The Ontario Rural Woman Abuse Study (ORWAS), final report
4. FINDINGS: WOMAN ABUSE IN RURAL ONTARIO (continued)
4. FINDINGS: WOMAN ABUSE IN RURAL ONTARIO (continued)
4.6 Criminal Justice System (continued)
4.6.2 Court System
Many of the survivors reported a lack of confidence in the court system. Many said the process was not adequately explained to them and they did not know what to expect.
“I’m really angry with our whole system, our court system, for putting me, for re-victimising me. I don’t know how else to put it. All my middle class values and ethics were totally destroyed when I went through the court system, as a victim being re-victimised.” (Oxford County survivor)
Access to Legal Services
The majority of the women interviewed who used the criminal justice system found access to legal services through the advice and direction of the shelters. Most of the survivors said they had little or no idea about how to access affordable legal advice.
“I don’t know the process and there’s really not anywhere you can go and say ‘What can I do?’ without having to pay for a lawyer to tell you what to do.” (Espanola survivor)
“I don’t know if there are legal services out there to help you ” (Vermilion Bay survivor)
Finding a Lawyer
Some women were referred to a lawyer by a shelter, others found a name in the Yellow Pages, and some used the Dial-a-Lawyer service. Again, women’s lack of information about the legal system put them at a disadvantage.
“If I hadn’t gone to [shelter], I wouldn’t have been able to get a lawyer because Legal Aid doesn’t cover Family Law any more. You have to get involvement - the shelter can give you a paper for two hours with a lawyer.” (Stormont, Dundas & Glengarry survivor)
“I’m not exactly sure that the legal services are all that supportive of women that don’t have money.” (Cochrane survivor)
Legal Aid
Very few women reported positive experiences with the Legal Aid system in Ontario. Most were unaware that there is a questionnaire which allows service providers to categorise family law cases involving abuse. Where there is verification of abuse, cases can be given priority status. Many women spoke of being ineligible for Legal Aid because of joint ownership of family property. Other women told of being involved in a custody action when the regulations for Legal Aid changed and their lawyer consequently dropping the case.
“I had to apply for Legal Aid and Legal Aid was just a joke … Since you own the house, you have to repay anything you get.” (Oxford County survivor)
“The free legal service … you can talk to them, they’ll listen to you, but that’s as far as it goes. Like how the heck are you supposed to know how to proceed legally?” (Cochrane survivor)
What It Costs to have a Lawyer
Many of the women said that they were unable to afford to hire a lawyer. One survivor said that she was caught in the position where she made “too much money to qualify for Legal Aid but too little to pay for a good lawyer
.” (Oxford county survivor)
“He wanted cash. And I had no cash.” (Espanola survivor)
“Yes, but totally out of reach financially.” (Grey-Bruce survivor)
Treatment by Lawyers
Survivors of violence found the legal process confusing and frustrating. Some could not understand why their lawyers took so long to deal with custody and support issues. Some told horror stories of bad legal advice which placed them in greater danger.
“So here I was … negotiating a separation agreement for six months while we were under the same roof. It was really awful.” (Cochrane survivor)
“The first lawyer I had didn’t do any work for me. He just danced around the issues. It was humiliating. I felt bad enough anyway because I was already on social assistance. But the second lawyer told me,
‘I work for you’
. Just that difference made it easier for me.” (Grey-Bruce survivor)
Several women told of how their husband’s lawyer urged them to appear to be supportive of their husbands when testifying and appearing in court. One women was told to “butter up her testimony”
(Oxford County survivor), while another said she was told to sit beside her husband in court and he kept his hand on her shoulder throughout the hearing.
Crown Attorney
Many of the women did not have contact with the crown attorney other than during the hearing, nor did they know that the role of the crown includes interviewing the woman before the hearing. Those who had contact with the crown generally found it to be helpful. It was especially appreciated when the women were included in the decision making. Service providers also expressed their satisfaction when the crown consulted with them.
