Barbados Chief Prosecutor: Woman “provoked” her killer by refusing sex, therefore not murder.

Attention Women’s Rights Advocates around the world.

Barbados women had better not withhold sex if they know what’s good for them

No, this outrage didn’t happen in Saudi Arabia or Pakistan. It happened in the Caribbean island nation of Barbados where our Director of Public Prosecutions – DPP, Charles Leacock (above photo), dropped a charge of murder to manslaughter because the murdered woman had refused sex and therefore “provoked” her killer.

It’s even more sordid than that. The murdered woman couldn’t pay her rent and her killer had offered to pay the rent in return for sex. When she changed her mind to this extortion, she was beaten to death.

DPP Charles Leacock has a record for abusing women and the law

This is not the first time that DPP Charles Leacock has been caught excusing or participating in violence against women. When his tenant Ronja Juman fell behind on the rent, Leacock had his corrupt police officer friend raid Juman’s home in the middle of the night to terrorize Juman and her children. The police dragged her off half-naked to the police station where her vagina was searched for money and the lease agreement.

Yes, you read that correctly. The object of the raid and the search was, according to the faked search warrant, Juman’s copy of the rental agreement with Leacock. The police looked up her vagina for the evidence, but it was really all about teaching Leacock’s tenant a lesson. Now she and other single mothers know what happens when you don’t pay your rent to a landlord who is arguably the most powerful man on the island.

In another case when his corrupt police friend was charged with accepting bribes, DPP Charles Leacock secretly withdrew the charges as we and everyone else predicted.

Here is the full story of the latest outrage as printed in the Barbados Advocate. You should read the story at the newspaper’s website, but we print it in full because Barbados news media tends to modify or delete news stories to change history.

Women have a right to say no

1/9/2011

I cannot believe what I am reading, in January 2011, the second decade of the 21st century.

That human rights can be so trampled and Barbados dragged back into the dark ages by a judicial officer so steeped in male macho culture that a woman desperate to pay her rent is lured to his house by a man who promises to help, then when she changes her mind about sex in return for the money, she is murdered and according to the newspaper report: “the Director of Public Prosecutions said he accepted a manslaughter plea based on provocation (my emphasis), because Griffith went to Pile’s home and when they were about to have sex she changed her mind and he got vex.”

He added that a jury properly directed could reach the conclusion that Pile was provoked, adding, “I have so concluded”.

The provision for a finding of manslaughter based on provocation is intended where there is a fight between two or more persons and one is killed. There is no evidence here that the lady offered any physical threat or provocation to her killer.

In all civilised jurisdictions a woman’s right to say no to sexual relations, even within marriage, is supported by the courts. If, at any time, she says no and sexual relations were forced on her it would be held to be date rape and the man would be prosecuted. In this case it is not a matter of rape, but murder and the DPP considers her changing her mind provocation to murder.

To suggest that changing her mind and saying NO to sex is PROVOCATION justifying MURDER is an absolute outrage! All Barbadian women and women’s organisations should speak out clearly on this matter and call on the Attorney General immediately to remove the Director of Public Prosecutions from duty.

How can any woman have confidence in a judicial system where the prosecution openly supports this position? Are we living in a prehistoric jungle where rape of women is considered a man’s right?

I wish my father, Dick Walcott, was still alive as he could have elucidated the legal position better, but there are many lawyers and female magistrates today who I am sure will understand the importance of this principle.

The very idea of a DPP expressing these sentiments in 2011 is atrocious.

Every woman in Barbados must protest and call for his removal and a clear statement form the Chief Justice, the Attorney General and the Commissioner of Police on this matter. Otherwise the courts will be giving free licence to men to murder a woman because she says no to sex.

Ann Walcott

More

If you need more information about how the Barbados justice system treats rape victims and even child rape victims, check out these stories…

July 6, 2010: Another child rapist goes free in Barbados – Ho hum, what’s on the tely?

July 2, 2008: Child Rape Haven Barbados – 12-Year-Old Girl Raped Ten Years Ago, No Trial For Ten Years – Defense Lawyers Succeed In Subverting Courts

 

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30 Comments

Filed under Barbados, Corruption, Crime & Law, Culture & Race Issues, Human Rights

30 responses to “Barbados Chief Prosecutor: Woman “provoked” her killer by refusing sex, therefore not murder.

