Showing posts with label Jailed for Choosing to Live. Show all posts
Showing posts with label Jailed for Choosing to Live. Show all posts

Friday, June 20, 2014

Colliding worlds in an Ottawa courtroom highlight Canada's gender-based violence

| June 20, 2014
Photo: 4 Cdn Div/4 Div CA - JTFC/FOIC/flickr
Trigger alert -- references to cruel acts of male violence are contained herein.
An Ottawa courtroom recently witnessed the rare intersection of numerous taproots of violence undergirding Canadian society. In 2010, 22-year-old Ashley White was brutally beaten by her then-boyfriend Patrick Halcro, aged 36, an Afghan war veteran with PTSD (post-traumatic stress disorder) whose assault landed her in hospital for facial reconstruction surgery, concussive syndrome and PTSD. In the chaos she experienced that night, White, her face bloodied beyond recognition and fearing for her life, grabbed a knife and stabbed Halcro in the chest, causing a minor wound to his lung. By night's end, White was in detention, where she would spend the next five days, her injuries untreated, charged with attempted murder and aggravated assault. Halcro, despite admitting his assault against White -- in which he said her head "bounced" off a doorframe after the first of his many closed-fist punches -- mysteriously walked away with no charges being laid.

Though the attempted murder charge was dismissed, White was found guilty of aggravated assault, and the Crown vigorously sought a one-year prison term for a young woman who sought to defend herself against what Judge L. Ratushny described as conduct that "can only be characterized as criminal in nature and also vicious and appalling….violent and reprehensible."

In sentencing her, Ratushny refused to accept the Crown's request for a one-year jail sentence, making note of White's outstanding pre-sentencing report and a number of other mitigating circumstances, "including your response to a situation that made you think you were going to die. I agree that you are not a bad person. You are a young person who found herself in the most horrifying of circumstances and you committed a serious crime. I have concluded that you are a good young person who made a very serious mistake."

A prison of PTSD and physical pain
Though she will spend no time in jail, and Ratushny rightly acknowledged the outrageous act of violence committed against her, White nonetheless continues to be punished for defending herself, facing two years of supervised probation, a six-figure legal debt that will delay her post-secondary education for years as she works full-time to pay it off, a curfew, a DNA order, the stain of a criminal record, and the Halcro-imposed prison of PTSD, post-concussion syndrome, and other injuries which have caused her to suffer nightmares, migraines, severe anxiety attacks, neck pain from damaged nerves, runaway heart palpitations, difficulties seeing, and loss of balance.

As I witnessed the court proceedings, including the "victim impact statement" in which Halcro never apologized for what he did to White, and seemed to blame her (and not his war trauma) for the sad state of his own life, I had to wonder where the cycle of violence in this case began. Needless to say, Ashley White lives in a Canadian society where violence against women is so epidemic (and still vastly underreported) that 500-plus full-to-capacity women's shelters are often forced to turn women away when they seek asylum from the persecution and torture faced in their own homes. And while the plight of returning soldiers who cannot get treatment for PTSD and veteran suicides are a national scandal that the War Dept. continues to sweep under the rug (a report last week revealed that an internal memo on how to clear the backlog of suicide investigations was ignored), where are the headlines about the need to provide PTSD treatment for the hundreds of thousands of internally displaced women and children who annually escape from the war zones in their Canadian homes? Needless to say, where is any sense of responsibility for Canadians' contribution to making Afghanistan a nation that suffers PTSD by the millions? 
 Halcro is a product of that sexist society as well; he also no doubt picked up on the hypermasculinity of life in the Canadian Armed Forces, a body that is riddled with sexism and violence against women. Halcro's own defence of his assault on White is couched in military terms like "proportional force" and, as White testified, he told her during the attack: "'I'm trained to kill and will kill you' or words to that effect…I thought I was going to die."

Meanwhile, the military continues to treat sexual assault with kid gloves. The former commander of Wainwright training base, David Yurczyszyn, was convicted in April of sexual assault in a case that heard of "porn and chicken nights" where soldiers unwound by munching on KFC and watching porn, with Yurczyszyn in one video overheard saying "get her while she's drunk." He was sentenced by a military judge to a mere demotion in rank.

