Rebel Justice - changing the way you see justice

Episode 45: Reshaping the Justice System: A Survivor's Perspective with Jade Blue

July 18, 2023 Rebel Justice - The View Magazine Season 3 Episode 45
Rebel Justice - changing the way you see justice
Episode 45: Reshaping the Justice System: A Survivor's Perspective with Jade Blue
Rebel Justice - changing the way you see justice +
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Show Notes Transcript Chapter Markers

What happens when the justice system, designed to protect victims, does the opposite instead?

What happens when it harms people it should be serving? When the system protects perpetrators of violence against women?

 It's a question that often keeps survivors of abuse awake at night, and our guest today, Jade Blue, knows it all too well. A tenacious survivor and campaigner, Jade bravely shares her unnerving journey through the criminal justice system, shedding light on its har owing drawbacks while igniting the spark of change.

Join us as we delve into the importance of self-care, knowledge, and robust support networks in a survivor's journey towards healing. Prepare yourself for an intensely moving and eye-opening discussion with Jade Blue, a true beacon of change.

Her story serves as a potent reminder of how biases and stereotypes within the justice system continue to hinder fair treatment for survivors. Jade gives us a first-hand account of dealing with these biases, underscoring the urgent need for educational awareness, trauma-informed practice, and comprehensive training for legal entities. She speaks candidly about her pursuit of justice and the pivotal role of a strong support system, resilience, and vulnerability in her journey.

 Jade highlights the pressing need for systemic reform and the crucial role each one of us can play in this collective change. The apathy meted out to victims of abuse is deeply disconcerting and contributes to their trauma. Jade believes in the power of the collective voice and urges survivors to challenge the system.



The link to Jade's Documentary: http://www.bbc.co.uk/iplayer/episode/p0cyrmzv/sexsomnia-case-closed

More from Jade:
Twitter: @jadeblueldn
Instagram: @jadeblueldn


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Speaker 1:

Welcome to the Rebel Justice podcast Disclosure. This podcast episode contains content about rape and violence against women which some users may find traumatizing. Please listen with care and look after yourself if it feels overwhelming or triggering. In this week's podcast, we bring you a personal perspective of Jade Blue, an activist and a survivor of a horrific crime of rape who has been brave enough to share her story. We are grateful to Jade for joining us for this episode, in which she speaks about her experience with the justice system and where she wants to see it change.

Speaker 1:

How can so many women go through such unspeakable crimes and so many perpetrators get away with it? Does the justice system expect too much of victims and then let them down because the system is rigged against women who dare stand up and complain? All these questions were touched up in this episode. Rebel Justice podcast is produced by the View Magazine, which is the only platform by and for women in the justice system whereby amplifying their stories will shine a light on injustice, gender inequality and abusive systems. Okay, hi, jade, thank you so much for coming to Rebel Justice podcast and thank you so much for your courage and bravery. Can you please tell us a bit about yourself to our listeners?

Speaker 2:

Yes, of course. Thank you ever so much for asking me to join you and have me on here. My name is Jade Blue.

Speaker 2:

I'm a survivor and campaigner.

Speaker 2:

My own personal experience with the criminal justice system has fueled my passion to create change and support others who have gone through similar traumatic experiences.

Speaker 2:

I believe that by sharing our stories, it's a powerful way to raise awareness and bring about positive change. By speaking openly about the mistakes made in my case and the impact that they've had on my life, I really hope to shed light on the flaws within the system and really advocate for improvements that will better serve survivors. It is my belief that no one should ever have to endure the pain and suffering of sexual assault alone and it's often done in isolation and also the pain that our justice system also flicks upon us. I'm dedicated to breaking the silence and fighting for a society that listens, believes and supports survivors, and I think by engaging in conversations like ours today, raising awareness and challenging the status quo, I do believe that we can create a more just world. I am passionate about ensuring our voices are being heard and really my ethos is very much that we cannot be silent about things that matter. We have to make ourselves heard.

Speaker 1:

That sounded absolutely incredible and I absolutely agree with you. We need to raise awareness and change the justice system. So if you are comfortable with it, can you please share your story with our listeners?

Speaker 2:

Yes, of course, no problem. So my whole life changed when I was raped after a night out with friends, which was back in 2017. Although the incident of rape was traumatic and had challenges to come to terms with, it was actually my interaction with the Crown Prosecution Service and the Met Police in London that caused me the most distress and, to put it simply, I just don't want others to have to go through what I had. I think navigating the criminal justice system is an uphill battle, especially relating to sexual violence, domestic abuse, with challenges at every point. But over three and a half years after reporting my rape, my case was dropped by the Crown Prosecution Service, and that was just a mere 13 days before the trial over claims that I suffered from sexomnia. I guess for those unfamiliar with the term, this is a type of sleep disorder known as a parasomnia and where people engage in sexual behaviour as well as sleep.

