If you have issues viewing or accessing this file contact us at NCJRS.gov. -~...---'~~---- ~~------~ - -- -~~
'. --~------:-----.------:--~. ... ~ ~ -:-----:---:--"' 0 .... -".-- (I
"ri
u.s. Department of Justice 94777 National Institute Of Justice \\ This document has been reproduced exactly as received from the person or organization originating it Points of view or opinions stated in this document are those of the authors and do not necessarily ... represent the official position or pOlicies of the National Institute of JUstice. '"
Permission to reproduce this ~:ted material has been granted b¥.. (\ . Publ~c Danain/U. S. Attorney General U.s. 'Dept. of Justrce
tethe National Criminal Justice Reference Service (NCJRS).
FUrther reproduction outside of the NCJRS system requires permis sion of the 8.", :igl :t owner. o !I ,.il il ;. /1
(I /1
-I! ATTORNEY GENERAL'S '-. '
I:) TASKFORCE o ON (. ,?
0 \ . c:; FAMILY VIOLENCE . \ , \
() ~ {) ; 0 " \1 .'"
c o
.1
o <> ,. n o " U Task Force Members ~' c:
\ o J \. . CHIEF WILLIAM ·L. HART ,Chairman
JOHN ASHCROFT o G
DR. ANN BURGESS' ., '. NEWMAN FLANAGAN Q • URSULA MEESE CJ o CATHERINE MILTON o \ • Il () \ (/ DR.CLl'DE NARRAMORE , \ \ (} .. I,' CffiEF RUBEN ORTEGA \
FRANCES SEWARD o
.-.=""""--- ;;"'.- -- .] o FINAL REPORT o .Ii. __ - '. .' ~...n1 •
Preface
Violei'lt crime is a major problem in this country. The' Ci possibility that any of us might be injured or have our homes invaded by a stranger is frightening to con template. But hundreds of thousands of Americans face an even more devastating reality. They are harmed,,,not by strangers but by those they trust and love. They are victimized, not on the street or in the workplace but in'
,', .~ their own homes. The shadow of family violence has fallen across their liv~S' and they are forever changed. Violence in the h6me strikes at the heart of our so ciety. Children who are abused or who live in homes where parents are battered carry the terrible lessons of "Families stand at the center ofsociety; .•. building our violence with them into adulthood. A great proportion future must begin by preserving family values." of those who assault both strangers and loved'bnes were raised themselves in violent households. This is learned behavior. To tolerate family vioience is to allow the seeds President Ronald Reagan of violence to be sown into the next generation. December 3, 1983 When the President's Task Force on Victims 0f Crime studied<7the experience of crime victims in this country, it recognized that family violence is often much more
. ,: complex in causes and solutions than crimes committed '".'1; .... ;~_ by unknown attackers. Because of this realization, the President'S Task "Force recommended that the present study be undertaken to give this problem the individual ized consideration it requires. .' To be abused by, a spouse, a\-parent, a trusted adult or by one's own child or to witness such abuse, carries c ;) With it a particular agony. Victims wrestle with feelings of fear, loyalty, love, guilt and shame. In this they often face COnflicts not experienced by those attackew. by .L' strangers. Adults will be torn between the desire to shield o and help a loved one and their responsibility toward their own safety or others in the household. Children often face 'j) alone the terrible truth that those who should protect them are, in fact, a source of harm. Anyone who lives in a violent home experiences an essential loss. The one place on earth where they. should feel safe and seClite has become instead a place of danger. These victims often are uniquely isolated. Friends who might otherwise J?e a source of support hesitate to intrude \ on the privacy of "family matters" or "choose sides." Reporting violence to authorities carries its own risks. All - too often police, prose~utQrs or jUclg~s!pinimize or igl},Qre II ------:-,.--____lW'
b I I
I
!,I ' & .e I If the problem and the victim is left alone to face an attacker
who may respond with anger at being reported. I1, We as a nation can no longer allow these victims to Contents suffer alone. We must understand the breadth and scope of t.he problem. We must admit that family violence is Preface ...... ,...... HI found at every level of our social structure. We must let Statement of the Chairman...... vi victims know that they need not hesitate to seek help. We Family Violence in America ...... 1 must listen with an understanding heart and we must act in ways which prevent, protect and support. This action The Justice System ...... 9 requires a flexible response. Recommendations for Law Enforcement...... 16 It is to understand the particular characteristics of Recommendations for Prosecutors ...... 27 family violence and to articulate thos~ individualized solu Recommendations for Judges ...... 33 tions which such cases require that the Attorney General established the Task Force. On behalf of the Justice Victim Assistance ...... 45 Department, I want to commend Chairman Hart, the Iii II Task Force members, Executiv~ Director Marise Rene Prevention and Awareness ...... " 63 U Duff, and the Task Force staff, who have worked so Ii fi~ selflessly to help us all understand the problem and to Education and Training ...... " 73 n ! articulate the ways in which it can be addressed. Special appreciation must be eJQ:ended to the National Data Collection and Reporting...... 81 f ! Coalition Against Domestic Violence, National Organiza I tion for Victim Assistance, Society's League Against Research ...... " 89 I Molestation, National Coalition Against Sexual Assault, National Committee for Prevention of Child Abuse, Federal Executive and Legislative and State , Parents Anonymous, Court Appointed Special' Ad Legislative Action .. '.. >...... 95 vocates, the Junior League, YWCA, and the S,~lvation Recommendations for Federal Executive Army, whose members have truly been carrying the con and Legislative Action ...... 96 science and the responsibility for all of us for a long time. Recommendations for State Legislative ~:.' To all volunteers who have given of 'their time, energy, l'~ Action ...... 102 and commitment to organize and operate crisis hotlines, to establish safe homes, to counsel and protect these vic Special Considerations .,."...... 109 thns and to create programs of prevention, we all owe Recommendations on Violence in the these concerned citizens a great debt of grai:itude. Media ...... " 110 Most especially, [want to thank those Y.1ctims who Recommendation on Pornography ...... " 112, were courageous enough to come forward and help us Recommendation for the Military ...... 113 learn from their 'experiences. The problem of family Recommendation for Grandpar8nts' Rights ... 115 violence is a very human one, and it is amenable to human
solution. We as a society must undertake that solution. Conclusion. < •••••••••••••••••• "'•••••••••• , ••• 117 The time for standing idly by is past. Let us work together to understand and to move,forward toward the building Appendices ...... ',' " 121 of secure homes and a peaceful future. Witnesses Before the Attorney General's Task Force on Family Violence .:...... 122 Lois Haight Herrington Notes ...... 136 Assistant Attorney General Biographies ...... 152 , U.S. Department of Justice Task Force Staff ...... 156 '\ Washington, D.C. Methodology...... 156 1;', September 1984 IV , , f; > • ,« b «, + .c l' - ~-' ,"~-'-"~" ,,, .•.. , ...... , ,.'·'·, .. '"'·..... _~-·.... ."~--.._,,·=)\:":e:.t~!lO:'".m::-~.:.)'..:~·::;, __'-'--"".,, f -. ~.:..-.:..--- ~ ':.'~~.:•...... :.:...-:...... <···~~>;>~:.:·::.!:·:..:::~~·:.'.~:~:",~;.~_":l.:;;:;;r~-l_' '.",~_ ~""1.._~, '"""''''-''''-:""'--=-·'''''''''''''?'''~">:,!:;;;t'<:,':;,=->t.:..~~.~':<::t:!''"'r.''''::'~':.:;::-:!.:'.-::-:::--->-:.::::::::.:-::::::::::-:..;::.:.:'".:::::=::::.::::::::.::::.:,~:"~::~.::~:. "~:::--:''''':'' ,! I * the problem of family violence in America and of mak Statement of ing suitable recommendations. The report which follows is not the final answer but will serve as the beginning of the Chairman a national approach to family violence.
A victim offamily violence is no less a victim than one set upon by strangers. Chief William L. Hart Chairman The problem of family violence has existed for genera tions, yet it is only recently that this phenomenon has September 1984 begun to receive the attention it deserves. It is my hope that the findings and recommendations of this Task Force will serve as a catalyst to bring about solutions to the' many varied aspects of family violence. Family violence permeates all levels of our society. It is not unique to any particular social or economic group, nor is it restricted to anyone sex or age group. In the past, most instances of family violence, par I' ticularly sexual abuse, were kept secret within the f(;l,m j ily. Today, we are just begiijning to learn the true extent I of the problem as more and more family violence vic tims are It:~arning that they are not alone and are coming forward in growing numbers. During the course of our I { hearings, the Task Force heard extensive testimony which ; graphically demonstrated the terror and pain these vic tims continually experience. !" A victim of family violence is no less a victim than one set upon by strangers. It is impossible not to shed a tear when you see the pain of a child relating the fact that he cannot remember a time when he was not being beaten and believed that to be a normal family relationship, or the tragedy of a young mother being shot to death en her way to the police station to seek aid in order to escape a lifetime of family violence. Many of the abusers were found to have been abused as children.jThis cycle must be broken b~fore today's abused child becomes tomorrow's abuser. We who have served on this Task Force have been ";:- awakened to this national tragedy of family violence. At " torney General William French Smith charged this Task Force with the responsibility of ideritifying the scope of
,j
I \. i i 'I; o
VI vii o t } il I" " tJ [I I
(~J ' Family Violence ,co
in America o
o
(\
~()
c, \
';'.-, o
I ~
I:) \ \ \ '\ 'J,
"7] \ r !
b • r ' ,« •.,..1 - '>- = 4. ----- .. ------
2 3 learn any other behavior. They observe that violence is Many children suffer Family Violence a normal way for people to treat one another and a every day because peo normal way to solve problems. The family violence that ple, usually people they occurs today is a time bomb that will explode years later know, are sexually or in America physically abusing as abused children become abusers of their own children them. . . . The law or other children, and as children who watch one parent should be much The Attorney General's Task Force on Family hitting the other repeat the example in their own relation stronger.-a victim Violence came into being at a time when the problems ships or the community. of family violence were finally being brought into the The costs of this violence and its transmission through open. Spouse abuse, incest, child molestation, battering the generations are intolerable, however they may be of children, and abuse of elderly relatives were once counted. The human costs in suffering are the most ob Ii thought to be isolated events that occurred only among vious and the most immediately tragic. But there are other a small element of the population. All now are conceded incalculable costs as well for society as a whole. The fam to represent widespread problems that occur among ily is the fundamental unit upon which society is built. families in every social and economic class. As the Task When families are unable to function as the healthy, pro My son started to take Force conducted its hearings around the country, it tective, nurturing institution that America has always over the abusive role became apparent that now is a time when much progress depended upon, it should come as no surprise that com of my husband.-a victim has been made from some perspectives-and very little munity problems-crime, drug and alcohol abuse, from others. It is a time when police and prosecutors have dropouts from education and from the workplace-have become much more aware of the need for action-and been growing. ) L yet the magnitude of the problem appears to be increas The ultimate task is to break the cycle and to prevent "i " Anyone who has ever ing. It is a time when sodety's range of responses has family violence from occurring. The debate about how been victimized been broadening and becoming more sensitive-and yet to do so has been impeded, however, by two extreme understands the phrase positions. 'living in fear'. much remains to be done before society resolves some Domestic violence is extremely difficult issues involved in determining the ap One extreme is the traditional position, universal un the most confusing and propriate role for the government in dealing with family til this century, that what goes on within the home is ex cruel indignation violence. empt from public scrutiny or jurisdiction. If a husband anyone can suffer. A It is in this context that the Task Force presents its beats his wife or if parents abuse their children, that is woman must a private matter. This view is still widely held by the public choose . . . her report. All the answers are not known. No panaceas for responsibility to hold family violence are in sight. But it is the Task Force's and, although decreasingly, by some law enforcement of her family together at firm belief that we as a nation are in a position to do much -fiC'p.r.l:_.... ----'.r:- nrosecutors,-- and J1udges._ And yet what reasonable the risk of being more in coping with and understanding the problem of person can learn of a battered child or woman, seriously mentally damaged, family violence than we have in the past. With dedicated injured or too often dead, and say that the government physically injured or has no role to play in protecting individuals from other possibly murdered.-a effort from individuals and volunteers, much progress victim has been made. We must continue to develop a strong, members of their families? The other extreme holds that coordinated response to family violence. The criminal even the suspicion of abuse within the family constitutes justice system, social service agencies and the entire com a prima facie case for dissolving a marriage or taking munity must work together to provide comprehensive children from the home, and that maintaining the bonds services to family members. It is hoped that this report of the family counts for very little. And yet, what will contribute to the efforts to help the victims of fami reasonable person would say that policy should be ly violence and prevent its recurrence. oblivious to the complexities of the family relationship. The tragedy of family violence goes beyond the pain Both extremes rely on misconceptions. One is the belief of any single episode. The research of the last decade has that mothers and children seldom really get hurt and that, I could feel the bones demonstrated the frightening degree to which family if it's that bad, the mother always can take the children in my face breaking, violence is cyclical in nature, with violence in one genera and leave. The other is the belief that even one spanking but I knew that if I of a child is always a sign of abusive parenting and every were to move or to tion begetting violence in the next. Children in violent make a sound that I homes "learn" violence in much the same way they physical altercation between married cduples is a prologue would die.-a victim D' r I
4 5 to a beating. Like all misconceptions, they prevent a per any other crime. If family violence were always reported son from viewing the problem in any other way. Society and if the legal system always acted on the basis of its can neither ignore the serious harm that does occur nor knowledge, the deterrent effects of swift and certain legal rush in to intervene indiscriminately. penalties would be great. The middle ground has been found in the application Unfortunately, this potentially important preventive J also make it very 1I of the law to other forms of violence, and the law should effect is thwarted at present by the second key char clear that society will be applied in the case of family violence as well. The legal acteristic of family violence: A large proportion of family not tolerate this sort of response to family violence must be guided primarily by violence is committed by people who do not see their acts behavior and that if he the nature of the abusive act, not the relationship between as crimes against victims who do not know they are vic does not follow through with the the victim and the abuser. The Task Force recommends tims. The first, indispensable step in preventing family counseling, if he does that the legal system treat assaults within the family as violence is to ensure that abusers and victims alike not continue the no , seriously as it would treat the same assault if it occurred recognize that a crime is involved and that, when ap contact order, ... the between strangers. Qualifications and nuances to that propriate, the legal system will intervene on the victim's Court will respond recommendation are traced throughout the remainder of behalf. Many segments of the population are unaware quickly, issue a warrant, have him the report. But its message is straightforward. Law en that beating one's wife or children is a crime. It is essen brought immediately forcement officers ordinarily do not arrest two strangers tial that every response of the legal system convey this forth and off he will who have shoved each other; neither ought they ordinarily message: child abuse, spouse abuse, and abuse of the be to jail-Judge arrest two family members engaged in similar behavior. elderly, incest and child molestation, are not matters of Barbara T. Yanick But when an officer enters a home and finds a mother personal belief on how to deal with children or keep order or child who is the victim of an assault, the officer is deal in the house. They are crimes. They are prohibited. ing with a crime-a crime with its own distinctive In taking these actions, it is essential that the criminal characteristics, but first and foremost a crime. When a justice system be creative and flexible in its dispositions. prosecutor considers a criminal complaint arising out of The report discusses the many alternatives that lie between an arrest for child, spouse or elder abuse, incest, or doing nothing and imposing a prison sentence, and urges moleStation, the first consideration is the nature of the that these alternatives be expanded and applied more (Sex offenders] should violation of law that has occurred. When an offender has widely. either be in counseling been convicted, the judge, as in all cases, may consider The system must be equally creative and flexible in for the rest of their lives or put in jail all sorts of extenuating circumstances in reaching a treating the victims. Victims of family violence are often more often. This would sentence. A judge should prescribe a sentence that takes reluctant to report what has happened to them because give them a chance to the special nature of the victim's needs into a~col..lnt.But of shame, embarrassment, or fear. There are many steps consider the conse the fact that the offender is related to the victim may not that law enforcement officials, prosecutors, judges and quences first.-a victim in and of itself be a reason for being lenient. the community can take to diminish these feelings. The Simple justice is the major justification for taking a report describes the innovations that have been most harder stand toward family violence. The American legal successful. system should not countenance one person doing physical The responsibility of the criminal justice system to give harm to another person. But there is also a practical special consideration to victims of family violence is very justification in terms of preventing family violence in the ) important in the treatment of children and the elderly. future, derived from two special characteristics of fam For example, a young person who has been arrested and It is destructive to the ily violence .. taken to juvenile court as an offender receives numerous children to characterize One of the main reasons that the deterrent effects of special considerations and protections, however the child child sexual abuse punishment are diminished is the criminal's justified who has been victimized too often receives no considera primarily as a mental health or social doubt that he will be caught or that the evidence will be tions at all and is subjected to continued mistreatment I. problem within a strong enough to convict. In the case of family violence, from the criminal justice system that can be as damag family. It is a crime the offender cannot hide his identity. ,Because family ing as the i~~tial crime. The Task Force recommends sim against society as well violence is the only crime in which the victim knows the ple,effectiV:e steps for remedying these injustices. and Should be seriously identity of the offender, the deterrent effects of legal sanc I~~tervention in family violence cases cannot be limited treated as such.-Doris " ft.~ Stevens, M.S. w., tions against the offender are potentially greater than for to tl~e criminal justice system.· There must be a strong, IIr A.C.S.W. 11 II t, j J i tr > > • \« > • I I 4. 6 . ,. . ~ -.,' 7 coordinated effort by the criminal justice system, victim Overarching all of these specific steps is the one fun assistance agencies and the entire community. It is essen damental, indispensable step to deter and prevent fam tial that the community itself respond as aggressively and ily violence: The public must become aware ojthe nature firmly as the criminal justice system. There cannot be one oj the problem and its obligations in combatting it. The without the other, all must assume responsibility. Vic work of the criminal justice agencies and victim assistance tims of family violence often need a variety of other sup agencies is extremely important, but until there is a broad, ports. The supports range widely in different cases and, clear signal that family violence is condemned by the com circumstances, from a place to sleep, to help in arrang munity, abusers will continue to ignore the reality of their ing for day-care, to advice on where to get a job, to crimes and victims will continue to blame themselves. counseling on how to prevent future abuse. No one serv ice agency is in a position to provide all the necessary help. The efforts of health facilities, educational institutions, and service providers from numerous fields must be carefully coordinated. The resources of private in dividuals, of business, and of the media must be joined with those of governmental agencies. It is particularly important that there be cooperation across the gap that too often separates the criminal justice system from the providers of social services. Coopera tion must begin at the federal level and continue on the state and local levels. Law enforcement officers must know where victims can be referred for emergency aid. Judges must be familiar with the services that can be employed as alternatives to traditional dispositions. Serv ice agencies must know who to call at the police station, It is vitally important sheriff's office, and at the district attorney's office. The that the public recognize that there is report recommends mechanisms to achieve this coordina intolerable verbal and tion. Only when all these segments of society work physical abuse that oc together will we achieve real pro~ress in this vital area. curs any hour of the It must be -recognized -how much remains to be day and night in homes understood about the nature, extent, and treatment of in our communities, no matter what the age family violence. The available statistics on the incidence group, no matter what of family violence reveal unequivocally that a maj()r prob I the socio-economic lem exists, but they are stilI far too imprecise to answer background of the in key questions about who is most at risk and how resources f dividual.-a victim can be allocated most effectively. The information about { treatment programs is still fragmentary; certain types of intervention appear to be effective, but much moi~e in formation is ncc;cssary if these successes are to be built upon. Knowledge of the long-term effects of family violence, especially sexual abuse of children, remains a patchwork of data and speCUlation. On all these fronts, the nation's ability to cope with the problem of family , violence depends on knowing much more about how it is caused and what may be done to break the cycle of violence. The report makes specific recommendations about the knowledge-building steps that need to be taken. 1!l! The Justice System
,-", ,,(1
\ ..- \ I) II c,'" ~ o \ . 'l,' 6' \ \ .\ 1 f. '. \.
, ,I
() () • .L • ------~ - ----~------~------~------
, ,~ ,.' ¥~ ,~~y., .. ,..,.,.. "" ___~:;,:;=O~.::;.l;:;·;=~:::.::'";.:::~~"":'.::~._::::~::..~::.~ .. _. ,~.!,: __ ~, .... :._. . __ '! •• ,'.n., •• '
10 11 that family violence is a crime problem of shocking Problems of family - The Justice System magnitude. Battery is a major cause of injury to .women violence must be in America. 1 Nearly a third of female homicide victims brought into the open 2 and given a national are killed by their husbands or boyfriends. Almost 20 priority . .. . Family 3 Progress against the problem offamily violence must percent of all murders involve family relationships. violence should be begin with the criminal justice system. Social service agen Ascertainable reported cases of child abuse and neglect approached in the same cies, schools, churches, hospitals, businesses, and in have doubled from 1976 to 1981.4 In addition to the one manner as traditionally dividual private citizens must do their part as well, but million reported cases of child maltreatment, there may recognized law enforce 5 ment problems such as it is law enforcement that must ,respond to the calls for be yet another million unreported cases. Untold narcotics, and career help, prosecutors who must bring the perpetrators before numbeirs of children are victims of sexual abuse, and un crimina/s.-District At the courts, and judges who must impose penalties that counted older persons suffer abuse. torney Robert H. balance the interest of the victims and the requirements These intentional, purposeful acts of physical and sex Philibosian of justice. ual abuse by one family member against another must The Task Force presents separate recommendations be defined and recognized by the criminal justice system for the improvement of policy and practice among law as serious criminal offenses. A strong commitment by law enforcement officers, prosecutors and judges. The recom enforcement officials, prosecutors, and courts in respond mendations begin, however, with three fundamental im ing to family violence as a crime can aid in deterring, provements that involve all elements of the criminal preventing and reducing violence against family When I tell people I justice system. members. 6 am a former battered Contrary to popular myths, family violence cuts across Wife, it is a real eye opener because they all racial and economic lines. Victims of physical and sex will say things like, Recommendations for the ual abuse come from all types of homes, even"the very you are too smart, or "best" of families. Violence has shattered the lives of men you are too pro Justice System fessional, or you are If and women of all ages, representing every occupation and profession. The only major distinction between family too middle class.-a victim 1. Family violence should be recognized" and re- violence and other criminal acts of violence is the rela sponded to as a criminal activity. tionship between the victim and the assailant. .' ./i' 2. Law enforcement officials, prosecutors, ~nd .iudges The criminal justice system has responded incon should develop a coordinated response to family violence. sistently to acts of violence. Violence commited by a 3. Communities should develop a multi-disciplinary stranger is classified as an assault. If a person is ap Many of the people . team to investigate, process and treat all inCideiilsoffam;'" prehended after beating up a stranger, the usual result across the country have ily violence, especially cases of physical and sexual abuse is an arrest and prosecution for assault and battery . Yet looked at this as a civil problem, as ajamily of children. ,when one family member assaults another, it is commonly problem, as dSocial i viewed as a family squabble, something less than a real problem. We believe it "'';' -'. 1I i crime. This disparity in the legal response to assaults must is a criminal problem I Discussion 1 be eliminated. The problem for too long has been viewed and ,fhe way to handle I'! as a private matter best resolved by the parties themselves it is with criminal justice intervention. without resort to the legal system. Today, with increas Justice System Recommendation 1: District Attorney ing public awareness of the seriousness and pervasiveness Family violence should be recognized and responded to Jeanine Pirro of family violence, there is a growing demand for an ef c· as a criminal activity. fective response from all co'inmunity agencies, particu larly the criminal justice system. An assault is a crime, :Family violence occurs in this country in staggering regardless of the relationship of the parties. A person proportions. Each year thousands of men, women and beaten in the home is no less a -victim than the per children must deal with the tragedy of family violence. son beaten on the sidewalk in front of the home. The Although comprehensiv,e and uniform statistics are not "1;aw should not stop at the front door of the family available, estimates from Task Force testimony indicate , . home.
