Luck and the Victim

(Originally posted on MySpace in May 2005)


For those that did not hear, things got crazy again. When I finally felt like writing about it, I realized that I needed to start with the speech I gave in April at the rally that the Lt. Governor led at the end of April. I will follow up with the craziness that this speech seem to predict. 

The rally was interesting. The first speaker was a young lady whose mother was killed by the mother's boyfriend last year. The second speaker spoke in Spanish and was a victim of domestic violence. I tailored my remarks to point out the dismal facts about spousal murder and how one of the unique aspects of my story was that I was lucky to be alive

  

I really can not see a great deal positive about my experience as a victim. I am here tonight as the result of my ex wife seeking my death some two years after she filed for a divorce. She went out on the internet to seek my death in the family home with the children present. Fortunately, the second hit man was actually an undercover sheriff’s deputy and the video tape of her paying for my death played across every television station in town for several days.

             

Patricia, my ex wife, would love to up here tonight telling you about her experience as a victim. She would tell stories about how I abused her, how the Courts ignored her, how Women’s Groups betrayed her, how Child Protective Services attacked her, and even how the children finally turned on her. As one of the over twenty-five mental health professionals involved in our case noted, Patricia seemed to enjoy her assumed status as a victim.

 

I, on the other hand do not enjoy my status as a victim. It depresses me. I speak out in order to protect my children.

 

But positive or not, I am a victim, I am one of the many here tonight struggling to deal with the real consequences of the crimes committed against them.

 

Many of the consequences we did not even consider. Victim’s advocacy is new within our society and we continue to confront stereotypes and institutions that are just beginning to address our needs. Many criminals are all too aware of how to deal with the criminal justice system, the DA, the Courts, The Department of Corrections, and the Parole Board, but victims are lost in the maze of law, regulations, and institutions that are just beginning to find a place for the victim in the courtroom and the parole hearing.

 

Fortunately, we have friends. Each institution, the DA, the Courts, and the Department of Corrections have dedicated staff and resources to the support of victims. The Governor’s office also made a dedication of staff and resources.

 

Today, these advocates function more as liaisons between the institution and the victim. Their ability to impact change is evolving. In the future, they need a seat at the decision table helping the DA, the Courts, and the Department of Corrections make decisions that impact victims as opposed to reporting the decisions others make. There are times we need an advocate that can argue with the DA about the charges to be brought. There are times we need an advocate to protect the rights awarded to victims in the Victims Rights Act. There are times we need an advocate to insure that the Judgment issued by the Courts is followed by the Department of Corrections and the Parole Board.

 

Steps in this area have already been discussed and can be implemented quickly. The District Attorney can file a victim’s right affidavit when settling criminal cases attesting to compliance with the Victim’s Right Act and Judges can refuse to issue orders until the affidavit is filed.

 

The District Attorney can require an internal affidavit among her staff asserting compliance with the Act and noting the Victim’s level of involvement.

 

Finally, I call on the Governor to commission a study to look at the differences between what a Judge orders for a sentence and what the Department of Corrections does. If this study supports the recent media stories on these problems, the I call on the Governor to appoint a Victim’s Czar empowered to insure that Judges sentences are carried out.  

 

 

 

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