Sunday, February 25, 2007

Balcony Rapist to be Released!

Balcony Rapist to be released TheStar.com - News - Balcony Rapist to be released Why men rape and why women's resources are cut need attention, argues '80s victim
February 23, 2007 Betsy PowellCrime Reporter
Jane Doe has mixed feelings about the release from prison of the man who raped her more than 20 years ago, saying that focusing on one "isolated" case gives everyone "permission to forget about the larger problem."
"A woman is raped every 17 minutes in this country and the crimes are committed by men that we know and are tied to ... husbands, men we work with ... and we pay absolutely no attention to that," said the woman, dubbed Jane Doe, who was sexually assaulted in 1986 by a man known as the "balcony rapist."
Paul Douglas Callow, now 52, is scheduled to be released from a prison in British Columbia today after serving 20 years in jail for brutal sexual assaults on several women, including Jane Doe.
He was called the "balcony rapist" because of the way he entered residences in Toronto's Wellesley and Sherbourne Sts. area during the mid-1980s. He raped five women at knifepoint and had been convicted of sexually attacking two other women in the 1970s.
While RCMP in B.C. said Callow will reside in Surrey, Ontario Attorney General Michael Bryant yesterday vowed never to let him set foot in this province again.
"We'll do everything we can to protect Ontarians from him causing any further harm," he said, adding he has no information that Callow has any intention of heading this way.
Bryant says he's satisfied Callow has consented to a recognizance order with "quite stringent conditions" that prevents him from legally leaving B.C. unless he goes to court first. The order also singles out Ontario – the province would be notified should Callow ever decide to come here, allowing the province to go to court to fight it.
It's rare for a court to issue an order preventing someone from entering a province without court approval, something Bryant called a very "strict provision."
"This is put into place for that rare individual who has completed their sentence but poses a danger to the law of the land that requires the extraordinary measure of constant monitoring and restriction upon his liberty," Bryant said. The Charter does not allow the Crown to seek a dangerous offender application if the offences were committed before the legislation was proclaimed.
Jane Doe launched a lawsuit in 1987 against Toronto police, arguing that investigators were negligent for not making the public aware of the rapist.
More than a decade later a judge awarded her $220,000 in general and special damages. Justice Jean MacFarland ruled that Doe and other women were used without their knowledge or consent to attract a predator.
After Doe's assault, women wanted to put up posters warning neighbours of the rapist, but police wouldn't allow them to, fearing it would compromise a stakeout.
Doe, a writer and teacher, doesn't disagree that Callow is a "very bad man who does need to be watched."
She'd just prefer it if more emphasis was placed on the bigger picture.
"All I can say is `you got it wrong, you've got to redirect your gaze – what we need to be looking at is why do men rape, why have services to women's community organizations been cut and why has that money been funnelled to so-called victim rights' groups who represent the law and order agenda that calls for bigger prisons and longer sentences when we know for a fact that they're not a deterrent," Doe said.
"What would make me feel safer and what would guarantee public safety is if there were the resources for the women who experience sexual assault, if there were resources for men who leave prison after they've done time – that's how we engage public safety."
She doesn't buy the contention that her advocacy work on rape and sexual assault has improved things.
"Nothing has changed," she said, pointing to government statistics showing the vast majority of sexual perpetrators are never punished.
Sexual offences accounted for 1 per cent of the 2.4 million Criminal Code incidents reported by police in 2002, a proportion that has not changed for the last decade, according to Statistics Canada.
But the agency notes that police statistics represent only a small portion of all sexual offences and offenders. Victimization surveys suggest that as many as 90 per cent of all sexual offences are not reported to the police. Once reported, sexual offences are also less likely than other violent offences to result in charges.

Saturday, December 16, 2006

Hmmm....

Paternity Test Ordered in Duke Case:

A judge Friday ordered a paternity test on a baby expected by the woman who has accused three Duke lacrosse players of rape. But both the district attorney and the defense rejected any possibility that one of the men is the father.

News of the accuser's pregnancy comes roughly nine months after the team party where she says she was raped.

District Attorney Mike Nifong said the woman's baby is due in the first week of February.

The defense asked for the paternity test. At the same time, defense attorney Joseph Cheshire said it is an "absolute impossibility" that she got pregnant during the alleged attack.

Cheshire said the woman was given a pregnancy test immediately after reporting she was raped — and it was negative — and she took an emergency contraceptive. In addition, DNA tests found no genetic material from any Duke lacrosse team members on the woman or her clothes.

A person familiar with the case, speaking to The Associated Press on the condition of anonymity, confirmed the pregnancy late Thursday but had no information about the father.

Also Friday, a lab director admitted in court that after an agreement with Nifong, he violated his own procedures and withheld results showing none of the players' DNA was found on or in the woman's body.

