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Advantages and Disavantages of Legal Proceedings

The elements cited here must be analyzed with a critical eye, since what can be beneficial for one person can harm another. In addition, what may be beneficial to a woman at a specific time may be unhealthy to her at another time. It would be presumptuous to predict what will be good for victims or harm them. We must remain objective and above all, respect the victim’s wishes in this regard. With that in mind, here are some of the advantages and disadvantages of a legal process.

 

Possible advantages :
  • It is easier to report if the perpetuator is a stranger;
  • Having the feeling of regaining power: seeing your perpetuator again in court can be a test, but it is possible to have a feeling of power over time;
  • The victim is protected by the police and the justice system;
  • No legal fees are payable by the victim;
  • Breaking the wall of silence and collectivizing actions against this type of assault;
  • By this gesture, the woman refuses to bear the responsibility for the assault;
  • This allows for the justice system’s values and mentalities to change slowly but surely.

 

Possible disadvantages :
  • It is difficult to denounce an assaulter when he is part of our circle of friends and family;
  • It involves seeing the aggressor again, which can be very difficult to deal with;
  • The victim will have to deal with the possibility of a not guilty verdict;
  • There may be flaws in terms of the promised police safety;
  • The victim, who is also the key witness, is at the mercy of long and painful procedures;
  • The judicial procedure can trigger traumatic memories related to the assault at any moment.
  • During cross-examination, the victim’s non-consent and credibility are called into question;
  • Sentences can be ridiculous.

 

This text was written by the CALACS Charlevoix.