Tag Archives: sex crimes

The murder of innocence

This is not a nice article, if you want nice, then this is not the place. Today, you will read an article of a form of legalised injustice so extreme that it will turn your stomach. It is laced with sadness. The primary ingredients here are truth, violence and a dash of incompetence hiding behind the law.

Welcome to Canada!

This is a strange place to start; under normal conditions we have the highest regards for Canada. At times it seems like America, but with real family values, no crime and plenty of true maple leaf grade Mother Nature. So this story does not seem to fit, but it does. Every nation has its own black pages, I know, I have seen a few. This Canadian black page is however one that was initially created with the best of intentions has now rapidly span out of control, so where to begin?

First, let me the main source that influenced my view. The first one is the Guardian (at http://www.theguardian.com/commentisfree/2014/oct/03/-sp-rape-bullying-rehteaeh-parsons-audrie-pott-families), yet, I have to add two more sources, who had some of the goods that gave me the view I had the second one is Buzzfeed (at http://www.buzzfeed.com/katiejmbaker/canadian-media-wont-say-this-alleged-rape-victims-name-even#ogrzx5), as well as an older article by the Guardian (at http://www.theguardian.com/society/2013/aug/09/rehtaeh-parsons-suicide-charged-photos).

We are now starting to get a decent amount of visibility, but what happened?

In November 2011, a young lady, 15 years old, her name is Rehtaeh Parsons; she was raped by 4 boys. The account from one of the sources states that she went with a friend to another friend’s home. 4 boys had their way with her. You would hope that it ends here, but no, this is only the beginning. One of the boys was apparently proud of it all, and as such decided it would be fun to distribute photos of the events to people in Rehtaeh’s school and community, after which it went viral.

So in this paragraph, we can see several crimes already.

  1. There was an accomplice (an accomplice is one who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of a crime).

Whether this person was one of the four is very likely, but not a given at this point (meaning that there were at least 5 criminals). In one source (at http://www.buzzfeed.com/katiejmbaker/canadian-media-wont-say-this-alleged-rape-victims-name-even#2s4b60i), there is mention of another girl. The quote states “She and another girl were drinking with four teenage boys that night“, so is she a possible accomplice, if so why was that not looked at (if these details were correct)?

  1. There are photographs of non-consensual sex, which means that in chronological sequence, we have a. sexual assault, b. rape, c. distribution of (child) pornography.

It seems extremely ‘convenient’ that under Canadian law the Judge, as lawful given to requires judges to prohibit the publication of information that could identify victims of child pornography under any and all circumstances. I can understand that part to some extent, yet in light of the events, the picture does not fit, especially as the pictures represent the smallest of the three criminal transgressions.

These events have only started, because as it turns out, those acts of bestiality might be regarded as the introduction to the true hell she would be forced to face.

We now get the following quotes: “Rehtaeh did not consent to the photo or know it was taken, but that didn’t stop her assailants from sending it around school. Soon, boys Rehtaeh had never met were calling her a slut and asking her to sleep with them, too.” and “Rehtaeh and her parents reported the alleged assault and the photo a week later, Leah said. After a year-long investigation, the police decided there was insufficient evidence to press charges. According to the family, the police added that it was a “he said, she said” case as well as a “community issue,” not a “police issue.” The photograph didn’t count as pornography, even though she was a minor, they said they were told.

When we look at the Canadian Red Cross (art http://www.redcross.ca/what-we-do/violence-bullying-and-abuse-prevention/educators/bullying-and-harassment-prevention/facts-on-bullying-and-harassment) we get a few more numbers, which are important to this case too.

  • A 2010 research project studying 33 Toronto junior high and high schools reported that 49.5 per cent of students surveyed had been bullied online.
  • Between 4–12 per cent of boys and girls in grades 6 through 10, report having been bullied once a week or more.

Finally there is the following:

School social workers provide services to students who are experiencing difficulties within their environment, which impacts on their school functioning.

We now get a few more issues.

  1. The extent to which the school failed a student, a victim to a heinous crime.
  2. The police that failed on at least three levels
    a. Failed to bring criminal charges against at least 4 persons, likely, the girl mentioned earlier might have had to be charged as well.
    b. Failed to cyber prosecute the phones and phone details of all the students who had received the photos at her school and in her community. A clear cyber trail could have been received.
    c. Failed to investigate the school board for not notifying the authorities on more than one occasion.

From these events we see that this situation is far from over. There is absolutely no evidence that these boys faced any level of persecution (or prosecution for that matter), which gives ample view that Canadian Law failed on a second level. It failed because the parts of Canadian support that should have shielded Rehtaeh Parsons from the levels of post rape ordeals became mere facilitators for the events to be ignored, consequently silenced though law and postulated to be forgotten.

But it is not that simple, as stated, the judge’s order that bans ‘the nation’s media and even its citizens from printing her name‘ are now confronted to a league of people who are connected through internet and social media. As Canada seemed to legally forget the name of a victim, people all over the Commonwealth and beyond will echo her name through the web, for all eternity she will be remembered.

But all this would not become the story with a better ending; the sadness would remain, because on Sunday night April 7th 2013, the 17-year-old’s family took her off life-support, three days after she hanged herself in the bathroom.

