Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession

by Elaine Craig

Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily ? and sometimes unlawfully ? contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers? public statements and commercial advertisements, Putting Trials on Trial demonstrates that ? despite prominent contestations ? complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.

Genres: Nonfiction, Politics, Feminism, Law

320 pages, Hardcover

First published February 16, 2018

Reviews

[midori · Rating 5 out of 5]

if I can’t hack it at this PhD thing, my backup plan is to become a vigilante against evil men

[Maggie Gordon · Rating 4 out of 5]

Putting Trials on Trial is a very carefully researched expose on how Canadian sexual assault law is still riddled with discriminatory stereotypes and assumptions that lead to incredible unfairness in the system overall. Craig does a series of empirical studies, from content analysis to interviews, on defence lawyers, Crown attorneys, and judges to determine exactly what is going wrong when a sexual assault case proceeds through the criminal justice system. It's an eye-opening and very accessible book that proves its point well.

[Lauren Hannough-Bergmans · Rating 5 out of 5]

An even-handed critical look at sexual assault trials in Canada. Craig highlights how to treat sex assault complainants with compassion and respect while taking every member of the criminal justice system to task for their behaviour and choices. I consider this required reading for anyone who expects to take on these kinds of matters.

[Nicolas Lontel · Rating 4 out of 5]

Comme l'autrice le souligne, il ne s'agit pas d'un essai sur comment les tribunaux pourraient aider les victimes à travers le processus de guérison, ni sur si l'incarcération de plus d'hommes (pour la très très vaste majorité des agressions sexuelles) est la solution au problème, il s'agit d'observer comment la défense, les tribunaux, les juges et l'opposition pourraient faire beaucoup mieux pour non seulement éviter des reproduire des stéréotypes sur les agressions sexuelles, mais aussi pour éviter de (re)traumatiser des victimes, les humilier, utiliser des méthodes agressives qui ne fonctionnent pas (et qui sont pourtant célébrées) et mieux connaître les lois entourant les agressions sexuelles.

À travers plusieurs procès et entrevues avec des avocats, Elaine Craig montre comment dans un système encore loin d'être parfait, des acteurs, actions et préjugés contribuent à empêcher la justice de s'effectuer dans les cas d'agressions sexuelles et dissuadent les femmes (encore une fois, pour la vaste majorité des cas) de porter plainte et obtenir une justice équitable.

Craig recommande non seulement de plus importantes formations pour les juges et avocats sur les mythes, lois, etc. relatifs aux agressions sexuelles. Elle demande aussi de cesser certains comportements au barreau, de cesser l'utilisation de l'historique privé des victimes, et même juste de cesser de marteler dans le procès les actes de l'agression sexuelle parfois pendant des heures ou des jours, mais aussi d'avoir des tribunaux plus à l'écoute, plus à même de réagir et d'empêcher de reproduire et de (re)traumatiser des victimes) et de prévenir les nombreuses "erreurs" judiciaires qu'elle recense. Elle recommande aussi de préparer les victimes aux procès et d'être honnête avec le déroulement des séances, en plus de recommander de pouvoir prendre des pauses plus fréquentes, et de questionner la pertinence de la présence des victimes dans de nombreuses parties du procès puisqu'il n'y en a pas la nécessité et cela peut juste desservir les victimes au niveau personnel et légal.

[Leom · Rating 5 out of 5]

This was a very carefully written and in my opinion, important and hopeful book. It confirmed a lot of my suspicions regarding how hard court proceedings are on SA complainants, and looking at the evidence was frustrating, to say the least.

Nonetheless, the suggestions the author made on how things can improve sound reasonable and realistic, and I’m hopeful that things can and will get better. :)

Highly recommend to anyone who is interested in the practice and adjudication of SA law in Canada.

[Julia O'Hanley]

Not giving this a rating as it is an academic book, but I will say that it is a worthwhile read if you practice or are interested in criminal law. It took me a long time to get through this book (I read about 1/3 of it on a plane last year and then didn’t pick it up for a year). Perhaps best read in smaller sections.