Dr. Brian Meehan, lab director at DNA Security Inc., said he and Nifong agreed to include only DNA matches in the report on his testing results. The report released in May omitted information about people the DNA tests excluded, including the fact that no genetic material from any member of the lacrosse team was among that from several males found in the accuser's underwear and body.

"We are extremely troubled by that," Cheshire said. The full testing results, showing the exclusions, were disclosed through a defense request in October. They did not become public until Wednesday.

Meehan said that he had been concerned about sensitive, private information becoming public and that the omission was not an attempt to withhold information.

"I was just trying to do the right thing," he said.

The defense attorneys also asked in Friday's hearing that the trial, which probably will not begin until spring, be moved outside of Durham County because publicity may have biased potential jurors.

Defense attorneys have stressed for months that no sex occurred at the party and have cited DNA testing that found genetic material from several males in the accuser's body and her underwear — but none from any member of the lacrosse team.

The woman has said the three men raped her in a bathroom at a March 13 team party where she had been hired to perform as a stripper. Defense attorneys have said for months that no sex occurred at the party.

The defense claimed in court papers that the woman misidentified her alleged attackers in a photo lineup that was "an incoherent mass of contradiction and error." They want the judge to bar prosecutors from using the photo lineup at their clients' trial and prevent the accuser from identifying the players from the witness stand.

The judge set a Feb. 5 hearing on that request and the bid to move the trial.

Tuesday, December 12, 2006

Pakistani Rape Victim gets Honour in US

NEW YORK - A Pakistani activist who was gang-raped at the orders of a tribal council was honored by Glamour Magazine as Woman of the Year for her fight against oppression in her homeland. Mukhtar Mai braved social stigma by going public with her 2002 assault, and used the international attention she attracted to set up a girls school in her rural community.

This award is a victory for poor women; it's a victory for all women," Mai said at the Wednesday night Lincoln Center ceremony after actress Brooke Shields presented her award.

She said her motto is: "End oppression with education." Mia, 36, said she plans to donate $5,000 of her $20,000 prize to victims of the Oct. 8 earthquake that killed more than 70,000 people in Pakistan. The rest of the money will help her establish schools and a women's crisis center.

Mai already has set up a school for girls. She said she considers schooling equally important for boys, because they must learn that under Islam, and under the law, women have the same rights to be left alone as they do.

Mai was ordered raped in 2002 by a council of elders in Meerwala*, her home village in eastern Punjab province, as punishment for her 13-year-old brother's alleged affair with a woman from a higher caste. Mai and her family say the boy had been sexually assaulted by members of the woman's family.

In Pakistan, using rape to restore a family's honor is commonplace. The victim often kills herself in shame. But Mai's outcry drew international attention and landed her alleged attackers in the national courts of Pakistan. A trial court in 2002 sentenced six men to death and acquitted eight others in Mai's rape. In March, the High Court in Punjab province acquitted five of the men and reduced the death sentence of the sixth to life in prison.

After an emotional appeal by Mai, the acquittals were overturned in June and the 13 men who had been released were arrested again. They remain in jail while Pakistan's Supreme Court considers the case.

Thursday, November 16, 2006

Releases ordered in rape case

Twelve men imprisoned in connection with one of Pakistan's most notorious rape cases must be released by Monday, a court has ordered. The case centres on Mukhtar Mai who was gang raped in 2002 allegedly on the orders of a tribal council to punish a crime attributed to her brother.

The case brought women's rights in Pakistan under international focus.

It has become bogged down in a number of appeals and counter-appeals over the men's guilt.

'No justification'

At present 12 men are behind bars following an order by the Punjab provincial government in March that ordered their detention for 90 days.

That period ends on Monday and the Lahore High Court has now ruled that there are no grounds for extending their detention.

"The review board (of the Lahore High Court) has held that there is no justification for the detention of these people and has ordered their release after depositing surety bonds of 50,000 rupees ($840) from each of them," Malik Saleem, a lawyer for the 12 men, told the Reuters news agency.

Ms Mai says she will try to get the authorities to prevent the men's release.

This is the latest twist in a number of legal developments:


2002: Six men sentenced to death, eight acquitted

March 2005 - Lahore high court acquits five men, and reduces death sentence on sixth to life in prison

March 2005 - Sharia court suspends Lahore high court decision

March 2005 - Prime Minister Aziz orders re-arrest of four of the accused

March 2005 - Punjab government arrests 12 men originally implicated in case

June 2005 - Lahore high court says 12 men must be released
The attack on Ms Mai took place in the village of Meerwala, in southern Punjab province, in February 2002.

Ms Mai has used donations she has received since her case gained international attention to open a school there. There was outrage among women's groups last March when the Lahore High Court acquitted those found guilty of the rape by an anti-terrorism court.

