The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Judith Lewis HermanRead
The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men. It therefore provides strong guarantees for the rights of the accused but essentially no guarantees for the rights of the victim. If one set out by design to devise a system for provoking intrusive post-traumatic symptoms, one could not do better than a court of law.
Interpretation
The legal system often fails to protect marginalized groups from male dominance and can exacerbate trauma for victims.
Judith Lewis Herman critiques the legal system, arguing that while it is structured to safeguard individuals against state power, it inadequately defends women and children from male violence. The system's focus on the rights of the accused often comes at the expense of victims, creating an environment that can worsen their trauma rather than provide justice or healing.
In practice
During a discussion on gender-based violence and legal protections at a conference.
The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Over time as most people fail the survivor's exacting test of trustworthiness, she tends to withdraw from relationships. The isolation of the survivor thus persists even after she is free.
... in practice the standard for what constitutes rape is set not at the level of women's experience of violation but just above the level of coercion acceptable to men.
The prosecution has an ethical duty to ensure not just that they get a conviction when the defendant is guilty, but also to ensure that they get it by means of fair trial, and that means a fair trial for the defense as well as the prosecution.
Justice, even if slow, is sure.
The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.
The people who have been unjustly disenfranchised by our criminal justice system and the people who daily fight for them always have, and always will be, the inspiration and focus of my efforts.
I appreciate our government's determination to investigate the circumstances surrounding the death of the Bytyqi brothers, which Serbia's Interior Minister has rightly called 'an exceptionally serious crime,' and hope the Serbian government's pledge of full cooperation... is matched by a final accounting of their murder.
Mass incarceration and its never-ending human toll will be with us until we come to see that no crime justifies permanent civic death.
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