Showing posts with label legislation. Show all posts
Showing posts with label legislation. Show all posts

Sunday, 8 February 2009

In one week - hope of positive change

Wow, what a week it’s been post court protest! I can’t get over how much we all achieved. Local and national coverage in many newspapers, on radio and on television quoting protesters, politicians and other interested parties. This is more than I had ever dreamed possible from the protest and letter sending. To all those who supported, or were there in spirit, many thanks once again. Give yourselves a huge round of applause and congratulate yourselves for making a difference to raising the profile of rights and for a fair deal for victims of crime.

As the week progressed it just got better.
I’ve had replies to just four of the emails I sent out to the MSP’s and none from the two MP's who may feel it's not in their remit. Michael Russell MSP, Dr Elaine Murray MSP and through the week to Christina McKelvie MSP deserve enormous pats on the back for their support and for understanding how crazy this situation is and mostly, for being proactive. Michael Russell sent me a copy of a letter he’s sent to Kenny MacAskill, the Justice Minister. It was short and straight talking and he didn’t hold back. It packed a real punch about this whole crazy affair of so much help given to convicted perpetrators who commit horrible crimes. Thanks to Michael Russell.

It’s interesting how from just one incensed survivor things get passed on and are taken up to hopefully engender change for those who will sadly follow. It feels like the trundling stone has started to hurtle down a steep hill this week. I hope this continues.

I also sent a copy of my missive that went to politicians to Rape Crisis Scotland. They asked if it was OK to circulate it to all their centres. I gave a very positive, ‘yes please!’ From that, the Lanarkshire Rape Crisis Centre, similarly incensed, picked up on it and made contact with Christina McKelvie, MSP. Thanks to Anne at Lanarkshire RCC and to Christina. The stone gathering even more pace resulted in Christina asking a question in the Scottish Parliament on Tuesday. She made specific reference to the Carruthers case. The result was a statement from the Justice Minister on Thursday 5th February. This is the press release:

NEWSDESKS
POLITICAL / JUSTICE CORRESPONDENTS
LEGAL AID CONCERN RAISED IN PARLIAMENT
MACASKILL TO RAISE RAPIST LEGAL AID CASE

Justice Secretary Kenny MacAskill today confirmed he will raise the issue of legal aid being supplied to a policeman who has been convicted of rape with the Scottish Legal Aid Board.
Mr MacAskill made the commitment in answer to questions from SNP MSP Christina McKelvie after it was revealed that former Policeman Adam Carruthers who had part of his pension withdrawn by the police authority after being convicted of rape has received legal aid to pursue his case to have his pension restored.
Speaking after she questioned Mr MacAskill in the Scottish Parliament Central Scotland MSP Ms McKelvie said;
“I welcome the Cabinet Secretary’s commitment to raise this issue with the Legal Aid Board.
“I agree with the Justice Secretary that Legal Aid must primarily help the victim – not convicted perpetrators.
“Though there will always be issues around human rights legislation when it comes to legal aid this case has caused significant concerns and I hope the Legal Aid Board will consider whether the criteria they apply are the right ones.
“Legal Aid is a complicated issue and everyone is entitled to their defence – but it beggars belief that someone who has been convicted of rape whilst on duty as a policeman should receive legal aid to sue for their police pension.”ENDS


The last sentence is of particular significance in this case and from my position as just one of the Carruthers victims. The statement has received mass coverage in local and national media. I had contact from the press asking me how I felt about the statement. I find this, for a change, extremely empowering. If you are reading this as one affected by the heinous actions of Carruthers - I hope you do too. For me it has made the efforts of the last couple of weeks so worthwhile to endeavour to get a level playing field. It's made me think there is a possibility that victims might just get the same rights as perpetrators - the sooner the better.

What a difference a week makes!

Friday, 9 January 2009

Rape - a pensionable occupation

As you probably know from previous posts Adam Carruthers, ex-senior police officer and convicted serial rapist and sex offender has taken his previous employers, Dumfries and Galloway Council to court for the re-instatement of his whole pension. At the moment he is only entitled to the money he paid in whilst a cop, roughly 35% or around £6,000 p.a.

From one of my readers:

"Read your blog and noted my comment......hope it helps a little........Carrying on in the same vein.........I know it is a common mistake to confuse the law with justice, however, it would add insult to injury if the sheriff ruled in favour of Carruthers...........It would make rape a pensionable occupation........I hope they realise that.....How sick would that be?"