Notably, not everyone in the military is so inclined; indeed, a number of military members were among Ashley White's strongest supporters.

Myths of glory, honour
In confronting the sickening myths of glory and honour that this year's celebrations of the two world wars are meant to inspire, it is helpful to remember that soldiers are, in the words of former warlord Rick Hillier, trained to kill; they are indoctrinated and deadened to the consequences of their actions, and then hung out to dry when their fragile humanity is confronted with and unable to deal with the horrors of war. Indeed, the vulnerability of PTSD and the growing numbers of soldier suicides fly in the face of the military's recruiting tropes of glory, heroism and manliness. Mr. Halcro, who must consume a daily cocktail of prescription drugs and can go nowhere without his PTSD therapy dog, will not be featured in upcoming War Dept. recruitment videos. He has been discarded by an institution that no longer finds him useful.

During the trial and sentencing of Ashley White, there was someone missing in the court. A general, perhaps, or the military historians who glorify war, the high school guidance counsellors who facilitate military co-ops to (illegally) train child soldiers, or the recruiters who never tell what war is really like -- someone who would take responsibility for a product of their training, who could have helped shed some light on whether Halcro developed before the military the profound disrespect for women that would lead him to pummel someone 14 years his junior. Or were Halcro's actions in smashing in Ashley White's face consistent with the militarized petrie dish in which he spent a number of years before being discarded as "medically unfit"?

Two weeks before White was sentenced, L'Actualite magazine published an exhaustive report based on eight months of research revealing that at least five women in the Canadian Forces are assaulted each and every day by their male colleagues (there are also cases of men assaulting other men). The report speaks of women experiencing "suffocating, primal terror" at the hands of fellow soldiers, whether while on training, on deployment overseas, or during dinners in mess halls. Other women speak of dismissive superior officers who, for example, believe the women have not resisted the advances of male colleagues "forcefully enough," and individuals alleged to have committed assaults never being questioned. "Women who filed complaints suffered mockery, were ostracized, and worse," says the report, reprinted in Maclean's.

Retired Colonel Michel Drapeau says, "Military justice is meant to operate like hockey penalties: players are sent to the bench to cool down so they can get back in the game and play. The idea is to rehabilitate guys so they can go back to their unit and fight. Does that really make sense for someone who has raped his fellow combatant?"

Military lawlessness
The report notes that as part of a 15-week training course for Canadian Forces leadership, "sexual misconduct" is covered in a short ten minutes, while there "isn't a single word that could help recruits learn how to detect signs of sexual violence -- nothing about the resources available for rape victims, or about how to file a complaint. In three hours, the words 'sexual assault' are uttered exactly two times."

All this comes 16 years after an earlier, 1998 Maclean's report on "the unofficial culture of rape in the Canadian military." Journalist Jane O'Hara, writing now in 2014, recalls in Maclean's that "this is going to sound crazy, but in most cases, the rape was not remotely the worst part of what happened to them. The real torture, the real evil, came after these women reported the crimes to the military command. That's when the gods of war really started raining down their particular form of vengeance. And that is when these unsuspecting women, most from poor families, all trying just to get ahead in the world, found their lives ruined, their psyches destroyed, their careers gone. There were so many of them." O'Hara concludes by saying that the military, which has had 15 years to address the issue, "will react to this latest story with another comforting set of bromides. I react to it with the same sadness and disgust I felt 16 years ago when I first discovered the darkness and lawlessness at the heart of the Canadian military."

Sure enough, two weeks after she wrote this, Canada's top warlord, General Tom Lawson, appeared before a Parliamentary committee not only with the comforting bromides about improvements in what he laughingly called a "nurturing" workplace, but also repeated some of the language that contributes to the worst rape myths. And while he said he took such stories seriously, it surely has not been reflected in the case of Petawawa Corporal Derrick Gallagher, who police believe drugged, raped and videotaped as many as 16 women. Despite this horrific list of crimes, the War Dept. is preventing police from finding out about more potential victims by refusing to publicly release all the locations to which Gallagher had been posted.

