You say that now….
Even the beagle is snickering. Ever seen a beagle snicker?
I read Shannon Ashley’s article, or at least one of them. I don’t think she cares about legalities. It’s kind of a different argument now. There is an argument to be made outside the case about the misogyny surrounding the case and how hard it is to prove DV because it’s always behind closed doors and there’s rarely any evidence. If there is evidence, like those damning texts, it’s rarely enough. It’s always explained away and shrugged off.
“Beyond a reasonable doubt" shouldn’t apply in civil cases. And you’re right, it’s a Catch-22 about admitting past behavior in court. Without that pattern of behavior, you can’t prove DV rather than a single fight “that got.out of hand". He/She is very sorry, they were drunk, you know how it is, they’ll never do it again. With it, we’re back to victim blaming rape survivors. Oh joy.
You know my thoughts on this. Our legal system is ill equipped to deal with sex crimes, and cases of abuse. No one wins, even partly. Everyone loses. As long as that’s the case, there’s no justice for anyone swept up into it, be they victim, perpetrator, or both.
Knowing that, isn’t it reductive to insist on staying inside the legal margins at all costs? Just because something is legal, doesn’t mean it is moral, equitable, accurate, helpful, or just.
Shashleys make some good arguments about whether or not he is abusive. They don’t generally make good legal arguments.
You make good legal arguments that the trial ended as it should. You might be overly focused on legal semantics, to the exclusion of the realities of DV.
Because it’s so hard to “prove", at some point we have to use common sense and look for presence of indicators. We all know what they are.
Between the two of them, those indicators are there in spades. On both of them. No trial or legal back and forth is designed to handle that within its own system of rules.
And again, if rape and abuse survivors ever felt like they got a fair or decent shake from the legal system, no one would be making arguments around it. But that’s not reality. The legal system has failed marginalized peoples and abuse survivors since it’s inception.
To be fair, although I’ve always held this view (at one point I mildly entertained the thought of becoming a lawyer), I’m particularly incensed at the legal system right now because of the rogue Supreme Court.
There was an article in my Google feed a few days ago; I didn’t read it but the headline said Heard was seeking to have the judgement overturned. I’m assuming that most likely meant that settlement amount, but grain of salt there as I’m not certain.
It’s the case that never ends. The Energizer Bunny has been replaced.
Until your next article on this case ….heh heh heh.
