In episode 4 we’re looking at what it takes to get a verdict of Guilty or Not Guilty and what it means.

The Defendants is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

SHOW NOTES:

Thanks for listening and being a part of this conversation. This is a completely grassroots, independent project and our ability to continue depends on your support.

Subscribe to our Substack for additional content and please consider making a one time donation here. Any amount will help us continue.

It also helps to subscribe to this show and share it with a friend! Help grow the conversation.

Get in Touch!

If you have questions or ideas about the show we’d love to hear them!

Email us at defendantspodoutreach@protonmail.com

You can also find us on instagram: we’re @thedefendantspodcast and Jane is @jane_aster_roe

If you want Jane to appear on your show, email Dalton Higgins at daltonhigginspr@gmail.com.

Key Topics

1:00 - The numbers: 2 guilty verdicts out of 1,000 assaults1:25 - Guilty vs not guilty: what the terms mean1:42 - Beyond all reasonable doubt4:03 - Narratives that can be created around facts6:04 - What is considered evidence?7:32 - Why do prosecutors drop cases?9:04 - The odds of winning sexual assault cases10:48 - Jury bias, victim performance, trauma from trial13:27 - Speedy trial law and stayed charges16:35 - When the legal outcome doesn’t match evidence of harm

Resources:

* SA Survivor Resource Document - This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document.

The following links are core references and sources for this episode.

* Recent trends in police-reported clearance status of sexual assault and other violent crime in Canada, 2017 to 2022 by Shana Conroy

* Sexual Assault Representation in Canada

* Women’s Experiences of the Barriers to Reporting Sexual Assault by Alana Prochuk

* Criminal Victimization in Canada, 2019

* Criminal justice outcomes of police-reported sexual assault in Canada, 2015 to 2019

* Integrated Criminal Court Survey, 2022/2023

* Adult criminal courts, number of cases and charges by type of decision

Quote sources:

“2 in 1000” Breakdown: How We Arrived at Our Example

“60 victims will report. 940 will not.”

This number comes from the average of 94% of people not reporting their sexual assaults to the police meaning that only 6% of assaults are reported. 6% of 1000 is 60.

“20 reports will lead to criminal charges.”

Sourced from 33% of cases reported to police on average result in charges.

“4 charges make it to trial. 16 will be dropped by prosecutors”.

In this report, 80% of reports are dismissed. 80% of 20 is 16, 4 remain.

“2 trials will result in a guilty verdict.”

50% of cases that make it to trial get a guilty verdict.

“Guilt, shame, and there’s not a lot of faith in the system (it’s estimated that only 6% of sexual assaults in Canada are reported to police).”

Recent trends in police-reported clearance status of sexual assault and other violent crime in Canada, 2017 to 2022 by Shana Conroy

“In 2022/2023 out of 5541 sexual assault cases brought to Canadian prosecutors, 623 resulted in a guilty verdicts, including guilty pleas, 413 resulted in a not guilty verdicts and 4437 were stayed or withdrawn which is 80.07% of cases.”

Integrated Criminal Court Survey, 2022/2023

“Marsha Lederman wrote this article where she said in sex crime trials the legal outcome doesn’t always match the evidence of ugly behaviour.”

Marsha Lederman article

Additional References:

Beyond surveys and scales: How rape myths manifest in sexual assault police records by Jessica Shaw; Rebecca Campbell; Debi Cain; Hannah Feeney 

A University of Toronto study regarding police investigation related to SA.

Most criminal cases in Ontario now ending before charges are tested at trial by Nicole Brockbank, Sarah MacMillan

A CBC article from 2024 about criminal cases ending before charges are tested in trial.

Three women speak: The trauma of being a victim-survivor in the court system by Neha Kale

The Guardian article

Video Links:

CBS report of a Maryland teacher who is found not guilty on 18 assault counts.

Youtube (CBS News Baltimore): Link

The not guilty verdict of Mario Batali’s sexual assault trial.

Youtube (CBS Boston): Link

The report of Jian Gomeshi’s not guilty verdict.

Youtube (The National): Link

Defense attorney Mike Kruse in his own words about the odds of success in accusations against sexual assault.

Youtube (Kruse Law): Link

The signing of the Rape Shield Law by Lieutenant Governor Diane Primavera.

Youtube (9News): Link

Daniel Sloss comedy special segment about rape culture and men’s role within.

