Features
The Politicization of the Supreme Court of the United States
The Leaked Opinion of Ruling Against Reproductive Freedom
by Vijaya Chandrasoma
The radical right’s aspirations for control of the US Supreme Court since the 1970s, and the ongoing wet dream of Republican leader of the Senate, Mitch McConnell, are both now a fait accompli. The radical right will have control of the Court for the next few decades, considering the ages of three Justices with right wing values appointed by a treasonous president. And a fourth Republican Justice, Clarence Thomas, whose wife, Ginny Thomas, was actively and seditiously involved in the January 6 insurrection in the effort to violently overturn the November 2020 presidential election.
According to Article II of the Constitution, Justices to the Supreme Court are nominated by the sitting president, confirmed by the Senate. The framers of the Constitution envisaged a Court, representative of the will of a majority of the American people, with Justices appointed and confirmed by presidents who enjoyed the support of the majority of Americans.
Not so, today. Due to the archaic system of the Electoral College, added to the completely lopsided system of representation in the Senate, the current Supreme Court represents a minority of American voters. Two Presidents, Bush Jr. and Donald Trump, who both lost the popular vote to Al Gore (2000 – by 500,000 votes) and Hillary Clinton (2016 – by 3 million+ votes), respectively, have been responsible for the nomination of four Justices, with meagre legal qualifications but with a sycophantic commitment to the values of those espoused by the extreme right, Evangelical wing of today’s Republican Party. The Court now enjoys, and will enjoy for generations to come, a massive conservative 6/3 majority, composed of the Chief Justice and five Justices who do not represent the will of the majority of the American people.
The right to reproductive freedom has the overwhelming support of 80% of Americans, Republicans, Democrats and Independents. The 1973 Supreme Court ruling on Roe v. Wade, reaffirmed on numerous occasions in the past five decades, has been considered to be a super precedent, the law of the land. A ruling which serves to empower women with the nationwide right of choice for an abortion with no governmental restrictions.
Gun control regulations also have the support of 90% of Americans, but will never see the light of day because of the intransigence of a Republican Party venally ensconced in the deep pockets of the National Rifle Association. The complete lack of such regulations saw yet another racially motivated mass murder recently. An 18-year old white supremacist, armed to the teeth with military-style weaponry, killed 10 African Americans and injured three more at a supermarket, targeting a predominantly black community in Buffalo, NY.
The Supreme Court has already started to flex its newfound muscles with a leaked draft opinion to overturn Roe v. Wade, a ruling which has been unsuccessfully challenged by the Republican Party over the last 50 years. The current opinion is designed to leave the interpretation of abortion laws to individual states. 28 states controlled by the Republican Party will outlaw abortion immediately after the ruling is ratified. The remaining states, mainly in coastal areas controlled by Democrats, will retain their existing laws permitting abortion under varying circumstances. It is estimated that 36 American million women will lose their right to choose under this ruling.
Strangely, Republican Justices, Alito, Gorsuch, Kavanaugh and Barrett, who, like all other Justices underwent a scrutiny of their impartiality in the Senate before confirmation, averred, under oath, that they considered Roe v. Wade an established precedent, and had no intention of overturning it. A complete falsehood, possibly tantamount to perjury, as is evinced by their endorsement of the current leaked opinion.
Outlawing legal abortion will not do away with unwanted pregnancies. Pregnant women financially able to travel interstate will still be able to choose to get an abortion in a state that honours reproductive freedom. However, those who are too poor to so travel, women from rural states in the Republican controlled heartland of America, usually blacks and minorities, will be compelled to resort to illegal, unhygienic, back alley abortions conducted in conditions with enormous risks to themselves and to the unborn foetus.
Extracts from the leaked draft resolution authored by Alito:
“We hold that Roe and Casey (another defeated challenge by the right to overturn abortion rights) must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives”.
The Constitution makes no reference to abortion, and no such right is implicitly protected by any Constitutional provision. Alito counters that “although some rights are not mentioned in the Constitution, such rights must be deeply rooted in this Nation’s history and traditions and implicit in the concept of ordered liberty.”
Alito and his radical Justices choose to ignore the fact that the words “deeply rooted in the Nation’s history and traditions” referred to such traditions prevalent during an era in, and context of, the ratification of the Constitution in 1788. Many other freedoms, not referenced in the Constitution, in fact, freedoms specifically denied by it, have, in the past two+ centuries, become deeply rooted in the nation’s history and traditions, and enacted into the nation’s laws. Laws like all women’s right to vote, Blacks to have their humanity increased from 3/5 to 1.0 of a man, civil rights and Jim Crow laws to end segregation, voting rights, the rights of the LGBTQ community and gay marriage are such deeply rooted freedoms which are now the law of the land.
