AIBU to think this judge is a misogynst and he should be in jail?

[FindTheTruth]

Jamie Read, 31, attacked her so ferociously she thought she was going to die. She's suffered night terrors since and is living a daily sentence. But he's not got a sentence in jail.

more here
She begged Read to leave. When she called his mother, he flew into his violent rage, grabbed her throat and squeezed her so hard, she was barely able to breathe. He said he was going to kick her teeth in as he was strangling her."Mr Read then threw her back causing her to hit her head on a wall. She saw him take six steps back before lunging at her and kicking her in the face with the sole of his trainer. He repeated this twice more."

Judge "John Trevaskis said Read wouldn’t get the rehabilitative help he needed to address his issues in prison." Instead he's got a restraining order and must attend a building better relationships programme and a 20-day rehabilitation activity.

Other victims say these programmes make no difference. One abuser has been on 5 of these 'programmes' and he still strangles and batters women.

AIBU to think this judge is a misogynst? That he's putting the mans needs first? and that her attacker should be in jail?

Just to clarify...AIBU to think this judge is a misogynst and the attacker should be in jail?

What's shocking is that we expect it now.
Men, government, police all pay lip service to dealing with domestic violence.
In reality it's still just a domestic.'

Women remain second class citizens.

I am presuming part of the issues is that our prisons are chronically underfunded (thanks Tories…) and as such individual Judges need to make tough decisions.

I don’t think potentially having a go at an individual judge is Amy help whatsoever. You should be criticising the system.

I agree the sentence is inadequate - I don't know that it's the judge's fault, though, as they have guidelines they have to follow - they can't just hand out jail sentences without some kind of precedent.

I agree. But then I'm not overly focused on rehabilitation and certainly not into the everyone is nice if given the opportunities and the resources to change.

However we do need consistency and judges do need to follow the law and I am wary on passing comment as I don't know the full law here and previous precedents in law.

100% agree we should criticise the system. Rachel Williams campaigns tirelessly against the flawed system, it's effect on survivors, and issues with sentencing and the unbelievable attitudes of some judges to victims twitter.com/Dontlookback198

I disagree we shouldn't criticise this sentence, my sense is that this is misogyny, conscious or unconscious, when the judge puts the man first. he should be punished with a jail sentence for what he did to her.

He could have been given a prison sentence, court was not limited. It was a suspended sentence which means custody was felt appropriate but presumably suspended it was felt there was a reasonable chance of rehabilitation - a view which would be influenced by a pre sentence report.

He should have been charged with attempted murder, kicking to the head can definitely be considered to be that.

When you weight up the punishment of the jail term given to violent criminals with the punishment/emotional and physical received by the victim, virtually all jail terms are inadequate and do not give “justice”. Which would be slightly more palatable if the British justice system was effective at rehabilitation and preventing repeat offenders. It isn’t in the slightest. Politicians don’t really care about this monumental failure because they and their families live in safe affluent areas.

I don't think that you can cure domestic abusers and make them into decent human beings. There might be a rare few who would change, but overall the success rate would be negligible.

It's another case of lack of resources and being seen to do something while effectively doing nothing.

Justice for women is hard fought and almost impossible to achieve. I would love to see that change, but I'm also pessimistic about that ever happening. The money isn't there and even the will to act seems mostly absent.

Jail (very) rarely rehabilitates, and more often increases offending. Wherever your position on prison sits, I don’t think anyone can argue the benefit to public safety is important.

Sentencing is set by the government. The judge has to apply the rules set or run the risk of the offender successfully appealing. Within the scope of the guidelines, his sentencing was appropriate for the physical injuries she suffered. That’s also not taking into consideration any mitigating circumstances which we may not be privy to.

Psychological injuries are not given nearly enough focus in the justice system. It’s this I would like to see change.

@FindTheTruth

100% agree we should criticise the system. Rachel Williams campaigns tirelessly against the flawed system, it's effect on survivors, and issues with sentencing and the unbelievable attitudes of some judges to victims twitter.com/Dontlookback198

I disagree we shouldn't criticise this sentence, my sense is that this is misogyny, conscious or unconscious, when the judge puts the man first. he should be punished with a jail sentence for what he did to her.

Yes he should. I agree with all of this.

