Office of the Attorney General Washington, D.C. 20530

Dear Friend:

October was recognized by the President as Domestic Awareness Month. The month gave all of us an opportunity to gather information, hold discussions, and increase awareness about . However, if we are going to be successful in putting an end to , we must keep the issue at the forefront all year long.

Violence against women is perpetrated in all types of intimate relationships and crosses economic, education- al, cultural, racial, and religious lines. Nearly one-third of women murdered each year in the are killed by their current or former intimate partners. Approximately 1 million women are stalked each year, and 1 in 36 college women is a victim of an attempted or completed in each academic year. As a result, across the country, women live in constant fear that they will be attacked at home, at work, at school, or in public places. Few women walk home alone at night without being concerned for their safety.

To assist communities and individuals engaged in activities to end violence against women, we are pleased to announce the development of the Web-based Toolkit To End Violence Against Women. The Toolkit was devel- oped by the National Advisory Council on Violence Against Women, a council that is chaired by the U.S. Department of Justice and the U.S. Department of Health and Services. The recommendations and information contained in the Toolkit were the result of input from leaders and practitioners around the country with expertise in domestic violence, , and . Input was also provided by key individuals working in the areas of criminal justice, health, sports, faith, the media, the military, and entertainment. As you know, to end violence against women we must change our culture, and all facets of society need to play a role.

The Toolkit comprises 16 chapters that provide recommendations for strengthening prevention efforts and improving services for victims. Each Toolkit chapter focuses on a particular audience and includes recom- mendations for a range of professionals. The format is designed to help readers quickly pinpoint topics of interest, and each chapter is relevant to more than one group of individuals. We encourage you to consult all chapters of the Toolkit for instruction, guidance, and inspiration.

The Toolkit will be available beginning November 1, 2001, at the following Internet address: http://toolkit.ncjrs.org. We consider the Toolkit to be a “living” document that will evolve as the issues sur- rounding violence against women continue to grow. We encourage your feedback and look forward to work- ing with you to eradicate violence against women and to make this country a safer one for all individuals.

Sincerely,

John Ashcroft Tommy Thompson Attorney General Secretary U.S. Department of Justice U.S. Department of Health and Human Services Communities Identify gaps in servicesIdentify gaps for Collaborate with community Ensure that staff and volunteers of sexual Ensure that staff and volunteers Adequately fund sexual assault and domestic Develop a range of mechanisms to ensure sur- a range Develop Support leadership development for women from for women Support leadership development Expand efforts to educate local and state policymakers Expand the services offered to survivors of sexual assault, dat- Target funds for strategies and services developed by and for under- strategies and services funds for by developed Target groups that are interested in integrating response to violence against women response to violence against that are interested in integrating groups into their work. may Ensure that informal that women neighborhood networks turn to for support and are adequately informed women about violence against community resources. available capacity. Increase organizational to ensure their stability and effectiveness. violence programs Inform policymakers. Build partnerships with community groups. vivor involvement in the design, involvement vivor evaluation, and enhancement of outreach strate- gies and services. and survivors Support role of victim advocates the leadership in coordinated community responses, councils, coordinating task forces, and entities. other collaborative specific competent and culturally of culturally Expand the availability services. served and marginalized communities and populations. Develop new leadership. and confidentiality. Protect privacy all necessary take assault and domestic violence programs steps to protect the of their communications with victims,confidentiality and privacy including safe- guarding files and records and the informed of confidentiality. use of written waivers been have who about the impact of proposed policies and legislation on women sexually assaulted, battered, or stalked, survivors in these efforts. and involve Seek and use survivor input. and linguistic competence of community programs. Increase the cultural With community partners, of sex- network responsive commit to building a more and services.ual assault and domestic violence programs Institute hiring and recruitment policies and practices to ensure that staff reflect the communities are serving.they underserved and marginalized populations to increase their participation in efforts women. to end violence against Ensure that all victims have a safe place to turn. a safe place have Ensure that all victims assault,all victims of sexual and domestic violence, and stalking. Educate the public, legislators, community leaders. and to strategies Develop of core crisis services exist. none where increase the availability Expand services. ing and domestic violence, and stalking, including more long-term counseling, assistance with housing and employment, and culturally specific services. Chapter 1. Strengthening Community-Based Services and Advocacy for Victims for Advocacy and Services Community-Based 1. Strengthening Chapter What Communities Can Do To Make Make To Do Can Communities What a Difference Chapter 1 Strengthening Community-Based Services and Advocacy for Victims

Ensure Quality Services in Dual began in the early 1970s against domestic violence and established the model for community-based Programs organizations providing services and advocacy to women and their children. Initially, sexual assault eeting the needs of all survivors of vio- and domestic violence advocates focused on creat- lence against women requires collabora- ing crisis hotlines, support groups for victims,1 and M tion and information sharing between “safe homes” and emergency shelters for battered sexual assault and domestic violence service women. As advocates helped individual women providers. Many communities have created dual negotiate the courts, health care, and social service programs that address both sexual assault and systems, disturbing patterns emerged—e.g., insti- domestic violence. However, sexual assault serv- tutional responses that were biased, uncoordinated, ices are often disproportionately understaffed, and confusing; blamed victims for their assault or underfunded, and unable to provide even core ; and too often endangered women and chil- services to the community. dren. The need for systemic change was identified, and public policy advocacy took on new urgency. If communities are considering developing dual programs or combining sexual assault and domes- Advocates effectively worked with federal and tic violence services into the same agency, they state elected officials to pass and implement more should first investigate the potential benefits, pit- effective sexual assault, dating and domestic vio- falls, and unintended consequences of merging or lence, and stalking laws; increase funding for serv- maintaining separate programs. In communities ices; and provide better training for those involved where only one program provides sexual assault in ensuring safety, recovery, and justice for sur- and domestic violence services, measures must be vivors. More than 1,300 sexual assault programs taken to ensure that sexual assault programming is and more than 1,900 domestic violence programs equitable and fully developed. Policies and proce- now exist in communities across the nation; the dures should be carefully structured and monitored number of victim advocacy programs offering sup- to ensure that sexual assault intervention and pre- port and protection to women who have been vention activities receive equitable support. stalked is also growing. Sexual assault and domes- tic violence coalitions exist in every state; national organizations also offer comprehensive training, Strengthen Services and technical assistance, and systems advocacy on Advocacy for Victims and violence against women issues. Survivors Although funding has expanded in the past 10 years for both sexual assault and domestic vio- The antirape movement organized in the late lence programs, and justice agencies have 1960s laid the political foundation for work that enhanced their ability to protect victims, the

| 1 availability of services has lagged behind the Provide More Comprehensive pressing needs that women and children face.2 Rural communities, communities of color, tribal Services and Advocacy reservations, immigrant and refugee groups, incar- cerated women, older women, women with dis- Research and practice have provided a more com- abilities, and others too often remain marginalized plete understanding of the incidence, prevalence, and have benefited far less by the advocacy efforts forms, and impact of sexual assault, acknowledg- of the past 30 years than women in the main- ing the pressing need for a greater range of servic- stream. As programs develop, increased attention es and broader expertise. Increases in the number is focused on recognizing and responding to of sexual assault and acquaintance rape sur- women’s diverse interests and concerns. A chal- vivors reaching out for help have placed new lenge facing all community-based sexual assault, demands on sexual assault programs. Similarly, domestic violence, and stalking programs is to domestic violence advocates are challenged by the provide support and leadership while respecting complexity of issues facing battered women. and learning from the women and communities Different resources and staff/volunteer skills are with whom these programs are working. needed to provide appropriate services and advo- cacy for immigrant or migrant battered women, poor women, women with substance abuse or Ensure That All Women Have a mental health problems, and women requiring long-term support. Place To Turn Still, most women who are sexually assaulted, bat- Many states have three times as many counties to tered, or stalked do not reach out to sexual assault serve as sexual assault and domestic violence pro- or domestic violence programs. They may not grams to serve them. The problem is particularly know such programs exist, be able to access them, acute in rural areas, but many large cities also face recognize that what has happened to them is a chronic shortages of emergency shelter beds and crime, or find the services provided relevant to crisis services for battered women and their chil- their needs or experiences. New outreach strate- dren. Most sexual assault programs struggle to gies must include building new alliances between provide core services such as hotlines, medical victim advocacy programs and other community and legal system advocacy, and crisis counseling groups that bring services and support closer to to women in their communities. Few communities the women who need them. have developed services specifically designed to assist stalking victims outside the context of sexu- Appreciation has deepened in regard to the diver- al assault or domestic violence. sity of women’s experiences with sexual and phys- ical violence and the differences in the women’s However, more women are reaching out for serv- circumstances, resources, and interests. Advocates ices than ever before.3 As the criminal justice, understand the need to tailor responses to the par- health, welfare, and social service systems more ticular needs of each , respecting and sup- regularly identify sexual assault, dating and porting her decisions and increasing her domestic violence, and stalking victims and refer understanding of options, and to her sense of con- them to community-based services, the demand trol. This approach is more responsive to the for these programs’ services has increased signifi- complexity of women’s lives and more likely to cantly. Public education and awareness efforts enhance women’s safety, recovery, and well- have also informed more women how to access being.4 services and have encouraged them to seek help.

