For
another class I recently read “Gendered Racial Violence and Spatialized
Justice: The Murder of Pamela George” by Sherene H. Razack. In this article
Razack explores the ways that racialized spaces are viewed as inherently
criminal, violent, and non-respectable whereas spaces of whiteness are
considered to be spaces of justice and control. Accoding to Razack colonization
has pushed Aboriginal people into the city centre, meaning these areas are
considered racialized and violent. The colonizer, as Razack argues, must go
from their respectable zone of justice to the deviant area of the racialized
and then return to the space of whiteness to assert their dominance and control
(4). What I want to focus on is Razack’s argument that for bodies belonging to
racialized spaces violence is expected to be an inherent part of their life;
thus it is impossible to realize the enormity of harm done to these people
(93). I want to expand Razack’s discussion of the ways bodies belonging to
certain spaces cannot be understood as harmed or violated to the discussion of
sexual assault against disabled women.
In
their article “Sexual Assault and the Meaning of Power and Authority for Women
with Mental Disabilities” Benedet and Grant argue that “women with mental
disabilities” are vulnerable and that the law does not protect or support them.
Benedet and Grant discuss that the law only recognizes that positions of trust,
power, and authority are abused when the victim is underage (150). For other
intellectually disabled or mentally ill women “[c]ourts are very reluctant to
find relationships of trust or authority with adult women” (Benedet & Grant
150). In extending Razack’s argument perhaps we can understand the court’s
refusal to recognize sexual assaults as violations of trust because of the
space in which disabled women are relegated to. Disabled people are barred from
full access in society by a multitude of barriers. There are literal physical,
economic, social, and attitudinal barriers that prevent disabled people from
full integration in society. Disabled people’s exclusion from mainstream
society relegates them to a space, as Benedet and Grant discuss, of sexual
deviance (137) and animalization (138). Women with intellectual disabilities
and mentally ill women are connected to a space that stereotypes them as
“sexually inappropriate and indiscriminate in their sexual appetites” (Benedet
& Grant 138).
Perhaps
this connection of disabled people to a space of deviant sexuality impacts how
we can think about the sexual assault of disabled people. Looking specifically
at the assault of a woman by her DATS driver and the assault of an
institutionalized woman by a guard we can see the court’s refusal to recognize
the relationship of trust. I believe this may be because of the space of bestial
and inappropriate sexuality that mentally ill and intellectually disabled women
belong to. This space they belong to may be why these women are “more likely to
be seen as consenting to the sexual activity” (137). Their space of deviance
means they cannot be understood as “respectable victims” (Benedet & Grant
137) just as Razack argues women of colour cannot. This means the violence done
to bodies in these spaces cannot be fully realized.
Razack,
Sherene H. 'Gendered Racial Violence And Spatialized Justice: The Murder Pamela
George.'. Canadian journal of law and society 15.02 (2000): 91-130. Web.
Your evaluation of the space in which disabled individuals are relegated to was very interesting. Society has restricted these individuals full access and seems to be punishing them for it. Is it perhaps hypocritical for the law to only recognize that positions of trust, power, and authority are abused when the victim is underage and yet infantilize people with disabilities. How can the justice system account for this conflicting thought?
ReplyDeleteYou also mentioned how Benedect and Grant state that by the exclusion of disabled people from mainstream society they are relegated to a space of sexual deviance and animalization. This has a large impact on how the sexual assault of a disabled individual is viewed by society. This twisted thinking most likely somewhat accounts for the lessened maximum sentence for the sexual assault of a person with a disability as compared to a sexual assault of a person without a disability.
I found this smaller sentence so frustrating. If the crime gets reported and if somehow it makes it to court and if the assault is proved the accused will get a shorter sentence. This plays into the idea of “respectable victims.” Persons with disabilities are deemed deviant and therefore the violence that may be done to their bodies does not require as much justice as the violence done to “respectable victims.” All bodies deserve justice.