Tagged: Candee McCarthy

Rehtaeh reaction – continued

I have more reader mail on the furore around Rehtaeh Parsons’ death and the factors that led to it. Once again, a few preliminary points.

  • Rehtaeh’s family and friends are going through an unimaginably horrible experience, one they have handled with grace and courage. The one point that united everyone in this case is sympathy for their ordeal.
  • It bears repeating that, if you or anyone you know are having suicidal thoughts, please call the toll-free Kid’s Help Line at 1-800-668-6868 or the toll-free Suicide Prevention Line at 1-888-429-8167. Also please check out this website, and this list of warning signs.

In a post on April 11, I raised a number of misgivings about the frenzied public response to Rehtaeh’s death. I expected my views to provoke controversy, but in fact, most of the emails directed to Contrarian’s comment link (at the top of this page) have been positive. There’s an initial sample here.

Many more negative comments appeared on Twitter, where I had a series of vigorous exchanges with people who thought I was too trusting of police, and not sufficiently sensitive to “rape culture” and bullying. In particular, some reacted angrily to my contention that photogenicity played a role in the explosion of media interest in this case. Others thought the existence of a photo depicting the November, 2011, encounter between Rehtaeh and four young males ought to have been an open-and-shut basis for a “child pornography” prosecution. Much of the discussion focused on exactly what we know and do not know.

To follow some of these discussions, check out the Twitter feeds of Daily News alumnus Ryan Van Horne, Herald reporter Selena Ross (who was the first to break the Rehtaeh story), Tim Pratt, @allisomething, @KristiColleen, Raveen S. Nathan, and André Pickett.

Meanwhile, Sydney lawyer Candee McCarthy has called me out on a point of law. I wrote that, “a jury which concludes only that the accused is probably guilty must acquit, and police and prosecutors who reach the same conclusion should not lay charges” [Emphasis added]. Replies McCarthy:

Although I agree with your assessment regarding a jury’s obligation, I don’t believe that police and prosecutors should be held to the same standard as a jury. I submit that police should not lay charges frivolously, but they should lay charges if there is evidence or information to support a charge; a charge is not a conviction and should not be held to the same standard as one. The police shouldn’t need to prove a case to lay a charge. They have to be reasonable, sure, but out of the “three tiers” (for lack of a better way to put it), their burden is the least onerous.

The Crown then has the job of proving the case. It is the Crown Attorney that determines whether to prosecute the charges laid by the police, but the crown is not (and shouldn’t be) the judge and jury. In the interest of serving the public’s interest they need only ascertain a reasonable prospect of conviction. (As such I submit they should be prosecuting cases where they believe the accused is “probably guilty”.)

I confess that in writing my quick summary of the presumption of innocence, I relied on that prestigious legal journal, Wikipedia. And when I wrote the clause McCarthy objects to, I wondered if I was overstating it. Apparently I was. I am not a lawyer, but I do wonder if McCarthy overstates the ease with which police should lay charges in cases where they are uncertain of guilt. I know that the Marshall Inquiry devoted a lot of time and thought to the roles of police and prosecutor. If any lawyers or judges out there want to weigh in and help educate the public, I’d love to hear from them.

McCarthy concludes:

This is a sad case all around and I agree that folks and the media are quick to pass judgment… just as all too often they pass judgment on young women for their private sexual behavior (consented to or not) by calling them a “slut” and thinking it’s ok to disrespect these women’s bodies by sharing personal and intimate photos. It’s not like these types of allegations are rare lately… If we as a community are becoming more outraged over victim allegations, I say so be it. Maybe we need it – it’s a hell of lot more comforting to me than to continue to bear “rape culture” commentary and victim blaming.

Tim Segulin:

The outrage and sadness is so palpable at the moment that it is virtually impossible to remind people that while a beautiful young woman has lost her life in a most horrific and tragic way, and allegedly 4 young men were somehow involved, nobody has been convicted of anything, and the police have so far been unable to build a strong enough case leading to charges that would lead to such a conviction. Vigilante justice will only lead to further crimes and in all likelihood more injustice. All the publicity and the extent of public reaction since this story broke may well provide the impetus for somebody to come forward with something the police could build a case. This sad story is far from over.

Janet Connors:

I have… feeling a bit ill about the hysteria. The British gossip media has now picked up the story. This poor, sad girl, seems be getting forgotten in the frenzy of public grief, blame, politics and just plain old bad journalism.

I wonder how this has become a story about bullying, and the reactions of others who seem to think the solution is to bully the boys. I don’t understand a lynching mentality and hopefully, never will.

I hate the expression, “this could have made her death mean something,” because nothing could ever make this death worthwhile. However, this sad affair could have become a lightning rod for so much positive discussion about social justice, teen alcohol consumption, depression, sexual rights, and sexual health, etc. What a shame that we, in Nova Scotia are so lacking in visionary leadership, be it social, political, or educational….  My 2 cents…

I guess it’s obvious I agree with Janet. If this awful set of events does not spur concerted community action on “teen alcohol consumption, depression, sexual rights, and sexual health,” instead of kneejerk demands for vengeance, we will have missed a tremendous opportunity.

Jack Garnett:

“What if the cops and prosecutors were right?” I guess now we will find out, unfortunately still much too late for the teenager’s family. In other cases, the cops ask publicly for anonymous tips to help with their investigation of criminal activity. I wonder/doubt if this was initiated in this case, perhaps because it was not considered to pass the test of “criminal.”

Reinforcing the inadequately defined “vigilante” boogeyman (which the Anonymous press release you provided addressed and denied), and raising the girl’s “depression” in an ambiguous manner that should have clearly clarified that there was no suggestion it could have caused this suicide independent of the [alleged] rape and subsequent internet humiliation, seemed a little bit manipulative to me.

Several other people pointed out that the Anonymous statement I linked to specifically rejected vigilante action, a point I should have noted.

“Given that the topic of your post is on the nature of reporting in the matter,” wrote Brad Fougere, “that’s kind of reckless, no?”

Here is the pertinent excerpt from the Anonymous release:

We do not approve of vigilante justice as the media claims. That would mean we approve of violent actions against these rapists at the hands of an unruly mob. What we want is justice. And That’s your job. So do it.

The names of the rapists will be kept until it is apparent you have no intention of providing justice to Retaeh’s family. Please be aware that there are other groups of Anons also attempting to uncover this information and they may not to wish to wait at all. Better act fast.

Be aware that we will be organizing large demonstrations outside of your headquarters. The rapists will be held accountable for their actions. You will be held accountable for your failure to act.

Surely paragraphs 2 and 3 belie the pro forma rejection of vigilantism contained in paragraph 1. Like so many others, Anonymous presumes guilt (not innocence, as a civil societies do). It presumes the right to gather names and release them, if the criminal justice system does anything other than prosecute the implicated boys. And since all bullies are cowards, Anonymous does this from behind a mask of anonymity.

Fifty years ago and 1,000 miles to the south, they would be called the Ku Klux Klan, and like the Klan, they are deserving of community scorn and disgust. In this regard, it is astounding that the CBC and other media outlets have shielded the identity of the local bully who speaks for Anonymous, while giving him a platform from which to spread bile. Surely some journal or journalist must be up to the task of outing him.

Patrice Bolvin:

A free society relies on functioning governmental institutions and police forces. Right now we don’t have that in Nova Scotia, in my opinion, because there is too much bureaucracy, a lack of public accountability, and a lack of effective coordination of services.

Thanks again to all who contributed. Join in by clicking the “Email a Comment” link near the top of the page.