Due Process

I un-followed a Canadian author who helped shape my identity as a human and as a creator. I un-followed her because of a letter she signed. To be clear (because no small statement is ever clear) I did not un-follow her forever. My feed is an ebb and flow of the things I enjoy, the things that give me hope and the things I hope to know. My feed serves me. That’s why it’s mine. I may find, in the near future, that reading her small, instant words feeds me. For now, I’m choking on it. I also did not un-follow her simply because she took a political or personal action I disagree with. She has built up enough good faith as a creator that I see no need to view the world through a lens identical to hers. I un-followed her because it hurt.

Two words she threw out like a casual sprinkling of flavour on a massive meal: Due process.

I am a sexual assault survivor. I am a multiple sexual assault survivor. In almost every case, it was a man who held cross-sections of power attempting to or succeeding at misusing my physical and emotional form because they could.

When I started to realize – well into my teens – that what had happened to me was, indeed, against our presumed social contract, I began the process of seeking my due.

Due process simply means fair treatment in the judicial system. Not only fair treatment for the person who stands accused, but for the person who stands destroyed. Too visceral? Too emotional? Probably.

Here is due process to a person who has been raped, sexually abused or sexually assaulted:

1

Tell someone. This person may be yourself. Often that’s the first person you tell. If you are young, you may tell yourself after a book or a flyer in your school or an episode of Degrassi confirms that the tearing and ripping inside you is not an anomaly, but a reaction. There’s an overt message that you are not alone in numbers, but 1000 subtle messages that you are probably alone regardless. If you are an adult, telling yourself can happen during, or just after or years later. It can happen when you do that math inside your head that says if I scream he will kill me or if I just make it to the end it will be over and she will leave. Math is a process. Math figures out how much more they have to weigh than you to hold you down. Turns out, it’s not that much. It is not fair that this is how you must talk to yourself, but neither is it judicial, so we will pass this step.

2

Tell another someone. Maybe a friend. Maybe using code words. In my case, it was a guidance counselor. She was not the first person I told, but she was the first to break the code. There is a good chance that the person you tell will not believe you. They may try to find a way to show that it was your fault. This is about you, but it’s also not about you. It’s about constructing a safe cocoon of control that says I would not have made those choices so it would not happen to me or I did something similar once and I am not a villain. Sometimes they will believe you, but since they have spent a same lifetime watching dashing men on film win women over by hands-over-ears ignoring their nos and stops and I mean stops, they will wonder if it isn’t just the way things are. This is also not fair. Now that you have told someone, we may be drifting into the judicial. After all, everyone you tell, even your diary or your mother, can be called up later to testify. That’s the process. Maybe it’s better to say nothing at all, and to smile in pictures at picnics, but then, those pictures may also be called to testify. Anyone/thing you tell is likely to come back at you. This blog could come back at me. Every time we speak, we give a piece of ourselves to that process that we cannot take back with honest words. Words are not proof.

3

Tell the police. Go to the police. We use ‘the’ with police because everyone knows what you mean. No need to give qualifiers, adjectives. They are the police. The police with candies at parades and dirty looks when you walk in groups with other people from school. The police who, perhaps, look more like your assailant than you. Here the process comes due. If you have made it to this part in the process, you are one of only 6 out of 100. 94 out of 100 people chose to stop at step 1 or step 2. You sit in a room or curl up in a ball in a room or pretend you are not in a room and try to take something that is bigger than any part of you and break it down small enough that it will fit on a piece of paper that can go in a file in a drawer or on a computer and maybe turn into fair treatment in the judicial system. If this outcome were common, there would be more than 6 of you. It is not common. Numbers show that. Stories show that. Rooms full of women secure that no one is listening show that. Our arms and our medications and our nervous ticks show that.

4

There are two ways this step in the process can go. You may find, like I did, like a fall from a high height that lands you square on your back, that the last step takes all the wind out of you. It is okay if your process ends here. The next step involves lawyers. Lawyers are people who went to school for a very long time to study a system created before most folks could vote or own property or avoid being property. An apple tree can grow a thousand ways, but it’s still an apple tree. Until we plant something new, this is our only apple tree. This apple tree sucks. People will tell you to have faith in it. They may point to new branches that have grown since you were considered a person. They may say that the roots are strong enough to maintain us through change. That is bullshit. Only 1 out of 65 of us will see fruit from this tree and that fruit is often small and full of worms. Have I lost you? Anyone who tells you that you should not have feelings until due process is served is choosing not to see that no matter how nobly an idea may grow, it is only by its fruit that we can truly judge it. There is no fucking fruit.

5

Some people may think that the previous step is the last one in the process, but there is another. This is a step we take when we’ve exhausted one of the previous steps and found that, no matter what the promise of fairness is, the social contract we have signed has crap clauses. It has the clause that wealthy people and famous people and popular people and really any people can still succeed, no matter what they do to us. They can be free. They can be loved. They can be president. It has a clause that says we are to stay very, very silent no matter what happens, unless the tree gives us grand, ripe fruit. They do not point out the very small text that says it rarely does – and then usually when very pretty and convincing humans with pristine pasts and no scars point at very mean looking humans and say, “it was them!” So what do we do? We hold our hand to our mouth and with a theater aside, we whisper our stories in quiet spaces. We write maudlin poetry and carve lyrics on our bellies. We cry when we masturbate and flinch at gentle touches. We sometimes throw the contract out and shout and shout and shout, only to be met, finally, by a two words that I can no longer bear:

Due process.

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