Summer's Case — Domestic — Protecting the Victims

Clients:  Summer and her daughter, Complainants
Accused:  Drake, Summer's ex-spouse

Charges:  assault, assault causing bodily harm, threaten death, sexual assault, forcible confinement, fail to comply with recognizance, and sexual exploitation

Background:  When Summer first came to me, Drake was only charged with assaulting and threatening her. Summer didn't want Drake to have a criminal record. They had a baby together, and Summer was understandably concerned about Drake's ability to stay in the country. This was a one-time incident. She wanted to deal with it through counselling, and then get on with their lives.

Goals:  Summer's goal was reasonable — and one I had achieved in many other cases — but my spidersense was tingling.

Strategy:  While I agreed to "work with Drake's lawyer," I had some misgivings. I made myself a mental note to keep a special watch. Summer maintained her instructions for months. Then the dam broke. At one of our meetings, Summer was distressed. "What's really going on," I challenged. "Nothing," she said, but I persisted. She eventually opened up, and disclosed a brutal pattern of on-going abuse. She had the bruises to prove it. I insisted that she go to the police. She refused. She was afraid and accepted the abuse as a natural part of the relationship. She was a battered spouse. It had to stop. Here's what I did. I told Summer that I could not breach her confidence, but I also told her that I would not act on instructions that, in essence, made me a party to the abuse. I gave her a choice: either she calls the police or I withdraw from the case. She stared for about a minute, let out a heavy sigh, and then relented. Within the hour, the police were at my office. Drake was arrested and held in custody.

READ THE FOUR POLICE REPORTS RE SUMMER

Goals — Revised:  Summer needed Drake held in custody, convicted, and then deported. Summer would have to work with the Crown, the police, and the immigration authorities. I facilitated that process. My goals were two-fold: first, to support Summer in cooperating with the Crown to ensure that Drake was kept in custody and ultimately convicted; and, secondly, to keep Immigration Canada motivated to remove Drake from Canada.

Strategy — Revised:  As you can see in the letter linked below — faxed after the first and second set of charges — I wore my worry openly and used forceful language to ensure that Summer's safety was on everyone's mind. I worked tirelessly for almost two years, attending innumerable meetings and over a dozen Court appearances.

READ MY LETTER TO IMMIGRATION CANADA

Results:  Summer and I were pleased to find the Crown, the police, and Immigration Canada, cooperative, focused, and motivated. The noose was closing in on Drake, but there was a setback. Drake was acquitted of the first set of charges involving the two assaults and the threat. He was perhaps feeling confident; but it was just pride before the fall. At the start of the second trial, while Drake was still in custody, Summer disclosed a previous sexual assault and more on-going abuse. That resulted in a third set of charges. Then the axe fell again. Summer's teenaged daughter, who had grown to trust me, confided that Drake had sexually abused her. I arranged for her to speak with the police. Drake was charged with sexual exploitation (sorry, no police report). In the end, Drake was convicted of the second set of charges, the third set of charges, and the sexual-exploitation charge. He received a lengthy jail sentence and was afterwards deported.

Post-script:  I had intermittent contact with Summer and her daughter for five years afterwards. Thankfully, they never heard from Drake again. I pray it stays that way.