I have been following the news reports quite closely from the moment I heard 2 prisoners escaped from the Clinton Correctional Facility a NY State maximum security prison. This story is very personal to me as a victim of a violent sexual predator who currently serves a 21 year sentence in a Pennsylvania maximum security prison and then will be transferred to an Idaho maximum security prison to serve a Life sentence. In the time period leading up to my attacker's, Jeffrey Marsalis, trial and during my counseling I shared my fear that he would escape, somehow find and harm me for testifying against him. Although seemingly irrational and I've spent a lot of time working through it, there was and (now proven) is a very small chance it could happen.
The two convicted felons (Richard Matt & David Sweat) now on the loose were heinous, vicious murderers and I can imagine what the victims are thinking and feeling until they are finally caught and returned to prison. As the details unfolded and continue to do so every day I think about them because I know from personal experience the fears I had that they are now living out in real time. If I could I would speak to them or meet with them face to face to show my support and share that I want to be there however they may need me.
As if it wasn't bad enough that these violent men were now free it was then reported that a prison employee took it upon herself to not just decide that a judge and jury conviction was incorrect but to help the two escape. I don't care that she may have been charmed by one or both of them or whatever else her attorney may explain away her behavior but she went to the next level by assisting them. Since her arrest I watch the footage of Joyce Mitchell online or on television and get extremely angry. My disgusted reaction is a result of my knowledge and experience of what it takes to put a criminal behind bars no matter what the crime and how high the stakes and the personal investment made not just from the victims and their families but from law enforcement and the prosecutors office. Every step throughout the legal process is, as I see it, another hurdle to get over in order to get justice as a victim. The stress and anxiety experienced can only be described as all consuming until the verdict comes in from the Jury and they say the magic word "GUILTY". But even then there is still one more hurdle to overcome and that's the sentencing by the judge. Will it be what the accused and now convicted deserves?
So the trial and sentencing are over and the convicted are "safely" away in prison only does the real healing begin for the victims and families. But not in this case! If this was happening to me I would show up in court every day that Joyce Mitchell appears and write as many letters as humanly possible to the judge and prosecutors office asking that no mercy and the harshest penalties be imposed on her for undoing what a jury and judge had done. Since it, thankfully, not happening to me what I can do is share my experience and publicly show my support for the families of the victims who crossed paths with those awful men.
Showing posts with label Justice. Show all posts
Showing posts with label Justice. Show all posts
Friday, June 19, 2015
Wednesday, February 18, 2015
A Civil Matter
As I woke up this morning and to began contemplate the subject for my blog post I started checking my JoAnnSpeaksOut email, Facebook and Twitter accounts. There it was right in front of me more negative comments from @This_iz_Stupid. Let's first go back to my post from February 8th "A 'Life' Sentence - No Other Option" in which I wrote convicted rapists (child or adult) should only ever receive a Life sentence. There is no rehabilitation for rapists which explains why the Sex Offender label was created and added to rapists sentences. Rapists leave prison and they rape again. I spoke about my own personal experience with my attacker, Jeffrey Marsalis, and how he not only believed he did nothing wrong but his attorney used the classic 'victim blaming' defense stating his multiple victims were bitter and angry for having been lied to by him about his fabricated medical career, background, etc. The prosecutors, detectives and victims all knew that if he was ever to be released from prison he would rape again.
I received a tweet from @This_iz_Stupid saying "rape isn't as bad as murder, murder is the only crime that should be life". This resulted in support from several of my friends (both child rape victims) tweeting back at the anonymous account to the effect they must not be a victim and if they never experienced an assault how do they know. I responded with a comment stating how rape changes a victims life forever in the same manner a murder victim's family is changed forever. Other supportive comments included "statistics always show they don't stop."
What led me to this post was another tweet this morning from @This_iz_Stupid saying he/she?? "grew up with a b*tch step mom trying to take my dad's money with false rape accusations. (You could tell it was false cuz she wanted $4.5 mil)". Then @ROYALMRBADNEWS favorited the tweet. This was the last straw for me so I decided to not respond at all to the tweet but to use my words constructively.