Youtube (NowThis Impact): Link You can also watch the full special on HBO/Crave

Music:

Our theme is Isolation Waltz by Bryan Teoh

Other music appearing in this episode:

Touching Piano Improvisation by unfa

Going Home by Pete Kneser

A Dream of a Waltz by Bjorn Lynne

Strings tune-up (harmonics) by camel7695

Pretty Pluck Sound by memz

Lost Souls by Aaron Saloman

Bleu by Komiku

Full Team:

Jane Aster Roe - Executive Producer, Host

Rachel Arundel - Executive Producer

Katie Jensen - Executive Producer, Editor, Sound Designer

Jessica Strachan - Story Producer

Charlotte Gregg - Research Producer

Isis Madrid - Editor, Sound Designer

Rachel Bromberg - Fact Checker

Dawson Fleming - Production Assistant

Michelle Crossman - Mental Health Consultant

Lindsey Keene - Outreach Coordinator

Cheryl Grossman - Legal

Dalton Higgins - Publicity

Lindsey Keene, Rachel Arundel, Dawson Fleming, and Mackenzie Langdon - Voice Actors

The Defendants is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

In episode 3 we’re looking at what makes an ideal victim in the eyes of the law, and society, and who is more likely to be believed.

The Defendants is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

SHOW NOTES:

Thanks for listening and being a part of this conversation. This is a completely grassroots, independent project and our ability to continue depends on your support.

Subscribe to our Substack for additional content and please consider making a one time donation here. Any amount will help us continue.

It also helps to subscribe to this show and share it with a friend! Help grow the conversation.

Get in Touch!

If you have questions or ideas about the show we’d love to hear them!

Email us at defendantspodoutreach@protonmail.com

You can also find us on instagram: we’re @thedefendantspodcast and Jane is @jane_aster_roe

If you want Jane to appear on your show, email Dalton Higgins at daltonhiggins@gmail.com.

Key Topics

0:11 - The week before Jane’s case went to trial1:57 - The damsel in distress archetype3:17 - Nils Christie’s ideal victim theory4:51 - Phil’s story: when male survivors are dismissed8:00 - Ann’s case: when victims don’t fit the mold9:34 - Race and credibility11:03 - Vanessa’s story: when assumptions are made12:25 - Lem’s experience: becoming your own advocate13:06 - Mental illness and credibility18:40 - Why the “perfect victim” stereotype is a trap

Resources:

* SA Survivor Resource Document - This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document.

The following links are core references and sources for this episode.

* The Ideal Victim by Nils Christie

* Black Women and Sexual Assault (2018)

* Recognizing the expertise of Black, Indigenous and people of color communities in sexual violence support work and violence prevention

* Missing White Woman Syndrome Demeans the Value of All Women: Part Two

* Sexual Violence in the Lives of African American Women by Carolyn M. West and Kalimah Johnson

* RAINN

* Government of Canada Infographic / Police-reported sexual assaults in Canada, 2009 to 2914: A statistical profile

Quote sources:

“the Rape Abuse and Incest National Network estimates that 8 out of 10 assaults are committed by someone known to the victim.” RAINN

“Among sexual assaults where an accused was charged by the police, 87% of victims/survivors knew their assailant.”

Government of Canada Infographic / Police-reported sexual assaults in Canada, 2009 to 2914: A statistical profile

“Black woman are disproportionally at risk of sexual violence. According to the National Black Woman’s justice institute, Close to 1 in 5 Black women are survivors of rape, and 41% of Black women experience sexual coercion and other forms of unwanted sexual contact.”

“Additionally the justice system, which is deeply racist in its founding, is hostile to black folks, and makes it extremely hard for black women to report”

“In fact, during the 1800s some rape laws were race-specific.”

“Lynching, castration, and incarceration were possible penalties for a Black man who was accused or convicted of raping a White woman. In contrast, there were no legal sanctions for White men who raped Black women. Also, the legal system did not punish intraracial rape.” - From source

“There’s also the stereotype of the strong Black woman, which makes it hard for people to ever see them as victims.”

“But despite being at higher risk, they are less likely to be believed. Black women are seen as promiscuous, and have been hypersexualized for centuries, which leads to people believing they invited sexual violence.”

“African American sexual assault survivors face multiple barriers to disclosure. These challenges include: rape myth acceptance that fosters self-blame; the internalization or fear of reinforcing the image of Black women as sexually promiscuous Jezebels; and the cultural mandate that survivors should be “Strong Black Women” who are able to handle trauma without assistance.”

Sexual Violence in the Lives of African American Women by Carolyn M. West and Kalimah Johnson

Additional References:

Male Victims of Sexual Assault: A Review of the Literature by John C. Thomas, Jonathan Kopel

The episode mentions briefly the disparity between reports and perception concerning male presenting and female presenting victims. This review is an extensive source for information on the subject.

