Showing posts with label crime. Show all posts
Showing posts with label crime. Show all posts

Wednesday, October 24, 2018

A Survivor's Take on Marsy's Law

Politics are a messy business.  This country was founded on the rights of all citizens to be heard, and to be considered equal.  It was also founded on the premise that anyone accused of a crime is innocent until proven guilty.  That's easier said than done.  There is always doubt.  There are always multiple sides to every story, and in that same vein, each side honestly believes that they are correct in their recollection of the incident.  But what about when there is undeniable proof of a crime?  What happens when the accusations are over, and the hearings, or the trial, are over?  What happens when the restraining orders expire and there are no longer legalities rolling through their governmental red tape processes?  Are the victims of said crime magically healed?  Is the accused suddenly reformed?  Do the rights of one side take precedence over the other?

A few years ago, I unwillingly became a survivor of domestic violence. This is not something that I have shared previously with all of you.  Partially because I am not a person to air personal issues publicly, partially because I was scared of him and did not want the backlash, and partially because no one wants to admit that some proverbial ogre got the better of them.  No. More.  I did not get insanely beaten up, but I was threatened, badgered, verbally battered, bruised, and verbally abused.  My home was trashed and physically shattered, my children and pets were endangered, and I ended up being diagnosed with post traumatic stress disorder from the ordeal.  I lost my confidence, my courage, and my trust in humanity.  Throughout the initial court process a group called Safe Alliance was my lifeline.  They walked me through every point of the process, got me a qualified lawyer to represent and fight for me when I could not, and gave me hugs when I was too terrified of the world to walk out into it.  But they could only go so far.  When my abuser was released from psychiatric commitment, I was not notified by the hospital nor the authorities, I was told by a close friend of his that was concerned for my safety.  After my abuser continually violated the restraining orders I had against him, and months later was jailed for similar crimes against others, I was not notified of his release, nor of the fact that he had reentered the area.  I was notified that he was working in an area nearby by another concerned friend of his, never by law enforcement or the district attorney, as the current law states should occur.  This man ultimately put my children at risk with his violent behavior and threats, and created a hell on earth life for me where I was so terrified of him that I blamed myself for the violence, cowered in fear in my own home, and felt it necessary to push large furniture against the doors nightly for months, until I moved residences without a forwarding address.  Even though there are still, to this day, warrants out for his arrest because of his multiple restraining order violations, the restraining order extension has expired. I worry every time I walk outside and am in constant stress about my children being away from home.  It's no way to live, truly actually Live life.

Marsy's Law is a constitutional amendment on the ballot this election.  Essentially it strengthens protection for victims of crime.  From requiring notification of hearings, escape, parole, and release, to allowing victims to appear at hearings and speak at such, it's a step in the right direction for victims' rights ... IF it's enforced.  Currently, the law in North Carolina states that notification is required "as soon as is practicable, but within 72 hours after identifying a victim covered by this Article, with ...".  It goes on to list available medical services, crime victims' compensation, address and phone number of the district attorney, and access to applicable law enforcement that should be given to the victim involved.  Seeing as my abuser managed to begin violating the initial emergency restraining order within 24 to 36 hours, and even though I called 911 and had all my paperwork, he ran away before they could arrest him, and the police didn't feel it was worth the effort to chase him down, the 72 hour thing appears to be a useless venture.  Furthermore, while the domestic violence team of my local law enforcement agency did do a great job of contacting me on a weekly basis for the first 6 to 8 months after the hearing, no one ever alerted me to his movements or release from any psychiatric or correctional facility.  In dealing with the healing process involved for not just myself, but also my family, those "heads up" moments would have been extraordinarily helpful.  Instead we, as a family, suffered emotional setbacks and continued worry and constant fear due in part to a lack of communication by the authorities and judicial system.  I would hope that my experience would not be the case for victims of felonious violent crime, as domestic violence is only considered a 'misdemeanor',  But, isn't any violent crime against another human being worth preventing and protecting, regardless of what 'label' the law puts upon it?

I know that there are those out there that will argue that once people serve their time, they should not have to endure a life sentence of judicial recrimination.  The ACLU is actually one of the groups lobbying against this Amendment. While I agree with many tenants of what the ACLU stands for, as a survivor of domestic violence who felt failed by the supposed protections of the law during my ordeal, I have a real problem with how our current laws actually follow through on violent crime cases.  I made the mistake of trusting my attacker for years before he brutally betrayed that trust, and still have trouble not startling when I hear noises while walking, or instinctively flinching when I'm not expecting the passing touch of someone nearby.  I cannot imagine what those who endure random violent crime experiences must be facing on a societal trust basis daily!  This Amendment can do wonderful things for those of us that have triumphed over the violent behavior of others, but Only if it is Actually and Consistently Enforced.

