The Defendants

About The Defendants The Defendants is a podcast exploring how sexual assault cases move through the justice system… and why it never seems to work in favour of victims. We want to know what has to change within the system for it to actually work, and we are interrogating what justice means in the aftermath of trauma. This is a podcast where we figure out exactly how this system fails, why, and wh...

We’re talking about what survivors actually get out of the justice system and what they want out of it. Key Topics 0:13 - Jane's trial 1:47 - Chanel Miller: guilty verdict, insufficient sentence 4:14 - What survivors want: accountability 5:36 - Denial as a second victimization 6:22 - Restorative justice 8:22 - Surrogates for when direct dialogue isn't safe or possible 11:51 - Civil litigation 13:5...

We’re going backwards so we can map our way forwards. Key Topics 0:10 - The law has a gender 2:06 - Common law and British colonial history 3:15 - A system designed to exclude: patriarchal origins of law 6:11 - Women as property 8:11 - Spousal rape criminalized (1983) 8:24 - Consent enters the Canadian Criminal Code (1992) 9:17 - Rape shield laws (1992) 9:55 - Why the system moves so slowly 10:32...

We’re looking at what it takes to get a verdict of guilty or not guilty and what it means. Key Topics 1:00 - The numbers: 2 guilty verdicts out of 1,000 assaults 1:25 - Guilty vs not guilty: what the terms mean 1:42 - Beyond all reasonable doubt 4:03 - Narratives that can be created around facts 6:04 - What is considered evidence? 7:32 - Why do prosecutors drop cases? 9:04 - The odds of winning se...

We’re looking at what makes an ideal victim in the eyes of the law, and society, and who is more likely to be believed. Key Topics 0:11 - The week before Jane's case went to trial 1:57 - The damsel in distress archetype 3:17 - Nils Christie's ideal victim theory 4:51 - Phil's story: when male survivors are dismissed 8:00 - Ann's case: when victims don't fit the mold 9:34 - Race and credibility 11:...

We’re trying to understand how we can better insert victims rights into the legal process… without superseding the rights for accused individuals. Key Topics 0:10 - Accused rights and victim rights 3:56 - Jane's police interview 6:32 - Understanding legal terminology: complainant, defendant, accused 7:51 - Who supports victims through the system 10:57 - Shannon's story: the permanence and power of...

We take a look at first encounters: with the justice system, with telling someone, and with the law. We’re looking beyond the headlines to the root issues underneath, and we’re exploring the first steps in the process for victims: disclosure and the decision to go to the police.  Key Topics 0:16 - Jane's personal disclosure story 2:13 - Headlines of the #MeToo Era 3:20 - Sexual assault statistics...

I didn’t know how to talk about it. Or even what to call it. First, I told a friend. The Defendants is a podcast about what happens after.. how sexual assault cases move through the justice system, and why so many of them fall apart. It starts here. This is The Defendants. About The Defendants The Defendants is a podcast exploring how sexual assault cases move through the justice system… and why i...

The Defendants is a podcast exploring how sexual assault cases move through the justice system… and why it never seems to work in favour of victims. We want to know what has to change within the system for it to actually work, and we are interrogating what justice means in the aftermath of trauma. This is a podcast where we figure out exactly how this system fails, why, and what to do about it. Ab...