  1. tadadidida

    The only thing missing is the police saying ‘She axe for it. Shake dat ting at de man what he to do?’

  2. Crusoe

    The problem appears to be, as in another infamous recent case of the beach murder, that certain people who should , no longer understand the law, specifically the murder vs manslaughter, issue.

    People such as the father of the writer above, who she incidates is Dick Walcott, actually knew the law, so there was no problem. I understand that he was a brilliant legal mind and sound Magistrate.

    It is clear that today many in senior positions are floundering in the law.

  3. PrettyPolly

    We live a distorted sham in this country. We pretend that we island democracy is progressing to becoming a ‘developed’ country and that women are making great stride and ‘taking over’. Yet the reality is far from that. The men who invariably occupy high positions have a mindset still rooted in the colonial days. They feel their words are ‘lore’ and that they have the right to manipulate every situation to suit them or their friends. Some how we have made them unaccountable and as such why should they behave any differently…..A plague on all their houses.

  4. civilsociety

    Hopefully the family of the murder victum will take this to the CCJ as this would be an excellent case for them to review. I don’t think it is as cut and dry as outlined here. However, from what you have written, it appears that there is definetly an appeal option here worth pursuing.

  5. Responder

    Remember, these big boys may be part of the brotherhood.

  6. Responder

    So you think you could touch the DPP?. Anybody?.

  7. Rape and other atrocities have always been swept under the carpet if the offending party is well connected . That those entrusted with the task of bringing and keeping these horrible acts on the front burner never do , does not help . Lets chalk it up this way . Its just Barbados today .

  8. Responder

    One day coming soon, when law abiding citizens will take matters into their own hands. I am appalled at what i have read here, and it will take a united effort to get rid of these people in high office who abuse their power. I keep hearing the mouthing from these so called big-ups about the rule of law, but when decisions like these are made, one can only wonder about true justice for all. I am ashamed of you DPP. How could you?.

  9. Pingback: Barbados: “Provoked” to Murder? · Global Voices

  10. Derek

    Murder has to be premediated planned if the person was provoked and killed the lady in a fit of anger then that is MANSLAUGHTER not MURDER in other words did the guy go there with the intention of killing the woman if he didnt then it is manslaughter

  11. Thwilly

    Stories like this need to be read internationally. The world must see such injustices. The DPP in Barbados is powerful on his island, but when international agencies like Human Rights Watch and Americas Watch start to draw attention to his sexist stupidities, pressure will come to bear upon him. It may be the bottom line of money (say in the form of tourist dollars) that brings about political change.

  12. bajandave

    I am disgusted with what I am reading here. Suppose this had happened to the DPP’s mother, wife or daughter? Wrong is wrong no matter how you slice it. Oprah once said “No” is a complete sentence, and the man involved here should have walked away and saved himself the trouble he landed himself in.

  13. you get what you elect

    Have any of the elected politicians taken a stand on these types of issues in a concerted and substantive manner?

    Thats what I thought.

  14. Anonymouse Not By Choice

    Listen, calm down. I am no lover of Leacock but he is right in the manslaughter charge but not in how he qualified it. Unless the defendant had no intentions of rent for sex and his real intention from the get go was murder then it is manslaughter he would be charged with. Leacock is at fault in his explanation as to how he arrived at the manslaughter charge.
    He is clearly not qualified as DPP when he can’t even explain as to how he arrived at his conclusion and charge. Bringing “provocation” into the mix just undermined his abilities and authority.
    Time this man showed the gate.

  15. Responder

    Anonymouse Not By Choice, you seem to make sense. You sound like a lawyer. I will defer to your wisdom on this one, and also agree that this man want getting rid of.

  16. Johnny Postle

    The DPP as a high profile figure has shown himself to be someone who is not that high on moral principles. He knows that in Barbados as long as you hold big up positions and perceived to be part of the elite you can virtually get away with anything on this island. THe DPP is one of those high profile figures that are on my list of being corrupt and manipulative

  17. bajankidd

    The DPP did want getting rid of every since. I agree with ‘anonymous not by choice’. However I feel that the DPP thinks that he doesn’t have to give a proper explanation, and that he wouldn’t be questioned in regards to statement(s) that he makes. I would like the persons in positions of authority within the Government, Judiciary, and the Legislative. To be aware that they are to serve the people of this country, not the other way around.

