You Have The Right To An Attorney

You Have The Right To An Attorney

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. In episode 2 we’re trying to understand how we can better insert victims rights into the legal process… without superseding the rights for accused individuals. Show Notes Thanks for listening and being a part of this conversation. This is a completely grassroots, independent project and our ability to continue depends on your support.  Subscribe to our Substack [https://thedefendants.substack.com/] for additional content and please consider making a one time donation here [https://buymeacoffee.com/thedefendants]. Any amount will help us continue. We also have a mail club! Get monthly artwork and letters to continue the conversation… offline, where the best communities are built. Sign up here. It also helps to subscribe to this show and share it with a friend! Help grow the conversation.  Get in Touch! If you have questions or ideas about the show we’d love to hear them!  Email us at defendantspodoutreach@protonmail.com. You can also find us on instagram: we’re @thedefendantspodcast [https://www.instagram.com/thedefendantspodcast] and Jane is @jane_aster_roe [https://www.instagram.com/jane_aster_roe] If you want Jane to appear on your show, email Dalton Higgins at daltonhiggins@gmail.com.   Resources: * SA Survivor Resource Document [https://docs.google.com/document/d/12zad9NepQqKFgypq4P6P6vsD_2y1EY7wHjc6DAkSxH8/edit?usp=sharing] ( This document contains Canadian, U.S, and global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document. The following links are core references.  * Rights on Being Arrested - Canada [https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art10.html] * Rights on Being Arrested - USA [http://www.mirandawarning.org/whatareyourmirandarights.html] * Victims Rights - Canada [https://laws-lois.justice.gc.ca/eng/acts/c-23.7/page-1.html] * Victims Rights - USA [https://www.fbi.gov/how-we-can-help-you/victim-services/rights-of-federal-crime-victims] (note this is Federal - may vary state to state) * Information about Victim Services in Canada [https://www.canada.ca/en/office-federal-ombudsperson-victims-crime/services-services.html] * Information about Victim Services in America [https://ovc.ojp.gov/help-for-victims/overview] * Useful Information About the Process Compiled by Toronto Metropolitan University [https://www.torontomu.ca/sexual-violence/get-support/how-to-file-a-report-with-the-police/#!accordion-1623005696604-filing-a-police-report] - Includes a pamphlet on navigating the process that walks you through every step Further information on your rights including Publication Bans which is the term used to describe when Courts are ordered to protect the identities of those involved in cases.  * The Civil Case Challenging Jordan’s Law (the right to a speedy trial) in Ontario.  [https://www.ctvnews.ca/northern-ontario/article/graveyard-of-preventable-deaths-ipv-survivors-sue-canadian-government/] * Report on How Jordan’s Law (Right to a Speedy Trial) Effects Survivors of SA [https://www.canada.ca/en/office-federal-ombudsperson-victims-crime/sissa-essas/rvjordan.html] - This page of the Government of Canada website is a report of sorts on Jordan’s Law. It includes statistics on recent stayed trials pertaining to SA and recommendations for change. * Dr. Elaine Craig’s book: Putting Trials On Trial: Sexual Assault and the Failure of the Legal System [https://www.mqup.ca/Books/P/Putting-Trials-on-Trial] - A lot of good information about how trials work, and what rules defence lawyers and prosecutors