Monday 16 September 2013

Sweetest Taboo 3 pt 9




The courtroom hums with whispers from the spectators about which way this case will go. The doubt hangs over like a nimbus cloud. Most of the room is a population of women and only a handful of men. Perhaps it is this proportion that drops ambiguity about which way the wind will blow. Mrs Bwalyagives me a cold look. It is saying win or lose your job. Lucky for me I am thoroughly prepared and I suppose better than Dante would have been. I decideto block out any issues between Trevor and I and ask that he not be presentwhile the trial takes place. It is a bit distracting albeit downright frightening to be in the presence of one who tore at the core of your heart. Dante was right. I do need to let it go but that day is not today.

The judge walks in and the court rises. My client istrembling beside me but I have every confidence she will do just fine despite how much the defence will put her in a bad light.
‘Your honour we move that you dismiss all charges against our client based on the evidence that has been put forward. The character ofthe victim is against her and with no prior convictions, our client cannot be heldliable-‘

‘Objection your honour. As clearly stipulated, counsels arguments are purely speculative. There is new evidence which clearly suggest that not only did the rape take place but that the accused DNA has been found. Ourwitness has also testified that she saw the victim leaving the defendants house in a flood of tears. Not only that, but also, there are some teachers at the school who were aware of the problem said teacher has presented in the past soto say that he has no prior convictions, is fading the truth’ I leave him no chance for a comeback. He knows when I enter this room I aim to kill. Dante may go easy but I cut to the chase with my short self.

‘I’ll hear the closing arguments and then allow the Jury to decide. Proceed’
‘So we have all heard the case before us. How a teacher whohas served your community for 15 years, a man who has taught a lot of our generation with no prior criminal convictions, has today been accused of a vile thing such as rape. It is not only unfair, it is casting a cloud over thejudgement of the parents who take their children to this school. It is tellingthem that the people they entrust with their children too co parent are not worthy.

But when you look at this pictures (he places photographs infront of the Jury) could you say that this girl is indeed innocent? From her provocative dressing, to the makeup on her face, how do we tell that she was indeed raped? Or that she succumbed to the advances and that it was in fact consensual sex which after it happened, she needed an alibi for why she was no longer a virgin. I ask that you think carefully before you destroy a man’scareer and life over a child who does not understand the meaning of long skirt’ I cannot actually believe my ears. He really believes that is an argument he can actually close with and win. It is then that I knew they have been bluffing all along or his abilities as a lawyer have diminished. I used to admire thisman so much but now, this case just weakened him. I guess he got the crap endof the deal really. Mrs Bwalya looks at me. Of course this will be the very first time she is seeing me in action and it makes me slightly nervous. After abrief moment she turns and smiles at Dante flirtatiously. Bitch! I get up and get ready to do my thing.

‘Sitting here in this court room we have heard various testimonies. Some of which have made our stomachs turn-‘ I turn and look at the defence table emphasising their gross nature ‘and some which have been heartfelt-‘ pause for effect ‘like that of a father whose heart has been wrenched in two for the harm that has befallen his household. Like that of themother who knows not where to begin in comforting her daughter. Sure the fatherhas wronged society with the same double crime in the past but he has done histime. The point of our justice system is to teach people a lesson and set anexample for others. It is this experience that makes him qualified to understand the gravity of the wrong this man has inflicted on his adopted daughter.

Now the defence here tells us that the child is to blame because of her clothing or wayward nature. I disagree. They are missing the point in the term rape. It is not something that happens to someone who is dressed provocatively nor is it something happens because of sexual need. It issomething that has happened to babies of 8 months old. Do we say they areasking to be raped because they have their pampers on show? Or the nuns who get attacked despite the long robs they have and wait what about the men who are now raped left right and centre? Are men dressed provocatively? I do not believethat even a prostitute deserves to be raped. Some may frown and object to thisbut it is because they lack understanding of this issue.

Autonomy is something accorded to each and every human. It isour right to do as we please with our bodies. It is this autonomy that gives usthe ability to consent or refuse treatment in hospital. It is a fundamental reason why human rights were recognised. So one may be a prostitute but if no means no. A child such as my client is not to treated with such hostility that this vile crime should go unpunished. Teach her how to dress if you must, butdo not encourage rapists to get off the hook simply because someone was dressed a certain way. Rape is about power. It is not about sexual desire that is why it can happen to anyone. It is something that my client will have to become used to in the sense that it will be a part of her life. How long she takes to heal will depend on whether or not justice is done. It will affect her life from her relationships to living in perpetual fear until she deals with thisdemon that has possessed her. Ladies and Gentlemen of the Jury, if she were yourdaughter, would you turn the other way? Or would you also bring charges againstthe school for harbouring a criminal and sacrificing our children to be devoured by this man one by one? I rest my case’
Mrs Bwalya looks at me with a proud look on her face but I don’t care. I ought to pull her weave out the way she has been citing my man. Yes hehas not officiated it but even the blind know he is mine. I strut my thing back to my table and sit proudly next to Dante.

‘You were awesome but you already know that. What do you want to do tonight?’
‘What makes you think I am seeing you tonight?’ I ask cheekily biting my lip.
‘You cannot resist me-‘
‘Nigger please I been resisting you since I knew you’
‘Ah well now you really know me, in my arms celebrating tonight is where you need to be. I already booked us a table with champagne winor lose’ I look at him baffled. This man is determined! After about half an hour the judge returns and orders that he is ruling in our favour awarding K49million. I feel happy and sad at the same time. Happy that the girl has receivedjustice but sad that I just made her father rich. Mrs Bwalya comes straightover excited and congratulating us on a job well done. ‘You must sign yourcontracts tomorrow that’s for sure. Good job’ she shakes our hands and thenwaddles off to her car. Trevor also comes over and asks to speak to me. Iinsist that Dante should stay with me.

‘I would like to thank you for everything you have done. I havenever had a chance to apologise to you personally partly because I did not know where you were. I know you may not forgive me-‘
‘It is fine just go. I will deal with it in my own time thanks’ I give him a half smile and dismiss him. He seems to have water in his eyes but I need to deal with this my way. Whether or not he means it, it does not matter because he has exonerated himself and now it is up to me to either hold a grudge or let it go. I choose to get my life back.

‘Are you OK?’ Dante pulls me to him by arms and just holds me in his arms for like forever. I decide not to start the water works. From now on, with this big man around me, I choose to be strong. ‘Tonight at 8pm I willpick you up. We are going to Portico Restaurant’ Dante whispers. ‘Shekinah-‘
‘Yeah-‘
‘I adore you, you little woman. I absolutely adore you’ I smile in his embrace but don’t show it to him. I adore him too.


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