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Putting Trials on TrialSexual Assault and the Failure of the Legal Profession |
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An interrogation of sexual assault law and a legal process that traumatizes complainants.
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.
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.
Details
320 Pages, 6 x 9
ISBN 9780773552777
February 2018
Formats: Cloth, eBook
“Putting Trials on Trial is a riveting expose of criminal defence lawyers who regularly engage in aggressive and humiliating cross-examination, of crown attorneys who fail to meet their duties to complainants, and of judges who fail to intervene to prevent abusive cross-examination and who fail to properly apply substantive law. It is a must-read for those who seek to change the way that sexual assault law is practiced and adjudicated.” The Honorable Marie Corbett, Q.C., author of January: A Woman Judge’s Season of Disillusion
“Many of us struggle to understand what is going so disastrously wrong with sexual assault trials. For everyone who is distraught about this, and more so for those who are not, this book is a must read. Elaine Craig brilliantly interrogates how defense lawyers, Crown Attorneys, professional regulatory bodies, state-funded legal counsel, and judges contribute to the mess we find ourselves in and what we must do to change it.” Constance Backhouse, University of Ottawa, and author of Carnal Crimes: Sexual Assault Law in Canada, 1900-1975
"This spectacular, thoughtful, and hard-hitting book pushes all of us to reconsider the impact of trials on those caught up in the justice system. Elaine Craig has done us all a service. This is the most important book you'll see this year." Clayton Ruby, lawyer, activist, and member of the Order of Canada
"Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession - a rigorous and damning indictment of the justice and legal systems' handling of sexual-assault cases in Canada - was finished before the #MeToo and #TimesUp movements seized national headlines. But it is arguably now more relevant than ever. For actors in and outside the legal profession, there is no shortage of answers in Craig's excoriating study. This book will undoubtedly generate controversy as it delivers a verdict upon the Canadian legal system: guilty." The Globe & Mail
“A damning account of what goes on in Canadian courtrooms, filled with outrageous examples of misconduct by legal professionals, including judges, prosecutors, and defence lawyers. Craig has proven in this book what many women knew to be true already: sexual-assault trials are hellish, traumatizing experiences, and the fair dispensation of justice, in a society still steeped in a mistrust of women and women’s sexuality, is unlikely.” The Walrus
“Dalhousie law professor Craig’s impeccably researched book is an outstanding work that dovetails perfectly with the #MeToo movement. Craig skewers the still prevalent notion that Canadian sexual assault survivors enjoy a free pass in the courts. Combining academic rigor with an eminently readable style that is cohesive and fearless, Craig makes several proposals that would mitigate harm without impinging on the rights of the accused. This is a must-read title for judges, lawyers, politicians, courtroom staff, and anyone concerned about sexual Violence.” Publishers Weekly
“This thorough and convincing book should be required reading for students and practitioners of criminal law and for the law societies that govern professional conduct. It will be a useful resource for feminists concerned about the treatment of women in sexual assault trials and the psychology professionals who deal with the aftermath suffered by victims.” Quill & Quire
“Putting Trials on Trial provides a readable, though oftentimes disturbing, look at the Canadian criminal justice system’s problematic treatment of sexual assault. Craig’s book behooves the legal profession as a whole to think seriously about these recommendations.” Montreal Review of Books
“Craig unapologetically puts the legal profession on trial, while citing uncensored excerpts of court transcripts, so that the reader can see clear examples of both humane and inhumane treatment of sexual assault victims in court. Pages of detailed bibliographic notes follow the final chapter, reminiscent of a lawyer’s exhibit binder, and further demonstrate Craig’s thorough approach to tackling this sensitive topic.” LawNow
“Many of us struggle to understand what is going so disastrously wrong with sexual assault trials. For everyone who is distraught about this, and more so for those who are not, this book is a must read. Elaine Craig brilliantly interrogates how defense lawyers, Crown Attorneys, professional regulatory bodies, state-funded legal counsel, and judges contribute to the mess we find ourselves in and what we must do to change it.” Constance Backhouse, University of Ottawa, and author of Carnal Crimes: Sexual Assault Law in Canada, 1900-1975
