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VIC Police Not Taking My Domestic Violence Case Seriously - What to Do?

Discussion in 'Criminal Law Forum' started by DinkyDi, 16 January 2016.

  1. DinkyDi

    DinkyDi Member

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    After many years of Domestic Violence & sexual assaults, I knew I had to leave but was afraid. I made reports to the police about being threatened with a taser & knives yet not a thing was done about it. When I finally tried leaving early last year (we didn't live together), my home was broken into the very next day & my dog was stolen. The police were called, however, and they refused to attend despite telling them I knew who had taken the dog & had text msgs to show evidence, etc. Thankfully, my dog was found a week later & the person who took her got away with it due to the police refusing to even look into the matter. He would have been found guilty if they did!

    I finally left mid last year after being physically assaulted again. I went to the police & made a statement & was told an IVO will be taken out against him immediately (by the police) as well as the assault & aggravated assault charges. I was also referred to CASA re: many sexual assaults over the time with my ex & made a 12+ page statement over the course of a few weeks.

    It then took police 4 weeks to initiate the IVO & another 4 weeks before he was even interviewed over the assault (which of course he denied). I was then told by police he would not be charged as there wasn't enough evidence despite all the bruising. It was only then that the officer asked me if there were any witnesses to the assault. I was stunned by the question & told police I wasn't exactly looking for an audience at the time & didn't go back to ask neighbours if they saw or not - I actually thought that was the job of police? Again my ex got away with it.

    My ex was only interviewed over the sexual assaults in late Dec (4+ months after making a statement). Again, he denied the assaults & I have since been told charges will most likely not go ahead as there wasn't enough evidence despite the many crude & threatening text messages as well as my personal diary outlining what had happened on almost a daily basis over a 4-year period.

    Many of text messages I have received show clearly (what I have been advised by casa & others) as being sexual assault even tho the actual physical assaults happened behind closed doors. As there were no witnesses to the actual sexual assaults (again, in private behind closed doors). It would appear that they didn't believe me & as such the police haven't bothered to follow up with those I told about the assaults at the time or taken any of the text evidence into account either.

    I am stunned by the lack of police support but more so for the lack of investigation into the evidence I have in written from the abuser.

    Is there any legal course of action I can take under Criminal Law to have these matters looked into the way they should have been by the police? My case of Domestic Violence has not at all been taken seriously by the police & I am now in fear of my life knowing he has gotten away with everything. It's almost saying to him that he can do whatever he wants & he'll get away with it...

    Please help! I want to fight this, not just for myself, but for other abused women who are just being fobbed off by the police & no action being taken despite evidence proving the Domestic Violence.

    I would appreciate any assistance. I need someone on my side who takes Domestic Violence seriously, will investigate these matters properly & bring the abuser to account for his actions before he does this again to someone else or worse!
     
  2. Rod

    Rod Well-Known Member

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    If the IVO is in place, take photo evidence each time he breaches the IVO. Make sure the photo is date/time/GPS stamped. Remind the police that domestic violence is supposed to be taken seriously.

    If you are assaulted, go to the doctors/hospital and get medical evidence.

    You may need legal advice on how to handle your problem. Private prosecutions of criminal matters are possible but very rare.

    Also, download the VicPol document on this page: Victoria Police - Media . Pay particular attention to section 2.3 Maybe print this out and point it out to the next officer you see, politely of course.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Why not file for a domestic violence order privately, rather than through the police?
     
  4. DinkyDi

    DinkyDi Member

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    I have an IVO in place & there are also doctor reports etc. That's not my problem. My problem is that the police have not investigated matters. My home was broken into & dog was stolen yet the police won't even attend to it.

    He assaulted me & the police interviewed him but nothing more despite his history of abuse (proven with 4 years of text messages that they obviously didn't even look at) & didn't bother to even ask neighbours if they witnessed anything. Sexually assaulted as well as many very graphic texts. Naked photos taken of me without my permission & he texts them to me telling me he's shown others. The police do nothing!

    I need help to know where I stand & if anything more can be done due to police inaction.
     
  5. TKC

    TKC Well-Known Member

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    How would you go about initiating proceedings with respect of this?
     
  6. AllForHer

    AllForHer Well-Known Member

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    So, basically, you want him charged for criminal behaviours?

    It's up to the police to decide if a person should be charged with a crime, and the challenge you're probably facing is, in their view, a lack of credible evidence. Police won't seek prosecution unless they're confident there is a case, complete with evidence, that will lead to a conviction. They have to prove beyond reasonable doubt that the act in question was committed by the person in question at the time in question.

    In my view, you're better off enjoying the protection of the IVO you do have, rather than continuing to push for a prosecution the police are unlikely to pursue due to lack of credible evidence. You can't force the police to prosecute when there's no case to be had, so it would seem to me a better use of time to seek counselling and distance from your ex.
     
  7. Rod

    Rod Well-Known Member

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    The sexting laws introduced into the summary offences act (s41C) of Victoria make it an offence punishable by a jail term to send naked images of you. Need to prove it, accusations won't be enough.

    'Sexting' now banned in Victoria


     
  8. Nathalie

    Nathalie Member

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    Hi,

    I know exactly what you've been through concerning the Victorian police. My victimisation was with the [Moderator Redacted - Community Guidelines] Police. They refused to help me nor did they believe anything I said. I kept to myself while residing in [Moderator Redacted - Community Guidelines] so the police didn't know of me, unlike my ex who worked and socialised there amongst the locals.

    The police were taken with his narcissistic charm. My ex continually insulted my young teenagers and intimidated them for years and not one police officer helped us. After several more abuses and two interventions later, I broke down because he would always breach the orders and the police would just say, "you know, you shouldn't be here X" and that's it. He was never penalised and I was re-victimised over and over again, until the ex attacked my sister and threatened to slit my mother's throat.

    Still the police did nothing. I broke down took my kids and fled to yet another refuge. Now I live back in suburbia and not much has changed. In January, the ex tried to kidnap me, dragged me on the concrete which left a deep graze on my outer thigh, and a fat lip.

    I called 000 and they never showed up. Two weeks ago the ex came over again and hit me yet again. Now he refuses to return my car and the police refuse to accompany me to retrieve it. I'm isolated and don't trust the justice system. The police who are meant to protect all their citizens fail greatly. We women and children that are genuinely being abused need protection.

    So please help us. I have had not only death threats but he almost manage to succeed. This is very serious!
     

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