If the Supreme Court is successful in overturning women’s rights of reproductive freedom, there is no doubt that they will next be encouraged to overturn the hard fought freedoms referred to above, especially voting rights, the rights of the LGBTQ community and gay marriage, freedoms which are being bitterly contested by the current Evangelical Republican Party.
The main argument about abortion is when a foetus becomes a human being. Scientifically, up to four weeks, an embryo is just a complex of cellular elements. The brain, spinal cord and heart begin to develop around the fifth week; a foetal heartbeat may be detected by vaginal ultrasound after 5-6 weeks of gestation, which US Christians regard as “ensoulment”, a concept deeply rooted in religion and faith. However, the brainstem of the foetus is fully developed around the 28h week, when doctors are able to monitor foetal brain activity.
All the great religions practiced in the world today are Pro Life, the only difference being the reasons and the stage of the pregnancy for justification of its termination. The Bible is often quoted by the Evangelical right as evidence to justify abortion being the equivalent to murder (thou shalt not kill), although the Good Book makes absolutely no reference to abortion.
According to the Bible, Genesis 2.7, “Then the Lord God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living being”. In fact, one Mosaic law contradicts that the Bible is anti-abortion, clearly stating that miscarriage (which abortion also is, miscarriage by choice), does not involve the death of a human being. Judaism considers the foetus to be part of a woman’s body until the baby is born.
Catholics also believe that life begins at conception. It also believes that salvation and entry into heaven hinges on the sacrament of baptism. This is a central tenet of the Church. However, the Church conducts baptism only after the child is born. It doesn’t baptise an unborn or stillborn foetus. So a foetus which does not make it to childbirth for any number of tragic reasons is presumably denied salvation and entry into heaven.
Though Hinduism and Buddhism have clear Pro Life positions on abortion, involving the concepts of Ahimsa, Karma and reincarnation, the agreed stipulation is that the final decision whether to terminate the pregnancy should be left to the pregnant woman. The Dalai Lama believes that abortion has negative karmic consequences, as it interferes with the cycle of birth, life, death and rebirth. However, he believes that abortion should be approved or disapproved according to each individual circumstance.
One school of thought on Islam teaches abortion is unlawful as a foetus becomes a human being “once the drop of the man had mixed with the blood of the mother”; another believes that “a foetus becomes a living soul after 16 to 20 weeks’ gestation”. According to yet another source, abortion should be determined entirely on the threat of harm to the mother.
In atheistic, scientific reality, a foetus becomes a human being only after birth, when the infant takes his/her first breath, just as death is confirmed when a person takes his/her last breath. Your birthdays are celebrated not on the day your father successfully fertilized your mother’s egg, nor on the day your heartbeat was heard through a sonogram. Your birthdays are celebrated on that wonderful day your parents held you in their arms for the first time.
Roe v. Wade ruled that the decision to allow a woman the right to legal abortion was not just about the age of the foetus. The circumstances of the pregnancy (rape, incest, etc.) were also taken into consideration, as were the dangers of a continuing pregnancy to the health and well-being of the pregnant woman and/or the foetus.
With the proposed opinion to overturn Roe v. Wade, this Supreme Court may rule that abortion will be illegal, under all circumstances and at any stage of the pregnancy. Life, a gift from God, begins at fertilization, with no regard to the circumstances which caused the pregnancy. I am only surprised these religious kooks in Justices’ robes do not consider that life begins at erection.
Considering the most gruesome scenario, this draft opinion against abortion will compel a 12-year-girl, raped by a monster or family member, to carry the baby to childbirth, and gaze upon the eyes and features of her rapist all her life. An unwanted, even hateful tragedy which may prove to be a disaster for both the 12-year old child and the newborn infant.
There is no woman in the world who would want to terminate the life of the foetus growing inside her, unless there are circumstances which would make her life, or that of the unborn, totally unbearable. That decision, those circumstances and that choice, is hers, and hers alone, in consultation with her doctor and her God.
If the US radical right has genuine claims to be Pro Life, they will make benefits like extended periods of maternity leave, help with free care of the newborn child, its health and education. Also they will provide all assistance necessary to the mother whom they have forced to carry the infant to full term to pursue her own personal dreams.
But they will not, not in the USA, anyway. These Evangelical Republicans are not Pro Life; they are simply Pro Birth. Their interest in the well-being of the mother and the infant disappears after birth. Both the mother and the child will be abandoned to fend for themselves as best they could.
This leaked document is only a draft opinion, with no legal status. But there is a silver lining. The implied opposition to overturn Roe v. Wade, a ruling which has the support of the vast majority of Americans, may so incense voters of all stripes to support the Democratic Party in the midterms in November 2022. The attempt to overturn Roe v. Wade might well be the first nail in the Trump Republican coffin, and present the Democrats the opportunity of holding, even adding to, their majorities in the House and the Senate in November, a prospect projected to be highly unlikely before this leaked draft opinion emerged to overturn Roe v. Wade.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
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