2 | Toolkit To End Violence Against Women Enhance Services and Programs Ensure that every intervention is grounded in being responsive to victim needs and interests for Marginalized and and holds offenders accountable for their Underserved Women and behavior. Communities Encourage communication, coordination, prob- lem solving, and collaboration among institu- Culture has a tremendous impact on the way indi- tions, community agencies, and the community vidual women experience and interpret violence, as a whole. how and where they look for help, and how they respond to and use formal and informal service Help develop a vision and plan for ending vio- systems. Sexual assault and domestic violence lence against women in the community. programs must continue to make services more relevant and accessible to all women and more Meeting the needs of all women dealing with vio- culturally appropriate and specific to the commu- lence also requires collaboration and information nities they serve. Additionally, marginalized and sharing between sexual assault and domestic vio- underserved communities are encouraged to create lence service providers, advocates, and experts.5 services and programs that are by and for their members. Often, organizations that have tradition- To fulfill these roles, community-based sexual ally provided services to specific populations assault and domestic violence programs require (regardless of whether those services specifically adequate resources, leadership development targeted violence against women) are in a better opportunities, and technical assistance from within position to serve women from that community. the advocacy movement and support from the jus- tice, health, social service, and other systems. Many victims of sexual assault and domestic vio- lence require a continuum of responses and servic- Similarly, state coalitions and national sexual es. Sexual assault or domestic violence programs assault and domestic violence organizations, alone cannot provide all of the services, support, including national hotlines and resource centers, and protection needed by survivors and their chil- play a critical role in advocating on behalf of dren. The effort must be communitywide. women’s interests by fostering collaboration; bringing new partners into the movement to end violence against women; changing systems, poli- Increase Organizational cies, and laws to protect victims; providing train- ing and technical assistance to guide program Capacity To Provide Responsive development and public education efforts; and guiding and leading prevention efforts. These Services and Community national and state organizations also struggle to Leadership secure adequate resources to meet the demands of their work. Although many sexual assault and domestic vio- lence programs are currently understaffed and Outlined on the following pages are specific underfunded, they are increasingly being urged to actions that local communities, private funding address a broader and more complex range of sources, sexual assault and domestic violence pro- issues and to assume key leadership roles within grams, state coalitions, and state and national sex- coordinated community response efforts. ual assault and domestic violence organizations Community-based sexual assault and domestic can take to eliminate violence against women. violence programs have been assigned several critical tasks:

Chapter 1. Strengthening Community-Based Services and Advocacy for Victims | 3 Ensure That All Women Have a 3. Get and use survivors’ input in design, evaluation, and enhancement of program policies and practices. Place To Turn Develop various mechanisms to ensure ongoing survivor input into policy analysis, program 1. Increase availability of core advocacy and support development, systems change, program evalua- services, such as crisis hotlines, information and refer- tion, and public education activities. rals, support groups and counseling, emergency shel- ters, and legal, medical, and economic advocacy. Solicit input from survivors through surveys, focus groups, intake and exit interviews, and Identify unserved and underserved areas within other strategies designed to obtain broad feed- each state and county, focusing on both rural back from diverse women. and urban areas. Target additional resources to areas with the most pressing needs. Invite survivors to participate in analyzing the information and discussing its implications Establish new sexual assault and domestic vio- and its applications to policy and program lence programs in unserved communities or development. counties. Ensure that funding for dual programs ade- 4. Work collaboratively with other community agencies quately supports the provision of core services to create an emergency assistance fund to be admin- to sexual assault survivors. istered by local and statewide sexual assault or Expand the capacity of existing sexual assault domestic violence agencies. and domestic violence programs to establish Provide resources to cover emergency expenses outreach or satellite offices. resulting from victimization, including emer- Increase transportation networks to enable more gency relocation and housing costs, transporta- women access to existing services. tion, short-term food and clothing expenses, Train specialized staff to work on violence respite care for children and other dependents, against women issues in other community- emergency medical care including health care based organizations serving underserved areas. evaluations immediately after an assault, and other crisis costs facing victims.

Provide More Comprehensive 5. Enhance sexual assault advocacy and services and their responsiveness to the needs of women who have Services and Advocacy been sexually assaulted. 2. Use advocacy, service delivery, counseling, and Expand the types of services offered, including safety planning approaches that acknowledge the enhanced legal and medical advocacy (such as of each woman’s circumstances, resources, helping survivors secure forensic exams and and interests. long-term evidence storage, treatment for sexu- Provide advocates with the necessary orienta- ally transmitted diseases, and legal accompani- tion, skill training, and ongoing support to ment), long-term counseling, housing and build respectful partnerships with victims and employment advocacy, community outreach survivors. and education, grassroots organization, and more effective use of information technology to Analyze the range of relevant risks and needs reach survivors and the community. each woman faces, as well as options and resources, and offer the most responsive serv- Increase program capacity to respond to victims ices and advocacy. of different forms of sexual assault, including adult and child survivors of child Prepare to assist battered women in strengthen- and survivors of acquaintance rape, rape within ing and effectively implementing ongoing safe- or cohabiting relationships, and drug- ty plans. facilitated and same-sex sexual assault.

4 | Toolkit To End Violence Against Women Provide services that are responsive to survivors 7. Enhance collaborative relationships among sexual who have emergency housing needs, live in assault, domestic violence, and stalking programs remote areas, have been prostituted or traf- within the same community. ficked, have chronic mental health needs, have Provide cross training for sexual assault, been raped in the context of war, or have also domestic violence, and stalking program staff been stalked—including victims whose stalkers and volunteers on violence against women, the have used the Internet to harass or threaten services and advocacy provided by other pro- them. grams, and appropriate referral strategies. Remove barriers to current services or provide When appropriate, share staff to best meet the alternative services in special situations. Ensure needs of women seeking assistance. For exam- that services are available to women who may ple, an interpreter for hard-of-hearing victims or require them for longer than is typically a substance abuse counselor may not be needed allowed, speak languages other than English, full time at any single agency but might be have mental health problems or substance abuse shared among several. histories, or face criminal charges; undocument- ed women; women living with HIV/AIDS; and 8. Expand efforts to educate local and state policy- women with . makers about the impact of proposed policies and legislation on women who have been sexually assault- 6. Enhance domestic violence advocacy and services ed, battered, or stalked; involve survivors in these and their responsiveness to needs of battered women. efforts. Expand the range of services offered to battered As resources allow, monitor and document the women, such as welfare, housing, education, response of criminal and civil justice, health employment, medical and legal advocacy, serv- care, welfare, and other systems to violence ices and advocacy for nonsheltered women, against women, and report both positive and transitional housing, and followup services to negative results to the community. sheltered women and their children. Provide appropriate referrals to every woman 9. Investigate and carefully expand the use of new information and communications technology to who seeks emergency shelter but is turned away improve services, outreach, and education related to because of lack of space or because her needs violence against women. fall outside program capacity. Expand emer- gency housing options in communities by sup- Institute appropriate safeguards to address 6 plementing beds available through battered privacy and confidentiality concerns. women’s shelters, including hotels/motels, “safe Explore how the Internet and distance-learning homes,” hospital beds, and other emergency approaches can provide training and education housing programs. Develop appropriate operat- of survivors and advocates. ing and referral policies to ensure that such options are responsive and safe. 10. Protect the confidentiality and privacy of staff/ volunteer communications with victims, including safe- Ensure that shelter and services are available to guarding files and records and the informed use of writ- women who may require longer stays than are ten waivers of confidentiality. typically allowed, have older children or male children of any age, speak languages other than Provide regular and comprehensive training to English, have mental health problems or sub- all staff and volunteers to ensure they are ade- stance abuse histories, face criminal charges, or quately prepared to maintain confidentiality of are former sex workers or prostituted undocu- communications and records under existing state mented women; women living with HIV/AIDS; statutes and program policies and procedures. women with disabilities or who have children Reflect a commitment to women’s confidential- with disabilities; and survivors of lesbian ity and privacy in all program descriptions, in battering.

