Pregnant teens belong in jail

[Wezil]

TORONTO - A pregnant 19-year-old who has been sitting in a Toronto-area jail for more than a week will have her day in court Friday.

But Noellee Mowatt is not charged with anything - she has been in jail because authorities were worried she wouldn't testify against her boyfriend who is charged with assaulting her. Mowatt - who is due to give birth next Tuesday - has said she is terrified of being in jail and angry at officials who put her there, vowing never to call police again for help.

Mowatt had called police in December alleging her partner, Christopher Harbin, had assaulted her.

But she 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.

The attorney general has said the case was reviewed by two judicial officials and that authorities have to make difficult decisions to stop spousal abuse.

http://cnews.canoe.ca/CNEWS/Crime/2008/04/10/5246991-cp.html

This has been a news item in the province for the last week or two. She called police and initiated the process but then refused to testify.

Womens groups are outraged that she is being held. Personally I'm divided - I understand she is the "victim" in all this but I have little sympathy for those that cry "wolf" then disappear when authorities try to help.

[BeBMan]

"WOOLLLLF"

*hides*

[Imran Siddiqui]

I have little sympathy for those that cry "wolf" then disappear when authorities try to help.

Yeah, that bothers me as well. If you don't want to testify or have him convicted for something, why are you calling the cops for help? To scare the boyfriend? He's just going to do it again?

[Dinner]

I don't like domestic abuse either but jailing people unless they do as their told is no solution.

[Thoth]

Wouldn't it be easier and cheaper just to waterboard her until she agrees to testify?

[Wezil]

Originally posted by Imran Siddiqui

Yeah, that bothers me as well. If you don't want to testify or have him convicted for something, why are you calling the cops for help? To scare the boyfriend? He's just going to do it again?

Women's groups have been talking about the psychology of abuse as the excuse for her behaviour.

[Kidlicious]

Originally posted by Oerdin
I don't like domestic abuse either but jailing people unless they do as their told is no solution.

It is if they get a conviction. It's kind of hard to beat up women when you are in prison. I'm suprised womens groups don't support the police and prosecuter in this. I wish we could keep the little whore in jail too.

[SlowwHand]

Originally posted by Oerdin
I don't like domestic abuse either but jailing people unless they do as their told is no solution.

Didn't read again, did you? At the very least, filing a false complaint is still a criminal act.

[Imran Siddiqui]

It's not a false criminal complaint you numnuts. She just didn't want to press charges (though they are going forward anyway)

[KrazyHorse]

She's in jail under a material witness warrant. IIRC there's a major difference between Canadian and US law on the point of "pressing charges"; in Canadian law a criminal complaint of one party against another is not a requisite element to pursue prosecution; if the Crown has evidence that a crime has been committed then they can move forward regardless of whether the victim wishes the perpetrator prosecuted or not.

In practice, of course, it's difficult to successfully prosecute somebody without the cooperation of the victim.

[Kidlicious]

Seems like it wouldn't be so hard since she called the police and the police arived and saw her beat up. But, I guess they have to make sure.

[KrazyHorse]

I'm not sure if they can use her 911 call without putting her on the stand, dude.

[Kidlicious]

Originally posted by KrazyHorse
I'm not sure if they can use her 911 call without putting her on the stand, dude.

They can't prove if was her calling, but surely the fact that someone called is evidence. Then they went to the scene and they have what she said to police too. I'm sure they took her ID and all.

[Kidlicious]

It's probably the forced confinement and weapons charges that they need her testimony for though. Those ought to really nail him good.

[KrazyHorse]

Kid, do you understand the concept of "hearsay"?