“Hello and Goodbye” [poem]

The air is brisk cold. The polarity is wide. Wisdom is scarce, and disparity on the rise.

An age passes in a year. Some shed for the masses a tear. Yet nothing seems to change, little within our grasp, little within range. Holding a wish for eternity. Hoping it breeds fraternity.

Wealth holds sway, the power to persuades us, while dreams stand idle or seem to evade us. Passion is used to dissuade us. Often forgetting about ourselves in the present, and what made us.

Change comes within, they say. Work hard and the world will be yours one day. It’s true. We fought together one day, you and I. There were no worries of truths or lies. We took pleasure a midst our hellos and goodbyes.

We stood united, we fell divided, but we never gave in to power. Now, we are concerned with what we can sell by the hour.

But what is a world together, without you and I. What is a world at all without a hello and goodbye?

Legal Procedure in VAW Cases: Where does the law stand?

Violence against women is a serious issue all around the world that must be dealt with full force and careful analysis. It is difficult to uphold a legal balance when a man is accused of an abhorrent act such as violence toward a woman, sexual or otherwise. Such cases must be carefully investigated, and individuals proven guilty of such heinous crimes must be kept from committing these acts of violence ever again.

Due to the history of violence against women and the inequality between the genders, we have established a “compensation-based” legal system. This means that we are living in an age where our legal/judicial system constantly attempts to “amend” or make amendments to laws once bred systemic acts of violence to women, religious/ethnic minorities, and homosexuals. All these attempts and intentions for equalizing our rights as individuals and citizens of society are well and correct. However, from a legal point of view, as long as our justice system provides legal context merely for amending its historical neglect and past mistakes, it cannot provide a truly equal society for all.

I would like to discuss one particular pillar of our justice system that acts as the vehicle to safeguard our rights and preserve our equality before the law. This would be the fundamental principle that we are all “innocent until proven guilty”. Now, in our judicial system it is important to be mindful of its true meaning. What this principle provides us is the right of an accused to due process and legal procedure, wherein the accused must defend the allegations brought against him or her, but more importantly, it is incumbent on the prosecution to prove the accused as guilty of the charges. These are procedures in our legal system we have used for many years in order to give a fair and unbiased judgment based on evidence provided.

The legal system we have today however, with all the procedures and functions of our constitution and our amended individual rights,  in my view, is still flawed. For example, there are some cases where law and reason are apprehended by public sentiments and expectations of the law to keep its vow to compensate for historical neglect and “legal-malpractice” against oppressed women and minorities. What the law needs is an unbiased point of view, clearly. But today, due to our justified sensitivities and historical baggage regarding such topics as violence towards women, the law seems to be inept in properly dealing with and assisting accusing parties of rape, while properly protecting the rights of the accused of such serious allegations.

With the advent of the age of social media and easily accessible information circulation, the law has taken a back seat in properly addressing these serious matters. When an individual is accused of a crime, he or she is accused yet “innocent until proven guilty”. But in matters of rape and violence against women, due to the sensitivity of the matter, the law seems to retreat and thus the accused becomes “guilty until proven innocent”. I say the law retreats because it allows for anyone to accuse an individual of such serious allegations, without protection of the accuser or the accused in this matter.

There have been numerous cases where women have been too intimidated to go to the police to report matters of sexual violence, and many have looked for alternative channels, such as the media. The law must directly provide mechanisms and programs for police to follow to make women more comfortable in seeking the police in the advent of such horrific incidents. This neglect by the law also neglects the accused, since the accused has little recourse to protect his or her rights especially if the accusations are completely false and without merit. With the age of advanced communication and new age technology, one can go from “zero to hero”, or “hero to zero” in a matter of tweets.

Thus, it is incumbent upon our judicial system to devise certain procedures and policies in dealing with such allegations, considering the repercussions for the individuals involved. It is the duty of the law to be fair and balanced when dealing with arguably the most sensitive issues in society. For our judicial system to remain inactive in these circumstances is to the detriment of our justice system, and our democracy.