Chapter 1. Strengthening Community-Based Services and Advocacy for Victims | 5 oral and written information, with third parties, Focus on victim concerns and safety within and in educational materials. existing collaborations addressing violence Help women protect their privacy with private against women, such as state, county, and local post office boxes, unlisted phone numbers, councils. blocking of caller identification, and flagged records in credit bureau and Increase Responsiveness to databases. Develop and implement privacy safeguards for Marginalized and Underserved programs with an online presence. Women and Communities Develop or expand policies within coordinated community responses to protect the confiden- 12. Increase the cultural and linguistic competence tiality of survivors and appropriately regulate of sexual assault, domestic violence, and stalking the flow of information. programs. Inform community partners about existing laws Engage staff and volunteers at every level of related to confidentiality and victims’ rights, an organization to discuss the meaning and and ensure that information is exchanged in importance of cultural sensitivity and compe- accordance with applicable laws. tence; commit to building a more responsive organization. 11. Build community partnerships to provide survivors Recruit and hire staff, volunteers, and board with needed services; initiate, participate in, and pro- members who reflect the composition of the vide leadership to multidisciplinary community-based community the program is responsible to serve. efforts addressing violence against women. Articulate in organizational documents a com- Designate staff with the responsibility and time mitment to serve victims and survivors from to strengthen collaborative efforts with other diverse backgrounds; challenge sectors of the community. based on race, ethnicity, socioeconomic status, Build new collaborative relationships with pro- and other factors. Review all policies and prac- grams addressing , teen , tices, and modify those that contain or cre- homelessness, poverty, mental health, alcohol ate barriers to accessing services. and drug abuse (including those providing resi- Provide ongoing training for staff about the dential substance abuse or mental health servic- populations the program is responsible to serve; es and those working with communities of provide constructive forums for staff to address color); people with psychiatric, developmental, the reality and impact of , , and physical disabilities; the lesbian, gay, bisex- /, and related ual, and communities; men and to age, , geographic isolation, and reli- boys; and religious, spiritual, and faith-based gious beliefs. organizations. Assume responsibility for understanding and Convene representatives from all systems that speaking out against other forms of oppression affect survivors’ lives, and coordinate the provi- and incidents involving or bias. sion of wraparound services that minimize vic- tim trauma. 13. With community women and other partners, identi- Partner with academic and research organiza- fy natural sources of information and support used by tions to ensure that policy and practice is women in the community, and help ensure that these informed and strengthened by research evalua- sources are adequately informed about violence tion and that research and evaluation initiatives against women and available services. are informed by and responsive to current poli- Support organizations, groups, and individuals cy and practice issues and community needs. already working within local communities—

6 | Toolkit To End Violence Against Women such as migrant health clinics, senior centers, approaches can include expanded definitions lesbian service agencies, disability rights organ- of core services, nontraditional response or izations, neighborhood watches, faith-based prevention strategies, and services delivered groups, and -teacher associations—to through nontraditional entry points. incorporate an understanding and response to violence against women in their work in the community. Increase Organizational Collaborate with leaders from diverse commu- Capacity To Provide Responsive nities to develop culturally and linguistically appropriate brochures, videos, public service Services and Community announcements, posters, and other materials; Leadership distribute them through trusted organizations and community leaders. 16. Ensure program staffing that is adequate, well- trained, and reflective of the community. 14. Support the leadership development of women Provide adequate staff compensation and bene- and men from underserved and marginalized commu- fits packages, ongoing staff and volunteer nities and groups to facilitate their ability to fully par- development, programs and support to address ticipate in efforts to end violence against women. secondary trauma and “burnout,” safe working Incorporate the expertise, perspectives, and conditions, and staff access to specialized con- leadership of underrepresented communities, sultants, including legal, medical, and mental including communities of color and people with health specialists, as necessary to meet commu- disabilities, in the design and implementation of nity needs. services and individual advocacy, outreach, Institute staff hiring and volunteer recruitment public education, training, policy advocacy, and and retention policies that result in staffing evaluation activities of programs. reflective of the community the organization is Increase representation and leadership on pro- responsible to serve. gram boards and within membership structures of national, state, and local sexual assault and 17. Increase state funding for state sexual assault and domestic violence organizations, and ensure domestic violence coalitions. meaningful opportunities for participation in Expand provision of technical assistance, train- policy and program development, planning, and ing, policy advocacy, public education, and priority setting. organization activities by state sexual assault Work collaboratively with government and pri- and domestic violence coalitions. vate funders to expand support for community, state, and nationwide networks, organizations, 18. Increase local and state support for local-, state-, and alliances of communities of color to end tribal-, and national-level meetings, working groups, sexual assault and domestic violence. and conferences. Provide advocates and allies with more oppor- 15. Expand current efforts to develop culturally com- tunities to meet, network, coordinate advocacy petent and specific services for victims, and target and policy work, devise methods to improve funds for programs, services, and new approaches to intervention and prevention efforts, and address address violence against women. emerging policy and practice issues. Ensure that services are designed and imple- mented by and for underserved and marginal- ized populations and communities. These new

Chapter 1. Strengthening Community-Based Services and Advocacy for Victims | 7 Resources National Resource Centers and Advocacy Organizations National Hotlines Violence Prevention Fund Victim Services Helpline (assistance and referral) 383 Rhode Island Street, Suite 304 National Center for Victims of Crime San Francisco, CA 94103–5133 2000 M Street NW., Suite 480 Phone: 415–252–8900 Washington, DC 20036 Fax: 415–252–8991 Phone: 1–800–FYI–CALL Web site: www.fvpf.org TTY: 1–800–211–7996 The Family Violence Prevention Fund works to Fax: 202–467–8701 end domestic violence and help women and chil- Web site: www.ncvc.org/infolink/main.htm dren whose lives are affected by abuse. The Web The National Center for Victims of Crime’s site offers free online catalogs, articles and infor- (NCVC’s) mission is to help victims of crime and mation on abuse and violence, press releases and their rebuild their lives. NCVC works story archives, information on public policy with local, state, and federal agencies to enact leg- efforts, and other resource materials. islation and provide resources, training, and tech- nical assistance. The NCVC Web site provides Institute on Domestic Violence in the African relevant statistics, links to publications, and refer- American Community rals to participating attorneys. 180 McNeal Hall University of Minnesota National Domestic Violence Hotline 1985 Buford Avenue P.O. Box 161810 St. Paul, MN 55108–6142 Austin, TX 78716 Phone: 1–877–643–8222 Phone: 512–453–8117 Web site: www.dvinstitute.org Hotline: 1–800–799–SAFE The Institute on Domestic Violence in the African TTY: 1–800–787–3224 American Community promotes public awareness Fax: 512–453–8541 through public outreach, dissemination of related Web site: www.ndvh.org information and resources, publication of a bi- The National Domestic Violence Hotline uses a annual newsletter, and coordination of conferences nationwide database to provide crisis intervention, and training forums. referrals, information, and support in many lan- guages for victims of violence against women. National Alliance of Sexual Assault Coalitions c/o Connecticut Sexual Assault Crisis Services, Inc. Rape, Abuse, and National Network 110 Connecticut Boulevard 635–B Pennsylvania Avenue SE. East Hartford, CT 06108 Washington, DC 20003 Phone: 860–282–9881 Phone: 202–544–3059 Fax: 860–291–9335 Hotline: 1–800–656–HOPE Web site: www.connsacs.org/alliance.html Fax: 202–544–3556 The National Alliance of Sexual Assault Web site: www.rainn.org Coalitions Web site provides a listing of sexual The Rape, Abuse, and Incest National Network assault coalitions across the country, with (RAINN) offers a toll-free hotline for free, confi- information, URLs, and e-mail links for each. The dential counseling and support 24 hours a day for site includes an online library of relevant articles victims of rape, abuse, and incest. and information that includes research materials as well as fiction and poetry.