First, how does @This_iz_Stupid know for a fact that his/her step mom was falsely accusing his/her dad? Victims of sexual violence can all too well relay the stories of their attackers having a Jekyll & Hyde type personality. Sexual predators can portray themselves one way in public and another way behind closed doors.
Next, the civil lawsuit does not immediately place a lack of credibility on the accuser. In the case of Jeffrey Marsalis (my attacker) there were dozens of victims who came forward to tell very similar stories of having been lured in by his charm and fabricated identity and the circumstances of their rape encounters with him. A prosecutor has to consider many different factors before moving forward with a rape case not to mention there is a statute of limitations on sexual assault. It is not uncommon for victims to decide to bring forth a civil suit against their attacker instead of going forward with a criminal trial. This does not alone make their accusation in-credible.
Finally, why does the public not blink twice when a murder victims families pursue a civil lawsuit to obtain justice for their loved one when the criminal trial doesn't have the proper outcome? The family only wants justice and will seek it any way that they can and rightly deserved I might add. My personal experience with seeking justice allows me to understand exactly what they are going through. Just as with a murderer or rapist receiving a Life sentence for their crimes a rape victim should be able to receive justice in a civil lawsuit the same way a murder victim's family does without judgement and criticism.
I received a tweet from @This_iz_Stupid saying "rape isn't as bad as murder, murder is the only crime that should be life". This resulted in support from several of my friends (both child rape victims) tweeting back at the anonymous account to the effect they must not be a victim and if they never experienced an assault how do they know. I responded with a comment stating how rape changes a victims life forever in the same manner a murder victim's family is changed forever. Other supportive comments included "statistics always show they don't stop."
What led me to this post was another tweet this morning from @This_iz_Stupid saying he/she?? "grew up with a b*tch step mom trying to take my dad's money with false rape accusations. (You could tell it was false cuz she wanted $4.5 mil)". Then @ROYALMRBADNEWS favorited the tweet. This was the last straw for me so I decided to not respond at all to the tweet but to use my words constructively.
First, how does @This_iz_Stupid know for a fact that his/her step mom was falsely accusing his/her dad? Victims of sexual violence can all too well relay the stories of their attackers having a Jekyll & Hyde type personality. Sexual predators can portray themselves one way in public and another way behind closed doors.
Next, the civil lawsuit does not immediately place a lack of credibility on the accuser. In the case of Jeffrey Marsalis (my attacker) there were dozens of victims who came forward to tell very similar stories of having been lured in by his charm and fabricated identity and the circumstances of their rape encounters with him. A prosecutor has to consider many different factors before moving forward with a rape case not to mention there is a statute of limitations on sexual assault. It is not uncommon for victims to decide to bring forth a civil suit against their attacker instead of going forward with a criminal trial. This does not alone make their accusation in-credible.
Finally, why does the public not blink twice when a murder victims families pursue a civil lawsuit to obtain justice for their loved one when the criminal trial doesn't have the proper outcome? The family only wants justice and will seek it any way that they can and rightly deserved I might add. My personal experience with seeking justice allows me to understand exactly what they are going through. Just as with a murderer or rapist receiving a Life sentence for their crimes a rape victim should be able to receive justice in a civil lawsuit the same way a murder victim's family does without judgement and criticism.
Tuesday, November 25, 2014
Justice
The recent ruling from the Ferguson MO Grand Jury pertaining to the shooting of Michael Brown by police officer Darren Wilson has brought out a lot of emotion from the public. Most prominently centered is the subject of Justice. The family of Michael Brown did not receive the justice their son deserved. The police officer Darren Wilson and his family did by his not being charged with a crime. I will not reveal personal thoughts pertaining to the case because because for the purposes of this blog they are irrelevant. I can speak from personal experience how a victim and their family feels after not receiving justice.
In 2007 my rapist was put on trial for sexually assaulting 7 women. Although I was not included in the trial my statement and original charges were part of the case that brought Jeffrey Marsalis to Trial. He faced 37 charges to include Rape, Sexual Assault and Unlawful Imprisonment. Seven women got up and testified with nearly identical stories of having met Marsalis on Match.com, then on their date having been drugged and raped by him. It was a very strong circumstantial case that went on for 3 1/2 weeks with the jury deliberating for 5 days. They only came back with 2 guilty verdicts of sexual assault of 2 women. This was not justice. Although 7 women testified at trial there were many other victims like me who were not included in this case. We were devastated.
