I have already made a case for separatism in the context of “health” or so-called women’s health, where female-bodied people will only ever be othered and problematized under a more or less global patriarchy. Despite decades of feminist activating by now, and women attempting to change the “healthcare system” so that it is more therapeutic and less oppressive to us, women’s physical and mental states continue to be either over or undermedicalized as a tool of patriarchal control. It probably goes without saying on this blog that women’s experience of the legal system is rife with the same type and degree of male supremacy and misogynistic abuse, despite decades of feminist attempts at legal reform.
The Kristel Candelario criminal case is a recent example of how the legal system others and problematizes women and along with a few other similar criminal cases, I think makes an excellent case for legal separatism, where girls and women who commit violence or other antisocial acts could be dealt with in a way that does not other and problematize females for being female. I say could be because this is so unlikely to ever happen that I only offer it as a thought exercise at this point.
What I am about to propose, that separatist women be in charge of other women who have committed often very serious or violent crimes, and often against children, is probably going to read as science fiction, that’s how entrenched male supremacy and misogyny is in the law, and how foundational male supremacist law is to society. What I am about to propose — not othering women and women having any real political power at all without being patriarchal handmaidens — could only happen on a different fucking planet at this point, but I’m going to attempt to describe what I am thinking anyway and I can only hope my communication (creative writing) skills are up to the task. I am doing this because I think it’s important.
Kristel Candelario has been in the news this month because she has been convicted and sentenced for murder in the death of her 16-month old child. Did she beat the girl to death? No. Did she hand the child off to some male who killed her? No. Kristel Candelario apparently left the child home alone for 10 days and when she came back the child was dead. The prosecution chose to characterize her absence as a “vacation” and maybe it was. She apparently traveled from her home in Cleveland, Ohio to Puerto Rico, and then Detroit, before returning home. But does that sound right to you?
Let me interject some lived experience here, otherwise known as an anecdote. When I was in college, I worked at a supermarket and I hurt my back one night taking the trash out to the dumpster. I filed a worker’s compensation claim because I needed some physical therapy or some kind of treatment for my back, and a couple of days later I was called out of town to attend my brother’s final illness and ultimately his death. I ended up being gone for several weeks if not a couple of months, I don’t even remember anymore. I went from Indiana to Florida, then Chicago, then back to Florida during that time. When I got back, the supermarket’s insurance company interviewed me about my injury and they decided it must not have been that serious if I could go on vacation right afterwards. They used that framing to deny my claim and I didn’t bother fighting it. I had bigger and worse issues by then than trying to get physical therapy for my injured back.
So let’s just say that men who want to control the narrative, to punish women, to deny them their rights, deny them medical care, whatever, are not above claiming a woman’s absence is a vacation when it’s not. In case anyone wondered, or didn’t even think to wonder, that’s a thing men do when they are trying to thwart a woman or fuck up her life. You can read the rest of the article yourself to see how the prosecution and judge — and the media — have framed the other issues in this case. You can see for yourself that the judge sentenced this woman to jail for life, without the possibility of parole, and that while handing down this supposedly rational, unbiased sentence he waxed poetic about the maternal bond that he believes exists because he says so.
Continue reading “The Case for Legal Separatism. Let’s Talk About Kristel Candelario.”
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