8 | Toolkit To End Violence Against Women National Latino Alliance for the Elimination of National Resource Center Domestic Violence 123 North Enola Drive 1730 North Lynn Street, Suite 502 Enola, PA 17025 Arlington, VA 22209 Phone: 1–877–739–3895 Phone: 1–800–342–9908 TTY: 717–909–0715 Fax: 1–800–600–8931 Fax: 717–909–0714 Web site: www.dvalianza.com Web site: www.nsvrc.org The National Latino Alliance for the Elimination The National Sexual Violence Resource Center of Domestic Violence (the Alianza) includes (NSVRC) is a clearinghouse for resources and Latino advocates, community activists, practition- research about all forms of sexual violence. ers, researchers, and survivors of domestic vio- NSVRC works with its partner agency, the lence working together to eliminate domestic University of Pennsylvania, to provide new violence in Latino communities. The Alianza policies for establishing sexual violence interven- serves as a national forum for ongoing dialogue, tions and prevention programs. education, and advocacy. Publications and the Web site are offered in English and Spanish. Stalking Resource Center National Center for Victims of Crime National Network to End Domestic Violence 2000 M Street NW., Suite 480 666 Pennsylvania Avenue SE., Suite 303 Washington, DC 20036 Washington, DC 20003 Phone: 202–467–8700 Phone: 202–543–5566 Fax: 202–467–8701 Fax: 202–543–5626 Web site: www.ncvc.org Web site: www.nnedv.org The National Center for Victims of Crime’s The National Network to End Domestic Violence (NCVC’s) mission is to help victims of crime and (NNEDV) is a membership organization for state their families rebuild their lives. The Stalking domestic violence coalitions that offers advocacy, Resource Center provides resources, training, and information, referrals, technical assistance, train- technical assistance to criminal justice profession- ing, and other opportunities for advocates across als and victim service providers to support locally the country. NNEDV publishes a quarterly coordinated, multidisciplinary antistalking newsletter and the Web site includes an “On The approaches and responses. Hill” page that tracks the latest legislation and government actions on domestic violence. Endnotes National Resource Center on Domestic Violence Pennsylvania Coalition Against Domestic Violence 1. Some victims and survivors chose to identify 6400 Flank Drive, Suite 1300 themselves using one of these two terms. For Harrisburg, PA 17112 clarity, we use “victim” through most of this Phone: 1–800–537–2238 document. TTY: 1–800–533–2508 Fax: 717–545–9456 2. Schechter, Susan (1996). Improving the Web site: www.pcadv.org Response to Domestic Violence: Recommendations The National Resource Center on Domestic to Federal Agencies. Iowa City, IA: University of Violence (NRC) is a valuable source for informa- Iowa, School of Social Work and Injury tion, training, and technical assistance regarding Prevention Research Center. p. 11. domestic violence issues. NRC is also a clearing- house for domestic violence resources and statis- 3. One example of this is the increase in calls to tics that may be used to enhance policies and the National Domestic Violence Hotline over the publications. past 4 years. In the year 2000, the hotline received

Chapter 1. Strengthening Community-Based Services and Advocacy for Victims | 9 an average of 11,000 calls per month, up from 6. For example, sexual assault and domestic vio- 5,000 calls less than 3 years ago. Most calls are lence programs with an online presence should from battered women seeking help, although many develop and implement safeguards that preclude calls are from family and friends of someone the discovery of survivor research and/or contact being abused to request information they can online through information stored on the sur- pass on. vivor’s computer. Sexual assault and domestic vio- lence Internet sites should prevent and eliminate 4. Davies, J., Lyon, E., and Monti-Catania, D. the caching of pages and their content and avoid (1998). Safety Planning With Battered Women: the use of “cookies” whenever possible. Users Complex Lives/Difficult Choices. Thousand Oaks, should be offered warnings and instructions about CA: Sage Publications. clearing the cache and the navigational history and the potential dangers of using “bookmarks” or 5. Promising Practices: Improving the Criminal “favorites.” Users should be encouraged to use pri- Justice System’s Response to Violence Against vate e-mail, and sexual assault Internet sites Women, compiled by the STOP Violence Against should offer links to sites where survivors can set Women Grants Technical Assistance Project up private e-mail accounts. (1998). Washington, DC. p. 11. For a copy, con- tact the National Criminal Justice Reference Service at 1Ð800Ð851Ð3420 or askncjrs.org and reference NCJ 172217.

10 | Toolkit To End Violence Against Women Health Care Create Fully inte- Create measures for evaluating vic- Create measures for evaluating Establish sexual assault, dating and domes- Enact statutes, policies, and procedures that Require that institutions identify, document, assess, Examine and amend state statutes regarding domestic regarding Examine and amend state statutes Encourage the use of standard chart the use of prompts,Encourage documenta- and respond to sexual assault and domestic violence victims’ needs as part of routine licensing and credentialing procedures. as response to violence tim health and mental health status improvement is enhanced. women against Dedicate increased federal, state, and local funds to improving the health and mental health care systems’ women. responses to violence against funding streams and earmarkingInclude exploring the creation of new specific funding within state and local health department budgets. Create oversight and accreditation requirements for sexual assault and Create oversight and accreditation requirements for sexual assault domestic violence care. Establish health care outcome measures. Protect victim health records. victims, discrimination against prevent safety and privacy, enhance victim and information. victims to restrict access to their patient allow Ensure that mandatory reporting requirements protect the safety and health status of adult victims. women. Create incentives for providers to respond to violence against reimbursement codes and mechanisms, quality assurance procedures, and service for domestic violence,packaged programs provision and implement the by sexual assault as recommended toward strategies specifically geared national sexual assault task force. Educate all health care providers about violence against women. care providers about violence against Educate all health guidelines for health care facilities,Create protocol and documentation and disseminate widely. tion forms, reference materials on sexual assault and dating and and provider domestic violence. violence mandatory reporting to require victim consent before reporting in cases adult victims unless the injuryinvolving is gunshot-related or life threatening. Conduct campaigns. Conduct public health tic violence, national,as serious public health issues through and stalking state, health and mental health departments, by and local campaigns and health medical associations, health care institutions. and information grate on the prevention, detection, treatment of sex- and appropriate curriculumsual assault and domestic violence into at all health and mental continuing education programs.health care professional schools and Encourage on domestic violence training to provide group every health plan and provider screening, intervention, documentation, and referral. Chapter 2. Improving the Health and Mental Health Care Systems’ Care Health and Mental Health the 2. Improving Chapter to Responses Women Against Violence What the Health and Mental Health Care Health and Mental the Health What a Difference Make To Can Do Systems Chapter 2 Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women

illions of women are victims of sexual Sexual assault victims are more likely than other assault, dating or domestic violence, or crime victims to attempt .2 More than one- M stalking at some point in their lives, and third of sexual assault victims and battered women the traumatic effects of this violence have a experience symptoms of .3 Forty-six tremendous impact on survivors’ physical and percent of domestic violence victims have symp- mental health. Too many victims never discuss toms of anxiety disorder.4 Victims of both sexual incidents of violence with anyone or approach the assault and domestic violence experience symp- health and mental health care, criminal justice, or toms consistent with posttraumatic stress disorder.5 other system for assistance. However, most Persistent sexual victimization occurring early in women come to health care settings for regular childhood can lead to a range of disorders that can exams, for treatment of specific problems both arise anytime after the traumatic event and last caused by and independent of the abuse, and for indefinitely until appropriate treatment is received. the care of their children and other family mem- Resulting behaviors, such as drug abuse or prosti- bers. Health care providers may be the first and tution, may be deemed criminal and may result in only professionals who see a battered woman or the person being punished. Numerous studies sexual assault victim. This makes the health and nationwide consistently show prevalence rates of mental health care systems crucial points for early sexual abuse histories at 22Ð54 percent among intervention and prevention for women who have women receiving case management mental health survived or are experiencing violence. services and 50Ð70 percent among women in inpa- tient psychiatric facilities.6 The health effects of violence against women are extensive. In addition to possible acute injuries Unfortunately, many health and mental health care sustained during sexual assault or dating or providers still do not view sexual assault, dating domestic violence, physical, sexual, and psycho- and domestic violence, and stalking as public logical abuse are linked to numerous adverse health issues and lack the knowledge, skills, and chronic health conditions. These include arthritis, incentives to intervene appropriately. For example, chronic neck or back pain, frequent migraines or only 9Ð11 percent of the primary care physicians other types of headaches, visual problems, sexual- in California routinely screen patients for domestic ly transmitted infections, chronic pelvic pain, violence during new patient visits, periodic check- increased gynecological symptoms, peptic ulcers, ups, and prenatal care.7 One study in which partic- and functional or irritable bowel disease.1 ipants represented patients and physicians in both a private and a public hospital concluded that both Violence against women is also directly related to patients and physicians favored the practice of adverse mental health effects. Sexual assault trau- doctors inquiring about physical and sexual ma and domestic violence are often life-altering abuse—yet 89 percent of the physicians never experiences resulting in numerous emotional and made such inquiries.8 behavioral responses.