, ! --.---.~--.------~------
• _1"'"'-'<_ ~ ~ ~ ~ -,,~, - r ~ ,- _~~ ~",-",:r:~~~c:::'"'~~~-=".-~_~.;::m':~-:"",~ ~~~-:;:;!';'..• :.';:;::::~::::::.. ':::~=:".::.'':''r-t: ..::: •~_,;:-:.._ :~~ '''; ::;:ac :::.-",._. ""::: :-..::::..: ".:_ ~:. -:-' ':" "~:...:: ~~:~:...._~ -=--: _.. _ ~. __ ,. '_"_ ,n•• ~'_ .~ ___ .~ .. _ 12 13 Sentences in this area Traditional criminal justice practice in family violence Justice System Recommendation 2: are very much lighter cases has been to view an assault as a family disturbance, Law enforcf!ment officials, prosecutors, and judges than comparable should develop a coordinated response to famUy violence. situations of stranger not requiring arrest. When an arrest does occur, law en forcement officers and prosecutors may fail to violence. It's very I' discouraging when acknowledge the seriousness of the offense believing that The criminal justice system must respond to acts of everything works all the victim will be hesitant to cooperate. Penalties imposed family violence as a crime. However, no one segment the way to the end, by the court generally do not reflect the severity of the somebody is arrested alone can adequately address the problem. Each segment and charged and injury or the number of prior convictions for the same of the justitb system has an important role to play to en successfully prosecuted offense. This under-enforcement of the law tells victims sure that victims are treated fairly, swiftly, and surely. and then the sentence and assailants alike that family violence is not really a Only by working together can all parts of the system ef is so light that it's, in a serious crime, if a crime at all. It is this widespread sense, a final way of fectively intervene to assist the victims of family violence condoning the perception that has contributed to the perpetuation of and to hoid the assailants accountable for their criminal violence.-Attorney violence within the family. ., actions. A consistent coordinated approach by the. jl.l,.stice Ruth Gundle Assaults against family members are not only crimes system will more effectively deter recurring family against the individual but also crimes against the state violence and allow for more successful prosecutions. Most and the community. Intervention by the criminal justice importantly, victims will be provided the protection and system can effectively restrain assailants and make them services necessary to prevent future violence. responsible for their violence like any other perpetrator Each element of the criminal justice system needs to of crime. Arrest by law enforcement officers sends a clear know that its intervention will be followed up by the next signal to the assailant: abusive behavior is a serious segment of the system. Law enforcement officers are The criminal justice criminal act and will not be cOl1doned or tolerated. Pros reluctant to file reports or make arrests in family cases system poses itself as ecution policies that are not dependent upon a signed because they believe formal charges and eventual prosecu though its hands are complaint from the victim rein(orce that message. Courts tied behind its back tion are doubtful. Prosecutors may be reluctant to go to with bureaucratic red confirm it by imposing sanctions commensurate with the trial where they are uncertain that the victim will tape, vicariously crime. Such measures not only have a deterrent effect on cooperate or that the judge will impose meaningful sanc reenforcing the the abuser but also provide protection for the victim. tions. Certainly, without any support or guidance, the abuse.-a victim Intervention by the criminal justice system must also victim is understandably the most unwilling to participate recognize and be sensitive to the trauma suffered by the in the criminal justice system. victim. Family violence is a crime occurring in a special The complexities of individual components of the context with very different causes, manifestations and ef justice system also must be considered. For example, in fects. Reporting and successful prosecution requires vic complicated cases, the same matter may be handled in tim cooperation. To achieve that cooperation after the several different judicial forums. A case of child sexual initial call by the victim, law enforcement officials, pros abuse may be the sl.l,bject of juvenile protection pro ecutors and judges, not the victim, ·must proceed with and ceedings for the child, criminal proceediI1.gs against the monitor the criminal justice process. This not only rein offender, and' civil proceedings involving issues of forces the notion that a,buse is a serious criminal act but custody. Research and exploration on methods to lessen , '0 also provides the victim the support necessary to par the trauma of the child victim is needed. I hope the Task Force ticipate in the criminal justice process. will recommend more A coordinated response to family violence by the stringent criminal The response of the criminal justice system, punishing criminal justice system should assign specific respon punishment for the offe'nder and protecting the victim, is a critical ele sibilities for each agency in the system. Law enforcement perpetrators of family ment of a community effort to reduce family violence. officers should presume that arrest is the appropriate violence. . .I believe a That response must be decisive and expeditious and, most 1\ response (See Law Enforcement Recommendation 2) higher standard of importantly, guided by the nature of the abusive act and where there is probable cause to believe a crime has oc behavior should be not the relationship of the victim and abuser. required of those curred, and submit the reports necessary to support the entrusted with the care filing of a complaint by the prosecutor. When there is (; \J of another.-a victim. evidence to support such action, the prosecutor should file charges against the abuser and make it clear that the J!~ 11 if·! L _____..Jlu ______.-....:..._-" ______...l...&.-. ___-'-- ______...... _ ...... _L.LJ _--..._..-.I.___ ...... --"- ______~ __~ ______~, .~_------'-_""" ~ __ ------~------ 14 state, not the victim, is going forward. By so doing, the 15 prosecutor prevents the abuser from pressuring the vic members. Effective community intervention that meets Why should I have the needs of all family members requires the delivery of tim into dropping the charges. Judges also must treat been taken out of the comprehensive and coordinated services. home? I was the family violence as a serious criminal offens.e by impos Most jurisdictions have a number of agencies that victim. I had nothing. ing punishment appropriate to the crime. Even a serious handle family violence cases. Among them are law en I did nothing wrong. )' admonition from the judge to the abuser can act as a My father should have deterrent to future violence. 7 forcement, prosecutors, courts, protective service agen been taken out, not I recommend the cies, 'victim advocate units, and health and mental health The full participation of the victim is necessary at all me. -a victim establishment of cross facilities. But no agency or program can be successful critical stages of the criminal justice process. To obtain agency committees or working in isolation. Each must recognize the interrela boards whose sole that participation, a coordinated response should include tionship among the legal, health, social service and educa purpose it is to a victim advocate (See Prosecutors Recom~endation 1) tional responses to family violence. alleviate system who educates the victim about the operation of the barriers for victims as To develop an effective coordinated response, each criminal justice system and makes l'eferrals to appropriate well as the offender community should establish a multi-disciplinary team group. Probably in no service and victim compensation programs; keeps the vic representing all agencies involved in family violence. 8 other kind of crime do tim informed on the progress in the case; and ensures that Working together, team members can formulate a the systems need to the victim is consulted on decisions regarding plea work together, the bargaining, sentencing and restitution. systematic approach with defined protocols that minimize criminal justice system, the trauma suffered by the victim and maximize the op Strong leadership and direction is needed to bring the the religious portunity to change the abusive of the offender. various justice system agencies within a jurisdiction p~tterns community, and the The team approach should not delay case processing health qnd welfare together. Piecemeal responses are unlikely to succeed. nor detract from the role each agency is expected to per communities. -Karil Coordination must begin at the highest levels of each Rather, a team approach must clearly define the Klingbiel, M.S. W., criminal justice agency. All individuals involved in family ~orm. A.C.S.W. responsibility of each agency or organization while violence cases ril!Jlst realize their responsibilities in a avoiding unnecessary duplication of effort. Recog.n-izing cooperative plan. At the same time, they must be confi that community resources may be limited, this approach dent that individuals in other criminal justice agencies will support and build upon their efforts. " will also result in more efficient use of expertise and in formation. Establishment of a clear performance expec The criminal justice system can playa significant role tation will also make the jurisdictional performance more I in ending the violent behavior of an abuser and protect i ' responsive to the victim. \ , ing the victim from future injury. A coordinated response i, Individual family violence cases would be handled by ! I by the criminal justice system will result in more effec the team consistent with the policies This team I: tive intervention by law enforcement, prosecutors and developed~ I i approach and theprotocois developed for etWh com j' i courts. As a result of this cooperation, the heightened J ~ munity agency will aid in reaching troubled risk of apprehension, conviction and punishment clearly famnl~gand delivering services that protect victims, stop the violence, 1'; will have a deterrent effect on possible abusers. Most im 1 and address its underlying causes and effects. The team portantly, the victim will be able to rely on certain and , approach also will ensure appropriate service referrals for t complete support from the criminal justice system. I· victims and abusers. ! ,.,',; Multi'it;iisciplinary, , teams can be particularly effective Justice System Recommendation 3: in addressing the special needs of physically and ~exual1y We found that one Communities should develop a multiRdisciplinary team abused children. Frequently, abused children suffer ad child victim averaged \) to investigate, process and treat all incidents of family ditional harm from the justice system and other com fifteen separ(lte violence, especially cases of physical and sexual abuse of munity agencies. The most disturbing example is the prac interviews. -':'Deanne 'Ii: Tilton, Service ;,. children.:c~::::::::c-- tice in some jurisdictions of repeated interrogation of the i~ Provide;" ,,\\ ,,,.. child. In many cases, children are subjected to over a ,l. dozen grueling and detailed investigative interviews. 9 ttl;;. ! The needs of family violence victims and ,,:.>!t -.. I are~lrse and insensitive interview procedw'es often ,j.";Ii!',_ ( complex. Moreover, violence within the family ~~ars not Dupli~ative :~') lead to greater trauma for the child and family and iF ' only the yictim and the abuser, but all other family ~\ ------ 16 17 frequently result in less effective intervention and 2. Consistent with state law, the chief executive of prosecution. every'law enforcement agency sh\)uld establish arrest as Multi-disciplinary teams can avoid the repeated inter the preferred response in cases of family violence. viewing of children, as well as elderly victims who often 3. Law enforcement officials should maintain a cur }' are put through the same ordeal. One team member, rent file of all protection orders valid in their jurisdiction. knowledgeable regarding the legal process and treatment 4. Law enforcement officers should respond without considerations, with consultation from other team delay to calls'involving violations of protection orders. members, can conduct a videotaped interview of the vic 5. Forms for obtaining protection orders should be tim. Other team members can '.observe the actual inter available at aU police stations and sheriffs' offices. view from behind one-way mirrors and then receive a 6. When responding to disturbance calls, law enforce copy of the tape recording for future use. By fitting the ment officers should document violations of pre-trial interviewer with an earpiece, other team members can release conditions. The report should verify the facts and suggest additional questions that may be necessary based circumstances necessary for the prosecutor to request on the victim's answers IO (See Prosecutors Recom revocation of the release. mendation 4 and Judges Recommendation 3). An alter native team interview method involves one joint interview What I have found Discussion works better than by all persons needing information on the case. This in anything else with a terview also could be videotaped or recorded for future child is anatomically reference. Law Enforcement Recommendation 1: correct dolls. They In all cases, the interview should take place in a com All law enforcement agencies should publish operational , can't tell you but they fortable, nonthreatening environment. Particularly in procedures that establish family violence as a priority can show you.-Dr. Bruce Woodling cases of sexual abuse, interviewers should use ana response and require officers to file written reports on tomically correct dolls to help the child or elderly person all incidents. In addition, the operational procedures effectively and without embarrassment describe the abuse should require officers to: or ,molestation they. have suffered. II Communities must identify existing resources and • Process all complaints of family violence as bring together all gtoups addressing the problem of family reported criminal offenses. violence at the local and state levels. A multi-disciplinary • Presume that arrest, consistent with state law, is the team made up of representatives of all agencies dealing appropriate response in situations involving serious with family violence can focus public attention on the injury to the victim, use or threatened use of a seriousness of the problem and deliver the services weapon, violation of a protection order, or other necessary to meet the needs of the victims. This coor imminent danger to the victim. If an arrest is not dinated intervention by each jurisdiction can facilitate the made, the officer should clearly document his most effective response to family violence incidents, par " reasons in the incident report (See also Law En ticularly the sexual abuse of children and the elderly. forcement Recommendation 2). • Provide the victim and the abuser with a statement of victim's rights. The officer should inform both Recommendations for Law parties that any person who uses force to physically Enforcement injure a household member has violated the law. The officer should inform victims that they have ! the right to be protected from further assault and I . 1. All law enforcement agencies should publish operaN ab~~se, to press' criminal charges against the abuser tional procedures that establish family violence as a !, '.' )' I and obtain an order of protection from the court. priority response. and reqnire' officers to file written:1 I , T!lkp!l writtpn statement Gr'''m .... "" ":c~:m !~ o-..JI -- -- - ., ...... _...... " .A "II~ .... 1.11 III I-ll er reports (wall incidents. In addition, the operational pro r to assist in the effective criminal prosecution of the cedures should require officers to perform a variety of Ijt offender. The statement should indicate the fre II activities to assist the victim. (See Discussion) quency and severity of prior incidents of physical ! hJ H 11 r L.-______~ ______.:.. _ __.;____ ..l...IL.._ ___ "______~~ ~ _ __'__~__...._.....>.._~ ______~ ____~ ______11 k:.) .. 'I '.') ..I...... 19 abuse by the assaulter, the number of prior calls for agencies around the country, calls involving family One of the police assistance, and, if known, the disposition of those I vioAence are usually given a low priority because police calls. officers would come have traditionally reflected community attitudes which into . . . my room and • Complete a writ~enreport documenting the officer's considered violence within the family a private, less v,,'rite tickets with us observations of ithe victim, abuser, visible injuries, serious matter than violence between strangers. Police and play while another policemen would try to weapons present, and any other circumstances or dispatchers and emergency call operators, carrying out facts significant to the abuse situation. When possi I help you and dad I the community's priorities and law enforcement agency straighten out stuff, ble, the officer should photograph any personal in practices, may often give the impression that a family and when they left dad juries or property damage sustained by the victim. I violence call is a nuisance. Accordingly, minimal infor would beat you up • Interview the parties separately so that the victim mation is requested from the caller and the dispatcher again.-daughter of a spouse abuse victim can speak freely without being inhibited by the or emergency call operator assigns it a low dispatch pri presence of the offender. ority. Consequently, intervention by the patrol officer • Instruct the abuser to leave the premises. This may be slow and inconsistent. should be the preferred action when an arrest is not Once on the scene, the patrol officer generally focuses made. If the victim chooses to leave the residence, on the relationship between the family members rather the officer should standby and preserve the peace. than the crime committed by the abuser. Officers have The officer should remain at the home for a . . . A domestic situa been trained to mediate the situation without making an tion . . . is looked at in reasonable period of time to allow the victim to arrest, and, in some cases, no report is filed. Believing an entirely different remove personal and necessary belongings. eventual formal prosecution uncertain, the responding of light. As soon as you • Inform the victim about a shelter or other ap explain to the ,t ficer may attempt to dissuade the victim from pressing propriate victim assistance services if available in charges or even filing a report. police. . . she is mar the community. I ried to him . .. no one The FBI reports that nearly 20 percent of all homicides takes the situation • Arrange or provide transportation for the victim to I in this country occur among family membersY In one seriously.-Sister of a shelter, medical treatment facility, or other ap city, police had been called at least once before in 85 per deceased spouse abuse victim propriate victim assistance agency. cent of spouse assault and homicide cases. 13 In 50 per • Remove dangerous weapons for a reasonable pe cent of these cases the police had responded five times riod. for safekeeping. If a weapon is used in the com I to family violence incidents prior to the homicide. 14 To mission of a crime, standard law enforcement pro reduce this escalation of violence and prevent these fre cedures require custody of the weapon as evidenceo quently tragic consequences, all law enforcement agen Law enforcement policy should also require cies should publish operational procedures that establish removal of weapons for safekeeping in incidents of family violence as a priority response and require officers family violence, especially when the weapon could to file written reports on all reported incidents. Because be used in the immediate future by the offender to law enforcement is so often the only agency family further harm or kill the victim. members call for help, it is important that these policies • Verify the existence of an order of protection at a are energetically supported at the highest levels of the central warrants unit if the offense involves the department. That means implementation begins with the (~ violation of such an oloder. chief and continues down the chain of command. .'1 • Provide the victim with an information card that Dispatchers and emergency call operators have the first specifically notes the officer's name, badge number, There were times when ~ontact with a family violence call and their actions deter he was very sorry and report number and follow-up telephone number. mine the speed with which the call for assistance is han said it would never "{ dled. They should be trained to understand the need for happen again, and it r { '~II swift a,ad responsive law enforcement intervention and always did. I had black l A law enforcement agency is USll3.11y the first and often eyes, disconnected the only agency called upon to intervene in family violence to screen and properly classify family violence .~alls. They shOUlders, bruises all incidents. Yet, in a large number of law enforcement should ask the caller specific questions about the nature over my body-I also of the violence, extent of any injuries, weapon use or had bald spots on my threatened use, when the violence occurred, and the head from all the hair whereabouts of the abuser. Dispatch priorities should be yanking.-a victim t ,f ~- i \If li I 20 I !tl l' , <', __ ~ _ .~~~ __ _ 21 assigned according to the seriousness of the injuries, II1 at the scene; compl~ting the necessary case investigation; This was one of the threatened harm to the victim, presence of a weapon, and Ii11 presenting the case to the prosecutor for review (see Pros biggest helps, when the 1 whether or not the abuser'is still on the premises. An tii ecutors Recommendation 1); informing the victim of case officer took what I was I assault in progress should be assigned an immediate saying seriously, and i progress; and maintaining a file on each case and its I' resifonse priority. Dispatchers should inform the caller he showed enough 11 disposition. Even when no charges are brought, the of the intended response and how long it wiil take for concern to come back II rep~rts illustrate and document violent incidents that may and check on me the 11 an officer to arrive at the household. In volatile situa h be useful in establishing an abusive pattern for future next morning. That tl tions, the operator may choose to keep the victim on the made me feel like 'I prosecution. The officer also should participate in basic Ii line until an officer 'arrives at the household or may ask somebody was really " training at the police academy and conduct periodic in il the victim to meet the officer at a secure location, such concerned.-a victim " service training. Based on the reports, files, and the prog ~ as a neighbor's house. I5 Ii ress of the cases, the officer can provide other officers ~ Written departmental policy should also require ',"'--1 i with practical guidance on the necessary actions in re ~ responding officers to file written reports on all incidents ! sponding to calls of family violence (See Education and ! of family violence, whether or not an arrest is made. " Training Recommendation 2). Without written incident reports, conforming to a stand I To provide the most comprehensive and effective ard format, law enforcement agencies do not have a com response, operational procedures also should require the plete or accurate indication of the extent of family I! officer responding to family violence calls to: process all i, violence in their jurisdiction. Failure to keep accurate complaints of family violence as alleged criminal offenses; He would have stopped ! records also results in the 10ss of much background in- 1 c- presume that arrest, consistent with state law, is the ap the violence long formation and other evidence necessary for appropriate before if .the police had ('., propriate response in cases of family violence; provide criminal prosecution. arrested him in the the victim and abuser with a statement of victim's rights; With incident reports for each call, law enforcement beginning. In the take a written statement from the victim in order to assist agencies can develop call case histories for residences in /1 beginning, he was \ in the effective criminal prosecution of the offender; com afraid of police. He volved in family violence. Police and sheriff's depart plete a written report documenting the officer's obser was afraid of going to ments, particularly those with computer-aided dispatch, vation of the situation; interview the parties separately jail and losing his job. . should record and store aU pertinent information on fam But when he saw that so that the victim can speak freely without being inhibited ily violence calls according to street address and apart the police were not by the presence of the offender; instruct the abuser to ment number. Dispatchers can then advise responding of going to touch him, he leave the premises; standby and preserve the peace if the came right back and ficers of pr~9r family violence incidents at a particular victim wants to leave the residence; inform the victim the violence got worse, The abuser goes to residence, the specific circumstances of previous calls, about a shelter or other appropriate victim assistance serv and he got bolder.-a trial with a clean whether or not weapons were ever involved and what ac victim record because he has ices if available in the community; arrange or provide tions were taken to resolve the calls. With that never been arrested. transportation for victims to a shelter, medical treatment "iOil)a,,~kground information, the responding officer can more With the central facility or other appropriate victim assistance agencies; registry (of domestic effb~ctively intervene in a family violence situation. remove dangerous weapons for a reasonable period for dispute incidents) we Written reports should also be r.outinelY referred to safekeeping; 16 verify the existence of an order of protec are able to document victim assistance agencies and the prosecutor's office. In the number of police tion at a central warrants unit if the offense involves the dependent of criminal proceedings initiated by the pros responses to the violation otsuch an order; and provide the victim with ecutor, victim assistance professionals and volunteers can particular home. an information card that specifically notes the officer's District Attorney contact both the victim and abuser and refer them to name, badge number, report number and follow-up Jeanine Pirro counseling, treatment programs and other community telephone number. Operational procedures should allow sources of emergency assistance. sufficient time flexibility to enable officers to fulfill these Law enforcement agencies should have officers spe responsibilities when answering a family violence call. cially trained and assigned to investigate and follow-up A comprehensive \vritten departmental policy will en~ on family violence cases. The officer's duties should in sure consistent law enforcement response to incidents of clude meeting with the victim to verify the statement taken family violence. All officers will have a better understand ing of the complexities of family violence, the pres sures on the victim not to report and the appropriate = '« > . « ------~------,--I----______ 22 23 intervention necessary. Law enforcement will not only from the home or superficially mediating the dispute. This When my husband effectively meet the immediate needs of the victim but arrest avoidance policy, based on incorrect social science tried to kill me, 1 also will help to prevent the tragic escalation of violence assumptions, IS emphasized by all segments of the finally called the that all too frequently ends in serious injury or death. criminal justice system. It starts with initial training in police, who came, took the police academy which teaches the officer that arrest a look at the house and at me and we were is usually inadvisable. This is reenforced by the actions both broken and Law Enforcement Recommendation 2: of the prosecuting attorney who generally does not issue bloody, asked if my Consistent with state law, the chief executive of every law criminal charges or routinely prosecute these cases. Many husband was gone-he enforcement agency should establish arrest as the pre judges also act in ways to discourage arrest by setting low was-and said, IiJ Understanding the potential that arrest and overnight f' Law Enforcement Recommendation 4: incarceration have for protecting the victim and reduc r , ' Law enforcement officers should resp()nd without delay ! ~ ing the likelihood of future assaults, there is a clear need to calls involving violations of protection orders. ~ I to integrate the policy of arrest as preferred intervention A~ u I, .. ------"'- -- 11 1.---,)1 ., V 26 27 Some family violence victims do not first seek help from law enforcement. Rather, they obtain formal pro- Recommendations for , tection orders from the courts in an effort to temporarily prevent reccurring violence and harassment from the Prosecutors abuser. But since many of these orders are issued by civil courts and their violation is a civil offense not subject 1. Prosecutors should organize special units to proc Family violence is a to arrest, officers consider the matter to be )?ne in which ess family violence c~ses and wherever possible should vicious circle. You try use vertical prosecution. to get help and nobody they are unable to intervene. By their ina~tion, law en wants to help you. You forcement officers are unintentionally eroding the pro • The units should work closely with victim assistance must get an injunction, tection the victim has secured from the court and possibly providers. and then, it's almost contributing to an escalation of violence. • The units should review all law enforcement reports impossible getting Because the principal objective of the protection order involving incidents of family violence whenever anyone to enforce it.-a victim is to prevent further harm, law enforcement personnel possible. " should vigorously enforce the intent of the order. 2. The vicHrii should not be required to sign a formal Although the violatioJ.lpf the order is usually a civil of complaint agnhlst the abuser before the prosecutor files fense, it also may involve criminal behavior. The existence charges, unless mandated by state law. and validity of the order often gives the officer a basis 3. Whenever possible, prosecutors should not require for probable cause to file charges for trespass, disturb family violence victims to testify at the preliminary ing the peace or other appropriate criminal offense. The hearing. official report or arrest then in turn becomes the basis 4. Prosecutors should adopt special policies and pro for the court to impose a contempt order or otherap cedures for child victims. These should include: propriate sanction on the a.buser. • Presenting hearsay evidence at preliminary hearings When he was picked In conjunction with prosecutors and judges, law en so the child is not required to testify in person; up two weeks after the warrant was issued, the forcement agencies should develop special policies for • Presenting, with consent of counsel, the child's trial police told me that consistent~ and appropriate enforcement of all protection testimony on videotape; Family Court warrants o¥ders. Once ~h:se policies have been articulat~d, com • Use of anatomically correct doUs and drawings to are low priorities.