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I’m having a problem coming to terms with the experiences I’ve had thus far with the criminal justice system and am hoping someone can perhaps give me a different outlook or perspective.
My ex assaulted me back in July 2012 when he punched me in the head without warning during an argument then proceeded to grab me by the back of the head shaking me while my face hit the middle console. All of this while he was driving at 80km/hr and our 11 month old was in the back seat. He was charged, pled guilty and we are now awaiting his sentencing that has been postponed so far about 4 times. He had assaulted me about 9 months prior by pushing me up against the wall, lifting me off the floor by my neck with our then 3 month old daughter in my arms, banging my head against the wall in the process. Thankfully, she was unharmed but my 4 yr old (at the time) heard the commotion and went into hysterics. I did not call the police at that time choosing to try and work through things on our own…bad idea.
So a year later after much reflection, I’m absoultey disgusted with our criminal justice system. I wonder whether my experience is common-place or if I was just unfortunate to end up dealing with some crappy individuals.
It started when my ex was arrested. The detective on the case called me late that night to tell me he would be released and also took my verbal impact statement at that time. The detective asked where I was staying and I had indicated I was residing at my parent’s home temporarily since it was a safe and supportive environment. The detective then stated that my ex should be allowed to reside in the home since I wasn’t going to be there. When I expressed my concern that I didn’t feel my ex could care for my 2 dogs with his work schedule since he worked sometimes 10-12 hrs/day, he got quite heated saying there was no reason that my ex shouldn’t reside in the home and that my ex said he would care for the dogs. He also said that my ex had to finish painting his uncle’s car, which blew me away. For a week, I had no access to our clothes/belongings since a restraining order was in place against him, and I had no idea if my dogs were being taken care of. As you can imagine at a point where I was drained, terrified and still bruised I was beside myself. I figured the detective was viewing my ex as the victim and, as I had been worried all along, would believe what he was saying since he could be very charming and believable when he wants to be. <O
I won't even start with my CAS experience. Let's just say I'm not a fan.
It was shortly after this that I found out my ex had a history of violence against women. I found his release conditions in a pile of our papers in our office (I was dividing up our stuff and putting his aside). He had never disclosed this to me. From what I understand he was charged, pled guilty and received a conditional discharge. So it was wiped after his probation. I never would have known about that had I not found it. What was upsetting at this point in time was the assigned detective would have been privy to this information when he allowed Kevin to reside in our home for the week following the assault.
Ok, so then I start speaking with contacts at VWAP. They give me a run-down of what will occur and were actually a wonderful resource. I provide my victim impact statement to them. He pleads guilty to assault but they wipe the bodily harm apparently since there is no medical record. I’m told his history is not allowed to be presented. There are plenty of pictures however to show the bruises, split lip, blood on the seat and cracked windshield. His sentencing keeps being postponed since they were waiting for him to finish the New Directions program (2<SUP>nd</SUP> time through I might add). Then this last time his lawyers postpone the sentencing because one has a son graduating, they say. My ex tells my parents they postponed it because they were waiting for another letter from one of the programs he’s in. I’ve shown up twice now to read my impact statement and both times have been told it’s postponed after paying parking and taking time off work. He’s been told the night before. Grrr.
<OThe real eye opener for me has been my discussions with VWAP and the Crown. My ex has a criminal history (prior assault charge and restraining order against him) but because he doesn’t have a criminal record none of his past history is presented. So in essence from what I understand an individual can commit a vicious assault every few years and receive a conditional discharge each time. As long as they commit the assault outside their probationary period, it is wiped as if it never happened and the courts will NOT have access to this info when they negotiate his plea. The only way his/her history is presented is if it’s requested for the sentencing and even then it may not be granted. Am I going insane? Is that not ridiculous?
<O
I can totally comprehend if one has commited an assault once …everyone should be given a 2<SUP>nd</SUP> chance (depending on the severity of course). But how many chances should one get? Why isn’t the public privy to this information? Why do a criminal’s rights supercede the rights of his/her past, present and future victims? Quite honestly, I can’t get my mind around it and although so many people in the system tell me it’s frustrating and unfair, they also tell me “It’s just the way it is”. So WHY is it like this?
I can’t get over how much the rights are protected of individuals who commit crimes repeatedly. When I wrote my impact statement I was told I can’t include his past history since it’s unfair to him. It doesn’t give him a fair trial if that info is presented. Hm, well perhaps he should have thought about that before bashing my head in. I’m also told I can’t talk about when he breached his conditions because he wasn’t charged yet. I’m trying to explain why I fear him and want a restraining order but again, it’s unfair to him.
So what about my rights as the victim? What about his past victim’s rights? I just don’t get it at all and don’t understand why everyone just accepts it. It seems like if you have someone who knows the system and is a great manipulator he/she can go through his/her whole life assaulting individuals and never have a record or serve jail time. It doesn’t make any sense to me. Perhaps someone can shed some light though if one more person tells me “Its just the way it is”, I may have a meltdown lol.