| 1 Sexual Assault and Domestic When primary or secondary prevention strategies are not implemented or are ineffective, tertiary Violence as Overlapping but prevention—a strategy that limits the impact of an Distinct Health Issues injury or disability once it has become serious—is needed. For this discussion, it is important to understand Until recently, the health care system has the interconnections and distinctions between sexu- addressed sexual assault and domestic violence al assault and domestic violence and their implica- predominantly through tertiary prevention strate- tions for health and mental health care system gies. Sexual assault programs handle crisis calls intervention. Medical treatment differs dramatically from victims and survivors; shelters provide tem- for survivors of sexual assault and domestic vio- porary housing for women and children seeking lence. Although competent medical treatment is refuge from abuse. The criminal justice system critical for both, it must occur immediately—from reacts to violent incidents with sanctions for per- the moment a sexual assault survivor or domestic petrators. Similarly, health and mental health care violence victim arrives at a health care facility. In professionals treat the presenting problem (sutur- cases of sexual violence, a victim may have con- ing lacerations, setting broken bones, and prescrib- tracted a sexually transmitted disease as a result of ing antidepressants) usually without exploring the her assault, and pregnancy is often an overwhelm- underlying problem. In one study of 476 consecu- ing and genuine fear. Therefore, immediate and tive women seen by a family practice clinic in the continued access to a full range of reproductive Midwest, 394 (82.7 percent) agreed to be sur- health care services is particularly important for veyed. Of these patients, 22.7 percent had been sexual assault victims. Long term, the followup physically assaulted by their partners within the care for victims of sexual assault and dating and last year, and 38.8 percent of them endured life- domestic violence may involve different types of time . However, only six women treatment, referrals, and support. Factors such as said they had ever been asked about the occur- duration of abuse, unreported history of earlier vic- rence of domestic violence by their physician.9 timization, ongoing safety concerns, and cultural influences are just some of the needs to consider. If violence against women is to be stopped, screening and intervention in the health care set- ting must be supplemented with broad-based pub- Primary and Secondary lic education efforts that inform and address Prevention of Violence Against deep-seated attitudes and give people tools for action in the communities in which they live. Women Despite some gains, far too many Americans con- tinue to hold attitudes that can be construed as Health problems of the magnitude described above excusing the sexual abuser or batterer for his require a broad public health approach with com- behavior or blaming victims for precipitating the prehensive prevention strategies and commitment violence. These attitudes contribute to pervasive to ongoing evaluation. When such strategies are social norms that tolerate and permit abuse. effective, they can prevent health problems (pri- mary prevention) or identify a problem in its earli- Recent public health initiatives to reduce AIDS, est stages (secondary prevention). In this way, smoking, and drunk driving have yielded promis- harm to individuals is reduced, and the long-term ing results and significant lessons that can be used adverse impact on a patient’s health (including to help end violence against women. A campaign mental health) is minimized. For example, early sponsored by The Advertising Council encouraged detection programs for , cervical, and people to speak to their doctors about colon can- prostate cancer can identify and treat these prob- cer. Widespread response showed that public lems before the disease reaches advanced stages.

2 | Toolkit To End Violence Against Women health communication of this kind can be an eliminates many opportunities for early inter- effective tool for addressing topics people feel vention and prevention. By asking simple and uncomfortable discussing (as many people do with direct questions regarding abuse and sexual sexual assault and domestic violence). Not only assault, trained health care providers engage in did The Advertising Council successfully increase vital prevention and early intervention by send- awareness of the problem of colon cancer in just ing a message to women that violence against 6 months of advertising, it also increased the them is a health issue, that they are not alone, number of people discussing the issue with their and that health care providers know and care physicians. about sexual assault and domestic violence. Documenting violence against women. Acute incidents of sexual assault and domestic vio- Clinical Response: Improving lence should be documented accurately, non- the Standard of Care judgmentally, and in detail in the medical record. Documentation of sexual and domestic Virtually every clinical health and mental health violence improves both continuity and quality care provider treats victims of sexual assault and of care by allowing the provider to understand domestic violence, although most are unaware that the impact of violence on current and future their patients have formerly or recently been health problems or injuries. Proper documenta- abused. Historically, health care providers have tion also facilitates reimbursement and referral viewed violence against women as a social/legal to additional services, but confidentiality must issue or even as a private family problem, outside be maintained throughout the process. Detailed their purview and inappropriate to address in a documentation in the medical record also serves clinical setting. Only recently has the situation as compelling evidence when a victim seeks begun to change. At the clinical care level, health legal recourse. On a system level, a large num- and mental health care institutions and systems are ber of documented abuse and sexual assault encouraged to implement changes designed to cre- incidents justifies the allocation of additional ate comprehensive standards of care for victims of dedicated services for victims in the medical violence against women. The standards should and mental health care setting. However, more include study is needed to determine the best approach to documenting an adult patient’s history of Access to health and mental health care. Basic, child sexual abuse and adult nonacute sexual quality, affordable services should be available assault, given how prejudicial such information to all women regardless of age, geographic or can be if used improperly. language barriers, sexual orientation, or ability Intervention/referral. Once abuse is identified to pay. and documented, an appropriate response Routine screening by trained health care should ensue. This response may vary depend- providers. All adult and teenage women should ing on the internal and community-based be screened routinely for intimate partner vio- resources of the health care facility and the lence following a screening protocol that desires of each survivor. Multidisciplinary pro- ensures patient privacy, safety, and confidential- tocols that incorporate the roles and responsibil- ity. Resources must be invested to develop and ities of all staff who interact with victims of test sexual assault screening instruments and to violence against women can ensure that victims train providers across all health specialties on receive the support and services they need. the use of these tools and appropriate referrals. Although some health care facilities have Screening for violence based on observed in-house advocates to provide victims with injuries alone does not account for the toll of resources and support, such as safety assess- or unseen injuries and ment and planning or counseling, others might need to partner with local sexual assault and

Chapter 2. Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women | 3 domestic violence victim advocates and refer have often lacked the organizational support nec- appropriately. Regardless of the setting, whether essary to continue to respond to victims. urban or remote rural environments, health care providers must develop culturally competent, Those striving to improve the health care system’s creative, and effective strategies to assist vic- response to domestic violence began by training tims. Development of a coordinated and collab- multidisciplinary teams consisting of nurses, orative system of referral, followup care, and physicians, advocates, social workers, and admin- onsite services is critical in improving the istrators. By organizing and training a range of safety, recovery process, and health status of stakeholders in an institution, awareness and victims. response was more widespread, consistent, and longlasting. These teams met with more success in Clinical interventions should be tailored to screening and assisting victims through their poli- respond to the range of racial, ethnic, and socio- cy change efforts, creating a multidisciplinary economic characteristics of patients, as well as response, and instituting new clinical tools, but the address the particular needs of women with dis- demands of the increasingly complicated health abilities and women of all ages and sexual orienta- care system, as well as staff turnover, still make tion. Literacy levels should also be considered routine screening and response difficult. when developing screening questions and patient information. To address the particular needs of sexual assault victims who sought medical assistance soon after an assault, a multidisciplinary response was devel- Integrating Response in All oped, coordinating crisis intervention services and professional forensic evidence collection when the Levels of the Health Care victim wanted to report the assault to law enforce- System ment. For these victims, a new area of medical specialization has evolved, the sexual assault The clear lesson of the past two decades of efforts examiner (SAE), also known as SANE (sexual to improve health care’s response to violence assault nurse examiner) or SAFE (sexual assault against women is that the system must be engaged forensic examiner). SAEs are trained medical pro- at every level to ensure that meaningful public fessionals who have advanced education and clini- health efforts and effective sustainable clinical cal preparation in the forensic examination of interventions occur. Early efforts focused on creat- sexual assault victims and who partner with local ing protocols to guide the care of victims of victim advocates to provide support during the domestic violence. Although the Joint Commis- forensic exam and coordinate followup services. sion on Accreditation of Healthcare Organizations When a victim wants to report an assault to law (JCAHO) mandated that individual health care set- enforcement, existing relationships between the tings develop written protocols on identifying and SAE, victim advocate, and police department responding to sexual assault and domestic vio- facilitate a victim-centered response. Some com- lence, protocols unaccompanied by other strate- munities have established sexual assault response gies did not improve screening and intervention. teams to coordinate these efforts. Efforts shifted to supplementing protocols with Protocols and individual and team training are all training for individual providers on the dynamics crucial, but they must be joined by broader of and responses to sexual assault and dating and reforms of institutions and policies that affect domestic violence. Training, along with increas- health care delivery and inform public health ingly strengthened JCAHO requirements, success- strategies. fully raised individual provider awareness of and sensitivity to the issue. Single providers, however,