Just as the family of Michael Brown believes their was enough evidence for Officer Darren Wilson to be charged I along with all of the other victims believed there was enough evidence for the jury to return guilty verdicts for all the charges in the Marsalis case. I can say from personal experience that you feel helpless and angry and a lot of other emotions. Victims and families put their trust in the Jury or Grand Jury and sometimes they do not deliver the decision we expect. It seems unfair. What didn't they see?
I am 7 years removed from that trial and because my rapist went on to rape again he was charged and ultimately convicted of Rape and sentenced to Life in prison. This is all very raw for the Brown family and I hope over time they can somehow begin to heal. I also know what it's like for your personal life to be broadcast by the media and exposed to public opinion. Although my case did not receive the level of coverage that the Brown's is currently. Watching your personal tragedy play out on the news daily only adds to the hurt that you are feeling. Even worse is having some use it to promote their own agenda's.
There have and will continue to be victims and/or their families in this country who will not receive the justice they feel they deserve but we have to trust in the system. We also live in a country where you can fight to change what you believe isn't working. During the 2007 trial in Pennsylvania prosecutors were not allowed to present expert testimony as to the state of mind of a rape victim afterwards. This may have significantly changed the jury's decision. Because of a tireless fight by some legislators this is no longer the case. I hope the Brown family gets to right what they believe was wrong in their situation.
In 2007 my rapist was put on trial for sexually assaulting 7 women. Although I was not included in the trial my statement and original charges were part of the case that brought Jeffrey Marsalis to Trial. He faced 37 charges to include Rape, Sexual Assault and Unlawful Imprisonment. Seven women got up and testified with nearly identical stories of having met Marsalis on Match.com, then on their date having been drugged and raped by him. It was a very strong circumstantial case that went on for 3 1/2 weeks with the jury deliberating for 5 days. They only came back with 2 guilty verdicts of sexual assault of 2 women. This was not justice. Although 7 women testified at trial there were many other victims like me who were not included in this case. We were devastated.
Just as the family of Michael Brown believes their was enough evidence for Officer Darren Wilson to be charged I along with all of the other victims believed there was enough evidence for the jury to return guilty verdicts for all the charges in the Marsalis case. I can say from personal experience that you feel helpless and angry and a lot of other emotions. Victims and families put their trust in the Jury or Grand Jury and sometimes they do not deliver the decision we expect. It seems unfair. What didn't they see?
I am 7 years removed from that trial and because my rapist went on to rape again he was charged and ultimately convicted of Rape and sentenced to Life in prison. This is all very raw for the Brown family and I hope over time they can somehow begin to heal. I also know what it's like for your personal life to be broadcast by the media and exposed to public opinion. Although my case did not receive the level of coverage that the Brown's is currently. Watching your personal tragedy play out on the news daily only adds to the hurt that you are feeling. Even worse is having some use it to promote their own agenda's.
There have and will continue to be victims and/or their families in this country who will not receive the justice they feel they deserve but we have to trust in the system. We also live in a country where you can fight to change what you believe isn't working. During the 2007 trial in Pennsylvania prosecutors were not allowed to present expert testimony as to the state of mind of a rape victim afterwards. This may have significantly changed the jury's decision. Because of a tireless fight by some legislators this is no longer the case. I hope the Brown family gets to right what they believe was wrong in their situation.
Monday, November 17, 2014
Innocent Until Proven Guilty
...The first week of January seems to have reignited the news stories about comedian Bill Cosby and the allegations by multiple women whom he drugged and sexually assaulted. Not that it was out of the news completely but several things happened most recently. He began a comedy tour through 3 Canadian cities where protestors not only showed up outside the venues but spoke up during the show. His former "Cosby Show" co-star Phylicia Rashad made some controversial statements regarding the victims (stating "this isn't about the women but about a legacy"). Finally three more victims came forward. In the past month while this story continues to be reported I hear a frequent yet frustrating comment made by some in the public. Many offer opinions either way whether they believe the victims or not but say in this country we are "Innocent Until Proven Guilty". Every time I hear this my blood begins to boil and here's why.
