TAS Video prior to domestic assault

Discussion in 'Criminal Law Forum' started by Sproutsx3, 14 July 2018 at 1:11 AM.

  1. Sproutsx3

    Sproutsx3 Well-Known Member

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    Knowing my partner had had two unreasonable and irrational prior 'anger flips', always happened when he had been drinking alcohol, the third time he flipped to anger in February this year I made three small video recordings via my mobile, with the third being two minutes before he punched me to the face then demolished my mobile to destroy video and so I couldn't call anyone.

    Because I had an SD card in my mobile, the videos saved to that, he didn't know to destroy the SD card so I still have the videos.

    I videod because I was scared of what was going to happen. I videod as his recollection after the other two of his anger outbursts were so bizarre that I wanted to be able to show him when he was sober how irrational he is.

    Prior to taking the first video I posted on my expartners facebook post that he was being irrational ATM. One of his mates replied. Then I replied 'I should record him'.

    I then repeated that to my expartner saying 'I should record you'.

    I didn't hold my mobile in my hand to video shot as in objects, I hit record and placed my mobile on the coffee table, so the picture is of the roof, but the voices (conversation) are clear.

    In one video he goes off on a verbal rampage of 'woman' how woman are all the same, love being loved but we are horrible miserable selfish beings. Then you hear his voice change to mocking and he says 'rape, don't touch me, it's rape'. I was horrified that anyone could mock play what would be a horrific event in anyone's life of rape. He wasn't screaming rape, he was mocking it.

    In the second video you hear me say stop pushing me your hurting me, twice. Then you hear him say 'well get off me your hurting me'. I replied 'I'm sitting on the couch, I'm not on you'. He replied 'well your squashing my stomach'. I say bewildered 'your stomach doesn't stick out that far'. He replied 'well it does now because I just ate KFC'.... The significance of this video shows how petty and irrational he is.

    The third and last video he's twisting things on me saying how fckd in the head I am and I get stupid ideas in my head. ???. Then you see him come into the picture (as prior the video was just recording the ceiling from where I sat my mobile on the coffee table) he makes an overhead swing motion then swoops his arm/hand down at me as if going to hit me, but on the downward swoop he veers his hand down to the coffee table to pick up his mobile phone. And as he walks away you hear him laugh mockingly because I flinched.

    Two minutes later he punched me.

    He is charged with common assault and damage to property.

    1) Will the court accept my videos as evidence, or will his lawyer try to have this thrown out?

    Also. I have text messages a week after between myself and his exfiance . Exfiance was with him 18 years. In these messages she states 'he has a very angry side to him' 'I can understand how you would be scared of him' 'he wore me down emotionally and mentally over the years'.

    2) Is it useful to show these in court to back up my accusations of him, or again will his lawyer have any grounds to have them thrown out and not accepted.

    .... Sorry for the long post. I haven't been to court before. Terrified as he revenge charged me a month later (as he promised if I had him charged) saying that I assaulted him first and I did not lay a finger on him. It's so sad.

    I swear I would never recommend for domestic abuse victims to go to the police. I wish I hadn't. Traumatic, but much less traumatic to walk away and let them get away with it.
     
  2. sammy01

    sammy01 Well-Known Member

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    So here is my problem... You did the video because you were scared? Scared people RUN...
    Video shows you were not scared, video shows you were provoking him to get a response.
    Text messages between you and his ex. So I reckon his solicitor will make the case that you started the fight, you provoked and you filmed it only once you'd stopped provoking and he started responding... And based on what you've written that isn't an entirely implausible approach.

    My advice do nothing, leave it to the police prosecutors, if you didn't provide the evidence to the police the question neeeds to be why not?
    And do you think you can just walk into the court and demand to show the footage?
    You should have showed the film to the cops when you spoke to them... Why didn't you?
     
  3. Sproutsx3

    Sproutsx3 Well-Known Member

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    Are you familiar with domestic abuse? Woman don't always run if it hasn't proven to be a good option prior. I did say it was his third flip. The first time he flipped bigger because I left. And I haven't given any details of what the other flips entailed.

    I wanted to calm him down. I was hoping he would settle. I don't like conflict, I avoid or minimise. He is my second domestic abuse relationship. My first went for 18 years, hence my fear but not known what to do for the best in the moment.

    Provoke him I wasn't. Needing proof, I was.

    Obviously I haven't placed the whole saga here as it would be a book, just enough for my questions.

    He drove to KFC intoxicated, which is when I decided to take a full sleeping tablet, not my half prescribed, to be hopefully forced sleep when he got back. Idea, if I'm asleep he can't do this and hopefully all will disappear and he will be in a more reasonable mood the next day.

    When he got back he came in bedroom and demanded I get tea. This was 45 minutes before he hit me.

    He lied so much to police, the road was difficult. This part to explain would take pages and pages.

    But to cut it short. I proved two of his lies. He said I was drunk, I had one wine. I demanded breath testing to prove his first lie. He told them I have mental health issues, there are no records to support this medically. He told them I was an overnight guest, it took a week to supply proof otherwise, but I did this.

    I have proven two lies already.

    I immediately told police of the videos. They know. And knew from the onset. I haven't hidden anything. When you are telling the truth you don't have to hide anything.