Although, it is a preliminary thought, I propose certain rules or regulations to be followed when encountering such sensitive issues. I hope it can help in providing a basic idea as to more complex solutions to be structured into our legal system to better protect all individuals and provide equal treatment to men and women before the law.

I propose:

1) There be a publication ban on allegations of sexual violence against an individual accused of such charges until the accused has faced the charges in a court of law and has been proven guilty in court.

2) There be better programs available to victims of sexual violence, to make it safer and more confidential when approaching the police. Since, the main obstacle to approaching the police seems to be a media backlash, again, all such allegations must be protected from media reports, until an investigation has taken place and allegations have been proven to be true.

3) As mentioned, it shall be illegal for media outlets to publish accusations of sexual violence since it is not yet proven in a court of law. Such allegations have serious consequences for all parties involved, especially the accused, and thus, the rights of all parties must be protected at all times. The repercussions would and should consist in allowing the accused to sue any media outlet that reports an allegation(s) of sexual misconduct prior to the verdict of guilt or innocence. Any interviews by media outlets of accusers should be banned until the court hears the accuser’s allegations.

Fear and Phobia: Among The Political Elite.

There have been countless articles, editorials and books about the oppression of certain governments on their people. From the Machiavellian, to the “good dictators”, to the most evil “Draconian”, to the more modern systems of control (technological age) using complex socio-economic structures, we have theorized how best these types of governments should exercise control by means of laws. In doing so, we have legitimized government statehood, and thought it best to keep the citizens of the state subordinate to the political elite. However, in opposing certain forms of control exercised by government nowadays, we tend to look at the issue of fear from the perspective of the people, only. Let’s now look at the fear that people strike casually against those atop the legal and social hierarchy of society on a daily basis.

The more fear a government strikes against its people, the more it fears its people. Tyrannical governments are generally more fearful and paranoid than their people in any society, although they hide it very well. Their leaders have more to lose and have arguably spent more time and hardship to reach that point of social status in society (unless you were an heir to a thrown, of course, then little effort was needed). They struggle for years at times and sometimes endure prison sentences, forced to be exiles, or simply labelled and condemned as outlaws of society.

Depending on their personal predispositions, some aspiring political leaders become fighters for freedom and strive for something beyond themselves. But once they reach that stage, it seems they become intoxicated by their own words and lose purpose. Furthermore, as we all know, not all of us are perfect individuals and we are not fully immune to self-indulgence and material gain. Thus, political leaders may strike fear into the eyes of their people knowing full well, exactly how much there is to lose. They may constantly be reminded of their painful past, and will do anything to protect themselves and their families from experiencing those pains again in the future.

Another point to remember is that it is not only dictatorships that cause leaders to use force and evil mechanisms of control to remain in power. In countries that have laws that protect the rights of ordinary citizens, it becomes difficult for leaders to use their powers to directly strike fear in the eyes of their people. However, they do use instead the “external threat” strategy or policy, which is used by many countries in the developed world as a means to suppress internal dissent or disunity in order to better achieve their political objectives.

Whether it is a dictatorship or a democracy, in the end, each political leader has his or her own agenda, so does each political party, and finally each country in furthering and solidifying their security and power. Within this dynamic, power breeds totalitarianism or, effectively, the need for supreme authority. In other words, there will always be the need to gain more power, constantly. This feeling that one must gain more power in order to guarantee their security and the security of the nation comes from fear.

But one must remember that the people do strike fear in the eyes of their leaders more so than one might think. The people are always more powerful than they think they are. Whether a political leader is a “dictator”, or a democratically elected leader, their job becomes heavy. They must carefully uphold a political system, maintain and protect a reputation, provide a future for their children, whether or not they remain in power; have on the back of their minds that any day, ‘I may be betrayed, setup, plotted against or assassinated!’

Ever wonder why US Presidents’ hair go grey so fast?