A Second Gaze at Little Red Riding Hood’s Trials and Tribulations by Jack Zipes

An essay examining multiple publications of the classic folk tale and its steeped history in assault allegory and male centered morals

The Sexual Abuse to Prison Pipeline by Malika Saada Saar, Rebecca Epstein, Lindsay Rosenthal, Yasmin Vafa

This report goes into how girls of colour are much more likely to be victims of sexual abuse, and are, in many cases, arrested and put in prison, instead of being treated as the victims they are

Historical Roots of Sexualization of Black Women and Girls by The Blackburn Center

The Missing and Murdered Indigenous Woman’s Resource Guide from the Canadian Museum of Human Rights

Violence is Not the Answer to Violence: Lawyer Makes Case for Abolition Feminism in New Book by Rebekah Barber

Hood Feminism: Notes from a Woman that the Movement Forgot by Mikki Kendall

Essential reading for pulling back and understanding core, intersectional feminist theory and demands, which is very helpful when you’re attacking a systemic problem like sexual violence

The Cultural Betrayal of Black Women and Girls: A Black Feminist Approach to Healing From Sexual Abuse by Jennifer M Gómez

Framework for understanding the impact of violence against marginalized individuals.

Erased: What American Patriarchy Has Hidden From Us by Anna Malika Tubbs

Anna Malika Tubbs walks through how patriarchy works in tandem with other systems of power and oppression to bring us to the world we live in today, and clearly lays out how these systems harm all of us.

Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism by Leigh Goodmark

An investigation into how the carceral system criminalizes survivors who don’t fit the ideal victim framework, and an argument for abolition

Music:

Our theme is Isolation Waltz by Bryan Teoh

Other music appearing in this episode:

Suspense of Lights by: Rafael Krux

Minimalist Vibraphone Ambience by xkeril

Visiting Fairy Land by Sound Ideas

Celestial Melody by waxsocks

Nostalgic Piano by Rafael Krux

Unravelled by Peter William Kneser

Touching Piano Improvisation by unfa

Bleu by Komiku

Full Team:

Jane Aster Roe - Executive Producer, Host

Rachel Arundel - Executive Producer

Katie Jensen - Executive Producer, Editor, Sound Designer

Jessica Strachan - Story Producer

Charlotte Gregg - Research Producer

Isis Madrid - Editor, Sound Designer

Rachel Bromberg - Fact Checker

Dawson Fleming - Production Assistant

Michelle Crossman - Mental Health Consultant

Lindsey Keene - Outreach Coordinator

Cheryl Grossman - Legal

Dalton Higgins - Publicity

Kathlyn Gardner - Events

Dawson Fleming and Lindsey Keene - Voice Actors

The Defendants is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

In episode 2 we’re trying to understand how we can better insert victims rights into the legal process… without superseding the rights for accused individuals.

The Defendants is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

SHOW NOTES:

Thanks for listening and being a part of this conversation. This is a grass roots, independent project and our ability to continue depends on your support. Subscribe to our substack for additional content and consider making a one time donation here.

Get in Touch!

If you have questions or ideas about the show we’d love to hear them! Email us at defendantspodoutreach@protonmail.com You can also find us on instagram. We’re thedefendantspodcast and Jane is jane_aster_roe

If you want Jane to appear on your show email Dalton Higgins at daltonhiggins@gmail.com

Key Topics:

0:10 - Accused rights and victim rights3:56 - Jane’s police interview6:32 - Understanding legal terminology: complainant, defendant, accused7:51 - Who supports victims through the system11:02 - Shannon’s story: the permanence and power of a statement12:07 - Cross-examination and victim preparation15:18 - Defence lawyer perspectives20:16 - Striking a balance between accused and complainants’ rights

Resources:

SA Survivor Resource Document

This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document.

Source Links:

Rights on Being Arrested - Canada

Rights on Being Arrested - USA

Victims Rights - Canada

Victims Rights - USA (note this is Federal - may vary state to state)

Information about Victim Services in Canada

Information about Victim Services in America

Useful Information About the Process Compiled by Toronto Metropolitan University

Including:

A pamphlet on navigating the process that walks you through every step.

Further information on your rights including Publication Bans which is the term used to describe when Courts are ordered to protect the identities of those involved in cases.

The Civil Case Challenging Jordan’s Law (the right to a speedy trial) in Ontario.

Report on How Jordan’s Law (Right to a Speedy Trial) Effects Survivors of SA

This page of the Government of Canada website is a report of sorts on Jordan’s Law. It includes statistics on recent stayed trials pertaining to SA and recommendations for change.