The sadness, not of the parents, not of the few friends she might have, not of her sisters or her pets, but of the girl a mere 17 summers, who faced the cold of winter for more than a year until her moment of death, leaving this earth without knowing peace. I ask all Canadian fathers, to consider your child having to face such a dark end and then consider the injustice that has been enabled by several parties and there is at present little to no faith that this will improve.

To them I ask to consider, to change laws and to change the environment that propels such injustice. Canada was globally seen as a good place, make it a safer place for all victims and give them the support and protection they deserve, which would restore Canada to the good place it once seemed to be.

 

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Just and Unjust alike?

We have all heard the utter unacceptable act against a young woman in India. She did not survive the events!

Now for most people from the most just person to the most unjust dealer of narcotics, we all seem to have two things in common. We all hate sex offenders and we hate offenders against children even more. These two events give way to feelings, that we as a people have hope. No matter how we feel about weapons, about drugs and about adult entertainment. We have a genetic drive to protect children and most of us see a woman as respected, admired and desired (not regarded as to be raped and beaten).

There are two issues with this highway of events as they happened the last few months (involving several rape cases).

First of all, most people all reacted in anger when we were told on the news (in my case BBC News) that a woman was raped on Nov 13th and that nothing was registered by the police until November 27th. The New York Times (Jan 3rd 02:00) mentioned in their article that in a similar case the police had done nothing for over 5 weeks. However when reading the Huffington post, they reported that the police allowed time for the families via elders to broker a deal. The even more unsettling part is that the elders tried to marry her to one of the attackers or the pressure on the family to accept a monetary settlement. Now for me the question becomes, how usual is this? I do not proclaim to have inside knowledge into Indian/Hindu affairs. So when reading this, I wonder whether the news was correctly portrayed, and if it was a correct/legal way to set things straight in India. (and no matter how legal, I still find it utterly disgusting that a woman would be treated in this way)

Now, let me be clear. Rape is NEVER EVER an accepted thing, and change as pushed for at present is a good thing in my mind.

I always believed in equal rights, and taking into consideration that out of 1 billion, 500 million people are unjustly treated is a big wrong, however, in my mind, it also means that criminals should be properly represented, or my idea of justice is just a farce at best. So, when I saw the news made mention of an event, that the Indian order of advocates made a move to not represent these criminals, I stood up in disbelief. Now, I will admit that I am not overly against capital punishment (especially against that group), but no matter what. They do deserve representation. They deserve decent defence, if only to make sure that we as a people do not turn into a quick lynch mob. There are rules of processing, rules of evidence, and as such, any party deserves correct representation, so that the law can be kept high, and it keeps the courtroom as a proper place for processing the criminals and the innocent alike.

Now, secondly, the need for a better system, so that the rights of women are correctly addressed is always a must, and it seems that the Indian way of life should be making a change for the better for everyone, not just men. My current concern is that these acts of violence against women are too common, and as such, India as a Commonwealth nation, should have been addressing these issues a long time ago. Why was it not?

Now to get back to the issue at hand, the honourable Sanjay Kumar from the Saket District bar council was quoted stating “We have decided that no lawyer will stand up to defend the rape accused as it would be immoral to defend the case”. Is this not the whole issue? How can justice be an actual issue, when only one side is represented?

In addition, there is an interesting part that became visible to me today. Out of the 228650 cases of violence in 2012, 89% of these cases were against women. THIS IS SHOCKING!

The fact that this is coming out now, to the extent it does. When we read about rights left, right and centre, this remained so undisclosed? Why is there not a lot MORE visibility of this injustice? I do not remember an overly visible amount of reports on this until last week. So, who were reporters representing? Big business perhaps?

However, I do still belief that both parties should be represented. ABC reported that “A panel to recommend changes to the criminal law dealing with sexual crimes was set up last week.” This is only the first week of January and over 650 cases of rape are already reported. I find it more shocking that it took a heinous act of such size for the Indian government, as well as the international press to take notice of this level of injustice.

It is my belief that the Indian government should face visible public scrutiny and that the current Prime minister Mr. Manmohan Singh, should answer the following issues:

1. Why are women’s rights so trampled on in India, a Commonwealth nation no less!

2. Why is due process not correctly attended to? No matter how immoral, if we belief in commonwealth justice (common law), then both parties should be represented. If only to make sure that correct due process is adhered to, and that the law is properly applied. I understand the disgust of the honourable Mr. Kumar, but they do not set policy, and a refusal to represent a party is a change of jurisprudential policy, and it is interesting that current information implies that the government did not respond to the statement by Mr. Kumar. Why not?

3. We seem to go the great lengths to avoid Pakistan, Russia, Saudi Arabia and several other nations as business partners as human rights are trampled on. How is this any different? And if we accept that, why is India not on the list? Because many industrialised nations use them for cheap labour? Their moral values seem highly sanctimonious to me.

My biggest fear is that in the end too many men will walk away, as they will at some point shout the defence that no proper defence was allowed for them, which must be prevented at any cost, as it allows for even more injustice.

As for all these so called upset captains of industry. Perhaps you all should consider another solution. In stead of outsourcing TO India, i say that we start pulling out of India. In this day and age of recessions, that should have a very visible consequence in India, and that might be a clear signal for change. When this level of violence against women (89%) is tolerated by western worlds by doing business with these people we clearly have more problems then we admit to. I will not pretend to have all the answers, or even have some of the answers. However, it is clear that a lot more needs to be done, it should be done correctly and it should happen very very soon.

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