I would first like to say that I have great respect for the law and our legal process. I believe in our legal system and know that it does its best to be fair and just. It's by no means perfect but in my opinion one of the best in the world. It is also not lost on me as a rape victim who has gotten justice and seen her attacker found guilty on multiple sexual assaults and rape that I am very lucky. I repeat this to myself frequently!
That being said I feel passionately about the subject yet the majority of victims of sexual assault who will never see any kind of justice whatsoever and I feel a responsibility to speak out and fight for them. The likelihood that a rape victim will come forward to report, the prosecutor finding enough evidence to move forward with the case, then for it go to trial and have a jury find the rapist guilty are shockingly low. So low in fact that 97% of rapists will never spend a day in jail. Does that mean that the public should only believe 3% of rape victims? That is utterly absurd. The crime and prosecution of sexual assault is monumentally different than other crimes such as a burglary, murder, etc that it's unlikely the victim even gets to prove their attacker guilty. This means that all those idealists out there get to stand up and say "Innocent Until Proven Guilty" and walk away with their conscience clean. Wouldn't it be nice if a rape victim could do the same by walking away but their lives are profoundly changed forever. I know that because mine certainly was and I'm one of the 3%. Imagine a victim in the 97% who doesn't get justice. Not to mention a statute of limitations on sexual assault and if that has expired the victim has no legal recourse whatsoever. This is the case with ALL the Bill Cosby victims. The law is essentially saying that because of a lapse in time the crime didn't happen.
As far as I'm concerned the belief of "Innocent Until Proven Guilty" is lame and a cop out under these particular set of circumstances and does a great disservice to victims of rape and sexual assault. I also think it's extremely hurtful to victims that they could be so easily dismissed by a simple statement. If the public was only informed enough to know how hard it is to get a rapist to trial they wouldn't be so quick to give the benefit of the doubt to the accused and not the accuser. I think it's time that more people believe the victim and question what the accused has done instead of the other way around. I know I'm tired of it and for as long as I can I will work to inform the uninformed!
I would first like to say that I have great respect for the law and our legal process. I believe in our legal system and know that it does its best to be fair and just. It's by no means perfect but in my opinion one of the best in the world. It is also not lost on me as a rape victim who has gotten justice and seen her attacker found guilty on multiple sexual assaults and rape that I am very lucky. I repeat this to myself frequently!
That being said I feel passionately about the subject yet the majority of victims of sexual assault who will never see any kind of justice whatsoever and I feel a responsibility to speak out and fight for them. The likelihood that a rape victim will come forward to report, the prosecutor finding enough evidence to move forward with the case, then for it go to trial and have a jury find the rapist guilty are shockingly low. So low in fact that 97% of rapists will never spend a day in jail. Does that mean that the public should only believe 3% of rape victims? That is utterly absurd. The crime and prosecution of sexual assault is monumentally different than other crimes such as a burglary, murder, etc that it's unlikely the victim even gets to prove their attacker guilty. This means that all those idealists out there get to stand up and say "Innocent Until Proven Guilty" and walk away with their conscience clean. Wouldn't it be nice if a rape victim could do the same by walking away but their lives are profoundly changed forever. I know that because mine certainly was and I'm one of the 3%. Imagine a victim in the 97% who doesn't get justice. Not to mention a statute of limitations on sexual assault and if that has expired the victim has no legal recourse whatsoever. This is the case with ALL the Bill Cosby victims. The law is essentially saying that because of a lapse in time the crime didn't happen.
As far as I'm concerned the belief of "Innocent Until Proven Guilty" is lame and a cop out under these particular set of circumstances and does a great disservice to victims of rape and sexual assault. I also think it's extremely hurtful to victims that they could be so easily dismissed by a simple statement. If the public was only informed enough to know how hard it is to get a rapist to trial they wouldn't be so quick to give the benefit of the doubt to the accused and not the accuser. I think it's time that more people believe the victim and question what the accused has done instead of the other way around. I know I'm tired of it and for as long as I can I will work to inform the uninformed!