“ … It’s really about working together, I really think that’s the key.” (Cochrane service provider)
“And he asked me if I was ever planning on going back, would there be a chance of me ever getting together with my ex-husband, and that would have made a difference with how he dealt with it. And I said to myself afterwards,
‘Why in the hell could that make a difference’
?” (Vermilion Bay survivor)
Treatment of Women Complainants
The majority of the women were dissatisfied with the treatment they received in court. Many felt humiliated and disbelieved. One woman recounted that the judge took away the restraining order because he said he didn’t think “such a nice young man and his mother could be so horrible.”
(Oxford County survivor) Service providers spoke of women’s reluctance to involve the criminal justice system because often “they have been burned already through the courts and so they don’t want to go through that again.”
(Espanola focus group)
“Everything seems to be on the abuser’s side. He’s innocent until proven guilty - I was guilty. I had to prove everything. He had to prove nothing.” (Stormont, Dundas & Glengarry survivor)
Court Process and Dispositions
Women described the court process as being very stressful because it was so lengthy. Both focus group members and survivors of abuse commented that it is a procedure that can make a woman feel “as though she is really going through hell.”
(Stormont, Dundas & Glengarry Community Report)
“The way the legal system looks at it, he didn’t try to kill me. But he hurt me, he controlled me and he restrained me and all these things, and supposedly in the legal system these are assaults. But they don’t look at those assaults as serious.” (Vermilion Bay survivor)
“But that’s how I was made to feel. I was victimised again on the stand.” (Espanola survivor)
It was particularly frustrating for women who had the experience where criminal charges against the abuser could not be used in custody cases being heard in Family Court.
“What is the connection between family court and criminal court? Because what I am starting to understand is the complete separation of those two courts. So that we can actually have a man charged with assault or uttering a threat of death against a woman and perhaps against his child, while he is getting access, unsupervised access, and contesting custody in family court. And nobody puts that together.” (Grey-Bruce key informant)
Mandatory Charging
There was general agreement that it is better to have mandatory charging as it takes the pressure off the victim, although some women expressed that they did not know that police were now instructed not to ask the woman if she wanted to press charges.
“ … Now the woman doesn’t have that responsibility. Which is good, because I would never do it. I wouldn’t lay charges.” (Cochrane survivor)
Sentences / Outcomes
Outcomes were found to be even more unsatisfactory than the court process. Many of the women expressed the belief that sentences are not severe enough to reflect the pain and suffering caused by the abusers. Although there were some very serious assaults, the majority of the cases were resolved by probation, suspended sentences or peace bonds. One man convicted of assaulting his wife was fined $500. (Oxford County Community Report)
“Eighteen months probation [for shooting at me]. I was mad, very, very, very mad, because it was like I went through all this for nothing.” (Espanola survivor)
“Her abusive partner was told to stay away from her and received 30 days in jail for throwing her down a flight of stairs.” (Cochrane Community Report)
Support Services, Victims’ services
Most women reported that there were no formal support services or victims’ services available in their area at the time they were involved with the criminal justice system. Those women who did have support at the time received it from the local shelter. Shelter workers were an important source of strength throughout the process for many women.
“What victim services? I was offered a cup of coffee and that was it.” (Oxford County survivor)
One woman talked of her experience with the criminal compensation process.
“I haven’t got a lot of faith in this whole process. They have my address, they’re going to ask me questions at a hearing - that’s why I wanted documents only. If he’s present, the minimum he’s going to find out is that I have moved. And if I’m really unlucky, he’ll be given an indication of where.” (Stormont, Dundas & Glengarry survivor)
Need for Information/ Knowledge about Process and System
One of the most commonly heard statements when discussing the women’s experiences with the criminal justice system was that they didn’t know their rights. Shelters seemed to be the main source of information regarding the criminal justice process and the issue of rights. One woman had used the 800 number which has pre-recorded legal messages about different legal issues. She used the line to gain knowledge about her options.
“When I finally did get the lawyer, it was helpful to me, because I knew what I wanted and I think, because I had information, and I think that was so important … If I am informed, then I will be able to proceed in the direction I want.” (Cochrane survivor)
“Nobody told me about that. I think if I had known those were my rights, I probably would have, but … ” (Espanola survivor)
Women’s Confidence
Women were not confident that the courts can protect women from abusive partners.
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