The Lahore court ruled that there was insufficient evidence and incorrect investigation procedures in the case.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/4081808.stm

Pakistan votes to change rape law

Found at: http://english.aljazeera.net/NR/exeres/433D0A50-47A3-4995-8B5B-770AFE71B16A.htm

Pakistan's parliament has voted to amend controversial laws on rape, removing it from the sole jurisdiction of religious Sharia courts and placing it under the civil penal code.


The change makes it easier for victims of rape to prosecute their attackers and has been praised by the Pakistani president.





Pervez Musharraf said the vote was necessary to amend the "unjust rape laws" and helped improve women’s rights.


The change however met with strong opposition by politicians from conservative Islamic parties, who stormed out of the parliament chamber in protest.

They are angry at what they say is the curtailment of Islamic law.


The changes must still be approved by the Pakistani senate in order to take effect.

Unfair treatment


Under the Protection of Women Bill, judges will now have the discretion to try rape cases in a criminal rather than an Islamic court.


Until now, rape victims had to produce four – usually male - witnesses to the rape in order to result in a conviction. If not, they could themselves be prosecuted for adultery.


"We are fully aware of the fact that we still have a lot more to do"

Shaukat Aziz,
Pakistani prime minister

The laws formed part of the Hudood Ordinances introduced in 1979 by Pakistan’s then military ruler, Zia-ul-Haq.


The changes, if approved, will allow convictions to be made on the basis of forensic and circumstantial evidence.


Shaukat Aziz, the Pakistani prime minister, said after the vote would "help lessen to a great extent the unfair and illegal treatment meted out to women".


But, he added, "we are fully aware of the fact that we still have a lot more to do."


Women’s rights groups meanwhile have given the vote a cautious welcome.


"We wanted a total repeal of the 1979 rape law, but the government has not done it," Hina Jillani, a leading Pakistani activist, told the Associated Press news agency.


Conservative opposition politicians have said they will fight to make sure the bill does not pass the senate stage.


"We reject it," said Malaun Fazlur Rahman, head of the Jamiat Ulema-i-Islam (Islamic Party of Religious Leaders).

He said the vote was a "dark day" for Pakistan.

Wednesday, November 15, 2006

Soldier Pleads Guilty in Iraq killings

The following article is posted on CNN. http://www.cnn.com/2006/US/11/15/iraq.slaying.ap/index.html

How incredibly sick. 14 Years old. By an individual who is supposed to protect our country?

FORT CAMPBELL, Kentucky (AP) -- One of four U.S. soldiers accused of raping an Iraqi girl last spring and killing her and her family pleaded guilty Wednesday and will testify against the others.

Spc. James P. Barker agreed to the plea deal to avoid the death penalty, said his civilian attorney, David Sheldon.

The killings in Mahmoudiya, a village about 20 miles south of Baghdad, were among the worst in a series of alleged attacks on civilians and other abuses by military personnel in Iraq.

Sgt. Paul E. Cortez and Pfc. Jesse V. Spielman, both members of the 101st Airborne Division with Barker, could face the death penalty if convicted in the case in courts-martial at Fort Campbell.

The alleged ringleader, former Army private Steve Green, 21, pleaded not guilty last week to charges including murder and sexual assault.

Green was discharged from the Army for a "personality disorder" before the allegations became known, and prosecutors have yet to say if they will pursue the death penalty against him.

The indictment accuses Green and others of raping the girl and burning her body to conceal their crimes. It also alleges that Green and four others stationed at a nearby checkpoint killed the girl's father, mother and 6-year-old sister.

Barker has given investigators vivid accounts of the assault.

Tuesday, November 14, 2006

Duke Case: Durham Is NOT an Appropriate Jury Trial Venue

Interesting link I ran across.

http://www.michnews.com/artman/publish/article_14798.shtml

Thought I would share.

Sunday, November 05, 2006

Inspiration

Life is a pure flame,
and we live by an invisible sun within us.
Sir Thomas Brown


As I grow to understand life less and less,
I learn to love it more and more.
Jules Renard


Nothing is predestined: The obstacles of your past can
become the gateways that lead to new beginnings.
Ralph Blum



To find what you seek in the road of life, the best proverb of all is that which says:
"Leave no stone unturned."
Edward Bulwer Lytton



Happy are those who dream dreams
and are ready to pay the price to make them come true.
Leon J. Suenes


The first step in the acquisition of wisdom is silence, the second listening,
the third memory, the fourth practice, the fifth teaching others.
Solomon Ibn Gabriol



Years teach us more than books.
Berthold Auerbach


The only medicine for suffering, crime, and all the
other woes of mankind, is wisdom.
Thomas Huxley



It is better to light one candle
than to curse the darkness.
Chinese Proverb


When one door closes another opens. But often we look so long so regretfully
upon the closed door that we fail to see the one
that has opened for us.
Helen Keller


The first and greatest commandment is,
Don't let them scare you.
Elmer Davis