Thursday, October 16, 2014
Never Forget Why
...Yesterday I had a conversation with someone interested in telling my story and it reminded me why I started on this path in the first place. Even before the public speaking and before the counseling it all began with that 2 hour interview at the Special Victims Unit in Philadelphia and Detective O'Malley. As he took my statement walking me through meeting Jeffrey Marsalis and the horrible night that changed my life forever, he informed me of the previous accusations in which he drugged and raped other women and the current growing investigation that I was part of I became more and more angry. I learned of the horrific details of the rapes he committed before and after I met him and how I was right in the middle of it. At the end of the interview I was asked if I wanted to press charges and my answer was "Hell Yes!". It was also at that moment where I made a vow and commitment to myself.
As time passed and I moved through the preliminary hearing, the two trials and the counseling I learned more about myself and what were positive steps towards my healing process. I made the decision to speak out and tell my story to advocates and college students so I could share my experiences in hopes of helping other rape victims come forward and heal. I also wanted what happened to me to serve as an awareness and prevention tool. Then once I began my advocacy campaign my mission broadened until that conversation last night and it hit me I should never forget why I started all this and a very positive reality check.
What I don't ever want to forget is that Jeffrey Marsalis is a rapist with no sense of remorse. If given the chance he would rape again. Although he was sentenced to 21 years in a Pennsylvania Prison and upon his release he will be transferred to an Idaho prison where he will serve out a Life sentence. There is the potential for Parole after 15 years which I'm told is highly unlikely due to his status as a sex offender and the large number of victims. If parole was granted he would be approximately 70 years old. In order for that not to happen its important to keep his name and the vicious crimes he committed and all the lives he's negatively affected in the news for as long as possible. As long as the public and those part of the justice system are reminded of his numerous acts of drugging and raping women he committed over many years the less likely he will be granted parole out of sympathy for his advanced age at the time.
Many of his victims did not or could not speak out for what are very complicated reasons only known to those having been sexually assaulted. Many of his victims who did come forward found the charges brought against him on their behalf to have a jury decide on acquittal. All of these factors do not lessen the validity or impact of his attacks on all the women unlucky enough to have met and "dated" Jeffrey Marsalis. He is considered one of if not the worst date rapists in this country and I will stay committed to my promise that December 22, 2005 to do whatever it takes for however long it takes to put him in prison and keep him there for the duration of his life...
As time passed and I moved through the preliminary hearing, the two trials and the counseling I learned more about myself and what were positive steps towards my healing process. I made the decision to speak out and tell my story to advocates and college students so I could share my experiences in hopes of helping other rape victims come forward and heal. I also wanted what happened to me to serve as an awareness and prevention tool. Then once I began my advocacy campaign my mission broadened until that conversation last night and it hit me I should never forget why I started all this and a very positive reality check.
What I don't ever want to forget is that Jeffrey Marsalis is a rapist with no sense of remorse. If given the chance he would rape again. Although he was sentenced to 21 years in a Pennsylvania Prison and upon his release he will be transferred to an Idaho prison where he will serve out a Life sentence. There is the potential for Parole after 15 years which I'm told is highly unlikely due to his status as a sex offender and the large number of victims. If parole was granted he would be approximately 70 years old. In order for that not to happen its important to keep his name and the vicious crimes he committed and all the lives he's negatively affected in the news for as long as possible. As long as the public and those part of the justice system are reminded of his numerous acts of drugging and raping women he committed over many years the less likely he will be granted parole out of sympathy for his advanced age at the time.
Many of his victims did not or could not speak out for what are very complicated reasons only known to those having been sexually assaulted. Many of his victims who did come forward found the charges brought against him on their behalf to have a jury decide on acquittal. All of these factors do not lessen the validity or impact of his attacks on all the women unlucky enough to have met and "dated" Jeffrey Marsalis. He is considered one of if not the worst date rapists in this country and I will stay committed to my promise that December 22, 2005 to do whatever it takes for however long it takes to put him in prison and keep him there for the duration of his life...
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