Showing posts with label Abuse. Show all posts
Showing posts with label Abuse. Show all posts

Wednesday, 25 March 2015

Homophobia and Human Rights

 
Picture Credit: Scotsman / Edinburgh Evening News

 

In the summer of 2014, my partner and I, left our home of 7 years.

After a sustained period of homophobic vandalism and abuse, from local young people and other adults, we'd had enough. 

 

It is only now, having settled down into a new life, in a new home and and, in a new City, that I can write about the experience.  


At the time of the Glasgow 2014 Commonwealth Games, I received a disturbing call from my partner.  He explained that a group of young people were giving him homophobic abuse in the street.  Later that week, he rang me again, this time distressed because his parent's car had it's windscreen smashed in.

I returned home, having finished up my volunteer run at the Games, only to find more abuse laying in wait.  This time, our home had been targeted by a projectile of some sort.  It had impacted the front door and was loud enough to be heard in every room of the house.

I ran outside to find the group gathered in the street, acting as if nothing had happened.

I started filming, expecting trouble.  I was not wrong, and I was ever grateful for the invention of the camera phone.

"Oi, you. Why are you filming us!", 

"Are you some kinda peedo or something?"


Then, one of the youths, removed his trousers and, bore his backside to me.

"Do you wanna beast me?"


To be graphic about it, this lad was asking me, if I wanted to have sexual intercourse with him, notwithstanding that he was only around 12 or 13.

It was then that the "adults", and yes, it is a deliberate use of speech marks, joined in.

One shouted from across her balcony, that I'd been filming the kids to warn other parents.

Another adult emerged from the property across the street.  He had covered his face and head with a hood.  He began shouting;

"beast, beast, beast".  


Now, for the sake of brevity, I will not go into every detail.  Suffice to say, in the days and weeks that followed, we had to call the Police on 20 occasions.

Eventually, some of the youths succeeded in smashing our bedroom window.

My partner was trying to sleep.

Can you imagine how scarey it is to experience a window shatter above your head at night?

 

Police Assistance

The local police at Drylaw Police Station were extremely supportive.

Within a few days, they had identified most of the young people involved and they were charged.

The only difficulty here, was that because the young people were all under the age of 16, they were entitled to anonymity.

They could not be arrested, or locked up, or sent before a Sheriff (judge), remanded in custody or have any of the other protective measures taken against them.

They continued their pattern of abuse and they knew they could, and would, get away with it.

All the police could do would be round them up, disperse the group, return the children to their parents and charge them.  The criminal justice file would then be passed onto the Children's Hearings System (Juvenile Justice).

I kept asking everyone, how is this fair?

I kept receiving the response, it is not fair, but there is nothing else that we can do.

 

Local Authority Assistance

The City of Edinburgh Council, seemed ambivalent to our plight.

We had previously contacted the local community safety team, and not heard anything back.

Again, we tried in vain to obtain immediate redress.

Again, telephone calls, emails and police requests for assistance went unanswered.

At a later stage, I did have a sit down with two social workers who were in charge of the welfare of one of the boys involved.  This conversation was helpful as it them kick started other measures.

 

Civil Remedies

As a Solicitor, I was aware that we were entitled to a civil remedy.  This is basic and fundamental human right.

However, the lack of information from the criminal justice system and the local authority made it impossible to take any form of legal action.

We were not allowed to know the identities of the young people, of any witnesses, nor allowed to see any documents, such as witness statements.

I tried at least 4 times to go into Court with what we had, however the processes involved, together with the lack of assistance, thwarted every effort.

 

The Future

We've now moved on, and are looking to our future together.

We are considering adopting children and have just adopted a new rescue cat.

Our new home, is safe and secure.  Our neighbours are great.

I will not stop my campaigning on either equality and human rights issues either.  I know, from this personal experience, why it's so important to have someone around to both question and challenge.

I am spurred on and undeterred.   

Never let it be said that there is no nastiness left in the world, nor that there is no need for "all these human rights".

The law is there for a reason, I only wish our public authorities were better able to enforce it.   
   

Tuesday, 12 August 2014

Hate Crime Laws Are Not Working - An Open Letter


Stonewall Scotland's Poster Campaign


An Open Letter to;
Kenny MacAskill MSP, Scottish Justice Secretary,

Lord Advocate, Frank Mulholland QC,

The Chief Constable of Police Scotland, Stephen House,

The Equality and Human Rights Commission and 
The Scottish Human Rights Commission,

12 August 2014

Dear Sirs,

Ineffective Protections against Hate Crime

My Partner and I are on the receiving end of vicious Hate Crime, because of our sexual orientation. 

I had been lead to believe that the criminal justice system would protect both my Partner and myself from Hate Crime.  However, despite the grand standing that took place, heralding the introduction of Hate Crime legislation, by the Scottish Government, the Equality and Human Rights Commission and others, the law is a dud. 

The reasons for this; first, the perpetrators of the Hate Crime are all under the age of 16, and are classified as Children, and second, there is no effective monitoring of how the law protects victims of Hate Crime, allowing solutions to this problem to have been identified. 

I have been branded a “Peedo” and a “Beast” in front of my own home.  Our car windscreen has been smashed in.  Stones, bricks and other missiles have all been thrown at our home, our property is subject to regular trespass and Children will even come as far as the front door to bang and shout abuse.  What is more disturbing, is that the Children even solicited the support of wayward adults to assist in their campaign of terror, shouting “Best, Beast, Beast” at me and my home.

The Children concerned were charged and reported (through the Children’s hearing system).  I had hoped this would out an end to it.  However, because they are under 16, they were free to continue the abuse, and to encourage others to abuse us too.  They knew they would get away with it, which is why they continued, after being charged, reported and warned about their behavior. 

I have nothing but praise for my local Police Officers, who have been very supportive.  However, they find that their hands are tied.  The Police simply do not have sufficient resources locally to be effective, despite Hate Crime being classified as a national priority.  I also note, that the Crown Office does not review the effectiveness of the legislation, and the important legal protection that the law is meant to bring. 

Additionally, public policy considerations designed to promote the rights of the Child – even if the Children concerned are perpetrators of vicious abuse – trump those of the right of the victim to seek redress.  This is deeply disappointing, because as a result, my Partner and I are left without an effective remedy and, are left to suffer further torment.

Notwithstanding our legal entitlement to protection from acts of homophobic abuse, harassment and vandalism, there is little the criminal or civil law can do to help us. 

I am a qualified Solicitor, and sought refuge in the civil law.  I attempted to obtain an Interdict, with power of arrest and non-harassment orders against our abusers.  However, even this route was blocked.  In order to take this action, I would have required the cooperation of the local Social Work department, and the Police in order to obtain the identities of the perpetrators of the abuse.  That cooperation was refused owing to “child confidentiality”. 

We also approached the local Council community safety team at the City of Edinburgh Council for help.  It is now four weeks and counting, but no response.  They have done nothing to help us, nor have they offered any support.  Yet, under the Antisocial Behaviour legislation, they could take action.  So why haven’t they?  In my view, it is down to a question of priorities, and upsetting their colleagues in either Social Work or the Housing Department is not a priority.  A local council is highly unlikely to take Court action against itself now, is it?

My partner and I, are now looking to relocate away from Edinburgh.  We have had enough.  I hope that when we move, we get to enjoy the peace and quiet in our own home, and the freedom from abuse, harassment and vandalism, that we should expect. 

I now expect you gentlemen to take decisive action, given our experience, to prevent anyone else having to endure this horrific torment. 

Yours faithfully,



 Daniel Donaldson