Jian Ghomeshi: The Witnesses

What do victims and witnesses face when they go to court? What can be detrimental to a victims case? Find out:

The Social Paralegal

The Jian Ghomeshi case seemed straightforward and simple when it began but Ghomeshi’s acquittal left most people shocked. What happened? If you are not familiar with the trial, please read my article “Jian Ghomeshi” first.

What was meant to be the foundation of the case, became the most damaging part of the case – the witness testimonies.

Three witnesses came forward alleging that Jian had assaulted them during intercourse. One victim shared her name while the other two remain anonymous under the publication ban. Each witness was critically analyzed on the stand and questioned about numerous details relating to the incident. This is how each witness held up, not in any particular order.

Witness 1 (Publication ban):

This victim told the police that she had not had contact with Ghomeshi after the attack; however, Jian’s defense lawyer then revealed an email sent by the victim to the accused…

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Victims of Sexual Assault Will Be Eligible for Free Legal Advice

Some legal assistance for victims of sexual assault – if you like this news, press like on the post.

The Social Paralegal

Ontario is looking to a launch a pilot program that allows victims of sexual abuse to obtain free legal advice. Survivors of sexual assault will have access to four hours of free legal advice in aims to help them navigate the legal system.

Legal proceedings are complicated and can be overwhelming for victims who are unfamiliar with the justice system. As explained in my last piece  the victims in the Jian Ghomeshi case explained that they mistakenly believed the Prosecution was their legal counsel. The victims felt embarrassed and attacked on the stand as they were not prepared for the line of questioning used in the trial.  The victims in the Jian Ghomeshi case explained that they expected to be cross-examined by police officers before the trial to help prepare them to be cross-examined in court; however, this is not how the legal system works.

Questioning:

Direct examination or…

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Meena’s Story

I endured 21 years of abuse and wasn’t conscious of the abuse until I was five years in. I didn’t understand how someone I loved so much could be so hurtful. I made multiple attempts to try to connect with my abuser on an emotional level because my heart just wouldn’t accept that this was who he was.

I tried to reason with him. I also tried to work through his emotions with him. I tried remaining calm while he was violent. I empathized and sympathized but never understood. I then created theories as to why he was the way he was. My background in sociology made me question what factors in his childhood may have contributed to who he was. I never had any confirmation of what had occurred and my theories will never be confirmed as facts.

No child wants to believe their father can be cruel. Children want to idolize their fathers, not fear them. Children shouldn’t be protecting their younger siblings and mothers from a man that is supposed to protect them. I was fighting fire with fire and parts of my childhood were burning away faster than I recognized.

Somewhere along the way, I became like him. I couldn’t stand the injustice, the anger or violence. I became angry and lashed out at others around me. I had a constant chip on my shoulder and hostility that could be detected from a mile away – except I wasn’t aware of it. I was bitter, feisty and others feared me but I had no idea why. In hind-sight it makes sense. I carried my anger from home into the rest of the world.

I have been free from violence for some years now and I feel a sense of calmness that took a long time to achieve. I’m not completely healed but I’m working through it and on myself.

I guess my advice for victims of violence is to leave before you become a bully yourself.

Does this story sound familiar to you? Can you relate? Share your thoughts and love below.

Tackling Sexual Assault

Worth a read.

The Social Paralegal

Sexual assault impacts 1 in 3 women in Canada. Women under the age of 35 are 5 times more likely to be victims of sexual violence than their counterparts. Sexual violence  impacts many aspects of a victim’s life and the Liberal government wants to address this concern with their new legislation. The legislation was proposed in late October and aims to assist victims in various circumstances including: their homes, schools, work and the justice system.

Arguably, the biggest change will occur in the legal realm. Courts will be asked to remove any limitation periods for civil proceedings founded on sexual assault or misconduct. Thus limitation periods to bring civil action would be removed. Furthermore, survivors of sexual and domestic violence will also be permitted to make applications to the Criminal Injuries Compensation Board without time constraints.