Speaker 2:

I read this to say that this came as an immense shock and it shaped me to the core. It felt so wrong and literally none of it made any sense. So my immediate thoughts were I just had to challenge this. I had to prove that I didn't suffer from sexomnia and that their premature decision to close my case was wrong. So I put forward my request for what we call the victim's right to review. It's a scheme that basically allows victims to kind of challenge a decision, whether it's like a police VRR or a CPS VRR, it's like an independent review process. So I put that forward but I knew nothing would change in my case. But I couldn't let this happen to somebody else. I do have vast concerns that this notion of a victim's suffering from sexomnia can set an incredibly concerning precedent and I think it does pose a risk of being the next rough sex defence. So I think this does need to be addressed immediately within our legal system.

Speaker 2:

The pain that the CPS had inflicted upon me I can only describe as cruel and inhumane, and I just can't stand by and let this happen to somebody else. The effects that they've had they've turned my life upside down, like mental, physical and emotional implications plague my life since they dropped the case and they were exacerbated when that victim's right to review returned, where they admitted they actually made a mistake. They stated that the case should have gone to trial, believing that he would have been convicted. So they have essentially put their hands up and admitted their failings. However, they can literally do nothing, and the man that wrote me has walked free and he was not held accountable and didn't face any consequences whatsoever.

Speaker 2:

I think this is incredibly troubling for me and I'm constantly trying to process what's happened with the CPS. There is never really a point in my day where I'm not somehow thinking about this just like monumental failure, because I think, like reflecting back at like a time when 98.7% of reported rapes are not prosecuted. I feel I guess I felt, I still feel, and I think it's so important I share my experience. I feel like I need to use my voice to share the harrowing mistakes that were made in my case and their profound impact on my life. So, yeah, I'm speaking up publicly advocating for change and seeking improvements for other victims. I think my hope is that, by shedding light on my own experience with the criminal justice system, that I can contribute in some form or the other to some reform that will protect and support survivors in their pursuit of justice.

Speaker 1:

Oh, wow, that's again a terrific story and thank you so much for sharing, because I cannot even imagine for one thing what you be, what you've gone through and again, the fact that the justice system in such a way, in such a bad state at the moment, is scaring, and obviously use that from what they should interact with the English justice system. What do you think you would change in the justice system? That each person was treated equally, and especially women.

Speaker 2:

I mean regarding why females may be treated differently, I think particularly in like sexual offenses. I think we just have to kind of look back and acknowledge the historical societal factors that have basically perpetuated gender inequality for a very long time, with deep-rooted gender stereotypes, societal attitudes, systemic biases. I think this all has influenced the way that sexual offenses are perceived and addressed and I think so many myths and stereotypes do remain present in our society today. I think women have historically faced numerous challenges in reporting sexual assault and domestic violence. It often comes with kind of disbelief, victim blaming, like a lack of support, and I think all these factors really contribute to a culture where survivors, especially females, are less likely to come forward or face barriers when seeking justice. I think addressing these biases and stereotypes within the justice system is vital and vital to ensure that all survivors receive equal treatment and support, regardless of gender. And yeah, it also comes in from like a completely multifaceted level, from. Yeah, I just think there's just so many layers to unpick there, from religious beliefs and things. There's just so many different elements that can be a hindrance supposedly within the justice system due to these myths and stereotypes that are still very present. I mean it's doing far from ensuring equal treatment for us, I think. But yeah, I think educational awareness is needed.

Speaker 2:

So definitely, raising awareness about gender biases and their impact on the justice system is essential and I think even this includes like legal professionals, judges, any kind of law enforcement people.

Speaker 2:

They need to recognize and challenge their very own biases and a lot of work needs to go into that.

Speaker 2:

I feel they need to be comprehensive training, especially on gender sensitivity, sexual assault dynamics, and really just have that kind of I think buzzword that I've heard over the years is to be trauma-informed, but I still don't actually see that in a lot of correspondence, that I see a lot of other victims' experiences and I do feel that lawyers are such police officers that they're almost.

Speaker 2:

They need to kind of really understand what goes through victims, like what their experiences are, and I feel like they often get desensitized because they deal with this subject matter on a daily basis. But they need to know that for us that's our whole life in plodding and crumbling underneath us and we have no control or anything. But they need to really understand that each and every interaction is so important in a victim's journey of seeking justice. I think it can be the crux of why people drop out as well, like if they don't have somebody who they feel is truly advocating for them and it really has a genuine interest in the case to ensure that everything is done properly. I think without that, yeah, they just they need to understand every, every interaction is so pivotal.