The May 27 committee hearing featured a Lawson performance that would have won him an award for disingenuousness. Despite the horrors reported in Maclean's, the committee hearing began with the odd phrasing, "We're here to discuss sexual assault in the military, and it's our pleasure to welcome the Chief of Defence Staff," followed by an understandable note of condolence over the recent death of a soldier in training. This was not matched by similar words of condolence for the 1,800-plus female soldiers who are sexually assaulted every year in the Canadian Armed Forces, nor for those brave women who stepped forward to publicly discuss their cases in the magazine stories.

Watering down sexual assault
Indeed, the military may be a brotherhood in which soldiers are supposed to have each other's backs, but not when they have been sexually assaulted. This was clearly illustrated by Lawson's pathetic performance in Parliament, where he had trouble uttering the words assault and rape, preferring the more benign-sounding "sexual misconduct." Lawson spent much time trying to shore up the War Dept.'s reputation: he consistently referred to a report stating that sexual harassment had decreased over the past 15 years, but failed to understand that the same report undermined his position. As Lawson himself noted, the same report also stated that women "may be less likely to report harassment for fear of career repercussions or due to a belief that their complaints may not be taken seriously."

Women in the military are wholly justified in knowing that very fact: indeed, anyone listening to Lawson could quickly figure out that he himself would not treat the issue seriously. His careful dissimulation is represented by cautious statements such as his declaration that there "may be a gap between our official policies and procedures, and the reality on the ground," rather than stating it outright, as Colonel Drapeau did when he told Maclean's, "Is the military equipped to investigate, police and prosecute sexual assault? We have the answer. No. They had 16 years to fix it, and they haven't."

Similarly, Lawson humiliates women who have been assaulted by reducing their trauma to a feeling or perception, using phrases like "individuals who felt they had suffered from sexual harassment" and, in response to a question about procedures for "a person who has been sexually assaulted," replying with watered down language to reassure that there are numerous ways "that someone who feels that they've suffered a sexual misconduct" can respond. Sexual assault becomes misconduct, a minor malfeasance like one sees on a soccer pitch. Assault, rape and harassment are reduced to feelings, not facts, part of a classic myth that questions the veracity of women and underscores the roots of male violence. It's also a key part of military culture, in which soldiers are always considered right, and the "enemy," whether an 80-year-old Afghan elder or the first woman to enter a previously all-male unit, is not to be trusted. Lawson later gloats about a toll-free number for "anyone who believes they've suffered sexual misconduct." Rape is not a belief but a crime: would Lawson say that a soldier who has had his wallet swiped "believes" he is the victim of a robbery?

Most members of the Parliamentary committee were united in a rare display of anger at the state of rape in the Canadian military. NDP war critic Jack Harris pointed out that another manner in which the military tends to hide or underplay sexual assault is the new format of judge advocate general ­reports (which have yet to be publicly released for 2012, 2013, and 2014). They lump in sexual assaults, which used to be dealt with separately, under the general heading of "Conduct Prejudicial to Good Order and Discipline."

Supplying regimes oppressive to women
Instead of treating sexual assault in the military as the crisis that it is, Lawson appeared in a hurry to get off to another meeting. It would seem a leader truly interested in these concerns would have told the committee he was at their disposal for as long as necessary. Perhaps he had more important military matters on his mind like meeting up with his counterparts from regimes that are particularly oppressive towards women at the massive CANSEC arms bazaar, which opened that day across town at the Ottawa airport. There, some 11,000 visitors mingled amongst 330 weapons firms that sold their wares to military delegations from some of the most brutal armies on the planet, including Bahrain, Colombia, Saudi Arabia, Israel, the U.S., and the U.K.

The Canadian military is not the only institution in our society built on and sustained by the culture of sexist violence; the hundreds of brave female Mounties who have filed a lawsuit regarding their own experience of similar assault in the RCMP are another example. And then there is society at large: whether in the peace movement or a college frat house or in the executive offices of the Royal Bank of Canada, sexual assault continues to be an epidemic that is largely ignored. Given the sheer numbers, one would think it deserves a special section on CBC broadcasts the way business and sports receive such blanket, daily coverage. Until it does, and until there is a true national strategy to end male violence, women in this country will continue to be targeted in what psycho-historian Robert Jay Lifton names "atrocity-producing" situations, while women like Ashley White will face lifetime sentences of anxiety, fear, depression and PTSD.

