February 2006
I was the victim of a domestic assault. The accused was acquitted
recently.
Q. How many times was the woman assaulted before a first charge was laid against her male partner?
A. This was the second time, but I was already fearful of my partner. He said on a number of occasions that he could kill me so despite the physical violence there was emotional turmoil as well.
Q. Was he removed from the scene of the assault to be charged?
A. Yes
Q. Was he handcuffed or otherwise restrained?
A. Yes. The whole thing was traumatic though since I had no idea what would happen after calling 911. None at all.
Q. Was she able to give her statement to the police without the assaulter nearby?
A. Well here-in lies the problem. I didn't understand what the statement would be used for and fearing that I was in enough trouble already from my partner, I declined to give one (an official statement that is). However I co-operated fully with the police on the scene and gave them lots of evidence then.
Q. Did the police advise her of services available to assist/support her?
A. No. But I was later contacted by the Victim Witness program.
Q. Was she asked about any history of abuse when she gave her statement?
A. No. In fact because I was forth-coming with evidence on the scene the police may have not done as thorough of a job. They assumed that I would give an official statement I suppose.
Q. Was she encouraged to accept a peace bond or to enter into alternate dispute resolution?
A. No.
Q. If her assaulter was released on condition that he stay away from her, how helpful were the police in enforcing this condition?
A. Assaulter was restricted 500 m from the house and my place of business. Permitted third party contact only. We had no issues.
Q. Did her assaulter attempt to get her to change her story before trial?
A. I believe the assaulter tricked me into not giving a statement. I was told that a criminal record would affect his job and employability. He told others that he cared about me and wanted to come back. Because his job is most important to him, I was extremely fearful of doing anything more to antagonize him. He was already annoyed that I had dialed 911.
Did I change my story? No and I never would. But I had no one to help me understand what his story might be or the angle he might use to get off of the charges. Had I known that I might have focused on those areas and his story would have seemed less plausible.
A final comment to the Crown:
As a victim I felt I had no real representation. I felt like I was almost naked on the stand and was an emotional mess. My explanation of the truth could never come across as good as the story he made up to fit the evidence. His story was carefully thought-out, rehearsed and planned. My testimony was really just a nightmare relived without the supporting details that would have given it the credibility it required. If the Crown are going to lay charges and make the assaulter angry, it would be nice that they try harder to get a conviction. He was definitely guilty, but he used the standard defence of 'self-defence' and an accident to explain away the violence. Now he seems to think his acquittal is proof of his innocence. If I don't go along with him he will be hauling me into family court. He has the money to "officially" harass me. I suspect I'm safe physically, but I can't ever be sure of that.
I was the victim of a domestic assault. The accused was acquitted
recently.Q. How many times was the woman assaulted before a first charge was laid against her male partner?
A. This was the second time, but I was already fearful of my partner. He said on a number of occasions that he could kill me so despite the physical violence there was emotional turmoil as well.
Q. Was he removed from the scene of the assault to be charged?
A. Yes
Q. Was he handcuffed or otherwise restrained?
A. Yes. The whole thing was traumatic though since I had no idea what would happen after calling 911. None at all.
Q. Was she able to give her statement to the police without the assaulter nearby?
A. Well here-in lies the problem. I didn't understand what the statement would be used for and fearing that I was in enough trouble already from my partner, I declined to give one (an official statement that is). However I co-operated fully with the police on the scene and gave them lots of evidence then.
Q. Did the police advise her of services available to assist/support her?
A. No. But I was later contacted by the Victim Witness program.
Q. Was she asked about any history of abuse when she gave her statement?
A. No. In fact because I was forth-coming with evidence on the scene the police may have not done as thorough of a job. They assumed that I would give an official statement I suppose.
Q. Was she encouraged to accept a peace bond or to enter into alternate dispute resolution?
A. No.
Q. If her assaulter was released on condition that he stay away from her, how helpful were the police in enforcing this condition?
A. Assaulter was restricted 500 m from the house and my place of business. Permitted third party contact only. We had no issues.
Q. Did her assaulter attempt to get her to change her story before trial?
A. I believe the assaulter tricked me into not giving a statement. I was told that a criminal record would affect his job and employability. He told others that he cared about me and wanted to come back. Because his job is most important to him, I was extremely fearful of doing anything more to antagonize him. He was already annoyed that I had dialed 911.
Did I change my story? No and I never would. But I had no one to help me understand what his story might be or the angle he might use to get off of the charges. Had I known that I might have focused on those areas and his story would have seemed less plausible.
A final comment to the Crown:
As a victim I felt I had no real representation. I felt like I was almost naked on the stand and was an emotional mess. My explanation of the truth could never come across as good as the story he made up to fit the evidence. His story was carefully thought-out, rehearsed and planned. My testimony was really just a nightmare relived without the supporting details that would have given it the credibility it required. If the Crown are going to lay charges and make the assaulter angry, it would be nice that they try harder to get a conviction. He was definitely guilty, but he used the standard defence of 'self-defence' and an accident to explain away the violence. Now he seems to think his acquittal is proof of his innocence. If I don't go along with him he will be hauling me into family court. He has the money to "officially" harass me. I suspect I'm safe physically, but I can't ever be sure of that.
References:
Ontario Women's Justice Network. 158 Spadina Road, Toronto, ON Canada M5R 2T8tel: (416) 392-3135 TTY: (416) 392-3031 fax: (416) 392-3136 email: owjn@web.ca
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