Speaker 1:

So I agree with you. So, if we can go back to your case was were there from someone from Justice System who supported you or tried to understand you? Would it be police officers or lawyers and so on?

Speaker 2:

So I had a lot of challenges in my case and there was some positives as well. I think when I first reported once I'd been given a SOET officer, which is like the sexual offences investigative trained officer, so quite specialist. They were great for like the first 18 months up until the charging decision and then that completely went downhill. But for the first 18 months they did keep me updated. I felt kind of listened to, properly heard and fully understood. But, as I said, like once, once the case had got a charging decision, all that open communication completely vanished. It was really challenging to try and get hold of them. I actually went through three different SOET officers in my in my process.

Speaker 2:

So having to constantly chop and change with who's supposed to be that support person, just as you're getting used to somebody and being able to have a good like rapport with them, oh no, the next one comes along. So yeah, I even had an experience where the last one I had completely absconded. I had no, no response from her, from calls, texts, emails, nothing, not even like an auto response from an email there was. There was nothing. So at that point I also had a new detective constable in my case. I didn't have any contact information for you because I hadn't met them.

Speaker 2:

So I was at one point in the whole process of leading up to the trial that I just had no contact with the police officer whatsoever. I ended up calling 111 to, which is like a non-emergency police number to be like this is the name of the person I think they're in this police station. Do you have a contact email for them or something I can like reach out to this person? I need? I need answers to some questions and so like to have that kind of experience is a bit crap, yeah.

Speaker 1:

Can you imagine like trying to chase a police officer who must be responsible for your case and even calling 111, which is on the same, never heard of?

Speaker 2:

Indeed, but that was positive, I think, like again with all the issues I had with the police and I could unpick a lot of issues that happened with the police but I ended up reaching out to a CPS lawyer directly, with the support of Clare Waxman, victims Commissioner of London, and I was able to to get a meeting with a CPS lawyer in my case just to discuss everything and kind of really give me some answers to the many questions I had, and it was a really positive experience. I would have to say that that three, three hour conversation I had with him, or just under three hours, relinquished a full three years worth of stress and anxiety. I really felt like, wow, okay, I can go to court, I know exactly what to expect. I know that this guy knows my case. Like this is, this is going to be fine. I, I, I.

Speaker 2:

That was like a really positive, positive experience with the CPS and that's like those are the moments that I really feel need to become the norm, like it shouldn't just be because everything was so terrible and I had to really fight and advocate for myself that I was able to source that. That should be the golden standard for everyone, because it makes such a world of difference to actually have that opportunity and it completely puts people in different mindsets. I know more commonly that people end up meeting the prosecutors on the day of the trial, which you have this very brief, very scary moment of like five minute conversation with a person that's in charge of your destiny in the courtroom Like it's just an insane prospect. So the fact that I had that prior to when the trial was due to start was immensely beneficial and filled me with confidence that I could continue the journey with this like quest for justice as such.

Speaker 1:

Wow, it's incredible. And how would you say? I mean because at the end you said that your case was dropped. And how did they come up, if I can ask, with this kind of six somnia? Because, again, like I guess it would be really interesting for our listeners that how the process works.

Speaker 2:

Oh, I think you've broken up a little bit.

Speaker 1:

Oh, sorry, sorry, sorry. So yeah, I just asked like how they came up with like six somnia and how the process was leading up to that, because, as you said before, everything was so fine and then they just came up with it.

Speaker 2:

Indeed, yeah, it came as quite a surprise. So I guess the best way of explaining it would be so, starting from, I guess, the kind of beginning of the sleep side of things. So it was actually like one afternoon in like June 2020, I think it would be, where I received a call from my service officer, completely out of the blue. Like I had minimal contact with the police since the charging decision. So this call came as quite a shock. I was at work I remember it so, so vividly. Like as soon as I saw her number on my phone, my stomach sank, my legs turned to jelly and I just felt so weak and physically sick. I mean, it was a brief call, but one that definitely stuck with me and she called to say that the CPS returned them asking for more evidence. So at this point I was in like absolute dismay, like how was this even possible? Because at that point the case was actually due to be seen in March 2020, but due to COVID, it was postponed. So I was like how can they even be seeking more evidence? At this point, the trial would have already started if it wasn't to COVID. So, like I was just completely baffled. So, basically, the officer kind of advised that the defense wanted to appoint a sleep expert, but the officer hadn't no further information whatsoever and I had, like, numerous questions but she wasn't equipped to answer them. So she essentially just dropped that bomb in the middle of the day while I was at work and couldn't even clarify what this actually meant. So, yeah, I had to leave work, couldn't really continue my shift. I was just so angry, confused, concerned, and it was actually at that point that kind of led me to speak to the CPS lawyer and that's like I was able to source that call. Really, I mean, it wasn't easy to access or arrange but, as I said, with the poor service levels of the police, the lack of engagement and communication, I did have to go to the horse's mouth, straight to the horse's mouth, and that was the CPS. So it was after that call that he advised that they would like. The defenses basically asked if I would do a sleep expert questionnaire and this man, the CPS lawyer, he reassured me that the additional evidence request was really merely a tip box exercise and he didn't have any concerns. So I definitely felt comfortable undertaking that additional request.