I quite agree and many thanks for your comments. It would be extremely sick. This is an insult to his many victims, not to mention the whole process of getting justice through the Scottish legal system.

It's interesting that one could already assume the Scottish Legal Aid Board (SLAB) considers that rape and serious sexual offences, such as the ones committed by ex-cop Carruthers when he was on duty qualifies him for his entire pension ......thus making rape a pensionable occupation. Why assume this? I understand the SLAB have made up to £100,000 of legal aid available to Carruthers to fight this pension case.

I continue to throw my hands up in horror at the treatment of victims of serious crime and our justice system; and now also for the people who pay council tax and income tax. We know this money could be better spent - helping the cash-stapped rape crisis centres would be a very good way for starters. They really do save lives, yet Carruthers is claiming 'family hardship.' The pension cut Carruthers got was due to his own choice of heinous actions against many women, some of whom took their own life and others who tried to as a result of his sick crimes.

Remember, Carruthers lost his original criminal trial case, lost his criminal appeal against rape and indecent assault convictions and lost his two attempts to have his conviction quashed through Scottish Criminal Cases Review Commission. Surely that speaks volumes?

The conviction rate for rapes reported to the police in Scotland is a pitiful 2.9% of all cases. That says a lot about our criminal justice system, serial sex offenders like Carruthers and the treatment of victims through the process of getting justice.

This pension case returns to Dumfries Sheriff Court on 29th January. There are many people who have contacted me who will be there on the 29th January to protest against the misuse of public money for the financial gain of convicted sex offenders. Perhaps you might wish to join them?

Wednesday, 19 November 2008

Compounding errors

There’s been a lot of activity in the press on the subject of convicted rape cop Adam Carruthers in the last few days. On Friday of last week, the Daily Record published a piece about how Carruthers, in a job application, said he left the police force "due to issues out with my control." It seems this man won’t tell the truth and won’t accept that he is a serial sex offender who has serious behavioural problems which eventually, thankfully culminated in his prison sentence and now, sadly, his automatic release from prison under licence.

On Saturday the Daily Record printed an article about this blog. I didn’t see either of these articles in print, but as usual, accessed my news online. It’s the way I get most of my news. Using online news facilities means I don’t have to go out and face the world when I don’t feel up to it, which is most of the time.

Today the Dumfries and Galloway Standard have printed a piece about the blog and the use of tax payers money that Carruthers has at his disposal to fight for his full pension. Such a horrible event for all of his many victims who I think may all come from D&G. Many of them, like me, will be council tax payers.

So compound errors? Carruthers obviously still won’t accept responsibility for his crimes, which continues to leave him as a serious danger and risk to the public and to any community he frequents. The articles in the press state that "I have waived my right to anonymity." Well that is only 'sort of,' in that I allowed my photograph to be taken for articles at the time of the release of Carruthers with strict conditions on their use, or lack of use in the future. I’ve given a name too, but no more than that. Why? I’ve not done anything wrong, I’ve nothing to be ashamed of in what somebody decided to do to me. One important thing I do have to consider is the effect on my family; once again this is a difficult time for them in so many ways.

A rape victim has all control taken from them at the time of an attack. If they report to the police and pursue the attack through the courts, then control is continually lost as the process and the courts dictate procedures .......and so it goes on. Keeping control is a really important issue for most victims of rape and serious sexual assaults. Hence my mixed feelings about the 'balance' in the reporting of some issues I’ve raised in this blog. Journalists, like many writers, might only take edited portions of words said or words printed. Sadly this doesn’t always give the full picture or errors are either compounded by a lack of research or repeating errors previously made.

Why am I feeling slightly aggrieved about this? Because, importantly, the decent people who are tax payers are losers in money dished out by the Legal Aid Board, so are the many victims in the issues raised by Carruthers constant attempts to say “I didn’t do it,” “I want my full pension,” and “I want compensation for having to slop out in prison.” I would argue that when he committed the crimes, he of all people knew what the consequences of getting caught would be.
So far Carruthers has already used over £110,000 of tax payers’ money given from legal aid. Now he has been given up to another £100,000 to fight for his full pension and apparently he’s got yet another application in the pipeline for yet more legal issues he wishes to pursue.

When is the line drawn? It doesn’t seem to be with this man and he’s simply 'playing the system' we have in place. There is just one thick line for the victims with just one chance to give your evidence in court and coping with that was extremely hard with your attacker sitting close by in the dock. Is this constant pursuit against ‘unwelcome decisions’ by a criminal just and respectful for the law abiding citizens, tax payers and council tax payers? How this money could be put to much better use. The rape crisis centres would be extremely grateful for a fraction of this amount of money as they try to work on shoestring budgets and they save lives - the lives of victims like me.

