
Friday, July 30, 2010
Knowledge is power.

Saturday, August 15, 2009
Is it the legal system, lawyers and judges or the media and reporters who are sexist?
Were those who attacked the judge for the sexism of his remarks too quick to react, too eager to separate some choice words from the context of all that was said about the credibility of witnesses in this case?Justice Douglas Cunningham's decision regarding the testimony of MPP Lisa MacLeod (Nepean-Carleton) trickled out this week in stages. By week's end, it had become a sort of Rorschach Test on women's lib, a la 2009.
The Progressive Conservative MPP had testified in the influence-peddling trial of Ottawa Mayor Larry O'Brien. In his decision this month dismissing the charges, Cunningham said that he assigned "little weight" to MacLeod's "imprecise" recollections.
And then, this:
Antonia Zerbisias makes the connection with this case and that of a woman who filed a suit against Carleton University for similar reasons. When I did an internet search about the Stamford case, I found a discussion on this board which was quite illuminating. Although the participants approached the issues from divergent perspectives, all agreed that she had been the target and the victim of a heinous crime. Her assailant was tried, found guilty and is now in prison serving his sentence.A [Stamford CT] hotel being sued by a woman raped at gunpoint in its parking garage is claiming she was careless, negligent and "failed to exercise due care for her own safety and the safety of her children and proper use of her senses and facilities," according to court documents.
The victim's attorneys also argue the hotel has inadvertently identified her to acquaintances by asking them to testify.
The Stamford Marriott Hotel & Spa, along with the firms in charge of managing the hotel and its parking garage, made the claim as part of a list of special defenses filed in state Superior Court in Stamford last month. Such defenses allow defendants in civil suits to argue they are not responsible for damages even if the plaintiff's story is true.
But the civil suits are a different kettle of fish, as both victims are seeking compensation for the harm they suffered. Their lawyers are trying to make a case that their clients would not have been victimized if not for the negligence and/or lack of due diligence on the part of Marriott and Carleton University respectively, in the matter of providing adequate security on their premises.
In response, these two corporations are counter-attacking in order to protect their assets and to avoid paying out thousands of dollars. The tactics deployed by their lawyers is to claim that the victims themselves can be held accountable for their plight, simply because they chose to be in a location where violent sexual predators happened to find them as they prowled for potential victims.
Sad to say, the legal system is based on this type of adversarial confrontation and thus once more, a judge will determine the outcome of these cases, based on the argumentative skills of the lawyers for the parties involved.
This year I will be making a charitable donation to the National Association for Women and the Law. Without feminist law scholars and professional practitioners who dedicate themselves to reforming the legal system, Canada would still have laws not that different from those being enacted in Afghanistan. The judeo-christian traditions that justified such laws would certainly not outrage groups like the REALwomen and various conservative, rightwing, and fundamentalist religious astro-turf interests who lobbied the Harper government to cut funding to N.A.W.L. in 2006.
How much progress have we made, with respect to values that inform the legal system, since that moment in 1979 when judges of Federal Court of Appeal and Supreme Court of Canada concluded that “any inequality between the sexes in this area is not created by legislation but by nature” ?
Wednesday, May 27, 2009
More fundamentalist religious child abuse.
Inside the grand ballroom of the Midtown Hilton in Manhattan, Agudath Israel of America's annual dinner was unfolding according to plan. Men and women dressed in traditional yet elegant clothes dined on salmon and listened to Senator Charles Schumer and Mayor Michael Bloomberg pledge their fealty.
Outside, a storm was brewing. A dozen protesters stood in front of the Hilton's parking garage and waved signs that said "Agudah: Stop protecting pedophiles." Most attendees waved off the protesters or ignored them with a look of distaste.
But Agudath board of trustees member Israel Lefkowitz rolled down his car window to chastise the protesters. "I am against sexual harassment for all the children," Lefkowitz said. "But you don't do this in public."
The angry exchange outside the annual dinner May 15 for Agudath Israel, a national ultra-Orthodox umbrella group, encapsulates the escalating battle within the Orthodox community over sexual abuse of children by rabbis, yeshiva teachers and other religious authority figures.
On one side, a band of loosely organized victims of sexual abuse and their supporters are crying out for community leaders to take a tougher stand against pedophilia. On the other side, many powerful leaders regard any public airing of sexual abuse allegations in the Orthodox community as hillul Hashem, a desecration of God's name.
One of the protesters, Mark Appel, yelled at Lefkowitz in his car: "Your children are being molested, and you know that [names of officials from Agudath] are not doing anything about it."
The protesters' ire was aimed at Agudah's opposition to a bill now before the state Legislature that would extend the statute of limitations for civil and criminal claims of child sexual abuse and create a one-time, one-year "window" during which victims of crimes committed beyond the statute of limitations could file civil claims against their alleged abusers and the institutions that harbored them. ...
Agudah's official position is that it supports lengthening the statute of limitations, but opposes the one-year window because it could allow plaintiffs to file decades-old claims.
"Reasonable people can disagree on this," Agudah spokesman Rabbi Avi Shafran said inside the dinner hall. "We have no problem with extending the statute of limitations, we have no problem with anything preventative, we only have problems with the so-called 'window' provision."
Rabbi Yaakov Perlow, the Novominsker Rebbe and Rosh Agudath Israel of America, took a harsher tone in his dinner address, chiding "the bloggers and the picketers, presumptuous promoters" for the notion that "they know better [than Agudah's Council of Torah Sages] what is good for the Jews." Perlow called child sexual abuse "a serious issue." He acknowledged a need "for correcting the past - and for addressing the future, creating means to guide against wrongdoing to children."
The protesters find Agudah's statements short on specifics. They accused Agudah of a conflict of interest. The organization is named as a defendant in sex-abuse lawsuits involving Rabbi Yehuda Kolko, accused of molesting dozens of students, including boys at an Agudah-run summer camp, and would likely face more lawsuits if the window legislation passes.
Tuesday, November 18, 2008
Expediency trumps accountability and compassion.