-a prehensive trammg of law enforcement slJ.pervlsors, of describe abuse; and victim ficers and dispatchers must be initiated, followed by • Limiting continuances to an absolute minimum. subsequent monitoring to ensure that the policies are S. If the defendant does not remain in custody and implemented (See Education and Training Recom when it is consistent with the needs of the victim, the pros mendation 2), ecutor should request the judge to issue an order restrict ing the defendant's access to the victim as a condi!ion of setting bail or releasing the assailant on his own Law Enforcement Recom.ri:endation S: recognizance. If the condition is violated, swift and sure F(tnns for obtaining protection orders should be available enforcement of the order and revocation of release are at allpoIice stations and sheriffs' offices. required. , c' See Judges Recommendation 4. " Discussion Law Enforcement ,Recommendation 6: When 'responding t'~ disturbance calls, law enforcement officers should document violations of pre-trial release Prosecutors Recommendation 1: conditions. The report should vedly the facts and cir Prosecutors should organize special units to process fam cumstance~) necessary() for the prosecutor to "request ily violence cases and wherever possible should use ver- revocation of the release. tical~pl'Osecution. :' • The units should work closely with victim assistance providers. See Judges Recommendation 8. . " 28 .. • Th~L units should review all lawq enforcement reports Staffed with both attorneys and victim assistance pro invdlving incidents of family violence whenever pos fessionals or volunteers, the unit should review all law Vertical prosecution II develops trust between sibl«~. enforcement reports involving incidents of family violence the victim and the whenever possible (See Law Enforcement Recommenda prosecutor. An in )) He's a very good liar. tion 1). Not all cases will be appropriate for prosecution. dividual relationship of Becausie family violencejnvolves offenses inflicted not trust and concern that He looks very sincere. only agaii~st the individual but against the state as well, ~ow~ver, in all cases, victim assistance personnel can pro He promises anything VIde Important referral information to both the victim both minimizes the prosecuti~~n is a critical element of intervention. Pros negative aspects of the you want to hear. He and abuser. Sources of treatment and counseling are par promises that hz will ecutors caln playa key role in holding abusers account legal process and also do anything, lots of able for their actions and at the same time help to pre ticularly important for families working to resolve the strengthens the case. tears and, 'I'm so underlying causes of abuse and break the cycle of Prosecuting Attorney vent future violence. But without special units successful Norm Maleng sorry, and I love these prosecution of family violence cases is rare. At each suc violence. Prevention of future violence is definitely the children, I would never cessive stage in the justice system, the number of active goal. Referrals also can be made for housing, medical do it again . .. ' You services, financial aid and other sources of emergency want to believe that it's cases drops dramatically. 19 assistance. just a mistake, but it's The trauma and aftermath of violence within th@ fam not a mistake.-a ily has a profound and significant effect upon both the In cases that do go forward, the victim assistance pro victim abuser and victim. Too often abusers deny, minimize or fessionals and volunteers can provide important advice excuse their violent behavior. Even after the mosfI violent and support to the victims as well as the prosecutors. In aI}d destructive episodes, abusers typically go through a addition to l!!aking referrals to service and treatment period of remorse seeking reconciliation and forgiveness. resources in tfte community, victim assistance p~rsonnel ·'i can f~miliarize the victim with the criminal justice proc Unfortunately, repentance is generally shortlived. With i ess out some type of intervention, the violence commonly and ensure victim participation in every ~tage of the . escalates in frequency and intensity. court proceeding. The companionship and reassurance In addition to'suffering physical injuries inflicted by of the victim assistance professionals and volunteers also . the abuselr, victims of family violence often blame can help the victim to deal with harassment or intimida The beatings started themselves for the abuse. Guilt, shame and embarrass tion by the abuser and to prevel1t further victimiz~tion. gradually and escalated ment make them reluctant to seek help and increases their Victim assistance personnel also c~n help to facilitate con over the fifteen year feelings of isolation and hopelessness. Because violence venient court dates, arrange transportation to court pro period we lived \ . ceedings, ensure that the victim has a secure place to wait together. First [they] is often learned behavior, many victims may even regard before testifying) and intercede with employers or were accidents, then violegce a~ a normal part of a relationship. creditors of the victim. Working closely to support the something I deserved Fe~} of ifurther violence, particularly fear of reprisals or provoked.-a viCtim victim, victim assistance professionals and volunteers also from an abuser who is angen~d by the steps the victim can aid the prosecutor by increasing victim understand has taken fbr protection, ofteh makes the victim hesitant ing and cooperation. to particip~~te in the criminal justice system. Economic or emotion;al dependence, promises of change from the The attorneys of the unit develop an expertise in deaf ing with family violence that results in more accu~ate case .abuser, or ~l. fear that the family might separate also con- \ . \. tributes to a victim's reluctance to cooperate with criminal evaluation and more effective prosecution. The creation proceedinRS: . of a special unit also fosters the development of an in dividual bond of trust and concern between the victim Prosecutors must recognize that these special concerns and a prosecutor sensitive to the complexities of family of family violence victims need not make them unwilling violence. .. or uncooperative complainants and witnesses. Rather, prosecutors .must approach cases of family violence from a fresh pers]Jective and be flexible and sensitive in deal Prosecutors Recommendtion 2: ing with the emotiOnal complexities of these cases. To The victim shmdd not be required t~iC;igiJ. a formal com most effectively build upon. police intervention, pros plaint against .the abuser before the prosecutor files \:::' ecutors should organize sp@cial units to process family charges, unless map~~ted by state law. ...... j •.:.:-::.. ,/ violence cases.20 () "~I L_~!!Ii _____-======:=;:=====----.L~_-L_----.6..-~'----"'-.~ __~ _____ ~~ __ 30 31 Prosecutors Recommendation 3: When there is sufficient evidence of criminal conduct Whenever possible, prosecutors should not require family to file charges against the abuser, the prosr;cutor should violence victims to testify at the preliminary hearing. not first require the victim to sign a formal complaint. 21 Requiring the victim to do so makes it appear that the victim is responsible for charging the abuser. Given that Testifying in court against another family member or impression, the defendant will often harass, threaten or loved one can be a very painful experience. As unpleas Appropriate considera otherwise attempt to intimidate the victim into dropping ant as it may be to discuss the family situation and history tion of the Victim The fact is that more the complaint. The prosecutor must relieve the victim of of abuse in open court in front of strangers, it is even results in better cases end up not being cooperation with law prosecuted because the this pressure by filing charges without requiring the vic more disturbing to do so in the presence of the abusive enforcement, helps victim . . . decides to tim to sign the formal complaint. It is the prosecutor, family member. The preliminary hearing is one pro restore confidence and fold his tent. This fact on behalf of the state, and not the victim, who initiates ceeding at which it should not be necessary for the vic will, therefore, make of life has to be dealt prosecution when the elements of criminal conduct have tim to testify in person. At this initial examination of the the system work more with and the advocate been determined. The prosecutor and the judge, not the evidence to consider whether there is a sufficient basis effectively. This really program is our way of victim, determine whether the case is prosecuted or for prosecution, there is no federal constitutional right is the bedrock, doing thal.-District improving the Attorney Sam Millsap dismissed. to confrontation as there is at trial. confidence in our Anyone who has worked in this area has experienced The sufficiency of hearsay evidence at a preliminary criminal justice situations when the victim does not want to go forward. hearing is firmly established in the federal courts as well system.-Attorney That desire is manifested in several situations. as a number of local jurisdictions. For the purposes of General Kenneth A witness simply may fail to appear even though sub I the preliminary hearing, the testimony of the law enforce Eikenberry poena~d.Such a failure may reflect the witness' desire ! ment officer, or investigator or other appropriate witness, to nq'longer see the case proceed, but it also may be,the f that initially interviewed the victim, should be sufficient. resutt of intimidation or actual injury. It is incumbent The victim of family violence is spared the harassment on tbe pfos~ ;;~ltor to investigate the case. and intimidation caused by repeated unnecessary ap At~other slmation arises when the victim voices a desire pearances, continuances, and confrontations with the to ha~~~ the matter dropped. As has been discussed, these abuser. As a prosecutor, J have seen relief on a victim~; are frequently ambivalent about the entire proc- woman's face, relief ess an(tl what would best suit their needs. ". Prosecutors Recommendation 4: when J have said, iJ Sori}e hesitation may be fear of the unkno.wn. But \' ,-.' < Prosecutors should adopt special policies and procedures am sorry, J am not when Vl:9tims actually find themselves in courtpresented for child victims. These should include: waiving'. . . it works, it with the\?pportunity to testify, they frequently become really does work; • Presenting hearsay evidence at preliminary hearings confiden~\ enough to the initial investigative interview through case (/ a >. » \ , '= • .. "., ': . ~,--.- -,'... -_ .. .." .. , .••.. ,:,,"~',.. ----...-. 6J." ...... _"~_ "" .-..' '_._ .•. P ....,,, "~'""~'H 32 33 development and prosecution, and imposition of can weaken the prosecution's case as the child's memory I feel that being a sentence. Task Force testimony cited many instances of the crime may diminish. Prosecutors should vigorously victim of the criminal where children were put through numerous and grueling oppose any attempt to delay cases involving child victims is terrible enough, but These children do not interviews, repeated continuances and painful question and should absolutely minimize continuances. when you're then . . . a suffer from the 22 victim at the hands of trauma, usually, of one ing in the courtroom. Rather than giving the child the respect and compassion needed, theseproce,dures redu(!e the justice system, it is sudden, frightening Prosecutors Recommendation 5: a travesty.-a victim attack, but in most the child to an automaton, caught in the adult drama of cases were subjected to the courtroom. If the defendant does not remain in custody and when an abusive and secret To enable children to more easily and effectively relate it is consistent with the needs of the victim, the prosecutor relationship over a the abuse they have suffered, prosecutors should adopt should request the judge to issue an order restricting the period of months, or defendant's access to the victim as a condition of setting years. -Doris Stevens special procedures for child abuse and molestation cases. At the preliminary hearing the court considers only bail or releasing the assailant on his own recognizance. whether the evidence is sufficient to go forward with pros If the condition is violated, swift and sure enforcement ecution. The prosecutor should not require the child to of the order and revocation of release are required. testify in person. Consistent with state procedures, a videotaped statement, testimony by the child to a law en See Judges Recommendation 8. forcement investigator, or other such presentations should be adequate. If the state rules of procedure. do not provide for such presentation, the prosecuting offices should work with concerned citizen groups and Recommendations for lawmakers to modify the rules of procedure to make such Judges a presentation possible (See Judges Recommendation 3). The child's videotaped testimony also may be suffi cient for use at trial with the consent of counsel and ap 1. A wide range of dispositional alternatives should propriate waivers and stipulations from the defendant be considered in cases of family violence. In ali cases, (See Judges Recommendation 3). While it may appear prior to sentencing, judges should carefully review and that the defense may not consent to such a procedure, consider the consequences of the crime on the victim. the defense runs a tremendous risk by insisting on the 2. Judges should treat incest and molestation as appearance of the child victim and subjecting a sym serious criminal offenses. pathetic victim to cross examination. Thus it may be in 3. Judges should adopt special court rules and pro the interest of both parties, and certainly in the interest cedures for child victims. These should include: of the child, to allow for the presentation of testimony • The Use of hearsay evidenc~ at preliminary on videotape. hearings; In interviewing the child, it is particularly important • Appointment of a special volunteer advocate for i ,', that the prosecutor recognize the profound impact that children, when appropriate; She was asked exact crimes of abuse and molestation have on a child. Inter • A presumption that children are competent to times and dates, which testify; she told them she views and statements required for trial preparation should could not remember. be kept to a minimum. The initial interview with the child • Allowing the child's trial testimony .to ~e pre She was then made to should be videotaped to avoid repeated sessions of ques sented on videotape with agreemen~ of counsel; feel that because she tioning. The prosecutor also .should use anatomically cor • Flexible courtroom settings and procedures; and could not remember, rect dolls or drawings to help the child describe, the • CarefuUy managed press coverage. she was lying.-a abuse. 23 victim's mother 4. Protection orders should be available on an Repeated continuances can be extremely damaging to emergency basis in faJUily violence cases. a child. It is important for a child to be able to put the 5. Judges should establish guidelines for expeditious \ .incident behind him and get on with his life. Certainly bandling of family violence cases • parents may be reluctant to permit their child to continue 6. Judges should admi't hearsay statements of family in a system fraught with unnecessary delay. Delay also violence victims aFthe preliminary hearing. 34 3S 7. Expert witnesses should be allowed to testify in the abuser, the victim, fearing incarceration of the family violence cases to familiarize the judge and jury person who is the sole source of economic support, is with the dY!tanpcs of vioh~nce within the family. reluctant to seek the aid of the court. In these and other 8. In grtrifuig bail or releasing the assailant on his own appropriate cases, judges should use a variety of sentenc recognizaJce, the judge should impose conditions that ing and incarceration alternatives. restrict the defendant's access to the victim and strictly When some type of confinement is essential, judges We should attempt to enforce the order. may sentence abusers to weekend or evening incarcera look at the crime they tion. Such sentences punish the abuser yet still allow him have committed, the Discussion to continue to work and provide financial support to his length and ext,ent of family. Judges also should use other creative types of their abuse of a child, and that should be the sentences that include no-contact orders or work Judges Recommendation 1: determining factor on furloughs that hold the abuser accountable for his crime "A, wide range of dispositional alternatives should be con what happens to them, and yet permit continued economic support to the family. not lots of extraneous sidered in cases of family violence. In all cases, prior to When appropriate, other alternatives should be used. factors. -Jennifer sentencing, judges should carefully review and consider With criminal charges and formal courtroom proceedings James, Radio and the consequences of the crime on the victim. Television pending, pre-trial diversion requires an abuser to par Commentator ticipate in a treatment or counseling program. Com Just as the courtroom is the ultimate focus of the : . criminal justice system, the imposition of a just sentence ponents of court-mandated treatment programs should is the desired culmination of any criminal judicial pro include instruction in anger management and non-violent ceeding. The sanction rendered is not only punishment conflict resolution. Upon successful completion of the for the offender but also an indication of the seriousness treatment program and any other conditions of diversion, the trial is indefinitely postponed. of the criminal conduct and a method of providing pro tection and support to the victim. Too often, in family Pre-sentence diversion, while allowing conditional release, requires a convicted abuser to participate in the violence cases, the sentence fails on all three counts. I think that . .. when The criminal justice system has traditionally considered same kind of treatment program. As in pre-trial diver we venture too far family violence to be a personal matter that should be sion, sentencing and possible incarceration are indefinitely away from notions of resolved without resort to the legal process. Placing the delayed upon successful completion of treatment and any accountability and punishment and too far family, ideally a source of unity and suj)port, into the other diversion condition. In either type of diversion, failure to participate in or successfully complete treatment into a straight treat adversarial setting of a courtroom seem~~d unthinkable ment modality with no The physical abuse and inappropriate. However, the testimoity of hundreds should result in immediate resumption of prosecution or components of puntive sentencing. escalated during the of family violence victims demonstrates ~~at judges and sanctions, that we marriage in frequency judicial proceedings are critical componeias necessary to Making the abusers accountable for their conduct in allow offenders to look and seriousness over cludes financial responsibilities. In addition to con at themselves as 'sick' time and so did my end the violence and restore the vitality of/lfamilies caught tributing to the cost of their own treatment, abusers and therefore somehow feelings ojguilt, of in the abusive cycle. 24 Ii less accountable for shame about it, of In all cases when the victim has suff~~red serious in should also, when appropriate, provide restitution to the their actions than other dependence on the rei,!, jur!, the con:icted abuser. shoul~ be se~tifnced to a term victim for expenses incurred as a result of the violence. people. -Prosecutor tionship and a Rebecca Roe of IncarceratIOn. In cases Involvmg a hls~lory of repeated Judges should order the abuser to reimburse the victim desperate desire to be a for all expenses resulting from the crime. These should better person so he abusive behavior or when there is a sign~ificant threat of would not beat me.-a continued harm, incarceration is also the preferred include lost wages, medical, counseling and other treat victim disposition. In serious incidents of viol~~nce, incarcera ment fees, and replacement value of any· property tion is the punishment necessary to hold the abuser ac destroyed by the abuser. In the event that a judge does countable for' his crime. It .also cle~irly signals the not issue such an order, he should specifically state his seriousness with which the offense is vie~red by the com reasoning for not doing"so in the record. In many cases, munity and provides secure protectioh 'to the victim. members of the family, other than the direct victim, are ,In many instances, the victim simply iwants an end to affected by the abuse. This is particularly applicable the ~iolence. Particularly when financialJy dependent on to children who have witnessed spouse abuse or the • - (I -~-~~--- -~--~~------ 36 37 innocent parent in cases of incest. Their treatment fees Judges must take the lead in exploding the myths sur also should be paid by the abuser. rounding the sexual assault of children and treat incest ' As noted by the President's Task Force on Victims of and molestation as serious criminal offenses. Children /' Crim~l only the victims can truly convey the con,sequences rarely ever lie about sexual abuse. However, false retrac of the crime they have suffered. It is especially impor tions of true complaints may be common where children tant in family violence cases that judges consider victim are pressured not to testify against a relative or friend. impact statements prior to sentencing. In the calm of the While a child might not suffer obvious physical injury, courtroom, weeks or months after the abuse, with ob the deep emotional and psychological scars may never vious physical injuries healed, violence within the family heal. The child's youth and innocence are marred by a may seem very far remcwed. But for the victim, the crime whose name they do not even know. physical and emotional scars, to say nothing of the finan Yet the perpetrator is most often someone the child Contrary to lingering cial burden, continue. Judges must carefully weigh these does know, or even loves and trusts. Just as the children very painful and long-lasting effects of abuse in render myths, the pedophile who are victims of sexual assault come from every social child molester is ing a punishment that 'is commensurate with the in neither a strong man Jury. and economic level, so too, do the offenders. In fact, the incest perpetrator pr child molester may well be a nor a dirty old man in Judges and the sentences they impose can strongly re respected, prominent member of the community. Al a wrinkled raincoat enforce the message that violence is a serious criminal with a bag of candy. The judge represents though the perpetrators may be dangerously violent or matter for which the abuser will be held accountable. He typically knows his the law to individual use other means of intimidation or threats of harm to victims: . . .He dresses offenders who are Judges should not underestimate their ability to influence sexually assault children, other molesters never use force. and looks like everyone brought into court. the defendant's behavior. Even a stern admonition from Rather, they seduce children into sexual activity with else.-FBI Special The judge's attitude, the bench can help to deter the defendant from future trickery and deception. . Agent Kenneth statements and actions violence. 25 In serious cases, incarceration is the only 1\ Lanning can communicate to an Task Force testimony suggests that incest offenders abuser that their punishment that fits the crime. In other cases judges may act with motivations far different than other child From my own violence is cruel, it is should carefully consider the impact of the abuse and the molesters and may in some instances be amenable to experience. . . once it is cruel and criminal punishment on not only the victim and the abuser, but treatment. 26 However, the molester, a stranger or an out in the open within behavior which will not the entire family. Using innovative and creative sentences. the family that the be tolerated by our unrelated, trusted adult, who sexually assaults a child is that include an effective treatment provision for the' incest is happening. . . society.-Judge Roy O. rarely, if ever, susceptible to treatment.27 Moreover, the the person doing the Gulley abuser ,judges playa significant role in ending the pres despicable sexual preference for 'children is a conscious ent abuse and help to break the tragic cycle of violence. abusing isn't likely to choice that escalates in frequency throughout the continue because pedophile's life. Judges must hold these offenders ac everybody knows then. Judges Recommendation 2: countable for their contemptible behavior by imposing You can't get away with it.-a victim Judges should treat incest and molestation as serious sentences commensurate with the devastating harm suf criminal offenses. fered by the child. Incarceration, whether in hospitals, treatment centers or prisons, is absolutely essential to the [The sex offender] p.rotection of the nation's children. The only true pro needs to be policed fop' Because incest and child molestation are such heinous the rest of his life.-a tection for children from a pedophile is incapacitation victim and reprehensible offenses, many in the community con \ of the offender. '. tinue to minimize or deny the existence of the problem. There is no known The very children and parents whose lives are shattered cure for pedophilia. by these horrible crimes may conceal or deny their un , Judges Recommendation 3: Pedophilia . . . is a way Believe what kids say. thinkable victimization. Evep the criminal justice system, Judges should adopt special court rules and procedures of life.-Det. Lloyd If a child says for child victims. These should includ.e: Martin something. . .J think confronted with these crimes, wants to believe they are you need to pay atten.:. the result of mistakes or misunderstandings. This disbelief • The use of hearsay evidence at preliminary bearings; tion to that.-a victim not only compounds the unjust guilt and blame suffered • Ap.pointment of a special volunteer advocate for by the child,but also allows the offender to continue to children when· appropriate; , prey on children with impunity. • A presumption that children are competent to testify; .. I I 38 ! 39 I • Allowing the child's trial testimony to be presented witness to the crime, a child's testimony may be critical . . . the protection of on videotape with agreement of counsel; I to the prosecution of the case. Children, regardless of children, as far as I am • Flexible courtroom settings and procedures; and their age, should be presumed to be c9mpetent to te~tifY concerned, is as impor tant a right. And I • Car'efully managed/iiie§~ coverage. in court. A child's testimony should be allowed mto /1 ' ,I believe that videotaping '" (( I evidence with credibility being determined by the jury. children's testimony is Testifying in court can be an overwhelming and ex I The jury should be carefully instructed not to h.old the extremely important, tremely trying experience for any victim of crime. The f child to adult standards of. credibility, but to conSIder the especially in the tender testimony in light of the child's age, maturity, and level years.-Jeanine Pirro ordeal can be even more devastating for victjms of fam District Attorney ily violence who must publicly reveal the humiliating and I of development. embarrassing details of abuse. Children are especially To lessen the victim's trauma of testifying in court, vulnerable in the courtroom. They typically feel they are innovative methods must be explored. For instance, somehow to blame for their victimization. Repeating and 1 testimony could be videotaped in a therapeutic at reliving the abuse through direct testimony and vigorous mosphere, for presentation at trial with stipUlation by the My daughter had been cross-examination further compounds their guilt and con parties to both procedure and identific~tio~ (See Pros abused not only by her ecutors Recommendation 3). The questIomng could be father but by a fusion. They become the pivotal players in an unfolding criminal justice system adult drama they cannot understand. The initial trauma done by an Objective Judges Recommendation 8: In granting bail or releasing the assailant on his own .0 recogni~ance, the judge should impose conditions that restrict ihe defendant's access to the victim and strictly enforce the order. j! I feel aperson who is the abuser should be An important reason for intervention and arrest of the taken out of the home, perpetrator is to provide ~ safety for the victim. But un not the one who's be conditional release from custody may endanger the vic ing abused. -a victim tim and allow the defendant to inflict further harm. At arraignment, the defendant may have reason able bail set or be releasednn his own recognizance. In (/ t ' L-__~ __~ ______~k ~> ___~\~,,~.~\ ____~ __~, •• ~ •· .... w·· ~~...... ---~-- ~~---~ ~------,.----- "I I- I " l .... \"'/ -.~ "\ Victim Assistance f) '! \, \ '.-,,- .\"lO \ ~, \ \ , \ "(~ \ ..\ 'h ~,.~~s?i (}'! 46 47 Victim Assistance 4. State-level victim compensation programs should include, where possible, family violence victims as bene The needs for assistance of the victims of family ficiaries. violence range from the most immediate need for safety 5. Because of the criminal nature of family violence, and shelter to long-range needs for post-trauma counsel the federal government should establish a National ing and therapy. Not only do victims of different types Family Violence Resource Center within the Department of family violence have diferent needs, the same need may of Justice. have to be met in very different ways depending on the 6. States should establish Coordinating Councils to circumstances; and the needs of a single victim may assess the needs of family violence victims and to coor change frequently as the process of resolving the problem g9'es forward. dinate the tfse of federal and state funds for family violence victim assistance programs. themes of the following recommendations are: <~;rhe 7. Local governments and community service groups diversity in the types. of services that must be developed should assess the needs of family violence victims and and adaptability in the way that they are' administered. cooperate in the development of ~ictim assistance These requirements in turn place a responsibility on the seivices. community, and especially upon local agencies, busi 8. Vohtnteers and the private sector should playa key nesses, and individuals, as the best source of knowledge role in meeting the needs of the victims of family violence. about local needs and the best source of skills to meet 'them. 9. The federal government should provide financial incentives and encouragement to th~ states to train Recommendations for Victim criminal justice personnel, to conduct a family violence Assistance (; prevention and awareness campaign, and to maintain temporary residential facilities for victims of family 1. Communities should develop and provide a variety violence. l of services for family members that include: 10. States should use creative funding approaches for • " Family life centers financing programs that suppport victims of family violence. • Batterers programs • Drop-in crisis centers r) • Crisis nurseries Discussion • Respite day-care. centers Victim Assistance Recommendation 1: • In-home services Communities should develop and provide a variety of • Shelters services for family members that include: • Safe home networks • Family life centers 2. Shelter policies and practices should accommodate the diverse backgrounds of the residents. • Batterers programs • Drop-in crisis centers 3. The Department of Housing and Urban Develop ment should adopt policies that: • Crisis nurseries • Respite day-care centers ,r' • Place victims of family violence on priority • In-home services Ii~tings for public housing and section 8 certificates; • Shelters • Safe home networks I,'· • Consider only those assets to which the victim has access; and Because family violence is predominantly learned • Qequire local Public Housing Authorities behavior' and cyclical in nature, early intervention is (PHAs) to permit transfers of residents who are " critical in averting and preventing abuse. No one service victims of family violence, wbensafety is an issue. works ,best for all troubled families or victims of family violence. Many different but related responses are ( . ------______<.'k.J~------ I ...... , \ '~ k .~ 48 required. Shelters have been the most vis.ible r:sponse to 49 a segment of the problem, and they fulfIll :~n Important replication around the country. It is important to note need in providing safety and security ~o: .w0m~n and that the most successful treatment occurs when mandated children who are no longer able to reman" In theIr own by the criminal justice system. The importance of this homes and have nowhere else to go. To Il'1!eet the needs leverage cannot be underrated. of all victims of family violence, local comIl1;'unities should Drop-in crisis centers. A drop-in crisis center functions develop and provide a variety of servicles to fa.~ily on many levels. 