[Maria Gallant · Rating 3 out of 5]

A treatise on everything that can and does go wrong in sexual assault trials. Craig's writing a thorough examination if not a depressing read on the revictimizing and shaming of claimants brave enough to stand trial against seemingly insurmountable odds in the Canadian criminal justice system, a legal system that proves to be more harmful to victims that come forward than good. Despite the outrageous examples of cases presented in the book, if not to illustrate the point of how ridiculous victim's are treated, I read the book's central message as a beacon of hope for a criminal justice system to do better. As well as a tribute to the brave women (and men) who have the courage to withstand crushing bullying and humiliation tactics from the legal 'professionals' whose lack of common decency is thrown out the window and replaced with gladiator level of psychological posturing.

[Steve · Rating 5 out of 5]

This book added so much nuance to the discussions that I see online that I recommend reading this book before talking about sexual assault in relationship to Canadian law. It is necessary reading.

[Victoria Forbes · Rating 3 out of 5]

This was a book that I had to read for school only, but by the end I was quite grateful for having to read it. It had a lot of great defenses as well as perspectives that really made me stop and think for a second about different perspectives. The quotes from true sexual assault cases in the court system were difficult to read at times but very important in order to make the authors point.

The main reason that I gave it 3/5 stars would be because this form of book just really isn't for me. I simply prefer to have a story to follow along with rather than simply facts. I guess I'm just not a straight non-fiction reader.

[Heather · Rating 5 out of 5]

A thoughtful and comprehensive look at how the actors within the Canadian legal system are not living up to their duties in cases of sexual assault. The author has woven together an abundance of sources in making her point, including numerous trial transcripts and decisions. The conclusions that she's drawn are hard to refute, and the solutions that she proposes are equitable, reasonable, and, depressingly, often common sense.

A difficult but necessary book to read.

[Caitlin Merritt · Rating 5 out of 5]

Difficult but essential reading, especially for lawyers and judges. Anyone who purports to have an opinion on sexual assault law in Canada should be mandated to read this first.

Be warned: this book contains graphic descriptions of actual sexual assault, occasionally involving minors. It all comes directly from trial transcripts and reported decisions and is completely unedited.

[Sarah Winstanley · Rating 4 out of 5]

Really well researched and insightful book. I went into it knowing very little about sexual assault trials and feel like I know a lot more about the roles of defense lawyers, Crown lawyers and judges in this process. I appreciate the author´s attempt to explore what can be done to improve the experiences of sexual assault complainants within the current legal process.

[Rebecca Mac · Rating 5 out of 5]

An excellent legal perspective on rape culture. Accessible to non-lawyers such as myself, albeit with intense focus and close reading. Craig shows that it is the responsibility of the entire legal system to ensure that sexual assault cases are handled responsibly, respectfully, and ethically.

[Yan Gao · Rating 4 out of 5]

Give you sneak peak of what the criminal justice system is like in Canada and the reality of sexual assault offenses.

[Efrayim · Rating 1 out of 5]

Absolute hogwash.
My lengthy and careful critique here: https://efrayimmoldofsky.wordpress.co...

[Rochelle · Rating 2 out of 5]

This book is a must read for anyone who cares about how the legal system works in Canada .However this book is highly disturbing. It is infuriating that laws and protections that are supposed to be in place are constantly circumvented when it comes to complinants in domestic violence and sexual offence cases, arguably some of our most vunerable victims. This book will make you ask what you can do and spur you into action .This is about how victims are forced into court, their sexual history is brought into court in clear violation of the law , their mental health and counseling history and records are brought in in clear violation of the law , lawyers are allowed to repeadly ask any question they want in the cause of impeaching victims credability. This book made me throuw up about how victims are treated.

[Leah · Rating 4 out of 5]

Excellent examination of the system and the parties involved. Brave. Bravo!