N.S. woman says court system failing her as intimate partner violence case drags on
Four months after intimate partner violence survivor, Brandi Whynot, first shared her story with Global News, not much has changed.
Her case is still slugging through the justice system with no end in sight.
“It feels like the victim is put through more hoops than what the accused is,” she said.
Whynot alleges she was attacked by her partner in 2021. While he was charged, she is still waiting for him to be tried in court five years later.
She says her ex-partner has skipped out on dozens of court dates and has faced few consequences.
“(It) is exhausting because there are court dates that I am mandated to show up to. So my nerves get bad,” she said.
“I can’t sleep with my anxiety to look this man in the face, to drive two hours for him not to show up and there have been no repercussions to that.”
She says it puts a spotlight on how the justice system doesn’t support victims.
“I have to testify I have no choice. If I don’t I could face criminal charges.”
Her former partner has pled guilty to one of the charges against him, but prior to sentencing, Whynot learned she would be restricted in what she could say in her victim impact statement.
“It’s just another way that I feel I’m controlled by him and I’m stuck in that cycle.”
And Whynot’s not the only survivor made to feel this way, according to lawyer Pamela Cross.
Cross was an expert witness during Nova Scotia’s Mass Casualty Commission, which made several recommendations related to intimate partner violence.
“The survivor is an integral (and) critical witness but because the trial is about him, she’s not a party. She doesn’t get to have a lawyer. It can feel very isolating,” said Cross.
Whynot says she was also told no one could sit with her during her testimony, however, her ex-partner is allowed to have a support person.
“They do need to look at it as two people going through a very emotional thing. At the very least I deserve to have my victim support worker sit next to me,” she said.
Cross says new restorative justice models could make all the difference in cases like Whynot’s. In the meantime, Cross believes the government can take steps now to avoid re-traumatizing survivors in the courtroom.
“We need judicial education. So judges understand the terror that many survivors of intimate partner violence feel,” said Cross.
Whynot says she’s pushing forward, and trying to stay strong for her daughter’s sake.
“Its what’s pushing me to keep going. But it’s terrifying to think that one day she could be in the exact same position I’m in,” she said.
“I sincerely hope in the future it’s easier for victims — men and women — to come forward and get the support they need.”
— With a file from Rebecca Lau
globalnews