have to follow is in this book. * Robyn Doolittle’s book: Had it Coming: Rape Culture Meets #MeToo. Now What? [https://www.penguinrandomhouse.com/books/673744/had-it-coming-by-robyn-doolitle/] - Explores the issue of consent and how legal actors respond to it. * Michelle Alexander’s book: The New Jim Crow: Mass Incarceration in the Age of Colorblindness [https://www.amazon.ca/New-Jim-Crow-Incarceration-Colorblindness/dp/1620971933/ref=sr_1_1?crid=3FNFQMT5TCYX1&dib=eyJ2IjoiMSJ9.D8aA00MB9a6hv1E8H2_vmJEJ8sZ_8KHtnXPchDz6AP1AIPpaDadt2wfuJlkYg253hLHVpBKOBEvBphVICNYoqx-j1ltB8UNfJ290o4HtIAXtpKvRvn6Li_Z6yudH1ChszNvL7aqFN4d5ymW8E-5tw-S-6a_RpOc5PWlU24G1cgNZoXwAO2Tp8Q1HSUi2U1G5eVrssiDvgTN-z1GgVI7qSbI971aGtm-b-06XLzlNi-lctw7UwxYyih6Wwtp-Rpj3b_-p2Hb4Aq-37AcuU3tChayyvJMSedNcpe47IwPXHEg.yYb_Ipwylkc7QCnZUJJasLu7_LIqjRFVdMNpwfkiiq0&dib_tag=se&keywords=the+new+jim+crow&qid=1773779320&sprefix=the+new+ji%2Caps%2C106&sr=8-1] - As we look at sexual assault cases, it’s equally important to remember that the justice system has a huge racial and class problem, and we must avoid unintentionally removing rights that will further this problem while we work to improve the experience of victims. * Jeffery Bradley article, “The criminal justice system is retraumatizing victims of violent crime” - The Conversation [https://theconversation.com/the-criminal-justice-system-is-retraumatizing-victims-of-violent-crime-193067] * As told to Neha Kale: "Three Women Speak, The Trauma, Humiliation, and Shame of Being a Victim Survivor in the Justice System - The Guardian Australia [https://www.theguardian.com/australia-news/ng-interactive/2025/feb/02/three-women-speak-the-trauma-humiliation-and-shame-of-being-a-victim-survivor-in-the-court-system-ntwnfb] - The quotes in this episode are from Amira and Amanda.   Video Clips: "Suits | Most Unforgettable Courtroom Moments" - Peacock [https://www.youtube.com/watch?v=X90tqks1f0s] - Clip is from Season 5, Episode 14: Self Defence and features actors Leslie Hope, Gabriel Mact, and Tom Lipinkski. "CROSS EXAMINATIONS IN A SEXUAL ASSAULT CASE" - Kruse Law [https://www.youtube.com/watch?v=A-YtaD_gees] "Canadian woman speaks out against sexual assault" - CBC's The National [https://www.youtube.com/watch?v=lPkoDCGb_nY] "Who Cares? Ep #23 About Criminal Defence Lawyers with Ryan Handlarski" WiCCD - Women in Canadian Criminal Defence [https://www.youtube.com/watch?v=HGPUJh2T0TU&t=477s]   Music: Our theme is Isolation Waltz by Bryan Teoh [https://www.youtube.com/watch?v=0XolORvTbKw] Other music appearing in this episode: Black and White by Pete Kneser [https://sounddogs.com//search?keywords=101666282&share=true] Modular Spring Jazz by gis_sweden [https://freesound.org/people/gis_sweden/sounds/343428/] Dawn Dawn Dawn by levelclearer [https://freesound.org/people/levelclearer/sounds/403618/] Strings tune-up (harmonics) by camel7695 [https://pixabay.com/sound-effects/musical-strings-tune-up-harmonics-26946/] Bleu by Komiku [https://freemusicarchive.org/music/Komiku/Its_time_for_adventure_/Komiku_-_Its_time_for_adventure_-_13_Bleu/#:~:text=Released%20Jul%2021%2C%202016,Contact%20artist]   Full Team: Jane Aster Roe - Executive Producer, Host Rachel Arundel - Executive Producer Katie Jensen - Executive Producer, Editor, Sound Designer Jessica Strachan - Story Producer Charlotte Gregg - Research Producer Isis Madrid - Editor, Sound Designer  Rachel Bromberg - Fact Checker Dawson Fleming - Production Assistant Michelle Crossman - Mental Health Consultant Lindsey Keene - Outreach Coordinator Cheryl Grossman - Legal  Dalton Higgins - Publicity Kathlyn Gardner - Events

