Many defence lawyers treat abused women and children in the witness box brutally

Dear Editor,
We the women of Red Thread are very disturbed after reading the article in the Kaieteur News dated Tuesday, November 18, 2008 with the headline ‘Court frees man who raped, impregnated niece.’ We are appalled by the fact that the judge  had no choice but to dismiss the case because the victim did not want to give evidence against the perpetrator since he is her only source of income.
Again?

We need a justice system which allows the court to proceed even if the abused woman or child decides to back off for whatever reason.
We need other changes as well. Apart from changes in the laws that are already in hand we need more changes in the behaviour of the police so that victims don’t have to face the hassle, embarrassment and hostility at police stations that they still face.

And while we are on this subject, one of the biggest changes we need is a change in the behaviour of defence lawyers towards abused women and children who have the courage to go to court. Frankly, their behaviour – whether they are women or men − is often disgusting. We know that every person has a right to a defence and that the defence lawyers’ job is to defend their clients but we do not agree that lawyers should treat abused women and children in the witness box in the brutal way that some of them do.  People talk about deterring would-be criminals from committing crimes. The behaviour of too many defence lawyers in cases of sexual and other violence against women and children deters not criminals, but other abused victims from going to court. Who would want to proceed with the matter and relive the horror of the violence already suffered in a courtroom that is full of hostility? Except for those who have no heart, to see what these defence lawyers do to children, especially, is heartrending.

Our justice system needs to be transformed. We need a system that would provide a future for victims who are struggling to live as survivors and not remain victims.
Yours faithfully,
Nicola Marcus
For Red Thread