Abusive husband files false charges

dadtotheend said:
Maybe so, but someone coming to the police with bruises doesn't mean that the bruises were inflicted by their spouse. It's not OK at all to make that leap of faith!!!
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i can understand that but what happens the time that the person being abused is killed by the abuser. I would rather have the cops make err on the side of caution.
 
dadtotheend said:
Maybe so, but someone coming to the police with bruises doesn't mean that the bruises were inflicted by their spouse. It's not OK at all to make that leap of faith!!!
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No, they have to take a statement from both the vistim and the accused. It is not a leap of faith to have someone charged with assault if both the person's statement, the nature of the injury and the surrounding circumstances all point towards the spouse. And then the judge will look at the evidence to decide IF there was an assault, and if there was, what the punishment is.

Yes, sometimes false charges are laid. Yes, sometimes people are wrongly accused, maybe even sometimes convicted. But in the majority of cases it WAS assault. If a woman who is abused cannot have some faith that the law will support her and punish her abuser, then what help can she expect?
 
billiechic said:
No, they have to take a statement from both the vistim and the accused. It is not a leap of faith to have someone charged with assault if both the person's statement, the nature of the injury and the surrounding circumstances all point towards the spouse. And then the judge will look at the evidence to decide IF there was an assault, and if there was, what the punishment is.

Yes, sometimes false charges are laid. Yes, sometimes people are wrongly accused, maybe even sometimes convicted. But in the majority of cases it WAS assault. If a woman who is abused cannot have some faith that the law will support her and punish her abuser, then what help can she expect?
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Let me correct that for you:

"Yes, MOST OF THE TIME false charges are laid."

Why do you think the conviction rate for domestics is so low? The lowest among any crime out there including regular assault, DUI, drugs etc,?
Even though domestics are prosecuted more vigourously than any other crime the conviction rate is still amongthe lowest.

I'll tell you why: The accusers are women. The accuers are usually going through a divorce. Andthe accusers are liars. Pretty simple. It's not rocket science.

Do women get abused? Absolutely. And when they do it is a disater and a shame on society as a whole. But what is teh % of REAL abuse? I would say 20% of women get abused and an equal number of men get abused.

If the majority of teh cases were really assault then the conviction rate would be 1.5x what it really is. Most domestic charges are based on lies and police embellishment.
 
I'm not lazy, you are the one spouting numbers. Do you have any basis for your opinions? Dadtotheend has already asked for your sources.
 
billiechic said:
No, they have to take a statement from both the vistim and the accused. It is not a leap of faith to have someone charged with assault if both the person's statement, the nature of the injury and the surrounding circumstances all point towards the spouse. And then the judge will look at the evidence to decide IF there was an assault, and if there was, what the punishment is.

Yes, sometimes false charges are laid. Yes, sometimes people are wrongly accused, maybe even sometimes convicted. But in the majority of cases it WAS assault. If a woman who is abused cannot have some faith that the law will support her and punish her abuser, then what help can she expect?
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so what you are saying is, she was charged with assault after the police received a statement from him AND her? the policed believed him who obviously faked the injury instead of her who did nothing?
 
so what you are saying is, she was charged with assault after the police received a statement from him AND her? the policed believed him who obviously faked the injury instead of her who did nothing? <!-- / message --> <!-- controls -->

HelplessDad,

To clarify, no statement was ever taken from me. I was arrested SOLELY on my husband's word and the bruise of his self-inflicted injury. And there's nothing I can do, apparently. I am the one who is Helpless...
 
helplessDad said:
so what you are saying is, she was charged with assault after the police received a statement from him AND her? the policed believed him who obviously faked the injury instead of her who did nothing?
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No, I waS resonding to the post above mine. I was referring to the usualy process, not this situation. I read the original post and understand that her statement was not taken. Her lawyer should be using that.
 
Billiechic,

When I spoke to my lawyer from the detention centre, he told me not to make any statement. But regardless, I was not even asked if I wanted to make one or if I had anything at all to say. It really sucks, and this is after they have a record of my previous contact with the police. I wonder if Cl4 has any statistics on how many men make false allegations????
 
standing on the sidelines said:
i can understand that but what happens the time that the person being abused is killed by the abuser. I would rather have the cops make err on the side of caution.
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I would rather the cops make an arrest when they have reasonable belief that 1)a crime was committed, and 2)they have cause to know who did it.

I completely disagree with an approach that shoots first and asks questions later. Lives are ruined when this happens.

As for erring on the side of caution becuase of the possiblity that someone gets killed, there are approximately 75 murders a year in the GTA. A good portion of those are not domestic violence related, and a good portion are.

How many arrests for domestic violence do you think happen every year? Thousands, tens of thousands? Is it just to falsely arrest hundreds or thousands on say so evidence? If so, can we now just call the cops every time we think Joe or Mary drove drunk and have them arrested?

Domestic violence is not cool at all, either man or woman, period. But that doesn't open the door to charging people on a person's word alone, especially an emotional, separating spouse. There must be something to corroborate the allegation.
 
darn. Like the Polkaroo...missed him again!

I do agree that there is A LOT of damage done from a domestic assault arrest. There needs to be evidence. Solid evidence.

I could have had my ex charged, but I didn't. It isn't always the right way to go. Sure, it would have got me sole custody and prevented the ridiculousness that is going on now. But I knew I would be leaving shortly and warned him that if he ever touched me again I would be charging him. Sure, he just increased the mental abuse, but I got out. And that was all that mattered to me at the time. I still don't regret that choice because it let him CHOOSE to be a good dad. Could I live with it if I had been the one who took that from my daughter..NO.

So yeah, I do agree with DTTE. just coming in and saying "he hit me" is not enough. Maybe they should be having the victims and accused assessed by a psychiatrist or something; behaviour tells a lot and it might help weed out the liars. Sure, it would cost taxpayer money, but we are spending it anyway in these cases and in law enforcement costs.
 
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