Speaker 2:

It was shortly after the interaction with the CPS that I actually received this 15 question questionnaire about my sleep. I returned that to the police officer within days and then they submitted that to the CPS and that was the last I heard from them until I received a call from my serrat officer on a Monday evening on October 2020. And that's when they called the police officer to say look, we are having a meeting tomorrow. You need to come down to this local South London police station. There's gonna be a CPS representative there as well. But they wouldn't tell me any more information.

Speaker 2:

So of course, my mind went absolutely wild with all the possible variables about why this meeting was due to be held. Is there, like, further evidence required, or is there court delays again? And then I had to essentially wait 20 hours for this meeting to be conducted. Barely slept that evening like it was horrible. So, yeah, I walked up to the local police station on the following day and, yeah, I was expecting the worst. But nothing can actually prepare you to hear the worst.

Speaker 2:

And I would describe this day as like the day that my life turned upside down and took a diet turn, and it was like more so than the actual rape itself. So they had this meeting in a local police station I was with seven other people present in a blend of in-person and remote settings due to COVID, so there was like two senior CPS representatives, four police officers and my independent sexual violence advisor and, of course, me. It was very top-heavy. I feel like their power and control in this space was incredibly weighty and it didn't set me at ease at all. And it was about after 25 minutes of him talking about the incident in far too much detail. It literally felt like I was in a courtroom and he was opening up to a jury. After I asked him could you like please cut to the chase and let me know what on that's happening? He told me that my case was being closed, marked as no evidence, which is a very, very affirmative case closure with claims that I suffered from an episode of sex omnia, so my rapist would be acquitted without him ever being put in front of a jury and his statement challenged. And that was the first time that I had heard about sex omnia.

Speaker 2:

When they dropped my case I had no opportunity to kind of challenge it. I had no opportunity to kind of seek another opinion as such, like I can quite fathom that this diagnosis as such had all come from a 15 question questionnaire. I just couldn't comprehend how somebody who had never even physically seen me or assessed me or even spoken to me on the telephone could come to the conclusion that that's what happened that evening. And like looking back on it now, it's just an insane clutching of straws out there concept to pluck this out of thin air. It's just baffling. It still dumb-founds me. When I say it out loud and I try to rationalize it, it's still something that I just find so, so shocking, so so shocking.

Speaker 1:

No, as a girl, as a young girl as well, I hear it. I'm like how is this possible? How do we live in a society where, based on the question there, especially in such a serious case, a person is basically, as you said, diagnosed with some weird disorder without having had like a medical opinion or, yeah, like a medical opinion?

Speaker 2:

And it's crazy and that's something that they. It's something I challenged immediately with the CPS. I was like how can these like? Because it was actually two sleep experts, one that the defense appointed and then the prosecution had appointed a second opinion, but that second opinion was merely like a comment on the original report by the defense. No further questioning or interrogation of me or my sleep or any like extensive sleep study, because to have a diagnosis of sexomnia you have to have. Or, from what I understand in my research since the case has been closed really there's a polysomnography which can give you a good insight into your sleep behaviors, a history with your bed partners, no bed partners.

Speaker 2:

I had it at the time. I think it was a good like 13, 15 years of sleep history with my current partner and my ex partner and they were all willing to go on the record and discuss my sleep. That was not even considered and then to have no real like. I've never really been to a doctor about any sleep issues. I had like the occasional sleepwalking, sleep talking as like a teenager and younger, but nothing in my adulthood, and also the occasional sleep talking, which I think half of the country does have. So it's just a very slippery slope for the fact that so loosely it can be diagnosed and it just feels like an extreme form of victim blaming, which I think is incredibly dangerous for people to manipulate this within the courts.

