep or drugged?”
Her training also looks at how messaging in our society perpetuates the “she’s asking for it” myth and how young women are pressured to be highly sexualised in how they dress and appear. She says it’s about trying to put rape in the context of all the messaging that men and women are getting around what it means to be sexual, what it means to be attractive.
“Then I get them thinking about what can sometimes prevent a rape case from going to court. Like fearing that a jury is going to look at a victim and make judgements about her and think she’s not credible.”
Jordan says the Louise Nicholas case is a perfect example.
“Louise’s character was completely trashed in that courtroom. In contrast, the three police officers had the status of being older male officers, two of whom the jury was never allowed to know were already in prison serving time for similar crimes. How was she ever going to get justice?”
That‘s where a pilot project trialling sexual violence courts comes in. For the last two years, Associate Professor Jordan has presented material at training sessions designed to help New Zealand judges become more aware of the dynamics that can affect how victims present in a courtroom.
“We look at what victims might need and not be able to articulate. What barriers to justice do rape complainants face and how, although we think about the court as being an avenue to justice, for the majority of rape complainants, it’s not. What role can judges play in trying to enhance the chances for victims actually getting a just outcome from the court?”
Associate Professor Jordan says the way our court is set up is oriented towards minimising any risk of a wrongful conviction, but it means that in some ways it can actually maximise the chances of wrongful acquittal and be exceptionally traumatic for the victim.
Some of the support a judge can provide is very simple, according to Associate Professor Jordan.
“If a complainant is being worn down by the defence, don’t wait for them to say ‘Can I take a break?’, or get to the stage that they are completely demoralised and broken down, but intervene earlier and suggest that now would be a good time to take a break.”
Those involved in the pilot courts project hope that, by improving judicial awareness and training, victims of sexual violence will be better served by our justice system and eventually all judges will be privy to specialist training in this area.