Wednesday, July 25, 2012

Abuse of Authority





This may be news for some people, but many of us know far too well and are quite familiar with crimes such as this. In London, Ontario, Andrew Michalski, 31, has been a force member for eleven years. He has been charged with three counts of sexual assaults involving two women between June 2011 and June of this year. 
This is an example of how people that are in a position of authority in our community abuse their status and power to bring upon sexual force. The question is, how much justice the victims actually get when the accused is someone of authority like a police officer? 


Back in 2008 in Ottawa, Stacy Bonds was walking to a friend's house when police had stopped her. Police claim that she was drinking while walking, yet no alcohol was collected by the police as evidence. Bonds was let go, and on her way out she asked why she was even stopped in the first place. Police then began what you see in this following video:






Viral video shows Bonds was restrained by officers, she was kneed, her hair pulled, forced to the ground, while her bra and shirt were cut off with scissors and she was strip searched. She was left topless in her cell, with soiled underwear for three hours. 


Sergeant Steve Desjourdy faces charges of sexual assault, but maintains the claims that he is not guilty of any crime. The case is now before the courts, and Bonds is suing Ottawa police for 1.2 million dollars. Desjourdy was assigned desk duty, but three months after the incident, he was reinstated back to Sergeant for excellent history of supervisor/leadership and references.


In March of 2011, it has been reported that 42 Division (Scarborough, Ontario) officer of 7 months, Brandon Fraser, admitted to having sex with a 14 year old boy as well as a 16 year old boy between 2009 and 2010, both whom he had met over the internet. Fraser was sentenced to 14 days in jail, one year probation, and will be registered as a sex offender for 10 years. I'm pretty sure I've heard of individuals that received a harsher sentence for more minor crimes... Haven't you?


Fraser's lawyer stated that the charges have nothing to do with his job as a police officer. Um, actually in does.
Think about it. I work in a daycare. If I am charged with abusing or neglecting my own children, doesn't that reflect how I may have treated the children at work? 
Fraser's a predator and he definitely preyed over the two young boys and had every intent to do so by seeking his prey over the internet. As police officer, aren't you suppose to protect and serve? Or is that just when the uniform is on?


If the justice system is lenient on police officers when they abuse their authority, then what is to stop many of them from committing crimes? Isn't that just enabling those tempted officers to break the law because they're protected by the badge?


Sexual Assault in Canada reports that it isn't only police officers that abuse their power, which many of us know. They also report that it is quite common for government employees to take advantage of the power dynamics, such as probation officers. The big question for them is, should the government be liable for their employee's wrongful actions?


The main "test" involves these criterias:


1. the opportunity that the enterprise afforded the employee to abuse his power

2. the extent to which the wrongful act may have furthered the employer's aims

3. the extent to which the wrongful act was related to friction, confrontation or intimacy inherent in the employer’s enterprise

4. the extent of power conferred on the employee in relation to the victim; and

5. the vulnerability of potential victims to wrongful exercise of the employee’s power 






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