Speaker 1:

Yeah, it's incredibly dangerous, especially like when they're trying to promote actually the opposite and saying that, no, we are caring about the victims, we are on their side. And then I see you and obviously I guess there's so many other women who are experiencing it, and such a terrific experience and I just have the question leading to that. So, if someone is currently experiencing the same treatment from the justice system and your courage, strengths, obviously inspire what would you say? What would help you to stay strong through this whole experience?

Speaker 2:

Oh gosh crikey. Well, help me stay strong. Throughout my journey. I think it was a combination of Clearing myself up. At every stage I felt like I needed to read up and fully understand what was coming like, what to expect, like I mean, I know it's really not everyone's cup of tea, but it certainly worked for me. I think for me, knowledge was power. I just needed to quit myself, to understand if something felt wrong or unjust. I could just ask the right questions and ensure that everything was on track, because I just wasn't going to let someone who couldn't do their job correctly affect how I was going to get through this.

Speaker 2:

I also feel like self-care and connection with friends, family, partner. They were my pillars and picked me up when I was flat, when I was not willing to continue, or I was there so many times I could have just chucked the towel in. I feel like if I hadn't told them about what was going on, I don't think I would have been able to maintain the energy to continue that kind of justice journey, because it's draining from start to finish. I mean, I'm not even finished in this justice journey yet, but it's still ongoing. But it's just so tiring If I didn't have the support around me to decompress, share my experience, pick me up when I'm down it would not be where I am now but also support from organisations and charities, and also the likes of Claire Waxman and the Victims Commissioner of London at our office. They were an integral part of my journey.

Speaker 2:

I think their willingness to listen and understand my experiences really allowed me to find my voice and recognise the power of vulnerability.

Speaker 2:

I think Claire and her team taught me that our experiences can be used for good, no matter how difficult or challenging, and I learned that we can challenge the status quo, advocate for change and do like we can make a real difference in the lives of others.

Speaker 2:

And they also connected me to the incredible BBC Journalists that I'd worked with for three years on the documentary Sex on the Aircase closed on BBC I Player. They all contributed to my understanding that I wasn't alone in my struggle and it's important to remember that healing is a process and that it's totally okay to have moments of vulnerability and to lean on your support system and take things one step at a time. I just think, like to any person who is listening and has gone through a similar experience, please know that your voice matters and your story is significant. You are not defined by what's happened to you and there is hope for healing and reclaiming your life. Stay strong, believe in yourself and reach out for the support you deserve, because you are not alone and there are people who want to stand by you on your journey to healing and justice.

Speaker 1:

Well, that are such beautiful words. Like you said, think everything, like when you see what comes out from your mouth is so beautiful and so powerful. Thank you, and it's incredible. And is it possible to watch your documentary, or it's still in the process? I'm sorry if I don't know.

Speaker 2:

I don't know. That's cool. I mean, the documentary on BBC Three came out late last year. It's currently on BBC iPlayer in the true crime section. At the moment it's on the true crime landing page at the moment on iPlayer, so it's got a nice little rejage online. We recently won an award at a broadcast digital award, so that was nice.

Speaker 1:

Incredible, so we'll leave the link to our listeners to watch as well. So anyone who's listening, please go and watch the documentary and just any final thoughts you want to share to our listeners.

Speaker 2:

Yeah, definitely. I mean I think you've probably gotten from my from here today like navigating the criminal justice system in its current form is something that could not be taken lightly. It's an uphill battle from the get-go, especially relating to sexual violence or domestic abuse. There are challenges at every point, but I feel we should all be aware that we can challenge these organisations. It isn't an easy journey, but with the support of friends, family and support services, you are not alone. Someone is there to listen to you, support you, inspire you and pick you up. Our voices can collectively contribute to a change in our justice system and on a broader level. We have to use our voices. We do have to make ourselves heard.

Speaker 1:

Yeah, yeah, thank you. It was such an incredible talk. Like even just as a girl, just as a person, I feel your energy through this kind of just audio and talking and it's such a pure, clean and amazing energy. So thank you so much for sharing it and for being such an advocate for women, and especially in such a difficult case as rape and sexual abuse. Take care of yourself. And thank you so much again for coming.

Speaker 2:

Thank you obviously much for the kind words and having me on. I really appreciate it.

Speaker 1:

With less than 2% of rape cases ever coming to trial, it is obvious that not enough is being done to protect victims of rape, where the trauma and violation of women have experienced from perpetrator is heightened by the lack of care in the court process. We oppose all violence against women, and this episode highlights the need for the immediate reform of the criminal justice system.

Challenges and Advocacy in Rape Justice
Addressing Biases in the Justice System
Support in Healing and Seeking Justice
Reforming the Criminal Justice System