3 The center provides counseling to a members. The following are among the ma:ny promIsmg spouse, parent, or other family member who feels he is models heard in Task Force testimony: i losing control. The center is also a source of services to Family life centers. Family life centers i~re one of ~he relieve situational stresses such as family illness or finan promising approaches to the critical task ,hf preventmg cial burdens, a place providing emergency care for family violence. The name itself, "family life center," a battered family member, a referral center for persons has been inviting to people who may be rel;uctant to seek with special problems, such as alcohol or drug de help from other sources. The primary purpose of ~ center pendence, or simply a source of information regarding is to provide family life education that fostlt~rs famIly se!f other family assistance programs available in the com sufficiency, preserves marriages and pr()motes famIly munity. stability and prevents neglect, abuse and n;Ustreatment of Respite day-care centers. The stress of full-time care family memb~rs. The centers provide m~~rriage class~s, of an elderly person can be overwhelming. The care parenting c1as~~s, and self-help groups that de.a~ 'VIth taker's anxiety over the constant responsibility as well as family problems before violence erupts. nn addItIon to feelings of being overwhelmed, angry and socially isolated these services, family life centers provid~,~ crisis services pose a threat to the well-being of the entire family. Even similar to those of the drop-in crisis centiprs. Task Force an occasional break for the caretaker can defuse a poten testimony indicates that family life cent(~rs are most ef tially violent situation. Respite day-care centers Senior programs All the shelters in the fective when organized, housed and st :ffed by profes- provide a place where elderly people, who are otherwise world aren't going to 4 located outside the sipnals and volunteers of commumtY'1• 1/ orgamza• t' IOns. 1 help the men. We have completely dependent on the care of a relative, occa home increase the to be dealt with. If you Churches have been particularly supporti!:ve and successful sionally can spend the day away from home. 4 This af likelihood that signs of don't deal with us, in operating these centers' fords the caregiver a valuable respite from the demands abuse or neglect may i be detected and acted you're going to have Batten~rs' programs. Any discussion qf services for vic of care and at the same time allows the elderly family upon. -Lynda Richard that problem for the tims should include what is one of th~1 most important member an opportunity for fellowship with other older rest of eternity.-a son, Service Provider features of any victim assistance pro~ram: helping the former abuser adults. While at the center, the elderly person can par abuser resolve and end the violent behavior. The Task ticipate in a range of social and recreational activities. Force heard numerous witnesses who ::discussed specific Centers also offer counseling, proper medical and per programs treating all types of abl~sers and incest sonal care, nutritional meals and snacks, and a variety perpetrators.2 Whether the treatment !iIS court-mand~ted of personal education opportunities. A center also may or voluntarily sought by the abuser, programs offer Im offer support groups for caregivers that provide an outlet portant counseling and instruction in ~nterpersonal skills, for expression of feelings, emotional support, and discus self-discipline and control, anger matilagement and non sion of problems and solutions. violent conflict resolution. These p~.ogrants offer great ,. Crisis nurseries. Crisis nurseries reproduce a home set hope and potential for breaking the destrftcti:e cY~le i ting and provide assistance to both children and of violence. It is .critical that all programs dealmg WIth s We believe that parents. Such centers offer temporary shelter and abusiveness is a learned the abuser are subjected to intense review and evaluation. crisis-care for the children and provide services for behavior that can be Since alcohol and drug abuse seem to be involved in many parents that include abuse prevention, parenting infor unlearned; that abusive incidents of family violence, it is important that batter [\ mation and participation in self-help groups. In addition behavior is a relation ers programs work closely with and make referr~ls to to serVing parents experiencing stress as they care for ship as well as an in alcohol and drug treatment programs. With contmued dividual issue. children, a crisis nursery also can be extremely helpful Margaret Johnson, research, development and refinement, hopefully more to the parent who is avictim of spouse abuse. The crisis Service Provider effectivebatterers program models will be available for nursery can provide the parent temporary relief from the responsibilities .. of child care while trying to resolve ------~------~------ 50 J n:aritalproble~ls. Nurseries are staffed by health profes f 51 sIOnals and volunteers and are most effective when open J Victim Assistance Recommendation 2: 24 hours. ~ Shelter policies and practices should accommodate the In-home services. In-home services are especially ap 1\ diverse backgrounds of the residents. propriate for victims of elder abuse and help to provide \"1 safety for the older person in their own home. 6 A serv- Shelters are an important resource for a diverse group ],:,·'.'1 -. ice provider comes directly to the home, comforts and ' of victims of family violence who tnust leave home to assists the victim, advises him of the measures that are II escape life-threatening abuse and have nowhere else to Ii available to end the abuse, and helps the victim follow go. Among the most important services shelters offer for through on the option chosen. Homemaker services and ~ battered women and their children are immediate safety home delivered meals also can help to prevent the in counseling, referrals to alcohol and drug treatment pro~ creased dependeJ?cy of older people that sometimes causes I grams, and assistance in seeking employment and per I a family member to abuse the elderly. The Task Force l manent housing. In providing these services, shelter I also heard examples of in-home counseling for battered i policies and practices should accommodate the varied women and parents who are at risk of abusing their religious, cultural and ethnic backgrounds of residents. children. Women who hold firm religious convictions should be Shelters. Shelters offer safety and security to victims encouraged to contact their rabbi, priest or minister for Women need protec It is my strong belief who are forced to flee their own homes to escape abuse counseling and congregational support. , that if a shelter for tion against violent but have no other place to gO. 7 Shelters can play an in battered women had The dynamics of family violence, the characteristics crimes. Services must been around when my tegral role in helping these women and children rebuild of the abuser and the harm suffered by the victim are be available to all husband first started their lives and establish themselves in the community. In similar in all ethnic groupS.8 But when a family member women in need, in cluding women who abusing me, my addition, shelters offer a variety of services to abused seeks help to resolve the abuse, cultural differences can children and I would speak other languages. women and children during a period of their lives that have a significant impact on the victim. Shelters should We are calling out for not have had to suffer is characteristically filled with anxiety and uncertainty. a/l the damage and be particularly sensitive to communication barriers. In help, and our system years of hell we have For example, these services include individual and group ethnic ,-reas where many people do not speak English, needs to be ready to been through.-a counseling; advocacy services; emergency medical care, materials that publicize the shelter and victim assistance respond to this cry, victim food, clothing and transportation; specialized services for even if it is in Asian or services should be available in the appropriate languages any Hispanic children; and outreach activities to inform the community and assure confidentiality.9 Tape recordings in a lan dialect. -Lupe of available services. Shelters should develop liaisons and guage the victim understands should explain shelt,er ser Arellano, Service referral procedures with other community service pro vices and provide information on other victim assistance Provider viders to ensure that comprehensive services are available programs. IO These recordings can help to make the vic to victims. Since many batterers have problems with We had a woman at tim more at ease in what is already a very frightening crisis one time that came at alcohol or drug abuse, victims should be given ap situation. 2:00 in the morning. propriate referrals to agencies or groups which offer sup The police brought her, port to families of substance abusers. Victim Assistance Recommendation 3: and she believed we were ... a jail.... We had , Safe home networks. A safe home is the private home The Department of Housing and Urban Development of a family that has agreed to provide emergency hous no way of com should adopt policies that: municating with her ing for fC},mily violence victims until permanent living ar until the .morn- rangements can be made. Family members of the safe • Place victims of family yiolence on priority listings ing ... now, with the home, sometimes called a foster family, also provide for public. housing and section 8' certificates', tapes, we're at least friendships, informal counseling, a model of healthy • Conslder only those assets to which the victim has " able to provide wao we family relationships, and moral support. Safe homes are access; and areand what we do and that weW have a par~icularly effective in rural areas or small towns that • Requj~e local Public Housing Authorities (PHAs) translator in the morn cannot support a sepa~ate shelter faCility for victims of to pel.'mit tra~sfers of residents who are victims of ing'7Gfacie Brook~, , c family violence. - = family violence when safety is an issue. - Service Provider c Each year, thousands of women, children, and elderly A.J persons who are victims ofabu~~ flee from their homes. ------~---- 52 53 Many victims feel that this is the only immediate way to Thirty-one of these programs have a blanket provision avoid continued abuse. Yet housing often is unavailable. J was told after her death excluding relatives of the offender from receiving to apply for help for her Local shelters have limited space. Even if space is benefits.14 Thus children who have been -abused by a children to the Victim's available, restrictions on length of stay, housing children, parent cannot receive compensation. Children whose Compensation Board. and other considerations may make shelters an mother was murdered by the father cannot receive com The claim was denied undesirable option for the victim. While the Task Force pensation. In some states, battered wives cannot receive because she was still mar ried to him at the time [of favors" and strongly recommends the removaLof the compensation, even if legally separated. This blanket ex The housing manager her death}.-a victim's abuser, when the victim is forced to leave home, decent clusion is unwarranted and blatantly unfair. . sister told the local domestic long-term housing must be available. violence project that The concern prompting the exclusion has been that an they could refer women Providing such housing is a shared responsibility of offender may benefit directly or indirectly from an award to his program but that private and government groups at all levels. The federal , . to the victim. IS This consideration is often raised in con he would not look government, with its extensive public housing and rent templating awards to abused children who remain in the favorably upon their subsidy programs, can do much to ensure the safety of home with the abusive parent. It also is feared that one applications because he family violence victims. Waiting lists for these programs doesn't want that type family member might falsely claim to be abused to receive of family in his sub- often are quite long. The Department of Housing and comp~nsation, or two or more family members might _sidized program. Urban Development should adopt regulations that give conspIre to defraud the program. Marjorie Field, Service placement priority to victims of family violence. I 1 In None of these fears justifies a blanket exclusion. The Provider determining eligibility for public housing units and sec physical injuries in family violence cases are as serious tion 8 certificates, income or assets to which a person does as those in stranger-to-stranger cases. The emotional pain not have access should not be considered. and suffering often are greater. When violence results in Whyn a family violence victim is already a resident of the breakup of the family, the financial needs of the vic public housing, Department regulations should facilitate tim are especially urgent. Eligibility for compensation and expedite transfers to another housinlt unit when becomes especially important. ' necessary. Although regulations of the Departmenf'do The criteria for eligibility can protect the purpose and not require transfers for reasons other than changes in integrity of the fund and ensure that family violence vic family size, public housing authorities clearly have the tims are not unjustly denied benefits. One measure used discretion to permit transfers for other reasons-for in by many states allows direct payment to a victim stance, considerations of tenant health and proximity to assistance program that has provided services to the vic work. Unfortunately, many housing authorities will not tim.. Another method, adopted by some states , allows a transfer tenants who are victims of assualt, abuse, or waIver of the family member exclusion "in the interest harassment by another household member, even when o f JustIce.· . "16 F or example, this would allow programs there is a serious ongoing threat to the tenanf,s security. to compensate small children, whose father murdered The DepartJpent should adopt regulations which require their mother, a claim that otherwise would have to be local Pt~blic Housing Authorities (PHAs) to permit vic denied. A third possibility is to limit compensation to tims of family violence to transfer to another dwell cases in which the victim is no longer living with the ing when there is a significant threat to the victim's abuser.17 In all cases of payments to children, the funds safety. can be administered through a trust to prevent the abus Victim Assistance Recommendation 4: ing parent froni having access to the money. To qualify for many state compensation funds the vic- State.. leveI victim compensation programs should include, . " where possible, fa!Dily violence victims as beneficiaries. tIm must report the crime within relatively short time I. (","') limits. But children~nd elderly who are victims of sex I " Approximately 38 states now have state-wide compen ual assault may not report their victimization for months sation programs for victims of <;r.f'Ir\e. I2 These programs or even years. Eligibility criteria should allow extended typically compep.sate victims for\inedical expenses, lost rep[irting periods for all cases of sexual assault when the ; (I wages, funeral expenses, and loss of support to the i "'J victim is a child or elderly person. Children threatened /; ViCtim Assistance Recommendation 5: Because of the criminal nature of family violence, the federal government should establish a National Family Violence Resource Center within the Department of Justice. 1 I Federal programs dealing with family violence are as l diverse as the problem itself. Eight federal c:lepartments and one independent agency are directly involved in various family violence activities. IS Within these depart ments., approximately 20 agencies, bureaus and offices have some form of direct management or oversight responsibility for family violence activities. 19 No agency is involved in all aspects of the problem nor does anyone agency catalog results of all completed federal programs and maintain a listing of all current federal research proj ects, services and other programs. The Task Force recommends that a National Family Violence Resource Center" be established within the Department of Justice in 'the Office for Victims of Crime. The Center should: • Maintain a reference list of all completed and cur rent federal researchc projects, services, and programs dealing with family violence prevention and intervention; • Collect and disseminate information regarding i model service programs, statutes, funding methods, and ?~~., ~ I' !;~~,,' ! training programs; ;"ll', if;:: l'*">',' )"" -~ I ______---'- __• ______~ ____~__'~~'....>, ....~_~~....L__~_~ , ___ ~ ______~-, \L, 56 -...... ~...... - I think one of the agencies but to avoid overlap and duplication of services, suffering of their neighbors, the word spreads, individuals, gre{lt benefits we have I to prevent the perpetuation of ntedless or ineffective serv are energized, and action begins. At each hearing, the .~ is to utUize our existing ~ institutions and not ices, to maximize tbe use of limited .resources, and to Task Fotce heard accounts of the many volunteers i £ create new i~stitutif)ns. elevate family violence to a higher program priority. The tl;\roughout the country who have given their time, talent, I We're fortunate that in Coordinating Council would have responsibility to: a~d money to establish shelters, provide child advocacy I many areas of local services, aid elderly victims of abuse, and raise public I government, within one • Identify the highest priority needs for services; political umbrella, we awareness of the problems of family violence. Family • Recommend ways to coordinate various agency violence is a community problem where the needs of the have medical health budgets; organizations, we have victims are well served by volunteer effort and ingenu social welfare organiza • Coordinate state and private programs with feder ity. Task Forc.e testimony indicates that self-help groups tions, we have police ally funded crime victim services; and volunteers t.eamed with full-time professionals in state and'prosecution, and • Undertake appropriC\te research; and and local service agencies are two forms of volunteer we have the tools to • Reconcile conflicting regulations and other inter bring them together assistance that should be widely applied around the through common agency disputes. country. political bonds. Self-help groups provide peer support for both victims Victim Assistance Recommendation 7: Municipal Attorney . and abusers seeking treatment and guidance.22 Survivors Jerry Wertzausher Local governments and community service groups should of family violence and former abuser~ as group members assess the needs of family violence victims and cooperate make an especially worthwhile contribution. Who better in the development of "i~tim assistance services. --, l~;~'}~ . than another victim can understand the pain and confu sion of being victimized by a~otJler family member. No Just as there is an assortment of federal and state pro one can understand the rage frustration felt by the grams and'services for family violence victims, potential and It was found that the offender as completely as another abuser. In the self-help most effective tool for resources for victim assistance services on the commu group, the shared suffering of the counselors and those dealing with families nity level are many and varied. Local government officials being counseled forms a bond that helps to break down with explosive kind of and community groups should work together to assess violence... is the use of barriers, nurtures recovery and changes in abusive the needs of local victims and cooperate in the delivery self-help. -Leonard behavior. Lieber, Service Pro :1 of victim assistance services. Self-help groups have the added advantage of being vider The mayor or county executive should establish a loc,al I I extremely cost-effective. Most self-help groups use the \j working group to determine the extent of the family services of on~ professional therapist who volunteers or We professionals don't violence problem in the community.21 Other members talk to each otFfer. We should include the police chief or shyriff, the city attorney I charges a reduced fee for his services. The shl~ued costs independently notice I per participant are low, thereby facilitating the long-term or county prosecutor, heads of local social service agen t that something may be I treatment that is usually needed. Those who have been cies, key city council members or cOllnty legislators, vic i wrong in a family, but in the program for some time often choose to stay in the because we don't talk tim assistance administrators (See Victim Assistance" '" Tiz'ey used to say, I to each other a child Recommendation 6) ,;lnd representatives of the schools, group so that they can work with new group members. have nothing. Nothing. I'd say, listen you have 011 dies/-Deanne Tilton, churches, hospitals, a,p.d business community. Members "Graduates'"often prove to be effective speakers, fund- Service Provider a Ph.D. in suffering. can then assess the 10dl1 need for family violence preven raisers, and advocates in the community. (.' You are usefut.-Erin tion and intervention ~~rograms and begin to develop the. The second application of volunteers that has proved Pizzey, Author • 'I " necessary serVIces. \1 espeGially effective is in the public sector, where vol unteers are being teamed with full-time professionals in Victim Assistance Rec\bmmendation 8: state and local ~.ervice agencies. For example,. volunteers VoJUI~teers 2'nd the pri,rate sector shouh! playa key role ~ are being used in the courts as special advocates for " I () in meeting the needs the victims of family violence. I 23 \' ' ofII, I children. After being carefully trained, the volunteer a \ • i is assigned to a pendfng child abu~e case. The volunteer Let's start at the begin The n,ost successful ~~omponent of any service program (j ning and agree that advocate studies the history of the case, conducts an caring is the motivator is caring p~ople. Today,\'ithe American tradition of private independent investigation of the facts and represents initiative iIl the public's service is stronger than ever before. ~ to change.-John ! • the child's best interest in all court proceedings. The McPhaul, Businessman When peo~le in the community are informed about the I volunWer remains on' the case until final disposition; 1 ; ,'- \, 'm'. ~:!IC...... ~i ' ! 58 Through Parents' often being the only person who stays with the child United, we've reunited 59 throughout the entire court proceeding. The benefits to • Post Offices donating unclaimed advertising our family .... It's not a samples which can amount to hundreds of in real quick process. It the child and to the cause of justice are incalculable. The took us a period of volunteer advocate program also can be used in analogous dividual portions of soap, shampoo, toothpaste, baby food, and other products. fourteen to sixteen fashion to help the elderly who need guidance and sup months to get the port in dealing with complicated court procedures. • Utility companies training employees, especially family reunited. We meter-readers, to watch for signs of unexplained ac still have a few prob More generally, programs of public-private partner f cidents, illness or neglect in young children and in ! ship have been found to ease the pressure of increasing t· lems. -a former abuser i' their elderly customers. J caseloads on professional service providers, to provide 1,;r continuity as victims mov~ through the social-service and • Donations of facilities for storing other donated '. goods. criminal justice systems, and to augment existing victim assistance services. The usefulness of such partnerships • Use of churches as collection points for canned has just begun to be tapp1ed. goods, toys, clothing, and other supplies. All volunteers working in the field of family violence • Local business people donating financial and m~nagement expertise. are dealing with extremely delicate psychological and emotional issues. It is essential that volunteers for all jobs • Free mailings of an information card listing victim be carefully screened for the necessary maturity and in assistance programs available in the community. terpersonal skills. Once selected, volunteers must be For example, banks could mail a flyer publicizjng a local shelter along with its monthly statement. 24 , carefully trained for the positions they are to fill ami , receive sufficient backup from professional staff. I,,. Volunteers also must be periodically evaluated and steps These are given as illustrations. The possibilities add taken to prevent the' 'burn-out" that is endemic among I up to far more than token additions to the resources of workers in the field of family violence. an assistance program. Donations of in-kind goods and } services can substantially add to the prospects for long The private sector generally also has an important role term institutionalization and stability of victim services. to playas a provider of financial and in-kind assistance. for services to family violence victims. The welfare of The Task Force also endorses the formation of 20/0 Clubs throughout the business community.25 The 2% children and of families is a priority that cuts across every Club concept was started by local and state-level Cham social, economic, and political line. The case for helping I to deal with family violence as a community problem is bers of Commerce and requires that business members pledge ,to give 2 percent of their pre-tax profits to char compelling. Local businesses, community service orga nizations, churches, schools, hospitals, shelters and other j' itable organizations in thei~ community. Currently, the victim assistance groups must work together to provide national figure for business donations is closer to 1 per It's hard to keep your ! cent. It is estimated that an effective 2% Club program j We are convinced that business right side up comprehensive and low-cost resources and services to could generate an additional three to four billion dollars our participation in the when your employees' troubled families. In-kind donations of goods and serv in revenues for charities. It should be noted that the 2 50/0 Club as a socially lives are upside . ices are a readily available resource that can become a !i responsible corporation down.-Family ~rzd percent figure is not an upper limit-some cities have continuing, long-term contribution to shelters and other is more important now Children's Services of established 5% clubs. The practice of tithing, giving 10 victim assistance programs. Some examples cited by than ever before. Kansas City, Inc. percent of one's income to charitable or church organiza witnesses before the Task Force include: ~. Walter A. Haas, Jr., ,I, tions is a continuing source of support to service Businessman I programs. • Grocery stores donating produce, meats, and other I Volunteerism and private funding for family and vic merchandise that are still suitable for consumption \ but perhaps not attractive enough for sale. . tim support services are worthy and often more reliable sources of support than government funding. To mobilize • Phone companies donating yellow-page display this support, a public awareness campaign is necessary space for a prominent listing of all family violence resources and related service agencies. to inform the community of the needs of troubled families. When approached and informed, many in • Taxi companies providing free emergency transpor dividuals and local businesses not only are willing but tation to police stations and shelters. eager to help. . ------~~~---~-- 60 I ...... 61 Victim Assistance Recommendation 9: l Th~ federal government should provide financial incen through the trust funds are 24-hour switchboards and tives and encouragement to the states to train criminal i crisis lines, temporary housing, psychiatric care, legal justice personnei, to conduct a family violence preven assistance, medical assistance, emergency transportation, tion and awareness campaign;and'1o,'maintain'temporary school placements, and prevention services. The Task residential facilities for victims of family violence. I Force recommends that new and existing trusts be 1 broadened to include funding of services for victims of elder abuse. See Federal Executive and Legislative Recommenda ,:tum 5. 1 I \.'1 :1 Ii I \;V~ctim Assistance Recommendation 10: , States should use creative funding approaches for financ ing programs that support victims of family violence. Approximately 30 states have established special trust funds to finance programs that support victims of fami " 26 I ly violence. The trusts most commonly are funded through a surcharge on the taxes pertaining to marriage and family, such as marriage licenses, birth certificates, and divorce decrees. Another state funding method for family violence programs is to use a voluntary checkoff on the state income tax returns, similar to the one used for federal campaign funds on the federal income tax return.27 The states that are using such systems have found them appealing because they do not reduce the regular state appropriations for other social service programs, they help to develop grassroots support for family services, and they focus attention on services that can prevent family violence. The state surcharges on marriage licenses, birth certificates and divorce decrees range from five to twenty dollars, with ten dollars being the most common:.aiflo.u'ut. The resulting funds range from , " $100,000 to a~O'Uf:$4;OOO,OOO annually.28 The average contributions on state income returns range from one \ I dollar to ten dollars. Michigan estimates that they will raise $2 million from their state income tax check off.29 Half of this will go to funding programs, the re- ~ mainder will qe invested and earnings credited t9 the trust I) fund. Trust funds, provide a variety of services, some ex clusively for victims of chi!d abuse, others for victims of spouse abuse. Some trusts finance service~ for ~both child '::J and spouse abuse programs. Amon~ the services funded - ~, 1 ~---.-~~------ \;" o ... .11 ;')" J> ~ )1-;:, ~. ~: 1,(. o 'f. . .,~. F[ ~~ jl, -j ct 1 1,·1It: if,. i ~',,;.{ >,1' ,·c ill Prevention and It· ; 'I''IJii Awareness ~ii ~1 \ G , J ",'. fl \) i: .~::v.. ,j 'C\ ~lI i (I ~ I I 1 '[ ( ! o () 'I ~:1 'I I I o \ . I , i ! J " H \ IJ \ \ I .. '. . , \ \. (~ < • • -~------~------~~~~------=------ ~, V \ 64 65 Prevention and Discussion i Prevention and Awareness Recommendation 1: Awareness I The federal government should, in conjunction with the j private sector, develop a national family violence preven The best of all strategies for dealing with family ] tion and llwareness campaign. violence is to prevent it from occurring in the first place. :I A major part of the battle in perventing family violence Family violence continues to thrive in part because is to spread knowledge. Potential victims and abusers I society is unaware of the nature and extent of the prob I lem. The secrecy that surrounds family violence con must know that family violence is not sanctioned, and 'I I think it's crucial that is not a private matter, but instead comprises criminal tributes to the abuser's feelings of power, advantage, and public awareness of the offenses that will be vigorously prosecuted. Potential vic invincibility. It permits them to hide, to avoid the scrutiny existence of this prob tims particularly young children must be told of ways to of the community, and to rationalize their behavior. lem and the breadth of it in this country be protect themselves; potential abusers must learn how to The same cloak of secrecy that empowers the abuser deters the victim of family violence from reporting the heightened. This prob deal constructively with the problems common in rela lem is not limited to tionships and the difficult task of raising children. The crime and acting to change the situation. Some victims any race, any class, And I will call to your public at large must be aware of the magnitude and ur do not know that abuse is a crime. Other victims do any socio-economic attention what hap gency of the problems represented by family violence and nothing because they think. no one. will believe them, or group and it's not the pened in this country fault of the battered the costs to society if prevention is not given high prior because they believe no one wiII take any action. Other in the 1950's when we victims, burdened with guilt and embarrassment, decide women and it's not the were trying to wipe out ity, for many of today's abused children will be tomor fault of the battered polio. Had the March row's abusers, runaways, and delinquents. their victimization must be their own fault. Still others children. And, I think of Dimes and the Na fail to seek help because they do not know where to go only through specific tional Foundation for for assistance. and broad discussion Infantile Paralysis Recomnrtendations for Preven A lack of understanding of the nature of family of this problem will spent all of its money violence encourages others not directly involved to keep those ideas get through on better iron lungs, the strong propaganda We would still have tion and Awareness the cloak of secrecy carefully in place. Neighbors or that batterers give the polio today. But they friends who observe physical abuse hesitate to get in women and children wisely spent a portion volved. School teachers ignore tell-tale signs of abuse and that it is lheir fault.