In respect to work, employers will be liable to improve their sexual harassment prevention programs…

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Criminal Injuries Compensation Board: Are You Entitled to Compensation?

If you’ve been the victim of domestic violence, you might be entitled to compensation. Find out more:

The Social Paralegal

Criminal Injuries Compensation Board

The board’s primary function is to provide financial compensation for those who qualify under the Compensation for Victims of Crimes Act. Individuals who may be compensated under this legislation include victims of violent crimes and family members of deceased victims who died as a result of a violent crime.

What can you be compensated for?

The Criminal Injuries Compensation Board will pay for: the treatment expenses, travel to treatment expenses, loss counselling expenses, loss of financial support for the dependents of a deceased victim and costs associated with supporting a child born as a result of rape.

How does the board evaluate cases? The Criminal Injuries Compensation Board evaluates cases based on evidence prior to commencing a hearing. The Criminal Injuries Compensation Board also allows for written submissions if the victims’ application demonstrates adequate evidence for compensation. If the application displays a straight forward case and…

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Kimmy Wishes You Knew..

I Wish You Knew. (For my friends)

I was engaged to alcoholic and needed support. When I realized I wanted children, I knew I couldn’t raise them in such a chaotic environment. Having said that, I made it through thanks to my friends and I’d like to share a few words and say thanks.  If  you’re friends  with someone who is currently in an abusive relationship, you can help them get through this difficult time by just being there – don’t underestimate your power.

I wish you knew that every single day I wake up in a quiet home, with my pup sleeping peacefully beside me, I think of you. I count my blessings to have you in my life; that you were there for me at the beginning, in the middle, and at the end of the chaos. I often think about how much more difficult it must be to leave an abuser without the physical and emotional support system I have been so lucky to have. I thank my lucky stars that I get to go home to my safe and happy home every night, absent of stress and conflict. It’s because you loved me though 4 years of dark days that I’ve made it out the other side and no amount of “thank yous” can describe the gratitude I have for that.

I know being there for a friend or loved one who is living with abuse is painful, frustrating, and confusing. There is no forcing them to leave. But you can be there for them, through all of it, so they know when they are ready to leave; you’ll be there for that too

* The names of the individuals have been changed to protect their identity.

Tanvi Wishes You Knew…

I wish you knew that when you say “I don’t understand why you won’t leave” or “if you respected yourself, you’d leave” those words are not only hurtful but discouraging. I feel judged, misunderstood and belittled. You’re right; you don’t understand why I won’t leave because it’s not an easy thing to understand. There is usually much more to the story than just abuse.

For some victims it’s a history of domestic violence reaching as far back as their childhood, so they don’t know better while for others it’s something they’ve never experienced before so they believe it can go back to the way it was before the violence. Sometimes I just wish people would realize the power of just listening. I know it’s not easy but sometimes I just need someone to listen, not judge.

*The names of people have been changed to protect their identity. I conducted an in person interview with “Tanvi” to share her feelings of what she has endured and what she wants others to know.
What words of love do you have for Tanvi? Leave your thoughts in the comments.

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Domestic Violence – What about the children?

Many victims avoid leaving their abusers because they fear what their children’s future might look like. This post provides some insight into what results make come from that decision.

The Social Paralegal

4. What happens when a child is involved?

Answer: If there are children under the age of sixteen police officers must notify the Children’s Aid Society. If the child is present in the residence he/she may be questioned based on the severity of the incident. If the child is directly involved in the incident, then the child will be questioned. Police officers are to notify the Children’s Aid Society, provide the C.A.S with an outline of what happened and then they will assess if the child’s safety is in jeopardy based on the severity of the incident. The Children’s Aid Society will also speak to the parents regarding the incident.

5. Are children always removed from their homes?

Answer: Children are not removed from the home unless there is abuse by the parent (sexual, physical and verbal) or police believe that the well-being/safety of the child is of concern. Section…

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