In Canada, a 38-year-old Vietnamese mother of six who cut
off her husband's penis when he refused to end an affair with a younger woman
will likely spend no time in jail for the crime.
Last year, Ms. Kim Phuong Tran pleaded guilty to aggravated assault and was
sentenced by the British Columbia Supreme Court Associate Chief Justice Patrick
Dohm to a two-year-conditional sentence to be served in the community.
The conditional sentence means Ms. Tran won't go to prison as long as she
obeys the conditions of her sentence -- she must attend counselling with her
children, she must attend English as a Second Language classes and participate
in life skills classes as directed by her bail supervisor.
Speaking of Ms. Tran's husband, Justice Dohm said, All persons,
regardless of gender, would have extensive sympathy for the complainant and his
future. Surgery left the husband, Vi Hoc Phung, with a stub of penis. He
cannot engage in sexual activity and and may have urinary problems later in
life. The judge noted that Mr. Phung will suffer long-lasting physical and
psychological effects, and said that, normally, he would have sent Ms. Tran to
prison for the crime.
However, the judge noted some circumstances that justified his conditional
sentence. The judge noted that Ms. Tran had been emotionally abused by the
victim. He also noted that the couple's six children, of ages 4 to 16, would be
separated not only from their mother if she were sent to jail, but probably from
each other.
These children are entirely dependent on their mother. It would be
expected that the six kids would end up in foster homes, probably divided and
with lasting effect. Justice Dohm concluded: I think this is an
appropriate case to impose a conditional sentence.
The couple came to Canada in 1990. At that time, they had four daughters. Mr.
Phung, however, wanted more children because he sought a son.
Even though a doctor warned that Ms. Tran's health could be in danger if she
had more children, she gave birth to another daughter in 1993 and finally a son
in 1994.
Last year, Ms. Tran found a motel receipt in her husband's car. He denied he
was having an affair but often neglected his family, not coming home for days at
a time. Eventually, he admitted he was in love with a younger woman.
On July 1, 1997, the husband returned home around 3 a.m. His wife pleaded
with him to leave the other woman.
He ignored his wife's crying and pleading. He sat and drank beer, telling her
to leave him alone so he could sleep.
After he drifted off, Ms. Tran took a meat cleaver from the kitchen, pulled
down his pants, cut off his penis, flush to the pubic bone and flushed it down
the toilet. One of the older children called 911.
I begged him but he didn't listen, Ms. Tran told a Cantonese
speaking police officer. She said she did it because I loved him so
much.
Ms. Kim Tran is not the only overseas Vietnamese woman who severed her
husband's penis.
In March 1996, a Vietnamese woman in Sydney, Australia -- also named Tran --
attempted to cut off her husband's penis with scissors. By the time her husband,
Tom Thong Tran, was rushed to the hospital, his penis was hanging by a thread.
His wife, Tran Nhu Tran, pleaded guilty to malicious wounding after the
prosecution agreed not to pursue a more serious charge of malicious wounding
with intent to cause grievous bodily harm.
Following her arrest, Ms. Tran was granted bail but ordered not to harass,
molest, intimidate or interfere with her husband.
She was also ordered not to come within 500 metres of the west Sydney home
where the offence took place.
But she later told the Court that that the couple had reconciled.
At a later hearing, Ms. Tran changed her plea to not guilty, and her husband
also told the judge that he has forgiven her and was no longer willing to
testify against her.
Liverpool District Court Judge John O'Reilly said that as a result there was
no evidence to support the charge against Ms. Tran, adding: I'll enter a
verdict of not guilty.
(In the U.S., this won't work: Most District Attorneys will have collected
enough independent evidence of the crime that a victim's unwillingness to
testify will not prevent the defendant's conviction. Allowing the victim to
determine whether a trial goes forward would create a perverse incentive on the
part of the criminal to pressure or threaten the victim into dropping the case)
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