-a of their money on 1. The federal government should, in conjunction victim with the private sector, develop a national family violence by doing so condemn the child to continued victimiza prevention and tion. Doctors and nurses do not take the issue of abuse research on vaccine preVention and awareness campaign. ",' as seriously as natural physical injuries and so often do and we don't have 2. As victim assistance resources become available, polio today.-Dr. not even suspect a more potentially dangerous problem. u states, in conjunction with private organizati~ms, should Richard Krugman Ministers, clergy, and attorneys are often so unaware of sponsor 24-hour toll-free hotlines for victims of family the scope of the f~mily violence as a problem that they violence and publicize it as part of a public information are ineffective counselors. campaign. The justification for abuse, the failure to report abuse 3. Hospitals,ltealth facilities, and pediatricians should when it occurs, and the failure to do anything about it - offer instruction and information about family violence when rrt is reported, all may be traced in larg~ measure and should work with self~help groups to include preven tion information. a to the public misperceptions of the dynamics of family \ violence. A national public awareness and prevention ~ 4. Schools should ensure that all teachers are familiar campaign can do much to overcome this misunderstand with family violence prevention and that a special cur~ ing and misconception. A national campaign should riculum is part of every child.'s school experience. publicize: 5. The media should publicize local family'violence treatment ~nd service programs and provide substantive i : t • the criminal nature of family violence; stories, articles, and programming, educating the public • The human and economic costs of family vio about the problem. lence; --~------,-~ 0-' 67 66 different, and policies are different in various sections • Information OIl local resources for victims; of the cOllntry. An effective national campaign must • Methods of preventing family violence.; and ada,pt to diem. More importantly, some of the most suc • Special i!Jformation"for the veryyoung. cessful appe~ls will be based on specific local initiatives. For example, a local chief of police or sheriff announc ing the department's new policy on responding to family , -;:'; A national campaign must target all audiences. The violence calls in conjunction with a public information general public mu§t: campaign is the best possible way of sending a message " ' to the community. • Become; aware o( the~ature an4 cos'ts of family A national campaign will need to work closely with violence., Professiohals-s4ch as doctors, nurses, professional associations and public interest organiza arid school' teachers-must realize' that they nor tions, as well as schools, churches, and civic groups, to "mally ar fer instructiQn and information about family violence and indirect signals of abusive behavior can intervene with D should w~rk with self-help groups to include prevention therapy or other assistance that otherwise would not have . . \) mformatlOn. been thought necessary, The clinics. also should offer courses in anger management and non-violent problem solving methods. )" \« .. ., ,. ~ .:' .. ,-~,~,;; .,.;.. ~ -'~1. ,-,,,,,,,,,,,,-.'>1 ~,-"~ ,.....,. .."',., • ''' .....".:.'-"'''~,-""' ,=<" ~~.p.,e.·:t,.:.t'::;;.,::c~ ';:.-~tJ;'..':.;;;t", <:..~s.;l.--::'-::':": ~.~.::'~'~.:: ~.',:.:':::;:,:'::::;:i::: ~:~:':.\:::'--'"::":'::.':':;~:. "_:," .'::~.:~._ "':::: -=~:: '-=.::_ .. :. _' .. ', ~ _ :_~"',.:;_: ::,.:.,' .. ~_._ ."-' __ __,~_,._. 70 71 ~" , Prevention and Awareness Recommendation 4: The power of the printed and broadcast word is great, Schools should ensure 'that aU·teachers are familiar with 'its influence perhaps immeasurable. By publicizing ser family violence prevention and that a special prevention vices and resources available for both victims and abusers, Twenty percent of our curriculum is part of every child's sf~hool experience. local newspapers, magazines, and radio and television sta combined tax dollars tions are performing a valuable community service. and our personal in \') Many local stations have accepted their responsibility come goes to deal with . Schools have an i~portant leadership! role in im- problems of child to serve in the public interest and have freely broadcast plementing prevention of abuse aimed at the very young. abuse .... I think if the public service announcements regarding various family Instruction regarding abuse should begin very early in a American public was violence issues. These public service announc~ments are made aware of what child's education as experts are stating that abuse is start strongly encouraged because they are essential in increas, it's costing them, those ing at younger and younger ages. 3 ing public awareness concerning the problem of family that don't have a At a minimum, school administrators should adopt human interest might violence. However, the public service announcements it;: one of the several available "good touch, bad touch" pro begin to have a prac and Qf themselves are insufficient. Documentaries, news grams and require that all kindergartners or first graders tical interest .... - stories and TV movies, such as "Something About Jennifer James be given the course. The' course should include the Amelia" and "Adam," are needed. These programs possibility of molestation by strangers as well as loved generated millions of calls from victims requesting help ones. Children must be taught that they can say 'no' to as well as from the public volunteering their assistance an adult and that they can safely turn to others for help. and requesting additional information. We must prepare children to deal with threats, bribes and The media can help us in our fight against family force. In some jurisdictions the actual teaching is done violence by continuing to air public service an successfully by trained volunteers, in others by trained nouncements, news stories, documentaries and TV police officers or the school teacher. In any case, the movies that :~h1ake the public aware of the extent and school teacher must be trained and prepared to refer these seriousness of family violence as well as appropriate children who commonly come forth after such a program public responses to the problem. Further, these shows to tell about a bad touch situation they have experienced. should be broadcast at prime time to give them the widest Sensitized and trained teachers who come into contact possible exposure. Educational materials that are with their students on a daily basis should be able to developed in conjunction with the shows should ,be discern any change in the child's physical and/or emo distributed to as many schools and community groups tional weIl-being. By building upon thectrust they have as possible. i, Y '~~ generated with their studentg, teachers should be able to rJ In addition, newspapers should print stories that help " elicit informati6n regarding the student's life that would "11 0 to educate the community about the nature, extent, ~J not be available to others. ,\' !l prevention, costs and illegality of family violence. ii Schools also have an important, long-range role to play t:; Newspaper and magazine stories that familiarize the com n in prevention of abuse. The\~enerational nature of bat-' H munity with the dynamics of family violence can also help tering and abuse is well documented. The Task Force ,: to resolve and prevent the problem. j ~ heard a number of experts suggest the best way to \{ th~l ,J /. The media has another, less readily recognized, role )! break this generational cycle is to work with very young ,I to play in reducing the incidence of family violence children t6 teach them techniques, such as, "time-outs," particularly battering and molestation. There'"is mount to handle angry and violent feelings without resorting to :; .' violence. ing concern that media depictions of violence and ~buse, ; ~ whether in print or via broadcast, can encoura~e ag H t Ii gressive, anti-social behavior by tbose wh0/tsee them. We iJ U Prevention and Awareness, Recommendation 5: I OJ, are increasingly aware of and concerned abdu.t anecodotes J' '~ p- The media should publicize local family violence treat~ I II,. of young people emulating illegal and often violent acts If I r! ment and service programs and provide substantive I \ they have seen presented by the media. The metlia indUstry I: If stories, articles, and programming, educating the public I, must recognize the tremendous influence it canhave and I' I' about the problem. t' strive to avoid depictions- that may lead to further violence. ,.il 0 I:" E J E ! ~J 1 c· i \" \, .. • I ------,... ,-----:-,. ------'t II (( )) - , I 1/ Educ~tion and Training -7 .1\ ., . ." Q (I I .: \ , , ::'1 r.. f? ) o If I) (J L-_____'"""""-~_ "JIDi~~b:::::::::::::::::::::~ __ ~~> ______~,\~~ __ ~« __ ~gL" ____ ~ ______' w_" -~~----- fj - '. -- 74 75 Throughout six regional hearings, the Task Force con Education and Training sistently heard that many professionals do not under stand the crimillal nature of family violence nor are Responding effectively to family violence may involve a they properly trained to handle the tragic and profound broad range of expertise in health, education, psychology, consequences of violence within the family. :Many pro and the law. Further, the knowledge often must cross pro fessionals are unable to recognize signs of abuse and do Violence is every bit a fessional boundaries: the teacher must know something not know how to help family members or where to refer public health issue for me and my successors about medical characteristics of abuse; the prosecutor them for assistance. Because the consequences of violence must know something about the psychology of family in this century, as are so serious and far-reaching not only for the individual smallpox, tuberculosis, violence victims; and the physician must know something family but for society generally, early intervention and and syphilis were for about the legal options for dealing with the problem. For treatment of the entire family is crucial. It is important my predecessors in the these reasons, better education and training of profes that professionals be able to quickly and accurately last two centuries. U.S. Surgeon General sionals who encounter the problems of family violence diagnose and intervene in instances of family violence. deserve a high priority. C. Everett Koop, M.D. Training for all relevant professionals should begin dur ing their academic studies. Judges and lawyers Recommendations for Classes of family violence should be a required part have grown older, not of the core curriculum in all relevant professional schools. necessarily wiser. We Education and Tra~ning Medical schools, seminaries, and schools of nursing, need training in the education, law, crimimtl justice, social work, psychiatry psychological dynamics and psychology should offer courses that include instruc of abuse. We have to 1. The curriculum of all relevant professional schools be retrained as our col should include courses that offer instruction on the tion on the prevention of family violence; the dynamics lective knowledge in of abuse; methods of diagnosis and intervention; ap causes, conseq~~nces, and prevention of family violence this area ii1creases. We propriate responses, referrals and treatment; and legal must be made aware of and the appropri~te methods of intervention. Spe~ial cur treatment alternatives, ricula should be developed especially for doctors, nurses, dispositions. Further, to ensure that this subject matter is given high priority and considered an essential part of rehabilitation tech lawyers, social workers, teachers, ministers and niques, and the necess psychologists. a professional education, examining boards and ac ity for punishment of 2. Federal, state, and local government agencies creditation associations should include examination some offenders. should train relevantpersonne] to diagnose and app questions on family violence diagnosis, comequences, in Judge Judith Rogers I tervention, and prevention. propriately jntervene in family violence cases. I think it's an appall 3. N~tional professional organizations and community For doctors and nurses, special attention must be paid I to the detection of child, spouse and elder abuse. ing commentary that service ,groups should educate their members on the I Testimony was given on how often child abuse is not crimes that are killing nature al~d exten~ of family violence, appropriate methods thousands of of intervention, and the importance of public awareness detected because physicians were not aware of what to Americans each year and prevention efforts. look for or of the new techniques that have been and affecting thillions I.I , l are not even formally i developed which can assist in their diagnosis. Likewise, 4. Schools and hospitals should train their staffs to studied by the many recognize the early warning signs of family violence. \ there is ne~d for training of nurses who may spend more \ time with a patient than the doctor. practitioners who must deal daily with the fall Discussion For lawyers, at a minimum, there is need to update out.-Karil Klingbiel required criminal law courses to have full discussions on Education and Training Recommendation 1: the legal issues of family violence. Special in depth courses The curriculum of all relevant professional schoois shouid on the etiology and treatment of family violence should include cOQl~ses that offer instruction on the causes, con also be availablt. sequences, and preveDtton of family violence and the ap For educators, there is particular need to teach both " pre-school and primary teachers about physical and sex ..\. '. '.' propriate methods of intervention. Special curricula should be developed especially for doctors, nurses, lawyers, ual child abuse. These teachers need to know how wide social workers, teachers, ministers and psychologists. spread these kinds of abuses are, what are the best ways == --~------~------~------ I I ~ ~ I 76 , 77 to identify children who may be in need of help, how to II 1 training directors should consult closely with practitioners II talk to a child who may have a problem, how to report i) and research centers to incorporate the latest available I; it, and how to offer preventive suggestions to the children. t ~ method of effective respOnse. With an updated cur /I, . Elementary and pre-school teachers also must be given l' riculum, government employees will be better trained and training on how to handle the disruptive behavior that H equipped to diagnose, treat, counsel, an<;l otherwise in I; often leads to violence in the classroom. Children who tervene in family violence cases. Iiv ~. i witness abuse at home need help at an early age learning lJ It is especially important that criminal justice profes Iin techniques of how to settle disputes and handle anger r sionals (including law enforcement officers and proba iI without resorting to violence. I,,'. tion and parole officers) be well-trained in diagnosis, in Social workers must be made aware of the importance tervention and referral family violence victims and of close cooperation with the criminal justice system and df perpetrators. This can qe done through college and be trained to develop such cooperation. Ministers must university courses as well as in~service training. Some law also be trained on the generational, cyclical nature of the enforcement agencies offer special courses with the mest problem and be versed on the need to treat family violence current information and on family violence as a crime. Victims testified that some ministers tended s~atistics and give graduates certificates or continuing edpcation to minimize the problem or tell the woman to stay and credits. keep the marriage together even in cases of serious physical abuse towards her or the children. The Attorneys General of a number of states sponsor training for local prosecutors in family violence. State Psychologists and psychiatrists must learn not only Chief Judges could endorse the same sort of training for about the causes of family violence but what treatment judges who must make the very difficult sentencing deci ( , techniques are most effective. Testimony received by the sions in family violence cases. Task Force overwhelmingly suggested that a critical ele In-service training is also essential for all social serv ment to a successful treatment program is a self-help group. Professionals need to understand why this ap ice providers such as child protection workers, mental health professionals, alcohol and drug abuse counselors proach is successful and how to build it into a treatment program. and shelter workers. The medical profession has a critical role to play in diagnosing injuries as assaults, assessing the true situa Education and Training Recommendation 2: tion from the patient's perspective and assisting the vic Federal, state, and local government agencies should train tim in notificatiotl of law enforcement officials and refer relevant personnel to diagnose and appropriately in ral to needed social service agencies. This training should tervene in family violence cas!!s. be required of physicians, nurses, paramedics, psychologists and other health professionals who come Many federal, state, and local government employees in contact with victims, through continuing education provide services to troubled families. Law enforcement courses or in-service training. The states should encourage officers, criminal justice system personnel, social service all hospital emergency departments to develop protocols ,:)f /f. employees, teachers and health and mental health pro \ for the diagnosis, treatment and referral of family fessionals employed by government agencies deal with'the , I violence victims. victims and perpetrators of family violence. To build Even those who come r II , Teachers are a vital link in the effort to diagnose child /' upon their academic training and to help provide the most abuse and child sexual assault. They spend a great deal in contact with abused ct.' '\ elderly may not effective assistance to family members, federal, state and of time with children, are able to .develop trusting rela recognize the signs of ',' local government agencies should provide these employees tionships, and are looked upon as authority figures by abuse and neglect since with initial and in-service training relating to family vio the children. They are obligated by law to report child there is little education or training about how lence. Training should include instruction on the preven abuse and it is very important that they are given the to identify abuse and tion of family violence; the dynamics of abuse; methods proper training to identify it (See Federal Executive and neglect of the elderly. of diagnosis and intervention; appropriate responses, Legislative Recommendation 4). • , to {/ ~ . i -Charlotte Flynn referrals and treatment; and legal dispositions. Agency Service Provider .. ~~~- - -- ~---- 78 79 Education and Training Recomm~ndation 3: the cloak of secrecy and shame will be removed. 'People National professional organizations and community serv will know that they can call their pastor, priest, or rabbi ice groups should educate their members on the nature for further information or to talk about their own fam and extent of family violence~ appropriate methods of ily problems in this area. intervention, and the importance of public awareness and I The religious community has a charitable mission that prevention efforts. J can be expanded to include the needs of victims of fam i ily violence. It has been demonstrated that religious groups are very actively involved in ministry to children, National professional organizations and community serv teenagers, and families expt~riencing the tragedy of abuse ice groups are dedicated to improving the quality of serv If ! or sexual assault. Church members are an untapped ice by their professions and life in the community. Since ,I ! resource. of volunteers that could be more effectively USed the family is one of the fundamental elements of the com ,I to assist troubled families. munity, its well-being and stability should be of primary Community service organizations should be educated concern to these organizations. By educating their on the problem of family violence and encouraged to members on the nature and extent of family violence and assist and participate in community efforts to alleviate appropriate methods of intervention, these professional this problem. organizations and service groups can make an impor tant contribution to preventing and treating family vio Community groups dealing with youth such as Boys' lence. Clubs, Campfire, Inc., Boy and Girl Scouts, etc., should train employees and volunteers on the nature and extent Professional organizations and service groups offer of family violence, proper identification of victims and members many opportunities for continuing education appropriate referral procedures. and increasing community involvement. Seminars, These organizations should develop relationships with meetings~ conferences, and publications can address the If my son went to agencies working in the area of family violence so they dynamics of family violence and the appropriate actions school unfed, or with can be helpful in terms of preventing violence and sex his clothes ripped, or necessary to recognize, treat, and resolve the problem. wearing the same pair I would like to see ual assault, and referring family members to treatment Professional organizations, such as the American Bar of pants for a week, some national agencies. Association, National District Attorney's Association, they'd be quick to workshops where we Many organizations and volunteer agencies have done jump in, but not when get together some of National Council of Juvenile and Family Court Judges, an excellent job of working with youth and families and he goes to school with the key people who are and National Judicial College, all offer many oppor c.::;:::=' bruise marks. They. do involved in service they are responding admirably to the increasingly visible tunities for continuing education for their wembers such 2 nothing. Or doctors, delivery ... to present problem of fa.mily violence. as seminars, annual meetings, conferences and publica who also don't want to project designs that can get involved. They be used as models and tions. Familiarization with the unique characteristics of don't want to upset the can be taken back to family violence should be a part of this training. Other Education and Training Recommendation 4: paying parent. Because other jurisdictions. professionals all have their own conferences and meetings Schools and hospitals should train their staffs to recognize the paying parent Asst. Chief of Police that are ideal opportunities to train the membership and the early warning signs of family violence. won't go back, will Noreen Skogen seek more effective means of intervention and treatment. they?-a victim's Parent groups ofall kinds (Parent Teachers' Associa Two sets of professionals are more likely to have the mother \! tions, youth groups, support groups, sports clubs, etc.) first clues that a child or elderly person is being abused should make it a priority to educate their members on by another family member. One group is teachers and child abuse and molestation so that awareness of this other professionals in the school system; the second con problem will increase. Awareness will lead to precaution sists of health personnel. These professionals should be and prevention and more effective intervention when considered the early warning system for detecting and act abuse is discovered. ing upon evidence of child and elder abuse. Schools and " Religious leaders can provide a great service to the hospitals should carefully train their staffs to recognize communit;" by addressing this problem and educating and report signs of suspected abuse. their congregations. By speaking of the problem openly, Teachers have daily periods of extended contact with t;: i 1 r i their students and oft~n easily gain a child's confidence 1 1 L __~ ______~ __~~ __~~·',~~~ i ______~ __~~ ___ ~ ____ ~~._ ,,"",-",-, \1 1 80 and trust. Given instruct~on on the clues to watch for, • teachers should be able to discern the early changes in the physical and emotional well-being of a chilp that may signed abuse and should report suspected cases. Teachers also' should be trained to use non-violent problem solv ing methods in the classroom. In the hospital, the attend ing doctors and nurses are in a unique position to assess whether the injuries of a child or elder patient are the There seems to be a lack of knowledge all likely result of the reported "accident." Doctors and the way across the nurses also are able to monitor the progress of a patient board in victimology. who continues to return for treatmerit ofininor injuries Not only was I not that may seem to fit a suspected pattern of abuse. Both trained when I was in teachers and .;gealth personnel shou'~ be aware of the gruduate school, neither are people in subtleties involved in detecting the early signs of abuse. the legal profession or For example, teachers and health personnel should be the medical profession alert to unexplained drowsiness, stomach aches, and or the social service' , bruises,. frequent trips to the bathroom Or unusuaL per field or the allied sonality changes in a child. Teachers and hospital per health field.-Mary Jo Robinson-Hardin, Ser sonnel also should be sensitive to the victim's vice Provider characteristic reluctance to reveal the identity of the 1 perpetrator of the abuse. .. ~ Data Collection and Reporting ),,. I i I , J J", I I'1 D ~ I'" II , , t1 ~ ;1Jl !I /1 ~,! 11 i l~' i I f)" L " .'/ 1, i t 'c ) ,11.1 ,';1 ,'I ~~: f I~~' i :1 82 I >,,; • £ 83 Data Collection Discussion and Reporting Data Collection and Reporting Recommendation 1: Throughout the hearings, it became clear to the Task The Uniform Crime Reports program of the Federal Force that current knowledge about the incidence of fam Bureau of Investigation (FBI) should be revised to col lect and publish data that: ily violence is based mostly on estimates. Effective responses to the problem require much more accurate • Indicate the age of the victim and the relationship data. There is no shortage of figures, yet estimates on of the victim to the offender for crimes of ag the numbers of abused spouses, children, and elderly per gra'Vated assault, simple assault, rape, sex offenses sons vary greatly. In add.ition, legal experts regard fam (except prostitution), and offenses against the fam ily and children; and ily violence cases to be among the most underreported of any crime. Thetask of understanding family violence • Record incidents of family Yfio!ence crimes, requires the coIlection of accurate and complete data. regardless of whether an arrest is made. The Uniform Crime Reports (UCR) are published Recommendations for Data yearly by the FBI. Every month, state and local law en Collection and Reporting forcement agencies voluntarily submit crime statistics to I the FBI. The VCR program provides indicators of the I nature, extent, and seriousness of the national crime prob I.. The Uniform Crime Reports of the Federal Bureau lem. However, current UCR statistics provide relatively of Investigation (FBI) should be revised to collect and little information, from a statistical perspective, about publish data that: I think it ironic that I the extent and nature of crimes within the family. the FBI lists seven • Indicate the age of the victim and the relation Twenty-nine separate offenses are listed in the VCR. significant crimes ship of the victim to the offender for crimes of 1 Six of these offenses pertain to crimes that may Occur many deal with aggravated assault, simple assault, rape, sex of in the family and thus be considered as family violence property. It makes me fenses (except prostitution), and offenses against crimes. They are homicide, rape, aggravated assault, sim wonder if sometimes the family and children; and' that doesn't go back to ple assault, sex offenses and offenses against the family old budget fights of • Record incidents of family violence crimes, and children. Presently, homicide is the only offense in the 1930's to prove a regardless of whether an arrest is made. Ii which the relationship of the victim and offender and budget because you 2. The National Crime Survey efforts to more ac their ages are reported to the FBI. Without being able could recover property. curately measure the exttent of family violence in America, J to note the relationship between the victi'tn and the of And when you recover especially the physical and sexual abuse of children and a family, there's no fender or to determine the age of the victims for all crimes cost attached that you abuse of the elderly, should be continued and supported. .II of violence occurring within the family, it is virtually im can put a number \ . 3. Federal statutes and regulations for alcohol and possible to assess how many of these offenses occurred. on.-Jack Dugan, drug ~buse treatment programs should not cQ"iflict with Because the VCR does not have a specific category of Criminal Justice state laws that require reporting of aU instan~es of child offenses identified as crimes of family violence, it is Practitioner ,. abuse, neglect, and molestation. necessary to collect additional data elements that will help 4. Professionals currently required to report child to identify offenses that occurred within the family. By I. ' abuse should be required to report elder abuse. having the age-'ofthe victim and offender noted for the six offenses, and by knowing the relationship between the '. victim and the offender, there will be a better indication i, of how many a~saults involved One Spouse battering another, or how many instances involved a child who was physicaUy or sexually assaulted by a parent. Additionally, the Task Force recommends that all in cidents of family violence crimes be reported to the '= ,« L «, « : (I .: '" II" ", G o () D \~ {I G , . ,', " 1" ~ i l'• ( G ·'1, 0' 'l I , {) ( ~ 0 I, ',0 II r 1\ ,)' \1 "I: .1/ 11 0 !i a Q {; n \:, '. ,!I l \~ \ " , .. ij t' J 84 8S FBI, regardless of whether an arrest is m~~e. Of the six when victims perceive the abuse as criminal and when they offenses comprising family violence, homIcIde, rape and Unfortunately, it is are sufficiently at ease to discuss the victimization in their extremely difficult to an~ aggravated assault are reported to the FBI. published Own home, perhaps in the presence of the abuser. obtain statistical in the UCR utilizing a method called IncIdent-based Although the interviewers request, and are trained to con information . .. that reporting. Each time a local or state law enforcement duct private interviews, the voluntary nature of the NCS accurately depicts the agency responds to a call for service involving one of these does not permit the interviewers to mandate private range of the~e offenses, an official report is completed, regardless of interviews. experiences. -Dr. Steven R. Schlesinger, whether an arrest is made. Each month, local and state Further limiting the comprehensiveness of the survey Director, Bureau of law enforcement agencies note the number of incident regarding family violence, children under 12 years of age Justice Statistics lI reports and arrest reports and send this information to are not interviewed. It is the advice of the survey research the FBI. Consequently, there~h'''. fairly accurate picture 1, community that interviewing younger children is not of the extent of these crimes. However, for the offenses feasible, since it is unlikely that a child would frankly of simple assault, sex offenses and offenses against the discuss abuse with a strange adult who the child will see family and children, the picture is incomplete because law no more than twice a year. Also, it is not likely that enforcement agencies only report the occurrence of these parents would allow their child to be privately inter crimes when an arrest is made. viewed, which would further reduce disclosure of paren By incorporating those changes, the fact tha~ ~n i~ci tal abuse. Nevertheless, the Bureau of Justice Statistics dent of family violence that falls under a claSSIfIcatIOn should continue to explore methods to gain information which previously recorded only arrests will no longer p~e from those under 12 years of age. vent it f::-om being collected and recorded. Coupled wIth The Bureau of Justice Statistics' efforts to revise the .. the information noting the relationship of the victim to NCS to include elements on family violence in the inter the offender, incident-based reporting will provide. a view and reporting formats and to enhance its overall means to more accurately measure crimes of famIly capacity to offer useful information on family violence violence. As a result, both law enforcement and victim should be continued and supported. Such improvements services will be better able to direct their resources in will result in a more accurate measure of the extent of responding to and providing services for victims of family family violence that can assist policymakers in allocating violence. resources, personnel, and funds for victim assistance I services. ! Data Collection and Reporting Recommendation 2: ! The National Crime Survey efforts to more accurately Data Collection and Reporting Recommendation 3: measure the extent of family violence in America, f Federal statutes and regulations for alcohol and d:...3g especially the physical and sexual abuse of children and abuse treatmel),t programs should not conflict with state abuse of the elderly, should be continued and supported. laws tbat require reporting of all instances of child abuse, I neglect, and molestation. I , Statistics indicate that only 33 p~rcent of all crime in :0 cidents are reported to police.! To obtain a more ac During the course of treatment, patients in federally ! curate count of all crime, not just crime reported to the assisted alcohol and drug abuse treatment programs may police, the jNational Crime Survey (NCS) sponsored by reveal incidents in which they have abused, neglected, or the Bureal! of Justice Statistics, interviews 60,000 molested a child. 