Thankfully many aspects of the investigation and court process are changing from the time when the Carruthers case went to court and there is good news on that front. Forty of the fifty recommendations made in the “Review of the Investigation and Prosecution of Sexual Offences in Scotland,” published by the Crown Office and Procurator Fiscal Service in June 2006 have been implemented.

The use tax payers money for legal aid for criminals chasing the things they lost the right to by committing crimes is something that I urge you to consider carefully and to pursue with your MSP if you also think it is not a fair system when a convicted criminal can’t seem to get the answers he apparently desires, no matter how many times he might try.
Now, where and when is that line going to be drawn?

Saturday, 11 October 2008

Good tax payers money - some of this yours?

It's hard, if not incredible to believe that the Legal Aid Board for Scotland have granted serial sex offender Adam Carruthers yet more money, up to £100,000, to fight his way through yet another legal process to endeavour to regain the whole of his police pension from Dumfries and Galloway Council (his ex-employers) who sacked him after the court case and misconduct inquiries which found him guilty of serious crimes and dereliction of duty on numerous occasions. The Council reduced his right to a full pension and have only granted Carruthers the right to have a pension which equates to the money he paid actually into it. This will give him around £6,000 a year. The Council can not take this money from him as he paid it in to his pension fund.

So let's give just a wee bit of thought to this latest decision.
1. In the lenghty Lothian and Borders Police inquiry Carruthers was found to have stalked, attacked, raped 38 women - to my knowledge he carried out all of these incidents whilst on duty.
2. I was attacked in my own home at 4 o'clock in the afternoon when Carruthers was on duty, in uniform and he arrived at my house in a marked police vehicle. Ironically my own council tax helped to fund his attack against me.
3. The court heard that Ms X was repeatedly raped by Carruthers and, like myself and several of his victims, she also attempted suicide. It has now been reported that two of his victims did sucessfully commit suicide.
4. The day Ms X came home it was Carruthers who told her husband to take their young son out of the house so that he could speak to Ms X and take her statement. He then RAPED her again in what must have been the most horrendous ordeal at a time when she was at her most vulnerable. An ordeal that must be very hard for her husband and their now grown up son to come to terms with.
5. Another victim was stalked whilst she lived in Langholm and this happened whilst Carruthers was on duty. Her case was featured in the BBC Frontline Scotland programme.
6. Carruthers offending behaviour is known to have taken place over a 20 year period - 20 years when he was not doing his duty as a police officer in protecting the public and endeavouring to reduce or stop crime in his local patch. Earlier in his career, as a constable, he was censured for sexual misconduct and yet incredibly he still rose to the rank of police inspector before he was finally suspended from duty and subsequently imprisoned and became renowned as one of Scotland's most prolific sex offenders.

These are just a few points that this incredulous decision of giving a convicted serial rapist even more tax payers money raises.

Who really pays for Carruthers' action against D&G Council as his previous employer?
1. The tax payer in Legal Aid fees. That is you if you pay income tax. His legal aid bill already tops £110,000 - a phenomenal amount of money that some of your income tax has been used for.
2. The Council tax payers of Dumfries and Galloway, an area where many of his victims still reside, will pay through their local council tax in fighting the action and, heaven forbid Carruthers wins his case, they then have to pay more of their council tax money towards his pension which one can certainly argue he doesn't deserve.
3. Yet more trauma is added to his many victims by yet more actions of this man who so abused his power as a policeman one questions how could he even be considered to be worthy of his full pension after what he did to so many women?
4. How can a man who quite obviously did not uphold his police oath or do his duty in serving the local community be worthy of a full pension?

So let's think why Carruthers is taking this legal action.
1. He appears to have absolutely nothing to lose as under current legislation he is legitimately using tax payers money to fight his case. It isn't costing him anything. That is the system we have and we haven't tried to change .....yet.
2. Despite being a convicted sex offender who has lost his appeals against convictions of rape and indecent assaults, the legal system works in his favour and is actually aiding his continued legal actions on any front he appears to see fit.
3. He has everything to gain if he were to win his case and regain his right to a full police pension which would give him a pension of around £17,000 per annum.

