Social and legal demands of victims of abuse

There are grown women who will not pursue their attackers in the courts. There are grown men who will not even admit they’ve been sexually abused, let alone name their abusers. Why then should anyone expect a thirteen-year-old girl to do this, not once, but over and over again?

In her article, Professor Taylor claims that: “This child was denied justice and a voice. She was also denied any sense of her humanity, her vulnerability, her suffering. Society was denied the opportunity to demonstrate that we have evolved our social and moral landscape and will not tolerate the sexual abuse, misuse and trafficking of children.”

Superficially, there is little to argue against in these observations. But on a deeper level, the fact is that as “Angela” has refused to participate in any prosecutions, to attempt to persuade her to do so is to deny her the fundamental human right to refuse action in which she does not wish to engage.  She has already been stripped of her rights as a human being, by the perpetrators who pimped her and by the men who abused her. She has already been denied the right to refuse in ways many of us cannot bear to even imagine. How can “society” even contemplate disregarding her right to say no to further legal action?

If seven trials result in no positive outcomes, “Angela’s” damaged sense of her humanity, her sense of vulnerability and her suffering will all be highly exacerbated. This is not a risk that anyone with empathy and knowledge of the traumatic aftermath of sexual abuse would persuade her to take.

Some of those who object to the DPP’s decision argue that this is an opportunity for societal change if only the right lawyer would up his or her hand to courageously take it on. No doubt there is truth in this, however, on what grounds can anyone justify turning “Angela” into society’s guinea pig?

Respecting “Angela’s” decision not to participate in the legal process is a more urgent moral imperative than society’s right to pursue the offenders. Society must not exploit this child’s misery in order to demonstrate some kind of moral evolution.

A real moral evolution will be evidenced when we are not blinded by our outrage against these men, but when we are able to see past that outrage and consider what it will do to the victim to insist that she be further victimized in our pursuit of justice.

Because the legal means are available to address sexual crimes does not guarantee that they are always the best choice for the victim. Many rape victims know this. Many choose to relinquish their desire to see the accused punished because of what it will cost them. As frustrating and disappointing as this is for others, only the victim has the right to decide if she or he wants to, or can, go through the legal process. Victims of sexual crimes have already been forced to endure against their will. It is not society’s job to repeat this trauma, however well intentioned that society may perceive itself to be.

 “Angela” is the only person who has the right to decide how she wants to proceed in this situation. This may well be the first time in her young life she’s been allowed to decide anything. Society must accept her decision. Society’s obligation is to ensure she is receiving everything she needs to help her heal as best she can from unthinkable trauma. Nobody has the right to expect anything further of “Angela,” least of all that she offer herself up to change our world.

I can only hope that those who want to demonstrate their disapproval and rage against the Tasmanian decision fully inform themselves of the circumstances before taking action. “Angela’s” family has asked to be left alone now to deal with the tragedy without outside interference. The very least a civilised and moral society can do is respect their wishes.