2 Under state law, treatment practi households every six months. The survey assesses crime tioners are required to report suchincid~nts. However, victimization from the victims' standpoint rather than federal statutes and regulations requiring confidentiality that of law enforcement, prosecutors or judges. of patieIit records for participants in federally assisted The information provided by NCS statistics cannot alcohol and drug abuse treatment programs often con cover more than a part of the family violence problem. flict with state reporting requirements and inhibit prac For adult and teenage victims, for example, instances of " titioners from reporting suspected cases of abuse.3 family.·violence, are reported, to the . interviewer. only "-! + ---~. ~~------.-.--~-~---~~ ------ 86 The Child Abuse Prevention and Treatment Act re 87 as with children, the elderly must rely on others to report quires states to enact laws for mandatory reporting of I i their victiIu.ization. The same protections now available child abuse and neglect as a condition of receiving federal : ri -J to the child victim also must be available to the elderly support under the Act. 4 This is a clear statement of 1 1 victim. State laws requiring mandatory reporting of child federal policy on the importance of reporting suspected ~ , abuse should be amended to include suspected cases of cases of child abuse. Yet the alcohol and drug aJ?use treat <,',,'·"i"~ ;( elder abuse. ment statutes and regulations requiring confidentiality of ;)~ H,::jl treatment records, make a 'conflicting statement of federal , .' = policy. Confidentiality regulations prevent practitioners , :" from reporting abuse and endanger the safety of children: I Although the departments administering these programs ; and criminal prosecution. ,II Federal regulations should not prevent practitioners , ,J from complying with mandatory state reporting laws. The state laws were enacted in compliance with a clear state ment of federal policy declaring the importance of report ing suspected cases of child abuse. The need to protect children and investigate suspected cases of abuse outweighs the interest of the alleged abusers in complete confidentiality in obtaining treatment in alcohol and drug ; I abuse treatment programs. Confidentiality statutes and regulations for alcohol and drug abuse treatment pro I I ~ 'I grams should be amended to require compliance with state laws on mandatory reporting of child abuse, neglect, I I ~,~: and molestation. I [I Data Collection and Reporting Recommendation 4: Professionals currently required to report child abuse I i i ~ should be 'required to report elder abuse. Ii '. f I I j )J ~I Elder abuse is a phenomenon about which very little ~ ! is known. Self-reporting by the at-risk elderly is the least likely meth()d of learning of suspected cases of abuse. 5 Older people who are experiencing declining cognitive or ,i/I emotional functioning may fear exposure of that decline and not report their victimization. M~ny older people may be physically incapacitated and unable to leave home I 1 ! j to,{eport the abuse. Still ()thers may be unable to com I I- mu'hicate the abuse because of mental or emotional i .:~, j ~ incapacitation. Just as in the case \With children, abuse I i , , of the elderly m,ay occur for long periods of time with ,I ,j out anyone knowing about the problem. Again, much I \;I >. = ,« > «! I ~ Ii a ... ~'(~ l\ ( ';, '0 r Research "I!:; . ":'; ~l p ,~ \ o o , " \ \ (J o \ to Q \ f="~~"" ,. 1,- =i ), . .. 90 91 :1 information available. By cataloging areas and topics offend morality and Research , ,I previously explored and responsibly evaluated, the Vic how they threaten our , I tims Office can ensure that new research projects do not very civilization, that ,( iI1advertently duplicate previous or current studies. we will simply be strik , J .. ing our heads against a What causes family violence? What actions by law en ; ';']" Federal monies then could be more effectively channeled brick wall.-Karil forcement, prosecutors or courts are most effective in \ ? into new programs and projects to develop an improved Klingbeil stopping it? What can be done to prevent family violence? ,:1 response to family violence. The answers to these questions remain partial and uncer ~I tain. If progress against family violence is to be sustained, .,1 1 Research Recommendation 2: knowledge about these critical and highly 'practical ques I j tions must be increased. ;1 National research efforts should be directed in the follow ing areas: • Determination of the most effective methods of prevention; Recommendations for Researcrh • Development and evaluation of effective methods I'd 1/ of increasing public awareness of how and when to 1. AU federally-funded research on family violence report abuse; should be coordinated with the Department of Justice. • Development of strategies for the prevention of sex 2. National research efforts should be directed in ual molestation of children that are directed at both several areas - (See Discussion of Recommendation 2). children and the adults who may be able to assist , .1 in prevention (See Prevention and Awareness Recommendations 3 and 4); Research Recommendation 1: .' J • Development and evaluation of effective methods All federally funded research on family violence should , nAS >. > • ,,« > '! rJ.. , « ~"I. t . ..', "" 92 • Examination of the types of sentences imposed on 93 child molesters·and pedophiles and their subsequent Research is a valuable tool in the development of more patterns of behavior; effective family violence prevention, intervention, and • Evaluation of the effectiveness of various victim assistance methods. Before sound policy deter treatments and sanctions imposed on child minations can be made, legislators, public officials, and I didn't say that they molesters and pedophiles', including incest program administrators need the benefit of victim input can't be treated, but I offenders. The research should help identify and vigorous research and analysis. The recommended know of no treatment which offender behavior is likely to be changed research topics were consistently presented to the Task program for pedo Force in six national hearings. This is not an exhaustive philes ... . We may by which programs and which offender is un have to incarcerate likely to be amenable to any treatment pro research agenda but one which will yield new informa them, or do something gram; tion for policymakers and provide additional topics for until we find a way of • Development of law enforcement techniques to study. dealing with them. investigate sex crimes perpetrated on young Dr. Henry Giarretto, Service Provider victims. • Determination of how child molesters select vic tims, what strategies they use to entice victims to cooperate and what circumstances they con sider favorable in terms of proceeding with an assault. This research would then be used to im~ prove both prevention programs and intervention efforts; • Development and evaluation of effective treatment strategies for victims of family violence which help 'II to minimize the long-term psychological, medical r and behavioral effects of battering; • Development and evaluation of treatment pro grams for batterers, comparing specifically the results of voluntary· and court-ordered treat , ment; • Identificati~n of effective methods for intervening in elder abuse cases; • Development and evaluation of methods for minimizing dislocation and stress on victims while the violent family member is receiving treatm~nt; • Examination of the long-term effects of sexual I molestation of children on the~r adult behavior or adjustment; \1 • Development and evaluation of effective treatment \1 programs for children who are t~e victim of sexual assault including incest; • Analysis of the economic costs of family vio lence. l~ n " )' e, + Jf ~, ... , c, Federal Executive and ' •. \ " Legislative and State "', Legislative Action o '-~'1,,§}\1 I , \ " \J o .'~' ~ \ \ \" " t [/ ,'I, P~etling· pagebiallk ...~i --_._- , -, ~ ~ ~ em \, t ,. • I + J I! 11 Ii 96 j ( ! 'j "j • I, , i ri 97 i i :1 II Discussion j I Federal Executive and ,I d I!1 : , :1 I! 1: Legislative and State ...... j Federal Executive and Legislative Recommendation 1: Ii Federal regulations should require criminal history jl Legislative Action I backgrounds on all volunteers or employees working for Ii agencies receiving federal funding and providing care, \l training, supervision, entertainment or otherwise dealing 11 Ii During the past decade, many states have developed ,',I with children. '.1 )\ innovative and effective legislative measures to prevent ! jl rl victimization, increase the apprehension of perpetrators, !IIi improve their prosecution, and provide protection for vic ;:':e~rsons who sexually abuse children do so by choice ·tims. The following recommendations draw on these ex- and usually have an established pattern of abusive ~ periences both for extension to other states and for ap behavior. 1 They frequently have committed prior of ~ plication to the federal code. ~ fenses, some of which may be known to previous i employers, police and courts. Typically these offenders I change their names or residences and seek employment • Recommendations for w,ith agencies that provide care, training, supervision or ,/ i Federal Executive and 1 entertainment for children. By concealing their past of Individuals who I ,j fenses, these persons are able to obtain work in agencies commit child sexual Legislative Action that provide easy access to children. abuse dOIl't Just stop Many of these child service agencies receive federal their behavior. It 1 j becomes chronic, it funding. To better protect children and help to control continues, and they 1. Federal regulations should require criminal history •f I ! the staggering national problem of child sexual abuse, the seem to go Oil backgrounds 011 all volunteers or employees working for 1 federal government should require agencies receiving forever . ... -Maureen agencies receiving federal funding and providing care, federal funding for child-related programs to use national Saylor, Service Provider training, supervision, entertainment or otherwise dealing and state qata bases to complete criminal history with children. backgrounds based on fingerprint identification on all 2. To recognize the importance of the family and the I volunteers and employees. 2 I Responsible use of the cen values it sustains and to continue to relieve the financial tralized data bases by these agencies will provide greater pressures on the family, the federal income tax deduc pr'otection to children by preventing previously identified tion for dependents should be increased. I sex offenders from occupying positions where they come 3. Confidentiality statutes and regulations for fed ! in contact with youngsters. eral alcohol and drug abuse treatment programs should I I I be amended to require compliance with state laws on r I mandatory reporting of child abuse, neglect and I Federal Executive and Legislative Recommendation 2: molestation. To recognize the importance of the family and the values \ J 4. The federal government should provide financial \ it sustains and to continue to relieve the financial incentives and encouragement to the states to train pressures on the family,. the federal income tax deduc ,I criminal,justice personnel, to conduct a family violence tion for dependents should be increased. . '4 prevention and awareness campaign, and to maintain t,:/! temporary residential facilities for victims of family f The family is the cornerstone of the American com l violence. " I munity. Preserving valuable traditions and nurturing.tqe h'i •.l country's children, families are the nation's greatest strength and hope for the future. Because the country's {,ti I \' " I vitality depends on the health and well-being of the fam '" I ~I ily, it is essential that public policy affirm and fortify the ~~ family and its values. o .~ . 'ts '> = ,« > .' I'r /, ~-...... -~~----- ~--~------~~------~------ 98 99 Although the costs of raising children and caring for most effective means of dealing with the problem is at the dependent elderly have increased dramatically, tax the local level. The enforcement of laws prohibiting the policy has not acknowledged this financial burden on the acts involved in family violence is the responsibility of family. In the late 1940's, the tax deduction for children local and state law enforcement and criminal justice In some area of tax and elderly dependents was $600. Today, the deduction systems. The ingenuity, talent and creativity for the policy the 'worth' of is $1,000. However, if it had been indexed to keep pace development of victim assistance services is also at the children has drastically local level. eroded in recent with the increased cost of living, the deduction would'be 3 Because the strength of the nation depends upon the decades . .. . -Dr. over $3,000. The federal tax d.eduction for dependents Healthy families are Allan C. Carlson must be increased n9t only to underscore the importance health of the country's families, the federal government our greatest nationgl resource. It is in them of the nation's children and elderly~ but also to provide .' also must play an important role in addressing the na tional epidemic of family violence. The task is to deter that we find our greater tax fairness and financial relief to the American meaning, our strength, family. mine the aspects of family violence where federal leader and our future. It is to Another consideration would be the compatibility of ship is necessary to most effectively approach and resolve them that we say, federal labor laws and regulations with the needs of the the problem. The Task Force has concluded that three 'thank you'.-Dolores ,\ Curran, Author , , family. Undue restrictions on working at home should are~s should be given highest priority: be carefully reviewed to provide more options for sup plementing family income.4 By working at home rather • Training for criminal justice personnel; than commuting and adhering to, standard work • A national public awareness and prevention cam paign; and schedules, family members also will enjoy flexible work 1 .l, patterns that permit more time for parenting young • Maintaining temporary residential facilities for victims, " children and caring for dependent elderly adults. 1 " ~.;~ t Training of criminal justice personnel is a priority Federal Executive and Legislative Recommendation 3: because these officials must play an increasing role in Confidentiality statutes and regulations for federal ,I) dealing with family violence. Law(jenforcement officers alcohol and drug abuse treatment programs' should be are usually the first on the scene and must make rapid I! am.ended to require compliance with state laws on man dytermina!ior~ of how to .h~.tJ.dl~ th~ case. Prosec~t?rs datory reporting of child abuse, neglect and molestation. i act as gatekeepers to the crImmal JustIce system, decIdmg which cases are appropriate for diversion and whi~h must See Data Collection and- Reporting Recommenda I be formally prosecuted. Judges must clearly 'inform perpetrators that their conduct js unacceptable and will ,tion 3. f no longer be condpned. Sentences rendered and served I must be commensurate with the crime inflicted. Federal Executive and Legislative Recommendation 4: "I Training is the key in ensuring that each element in Tbefederal government should provide financial incen I the criminal justice community plays its role effectively. r tivesand encouragement to the states to train criminal , The Task Force recommends that the Office for Victims " justice personnel, to conduct a family violence preven I , I of Crime coordinate the family violence training efforts tion and awareness campaign, and to maintain temporary . n I of thel\rarious bureaus withiy the Department of Justice. residential facilities for victims of family violence. The Victims Office is developing training packets for all . : the \'t11ajor compon'ents of the criminal justice system. r i 1" Family violence is a troubling and serious' problem for These materials, to be used by law enforcement officers, localcpmmunities, The repercussions."of violence within prosecutors and judges, will help to"heighten awareness the fa1l1ily extend far beyond the four walls of tl}.e home. of the needs of the victim and offer practical examples " There is a tremendous cost in human suffering for fam ( and methods of meeting those needs in the criminal justice ily members but also a significant economic cost to the system. Training materials on family violenqe can be .. community in the delivery of law enforcement, legal, added to that curriculum for the criminal justice community. . medical, mental health, and other .social services. The t .' '"" X L---.:l· _____... ___~--::..--~~ ____~_.l:J~-'"-- ______'______~ ____~~ __ ~ -~~------~ ~ ) , v 100 Because so milch of the solution to family violence lies lOl :hi a greater understanding by the public of the extent, is a direct cause of violence or a contributing factor, the relationship is clearly there.6 nature, and costs of family violence, the development and It is known that the use of alcohol lowers the inhibi implementation of a national public awareness and He started really drink prevention campaign must be a priority for federal fund tions and lessens self-control, causing one to give way to ing excessively and that ing (See Prevention and Awareness Recommendation 1). feelings of anger and frustration against one's spouse or is when the abuse Increasing the public's awareness helps to bring family children. Some studies indicate an increased correlation started. -a victim violence out in 'the open, thereby denying offenders the between abuse of alcohol and incest. 7 Several theories cloak of secrecy behind which they continue to perpetuate have suggested that alcohol is used as an excuse for their crime. The public awareness and prevention cam violence because, when drunk, a person can deny respon paign should be a joint public and private venture. sibility for his or her actions. Denial of responsibility is The final area that deserves a high priority for federal common and people expect that they will lose inhibitions We have over a million funding is temporary residential facilities for victims of and behave more aggressively when drinking alcohol. children in Texas who family violence. Shelters and safe homes playa vital role There may also be an interaction between alcohol and wake up in homes with violence as alcohol lessens a person's ability to think ra at least one alcohol ad in cases where other remedies have failed and the victims dicted parent. Their tionally and results in conflicts appearing less serious than must seek a safe alternative to a violent home. But Task they actually are. chances of being Force testimony from around the country indicates that abused children are It may be that the character traits which lead one to very high-Ross many shelters and safe homes are faced with increasingly limited financial resources. Lack of funds has forced drink to excess, such as lack of self-esteem, dependency Newby, Alcohol needs, immaturity, and lack of self-control, also lead one Professional many shelters and safe homes to cut back on services, turn victims away and even shut down operation. In some to react with violence when confronted with problems or areas where services are lacking but the need for family frustrations. It is clear from the available research and violence victim services is clear, funding shortages have expert testimony that alcohol abuse and violence often hampered efforts to address the problem. occur in the same family. Victims of family violence Funds for these three priorify areas should be available repeatedly told the Task Force that alcohol was present and a contributing factor in the abuse perpetrated in their to the states on a per capita basis with the training of 8 cr.iminal justice personnel, a national public awareness homes, and surveys indicate that alcohol is involved in a high percentage of all types of family violence and prevention campaign,and maintenance of shelters as incidents}) priority areas for funding. States SllOlJJg have the discre I would urge that the tion to award funds to organizations that are already In addition, battedng haS' been implicated ,?is a cause Task Force turn the of alcoholism in women. Alcohol abuse amdhg women spotlight on the rela operational or to organizations that are replicating a suc IS a growing problem in America and the largest tionship between cessful service program model. The funds should be used chemical abuse, to expand the existing capacity of these organizations, precipitating cause is abuse.1O When confronted with the especially alcohol, and not to supplement existing budgets. In making these severe emotional and physical trauma of abuse and the domestic violence. In awards, the states should encourage programs tnat resulting confusion, shame and fear, many women turn this state, alcohol to alcohol. remove the abuser rather than the victim from the home. (J abuse by the perpe In view of this inter-relationship of alcohol abuse and trator, we believe, is When funds are used to expand facilities that serve the violence, it is imperative that these problems b~ dealt with the primary underlying victims, tlie emphasis should be on increasing services J problem in more than designed to return victims safely to their own homes. r as a whole. :aut; the Task Force often heard testimony 50 percent oj the re that the role of alcohol in family violence is not taken !) • The abuse of alcohol is a serious concern in our coun Ir He had been drinking ~U ported spouse abuse seriously and that there is little professional cooperation try, contributing to many health and social problems, I and 1 came hOme and cases. -Kenneth or referral of clients between alcohol professionals and Eikenberry, Attorney costing our society billions of dollars, and impeding our 1 wanted to read the General State of ! family violence service I ,providers. I I To treat one be newspaper be/ore mak~ economicproductivity.5 The abuse of alcohol has i Washington \, especially tragic consequences within the family. The havior trait and not the other is to miss half of the prob ing supper. 1 sat down J lem and jeopardize treatment success. to read it, and he precise role of alcohol in family violence has not been I I It is clear that both the victim and the perpetrator need wanted his supper . .. he determined by definitive national studies, but many I kicked the cat to the smaller, local studies have been done, and whether it to understand the role of alcohol in their familydysfunc ceiling . .. he starled tion in order to gain the insight and skills necessary to slapping my face1vith both hands. -a victim 102 '~l.. J Ii 11 103 II restore their family relationships. In view of the many I' 5. States should enact legislation to enable busines~es Ii successful programs and self-help groups aiding alcohol and organizations to have access to sexual assault, chIld Ii abusers and their families, there is basis for much hope ;; ; molestation or pornography arrest or conviction records 1.: !; if thes~ groups can begin to work closely with shelters, ! ' of job applicants whose work will bring them in regular /1 schoo1s, and self-l::.1ip groups for batterers and child contact with children. ,f 1, abusers. I,t, 6. States should enact laws to require professionals i 1 Ii Although alcohol has been pervasive in all aspects of ~ I currently required to report child abuse, to 1eport elder ; I fi family violence, little has been done to utilize revenues abuse. ,11 ' generated by alcohol to prevent and heal the related problems. l! It is fair to conclude Discussion. Ii Because the correlation between alcohol abuse and Iji that many beers and Ii wines now sell for family violence is so high, the Task Force recommends State Legislative Recommendation 1: . . :', prices equivalent to Ii that consideration be given to raising the funds for these States should enact laws to extend the statute of hmIta Ii those for soft drinks three priority areas from the revenues generated by the tions in criminal cases of child sexual assault. rJ and fruit juices . ... federal taxes on beer, wine, and liquor. This tax induced incentive for young Prior to the passage of the Budget Deficit Reduction Children who suffer sexual abuse are often reluctant II people to choose Act,12 federal; taxes on alcohol had not been raised since 15 if 13 to report their victimization. Incest victims may be ~l alcohol over other 11 1951. Current federal excise tax rates result in a t '\ 105 Too often, the officer advises the victim that the only When an officer makes al~ arrest for an assault, the If they sometimes seriousness of the injury is the determinative factor in recourse for addressing a violation of a protection order ordered the man out of is to contact an attorney, arrange a hearing date, and the house, even for 24 classifying the incident as an aggravated assault, a felony, ; I or a simple assault, a misdemeanor. When the officer has return to court to secure a warrant for civil contempt. hours, just give him a chance to really think, probable cause to believe a felonious assault has been To make the legal shield of the protection order ef fective, vfplation~ of the ordeJ; must be a criminal it would stop a lot of pommitted, all states allow a warrantless arrest. Several 22 these cases from states still do not permit an officer to mak~ a warrantless offense. /bnly when the offender knows his actions are becoming more arrest for simple assault unless the offense occurred in subject t'~ immediate arrest and further prosecution will violent.-a victim his presence. 19 Offici'al records and Task Force the protection order be a more effective deterrent to abuse testimony show that without the support of state law, law for the offender and provide the intended relief and enforcement officers are reluctant to intervene in a family security to the victim. violence case and often underreport the offense.2o Unless life threatening injuries are involved, law enforce State, Legislative Recommendation 4: ment officers generally classify bous~hold assaults as States should enact legislation that permits overflight in misdemeanors, which, in several states, means the officer carceration of persons arrested for incidents of family cannot arrest without a warrant unless the injury Occur violence, in appropriate cases. red in his presence. Law enforcement intervention is a critical component II of the justice system's effort to break the cycle of violence I Family violence Occurs in an emotionally charged at I within the family. Research now clearly shows that when mosphere with the threat of serious physical injury too a criminal assault has been committed, arresting the of:' often becoming the reality. An enforced separation of the fender actually contributes to reducing the reccurrence 1 victim and assailant is often necessary to permit the pas 21 of violence. Appreciating the serious and sometimes ,I sions on all sides to subside and to take the reasonable \ steps necessary to end the violence and prevent future deadly consequences of family violence, many states have \ ~ In Oregon there was a expanded1aw enforceme:q.t powers to arrest "n family abuse. However, When an arrest is made or a misde 10 percent drop in r violence cases. All states must provide law enforcement meanor citation is issued, the abuser often is released dOlnestic homicides. . . from custody immediately. 23 He can return to the fam following enactment of officers with the statutory authority necessary to make \\ I the mandatory arrest warrantless arrests for misdemeanor household assaults I i~y without experiencing any real cooling-off period. In law for protection and thus help to prevent the tragic escalation of violence. i fact, the arrest and brief detention may only increase the order violations. , 1 abuser's anger and hostility against famiiy members~ In Annette Jolin, -such cases, a shortdetainme-nt is merely- an aggravatltii Researcher ,\ State Legislative Recommendation 3: inconvenience rather than a serious sanction deterring " States .~hould enact legislation making the violation of future violence. a protection order issued . in a family violence case a I To ensure the safety of the victim and provide just and criminal offense. I feel that being a fair treatment of the assailant, the rights of both parties victim of the criminal I must be equally considered and balanced. When consider is terrible enough, but Believing that law enforcement officers can enforce a ing release or setting bail, judges must carefully assess when you are then, in the dangerousness of the abuser's behavior and the many instances, a vic Ipivil protection order, victims of family violence who ob tim at the hands of the ~ain these orders have what is unfortunately a false sense likelihood that the violence will continue. When that justice system, it is a of security. Most officers hav~ no direct enforcement probability is great, overnight incarceration of the abuser travesty, -a victim of the order itself since it is a Civil writ. Its viola I may prove to be an effective means to prevent the con pow~rs 24 tion may eventually make the offender subject to fines tinuation of the violence. Not only will this reasonable and civil contempt, but not more immediate criminal If cooling-off period provide immediate protection for the ! sanctions. The best effort the officer can make is to use r victim, but the assailant will be more likely to recog the protection order as one element for finding probable J nize the serious criminal nature of violence within the cause for arrest for trespass, breach of the peace, or other .,. family. Important service and treatment contacts and separate criminal offense supported by the circumstances. I, I M I 1 t I •.1 I ;, I 106 I , referrals------~------'also can be made for both the victim and the 107 abuser during this period of detention. '. State Legislative Recommendation 6: " States should enact laws to require professionals currently required to report child abuse, to report elder abuse. We need better ways to State Legislative Recommendation 5: , introduce evidence. We feel that we must have States should enact iegislation to enable businesses and organizations to have access to sexual assault, child See Data Collection and Reporting Recommenda a situation . .. where tion 4. the evidence that a molestation or pornography arrest or conviction records child has given to a of job applicants whose work will bring them in regular competent professional, contact with children. for example, the State Legislative Recommendation 7: therapist, must be able States should enact laws that allow victim compensation to be admitted. That Contrary to common perception, persons who sexually to be paid to victims of family violence. child may not, and probably will not abuse children tend to be persons of respectable ap repeat that under the pearance and behavior who are known and trusted by the 25 See Victim Assistance Recommendation 4. normal proceedings victim. These aJmsers tend to use non-violent tech that take place in the niques, seducing the child through attention, affection, criminal court and gifts. situation. -Mary Emmons, Service One of the common strategies of pedophiles and child Provider molesters is to try to gain employment witb organizations whose work involves the care, treatment, transportation, supervision, or entertainm,ent of children. 