Thursday, November 10, 2011

One chapter complete. Time for the next one to begin.

Lately I’ve been asked about my experience in court and the legal system. I’ve had a Facebook group member ask me about my court experience as well as an independent film producer from Big Voice Pictures. Many who experience abuse and go through with reporting it have negative experiences with law enforcement.

Just over a year ago in August I received my certification to teach law enforcement the topic of domestic violence but also share my experience when talking about sexual assault. Personally I believe that there is a different mentality between those in law enforcement and other occupations. Police officers are on the front line of many crimes, they are there to protect, gather evidence, investigate, and follow up with the report. Police officers are there to gather facts and proceed with what they are given. Sexual abuse and domestic violence is a different type of crime than any others they may deal with.

(I would just like to note that just because I teach police officers and know many of them that I have no idea what they really go through on the job. I believe that it is not easy but I also believe there is alway room for improvement with handling specific situations).

I’ve been told I can have the mentality of a future police officer. I also have the mentality of an advocate. If you ask the two to come together often they don’t see eye to eye. Advocates are there for the victim throughout the whole process, they are their to fight for the victim. They are trained to understand the dynamics of sexual abuse and domestic violence in order to emphasize with them. Many times you will hear the example of police officers asking a domestic violence “why don’t you leave?” Advocates understand why they may not be able to leave. There are many barriers. Not to discredit either profession but there are differences and with sexual assault and domestic violence the two need to form a bond and work together because of the complexity of these crimes.

Unlike many I had a positive experience with the legal system. From the time I reported the crime from the time my father was prosecuted I was supported throughout. When we first reported the crime I went for an initial interview with a detective from the Maine State Police. He understood that I might be more reluctant to give details with my mother in the room. He was respectful and realistic. There was no physical evidence in my case so we hoped that we could get a confession.

The evidence gathering went on for a little while; they would develop further questions, needed to clarify, or expand on details. Since my story was the only piece of evidence we had at the time it was important to tie up any loose ends and get as much details as we could. Once they believed my story was enough we made the decision to make recorded phone calls to my father while he was in Florida to try and get some kind of confession. It took me a couple of tries but finally I worked up the courage to ask my dad what kind of medical professional would tell him to have sex with his daughter (since he took bad advice). He had nothing to say but sorry and that he took the wrong advice by the wrong people…

That was it. We had enough information to move forward. When he arrived back in Maine sometime in May we was met by the police and arrested. He received bail and was released until his arraignment were he plead not guilty to gross sexual assault of his biological daughter (me). This started the trail process. This was a long process.

They assigned us a court advocate and we met with the DA. They tried as much as they could to prepare me for what was going to happen. Finally the came to start the trial. Since I was the only witness I was not allowed to hear any other testimonies. I had my own room to hang out in while I waited to take the stand.

The first time I took the stand it was a reality check. It was the first time I saw my father since October; it was now June. When his lawyer questioned me he tried to discredit me; they tried to confuse me into answering questions that made no sense. The DA made sure everything was cleared up when she asked me questions.

I took the stand a few times throughout the 3 day trail. The jury finally went to discuss everything and come up with a verdict. It didn’t take them long which could of been good or bad, for us ended up being good. They came back within an hour. They read each count of gross sexual assault. Kevin J. Cobb was found guilty on 18 counts of gross sexual assault. He was not allowed to be released from the trail until the sentencing because they considered him a “flight risk.”

Now it came time for more waiting. It took almost a year before we were given a date for the sentencing. Finally it came time to go back to court. During this time people were allowed to stand up and say their peace to him. I had family members stand up and he had his family stand up to say he was a good man and brother and boyfriend (blah blah blah). They apologized to me, they knew he did it yet still supported him, they begged for mercy by the judge when determining a sentence for him. Then I got to stand up and speak to him. I looked forward to it. I had a 6 page letter I was going to read to him and tell him everything he put me through.

I told him that the reason this happened was so that I could save others from him because he was never going to be stopped. I brought justice to those who went through it before me. He was a sex offender.

The judge sentenced him to 12 years, 10 years probation, and he will have to register as a sex offender when he is released. The process was long, hard, and frustrating. Many cases that go to court are dismissed, offenders get off with a slap on the hand and don’t do it again, I prosecuted my father and put him in jail for 12 years.

I don’t know the laws but I do know that they will never be enough. No matter how many years he stays in prison, on probation, it will never be enough. I don’t get those years back that he abused me so I move forward. I choose to make a difference and put myself in the middle of the fight to prevent sexual assault crimes. I believe in who I am because I created it; not him, not my abuse, not my past.

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