4 | Toolkit To End Violence Against Women Addressing Health Care Policy nature of the abuse and perpetrators. Although cli- nicians can use the general preventive medicine Issues codes to bill for domestic violence screening per- formed in the context of a comprehensive preven- Confidentiality of health records. An essential tive medicine assessment and preventive medicine corollary to documentation of abuse in medical counseling codes for domestic violence safety records is the confidentiality of these medical assessment and referral processes, there are many records. Women who have been sexually assault- compelling reasons to develop procedural codes ed, abused, or stalked share with many other specific to domestic violence screening and health care consumers concerns about inappropri- intervention. ate access to and use of medical record informa- tion by insurance companies, employers, and law First, a specific billing code would provide a enforcement agencies. In addition, victims of direct financial incentive to reward clinicians for domestic violence have the added concern of the time spent screening and intervening in cases potential perpetrator access. Few laws exist to pre- of domestic violence. Second, specific codes vent spousal access to medical records. would facilitate the process of evaluating how fre- quently screening is being performed. Third, spe- Removing barriers to forensic sexual assault cific codes for screening and intervention would exams and related treatment. One problem is the make it easier for population-based delivery sys- practice of conditioning medical or forensic serv- tems to provide feedback to medical groups and ices to requirements that the victim report to law individual clinicians on how well they are per- enforcement agencies or participate in court pro- forming compared with national standards and/or ceedings. Such practices compromise sexual peers. For example, a review of specific coding assault survivors’ access to the emergency health might reveal how many women per 1,000 were care services they may need and may place them screened in cases of domestic violence or what at further risk. percentage of screened women received an inter- vention. Measured performance can be tied to both Mandatory reporting to law enforcement by health financial and nonfinancial incentives to drive more care providers. With increased recognition that rapid improvement. Finally, specific codes for violence against women is a public health issue, domestic violence screening and intervention some jurisdictions have instituted policies that would indicate to the health care community that require a health care provider to report domestic these services are as valuable as other services for violence, and sometimes sexual assault, to law which specific codes already exist. enforcement authorities. Growing evidence sug- gests that mandatory reporting may not improve a Appropriate use of existing diagnostic codes can patient’s health and safety and may discourage be an important source of data about domestic vio- some victims from seeking medical care. More lence and can be used by health plans and other research is needed on the unintended conse- population-based delivery systems to track inci- quences of these policies and how they affect vic- dence, associated costs, utilization patterns, and tims’ safety and health before they are established effectiveness of interventions. This type of admin- in any more institutions. istrative data can also be used by researchers to answer many important questions about how to Creating reimbursement mechanisms, coding, and design programs that will improve the health care other incentives to provide care for victims of vio- system’s response to victims of domestic violence. lence against women. Currently, no specific As documentation and coding for domestic abuse Current Procedural Terminology (CPT) codes for and is improved, issues concerning domestic violence screening or intervention exist. confidentiality of the information must be rigor- However, diagnostic codes (995.80Ð995.85) and ously addressed. e-codes capture additional information such as the

Chapter 2. Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women | 5 Financial and nonfinancial incentives that promote Communicate the serious consequences that evaluation and intervention services for victims of violence against women has on all aspects of domestic violence at all levels of the health care health and mental health so that the public no system must be developed and implemented. longer minimizes the problems or views them Purchasers, health plans, and other insurers may as solely private or criminal justice issues. be motivated to “buy” or implement comprehen- Encourage public health leaders, including the sive domestic violence programs if they are pre- Secretary of Health and Human Services, the sented with the business case for such programs. Surgeon General, and state and local public health figures, to continue to identify sexual In addition to being paid for delivering domestic assault, dating and domestic violence, and violence services, clinicians should be encouraged stalking as serious public health issues and call to improve performance. Institutions must priori- for comprehensive responses. tize the creation of comprehensive packaged serv- Emulate campaign strategies that addressed ices for victims of dating and domestic violence. other health issues that were considered largely Models that require multifaceted responses includ- private or social in nature. Consider those that ing medical care, counseling, assessment, case man- resulted in greater willingness of individual agement, and mental health counseling and referrals providers to screen and intervene and in patient should be used to create systems that encourage willingness to turn to health care providers for response to dating and domestic violence. assistance. Campaigns to discourage smoking Creating appropriate measures of health out- or to promote safe sex are good examples. comes. Much of the contemporary health care Integrate messages about violence against delivery is shaped by health outcome measures. women into other health education campaigns. Many health issues have obvious means to meas- Look for opportunities to include information ure successful treatment or intervention. For about sexual assault, dating and domestic vio- example, the treatment of high blood pressure lence, and stalking into education that targets can use simple outcome measures of established behavior often associated with the aftereffects ranges of healthy blood pressure to assess the of sexual assault, including but not limited to course of treatment and its success. Effective out- teen pregnancy, unsafe sex, sexually transmitted come measures must be established to guide care diseases, and alcohol and other drug use. delivery to victims of violence against women. Target funds to develop campaigns that respond to a wide range of factors, such as race, ethnici- Outlined below are specific actions that health ty, socioeconomic level, age, disability, and lit- care professionals; mental health professionals; eracy level. Research shows that linguistically victim service providers; advocacy groups; public and culturally appropriate campaigns are signif- and private health care funders; federal, state, and icantly more effective. local government researchers; and others can take to help end violence against women. Improve the Standard of Clinical Care

Increase Understanding of Violence 2. Educate all health care providers and public health Against Women as a Critical Public professionals on violence against women. Health Problem Because violence affects so many aspects of physical and mental health and women enter 1. Conduct public health campaigns about violence the health care system through various types of against women at the same level as other large-scale providers, institutions, government health pro- public education campaigns. grams, and managed care systems, engage

6 | Toolkit To End Violence Against Women every type of provider, institution, and system Target primary care, , emer- in education efforts. gency, mental health, pediatric, and other spe- cialty organizations that see women regularly. 3. Develop professional school curriculums that Integrate violence against women into associa- address violence against women. tion member recognition and honors. Fully integrate information on violence against Increase the availability of technical assistance women into standard curriculums at all health and training for health care providers who want care and public health professional schools. to become SAEs and professionals who want to Include information on the dynamics, epidemi- improve multidisciplinary responses to sexual ology, and direct and indirect effects of sexual assault. assault, dating and domestic violence, and Follow recommendations of the International stalking, as well as clinical skills such as Association of Forensic Nurses, which requires screening, documentation, and response. the completion of 40 contact hours approved Although specialized sections on specific issues through a recognized continuing education are necessary, integrate information about vio- body or offered through a college or university. lence against women throughout course work Participate in continuing education and ongoing whenever appropriate. training to maintain proficiency with new tech- Offer specific modules on improving the cultur- nologies and research findings. al and linguistic competence of practices for all levels of providers. Integrate examples of cul- 5. Engage all types of providers and institutions. turally and linguistically competent practices Primary care settings offer opportunities for and cases that deal with various patient popula- early intervention, and even primary prevention, tions in training that addresses violence against by identifying sexual or domestic abuse as a women. health issue in its early stages or before it begins. 4. As part of continuing education for providers, offer Mental health professionals are key points of specific modules on violence against women, and rec- ognize achievements in the field. contact who see victims for problems of anxi- ety, depression, posttraumatic stress disorder, Ensure that training related to violence against suicide attempts, and other psychological prob- women is a component providers receive to lems highly associated with violence against become or remain licensed to practice. women. Involve sexual assault and domestic violence Obstetricians, gynecologists, women’s health advocates and survivors in the development and nurse practitioners, and nurse midwives are implementation of continuing education on vio- important players because sexual assault sur- lence against women. vivors often experience anxiety about pelvic Include questions related to both the dynamics examinations and because data suggest that the and effects of violence against women and onset of abuse is often associated with pregnancy. appropriate clinical responses on licensure and Pediatricians and pediatric nurse practitioners certification examinations. can identify victims of domestic violence and Provide training and promote effective clinical offer the resources and support necessary to guidelines and standards of care that reflect stop the abuse before it takes its toll on the routine screening, documentation, appropriate and children they are treating.10 assessment, intervention, and referral. SAEs see victims of sexual assault as well as Create associationwide member awareness cam- victims of domestic violence. paigns around sexual assault, dating and domes- Dentists and oral surgeons may see women for tic violence, and stalking. treatment of oral injuries, such as fractured

Chapter 2. Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women | 7 jaws, and for regular checkups, during which Provide increased funding and technical assist- abuse can be identified by routine screening ance to support program development in under- even in the absence of acute injuries. They may served areas, in collaboration with local and also have patients who have specific fears or state sexual assault programs and coalitions. reactions concerning their dental care because of a history of sexual assault. 7. Design mental health services to respond to the Substance abuse counselors see many women needs of victims and survivors of sexual assault, dat- who are victims of sexual assault and domestic ing and domestic violence, and stalking. violence and who use alcohol or other drugs as Designate funds to provide quality mental a way of coping with the trauma. Research has health services for treating the traumatic seque- shown victimization to be a risk factor for sub- lae of abuse for victims of sexual assault, dating stance abuse. and domestic violence, and stalking, including Specialists such as orthopedic and plastic sur- adult survivors of child sexual abuse living in geons, radiologists, and home health care nurs- rural areas. es and attendants each have an important stake Develop collaborative models for addressing the in identifying and responding to abuse among social and advocacy needs and the psychologi- their patients. Pain management centers may cal needs of survivors of sexual assault, dating see many women who suffer from chronic pain and domestic violence, and stalking. due to abuse. Designate program and training resources to Inpatient health care settings, such as psychi- improve quality of care in public mental health atric facilities and nursing homes, are urged to systems to address trauma and its sequelae work with community sexual assault and across the lifespan. domestic violence programs to provide training Provide training for community mental health and develop policies and services that respond centers to address sexual assault and domestic to the needs of patients who enter with a history violence for women diagnosed with serious of assault or who are assaulted while in the mental illness and for women who are experi- institution. encing other mental health sequelae of sexual All types of health care organizations must be assault, dating and domestic violence, and engaged, including community health centers; stalking. home health and visiting nurses agencies; man- Provide resources for sexual assault and domes- aged care organizations; private hospitals and tic violence victim advocacy programs to pro- practices; alternative healing centers; Indian vide onsite services and develop contractual Health Services; military health entities; arrangements with mental health providers and Women, , and Children and Medicaid agencies to address the mental health sequelae programs; and state and federal public health of violence against women. Foster greater col- departments and agencies. laboration between mental health professionals, Businesses and other health care purchasers can sexual assault victim advocates, alcohol and create the institutional support and incentives other drug abuse treatment providers, and crim- that promote training and an improved response inal justice personnel. by their providers and insurers. Develop curriculums and training materials for mental health providers (e.g., psychiatrists, psy- 6. Expand SAE programs to all communities through- chologists, social workers, and marital and fam- out the country. ily therapists) to address issues faced by women Increase the capacity of existing SAEs to who are being or have been sexually, emotion- address the complex health and forensic needs ally, or physically abused. of victims, including the domestic violence vic- tims experiencing forced sex by their partners.