"This spectacular, thoughtful, and hard-hitting book pushes all of us to reconsider the impact of trials on those caught up in the justice system. Elaine Craig has done us all a service. This is the most important book you'll see this year." Clayton Ruby, lawyer, activist, and member of the Order of Canada
"Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession - a rigorous and damning indictment of the justice and legal systems' handling of sexual-assault cases in Canada - was finished before the #MeToo and #TimesUp movements seized national headlines. But it is arguably now more relevant than ever. For actors in and outside the legal profession, there is no shortage of answers in Craig's excoriating study. This book will undoubtedly generate controversy as it delivers a verdict upon the Canadian legal system: guilty." The Globe & Mail
“A damning account of what goes on in Canadian courtrooms, filled with outrageous examples of misconduct by legal professionals, including judges, prosecutors, and defence lawyers. Craig has proven in this book what many women knew to be true already: sexual-assault trials are hellish, traumatizing experiences, and the fair dispensation of justice, in a society still steeped in a mistrust of women and women’s sexuality, is unlikely.” The Walrus
“Dalhousie law professor Craig’s impeccably researched book is an outstanding work that dovetails perfectly with the #MeToo movement. Craig skewers the still prevalent notion that Canadian sexual assault survivors enjoy a free pass in the courts. Combining academic rigor with an eminently readable style that is cohesive and fearless, Craig makes several proposals that would mitigate harm without impinging on the rights of the accused. This is a must-read title for judges, lawyers, politicians, courtroom staff, and anyone concerned about sexual Violence.” Publishers Weekly
“This thorough and convincing book should be required reading for students and practitioners of criminal law and for the law societies that govern professional conduct. It will be a useful resource for feminists concerned about the treatment of women in sexual assault trials and the psychology professionals who deal with the aftermath suffered by victims.” Quill & Quire
“Putting Trials on Trial provides a readable, though oftentimes disturbing, look at the Canadian criminal justice system’s problematic treatment of sexual assault. Craig’s book behooves the legal profession as a whole to think seriously about these recommendations.” Montreal Review of Books
“Craig unapologetically puts the legal profession on trial, while citing uncensored excerpts of court transcripts, so that the reader can see clear examples of both humane and inhumane treatment of sexual assault victims in court. Pages of detailed bibliographic notes follow the final chapter, reminiscent of a lawyer’s exhibit binder, and further demonstrate Craig’s thorough approach to tackling this sensitive topic.” LawNow
Elaine Craig is associate professor in the Schulich School of Law at Dalhousie University.
Acknowledgments | ix
1 Sexual Assault and the Legal Profession | 3
2 Pendulum Swings and Matriarchal Justice: Debunking Defence Counsel Myths | 24
3 A Kinder and Gentler Approach? Interrogating the Heroes of the Defence Bar | 61
4 The Sexual Assault Lawyer’s Justice Project | 100
5 The Role of the Crown in Sexual Assault Trials | 135
6 Judging Sexual Assault Trials | 167
7 Judicial Error in Sexual Assault Cases | 191
8 We Owe a Responsibility … | 219
Notes | 229
Index | 301
1 Sexual Assault and the Legal Profession | 3
2 Pendulum Swings and Matriarchal Justice: Debunking Defence Counsel Myths | 24
3 A Kinder and Gentler Approach? Interrogating the Heroes of the Defence Bar | 61
4 The Sexual Assault Lawyer’s Justice Project | 100
5 The Role of the Crown in Sexual Assault Trials | 135
6 Judging Sexual Assault Trials | 167
7 Judicial Error in Sexual Assault Cases | 191
8 We Owe a Responsibility … | 219
Notes | 229
Index | 301
Review by Haley Ryan for The Star Halifax
Op-ed by Elaine Craig in the Globe and Mail
Publisher's Weekly starred review
The Globe and Mail review by Maggie Rahr
The Walrus review by Seila Rizvic
Quill & Quire review
Segment on Ici-Radio-Canada's Plus on est de fous, plus on lit!
Review by Erin MacLeod for Montreal Review of Books
Op-ed by Elaine Craig in the Globe and Mail
Publisher's Weekly starred review
The Globe and Mail review by Maggie Rahr
The Walrus review by Seila Rizvic
Quill & Quire review
Segment on Ici-Radio-Canada's Plus on est de fous, plus on lit!
Review by Erin MacLeod for Montreal Review of Books