    The problem is, he knows people. I don't.

    He assaulted a man with a cricket bat 2007 and was questioned by police but never charged as he knew the prosecutor and rang him for advice on avoiding charges. His own words, supported by his exfiance who was present at the time back then.

    He's a devious man. Have you heard of 'gaslighting'? This is his specialty.

    I did not touch him. Did not provoke?
     
  4. Sproutsx3

    Sproutsx3 Well-Known Member

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    Additionally. I said I didn't hold it to video, scared to provoke him. I laid my phone on a flat surface to record how he was, which is what he always denies after saying I'm a mental case.

    Regardless. Regardless of his lies to resonate this, he made the choice to punch me. He didn't have my consent to do this. I didn't make him. He chose to.
     
  5. Sproutsx3

    Sproutsx3 Well-Known Member

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    Finally Sammy, I spoke with his exfiance a week after he assaulted me. Never spoke to her ever before.

    You didn't read my post properly, you have merely hammered me with your view I provoked it. Did you ever think for one moment I didn't? I adored this guy. Blind I know, and I can't pick a good man.

    His exfiance was also from prior domestic abuse so maybe he picks well to suit his cause because we are such good people he can hoodwink us.
     
  6. sammy01

    sammy01 Well-Known Member

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    Now go make a nice cuppa and sit back down.

    I agree, women don't always run. True.... They don't always film either...

    I gave you advice, took time out of my day. I agree DV is a scourge on society... This is a law forum, I showed you what could happen, how a solicitor could mainulate your choice to film.

    Just so you know, if you'd have gone to the cops without the video, he would have been charged. So no need to film..

    I read your post properly, you responded to my reply irrationaly... But that is ok, you're going through a rough time... I am not... Lucky me right now... But if you read my response calmly with a nice cuppa tea, you might just understand that none of my response was an attack. It was good meaning advice, so sip your tea and read it slowly. I showed you what HIS solicitor is likely to do with the videos if you submit them as 'evidence'. So I repeat my advice, Do nothing with the recordings. How is your tea?\

    Wish ya well.
     
  7. Sproutsx3

    Sproutsx3 Well-Known Member

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    Yes. I understand your point that his lawyer can manipulate, lawyers aren't there to deal with truth, they are there to win for their clients. Sad truth. At the cost of a good person doesn't matter to them.

    People film everything as proof these days, and if I learnt nothing from my first, I learnt that people lie always and you need proof so film.

    Shops have cameras to film theft as proof for stealing. It's really no different.

    I got your point but it wasn't necessary to be condescending getting it across. People can treat people kindly. It's a choice.
     
  8. Sproutsx3

    Sproutsx3 Well-Known Member

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    People film a man getting attacked in a street, branded a hero for capturing the saga.

    Police videod doing the wrong thing.

    Surveillance cameras catch workers abusing in aged care.

    Surveillance catches a child being abused.

    The whole world cries out.

    Females living with liars and manipulaters film for their proof and the stance is taken she must have been provoking it.

    Wow. Backwards or what. How sad that that's the first thought. I guess it's this attitude that still makes it the most unreported crime, and for good reason.

    I too wish I had never reported him. He warned me. So I am abused for being abused. Not fun.

    In a world full of liars I don't know why it's such a questionable thing. I won't apologize for being sensitive with this. If you haven't lived and survived domestic abuse then you have absolutely no idea the devastation.
     
  9. sammy01

    sammy01 Well-Known Member

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    Look you came here, asked a question. You seemed to think you can walk into court and show your evidence. You cant. If you want, go show it to the cops. You say they were not interested... Surely that is the end of the section..... lets be clear here, you said you asked the cops if they wanted to look at the film. They said no right? U'm so why not let it go? Go on I'm keen on an answer?


    Show it the the police prosecutor if you like, they could pervieve your actions as entrapment. And drop the charges.

    So lots of people film lots of stuff for lots of reasons. True. Now I don't know you from a bar of soap. Maybe you did entrap him. Maybe you didn't - but I can see how it could be percieved that way and I politely suggested you don't bother with the video... And you attacked me.

    So let me give you the between hospitals, shopping malls and YOU. - Surveillance cameras are in places like shopping malls and when they are their is always a sign that states WARNING surveilance cameras in use. WHY - because it is unlawful to film someone without their permission. I'm guessing you didn't tell him you were filming. This is a law forum, you came looking for advice I gave you advice and you attacked me for it. The fact is, you could have broken the law in filming him and that is why the cops didn't want to see it. Again giving you good advice, no need to say thank you of course, nope not you???

    And yes - i Lived and survived domestic violence... Never thought to film it though because I was to scared at the time to think of such things.
    Again, to make sure I've made my point. You came here looking for advice, I provided good opinion with my understanding of the law. You did not thank me, you attacked me... U'm, I've noticed no one else who visits this forum has provided you with any advice?
     
    #9 sammy01, 15 July 2018 at 8:01 AM
    Last edited: 15 July 2018 at 8:08 AM
  10. Sproutsx3

    Sproutsx3 Well-Known Member

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    Take a breath, have w nice cuppa.

    Yes I did say I would record him. Attacking you .I'm just responding, how about you stop and let someone else reply.

    Enjoy your cuppa
     
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