Individuals wishing to help pay off Ashley White's massive debt can make a contribution: mail a cheque to Toronto Action for Social Change (put Ashley White in the memo portion of the cheque) and mail it to PO Box 2121, 57 Foster Street, Perth, ON K7H 1R0. There is no overhead: every last cent will go to Ashley.

Thursday, November 21, 2013

Why Do We Jail Women Who Choose to Live?


Why Do We Jail Women Who Choose to Live?
(Trigger alert, this story contains disturbing reports of assault)
By Matthew Behrens (rabble.ca, November, 2013)

            Earlier this year, the World Health Organization released a comprehensive study that found more than a third of all women worldwide – 35.6% – will experience physical or sexual violence in their lifetime. The great majority of this violence is committed by intimate male partners in acts that can only be described as domestic or home-grown terrorism. It’s the latest in an endless stream of similar reports on this form of domestic terror, but Canada and other governments refuse to both recognize the extent of the crisis and respond accordingly.

            When the report was released, WHO Director General Dr. Margaret Chan declared, "These findings send a powerful message that violence against women is a global health problem of epidemic proportions. We also see that the world's health systems can and must do more for women who experience violence." The report found that of the women who experience direct attacks, 42% require some form of hospitalization.

            In confirming what more than half of the population already knows is a daily reality, the WHO report did not exactly produce a firestorm of response and calls for urgent action from government leaders.  Instead, their “war on terrorism” focuses on racial and religious profiling, the jailing of innocents, the closing borders to refugees, extra-judicial assassination by Canadian-made drones, and continuation of indefinite detention and rendition-to-torture programs. There are no massive interventions that address the greatest purveyors of fear and violence in Canada and around the world: the men in women’s lives.

            As of April, 2010, there were an astounding 593 women’s shelters in Canada. Earlier this month, the Ontario Association of Interval and Transition Houses released its annual Femicide report, a grim reminder of women’s lives snuffed out by men in Ontario during 2013 (http://www.oaith.ca/assets/files/OAITH%20Final%202013%20Femicide%20List-%20Nov%202013.pdf). And despite a United Nations call for Canada to develop a comprehensive national review to end violence against aboriginal women, Canada’s envoy to the UN in Geneva rejected the idea. Similarly, in 2010, Canada adopted a National Action Plan for the implementation of United Nations Security Council resolutions on Women, Peace and Security which included supporting the rights of girls and women abroad, but it is unclear if anything has been done because it has failed to deliver on its promise of annual and midterm reports.

            Perhaps that is due in part to the fact that Canada’s rhetoric about supporting women’s rights (a mainstay of its justification for the occupation of Afghanistan) rings hollow. In Afghanistan, Canada’s presence does not appear to have moved things forward for women. Indeed, the United Nations Assistance Mission in Afghanistan reported last December that women who flee rapists and abusive husbands are regularly jailed by the hundreds for alleged “moral crimes.”  Among those jailed are those who have defended themselves against and, in the process, wounded or killed rapists.

            Lest one conclude that Afghanistan is just “behind the times”, it is worth noting that here in North America, women who choose to live by defending themselves are similarly jailed in alarming numbers. In the U.S., the Michigan Women’s Justice and Clemency Project, found: "The average prison sentence for men who kill their intimate partners is 2 to 6 years. Women who kill their partners are sentenced, on average, to 15 years." 

            Marissa Alexander, an African-American mother of three, did not kill her abusive ex-partner when he physically attacked her and threatened her with death only nine days after she gave birth. She fired a warning shot into the ceiling to scare him off, and as a result is serving 20 years of hard time in Florida. During her trial – one in which the judge rejected her “stand your ground” defence, the same rationale used by the state of Florida for failing to arrest the man who murdered Trayvon Martin – Alexander recounted numerous incidents of severe physical abuse including choking, attempted strangulation, and other incidents that required hospitalization. She lost the ability to swallow as a result of her injuries and lost ten pounds. She subsequently obtained a domestic violence injunction against her ex. In 2010, when she was five months pregnant, she was “head-butted” twice, her clothes torn, and she was also thrown to the ground. During all these episodes—and at other times, as well—he threatened to kill her. At trial, numerous witnesses testified about seeing Alexander's injuries, while in-laws of her abusive husband testified about his reputation for violence. One witness confirmed that Marissa Alexander met the criteria for “battered person’s syndrome.” 

