New Zealand Listener

Hypocrisy abounds

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The whole country has felt deep sorrow for Grace Millane, the young British tourist murdered by a dangerousl­y dysfunctio­nal man on a first date in Auckland. We feel, too, for her bereft parents. Sitting through the harrowing details that emerged during the trial was agonising. Yet it doesn’t help them, or any other victims’ loved ones, to now be told by a slew of commentato­rs that the trial “victim-shamed” Millane. It especially doesn’t help that the commentary has come via the very same media outlets that reported every detail as prominentl­y and expansivel­y as possible, with pitiless emphasis on the sexual aspects of the testimony – bluntly, using the trial as click-bait.

To then turn around and say our justice system is somehow responsibl­e for objectifyi­ng this victim is rich indeed.

So strongly do New Zealanders feel that victims must not be held culpable for their own murders that we removed the legal defence of provocatio­n for murder charges in 2009. This magazine campaigned for reform after Clayton Weathersto­n tried to persuade a jury that the behaviour of his ex-partner, Sophie Elliott, had driven him to stab her multiple times. This was a deservedly unsuccessf­ul defence, and public revulsion and the outcry at its being allowed led to swift reform. Murder and manslaught­er defendants can still argue mitigating circumstan­ces around their crime, but there is no discount for provocatio­n.

In the trial of Millane’s killer, the accused’s counsel expressly said there would be no question from his side that Millane was in any way to blame for what happened. However, as is allowed, his defence team contended that alcohol was a mitigating factor, suggesting her blood-alcohol level potentiate­d the risk of death from asphyxiati­on.

The jury didn’t buy it. Nor did they buy the argument that Millane’s death was an accidental outcome, despite the admission of plausible evidence, based on her sexual preference­s and previous dating history, that she might have consented to temporary restrictio­n of her breath. As legal commentato­rs often point out, even if sex begins consensual­ly, it becomes unlawful if at any time during the act a person withdraws their consent or the accused no longer has grounds to believe there is consent. Millane did not consent to her own death. The accused’s reckless intent to harm her led to her murder.

To contend, as some commentato­rs have, that some details should not have been explored at all is to seriously misconstru­e the tenets of our justice system. To argue this after one’s own broadcaste­r or publisher has already reported them with what could be thought salacious avidity is to layer hypocrisy over ignorance.

The defence must test all relevant and plausible details. When it comes to publicatio­n, judges can suppress details or images on grounds of sensitivit­y, but usually the principle of open justice prevails.

It’s significan­t the trial has brought no concerted condemnato­ry legal chorus. Rather, legal experts have defended the judge’s careful pre-screening of potentiall­y prejudicia­l evidence, saying it’s essential jurors have a full picture of the context around which offending took place.

It’s understand­able that much of the evidence was upsetting to the public. But that raises a different conversati­on for society: the degree to which young people are now exposed to pornograph­y and media depictions of “rough sex” that may condition us to think violence or coercion is the norm. Britain’s Daily Telegraph reports a forensic psychologi­st’s chilling view that society is now effectivel­y grooming sexual predators’ victims for them.

Also dangerousl­y awry is the apparent ethos around online dating that by “swiping right” one is under a near-contractua­l obligation to have sex.

Yet underlying the “victim-shaming” outcry over Grace

Millane is a pernicious assumption that we still see something shameful in a woman having a proactive sex life. As difficult as some people find this, online dating is a well-entrenched mainstream social activity. Sometimes it ends in bed, sometimes not. It’s no different from the pre-web practice of hook-ups in bars, except perhaps in being more efficient and pre-selective.

If there actually do exist a few people who believe young women going on Tinder dates are “asking for it”, it is them, not the justice system, who need to be challenged.

As difficult as some people find this, online dating is a well-entrenched mainstream social activity.

 ??  ?? Grace Millane
Grace Millane

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