With covid 90% of people with any kind of programme requirement haven’t actually had to do it. Group programmes couldn’t be held during lockdowns, waiting lists are long and places are few. And those 20 rehabilitation “days”. The reality is that’s 20 x 10minute phone calls. Once the time frame of the suspended sentence or community order is over (12/18 or 24 months) a person no longer has to do the things they were ordered to. Prisons are full but people aren’t having to do any requirements from community sentences either right now. So effectively you have thousands of people whose only “punishment” has been a handful of phone calls.

The entire system was crumbling pre covid, and now it’s barely functioning. The problems go way beyond individual cases.

Judges are subject to quite strict sentencing guidelines, and also obviously have available to them a hell of a lot more information than is ever given out in newspapers. I wouldn't make any judgments about the personal views of an individual judge on the basis of a report like this.

I'm always conscious that in sentencing decisions there can be factors which are not made public.

However on the face of it this is really concerning - not least because strangulation is a huge risk indicator. A woman who is non-fatally strangled is statistically at greater risk of being murdered by her abuser in the future.

I would hope that there are eligibility criteria for these workshops, because it would make sense that if an abuser's behaviour breached those parameters then they should not be sent on them - and instead receive a custodial sentence. Strangulation should be an automatic 'fail' because of the seriousness of the risk attached to it.

And those 20 rehabilitation “days”. The reality is that’s 20 x 10minute phone calls

So effectively you have thousands of people whose only “punishment” has been a handful of phone calls.

My God 🙄. 10 minute phone calls don't rehabilitate someone 😩. The whole system needs an overhaul with input from people who understand and know the signals, red flags and dangers. Like Dr Jane Monkton Smith. No all people reach step 8 homicide. But for every woman murdered there are thousands more in one of the earlier stages. For the next woman in a relationship with Jamie Read, she needs to know about stage 1 - pre-relationship history

@Jangle33

I am presuming part of the issues is that our prisons are chronically underfunded (thanks Tories…) and as such individual Judges need to make tough decisions.

I don’t think potentially having a go at an individual judge is Amy help whatsoever. You should be criticising the system.

You obviously have never been to court as the victim of DV 🤬🤬

The system is utterly broken

When I first reported my abuser a very kind liaison officer warned me against taking it forward
I can now see why she did that

Awful and it is getting out of control

No children involved in this case thankfully. I've heard it's bad in the family courts too. Natalie Page, founder of #thecourtsaid campaign supports going through the family courts after domestic abuse, where abusers use the system against victims

If a subset of men were doing this to their male platonic friends, who simply didn't want to hang out anymore, they would do hard time.

Yes, it's misogyny.

sorry to hear that @Queenie6655 💐💐💐

It's horrendous

I can't fully articulate how badly we are being let down
And what are we supposed to do about it ??!!!!

YABU because the system is about prevention rather than punishment. The victim's feelings are very low on the list when it comes to deciding what the punishment should be.

Reading the article - I know the Express is hardly the most reliable of sources - it sounds like he becomes violent when drunk. If he goes to prison he'll just revert to drinking and being violent again when he gets out after a few months. The judge's idea is that if he learns not to drink and how to have healthy relationships then he won't commit this offence again in future.

If the justice system were about justice rather than rehabilitation just about everyone convicted would never be released. This guy, people who burgle houses, shoplifters - all could be given life or the death penalty if "justice" were the goal.

@FindTheTruth

100% agree we should criticise the system. Rachel Williams campaigns tirelessly against the flawed system, it's effect on survivors, and issues with sentencing and the unbelievable attitudes of some judges to victims twitter.com/Dontlookback198

I disagree we shouldn't criticise this sentence, my sense is that this is misogyny, conscious or unconscious, when the judge puts the man first. he should be punished with a jail sentence for what he did to her.

He isn't "putting the man first" from what you've written in the OP. Considering how best rehabilitation can be achieved is thinking about society as a whole. So the judge seems to be saying that he won't have access to appropriate rehabilitation schemes in prison so that's why he's opted for the punishment he has. The judge quite rightly has to consider the impact this person might have on wider society when he comes out.

Far from ideal but the judge has to consider everything taking into account what is currently available.

Judges shouldn't get to that level in their career without psychological assessments..