  18. bajankidd

    To hell with ‘the brotherhood’, that’s where they will end up anyhow if they don’t change their ways

  19. David G. Brooks

    While not condoning the killing another human being, except for self-defence or in the defence of another, which is guarenteed by our constitution, I think that women have long felt it their right to tease men where sex is concerned, using it as a power over their man/husband/etc.

    Sex is a THE most potent emotion, along with its hormonal effects, which women use as their excuse for being ‘whatever’ … but we men are suppose to be unaffected by all of this.

    Sorry ladies, you want equality then stand up and take the responsiblity both physically and emotionally towards the opposite sex.

    Or should that be …

    Sorry ladies, you want equality then stand up and take the ‘responsiblity’ both physically and emotionally towards sex.

  20. David G. Brooks

    You see if a woman teases a man with sex then somewhere along the line he will go ‘mad’ with bottled up emotions, hormones and all, and this can be done quite effectively without much physical contact – women know this instinctively but use it indiscrimently sometimes to their harm (as would happen in the animal world which we still belong to, especially where sex is concerned)

    The problem is that in order to get a woman to this same state ‘usually’ requires much more physical contact – once all the ‘other’ criteria are in place – unfortunately there are very few men with the balls (and that is an oxymoron in the case) to stop at this point and use that ‘power’ to his advantage. Even so, if such a women were so treated he might well as be dead by the time she is finished with him over time, one way or the other, but you would not find the DPP or the Police following her trail.

    I know many of us don’t fall into this category but tell if it is not possible under extreme circumstances.

  21. David G. Brooks

    or with persons of weak self-control or continual taunting in this regard?

  22. HM

    Seems some people think they are living in Taliban-land or something.

  23. Colin L Beadon

    How have we now become so sick ???
    I’d say, we in this island, are supposed to be advanced well educated and bred, humans, above just pure animal instinctive drive.
    If we are, in actual fact, as democratic and civilized as we propound
    ( and that democracy and civilization, was once, one of the island’s major tourist and business attractions ) then what have we now become ?
    I ask this very seriously. A woman has been murdered because she changed her mind. If she had killed her attacker instead, then here in Barbados it seems, because she was a woman, she would have been guilty of murder, not manslaughter.
    What shame is this ? Can we sink any lower, when every day the papers are filled with the battery of women and what organizations are attempting to get it stopped. Can’t we stop blaming animal instinctive drives,…. for our male human iniquities ?????

  24. HM

    @ Colin L Beadon – agreed.

    Most men are not uncontrollable beasts and I don’t see why the ‘she made me do it’ kind of beliefs are accepted by any right thinking person.

  25. dawgster

    The day a rich/powerful person harms one of mine, the sole justice instantly delivered will be mine. Hopefully, I will emulate their example and get away with it.

  26. WickedLeaks

    We may find it hard to accept, but many people are offered protection in this island as part of the “DOWN-LOW ” club. Without BFP issues such as these will be swept under the carpet.

    LONG LIVE BARBADOS FREE PRESS
    WickedLeaks

  27. Rabbit

    More proof if any is needed of a backwards country

  28. Pingback: Magistrate slams Director of Public Prosecutions for withdrawing manslaughter charge against Bjerkhamn « Barbados Free Press

  29. Pingback: Self defense or murder? A woman’s life is only worth five years in jail. | Barbados Free Press

  30. robert ross

    I have just seen this. The facts are not fully explored. BUT..

    1. The evidence would have to be overwhelming on provocation if the DPP decision is to be justified. The question is one for the jury on (a) whether D was provoked AND (and this is the key) whether objectively a reasonable man would be provoked to kill in these circumstances. It is NOT for the DPP to pronounce himself judge and jury on this one.

    2. It is no longer the law that provocation must take the form of violence offered to D. Words will suffice.

    3. It is not the law that for a murder charge to be sustained there must be evidence of premeditation. The only question is whether at the time of the killing D intended to kill or do any serious bodily harm.