Pregnant abuse victim thrown in jail

[Every Breaking Wave]

Source

TORONTO - A pregnant 19-year-old woman who has been sitting in a Toronto-area jail for more than a week because authorities fear she won't testify against her alleged abuser said Wednesday that she's "scared, terrified and angry" and vowed never again call police for help.

Noelle Mowatt, who is due to give birth next Tuesday, was taken into custody April 1 after a judge issued a warrant for her detention. Mowatt had called police on Dec. 20 to allege her partner, Christopher Harbin, had assaulted her, but has since said she hopes he is acquitted so they can build a life together.

Harbin is facing eight charges, including four counts of assault, one of forcible confinement and an assault with a weapon charge.

Mowatt expects to be released Friday after Harbin's trial, but said Wednesday that she doesn't understand how she ended up in jail when she's the alleged victim.

"It's just so unfair man, I never did anything. I'm not like a bad woman and I go rob people and murder people, you know," Mowatt said in a telephone interview. "I thought they only put guilty people in jail, not innocent, pregnant women."

Mowatt vowed to never again call police for help, and said she expected her arrest and detention would deter other abused women from calling authorities.

"I'll believe they'll be unlikely (to call) because I'm definitely not calling them again. Never," she insisted. "I thought they would have protected me, but they didn't, and I don't understand why, knowing that I'm pregnant."

Ontario Attorney General Chris Bentley couldn't comment on the specifics of Mowatt's case, other than to point out it had been reviewed by two judicial officials - a judge and a justice of the peace. Authorities are determined to prosecute spousal abuse and sometimes have to make difficult decisions, Bentley said.

"When these very difficult cases come before the judicial officials, they would consider the seriousness of the allegations, the safety of the victim and others involved, the nature of the background of all those involved," said Bentley.

"The law does not always permit easy decisions to be made... but from the Crown's perspective and from the police perspective, it's the safety of the victim that is always paramount."

Premier Dalton McGuinty said Wednesday that he was not familiar with the details of the case, but added he was concerned about the signal it sends to jail an alleged victim, especially a young pregnant woman.

"On the face of it, it creates a little bit of discomfort. There are some concerns about this particular individual and her age and her pregnancy and all those kinds of things," said McGuinty. "On the other hand, that judge has made a call and I'm not going to second guess that decision."

Mowatt said she's worried about having to testify against Harbin on Friday and can't believe she was arrested and thrown in jail to compel her testimony.

"I'm also going to be angry, because they put me here, put me through hell, and then I'm going to have to testify. How unfair is that?"

Mowatt said she's not eating right while in the Vanier Detention Centre for Women in Milton, Ont. - just west of Toronto - and was punished by guards for speaking with the media by being put into segregation.

"I just don't want any other woman to go through this, it's not fair," she said. "They don't seem to realize that they're punishing an unborn child too."

Ontario's opposition parties called the jailing of Mowatt "outrageous" and warned it would deter other abuse victims from coming forward.

"I think the process stinks, to be a poor woman to be dragged out of her home at midnight, pregnant, almost a child herself in a frightening situation," said Conservative Joyce Savoline.

New Democrat Cheri DiNovo said the government needs to examine the issue closely.

"If this is what's happening at the end of their policies, that pregnant 19-year-olds who've been (allegedly) abused are being locked up instead of their (alleged) abusers, then clearly this government has some work to do," she said.

"This is outrageous, I mean it's a 19-year-old, and of course it's going to deter other women from coming forward."

 

[Blackjack Gabbiani]

I know at least in the US you can't force someone to testify, and I can't imagine the law in Canada would be much different.

But if she's so angry, wouldn't she *want* to testify? I mean, I sure would...and then testify in a case against everyone who jailed me.

 

[The Big Al]

Actually, you can be compelled to testify in court. If they hit you with a subpoena and if you don't comply you're in contempt of court and the judge can throw you in jail. Though there's no talk of that in this article.

This sets a bad precedent. Hopefully her predictions won't come true. Otherwise murder rates in Canada might be on the climb (both victims being killed by their abusers and victims taking the law in their own hands).

 

[Every Breaking Wave]

My eye caught a second headline on this later last night, and while I didn't read that article, it seems as if this abuse victim wants her alleged abuser acquitted.

 

[Cheesus Is Lord]

Reading the quotes from the police, it seems more like they were keeping her in jail for increased protection and she misinterpreted it as coercion. Although this sort of thing is usually, and should only, be done with the victim's consent. If she so scared by it, then they should really not be holding her.