8 | Toolkit To End Violence Against Women 8. Develop and support the widespread use of provider Implement safeguards, under federal, tribal, and institution clinical tools that respond to sexual and state laws, to ensure that health records of assault and domestic violence. victims of sexual assault, dating and domestic Develop patient charts, new-patient intake violence, and stalking are not accessed inappro- forms, and other clinical tools that support priately by insurance companies, employers, or appropriate screening, documentation, and /partners. Protect privileged medical and response to victims of sexual assault, dating mental health information from discovery and and domestic violence, and stalking. other legal actions during the course of a crimi- Include prompts for providing sexual assault nal proceeding. victims with information on available forensic Build into current policy necessary protections medical examinations in sexual assault proto- for patients who may be endangered under rou- cols, and ensure access to appropriate equip- tine directory information, next of kin, and ment and staff training on its proper use. other practices in health care institutions. Post local, state, and national hotline telephone Allow victims to restrict access to their patient numbers for victims of sexual assault and information. domestic violence in all examination rooms Allow victims to request that bills and explana- and patient bathrooms. tions of benefits be sent to alternate addresses. Develop practitioner reference cards that Remove information regarding abuse from the address sexual assault, dating and domestic vio- records of victims and their children before lence, and stalking. Include sexual assault and releasing them to spouses or partners. Notify domestic violence information on Web sites victims before any required release of abuse- designed for health care provider and patient related information to facilitate their safety reference. planning. Equip examination rooms with body maps Allow minors who lawfully receive care on available for documenting injuries. Equip emer- their own to restrict access to records regarding gency departments, acute care centers, and abuse. other sites that see injuries caused by domestic violence with instant cameras. 11. Reduce or eliminate cost and reporting require- ments for victims needing forensic medical exams or Scrutinize all standard tools to ensure they related treatment after a sexual assault. include information about violence against women. Earmark state funds to cover costs of forensic medical exams for victims of sexual assault 9. Use funding, licensing, and credentialing mecha- without seeking reimbursement from the victim nisms to ensure that health care institutions have rele- or from any public or private health insurance vant response protocols for violence against women. under which the victim might otherwise be Require grantees to have policies, protocols, covered. training requirements, incentives, and other rel- Adopt current federal guidelines governing vic- evant responses to violence against women. tim compensation agencies, which permit reim- Create and strengthen guidelines regarding sex- bursement of examination costs to hospitals and ual assault, dating and domestic violence, and other medical facilities regardless of whether stalking, including guidelines for screening. the assault is reported to law enforcement authorities. Include care for acute symptoms and prophy- Address Health Care Policy Issues laxis for pregnancy, sexually transmitted disease 10. Fully protect the confidentiality of victims’ health transmission, and treatment for the hepatitis B records. virus when appropriate as part of emergency medical care associated with an assault.

Chapter 2. Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women | 9 12. Amend mandatory reporting laws regarding adult Provide feedback on performance compared to victims of violence to ensure that the laws increase peers and national standards. victim safety and health status and do not deter Tie monetary rewards to attaining defined per- women from seeking care. formance goals with respect to screening and Require patient consent—except in cases of intervention. gunshot wounds or life-threatening injuries— Provide public recognition for high performers before health care providers report violent inci- (e.g., newspaper articles, plaques presented at dents to law enforcement agencies. medical society meetings). Increase awareness of the problems that arise Design and implement formal mechanisms to from mandatory reporting for women who are give providers feedback from patients who undocumented and the subsequent immigration value these services. problems. Support the clinician’s role in responding to 13. Create reimbursement mechanisms, coding, and sexual assault and domestic violence by devel- other incentives to provide quality care to victims of oping in-house services for victims of sexual violence against women. assault and domestic violence or by contracting with community organizations to provide onsite Educate clinicians and medical coders on the or on-call access to their specialized services. importance of including the existing Inter- national Classification of Diseases, Ninth 15. Prioritize the creation of comprehensive packaged Revision (ICDÐ9) codes for adult abuse and services for victims of sexual assault, dating and e-codes, particularly those that describe the domestic violence, and stalking. relationship of the perpetrator to the patient, either as primary or secondary diagnostic codes. Develop models for delivering multifaceted Failure to add an adult abuse code to the med- responses, including medical care, counseling, ical record means that information about the assessment, case management, and mental root cause of an injury or illness is not captured health counseling and referrals. and therefore may not be appropriately Examine Medicaid program models, similar to addressed in followup encounters. the State Medicaid Perinatal programs that Promote the use of existing ICDÐ9 codes, could reimburse health plans for the provision of including the use of e-codes to define the rela- patient education and case management, safety tionship of the perpetrator to the patient, assessment, and referrals in violence against through medical coder professional organiza- women cases in low-income communities. tions, national health care provider organiza- 16. Establish appropriate health outcome measures tions, state medical boards, and the use of related to improved health care response to violence federal and state government advisories. against women. Develop and implement at least two Current Convene a task force of leading advocates, sur- Procedural Terminology codes specific to vivors, health care providers, researchers, and domestic violence screening and intervention. federal representatives to create Health Plan Develop the business case for domestic vio- Employer Data and Information Set measures lence services in the health care setting. for sexual assault and domestic violence. Develop model incentive programs that reward Explore the full range of possible outcome purchasers, plans, other insurers, and clinicians measures, including decreased health care for domestic violence screening and intervention. use, fewer secondary health effects related to violence, and victim perception of improved 14. Provide incentives for individual health care physical and mental health status and safety. providers to address the violence against women issues of their patients.

10 | Toolkit To End Violence Against Women Develop and provide funds to implement a What are effective responses to perpetrators research agenda that establishes the medical who are not mandated to join batterer or sex evidence for effective intervention and offender treatment programs? improved health outcomes and increased safety. How can more culturally competent batterer and sex offender treatment programs be 17. Increase funding to improve the health and mental developed? health care systems’ response to violence against women. Explore the creation of new funding streams Pediatric Responses to Violence Against that can be dedicated to improving the health Women and mental health care systems’ responses to Although pediatricians clearly must respond to violence against women. domestic violence because of the documented Earmark specific funding within state and local effects of witnessing violence and the overlap of health department budgets for improving health child abuse and , many questions remain care response to sexual assault and domestic unanswered. State and local agencies and health violence. care institutions should support pilot programs that 11 Provide funds for health care provider training, seek answers to these questions. institutional reform, patient education, and pub- How do providers navigate the complicated eth- lic health campaigns to reflect the prevalence of ical, legal, and reporting issues surrounding violence and its impact on health costs. child abuse and witnessing violence? How and when should screening of mothers Emerging Issues occur? How do child protective services and domestic Perpetrators of Violent Crimes Against violence advocates work together in health care settings to ensure the best care and health status Women for children and their mothers? The health and mental health care systems’ What role can a pediatrician take in responding responses to perpetrators of sexual assault, dating to abused women? and domestic violence, and stalking must be assessed. Outside of batterer and sex offender Another area for ongoing analysis and discussion treatment groups, often mandated by courts, virtu- is pediatric response to a , herself a sur- ally no programs exist that respond to perpetrators. vivor of child sexual abuse, being retraumatized State and local agencies, leaders in the sexual by discovery that her child is being sexually assault and domestic violence movement, abused. What training, screening, and response providers, and perpetrator experts must answer protocols are necessary? fundamental questions about the health and mental health care systems’ responsibility to intervene with perpetrators. Key questions include Resources