What about the victims? This gives a different perspective.
The Criminal Injuries tariff for being raped at the time Carruthers was found guilty was £7,500. If a victim put in a claim for more than one serious injury, as I did, which included permanent psychological damage which requires prolonged pscyhiatric treatment (for post traumatic stress disorder and depression), then the tariff for the rape was reduced to only 10% of that £7,500 ....yes that was a mere £750 compensation for being raped in my own home mid afternoon by a police sergeant on duty paid for by our council tax. The mental scars still remain and that tariff for psychological damage was £20,000 at that time. I remain on 23 prescribed medicines a day, as I have done for many, many years I still have to see health professionals on a frequent basis for the effects of the physical and mental injuries of his attack.

When you put all this in perspective it's not hard for any reasonable person to realise that the income tax and council tax payers are losers and the victims are also the losers physically, mentally and financially. Sadly the memories of these crimes do not fade with time ....you just have to try to learn how to deal with them day by day ...or as was sadly the case with some of Carruthers victims, give up in despair, take your own life rather than try to live with the memories of his actions and also not be believed by his fellow police officers to whom you reported.

As you have read this blog entry I really hope these points raise some searching questions in your minds.
Why is this happening and have we, as a society accepted this system as is? Huge sums of money are paid to serial sex ofenders who have served minimal time in prison and now have everything to gain in financial terms by taking out such actions.
Why do decent people let it happen? May be they don't realise?
Do decent people know the system we have in this country is firmly biased towards the perpetrators?
Why isn't this level of (legal aid) money instead spent on the important (often voluntary) agencies who have to pick up the many pieces and the debris from the shattered lives of the many victims of such heinous crimes? My local rape crisis centre quite literally saved my life yet they work on a shoe string budget and struggle to provide a region-wide service which I, like other survivors know really does save lives.

These are all points that I am raising with MSP's, victims groups and other agencies. Will you raise them too?
I don't want to pay a penny more in council tax to a serial sex offender like Adam Carruthers who has been responsible for the deaths of women and for mulitple traumas to women when it was his paid duty to care and protect them. As a special constable I happily worked many hours each week as a volunteer. In executing my duties I took all the same responsibilties and risks as any paid police officer does. This is not something that I regret. I only regret that I ever met Adam Carruthers and I regret to have discovered that many decent citizens are badly let down by the social and justice systems in our country.

It wouldn't be easy, but if asked, I will stand up in the court yet again and give evidence as to how my council tax was used to pay for a police officer in the employment of D&G Council to abuse, degrade and rape me. I would do this because I believe it is the right thing to do. Serial sex offenders, like any other offender, should not benefit or profit from their crimes. Carruthers made a decision every time he atacked a women and he alone is responsible for all that entails ....including losing his right to a full pension.

"All it takes for evil to succeed is for good men to do nothing."

Tuesday, 23 September 2008

Is this really consultation?

On 1st September 2008 a consultation document was launched by the Scottish Government:
"SENTENCING GUIDELINES AND A SCOTTISH SENTENCING COUNCIL,
CONSULTATION AND PROPOSALS"
How did I find out about it? It was pure luck. Some time ago I decided to subscribe to the weekly round up of the SG consultations that comes by email. I do read this each week, and there it was, glaring out at me at the very time one of the most devious, dangerous and unrepentant men in Scotland was to be released from prison after just over 7 years inside for the most horrendous crimes and showing a complete abuse of power.
This consultation process – is it advertised other than online? If people who might well wish to comment are not Internet users then how do they find out what is up for consultation? Even if you are an Internet user, will you find this document easily? I think not. This is really important information that might well make such a difference in the most serious criminal cases. I asked Marcello Mega my journalist friend about it. He didn’t know this particular consultation process was ongoing. That only showed me how badly advertised these critical documents are advertised.
So what about the SG consultation process I ask myself? How can the population consult these guidelines and proposals in the documents and make responses by the cut off date if they don’t even know they exist? Is that right? Does it just pay lip service to the notion of real participation in a democracy?
I had an example quoted to me when one such document was spoken about after the consultation process. A journalist asked the Justice Minister, “and how many people responded to the consultation process.” Apparently the Minister said he didn’t know, looked to his civil servant aid. She procrastinated a fair bit, didn’t want to give an exact figure but said, “but it was advertised on our website on the Internet.” That is not a consultation process in my book. It’s more like a chance encounter.
So now you do know about this. The cut off date for responses for this particular consulation is 21st November 2008. The whole document and details of how you can respond is in .pdf format, available for you to read online and can be found at:
http://www.scotland.gov.uk/Consultations/Current
There it sits with many more interesting subjects that are currently “out for the consultation process.” I’d be most interested to know the average number of responses to any of these consultation documents from the general public who, after all are served by government.
I shall not only be making a submission in response by 21/11/08 but I shall also let my MSP know that this seems a very unfair way of making the electorate aware of how to have a say in what happens in critically important issues in society.

