POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

More documents

Recommendations

Info

) Mistrust of the Justice SystemNative Justice ResponseThe Native Justice respondents reported that aboriginal women expressed "mistrust ofthe non-Native justice system." Reluctance on the women's part was shared by theRoyal Canadian Mounted Police even when hospitalization was required. Aboriginalwomen in these situations may be intimidated by the criminal justice system, or just beafraid. As well, aboriginal women may have a greater distrust of the justice systembecause of its negative impact on aboriginal peoples over the years.Police ResponseThe police respondents reported that within the aboriginal community this distrust of thenon-Native justice system may be a factor in the silencing of aboriginal victims.c) Concern for Children's WelfareNative Justice ResponseAn unidentified respondent stated that aboriginal women may be too scared to proceedwith laying criminal charges. They worry about what will happen to their children. Who isgoing to support the family? They worry whether they may be threatened by theirspouse. Some aboriginal women do not trust the police.d) Dependence on Spouse's Financial SupportPolice ResponseAboriginal women are reluctant to call police because they have no income or the familymember wants help. She will call if beatings persist. Most women who are abused suffernumerous violent incidents over a prolonged period of time before involving the police.Victims need to know that they may lay an information privately before a justice of thepeace. One individual stated that the reluctance of aboriginal women to lay chargeswhen their spouses beat them could also stem from the victim' s emotional dependenceon the spouse. There may also be particular cultural factors which make aboriginalwomen reluctant to follow through on charges, or practical factors. For example, thevictim may rely totally on the abuser for financial support, income, or livingarrangements in the community.e) Problem with Low Self-EsteemNative Justice ResponseThe reluctance of aboriginal women to report their abusive husbands ran the gamut ofuncertainty, shame inability to handle their own problems, no where to go or lonelinessor aloneness. Abused aboriginal women in these situations suffer low self-esteem. Theymay also fear the future if the crime is reported to the police.Pg. 20
Other factors included "[feeling] intimidated and afraid to lay charges believing they arestill in love or that it will not happen again." Sometimes, aboriginal women just feel sorryfor the accused even after a beating. This empathy for the accused also may result inrequesting that the charges be dropped because it takes a certain amount of stamina tosee the charging process to the end. Victims rarely have the strength to follow throughwith the reporting procedure. There are many abused aboriginal women who think theydeserve the violence.f) The Belief System of Aboriginal PeoplesNative Justice ResponseCommunity beliefs and expectations are also a factor in keeping aboriginal women inabusive situations. The woman is expected to resolve her marriage problems within thefamily and not go to outsiders. Abused women feel ashamed that they cannot solvetheir own problems. The aboriginal woman has no where to go. In the vast majority ofcases, there are no women's shelters in aboriginal communities. Research on violenceagainst aboriginal women shows that they may be victims of thirty to forty abusivesituations before making a report to the police. Some women believe they deserveabusive treatment. One woman said it is customary for a husband to beat his wife if shedoes not obey him. In most aboriginal communities, there is no "safe house" for victimsfor abuse. Aboriginal women may not follow through once charges have been laidbecause the work things out within the community on their own. They may takeadvantage of a victim and offender reconciliation process in the community, although itsexistence and use if rare.Police ResponseOne police respondent purported that: Aboriginal people usually work things outamongst themselves. For example, by utilizing the victim and offender reconciliationconcept. This concept is supported by one respondent:"Often, [abused aboriginal women] are reluctant. Their society pressures them tokeep the family together at all costs. Or they do not see any chance of anychanges. She may fear repercussions or loss of her children. Where there is areconciliation the legal machinery grinds to a halt when the victim fails to appearin court, or attempts to have the charges withdrawn or dropped. Sometimes, theaboriginal woman is blamed for the violence. A respondent from Quebec statedthat he abused aboriginal woman may try to resolve the matter herself beforeinvolving the police. She will call if beatings persist."Pg. 21
Page 1 and 2: Native Women’s Association of Can
Page 3 and 4: 9. Chapter 4 - What Alternatives ar
Page 5 and 6: 2. IntroductionThe results of this
Page 7 and 8: Recommendation 7The charging polici
Page 9 and 10: Recommendation 20It is recommended
Page 11 and 12: 6. Chapter 1 - Mandatory Charging P
Page 13 and 14: British Columbia, one respondent no
Page 15 and 16: Discrepancies concerning the applic
Page 18 and 19: c) Problems with Third Party Interv
Page 22 and 23: g) Problem with the Failure to Foll
Page 24 and 25: j) The Community Must Take Responsi
Page 26 and 27: 9. Chapter 4 - What Alternatives Ar
Page 28 and 29: The Northwest Territories' responde
Page 30 and 31: Men with violent tendencies must de
Page 32 and 33: Geographical barriers prevent abori
Page 34 and 35: noted that it was only in the last
Page 36 and 37: 11. Chapter 6 - Discerning the Role
Page 38 and 39: causes." Tribal police are credited
Page 40 and 41: c) Need to Provide and Support Alte
Page 42 and 43: f) Need for Self-Policing for First

POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

Create successful ePaper yourself

Delete template?

Save as template?