In defence of self-defence
Clean out your kitchen cupboards! Your bathrooms too! Did you know a spray can is a dangerous weapon? Especially when it's in the hands of a woman.
This appears to be the conclusion drawn by the NSW Court of Criminal Appeal last week, when a woman was found guilty of possessing a dangerous weapon in a public place.
In 1992 Joanne Taikato was walking near her home in Liverpool. Police stopped her to question her about an incident in which she had no involvement. She agreed to be searched, however, and the police found an unmarked can of formaldehyde in her bag.
Taikato had bought the chemical spray for self-defence after someone had broken into her home and tried to assault her and her husband. She had argued that self-defence constituted a lawful purpose for being in possession of the spray can.
However, she was convicted of this heinous offence and fined $400. The judges decided that she could have claimed possession of the can in self-defence only if she had been experiencing a “reasonable apprehension of imminent attack or imminent danger”.
OK. Let's get this straight. It's illegal to carry around a can of fly spray or deodorant to protect yourself. So what do you do?
Scenario number one. The guy approaches you. Then and only then do you know you're in imminent danger. You say, “Hang on a sec. Can I just run home and get my can of fly spray to fight you off with?” Seems a little implausible, doesn't it?
Scenario number two. Maybe a shop would be closer. You could go and buy a can.
Or maybe the court will persuade would-be muggers and attackers to give their victims just a little bit of notice, so that we would be able to prepare our self-defence.
It is ludicrous that our judicial system takes so little account of reality. Many women live in fear of attack. Various methods are used to empower women to feel they can walk the streets freely and not become the victims of violence. These include classes in self-defence or martial arts, carrying an alarm or whistle with which to attract attention or carrying a small can of hair spray, fly spray or deodorant to spray in a would-be attacker's eyes to allow yourself enough time to run free.
Sometimes women learn about these methods only after they have survived an attack. Others learn about it earlier, thanks to community awareness and education campaigns.
Violence is endemic in our society. Many people are involved in campaigns to raise awareness and try to put and end to the causes of some of this violence: poverty and unemployment, lack of properly funded support systems and so on. At the same time, to be prepared to act in one's own self-defence is every woman's and indeed every person's right -- whether the courts recognise this reality or not.
By Kath Gelber
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