Judges who belong to the Garrick have a choice: play fair by women, or stand down from rape and sexism cases | Karon Monaghan

Judges who belong to the Garrick have a choice: play fair by women, or stand down from rape and sexism cases  | Karon Monaghan

Judging requires an appearance of neutrality. But members of this elitist club are signalling their commitment to patriarchy

Nobody sensible believes that judges do not bring their prejudices to work but we, as lawyers, and no doubt the public, expect that judges will make an effort to keep them hidden.

Most judges will have to decide a sex discrimination case or presided over a rape or sexual or domestic violence trial at one time or another in their career. When they do, they may well have to remind themselves and sometimes juries of the position of women in society, and counter gender stereotypes that might otherwise influence the outcome of the case. These stereotypes might be those that associate women with certain forms of work, caring for children or doing “womanly” things (like not going out drinking in cosy clubs in the evening), or gender-related rape myths that blame women for men’s sexual assaults upon them. Judges are supposed to do this “without fear or favour”.

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