Thursday, 18 September 2008

Are you one?

I've been pondering about a comment left on my blog the other day by a woman who was also raped by Carruthers. I realise the amount of emotional outrage and stirring that will inevitably have been caused by the release of Carruthers from such a short time in prison, especially considering the nature of his crimes.

I don't know if you're the one who left the comment and perhaps you'll read this entry if you're following my blog. Whatever, please don't think you're alone. I'm sorry it happened to you too. I bottled it all up for so long, telling nobody. Bottled so much I could have got a job with Guinness, but the result has not been good for my mental health. That bottling, telling nobody (not helped by a string of other horrendous things in a short space of time) led to the chronic level of PTSD that I now have.

If you are a Carruthers victim and you're not coping with what's going on at the moment please speak to somebody if you feel able. Doesn't matter who - a trusted friend, the local rape crisis service, the lovely woman at the head of the Offender Mangament Unit of D&G Constabulary who has been so helpful to me about the release of that scumbag. Just please don't think you're alone with the burden of the memories of what that man did to you and to so many other women. I know you'll be understood and believed. That issue of belief is one of the worst things about sexual crimes. "How can I prove it?" Do take some courage in that it was proved and Carruthers was found guilty, did go to prison, albeit for not very long considering the nature of his crimes. He is a registered sex offender for life. He was found to have committed his crimes over a 20 year period - perhaps it was longer?

There have to be changes to the legislation and the way the legal system deal with these crimes and I'm really fighting for that, so much so that I gave up my image that was precious to me. If you believe in these changes being necessary too, do please leave me a comment - it could be done anonymously, it's up to you, just a show of support would be great.

Decent people do care about their fellow woman/man. Nobody deserves to be abused and in this case the use of a police uniform by Carruthers made it all so much worse. Help me to fight on and do make some noise, even if it's just a squeak!

Monday, 15 September 2008

Day after publication

My back is utterly revolting again today. I suppose the house move alone was bound to take it's toll even though I've done very little physically. It ends up as another reminder of that dreadful day in October 96 that haunts me in all sorts of ways. A bad back always triggers more flashbacks too which one of the horrible sides to chronic PTSD. Flashbacks are such a pain and I'd do anything other than relive that life-changing day over and over again in glorious technicolour. As I know after years of so many doctors, consultants, specialists and experts, there are no solutions to my PTSD and so it's get on with it and keep taking the tablets. Mental health services have been a let down with being unable to help me that I now don't bother to say much as there is nothing positive that they seem to be able to do for me.
As you gather, I feel utterly drained and really quite down today and I've not been able to achieve much. Certainly not the list I'd made up last night. I try to do lists so I don't drift and lose my place with the things that need to be done. It's ordinary day-to-day living, but that doesn't always come easily for me after the assaults. Pain is never a good companion and the Tramadol pills and anti-inflammatory pills just aren't really touching the pain at the moment. My back is going into spasm frequently today and that is certainly not much fun.
All of this isn't what I'd expected today, but last week was a really busy one for me with the usual crop of medics to see and then the news articles to do ....not to mention the not so small matter of the release day of that devious and disgusting serial sex offender Carruthers on Friday.
I have to realise that I don't have masses of energy like I used to have, but this does irritate me and I get incredibly frustrated by not being able to keep going. Aye, I know, I shouldn't complain as there are sadly always others far worse off. I just 'don't do' the frustration issue very well.
Emails of support from the newspaper articles have been much appreciated and perhaps I might get some momentum behind the issue of serious sexual offences being treated as such by the government and the legislators of the future and even perhaps a change with those who deal with the perpetrators of these crimes who so often fail the victims. Am I dreaming on this one?
Victims of these very serious crimes are so often forgotten and yet they are the ones who really go through it, as do their families. Take the case of Ms X in the Carruthers trial. I was horrified when I found out what he'd done to her and how he'd duped her husband so he could rape her yet again. I honestly don't know how they might ever come to terms with that.
I seriously hope I'm not dreaming on achieving positive change as it really does matter to me that people who have been hurt, those driven to contemplate or those who have committed suicide because of heinous crimes have not suffered in vain. It also matters to me that the risk is minimised for the future and women are kept as safe as possible from the rapists and sex offenders - especially those who commit their crimes by abusing their power.