26 It is i,mpor tant that employers conduct background checks of pro spective employees who will have regular contact with children to provide the greatest safety to the child. To facilitate these background checks, the Task Force I endorses the recommendation of the President's T,ask I The majority of the Force on Victims of Crime concerning background in people who abuse vestigations of persons working with children. This wOjlld children are known to enable employers to be informed of an applicant's prior the children and have abused and misused record involving arrests or convictions for sex offenses '. their· position oj or_-: for_: the ._h .. _~_~lesser.. _ ,-: . :._ ~ ,chare:es. _' _ tQwbi!:;h_ sex offenses\vith. control and respon children are frequently reduced. For example, in some sibility and molested states, the charge of sexual assault maY' eventually be the child from that red),lced to contributing to the delinquency of a minor. particular position. Most often this is the Presently, 48 states have centralized criminal history 27 father, the next-door t ,I;" data bases that could be used for such purpOSeS. Fur- m#ghbor, the minister, ther, existing federal law permits the Federal Bureau of 'the boy scout leader, v') Investigation to exchange identification records with of- I those people who find , ficials of state and local governm.ents for purposes of themselves and actually licensing and employment, if authorized by a state statute put themselves in I positions of being that has been approved by the Attorney General.28 Once I involved with children such a statute has been approved~the Bureau can search so that they can fingerprint submissions against its files and furnish to the f manipulate them. state authority arrest information and dispositional data. ~ S' Maureen Saylor, Mental Health The Task Force urges that all states avail themselves of this resource. I Therapist t I ", I ' ------~------~-- ~"~=='.-;~....:::=::.:...'''~'";:..:;:::""-=' "'::;'='- =~~_~--'-~ __--L.I_' _____.~...:_...O..:._.~>. ,,9="" =---- ______~_~ ':::::) (.) ~¥' o W ~ 0 G .. {} (c :- j) CI 1 SpeCial ,Considerations () I ": 7 'Q' 1- o Ii . ,~ . \ \ " ' " = ,,-;, \ o. \ \ \ " '\ " Preceding page blank .~. ~-", "",,-,-. .... \ • " " ,~-~~. ~------ 0 ~. I I U I c,' t. I I I i 110 . 111 The Task Force recommends that the television ex- I recommend the Special "Considerations ecutives and advertisers meet together, perhaps under the "\' elimination of both \'\1 ,.leadership of the Surgeon General, to (1) review the overt and covert evidence on the types and amounts of television violence violence in the media, The problems of family violence do. not exist in isola whether it's television, R that have been proved most harmful, (2) develop broad tion. As the Task Force heard testimony, it became clear radio or advertise I'II cast standards and discuss methods of voluntarily reduc that reforms are essential in problem areas that are not ments... there are bil directly part of ('family violence" as it is usually con ing the level of violence, and (3) develop an industry lions of dollars in all I ceived but which are unquestionably contributing to the capability to monitor and analyze the violence being forms of media, es televised. pecially movies, in problem. Four areas are discussed in ihis section: vi'olence " perpetrating violence j in the media, the problem of pornography, family The Task Force further recommends that a rating system be developed for television programs. The ratings and perpetuating it. violence among military personnel, and grandparents' Karil Klingbeil, Service V ! rights. should be published in the television section of the Provider newspapers and in TV Guide. ';') II There are many volunteer and public service groups that rate movies and television programs, educate the I',' \ I) public on violence research and negotiate with advertisers « on their sponsorship decisions. The TasIvi Force com- I I, I ! mends these groups and the work they are doing. The I 1. The i'ask Force places major responsibility for Task Force also applauds those in the media who pro 1 1 reducing" and controlling the amount of violence shown duce quality programs that educate, entertain, and I!" I: f' celebrate healthy family life. on television on the networLc.:~~; their affiliates, ~nd cable Ii i /1 .~ stations. \'\ I • 2. The motion picture industry should reevaluate its Violence in the Media Recommendation 2: rating standards to make the ratings more specific and informative. The motion picture industry should reevaluate its rating standards to make .the ratings more specific and infor () mative. Discussion Just as violence on television may be an instructional Violence in the Media Recommendation 1: tool in lea~Iling ab1,1sive be11aviOf, yiQlenceilLthe 1l1ovies ~~ ~_~c 'D The Task Force places major responsibility, for reducing . o=a1scj"mayoe a contiibuting factor in such behavior. The \" and controlling the amount of violence shown on televi purpose of the motion.picture rating syste~ is to inform '~~ ~ sion, on the networks and their affiliates, and cable I adults about the content of movies. One of the main uses stations .. of this information is to enable parents to make judg ments about which movies they should allow their The motion picture I children to see. The existing ratings are not fulfilling this rating system really is The Task Force heard continually from both victims I purpose. Specifically, the PO rating is far too general. not very clear and not and professionals, th'at violence is most often learned The recent addition of a PG-13 rating is a significant im very informative. A behavior and that these behavior patterns are frequently provement, but the Task;Force urges the motion picture different sort of rating passed from one generation to the next. As the, research industry to continue its reevaluation and expansion of the system that gives more information on the on the subject is published, the evidence is becoming over rating system in light of recent research on violence in whelming that just as witnessing violence in t~e home may amount oj violence for the media and its effects.c" botlt.~te!evisio'0., and contribute to normal adults and children learning and acf~ movies would 'be ing out violent behavior,' violence on TV and the movies good.-Dr. John may contribute tq the same result. In the interest of a \i Murray' safe and free society, the television industry should volun Uirily set limits on the amount and kind of violence al lowed bn television. L-~ __~ ______~ ______~ __ ~~~- ~~~----.----.-- I~ 112 ( • I (~ J, , • ~_ • 113 Recommendation on Recommendation for Pornography '.\ the Military II 1. Military officials should be encouraged to continue 1. The Task Force endorses the creation of the Na their responsiveness to ending violence and abuse within tional Commission on Pornography. ~litary !amilies and should continue to work cooper atIVely wIth state and local governments in addressing the Discussion problem. Specifically, military officials should: Pornography Recommendation 1: • Make the issue of family violence a command priority; The Task Force endorses the creation of the National )1 Commission on Pornography. • Coordinate their activities with and make use of I local service providers; 0,,\, I ~ Provide adequate training to all personnel in )J Pornography has become abig business in the United J " volved in family violence issues; and (States. Some government officials estimate thc~t por nography is a$4 to $6 billion industry that continues to i • Share information and resources regarding fam i . ily violence cases with state and local officials. grow and expand.1 It',.is an industry that victimizes I countless children who are exploited in pornographic 1 photographs and films. Task Force testimonyoindicates t Discussion that an alarming number of rape and sexual assault of For the last fifteen fenders report that they were acting out behavior they MiJitaryRecommendation 1: years in America, the had viewed in pornographic materials. Experts also pornography industry testified that the only uses for child pornography are to Military officials should be encouraged to continue their has had a definite and responsiveness to ending violence and abuse within lower the inhibitions of the child, gratify the sexual desires devastating impact on m~litary !amilies and should continue to work Cooper the stability of the of the pedophile, and control and blackmail the child. atively wIth state and local governments in addressing the American family and The 1970 Commission on Obscenity and Pornography problem. Specifically, military officials should: the relationship be found no relationship between pornography and subse tween men, women, quent anti-social behavior, and its report inferred that and children.-Bruce • Make the issue of family violence. a command Taylor, Attorney pornography was harmless. The report was repudiated priority; by three members of the Commission and by the United States Senate. In the years since, the Commission's data • Coordinate their activities with and make use of local service pro~iders; Every child isapoten and analyses have been severely challenged by scholars, tial victim. Child por clinicians and criminal justice practitioners. However, the • Pr~yide adequate training to all personnel involved nographel'S are sl'rigle in family violence issues; and minded propagandists; findings of the Commission have, been used to demean current research and efforts to address the problem in • Share information and resources regarding family they are at work in '\ violence cases with state and local officials. every size community light of new findings and understandings:~ " and among every socio- .. Pornography is a complex issue that cannot be easily economic group. They addressed. The Task Force welcomes and offers its full F~milY violence does not end when someone puts on are organized and they a ulllform. Whether the incidence of family violence is are willing to sup]!,vrt support tQ the newly formed National Commission on -----:".'~ .I 2 higher in the military than in civilian families in unknown. each other /eijdllTand Pornography. Further, the Task Force recommends J( But in serving ytheir country, military families undergo emotionally. They have that the Commission should examine: the nature, extent, J ' a powerful underworld &nd effects of pornography on society, concentrating Ir ~a~~ stressf~l. situations not U:s~(my experienced by network of peers focused ,~) U ; c.lvllIan fa~ulIes. These include frequent separa " .especially on the areas of child pornography; the enforce j totally on children as tIOns of fanuly"members, regular moves, often to foreign targets.-Rita Rooney, ment of obscenity statues; and the development of model \ . ; Journalist legislation. I !, I ' tr L .> or ,« " -«' .. -~------. ~-- . 114 countries, and separations from members of the extended family and friends. The Department of Defense, recogniz ing the importance of the problem, issued a Directive in May 1981 establishing Family Advocacy Programs. 3 The No family advocacy Directive mandated that each service create a program program can be suc to address the prevention, evaluation, and treatment of cessful without the military having strong child abuse, spouse abuse, and child neglect. This impor support at the com tant step should be augmented by a general effort by the mand. It is the com services to make family violence a command priority. mander who can assure Commanding officers should treat abuse as a crime, ar I that a program is resting violators in accordance with the Uniform Code resourced and fully im plemented; it is he who of Military Justice. They Should ensure that no reprisals, I gives its sanction.-Lt. intentional or otherwise, are taken against victims. For Cdr. Peter McNelis example, commanding officers should ensure that inno I cent family members are not removed from base hous ! ing because they were victims of an abuse incident. I ! In treating family violence as a command priority, it I is essential that the military facility be aware of, and be I able to draw upon, the many services that may be I available in the communities near the military installa I tion. Military ana civilian authorities should share infor mation on such items as resources, new programs, legal I and policy changes, and information regarding military tj dependents. In addition to sharing information, com manding officers should consider reimbursing local I shelters for expenses incurred in serving family members l of military personnel. Commanding officers also should ensure that persons involved in dealing with any aspect of family violence receive appropriate training. Existing program models described to the Task Force should be shared across the services and replicated as widely as possible. Finally, commanding officers should share data related to reported cases of abuse with appropriate state and local officials. States should be required to report to military officials all reported incidents of abuse among military families living off-base and, conversely, military officials should be required to inform appropriate civilian au thorities of cases occurring on the grounds of a military installation. '\. II \ . " C' Conclusion c' (',(.I c Q \ ,, \ o o .It ·tJ ,,' J; J> 'e ~ \ '<, 0, o ~5'~D " { ' .• • \' ~, .. I~; ------.------~------:------.--- .--.,.. ,-"'....,--~-~.~-,.-., --~-~.-~-.-- •.~-.'~>- .. -.-.----""'-..-~~:-=~~~~~~~---"'-~~~. -l I 118 i 119 Research on strong families seems to indicate that rela Conclusion ti~nal traits are the most important to family welI bel~f·2 This is a shift from the past when strong families Throughout the months that the Task Force members were evaluated on the basis of function such as achiev studied "the darker side" of American life, we were con ing economic survival, providing protection, or confer tinually reminded that there is hope for families in .:ing status. As society has changed, the nurturing, car trouble. mg as~ects of family life are now valued the most highly. As we heard the heart-rending stories of victims, we As Important as our families are to us individually and also heard from counselors, volunteers, and public of to the health of the nation, it is crucial that public policy ficials about new, creative ways to help fatnilies caught support and strengthen family values and family well in the cycle of violence. Though the problems are dif . being. How goes the family, ficult, painful and complex, much is being done. The family is the bedrock of civilization. America so goes the nation We found that Americans are compassionate people, derives its strength, purpose and productivity from its Fay A ngus, Concerned willing to come to the aid of their neighbors. From coast Women of America commitment to strong family values. For our nation to to coast', volunteer programs abound. Many family .'/ thrive and grow, we must do all that we can to protect, charities have been in business for years and are now support, and encourage America's families. stretching to respond to the increasingly visible trauma of family abuse and sexual assault. Newer self-help groups, started by victims and offenders, have mush roomed by meeting a need for specialized treatment and understanding. We found that the veil of secrecy covering family violence is gradually being lifted. Many victims, instead of being blamed for the crime, are being heard. People are coming to their aid. The criminal justice system is be ing re-examined to more adequately protect the victim. Professionals are becoming sensitized to the problem and aware of their responsibilities. The general public is 'r: becoming informed and involved. The rustle of change is being felt in Midwestern courtrooms and police depart ments, large Eastern service agencies, Southern school districts, and Western hospitals and clinics. The changes are slow in coming and are by no means universal, but they are incredibly encouraging and provide great hope Family ties of any for the future. ".. sort-but particularly We found that Americans are family people. In spite the bond of parents to of the intense stresses on family life in our time, people their children-demand emotional, financial, cherish their families. We found a growing commitment and temporal sacrifice to family values., and a considerable Indeed, we found many healthy families iJ;l America II degree of personal risk with great interest and concern for their own family well and selj-denial.-Dr. being. More research is being done on healthy families. l Allan C. Carlson, .Rockford .Institute In the past, researchers have studied family problems . Now they,', are beginning to study successful families and how they cope and grow, so that we can teach these skills and attitudes to troubled families. ..() , -~-.....------. ------.,. 0" .1\ .. -, o II " () co o o Appendices o o 11 tl \ Ii \ Q, \ () a , \ ... . 6 \ : --.-----~- \" 122 Witnesses;(.' Before the Attorney General's Force on Family Violence Witnesses at each hearing are listed according to the order in which they appeared before the Task Force. Hearing in New York, N.Y. December 1-2, 1983 ) The Honorable William French Smith, Attorney General c I of the Upited States, U.S. Department of Justice, Washington, D.C. The Honorable Lois Haight Herrington, Assistant United States Attorney General, U,:S. Department of Justice, Washington, D.C. \ Donna Medley, Executive Director, National Coalition d Against Domestic Violence, Washington, D.C. Janice, Sister of victim Jean, Mother of victim Dr. Murray Straus, Professor of Sociology and Chairper son, Family Research Laboratory, University of New Hampshire, Durham, N.H. Valerie, Victim Mary Haviland, Park Slope Safe Homes Project, Brooklyn, N.Y. Diane, Victim Laura, Victim ,. Ann, Victim " \ Lucy N. Friedman, Director, New York City Victim Serv \. ices Agency, New York, N.Y. The Honorable . Jack A. Krauskopf, Commissioner/ Aqministrator Human Resources Administration, New York, N.Y. \.\' Marjory D. Fields, Brooklyn Legal Services, Brooklyn, [~ N.Y. ~-= .. Jo Ann DiPola, Executive Director, Northern Westchester County. Shelter, Westchester County, N. Y. v (, " Lila Fontana/Uhler, Victim ------~-. ,i I , I 124 I Sara Moore Lashley, Delaware County Cent~:r Against 125 Rape, Media, Pa. *Rosemary Barber-Madden, Ed.B., Assistant Professor j Clinical Public Health, Center for Population and Family II Joyce Thomas, R.O., M.P.H., Director, Child Protec ;1 Health, New York, N.Y. 11 tion Center, Children's Hospital National Medical Ii Center, WashiIi'gton, D.C. *Donald R. Belsole, Director, Division of Criminal I Ii Justice, Department of La'Y, and Public Safety, Trenton, II Barbara Neuman, Chief~ Sex Crime Unit, Brooklyn N.J. 1/II District Attorney's Office, Brooklyn, N.Y. Inspector James P. Shugart, Community Relations Divi *Nechama Masliansky, Project Coordinator, City Coali tJ sion, Metropolitan Police Department, Washington, tion on ~hUd Sexual Abuse, New York City Women's I: D.C. Bar Association, New York, N.Y. II *Hubert Williams, Director ~ Newark Police Department, '.\ ,j .II Richard Tidwell, Deputy Director, Division of Public 1i Newark, N.J. Ii Safety, Office of Criminal Justice Planning, Columbia, I' S.C. ri" 'I Jayne Crisp, Director, Victim Witness Assistance Pro * Did not testify due to time constraints. Written II g~am, Greenville, S.C. 11 testimony sUbmitted. I D}. Evan Stark, Human Resources Development, Bridgeport, Conn. Judy Eimicke, Associate Commissioner for Programming Hearing in Det:roit, Mich., and Planning, New York State Department of Social December 14~15, 1983 Services, Albany, N.Y. .,~) '() Mary Ann McCabe, Director, Child Sexua.l Abuse Proj ect, New York State Department of Social Services, N~w Inspector James Jackson; Detroit Police Department, Y(~rk, N.Y. Detroit, Mich. Joan Roach, Social Worker, Boston, Mass. ! Alice Belden, Director of Social Services, Children's Joe Dell'Olio, Executive Vice President, Child, Inc., Hospital of Michigan, Detroit, Mich. Wilmington, Del. ~;;" LucilleCantoni, Associate Executive Director, Family Daq Armstrong, Head of Services for Men's Programs Services of Detroit and Wayne County, Detroit, Mich. and Clinical Services for Children, Child, Inc., Wil Katie, Victim mington, Del. Sergeant Jack Sheppard, Community Services Division, Jose de Alfaro, Cornell University Family Life Center, . Michigan State Police, East Lansing, Mich. New York, N.Y. Phil McPeek, Case~~rk Supervisor, Children's Aid , Susan \k~lIy Dreiss, Pennsylvania Coalition Against Society, Detroit, Mi~J. I Domestic Violence, Harrisburg, Pa. Victim (name withheld on request) Joan Kuriansky, Executive Director, Women Against Barbara Meyer Lucas, M.D., Director, Child Abuse and Abuse, Philadelphia, Pa. .. -, Neglect Prevention Program, Mount Carmel Mercy ;~ t Ann Erickson, Victim 1".( Hospital, Detroit, Mich. c, I Geneva Johnson, President and CEO, Family Service Sue, Victim I Jill, Victim If Association of America, New York, N.Y. H !€ G Chris Phelps, Director, Rutland County Battered Dr. Cyrus Stewart, Michigan State University, East ;:;) I, Women's Network, Rutland, Vt. Lansing, Mich. , !-:..'t- Barbara Fox, Institution for the ProteGtion of Gay & Les Diva, Victim I ,0 bian Youth, New York, N.Y. Roslyn, Victim .. Robert Wald, President, EMERGE, Boston, Mass. I Kathy Kenny, Domestic Assault/Rape, Elimination Serv L Liz, Victim ,) ices, YWCA, Port Hllron, Mich. ,- Martha Wray, VIBS, Smithtown,.Long Island, N.Y. Kate, Victim C' Former abuser Anthony Bouza, Ghief of Polic~, Minneapolis, Minn. John McMahon, EsqUire, New York, N.Y. '~ :' ~-, ~, " 126 Ellen Pence, DirectOJ:, Domestic Abuse Intervention Proj ect, Dulqth, Minn. Eli Miletich, Chief of Police, Duluth, Minn. David Nyquist, Probation Officer, Duluth, Minn. The Honorable William R. Sweeney, Judge, Family Court Division, Duluth, Minn. Barbara Sh~w ~ Illinois Coalition Against Domestic Violence, Springfield, Ill. " Judge Roy O. Gulley~ Director, Administrative Office of the Illinois Courts, Springfield, Ill. Julie Hamos, Special Assistant to the State's Attorney of Cook County, Chicago, Ill. , Reuben Greenberg, yhief of Police, Charleston City Police Department, Charleston, S.C. Lucile and Lee Sumpter, Grandparents'-Children's Rights Incorporated, Haslett, Mich. Patri~tt Hudson, Instructor, State and Local Training Program, Federal Law Enf~rcement Training Center, Glynco, Ga. /, Wendy Gail GO!cl~'g, R.N., Henry Ford Hospital, Divi sion of Liaisp'li Psychiatry, Detroit, Mich. j Charles Geifl~r, Cas~worker, Catholic Social Services of II II . i Wayne Cou\rty,:::::::1'~~ ~or, MICh. ' j George, Fo~er ab~3er, ' · ~. j ,R 0 d ney, VIC ~m , Mary Agnes ~fan, Case~orker, Catholic Social Services of Wayne Co/~nty, Taylor, Mich. 1\ I Karen, Victin'i, } Jacq,u, eline DJ~~.~, Commu~ity ~ental Health, Eme~~ycy'''> Telephone Ser '~ce, DetrOIt, MICh. ,f-~ I y 11 ~~::" Nuriel, W", Int<>.o;im F..onse, Detroit, 1l )l" rCA Ii II Bertha, Victirr{ t Ii on Women and Fam- ] ~argaret TO~\~~,,~ationa~~nter 'l Ily Law, New Yt>~~,=l\!.I~-n--~,;,,:=:J . . t·J VI Ray Helfer, M.D., Professor, Department of PedIatrICS 1<1 ·f:! and Human Development, Michigan State University, J:( \ East Lansing, Mich. " ~j Deborah Cain, Director, Haven - Domestic Violence ",,'1'I:! Shelter, Pontiac, Mich. , Delores, Victim J Delphine, Victim "!I; Victim (name withheld on request) " (II Pat, Victim RicttardL. Douglass, M.P.H., Ph.D., Director, Institute of Aging, JewishoHome for Aged, Detroit, Mich. I' I , , \ , 128 129 Dr. Ric~ard K~ugman, Director, C. Henry Kempe The Honorable Janice P. Dreiling, Associate District FoundatIOn, NatIOnal Center for the Prevention & Treat ,I Judge, Bartlesville, Okla. ment of Child Abuse, Denver, Colo. Karen Gardner, Arkansas Coalition Against Domestic Sandra McDade, President, Louisiana Eagle Forum Violence, Harrison, Ark. Shreveport, La. ' Pat Bates, Executive Director, Metropolitan Organiza Jayne Schindler, President, Colorado Eagle Forum, I tion to Counter Sexual .Assault, .Kansas City, Mo. Brighton, Colo. Jim DeChant, Therapist, Metropolitan Organization,to D.orothy English, FLAG (Family, Law, America, God), Counter Sexual Assault, Kansas City, Mo. LIttle Rock, Ark. Donna, Victim T~e ~onorable Jack E. Gant, Judge, Jackson County Bea McPherson, Educationa1 Director, Society's League CIrcUlt Court, Independence, Mo. Against Molestation (SLAM), Littleton, Colo. Albert Riederer, Prosecuting Attorney, Jackson County, Dennis Moore, District Attorney, Johnson County, Mo. Olathe, Kan. K~vin Regan, Assistant Prosechting Attorney, Kansas Brigette Peterson, Founder, Mothers' Organization for C!tlY, Mo. the Protection of Children, Milwaukee, Wis. Les Wight, Esquire, Independence, Mo. Dr. George Rekers, Department of Family & Child Professor Ann Bristow, Kansas State University, Depart Development, Kansas State University, Manhattan, Kan. ment of Psychology, Manhattan, Kan. Gladys Dickelman, Chairman, Social Concerns Commit , Terry Satterlee, Attorney and Board Member Citizens tee, National Association of Evangelicals, Park Ridge, Ill. r; for Missouri's Children, St. Louis, Mo. ' Dr. John P. Murray, Director, Youth & Family Policy rG I' The Honorable Barbara Potts, Mayor, Independence, Studies, Father Flanagan's Boys Town, Boys Town, ,I Mo. 11 Neb. I; l; Lysle Weeks, Businessman, Chairman of the Board Beth Mosdick, Social Services Supervision, Missouri Hope House, Independence, Mo. ' Department of Aging, Kansas City, Mo. Jack Knapp, CO-Chairman, STOP! Violence Campaign Michael Couty, Missouri Division of Drug and Alcohol Kansas City, Mo. ' Abuse, Jefferson City, Mo. Suellen Fried, Co-Chainnan, STOP! Violence Campaign Betty Williams, Director, Department of Social Policy, Prairie Village, Kan. ' United Charities of Chicago, Chicago, Ill. Judy ~oehle~, Illinois State Legislator, Henry, Ill. Dr. Lynn Ammin Schroder, Director, Catholic Charities Georgia Nesselrode, Victim/Witness Advocate Presi of Kansas City-St. Joseph, Inc., Kansas City, Mo. dent, Kansas Association on Domestic Violence,' Salina Dr. Karen W. Bartz, Director, Program Development Kan. ' Services, Campfire, Inc., Kansas City, Mo. Comene Corley, Victim/Witness Advocate, Kansas City, (,I Mo. Dr. Deborah WUson, Assistant Professor School of Hearing in Seattle," Wash., Justice Administration, University of' Louisville \) 1 January ,18-19, 1984 Louisville, Ky. ' I ,, j Linda May, Director, Ro~e Brooks Center, Kansas City, , Mo. I The Honorable Kenneth Eikenberry, Attorney General, Merle Holcomb, Director, YWCA Spouse Abuse Center I State of Washington, Olympia, Wash. Louisville, Ky. ' I Norm Maleng, King County Prosecuting Attorney, " , Shirley, Victim I Scattle~Wash. l Jo Cantwell, Victim I Karil S. Klingbeil, M.S.W., A.C.S.W., Harborview Maggie Arzdorf-Schubbe, St. ,Paul, Minn. " I Medical Center, Social Work Department, Seattle, Wash. Mary Pat Brygger , Director, Domestic Abuse Project Jacquelyn Walker, Victim Minneapolis, Minn. ' r Grace Brooks, Director, YWCA Women's Support Sue Malone, Victim Shelter, Tacoma,o 'Nash. 130 Arlene White, Victim Elaine Ko, Victim Dr. Vicky Boyd, Chief of Mental Health Services, Group Health Cooperative of Puget Sound, Seattle, Wash. Pamela, Victim D. P. Van Blaricom, Chief of Police, City of Bellevue, Bellevue, Wash. Lee Drechsel,Executiye Director, Eastside Domestic Violence Program, Bellevue, Wash. 'it Henriett~. Nearing; Victim Ruth Gundle, Esquire, Oregon Legal Services, Portland, Ore. Annette Jolin, Chair, Police Internal Investigative Audit Committee, Portland, Ore. Susan Wilder Crane,· Coordinator, Abused Woman Proj j ect, Evergreen Legal Services, Seattle, Wash. Lynda Johnson, Victim I o Judy Sedacca, Victim Joanne Tulonen, Director, Battered Women's Project, :I Seattle, Wash. Lori Dawson, Victim ' I Victim (name withheld on request) 'I{ Jerry Wertzbaugher, Municipal Attorney, Anchorage, 1 Alaska " I ! The Honorable Barbara T. Yanick, Municipal Court of I Seattle, Seattle, Wash. Victim (name withheld on request) " I Dawn Statham, Executive Director, Idaho Council on Domestic Violence, Boise, Idaho Barbara Miklos, State Director, Alaska Council on Domestic Violence and Sexual Assault, Juneau, Alaska Vietta Helmle, Director, Mid-Vall~y Women's Crisis Service, Salem, Ore. Ruth Nordenbrook, Assistant United States. Attorney, Brooklyn, N.Y. Jennifer James, Ph.D, KIRO-TV and News Radio Com mentator, Seattle, Wash. Chris Wiltmn, Victim c " Linda Reppond, Executive Director, The Shelter, Seattle, Wash. Rebecca Ro~, King County Senior Prosecuting Attorney, Seattle, Wash. Doris Stevens, M.S.W., Director, Sexual Assault Center, , . j : ; ,I Harborview Medical Center, Seattle, Wash. , ,1 Victim (name withheld on request) i r o .. \,,! Victim (name withheld on request) 1 ! ! • .______-..:.!::.....:.i... __~ ______~_~_~_'_'- __-~'-""__'_____~~ __'.\...Jl.____"~. ~ __ ' ---', ______._-_._-_._------ 132 133 Joyce Dorrycott, San Antonio, Texas Jeanine Ferris Pirro, Assistant District Attorney, White Ann Marie "Sam" Cerda Aaron, Victim Plains, N.Y. Margaret Embry, Victim Lieutenant Colonel Peter J. McNelis, U.S. Army, Direc The Honorable Alfred S. Regnery, Administrator, Of tor, Family Community Programs, Washington, D.C. fice of Juvenile Justice & Delinquency Prevention, U.S. Major Hank Vader, U.S •. Air Force, Program Manager, Department of Justice, Washington, D.C. Air Force Family Advocacy Program, San Antonio, (I James M. Wootton, Deputy Administrator, Office of Texas Juvenile Justice and Delinquency Prevention, U.S. Melissa, Victim Department of Justice, \Vashington, D.C. Deborah Tucker, Executive Director, Texas Council on . Christine DeLange, The Family Place, Dallas, Texas Family Violence, Austin, Texas Peggy, Victim, . John McPhaul, Businessman, Austin, Texas Betty Button, Executive Director;'Senate Committee on Joan Welsh, Chairperson, National Coalition Against Health & Human Resources, Austin, Texas Domestic Violence, Boulder, Colo. Kenneth Lanning, Supervisory Special Agent, Behavioral Toby Meyers, Ed.D., Houston International Hospital, Science Unit, F.B.I. Academy, Quantico, Va. Houston, Texas Mary Jo Robinson-Hardin, Director, Women's Resource Victim (name withheld on request) and Rape Assistance Program, JacKson, Tenn. Sarah, Victim Sherry L. Payne, Ph.D., Deputy Director, Abuse Services Erin Pizzey, Author, El Suzette Ashworth, Ph.D., Assistant Commissioner for Lynda llichardson, St. Benedict's Health Care Center, I Q Comr,nunity Care Services for the Aged and Disabled, San Antonio, Texas ,\ Texas Department of Human Resources, Austin, Texas Pat Bohne, Director, Guardianship Advi50rY' Board, Inc., San Antonio, Texas . Hearing in Sacramento, Calif., Ross Newby, Texas Commission on Alcoholism, Austin, February 15, 16, & 17, 1984 Texas . J~m Marquart, Assistant Commissioner for Child Pro tective Services, Texas Department of Human Resources, The Honorable James K.,Stewart, Director, National In Austin, Texas stitute of Justice, U~S,. Department of Justice Washington, D.C. 