Thursday, October 12, 2017

False Equivalency and Bias

Those of us litigating intimate partner abuse cases have been privy to the tactic of false equivalencies as a means of protecting male privilege.  One particularly vexing case I tried resulted in extensive findings of the husband's abuse of the wife.  The judge found also that the wife had been inhospitable to her mother-in-law.  The latter finding was justification for the judge to ignore the abuse in fashioning remedies.  Consequently, the husband's abusive behavior remained unconsidered when the judge gave unfettered access to the children.  This is not an isolated case.  In both petitions for civil protection orders and family law decisions, courts fail to protect partners and children if the abused partner failed to behave in the perfect, mythical manner embedded in the judge's stereotypes.  In these cases, false equivalency is used to protect white male privilege.  The faulty premise can also be used as a sword.

The same discriminatory technique plays out in race cases, as well.  A particularly shocking example happened this week in Virginia.  A magistrate issued a warrant for DeAndre Harris, a black man who had been viciously beaten by white supremacists following a  "Unite the Right" rally.  Mr. Harris suffered spinal injuries and a head wound requiring ten stitches.  Then a man who claims to be an attorney and a "Southern Nationalist" filed a police report and then a request for a warrant for the arrest of Mr. Harris alleges "unlawful wounding", a felony.  In Virginia a magistrate may issue the warrant, even where, as in this case, a police investigation is complete.   As in civil protection order hearings where abusers file retaliatory petitions for protection orders, the goal is to discredit the victim.  An additional benefit is the victim's reluctance to appear in court given that the victim could have adverse consequences.  Dropping the cross complaints is often the result, leaving the victim unprotected and reluctant to seek future help. 

My sense is that this is the goal of the white supremacist.  While three men have been arrested for beating Mr. Harris, cross charges will adversely impact any jury.  Confusion and reluctance to convict will result.

This is the time for courageous prosecutors and police to step up and request dismissal of the charges for lack of evidence and because the allegations are retaliatory.  

 

 

http://lawprofessors.typepad.com/human_rights/2017/10/false-equivalency-and-bias.html

Gender Oppression, Gender Violence, Margaret Drew, Race | Permalink

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