Lame excuses #6

And so - in our quest to find all the daft excuses out there - time has once again come to blame drugs; after all it can't possibly be the perpetrator's fault, now can it?

Or - As winnipegsun.com puts it: "It's never their fault".

The Canadian paper is reporting about a disturbing case where a repeat, violent Portage la Prairie offender assaulted his girlfriend so badly, she spent five days in hospital.

And what did the judge do? Well, blaming the man's drug and alcohol use for starters. "He suffers from depression and was on medication at the time." Then she handed down a conditional sentence - house arrest (!) - for the brutal attack.

And this is from a female judge? Holly cow!

It should be noted that the 37-year-old man was on probation for an earlier assault against his girlfriend at the time of the assault, and had a court order to stay away from her.

The reporter (Tom Brodbeck) says, and I totally agree: "In my view, Justice Simonsen, you're completely out of touch with society."

Scary attitudes

Arcane moral values and scary attitudes towards women are being presented in a recent report from a research group at the Norwegian Attorney General.

The report shows that several jury members in rape cases often times will question the moral character of the female victim - "nice girls don't act like this", seems to be a common allegation. Members of the jury will many times challenge the actions of the victim prior to the alleged rape.

On the other hand, the defendant may likely get sympathy from these jury members.

The people in this report had been jury members in six cases which had overturned a previous court sentence.

One may really begin to wonder the jury selection process ...

The second ordeal

In short: Read this story! It is about the need to come forward, and the - sometimes enormous - pressure that a victim/witness may face in a court of law.

Story:
A traumatised victim of a child-molesting teacher told last night of her second ordeal - helping bring him to justice.

The woman, now in her 40s, said giving evidence in court brought back the full horror of the abuse.

Fighting back tears, the woman told how her cross-examination by the defence barrister had left her feeling "isolated, violated and bullied".

She said: "The experience of being a witness, cross-examined in a very challenging and adversarial manner by the defending barrister, has had a significant impact on me. His attempts to discredit me and my occupation, has reopened old wounds and hurts."

During the trial, the defending barrister accused her of inventing the allegations because of an infatuation with him, and she broke down several times.

Source

Come forward!

This case should prove the importance of helping police and the court system - not to mention other possible victims - to make a statement and witness.
It also points to one of the major flaws of the criminal justice system - things that make a common man such as I shake his head in disbelief.
Anyone can become intimidated and afraid of the consequences of coming forward, but still ... At times we simply have to take a stand and fight for what is right, no matter what the consequences may be.

Story:
UK -- Sheffield's top judge launched an extraordinary attack on the criminal justice system after he was forced to sentence a "potential killer" to less than two-and-a-half years in jail.

Judge Alan Goldsack QC, spoke out at Sheffield Crown Court as he sentenced the man - a street thug with 41 previous convictions - for beating and kicking a man unconscious.

The attack was captured on CCTV and witnessed by two police officers, but because the victim refused to make a statement prosecutors ruled there was only enough evidence to charge the accused with affray.

Had he been charged with 'GBH' (grievous bodily harm) the 19-year-old could have been jailed indefinitely for public protection.

Source

Would not report it

If you happen to wonder why so few cases of rape and attempted rape are being brought before the justice system, you ought to read this article from SocietyGuardian in the UK.

Some times I really wonder what century we're living in; are attitudes like these the norm even today?

Australian changes

Australia -- Rape victims will be more inclined to come forward and seek justice under reforms to the law covering sexual assault, NSW Attorney General Bob Debus says.

Under the changes, judges and police will be asked to attend education seminars as part of the reforms.

Victims will have access to one-stop sexual assault centres so they no longer have to separately visit hospitals, police and community service organisations following their ordeal.

The changes also reduce the number of times victims have to give evidence and face cross-examination, and some will have the option of giving evidence through a third person.

Source

No crime?

Attempted rape not a crime?
Oh boy - do we still have some way to go!

Story:
India -- The Supreme Court has held that unlike the charge of attempt to murder, the Indian Penal Code does not recognise the charge of attempt to rape. Rape is said to have been committed only if a man inserts his sexual organ into the victim. Any other act only qualifies for the offence of outraging a woman or child’s modesty.

Highlighting this difference, the Supreme Court has said that a man who is caught preparing to rape a woman cannot be charged under section 376 of the IPC, which provides for a minimum punishment of seven years in prison.

He also cannot be charged with attempted rape under section 511 of IPC, which deals with attempts to commit offences, like murder, that carry a minimum penalty of life in prison.

Source

Culture of violence

Marlin Mata has awakened from a coma she suffered after throwing herself from a moving bus to escape two men trying to rape her, but Peru is still deep in the nightmare of spiraling violence against women.

More than half of all Peruvian women over the age of 15 say they have suffered sexual or physical violence by men during their lifetime — one of the world’s highest rates.

Male frustration at high unemployment in Peru despite the country’ unprecedented economic growth since 2002 and a corrupt justice system that rarely makes convictions are exacerbating violence against women in an already macho society.

Source

Took the law into their own hands

Peter Foster, 38, and Andrew Barbour, 40, armed themselves with "Ninja sticks" and confronted teenagers they blamed for terrorising a neighbourhood at Radcliffe, UK.

They were arrested when a 15-year-old boy complained to police that he had been assaulted with the martial arts weapon.

A judge told the two men they could not take the law into their own hands. But he released them with conditional discharges after telling them: "I understand your position very well indeed. You were probably at the end of your tether."

Source

Of course, what else?

Everyone goes for the "self-defense" claim it seems. What a load of cr..!
I guess the lawyers are happy about it...

Story:
A woman who died at her Spencer home was apparently suffocated by a ceramic decorative plate, shaped like an Easter bunny, that had been shoved down her throat, authorities said as they charged her husband with murder.

The criminal complaint said Zurkowski initially told police he was hit by his wife and acted in self-defense.

Source

Who's on trial?

This article from South Africa shows you how many court rooms effectively puts the rape victim on trial. This degrading treatment of victims of sexual violence really is a crime in itself!

Article:
Outside the High Court we have rent-a-mob labelling the complainant a bitch, a liar and a whore who deserves to be stoned and burnt.

And should some women still not have absorbed the message from Zuma's court supporters to shut up and take it, the law was there to underline it in bold.

Much of this degradation was achieved through the humiliating cross-examination of her sexual history.

Source

The irony of fighting back successfully

The attacker, (...), had grabbed the woman by the throat and threatened to kill her if she screamed for help. He shoved her to the ground and began undoing her clothing, but she fought back and escaped after he dragged her behind a trash container to avoid being seen by a passing car.

"The irony is that, because the woman thwarted her attacker, we did not have the kinds of physical forensic evidence needed in a case like this."

Source

More news and research here:
http://www.your-martial-arts-resources.com/research-and-news-about-violence.html