Domestic Violence Offenders Likely To Abuse Again If Released On Bail Says Justice Department study Says

Domestic Violence

First Posted: 11/05/11 07:00 AM ET Updated: 11/07/11 04:55 PM ET

OTTAWA - A new Justice Department study suggests a significant number of men released on bail after allegedly beating up their partners return home to beat them up again.

The research also indicates that men with violent criminal histories are twice as likely to violate bail conditions, and to again harass or assault their wives or partners.

A women's shelter advocate says the study shows that bail is too readily granted to some wife-assaulters, and says more accused men need to wear electronic tracking devices while back out on the street.

The findings are contained in an unpublished internal brief that is part of a larger Justice Department project to examine Canada's bail regime.

A draft copy of the study, dated November last year and stamped "not for public distribution," was obtained by The Canadian Press under the Access to Information Act.

"Violent offences involving an intimate partner present a unique challenge as victims often have ongoing contact with the accused, i.e., reside with the accused person, have children together, etc., which may increase the risk that the violence may be repeated or that it may escalate," says the brief.

"Therefore, it is important to better understand bail outcomes within the context of intimate partner violence."

Two researchers examined 233 files at Winnipeg's domestic violence court for 2004, in which an accused person was charged with a violent assault against their intimate partner and received bail, either from the police or the court.

The vast majority were men — 198 cases — and about 70 per cent were married.

Just over half violated their strict bail conditions, which almost always required no contact with the victim. And of those who violated bail, more than half were charged with again assaulting or harassing their victim.

The police granted bail in just over half the cases, while the courts released the remainder on bail.

"The factors that influenced bail violations included being unemployed, having a history of at least one violent criminal conviction, and being on probation or bail at the time of the index offence," the authors conclude.

A spokeswoman for the Justice Department called the brief an "internal policy document" that was never intended for publication.

"The study was part of a larger initiative looking at research on the bail regime in Canada," Carole Saindon said in an email response to questions.

The brief itself cautions that the findings "were derived from one sample at one period of time and as such, results cannot be generalized to the Winnipeg domestic violence court, to other domestic violence courts, or to other cases involving violence against an intimate partner."

But the executive director of Osborne House, a Winnipeg women's shelter founded in 1974, says the findings about men on bail who return to beat up their wives are no surprise.

"We see it happening all the time," Barbara Judt said in an interview. "There needs to be a stronger course of action taken with them."

For one, the justice system has to do a better job of deciding who gets bail, she said.

Judt also supports having electronic tracking devices attached to some men on bail so that police — as well as women victims — can monitor their whereabouts, and prevent sometimes horrendous assaults.

"We see the impact of the beatings," she says. "There are days it takes my breath away. ...

"When you see the outline of someone's boot on someone's cheek — it is brutal."

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OTTAWA - A new Justice Department study suggests a significant number of men released on bail after allegedly beating up their partners return home to beat them up again.The research also indicates th...
OTTAWA - A new Justice Department study suggests a significant number of men released on bail after allegedly beating up their partners return home to beat them up again.The research also indicates th...
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08:23 PM on 11/05/2011
Can't see why that would be a surprise to anyone least of all the Justice Department. If an individual is charged with domestic violence do you really think he is going to care whether he will be charged again if he repeats the crime while on bail? If he cared he wouldn't do it in the first place, and if he has a record of violence getting charged is no deterrent. If you want to stop these people from re-offending then keep them locked up.
06:36 PM on 11/05/2011
This is no surprise. Perhaps one way to alleviate this is to give the "significant others" a more extensive legal self-defense privilege if the abuser has been legally convicted.
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one1byke
Easy no Man.
12:46 PM on 11/05/2011
Let's wake up and smell the coffee

In this pitifully patriarchal society, we wouldn't dream of vilifying a man for 'disciplining' his lady.
because... then, we wouldn't be able to abuse our ladies.

See Texas Judge William Adams.
It's up to you Ladies.. Men will NEVER stop this madness.
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turkeylurky
Just keepin it real........
11:59 AM on 11/05/2011
No!!!!!!!
We can't put these guys in jail - we know incarceration doesn't work (I know 'cause I read it here on HP) - and it would only give credence to Harper's tough on crime bill.
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HUFFPOST SUPER USER
piceaglauca
The picture says it all....
10:47 AM on 11/05/2011
This is where the "Tough on Crime" legislation will play a roll in keeping these guys in the slammer. I don't know who out there wants to argue for rehabilitation of these guys when you spend all this time trying to get them to think straight when they are spending as much time thinking about how to "get even" with their partner.
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spinnerator
07:07 AM on 11/05/2011
Oh, duh, the gov't actually wasted money on this crap? C'mon, you'd have to have the brain power of a Gerbil not to know this. Oh, and shock and surprise, the researchers are two women so of course there's no bias against men. And oh, shock again, women's shelter advocates are pointing fingers at the 'lenient' bail conditions these men get. In a society who's justice system is supposed to be based on "innocent until proven guilty" they'd advocate stripping these men, and trust me it's really only men they want to do this to, of their freedoms even though they haven't been convicted yet. And of course the study, doesn't touch on the issue of how many of these victims invited the offender's back into their home after the court restricted that activity. Because it's ALWAYS the man's fault.
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CarlyQ
Without followers, evil cannot spread.
11:21 AM on 11/05/2011
In your world, apparently it's ALWAYS women's fault.
01:32 PM on 11/05/2011
Great comeback!