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How to not reconcile with your husband -- by
cutting off his penis
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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