Dr. Elaine Craig’s Book: Putting Trials On Trial:

Sexual Assault and the Failure of the Legal System

A lot of good information about how trials work, and what rules defence lawyers and prosecutors have to follow is in this book.

Book Link

Robyn Doolittle’s Book: Had it Coming: Rape Culture Meets #MeToo. Now What?

Explores the issue of consent and how legal actors respond to it.

Book Link

Michelle Alexander’s Book:

The New Jim Crow: Mass Incarceration in the Age of Colorblindness

As we look at sexual assault cases, it’s equally important to remember that the justice system has a huge racial and class problem, and we must avoid unintentionally removing rights that will further this problem while we work to improve the experience of victims.

Book Link

Jeffery Bradley Article, “The criminal justice system is retraumatizing victims of violent crime”

The Conversation

Three Women Speak, The Trauma, Humiliation, and Shame of Being a Victim Survivor in the Justice System

As told to Neha Kale

The Guardian Australia

The quotes in this episode are from Amira and Amanda.

Video Links:

A montage of “unforgettable moments” from legal drama, Suits

The clip we use is from Season 5 Episode 14 Titled: Self Defense

Actors heard: Leslie Hope, Gabriel Mact, Tom Lipinkski,

Youtube (Peacock): Link

Mike Kruse on his approach to cross examination.

Youtube (Kruse Law): Link

A Canadian woman’s experience with the justice system. (From the pilot)

Youtube (CBC News: The National): Link

Who Cares? Ep #23 About Criminal Defense Lawyers with Ryan Handlarski

Youtube (WiCCD - Women in Canadian Criminal Defence): Link

Music:

Our theme is Isolation Waltz

By: Bryan Teoh

Youtube (No Copyright Background Music): LINK

Other songs used this episode include:

Black and White

By: Pete Kneser

SoundDogs: LINK

Modular Spring Jazz

By: gis_sweden

Freesound: LINK

Dawn Dawn Dawn

By: levelclearer

Freesound: LINK

Strings tune-up (harmonics)

By: camel7695

Pixabay: LINK

Bleu

By: Komiku

FMA: LINK

Full Team:

Jane Aster Roe - Executive Producer, Host

Rachel Arundel - Executive Producer

Katie Jensen - Executive Producer, Editor, Sound Designer

Jessica Strachan - Story Producer

Charlotte Gregg - Research Producer

Isis Madrid - Editor, Sound Designer

Rachel Bromberg - Fact Checker

Dawson Fleming - Production Assistant

Michelle Crossman - Mental Health Consultant

Lindsey Keene - Outreach Coordinator

Cheryl Grossman - Legal

Dalton Higgins - Publicity

Kathlyn Gardner - Events

The Defendants is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

In episode 1 we take a look at First Encounters - with the justice system problem, with telling someone, and with the law. We’re looking beyond the headlines to the root issues underneath, and we’re exploring the first step in the process for victims - disclosure and the decision to go to the police. Featured in this episode is radio host Shannon Burns, and expert Dr. Elaine Craig.

The Defendants is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

SHOW NOTES:

Thanks for listening and being a part of this conversation. This is a completely grass roots, independent project and our ability to continue depends on your support. Subscribe to our substack for additional content and please consider making a one time donation here. Any amount will help us continue.

It also helps to subscribe to this show and share it with a friend! Help grow the conversation.

Get in Touch!

If you have questions or ideas about the show we’d love to hear them! Email us at defendantspodoutreach@protonmail.com You can also find us on instagram. We’re thedefendantspodcast and Jane is jane_aster_roe

If you want Jane to appear on your show email Dalton Higgins at daltonhiggins@gmail.com

Key Topics

0:16 - Jane’s personal disclosure story2:13 - Headlines of the #MeToo Era3:20 - Sexual assault statistics and underreporting5:32 - The justice system is not broken (because it has never worked)7:17 - Shannon’s story: breaking five years of silence11:32 - Riley’s experience: deciding not to go to the police after experiencing grooming12:20 - Georgia’s experience: deciding not to go to the police after experiencing molestation12:58 - Cait’s experience: eight years in the system13:45 - Victims’ understanding of the legal system15:17 - Getting independent legal advice18:42 - What needs to change?

Resources:

SA Survivor Resource Document

This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document.

The following links are core references. They are where our stats come from and our definitions of sexual assault.