First Encounters

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. Show Notes Thanks for listening and being a part of this conversation. This is a completely grassroots, independent project and our ability to continue depends on your support.  Subscribe to our Substack [https://thedefendants.substack.com/] for additional content and please consider making a one time donation here [https://buymeacoffee.com/thedefendants]. Any amount will help us continue.  It also helps to subscribe to this show and share it with a friend! Help grow the conversation.  Get in Touch! If you have questions or ideas about the show we’d love to hear them!  Email us at defendantspodoutreach@protonmail.com. You can also find us on instagram: we’re @thedefendantspodcast [https://www.instagram.com/thedefendantspodcast] and Jane is @jane_aster_roe [https://www.instagram.com/jane_aster_roe] If you want Jane to appear on your show, email Dalton Higgins at daltonhiggins@gmail.com.   Resources: * SA Survivor Resource Document [https://docs.google.com/document/d/12zad9NepQqKFgypq4P6P6vsD_2y1EY7wHjc6DAkSxH8/edit?usp=sharing] - This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document. The following links are core references. They are where our stats come from and our definitions of sexual assault. * National Sexual Violence Resources Center - Statistics [https://www.nsvrc.org/statistics/] * Government of Canada Infographic: Sexual Violence [https://www.canada.ca/en/women-gender-equality/campaigns/gender-based-violence-its-not-just/infographic-sexual-violence-how-things-are.html] * World Health Organization - Violence Against Women Fact Sheet [https://www.who.int/news-room/fact-sheets/detail/violence-against-women] * Rainn - Statistics: Victims of Sexual VIolence [https://rainn.org/facts-statistics-the-scope-of-the-problem/statistics-victims-of-sexual-violence/] * JustFacts - Sexual Assault [https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2019/apr01.html] * Black Women and Sexual Assault PDF [https://nwlc.org/wp-content/uploads/2020/05/Ujima-Womens-Violence-Stats-v7.4-1_Condencia-Brade.pdf] * National Black Women's Justice Institute - Black Women, Sexual Assault, and Criminalization [https://www.nbwji.org/post/black-women-sexual-assault-criminalization] * JustFacts - Victimization of Indigenous Women and Girls [https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2017/docs/july05.pdf] * UCLA School of Law Williams Institute - Transgender people over four times more likely than cisgender people to be victims of violent crime [https://williamsinstitute.law.ucla.edu/press/ncvs-trans-press-release/] * National Library of Medicine: Unfounded Sexual Assault: Women’s Experiences of Not Being Believed [https://pmc.ncbi.nlm.nih.gov/articles/PMC9136376/] * Reporting to Police and Investigations [https://www.canada.ca/en/office-federal-ombudsperson-victims-crime/sissa-essas/reporting.html#_edn6] * Victims of Crime Research Digest, Issue No. 6 [https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rd6-rr6/p3.html#ftn1] - This survey example includes information on reports statistics, demographic statistics, the victims' trust in the police, and the collective urgency that survivors gain an understanding of the justice system if they are considering reporting. * Criminal victimization in Canada, 2019 [https://www150.statcan.gc.ca/n1/pub/85-002-x/2021001/article/00014-eng.htm#a25] - This is an extensive source on a broad range of “criminal victimization" that includes notable statistics on sexual assault including disproportionate percentages between genders, rates of report, and the surveyed reasons for report or lack thereof.   