My ex assaulted me back in July 2012 when he punched me in the head without warning during an argument then proceeded to grab me by the back of the head shaking me while my face hit the middle console. All of this while he was driving at 80km/hr and our 11 month old was in the back seat. He was charged, pled guilty and we are now awaiting his sentencing that has been postponed so far about 4 times. He had assaulted me about 9 months prior by pushing me up against the wall, lifting me off the floor by my neck with our then 3 month old daughter in my arms, banging my head against the wall in the process. Thankfully, she was unharmed but my 4 yr old (at the time) heard the commotion and went into hysterics. I did not call the police at that time choosing to try and work through things on our own…bad idea.
So a year later after much reflection, I’m absoultey disgusted with our criminal justice system. I wonder whether my experience is common-place or if I was just unfortunate to end up dealing with some crappy individuals.
It started when my ex was arrested. The detective on the case called me late that night to tell me he would be released and also took my verbal impact statement at that time. The detective asked where I was staying and I had indicated I was residing at my parent’s home temporarily since it was a safe and supportive environment. The detective then stated that my ex should be allowed to reside in the home since I wasn’t going to be there. When I expressed my concern that I didn’t feel my ex could care for my 2 dogs with his work schedule since he worked sometimes 10-12 hrs/day, he got quite heated saying there was no reason that my ex shouldn’t reside in the home and that my ex said he would care for the dogs. He also said that my ex had to finish painting his uncle’s car, which blew me away. For a week, I had no access to our clothes/belongings since a restraining order was in place against him, and I had no idea if my dogs were being taken care of. As you can imagine at a point where I was drained, terrified and still bruised I was beside myself. I figured the detective was viewing my ex as the victim and, as I had been worried all along, would believe what he was saying since he could be very charming and believable when he wants to be. <O
I won't even start with my CAS experience. Let's just say I'm not a fan.It was shortly after this that I found out my ex had a history of violence against women. I found his release conditions in a pile of our papers in our office (I was dividing up our stuff and putting his aside). He had never disclosed this to me. From what I understand he was charged, pled guilty and received a conditional discharge. So it was wiped after his probation. I never would have known about that had I not found it. What was upsetting at this point in time was the assigned detective would have been privy to this information when he allowed Kevin to reside in our home for the week following the assault.
Ok, so then I start speaking with contacts at VWAP. They give me a run-down of what will occur and were actually a wonderful resource. I provide my victim impact statement to them. He pleads guilty to assault but they wipe the bodily harm apparently since there is no medical record. I’m told his history is not allowed to be presented. There are plenty of pictures however to show the bruises, split lip, blood on the seat and cracked windshield. His sentencing keeps being postponed since they were waiting for him to finish the New Directions program (2<SUP>nd</SUP> time through I might add). Then this last time his lawyers postpone the sentencing because one has a son graduating, they say. My ex tells my parents they postponed it because they were waiting for another letter from one of the programs he’s in. I’ve shown up twice now to read my impact statement and both times have been told it’s postponed after paying parking and taking time off work. He’s been told the night before. Grrr.
<O
The real eye opener for me has been my discussions with VWAP and the Crown. My ex has a criminal history (prior assault charge and restraining order against him) but because he doesn’t have a criminal record none of his past history is presented. So in essence from what I understand an individual can commit a vicious assault every few years and receive a conditional discharge each time. As long as they commit the assault outside their probationary period, it is wiped as if it never happened and the courts will NOT have access to this info when they negotiate his plea. The only way his/her history is presented is if it’s requested for the sentencing and even then it may not be granted. Am I going insane? Is that not ridiculous? <O
I can totally comprehend if one has commited an assault once …everyone should be given a 2<SUP>nd</SUP> chance (depending on the severity of course). But how many chances should one get? Why isn’t the public privy to this information? Why do a criminal’s rights supercede the rights of his/her past, present and future victims? Quite honestly, I can’t get my mind around it and although so many people in the system tell me it’s frustrating and unfair, they also tell me “It’s just the way it is”. So WHY is it like this?
I can’t get over how much the rights are protected of individuals who commit crimes repeatedly. When I wrote my impact statement I was told I can’t include his past history since it’s unfair to him. It doesn’t give him a fair trial if that info is presented. Hm, well perhaps he should have thought about that before bashing my head in. I’m also told I can’t talk about when he breached his conditions because he wasn’t charged yet. I’m trying to explain why I fear him and want a restraining order but again, it’s unfair to him.
So what about my rights as the victim? What about his past victim’s rights? I just don’t get it at all and don’t understand why everyone just accepts it. It seems like if you have someone who knows the system and is a great manipulator he/she can go through his/her whole life assaulting individuals and never have a record or serve jail time. It doesn’t make any sense to me. Perhaps someone can shed some light though if one more person tells me “Its just the way it is”, I may have a meltdown lol.
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