National Sexual Violence Resources Center - Statistics

Government of Canada Infographic: Sexual Violence

World Health Organization - Violence Against Women Fact Sheet

Rainn - Statistics: Victims of Sexual VIolence

JustFacts - Sexual Assault

Black Women and Sexual Assault PDF

National Black Women’s Justice Institute - Black Women, Sexual Assault, and Criminalization

JustFacts - Victimization of Indigenous Women and Girls

UCLA School of Law Williams Institute - Transgender people over four times more likely than cisgender people to be victims of violent crime

National Library of Medicine: Unfounded Sexual Assault: Women’s Experiences of Not Being Believed

Reporting to Police and Investigations

Victims of Crime Research Digest, Issue No. 6

This survey example includes information on reports statistics, demographic statistics, the victims’ trust in the police, and the collective urgency that survivors gain an understanding of the justice system if they are considering reporting.

Criminal victimization in Canada, 2019

This is an extensive source on a broad range of “criminal victimization” that includes notable statistics on sexual assault including disproportionate percentages between genders, rates of report, and the surveyed reasons for report or lack thereof

Sources:

National Sexual Violence Research Center

“It’s estimated that between 1 in 3 and 1 in 5 women will experience attempted or completed rape during their lifetime”

Website Source: LINK

The National Center on Violence Against Women in the Black Community

“Black and indigenous women are disproportionately at risk, with studies showing between 40-60% of black girls are subject to sexual coercion before the age of 18.”

Website Source: LINK

Just Facts: Victimization of Indigenous Women and Girls

“Indigenous women’s reported rates of rape tripple white womens.”

Website Source: LINK

RAINN

“Between 1 in 7 and 1 in 10 men will experience attempted or completed rape, most often perpetrated by other men.”

Website Source: LINK

Unfounded Sexual Assault: Women’s Experiences of Not Being Believed by the Police

“…the overwhelming majority of people are not reporting their assaults to the police so these numbers may be higher.”

“A very, very small fraction of, of people who experience harmful sexual behavior make the decision to come forward to the police.” - Dr. Craig

By: Jodie Murphy-Oikonen, Karen McQueen, Ainsley Miller, Lori Chambers, Alexa Hiebert

Website Source: LINK

Government of Canada: Age of Consent to Sexual Activity

“A person under 18 cannot consent to sexual activity.”

Website Source: LINK

Statistics Canada: Criminal victimization in Canada, 2019

“Statistics Canada estimates 94% percent of sexual assaults are not reported to the police.”

By: Adam Cotter

NOTE: This report is no longer on Statistics Canada. You can use the wayback machine to find the same report by clicking the link below.

Website Source: LINK

Additional References:

Tarana Burke

The activist who started Me Too, an activist group to support survivors of sexual violence in 2006, who’s phrase was then adopted widely in 2018.

Here’s an amazing profile of her by Emma Brockes in the Guardian

Megan Twohey and Jodi Kantor

These New York Times Reporters broke the story on Harvey Weinstein that started the MeToo movement.

They wrote a book about that process called She Said.

Dr. Elaine Craig

A professor of Law at Dalhousie University.

Read her book Putting Trials on Trial: Sexual Assault and the Failure of the Legal System

Videos Link:

Sean Combs found not guilty of his three most serious charges

Youtube (ITV News): Link

2018 World Junior players found not guilty

Youtube (CityNews): Link

Jian Ghomeshi found not guilty on all charges - news report

Youtube (CTV News): Link

Harvey Weinstein’s 2020 rape conviction overturned. What’s next in the case?

Youtube (CBS New York): Link

Jian Ghomeshi found not guilty on all charges - prosecutor call for more victims

Youtube (CTV News): Link

Music:

Our theme is Isolation Waltz

By: Bryan Teoh

Youtube (No Copyright Background Music): LINK

Strings tune-up (harmonics)

By: camel7695

Pixabay: LINK

Pretty Pluck Sound

By: memz

Freesound: LINK

Nostalgic Piano

By: Rafael Krux

Soundcloud: LINK

Bleu

By: Komiku

FMA: LINK

Full Team:

Jane Aster Roe - Executive Producer, Host

Rachel Arundel - Executive Producer

Katie Jensen - Executive Producer, Editor, Sound Designer

Jessica Strachan - Story Producer

Charlotte Gregg - Research Producer

Isis Madrid - Editor, Sound Designer

Rachel Bromberg - Fact Checker

Dawson Fleming - Production Assistant

Michelle Crossman - Mental Health Consultant

Lindsey Keene - Outreach Coordinator

Cheryl Grossman - Legal

Dalton Higgins - Publicity

Kathlyn Gardner - Events