I implore law enforcement to take victims' rights seriously, and to actively attempt to enforce what the law already says.  In the hope that Marsy's Law is passed, I beg both law enforcement and the district attorney's offices to adhere to All Notification Stipulations Without Fail.  I know what acquiring post traumatic stress disorder in, what should be the safety of, your own home is like ... I can't imagine the hell that survivors of violent crime in random situations go through daily.

If nothing else spurs you on, then allow this blog to do so.  Get Out There And Vote.  Make your voice heard, and, vote your conscience for this Amendment.  Allow your voice to do for others what violent offenders strip their ability to do for themselves.

~ The Girl In The Little Black Dress

For more information on Marsy's Law:
https://marsyslaw.us

For more information on Safe Alliance:
https://safealliance.org

The National Domestic Violence Hotline
https://www.thehotline.org

Thursday, January 23, 2014

To The Man Who Stole My Wallet Yesterday

Dear Sir:

Please understand that the only reason I use the gentlemanly term of "sir", is because of your advanced age bracket, because what you did was not at at gentlemanly!  Yes, I do know what you look like. I remember you. You got onto the bus yesterday at the same place I did. I remember you sat down a couple rows behind me, and your beard and countenance reminded me of some sweet, grandfatherly figure ... or at least I thought so at the time. I wonder if you watched as I reached into the pocket of my bag to pull out my gloves just before my stop. I wonder if you saw my wallet fall out of that pocket as I did so, or if you simply noticed it as I stood up to disembark. I was the only person in that seat section, so it would have been obvious to whom the wallet belonged.

Did you know that I was on the way to meet my son? Five minutes after disembarking, as I walked into his music class to pay his tuition, I noticed that it was missing. Did you realize that the android phone you so unceremoniously chucked into that trashcan has GPS tracking? We were able to find it that way. Thank you, by the way, for simply throwing it in the trash. That's one less thing I have to replace.

You are actually quite photogenic. The video surveillance cameras in the store where you threw my phone away and then proceeded to rent Redbox movies using my bankcard were pointed right at you. The police have those, and some very good close up shots of you as you made your movie purchases. They were able to watch your every move. I hope those were fantastic movies. They just might cost you a lot more than you originally anticipated.

Your choice of action has caused me to contemplate many things as I go through the motions of reporting, canceling, and replacing all the parts of my life that were in that wallet. Yes, you did, in fact, have a choice. You could have alerted me to the wallet dropping or you could have turned it in to the bus driver. I have no idea of what your circumstances are. I'm sure that there is a reason you made the choice that you did. Maybe you've been out of work for some time, or maybe you were depressed, needed a relaxing movie evening, and felt that was the only way you could afford one. Whatever your reason, I am sure you thought it to be a valid one at the time. Unfortunate and misguided, but valid in your mind nonetheless ... it sucks for you that the only cash I had in there was about 35 cents.

I'd like to let you know a little about the woman you stole from. I am a single mother that is back in college after being laid off from my job over a year ago. I'm definitely a people person, and probably would have rented you those movies myself had you only asked politely. I tend to be impulsive and impatient at times, so this experience has been a great lesson in patience development for me, which is a good thing. It has also helped me with prioritizing skills over the past 24 hours. You see, in the middle of all the obvious things that were happening like freaking out over the loss of my wallet and phone, filing the report, canceling the id's and cards, and spending time with my son, I also had a number of things due for classes today and tomorrow. It really helps to know that I have the ability to navigate a whirlwind of stress, such as the one you created, and still am able to meet my school deadlines and focus on and assist my children. I appreciate the gift of that knowledge. Finally, it has caused me to truly evaluate and appreciate the things in my life that are not just "things". My mother, my boyfriend, and my son, who braved the freezing temperatures in that parking lot for over two hours while we worked with the police and assisted in any way possible with the legwork and computer tracking. The off duty officer who initially assisted me, then continued to work with us and the on duty officer who arrived shortly after to officially handle the case. Both of them were wonderful, intelligent,  efficient, and comforting, and we all even shared a few laughs in spite of the cold and frustration. The immediate helpfulness of the store management once they were informed of the situation. The fact that I am fortunate enough to have a thick, warm jacket to wear, a supportive, loving family to back me up, a warm, comfortable home to return to and eat hot soup after being in a frozen parking lot for all that time ... It is definitely the little things that are many times taken for granted that make life wonderful, and I am thankful your actions were able to remind me of that.

Anyway, I just wanted to let you know that I appreciate the unintentional lessons and wish good luck to you. I firmly believe that there is good somewhere in everyone and that even the most horrible experiences have silver linings somewhere.  I hope you read this and that you'll make better choices for your own life in the future.

Sincerely,
The Girl In The Little Black Dress