Sources: “It’s estimated that between 1 in 3 and 1 in 5 women will experience attempted or completed rape during their lifetime” National Sexual Violence Research Center [https://www.nsvrc.org/statistics/] “Black and indigenous women are disproportionately at risk, with studies showing between 40-60% of black girls are subject to sexual coercion before the age of 18” The National Center on Violence Against Women in the Black Community [https://nwlc.org/wp-content/uploads/2020/05/Ujima-Womens-Violence-Stats-v7.4-1_Condencia-Brade.pdf] “Indigenous women’s reported rates of rape triple white womens'” Just Facts: Victimization of Indigenous Women and Girls [https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2017/docs/july05.pdf] “Between 1 in 7 and 1 in 10 men will experience attempted or completed rape, most often perpetrated by other men” RAINN [https://rainn.org/facts-statistics-the-scope-of-the-problem/statistics-victims-of-sexual-violence/] “…the overwhelming majority of people are not reporting their assaults to the police so these numbers may be higher” and “A very, very small fraction of, of people who experience harmful sexual behavior make the decision to come forward to the police” Unfounded Sexual Assault: Women’s Experiences of Not Being Believed by the Police [https://pmc.ncbi.nlm.nih.gov/articles/PMC9136376/] “A person under 18 cannot consent to sexual activity" Government of Canada: Age of Consent to Sexual Activity [https://www.justice.gc.ca/eng/rp-pr/other-autre/clp/faq.html] “Statistics Canada estimates 94% percent of sexual assaults are not reported to the police” Statistics Canada: Criminal victimization in Canada, 2019 [https://web.archive.org/web/20260305044154/https://www150.statcan.gc.ca/n1/pub/85-002-x/2024001/article/00007-eng.pdf] (NOTE: This report is no longer on Statistics Canada. You can use the Wayback machine to find the same report, which we have linked to)   Additional References: Tarana Burke - The activist who started Me Too, an activist group to support survivors of sexual violence in 2006, whose phrase was then adopted widely in 2018. Here’s an amazing profile of her by Emma Brockes in the Guardian. [https://www.theguardian.com/world/2018/jan/15/me-too-founder-tarana-burke-women-sexual-assault] Megan Twohey and Jodi Kantor - These New York Times reporters broke the story on Harvey Weinstein that started the MeToo movement. They wrote a book about that process called She Said. [https://www.shesaidthebook.com/] Dr. Elaine Craig - A professor of Law at Dalhousie University. Read her book, Putting Trials on Trial: Sexual Assault and the Failure of the Legal System. [https://www.amazon.ca/Putting-Trials-Trial-Assault-Profession/dp/0773552774]   Video Clips: "Sean Combs found not guilty of his three most serious charges" - ITV News [https://www.youtube.com/shorts/olAjqM_6VTM] "2018 World Junior players found not guilty" - CityNews [https://youtu.be/iuMkuVkODek?si=2OXPd75XW7Kl351q] "Jian Ghomeshi found not guilty on all charges - news report" - CTV News [https://www.youtube.com/watch?v=LuSXFgoJACM] "Harvey Weinstein's 2020 rape conviction overturned. What's next in the case?" - CBS New York [https://www.youtube.com/watch?v=HYW2coQVrRc&t=10s] "Jian Ghomeshi found not guilty on all charges - prosecutor call for more victims" - CTV News [https://www.youtube.com/watch?v=cvUchVQ6xTg]   Music: Our theme is Isolation Waltz by Bryan Teoh [https://www.youtube.com/watch?v=0XolORvTbKw] Other music appearing in this episode: Strings tune-up (harmonics) by camel7695 [https://pixabay.com/sound-effects/musical-strings-tune-up-harmonics-26946/] Pretty Pluck Sound by memz [https://freesound.org/people/memz/sounds/325141/] Nostalgic Piano by Rafael Krux [https://soundcloud.com/trackistador/rafael-krux-nostalgic-piano] Bleu by Komiku [https://freemusicarchive.org/music/Komiku/Its_time_for_adventure_/Komiku_-_Its_time_for_adventure_-_13_Bleu/#:~:text=Released%20Jul%2021%2C%202016,Contact%20artist]   Full Team: Jane Aster Roe - Executive Producer, Host Rachel Arundel - Executive Producer Katie Jensen - Executive Producer, Editor, Sound Designer Jessica Strachan - Story Producer Charlotte Gregg - Research Producer Isis Madrid - Editor, Sound Designer  Rachel Bromberg - Fact Checker Dawson Fleming - Production Assistant Michelle Crossman - Mental Health Consultant Lindsey Keene - Outreach Coordinator Cheryl Grossman - Legal  Dalton Higgins - Publicity Kathlyn Gardner - Events

I Told a Friend

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.

What is 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 what to do about it.