'II, ~------~-- b 134 Alyss1J.m Long, Victim 135 The Honorable C. Everett Koop, M.D., U.S. Surgeon Jack Dugan, Director, Crime Prevention Center, Office General, Washington, D.C. of the Attorney General, Sacramento, Calif. Barbara Dyal, Victim, accompanied by Reverend James Deanne Tilton, Administrative Director, Inter-Agency Duncan Council on Child Abuse and Neglect, El Mont'e, Calif. The Honorable John Vasconcellos, Chairman, Com Christina Crawford, Victim mittee on Ways and Means, Assembly California Nancy and Tom, Victims Legislature, Sacramento, Calif. Lupe Arellano, California Women of Color Against Robert H. Philibosian, District Attorney for Los Angeles Domestic Violence, Gilroy, Calif. County, Los Angeles, Calif. Debbie Lee, California Women of Color Against Rebecca, .Victim Domestic Violence, Gilroy, Calif. Deborah Morrow, Victim/Witness Program, Sacra I Marya Grambs, Co-Director of the Women's Founda mento, Calif. tion and Victim, San Francisco, Calif. G. Albert Howenstein, Executive Director, Office of Michele Aiken, California Alliance Against Domestic Criminal Justice Planning, Sacramento, Calif. r Violence, Modesto, Calif. Detective Lloyd Martin, Founder, Found~jjon for ! Esta Soler, Director, Family Violence Project, Office of America's Sexually E~ploited Children, Bakersfield, I the District Attorney, San Francisco, Calif. Calif. Sue Martin, California Alliance Against Domestic Patti Lindebaugh, Executive Officer, Society's League Yiolence, San Mateo, Calif. Against Molestation (S.L.A.M.), Camarillo, Calif. Jerry Carlin, Case Manager, Mt. Zion Hospital & Dr. Henry Giarretto, Executive Director, Institute for the Medical Center, San Francisco, Calif. Community as Extended Family, San Jose, Calif. Dorothy, Victim Larry, Former abuser The Reverend Marie Fortune, Center for the Prevention Bob, Victim of Sexual and Domestic Violence, Seattle, Wash. Suzanne, Victim ,J Dr. Anne Ganley, American Lake Veteran's Administra-' The Honorable Judith Rogers, National Council of tion Center, Tacoma, Wash. " Juvenile and Family Judges, Little Rock, Ark. The Honorable Pete Wilson, United States Senate, I' Mary M. Emmons, Executive Director, Children's In Washington, D.C. 0 stitute International, Los Angeles, Calif. Dr. Daniel J. Sonkin, California School of Professional Martha Ross, "Victim Witness Advocate, Kokua Victim Psychology, San Francisco, Calif. Witness Program, Honolulu, Hawaii' Richard, Former abuser Leslie, Mother of victim Willie, Former abuser Linda Almdale, President, California Conscortium of George, Former abuser Child Abuse Councils, Sacramento, Calif. Dr. Bruce A. Woodling, Director, Ambulatory Forensic Eva Jefferson Paterson, Assistant Director, San Fran Medicine for Ventura County, Ventura Calif. as co Lawyers Committee on Urban Affairs, San Fran -Mack M. Vines, Chief of PoliQe, Charlotte, N.C. cisco, Calif. Diane Loper, Director, Nevada Network Against Pauline Gee, Esquire, California Rural Le~al Assistance, Domestic Violence, Sparks, Nev. ' Marysville, Calif. Dr. Robert Edwards, Criminal Justice PrograI,!l,Univer- Dino Thompson, Executive Director, Northlaq.d Crisis sity of Wisconsin, Superior, Wis. . Nursery, Flagstaff, Ariz. Denise Johnson, Vice President-Director, Victim Ruth Edwards, Victim/Witness Assistance Division, Assistance Program, Continental Insurance Company, District Attorney's Office, Oakland, Calif. Piscataway, N.J. Carlene Hampton, Victim Jerry Anastasio, Victim Assistance Program, Continen C. Jean LaNotte,' PreSident-Founder, Save the Abused tal Inturance Company, Piscataway, N.J. o Youngsters (S.T.A.Y.), Fresno, Ca~. Eugene Junette, Natiopal Chairman, Play It Safe Com mittee, Fresno, Calif. - Wilbur Brantley, Play It Safe Committee, Fresno, Calif. I 136 137 I 7. Non-Stranger Violence~' The Criminal G70urts Notes Response. , I The Justice System I 8. Community-ba~ed multi-disciplinary teams can con sist of psychologists, social workers, pediatricians, hospital emergency room staff, and law enforcement 1. Testimony of Dr. Evan Stark, New York hearing, officers who ,meet to determine the nature of ea~h December 2, 1983. Stark, Evan, M.D. and Flitcraft, abuse case and, then develop a plan of action that is \, 7 Anne, M.D., "Woman-Battering, Child Abuse and in the best interest of the family. Examples of com Social Heredity, What Is The Relationship?" munities where such teams are functioning are: Seat SOciological Monographs, London 1984. tle, Washington, Los Angeles, California; Detroit, Michigan; Independence, Missouri; Bronx, New 2. U.S. Department of Justice, Federal Bureau of In York; Washington, D.C.; Long Beach and vestigation, Uniform Crime Reports for 1983 Sacramento, California. Testimony of Sergeant Jack (Washington, D.C.: U.S. Government Printing Of Sheppard, Detroit hearing, December 14, 1983; Doris fice, 1984). Stevens, Seattle hearing, January 19, 1984; mother i l ; of child abuse victim, Sacramento hearing, February /" I 16, 1984. 3. Ibid., p. 11. ) ,:,: i 9. Testimony of Deanne Tilton, Sacramento hearing, 4. The American Humane Association, Child Protec ! tion Division, Highlights of Official Child Neglect I February 16, 1984; C. Jean LaNotte, Sacramento and Abuse Reporting, 1982, (Denver, Colorado: The hearing, Fec/ruary 16, 1984. American Humane, Association, 1984). 10. Testimony of John Jorclan, Chief Deputy District At I\ torney, 18th Judicial District, Littleton, Colorado. 5. Ib~d., p. 3. Mr. Jordan obtained the defendant's agreement to allow a child victim's testimony to be videotaped for presentation at trial. The defendant, defens~, attorney 6. Smith, Barbara E., Non-Stranger Vi61ence: The and prosecutor viewed the interview behind one-way Criminal Courts Response (Washington, D.C., Na glass. The interviewer was fitted with an earpiece that tional Institute of Justice, 1983). Sherman, Lawrence allowed b m \,« b .« , + 138 13. The Police Foundation, Domestic Violence and the Police: Studies in Detroit and Kansas City, (National Institute of Justice, 1977). 14. Ibid., p. 9. 15. Loving, Nancy; HResponding to Spouse Abuse and Wife Beating: A Guide for Police," (Washington, D.C.: Police Executive Research Forum,(1980) .. 16. Testimony of Reuben Greenberg, Chief of Police, Charleston, South Carolina, Detroit hearing, December 15, 1983. Chief Greenberg noted that, for the safety of the persons remaining in the home, his officers ask whether there are any dangerous weapons that they would like removed. Receipts for the weapons are issued and the weapon is returned in 90 days. Alternatively, by obtaining a court'order, the owner can regain possession in 24 hours. 17, Op. Cit. at 6, "The Minneapolis Domestic Violence Experiment. " I 18. Testimony of 'Barbara Shaw, Detroit hearing, December 14, 1983, citing the Illinois Domestic Violence Act § 302(b), Ill. ANN. St'l;t. Ch. 40. The statute requires the Clerk of Courts to transmit orders of protection to the sheriff, who in turn is required ! to furnish copies to the Department of Law Enforce ment's computerized information system. These records are continuously updated and are used to in I form dispatchers and law enforcement officers of the existence of a protection order when responding to iI' ~. 'I an incident of family violence. When a victim is unable to produce a copy of the o~der o~ there is some \~ question as to the validity of an order, police officers can verify the order and the provisions by checking the central state repository. 19. Lerman, Lisa G., Prosecution of Spouse Abuse: In novations in Criminal Justice, Response (Wash ington, D.C.: Center for Women Policy Studies, ! 1981), I ' I I' I I I \i 140 141 San Antonio hearing, February 1, 1984; Detective American Bar Association, testimony on the Battered Lloyd Martin, Sacramento hearing, February 15, Child Syndrome is widely accepted throughout the 1984. i United States in juvenile court civil proceedings. , - ~~.;. - , -, ~- ' /~ 28. Testimony of Sydney Karr, Kansas City hearing, 33. Testimony of Dr. Ann Bristow, Kansas City hear January 11, 1984; Carmen Ray-Bettineski, Seattle ing, January 11, 1984. At least 20 states have accepted hearing, January 19, 1984. The Court Appointed expert testimony on the battered spouse syn Special Advocate program (CASA) originated in drome: Alabama, Alaska, California, CQ~orado, Seattle, Washington. The program uses specially Georgia, Indiana, Iowa, Kansas, Maine, Michigan, trained volunteers to advocate for children involved Minnesota, Montana, Nevada, New Jersey, 1983 Domestic Violence ReportJ New Jersey State" Family Self-Help Center, Joplin, Missouri. Police, Uniform Crime Reporting Unit. This study .. " " ,- ~ found that 30 percent of domestic violence offenses 2. TestimonY 'of Margaret Johnson, Fordham Treat occur on Saturday and Sunday. The report also shows ment Community Mental Health Center, Bronx, New that 68 percent of domestic violence offenses Occur i . York, New York hearing, December 1, 1983; Mar from 6 p.m. to ~ a.m. ;, c tha Wray, VIBS, Smithtown, Long Island, New York ! I hearing, December 2, 1983; Robert Wald, EMERGE, I t 3l. Testimony of Judge William R. Sweeney, Detroit" New York hearing, December 2, 1983; Mary Agnes hearing, December 14, 1983. According to Judge Ryan and Charles Geiger, Catl)olic Soc~al Serv!ces (I of Wayne County, Michigan, DetrOIt:: hearmg, Sweeney, the Duluth Division of the Minnesota Pro I; bate and Juvenile CourLd,esignates two days of the December 15, 1983; Claire Williams, National Cor I regular (.~ourt calendar to hear family vidlence cases. rective Training. Institute, Mark Robinson, RAVEN, Kansas City hearing, January 11, 1984; Maureen I . Saylor, . Sex· Offender Treatment Program, Seattle 32. Am.erican Bar ASSOciation, National Legal Resource I hearing, J~nuary 19, 1984; Dr ..:H~nry Giarretto, () Center for Child Advocacy and Protection, Child " . ! ,~ " I Sexual• Abuse and the Law (1983). According to the , ~""7-:. Q !\ ~-~-- -. --_. I 142 143 Philadelphia, Philadelphia,' Pennsylvania; Chris Institute for the Community as Extended Family, I Phelps, Rutland County Battered Women's Network, Sacramento hearing, February 15, 1984; Dr. Daniel iI" Rutland Vermont; Linda Daniels and Kathy J. Sonkin, California School of Professional Kenny, Domestic Assault and Rape Elimination Serv Psychology, Sacramento hearing, February 16, ! j ices, Port Huron, Michigan; Barbara Shaw, Illinois 1984; Anne Ganley, Ph.D., American Lake Coalition Against Domestic Violence, Springfield, Il Veteran's Administration Center, Sacramento hear linois; Hedy Nuriel, YWCA Interim House, Detroit, ing, February 16, 1984; Lonnie Hazelwood,Family Michigan; Deborah Cain, Haven-Domestic Violence Violence Diversion Network, Austin, Texas. Shelter, Pontiac, Michigan; Anita Smith, Action for Battered Women in Ohio, Columbus, Ohio; Lysle 3. Testimony of Lucille Cantoni, Family Service of Weeks, Board of Directors, Hope House, Inde Detroit, Detroit hearing, December 15, 1983; Cynthia pendence, Missouri;:::;Linda May, Rose Brooks .t\!1derson, Montgomery County Services, Bethesda, Center, Kansas City, Missouri; Merle Holcomb, [email protected]. YWCA Spouse Abuse Center, Louisville, Kentucky; Maggie Arzdorf-Schubbe, Minnesota Program for Battered Women, St. Paul, ·Minnesota; Karen Gard 4. Testimony of Lynda Richardson, St. Benedict's ner, Arkansas Coalition Against Domestic Violence, Health Care Center, San Antonio hearing, February Harrison, Arkansas; Gracie Brooks, YWCA 2, 1984; Marie Louise Ansak, On-Lok, San Fran Women's Support Shelter, Tacoma, Washington; Lee cisco, California. Drechsel, Eastside Domestic Violence Program, Belle vue, Washington; Susan Crane, Washington State 5. Testimony of Dr. Vincent Fontana, New York hear Shelter Network; Barbara Miklos, Alaska Council on ing, December 2, 1983; Dino Thompson, Sacramento Domestic Violence and Sexual Assault; Vietta hearing, February 15, (1984. Helrnle, Oregon Coalition Against Domestic and Sex ual Violence; Linda Reppond, The Shelter, Seattle, Washington; Caren Robinson, AWARE, Juneau, d 6. Testimony of Raymond Raschko, Elderly Services, r\ Alaska; Dawn Statham, Idaho Council on Domestic U.i Community Mental Health Services, The Violence; Christine DeLange, The Family Place, !\! f,l Gatekeepers, Seattle hearing, January 19, 1984. I, Dallas, Texas; Deborah Tucker, Texas Council on ; ~ I il >, I Family Violence, Austin, Texas; Joan Welsh, Na r·t, .-, 7. The Task Force heard from the following represen tional Coalition Against Domestic Violence, Boulder, tatives of organizations that provide shelter for vic ! Colorado; Sarah Mickey, Albuquerque Shelter for tims of family violence: II. Victims of Domestic Violence, Albuquerque, New I Mexico; Margaret Atkinson, New Mexico Coalition Donna Medley , National Coalition Against Domestic Against Domestic Violence, Gallup New Mexico; Gail Violence, Washington, D.C,; Mary Haviland, Park Martin, Gulf Coast Women's Center, Biloxi, Slope Safe Hom~s Project, New York; Lucy Fried 1 Mississippi; Lupe Arellano, La I~a Pacifica, Gilroy, man, New York City Victim Service Agency, Project California; Diane Loper, Nevad~ Network Against Oasis, New York; JoAnn DiPola, Northern West- Domestic Violence, sparks,~~da. II chester County Shelter, New York;'Carolyn Fisch, Rockland County Family Shelter, Spring Valley, New 8. Testimony of Martha Ro/sJramento hearing, York; Bonnie Maurer, New York State Coalition February 15, 1984. V Against Domestic Violence, Woodstock, Neyv York; Joseph Dell'Olio, Child, Inc., Wilmington, Delaware; Susan Kelly-Dreiss, Pennsylvania Coali 9. Testimony of Dr. Guadalupe Quintanilla, San tion Against Domestic Violence,Harrisburg, Penn Antonio hearing, February 1, 1984; Lupe Arellano, sylvania; Joan Kuriansky , Women Against Abuse in" IJ I 144 145 I Sacramento hearing, February 16~ 1984. California Department of the Interior, Department of Housing 11 and Urban Development, and ACTION. II Women of Color provide bilingual and bicultural II services to victim assistance agencies. II )" 19. These agencies include: Office of Juvenile Justice 11 10. Op. cit. at 8, Martha Ross, Sacramento hearing. The and Delinquency Prevention, National Institute of Ii!, \' Victim/Witness Advocate Services in Honolulu pro Justice, Bureau of Justice Statistics, Federal Bureau vides .information for clients in Hawaiian, Korean, of Investigation, Federal Law Enforcement Training Center, Glynco, Georgia, U.S. Coast Guard, Office II and Japanese and explains the American court system Ii to ethnic clients. Testimony of Gracie Brooks, Seattle of Human Development Services, National Center on It hearing, January 18, 1984. Child Abuse and Neglect, Administration on Aging, ~ fI National Institute of Mental Health, National In U stitute of Drug Abuse, The National Institute of 11 11. Public Housing Authorities are regulated by the 'I Alcohol Abuse and Alcoholism, Center for Disease Department'of Housing and Urban Development and Control, and Bureau of Indian Affairs. I receive federal funds to provide public housing for I low and moderate income families. Section 8 Existing Housing is a rental subsidy program which uses pri 20. Senate Bill 2423; "Victim Assistance Act of 1984" vate market properties to house qualified families. requires that each state receiving federal funds for i The family pays a percentage of the rent and the its victim assistance; programs appoint, a Victim I PHA subsidizes the remainder. Assistance Administrator. I { ! I 12. National Organization for Victim Assistance, Victim j 21. Testimony of Mayor Barbara Potts, Kansas City j Rights and Services: A Legislative Directory (Wash hearing, January 12, 1984. Mayor Potts met with all ington, D.C., 1984). community charities and service providers to assess J I ! the needs of their city. It was determined that a shelter was needed and businesses, men's clubs, churches, 13. U.S. Department .of Justice, National Institute of and in.dividuals joined together to establish Hope Justice, Compensating Victims of Crime: An House in Independence, Missouri. I Analyses of American Programs (July 1983). j 22. Testimony of Leonard Lieber, Parents' Anonymous, 14. Gp. cit. at 12, Victim Rights and Services, p. 2. Kansas City hearing, January 11, 1984; Dr. Henry Giarretto, Parents United, San Jose, California, 15. Testimony of Joyce Thomas, New York hearing, S;Flcramento hearing, February 16, 1984. I December 2, 1983. 23. D'p. cit. Justice System at 28, Sidney Karr, CourtAp 16. Op. cit. at 13, Compensating Victims of Crime, p. 64. \ pointed Special Advocates; Oarmen RaY-Bettineski Guardian Ad Litem Progratrl)CASA. . ' 17. Ibid. 24. Testimony of, Marion Gillerlain, Spouse Abuse I Education and Prevention Project of the Junior 18. Federal departments and agencie,s involved in fam i t : Leagues of Kansas City, Missouri, Inc. The Junior ily violence activities are: Department of Justice, League is working with local banks to enclose in Department of Treasury, Department of Education, formation on local shelters in a monthly bank Department of Defense, Department of Transporta statement. tion, Department of Health' and Human Services, - \, ,..~.! "'--""''''''',.,. b" '146 147 25. Testimony of The California 2% Club, Sacramento, California. Education and Training 26. Testimony of the National Conference of State .; Legislatures, Denver, Colorado. 1. Testimony of Ronald Reeves, M.D.; Kansas City hearing, January 11, 1984; Joyce Olson, R.N., Kansas City hearing, January 11, 1984, Bruce Wood 27. Testimony of Joan Welsh, San Antonio hearing, ling, M.D., Sacramento hearing, February 16, !february 2, 1984. 1984. 28. Lerman, Lisa G.; Livingston, Franci; Jackson, Vicky, 2. Op. cit. Justice System at 28, Sidney Karr, Kansas ,. "State Legislation on Domestic Violence," Response, City hearing; Op. cit. Victim Assistance at 21, Mayor . 5 (Center for Women Poll'cy Studies, 1983). Barbara Potts and Lysle Weeks, Kansas City hearing .. I Testimony of Maureen Hughes, Association of d 29. Op. cit. at 26, National Conference of State Junior Leagues, New York hearing, December 2, Legislatures. 1983. The Junior Leagues are involved in family j·i violence programs in 80 cities, and 60 Leagues are p n 1- " engaged in community programs for the elderly. ~ U Prevention and Awareness Testimony of Dr. Karen Bartz, Campfire, Inc., Kan i~ sas City hearing, January 12, 1984. Campfire, Inc. H t,! J. Testimony of Lucy Friedman, Victim Services teaches boys and girls involved in its clubs non ij Agency, New York City, New York hearing, victimization and self-reliance skills. Testimony of December 1, 1983; Jo Ann Martens, We Help Christina Crawford, Inter~agency Council on Child Ourselves Program (WHO), Dallas, Texas, San Abuse and Neglect (ICCAN)~ Sacramento hearing, Antonio hearing, February 1, 1984; Mary Stinson, February 16, 1984. ICCAN is a unique partnership the Pebble Project, 'Austin, Texas, San Antonio hear between a government-based, child abuse council and ing, February 1, 1984; Mary Jo Robinson-Hardin, a privately-based support group which raises funds ~ircle of Love, Jackson, Tennessee, San Antonio for ICCAN neighborhood family centers, a model hearing, February 1, 1984; Eugene Junette, Play It, developed by professionals and supported by the Safe COmmittee, Fresno, California, Sacramento community. hearing, February 17, 1984. Data Collection and 2. The National Center on Child Abuse and Neglect (NCAN) reports that four states have established Reporting 24-hour statewide hotlines for reporting child abuse and neglect; nineteen states have established toll-free 1. u.s. Department of Justice', Bureau of Justice hotlines. The National Coalition Against Domestic Statistics, Report to the Nation on Crime and Justice, . { Violence (NCADV) reports that six private organiza (Washington, D.C.: U.S. Government Printing Of. .. o tions"fiilve established statewide toll-free hptlines for fic~, 1983). reporting spouse abus'e. "' ,j..' 2. Op. cit .. Justice Systemat9~ Deanne, Tilton, . 3. TestimoIiY of Deanne THt(m, Sacramento hearing~ Sa~ramento hearing. ~Februafy 16, 1984. Ms. Tilton reported that sexual -::: '" ".c:"' abus~ was.pe~king at age'A. ~, ~;:. 148 149 3. 42 U.S.C. § 4582 (1976) ("Alcohol Treatment Act") cards. The FBI can exchange identification informa and specific confidentiality regulations promulgated tion with states, if authorized by a state statute ap thereu.nder, 42 C.F.R. § 2.11(0) (1982); 42 C.F.R. proved by the Attorney General. § 2.II(e) (1982). 3. "The Tax Treatment of Households of Different 4. 42 U.S.C. § 5101-07 (1976) ("Federal Child Abuse Size, " Eugene Steuerle, American Enterprise In Act") Cl;nd the regulations promulgated thereunder, stitute. 45 C.F.R, § 1340 (1982). . 4. Present Department of Labor regulations prohibit 5. Ope cit. Victim Assistance at 6, Raymond R. work at home in seven industries: knitted outerwear, Raschko, Seattle hearing. Testimony of Dr. Sally women's garments, embroidery, handkerchief Althoff, Seattle hearing, January 19, 1984. manufacturing, jewelry manufacturing, button and buckle manufacturing and gloves and mittens. The Research only exceptions are for individuals who are unable to leave home due to physical or mental impairment, those who are caring for an invalid in the home, and I. Seven federal departments and one independent those who can establish that they are independent agency are involved in some aspect of family violence contractors. (29 U.S.C. § l1(d), 29 C.F.R. 530) prograIIlII1ing. The four offices that conduct the ma jority of family violence research are: the National 5. Congressional Office of Technology Assessment, Institute of Justice and the Office of Juvenile Justice March 1983, estimated that the economic costs of and Delinquency Prevention, both located within the alcohol-medical bills, time lost from work, property Department of Justice; and the National Center on damage and other costs is as high as $120 billion per Child Abuse and Neglect' and the National Institute--' year. of Mental Health, within the Department of Health and Human Services. Other agencies involved in 6. Fifth Special Report to the U.S. Congress on Alcohol c.lude: the National Institute of Drug Abuse; Na and Health, U.S. Dept. of H.H.S. Public Health tIOnal Institute of Alcohol Abuse and Alcoholism', and the Center for Disease Control. Service, National Institute of Alcohol Abuse & Alcoholism, December 83. The report indicated that '" csurveys found alcohol involvement in as many as 38 L~gislative percent of child abuse cases and 60 percent of all I spouse abuse incidents. I. Testimony of Maureen Saylor, Rebecca Roe, and ,I Doris Stevens, Seattle hearing, January 19, 1984; , 7. Epstein, Cameron and Room, R., "Alcohol and Family Abuse" Alcohol Casualties, and Crime. Patty Linebaugh, Sacramento hearing, February 15 (I 1984. ' ; Report prepared for the National Institute on Alcohol Abuse and Alcoholism. D <;,{ 2. Testimony of Special Agent Melvin D. Mercer, Jr., '. 8. Testimony from Michael Couty, Missouri Division . Chief, Recording and Posting Sections, Identifica \\ tion Division,Federai Bureau of Investigation before of Drug and Alcohol Abuse, Kansas. City hearing, January 12, 1984; Ross N'ewby, Texas Commission the Subcommittee on Juvenile Justice, Judiciary on Alcohplism, San Antotlio hearing, February 2, Commit.tee, United States Senate, 1984. The FBI has a national ingex where a single inquiry can be made 1984; Cifr"istine B. Lubinski, National Council on Alcoholism, Inc., o Washington, D.C.; Walker, to. det~rmil}e whether a person has a prior criminal Lenore, The Battered Women, Harper and Row, r~ord: InqUiries, an~> proces's~~ using fingerprint . 7 New York, 1979. .... ! .. ------~--.- ~------ 150 o 9. Gp. Cit. at 6. 10. Testimony of Evan Stark, New York City hearing, December' 2, 1983. 11. Testimony of Jayne Schindler, Kansas City hearing, January 11, 1984; Michael Couty, Kansas City hear ing, January 12, 1984; Ross Newby, San Antonio hearing, February 2, 1984; Donna Muldrew, San Antonio hearing, February 2, 1984 and Deanne Tilton, Sacramento hearing, February 16, 1984. 12. Public Law No. 98-369 (1984). 13. John Manfreda, Assistant Chief Counsel (Alcohol and Tobacco), Bureau of Alcohol, Tobacco and Fire arms. 14. Sonia Conly, Financial Economist, Office of Tax Analysis, Office of the Secretary, Department of Treasury. The additional revenues generated would be $2 billion from beer, $100 million from wine, and $70 million from distilled spirits. These calculations 1 are based on projected alcohol beverage sale levels for fiscal year 1985. The figures do not include tran sitional adjustments that might be expected from in creasing the uix. 15. Testimony of incest victim, Detroit hearing, .'\ December 14, 1983. 16. Testimony of incest victim, Seattle hearing, Jan uary 19, 1984. Q,~ , 17. Testimony of adolescent sexual abuse victim, Seattle ~ hearing, January 19, 1984; Rosemary Puryear, San Antonio hearing, February 1, 1984. 18. Testimony of Norm, Maleng, King County Pros ecutor, Seattle, Washington, Seattle hearing, J an If' uary 18, 1984. See sp~cific state statutory provisions for criminal statutes of limitation for Alaska, Califor nia, Colorado and Washington ...... ------...... \ « -~. ------'. -Q!2 ••...... 152 -3-. T==:~::~-'-I I~ws and procedures, especially as they relate to family 153 vIOlence. Mr. Ashcroft is also, the author of several text Antonio hearing, February 2, 1984. ) books on business law. 4. Testimony of Dr. Arthur Kornha~er before the Sub committee on Separation of Powers, U.S. Senate, Al~n Wolbert Burgess is the Van Ameringen Professor I November 9, 1983. o~ Nursing at the University of Pennsylvania; Associate D!rector of Nursing, Research Health and Hospitals". I CIty of Boston, and a frequent instructor at the FBI , Conclusion Academy!..n Quantico. Dr. Burgess has written extensively (, c::o 'I R on the rape and sexual victimization of children. In ad ~ dition to her academic and administrative Dr. 1. Dr. Nick Stinnett, University of Nebrf:;ska, Depart Pos~tions, Burge~s has held ~'1urnerous positiQns on various advisory I ment of Human Oevelopment and the Fami~y. t cL,\commIttees and panels, and has received many academic ! honors and awards. , ,2. Dolores Curran, Traits of a Healthy Family, Winston -~':: ~. I. press, 1983. I ~'rsula Meese is the executive director of the William Nnoss Institute, a center founded to studY' and provide I ~hformation on issues and trengs affecting family and life . I ~;n the future. She is a member of the Monitoring Board I~ : of UNESCO and serves as a delegate to the United Na II.1, \1 l1 \' William L. Hart is the Chief of Police in Detroit, tions Commission on the Statuf&"Women. Mrs. Meese Michig~n. A police veteran of over 30 years, Chief Hart I was a U.S. Delegate to Central Africa with Ambassador advanced through the ranks and was appointed chief in 1 Jeane Kirkpatrick, working with women in development. 1976. He has developed highly innovative and successful I She has served as a counselor for the Crisis Intervention Ii strategies for response to domestic violence as well as for Center in Sacramento and as a Deputy Probation Offi'3er I) "crime prevention. Chief Hart holds a'doctorate in Educa in Alameda County, California, specializing in child neglect and child custody. tional Sociology from Wayne State University and is ~. ',,! 1972 graduate of the FBI National Academy. In 1981 he i·1 Ruben B. Ortega is the Chief of Police in Phoenix 'liL_' f served as a member of the U.S. Attorney General's Task (~ I Arizona. A 23-year veteran of the department, he 1 Force on Violent Crime. Chief Hart was .appointed by prog~ .1 President Reagan and is currently serving as a memoer ressed t?ro~¥h the ranks to become chief in 1980. Chief 'I of the National Advisory Committee of the Office of Ortega IS a graduate. of the National Executive Institute Juvenile Justice and Delinquency·Prevention. conducted at the FBI Academy. Chief Ortega also is ac~ tive in many civic and law enforcement organizations in cluding the Board of Directors of the National Con I John Ashcroft is currently \~erving his second term as the ference of Christians ,and Jews, the YMCA Corporate Attorney General for the S1ta.te of Missouri. Prior to his c:? \ Board, the Executive Committee of the International election, Mr. Ashcroft servetlas Missouri's State Auditor. \ Association of Chiefs of. Police, and the Arizona Law Mr. Ashcroft is a past presi~lent of the National Associa Enf,orcemen~ Officer Advisory Council. tion of Attorneys General ~r4, in 1983 was awarded the " Wyman Award as the attorll,ey general who has done the Newman Flanagan is currently serVing his second term most to advance the object!fves of that -association. As a,s District Attorney of SuCfolk County (Boston), attorney general, Mr. Ashcr~~ft has had many notable ac M~ssachusetts, and has instituted many progressive pro~' complishments in the legal a~'eas of consumer protection, grams for family violence victims. He is the past presi anti-trust, and environmentl~l protection. Mr. Ashcroft dent of the National District Attorneys Association. In is also in charge of his state'~ crime prevention program and is an advocaie~f strengthening Missouri's criminal ------~------~------~------ 154 addition to his many professional affiliations, Mr. Flanagan is also very active in community organizations. rehabilitation counselor and two y(!ars as supervlsmg He is a past state deputy of the Massachusetts State Coun counselor for the NAACP Training Program. cil of the Knights of Columbus; a member of the Board of Directors of the Boston Council of the Boy Scouts of Marise Rene Duff was special assistant to the Director America; a trustee of the Leukemia Society of America, of the National Institute of Justice immediately prior to and a youth hockey coach since 1960. He is also a director becoming the executive director of the Attorney General's of the Cardinal Cushing School and Training Center in Task Force on Family Violence. Previously, Ms. Duff Hanover, Mass. served two years at the White House as a senior policy analyst, specializing in criminal justice issues. Ms. Duff Clyde Narramore is a licensed psychologist and family is a member of the American Bar Association and has and marriage counselor in Los Angeles. He is the founder served on the Victim's Rights Committee of the ABA Criminal Justice Section. and director of the Narramore Christian Foundation, which offers mental health services to people from around , the world. Dr. Narramore served as a consulting psychologist on the staff of the Los Angeles County iI Superintendent of Schools for thirteen years, and i~ the ! author-of numerous books including The Psychology of t Counseling, The Encyclopedia of Psychological Prob I "- lems, and the soon to be published, Trouble in the Fam ',}I ily. Dr. Narramore also has written and produced films " on the family and hosts national television and radio pro " 1 1 grams on psychology and family matters. \ I ,r Catherine Milton serves as an assistant to the president of Stanford University. lVls. Milton served as assistant director of the Police Foundation, during which time she wrote several books including, Women in Policy and con ducted studies on family homicic::les. While working with . the U.S. Senate Special Committee on Aging, Ms. Milton helped draft the, "Omnibus Victims' Protection Bill of .1 1982;" and has been ,involved in the development of a federal victims compensation bill. She is former director of the American Bar Association's Female Offender Resource Center. In addition, she organized a victim's education initiative for the National Judicial College. Frances Lowery Seward is the former direcf@r, of the Jamaica Services Program for Older Adults, Inc. and secretary of the Victims of Crime Advocacy League. She also serves on the Board of Directors of the National Organization for Victim Assistance. Her diverse experience luis been gained from community work and employment, including nine years with the New York State Drug Abuse Control Commission as a 156 157 Task Force Staff experts both within and outsid~ the federal govern ment. Marise Rene'Duff, Executive Director It shouldbe noted that the order in which the recom William Modzeleski, Deputy Director mendations are presented and numbered is not meant to suggest their relative importance or priority for action. Virginia]. Bell Other matters of presentation should be clarified. Both 0..,,' Deborah Feinstein men and women are victims and perpetrators of family Susan Hay, violence,. The use of traditional masculi~~ pronouns is Martin Jenkins inclusive of both genders, and isnot meant to imply the David O'Connor contrary. The use of the term abuse also should be con Frank Thorwald sidered to include all types of family violence. Finally, John Vukasin to protect the security and confidentiality o£ the courageous victims who came forward to share their in Florence Fisher, Administrative Assistant valuable insight and perspective with the Task Force, Sandra E. Volk, Secretary quotations that appear in the margins do not list the in dividual victim's name. Victims also are not identified Deborah Newton, Secretary ,,' by name in the appendix if they have requested anonymity. Suzanne Holm, Intern I Lisabeth Beatty, Intern J . " o Methodology " I ~ [j '" In developing this report, t~e Task Force relied on '" I severaLsources of information: 0 I • Public testimony provided in six cities by nearly 300 o .. witnesses who included victims of family violence; (·'11 volunteers, practitioners and professionalS who have assisted family violence victims; and a variety of persons , who have special knowledge relevant to the issue of ' \ violence within the family. These witnesses are listed in '\" the Appendix to this report. • Written testimony provided by hundreds of I volunteers, professionals, practitioners, scholars, victims, l. and Plembers of the general .public from across the country. " " ,. Staff research into specific i~sue areas that included lit~ature searches and interviews "with victims and " j , j .'.! .« ,. ,." ." L> \., '\( ~ I \ " /. i· ! )1 o ." (;. 14 4;> Q J;'! I ",\ '.'