NCJ Number
196392
Journal
Judical Officers' Bulletin Volume: 14 Issue: 6 Dated: July 2002 Pages: 41-44
Date Published
July 2002
Length
4 pages
Annotation
This article discusses the response of the legal system to Aboriginal women who are victims of sexual abuse.
Abstract
In the past, Aboriginal women were assumed to be inferior and subservient to Aboriginal men. Aboriginal women are misrepresented as victims in their own society, seen as slaves or beasts of burden. Outside observers did not understand the social power that Aboriginal women helped secure by their labor. The sexual abuse and exploitation of Aboriginal women contributed to the bonding of white men on the frontier. Ready access to Black women was one of the attractions of outback life. Aboriginal women were forcibly abducted in all parts of Australia. Burdened by a socioeconomic position inherited by their gender, race, and class, Aboriginal women often found themselves in a position of cyclical poverty. Aboriginal women are significantly over-represented in Australian homicide statistics. They are more likely to be killed by intimate partners than non-Aboriginal victims. Most of the Aboriginal survivors of sexual assault did not formally report the crime because of fear of repercussions or police violence. Another reason was the fear of not being believed. The legal system can be complicit in the subordination of Aboriginal women. This is especially true in the attitudes that its institutions and agents exhibit towards Aboriginal women. Police officers have been implicated in the sexual assault of Aboriginal women in custody, and police were reluctant to pursue complaints made by Aboriginal women. Police handle complaints with racism, appear indifferent to the incident, and show clear signs of not believing the victim. Aboriginal women may still have to encounter racially biased attitudes in court. White male judges have been known to accept claims of Aboriginal women’s devalued sexuality. The role of the judiciary is to decide the cases before them with due diligence. Aboriginal women should not have to pay a higher price than they already have for colonization. 31 endnotes