            On top of this, her abusive husband admitted in a sworn affidavit, “The way I was with women…they never knew what I was thinking or what I might do. Hit them, push them. …I honestly think [Marissa] just didn’t want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn’t get hurt, you know. …The gun was never actually pointed at me.”      

            While an appeals court recently rejected her contention that she should have been granted immunity from prosecution under Stand Your Ground (under which an individual can use deadly force if “he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm”), it did find, in granting her a new trial, that the jury was given the wrong instructions. The original judge essentially placed the burden of proof on Marissa Alexander when it came to showing that she was about to be attacked and needed to act in self-defence. The appeals court confirmed that Alexander “was charged with aggravated assault but – under any possible review of the evidence – inflicted no injury.”           

            While a new trial was a breakthrough, Alexander’s supporters called on the state to drop the charges and let her go free. Unfortunately, the state of Florida is pursuing the trial option, and a hearing to determine whether Marissa will be freed on bond and returned to her children (she has not seen her youngest child in three years) took place earlier this month, with a decision expected by the end of the year.  Meanwhile, the man who continually assaulted her and threatened to take her life walks free.   

            I have had the privilege of corresponding with Alexander while she has been in jail. She is a compassionate and insightful person who recognized immediately upon going behind bars how many women were also in her shoes: they too were in jail because they chose to live, and the judicial system simply could not understand the terror that constituted their daily lives. 

            Closer to home is the case of Ottawa’s Ashley White, 25, who earlier this year was found guilty of aggravated assault (and acquitted of attempted murder) for stabbing her abusive former boyfriend. She faces a possible maximum of 14 years behind bars for defending herself. According to press reports on her trial, White’s former boyfriend, Patrick Halcro, aged 36, a veteran of the Afghanistan occupation who suffers PTSD, often went into fits of rage and jealousy. He admitted in court to punching her and smashing her head into a door frame. As QMI News reported, he claimed, "I used proportional force. I felt threatened."

            White suffered a shattered nose and cheekbone, requiring facial reconstruction surgery, in addition to post-concussion syndrome and a diagnosis of PTSD. The Ottawa Sun reported, “Medical evidence suggested her head trauma and the shock of seeing her face bathed in blood could have placed her in a state where she wouldn't have known what she was doing when she stabbed Halcro. As for Halcro, the knife blade nicked his lung but a trauma surgeon said the injury was relatively minor.”
            At one point in the trial, White’s lawyer noted that after pummeling her, Mr. Halcro stepped over her bloodied body to retrieve his luggage. “Your luggage was more important to you than checking on Ashley,” the lawyer said. According to QMI News, “He said he didn’t realize the extent to which he’d hurt her until he got his bag and noticed a lot of blood where White had collapsed.” 

            The Ottawa Sun reported that White “remembers being pummeled on the floor as he loomed over her until she could no longer see and felt like she was going to die. He said: ‘I am trained to kill you and I will kill you’ or something like that, White said.”
            Four years after his horrific beating, White remains out on restrictive bail, while her ex was never charged. A community of friends has come together to try and assist her with her massive legal bills, both for the trial and an expected appeal. That group has formed a Facebook page, on which they write: “We strongly believe [Ashley] was wrongly convicted of aggravated assault for stabbing her abusive ex-military boyfriend. After being beaten so badly she would later require reconstructive surgery and in a state of near unconsciousness, Ashley fended off the attack with a kitchen knife. It has never been explained why he was never charged and why the lead detective never testified in court, yet Ashley’s life is changed forever. Ashley’s friends and supporters are planning a fund-raising event to help her cover the $90,000 accumulated costs to date and $50,000+ she is facing in future legal fees.” To join that Facebook page, where you can leave messages of support and donate to her costs, visit https://www.facebook.com/pages/Friends-of-Ashley-White/471297956316613
            In the meantime, Marissa Alexander’s supporters ask that you contact FreeMarissaNow@gmail.com and visit https://www.facebook.com/FreeMarissaNow and http://www.justice4marissa.com/
            As Canada marks the International Day for the Elimination of Violence Against Women on November 25, it is a reminder of how much work remains to be done, not simply on symbolic days, but every day as the war against women grinds mercilessly on.