Toronto Injury Lawyer Blog
The front page of today’s Toronto Star is a feature article and photo of Mandi Gray. The headline reads “Putting A Price on Rape..Mandi Gray could have shared her trauma with the court. She opted to share her bills instead“.
Kudos to Mandi Gray for eliminating the publication ban and coming out so courageously. This is a huge step forward in rape and sexual assault cases. Fantastic display of strength which we certainly admire.
In case you don’t know much about this case, Mandi Gray is a PhD student at York University. The accused, Mustafa Uruyar was in her program as well. At a party/get together at a bar on Bloor St. in Toronto, both Gray and Uruyar left the bar and headed back to Uruyar’s place.
The Court found that Mandi Gray was raped by Mustafa Ururyar. Mr. Ururyar was convicted and sentenced to the maximum for a summary crime of 18 months in prison, plus up to three years parole. It’s customary in these types for the victim to prepare a Victim Impact Statement to be read aloud in the Courtroom, just before sentencing.
We see these Victim Impact Statements whenever there is a victim of a crime who we can identify and who agrees to share their/thoughts/feelings with the Court. Not all victims have the courage to share Victim Impact Statements. Personal Injury Lawyers see these Victim Impact Statements frequently in drunk driving, violent assault and sexual assault cases. These statements can be relied upon later in the course of the civil proceeding/personal injury case.
Victim Impact Statements can be very emotional. For some, it’s a chance to have their voice heard, unfettered by the Court and cross examination from another lawyer. You can say what you want. But for others, it’s a wasted exercise. The damage is already done. There is no use in speaking or providing a statement. It will only re-hash bad memories. What good will come of it.
Mandi Gray’s Victim Impact Statement was short and to the point. It contained three bills. The first was for 36 psychotherapy sessions totalling $3,770. The second was a bill for $3,453 for legal work paid by Legal Aid to defend her in a Pre-Trial Application. The third was for $10,735 for legal fees which Ms. Gray paid out of her own pocket.
This is probably THE BEST Victim Impact Statement which has ever come to my attention. Pure genius!
It brings to light THE HIDDEN COST which litigation has not only on the accused, but also the VICTIM. To quantify from an economic standpoint what Ms. Gray has needed to incur ought to help the public put Ms. Gray’s post assault life in to better perspective.
All too often, we limit the victim’s damages to one person getting up on the stand, crying, and stating that their life has changed forever. Those words, while sincere, are words bottled in that moment long to be forgotten by a majority of people in the Courtroom listening.
It’s what happens behind the scenes that we really don’t see or hear very much about which counts. It’s all of the hours and hours of counselling, grieving, not being able to work or function like normal, the doctors, the lawyers, the therapists, missing out on school, trips, laughs, not feeling safe in public. It all comes together in one big blur which the general public doesn’t really understand. This is why assault victims need excellent support services.
Ms. Gray, in simply attaching her bills to the Victim Impact Statement brought to light that this is not about just one moment on the stand. It’s not just about one night gone terribly wrong. There is so much more to it than that which is illustrated in those bills. And it’s also not just about her feelings which you can’t put a price on. It’s about other items which you really can quantify. Like all of those therapy sessions. Who is going to pay for those sessions in to the indefinite future? How will Ms. Gray ever be made whole again?
I believe that the accused in this matter is planning on appealing his sentence. This is his right under the law. But where does that leave the victim of all this?
She can do her best to forget about it, and do her best to move on with her life. Easier said than done. How could one possibly do that knowing that there isn’t any closure and that justice has yet to be served.
The result of the appeal will likely loom in her mind until the case is over. That could be 2-3 years down the road. That may likely entail further counselling, rehab, therapy, legal fees, an inability to function properly. Who knows. Who is going to pay for those bills and how? Again, that’s why simply attaching the bills to the Victim Impact Statement was so smart.
What happens when the victim/survivor isn’t as brave or as articulate as Ms. Gray to step forward? What happens when victim/survivor doesn’t have the financial means to pay for counselling not offered by Court Services or through the OHIP System? What happens when legal aid won’t cover those legal bills which may amass during the course of the litigation? All of these are great questions which I believe have been highlighted by Ms. Gray’s fantastic Victim Impact Statement.
Because this is the Toronto Personal Injury Lawyer blog, I would be remiss if I didn’t put a personal injury spin on this story. You may be asking yourself: Can’t Ms. Gray sue the accused? Certainly! But if the accused has no assets, then what’s the use in that? Justice? Sure. But there is a cost to justice. Time, money, emotions. It all comes at a cost. If a Superior Court Judge in the Civil proceeding awards Ms. Gray $5,000,000 for her pain, suffering, future counselling etc., but Ms. Gray cannot recover a dime on the judgment because the accused is judgment proof, where does that leave Ms. Gray?
There is a way to recover on these cases when we know that the accused is judgment proof. That’s through the Criminal Injuries Compensation Board (CICB). The Ontario Government has set aside a pool of money for victims of crime so that they can recover up to $25,000 in compensation. It’s not a lot of money, but it’s something.