Should patients be routinely screened for The following list reflects existing national perpetration? resources. Many state and local sexual assault and domestic violence coalitions, public health depart- What are the ethical, legal, and safety issues for ments, professional associations, and health care providers who respond to perpetrators, and organizations and institutions have begun to devel- what are the safety issues for victims? op programs or policies on sexual assault and domestic violence. Information on local resources can be obtained through state domestic violence

Chapter 2. Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women | 11 and sexual assault coalitions and national organiza- Fax: 847–434–8000 tions or by contacting local organizations directly. Web site: www.aap.org The American Academy of (AAP) National Health Resource Center on Domestic advocates to improve the health, safety, and Violence well-being of all children. AAP efforts provide The Family Violence Prevention Fund resources and assistance to families, pediatricians, 383 Rhode Island Street, Suite 304 San Francisco, CA 94103–5133 lawmakers, and the community. Phone: 415–252–8900 or 1–888–RX–ABUSE Fax: 415–252–8991 American College of Emergency Physicians Web site: www.fvpf.org/health 1125 Executive Circle Irving, TX 75038–2522 The Family Violence Prevention Fund works to Phone: 1–800–798–1822 end domestic violence and provide women who Web site: www.acep.org have been victims of abuse with the care they need The American College of Emergency Physicians to get well and stay safe. The National Health (ACEP) seeks to improve patient care and save Resource Center on Domestic Violence provides lives by properly training emergency physicians assistance to health care professionals, policymak- and fully staffing emergency departments. ACEP ers, and domestic violence advocates through also promotes the field of emergency medicine training tools and manuals, technical assistance, through public education programs and works and examination of public policy on local and with national media to increase awareness of national levels. emergency medicine issues. National Sexual Violence Resource Center American College of Nurse-Midwives 123 North Enola Drive 818 Connecticut Avenue, Suite 900 Enola, PA 17025–2521 Washington, DC 20006 Phone: 1–877–739–3895 Phone: 202–728–9860 TTY: 717–909–0715 Fax: 202–728–9897 Fax: 717–909–0714 E-mail: [email protected] Web site: www.nsvrc.org Web site: www.acnm.org The National Sexual Violence Resource Center The American College of Nurse-Midwives (NSVRC) is a clearinghouse for resources and (ACNM) administers and promotes continuing research about all forms of sexual violence and education programs, accredits midwifery educa- assault. NSVRC works with its partner agency, tion programs, establishes clinical practice the University of Pennsylvania, to provide new standards, creates liaisons with government agen- policies for establishing sexual violence interven- cies and legislators, and provides resources and tion and prevention programs. public education programs that promote the health and well-being of women and infants within their National Health and Medical families and communities. ACNM also publishes a journal and codes of ethics for professionals in the Associations field. Organizations with substantial resources dedicated to sexual assault and/or domestic violence include American College of Obstetricians and Gynecologists the following: 409 12th Street SW. P.O. Box 96920 American Academy of Pediatrics Washington, DC 20090–6920 141 NW. Point Boulevard Web site: www.acog.org Elk Grove Village, IL 60007–1098 Phone: 847–434–4000

12 | Toolkit To End Violence Against Women The American College of Obstetricians and The American Psychological Association (APA) Gynecologists (ACOG) promotes wellness for all offers information, services, and advocacy on a mothers and their newborn children. Advocating range of issues related to science, public interest, quality health care for women, ACOG promotes education, and practice—including aging, children continuing education, high standards for clinical and families, disability, race and ethnicity, practice, and patient understanding of and involve- HIV/AIDS, sexual orientation, and women’s ment in medical care. ACOG offers instructional issues. APA provides tools, training, and leader- pamphlets and books on pregnancy and care ship related to research and public policy, continu- and a physician directory to help people locate a ing education and public outreach, and doctor. professional ethics.

American Medical Association Association of Traumatic Stress Specialists 515 North State Street 7338 Broad River Road Chicago, IL 60610 Irmo, SC 29063 Phone: 312–464–5000 Phone: 803–781–0017 Web site: www.ama-assn.org Fax: 803–781–3899 Web site: www.atss-hq.com The American Medical Association (AMA) is the nation’s leader in promoting professionalism in The Association of Traumatic Stress Specialists medicine and setting standards for medical educa- (ATSS) provides technical assistance and training tion, practice, and ethics. A valuable resource for to people involved in crisis intervention; trauma physicians, health professionals, and patients, response; and the management, treatment, and AMA is concerned about issues ranging from the healing of people who have experienced traumatic AIDS epidemic to Medicare. AMA provides infor- distress. ATSS offers numerous resource guides mation and recommendations on policy and advo- for school officials and other ATSS professionals cacy, scientific journals, and online physician and helping children who have experienced trauma. hospital locator services. International Association of Forensic Nurses American Medical Women’s Association East Holly Avenue, Box 56 801 North Fairfax Street, Suite 400 Pitman, NJ 08071–0056 Alexandria, VA 22314 Phone: 856–256–2425 Phone: 703–838–0500 E-mail: [email protected] Fax: 703–549–3864 Web site: www.forensicnurse.org E-mail: [email protected] The International Association of Forensic Nurses Web site: www.amwa-doc.org provides direct services to individual clients; con- The American Medical Women’s Association sultation services to nursing, medical, and law- champions women’s health issues and the related agencies; and expert court testimony in advancement of . Its efforts cases dealing with trauma, questioned death inves- focus on issues including violence against women, tigative processes, adequacy of service delivery, smoking prevention and cessation, osteoporosis, and specialized diagnoses of specific conditions as heart disease, managed care, equity in related to nursing. medical education, breast cancer, and reproductive health. International Society for Traumatic Stress Studies 60 Revere Drive, Suite 500 American Psychological Association Northbrook, IL 60062 705 First Street NE. Phone: 847–480–9028 Fax: 847–480–9282 Washington, DC 20002–4242 E-mail: [email protected] Phone: 202–336–5500 or 1–800–374–2721 Web site: www.istss.org Web site: www.apa.org

Chapter 2. Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women | 13 The International Society for Traumatic Stress newsletter; and violence prevention efforts that Studies (ISTSS) provides a forum for sharing encompass domestic violence, child abuse, research, clinical strategies, public policy con- /school violence, , hate crimes, cerns, and theoretical formulations on trauma in and gun violence. the United States and around the world. ISTSS publishes a quarterly journal and coordinates Society for Academic Emergency Medicine meetings and conferences across the country. 901 North Washington Avenue Lansing, MI 48906–5137 Massachusetts Medical Society Phone: 517–485–5484 860 Winter Street Fax: 517–485–0801 Waltham Woods Corporate Center E-mail: [email protected] Waltham, MA 02451–1411 Web site: www.saem.org Phone: 781–893–4610 or 781–893–3800 The Society for Academic Emergency Medicine Web site: www.mms.org educates teachers, researchers, and students through forums, publications, collaboration with The Massachusetts Medical Society works to other agencies, policy development, and consulta- advance medical knowledge and develop and tion services. maintain the highest professional and ethical stan- dards of medical practice and health care. Its pro- gram priorities include patient advocacy, health policy, and a care code of ethics. Endnotes 1. Coker, A., Smith, P., Bethea, L., King, M., and Nursing Network on Violence Against Women, International McKeown, R., (1997). “Physical Health 1801 H Street B5 Consequences of Physical and Psychological Modesto, CA 95354–1215 Intimate Partner Violence.” Archives of Family Phone: 1–888–909–9993 Medicine 9(5): pp. 451Ð457. Web site: www.nnvawi.org Campbell, J., and Lewandowski, L. (1997). The Nursing Network on Violence Against “Mental and Physical Health Effects of Intimate Women, International advocates to eliminate vio- Partner Violence on Women and Children.” lence through advancing nursing education, prac- Psychiatric Clinics of North America 20(2): tice, research, and public policy. pp. 353Ð374.

Physicians for a Violence-Free Society Campbell, J. (ed.) (1998). Empowering Survivors 1001 Potrero Avenue of Abuse: Health Care, Battered Women and Their Building 1, Room 300 Children. Newberry Park, CA: Sage Publications, San Francisco, CA 94110 Inc. Phone: 415–821–8209 Fax: 415–282–2563 2. Kilpatrick, D., Edmunds, C., and Seymour, A. E-mail: [email protected] (1992). Rape in America: A Report to the Nation. Web site: www.pvs.org Charleston, SC: National Victim Center and the Physicians for a Violence-Free Society promotes Crime Victims Research and Treatment Center, violence prevention by developing leadership and Medical University of South Carolina. advocacy in the health care community. Public education and outreach efforts include presenta- 3. Housekamp, B.M., and Foy, D. (1991). “The tions on family violence and battered pregnant Assessment of Posttraumatic Stress Disorder in teens and documentation of injuries that result Battered Women.” Journal of Interpersonal from family violence; a bimonthly educational Violence 6(3): pp. 367Ð375.

14 | Toolkit To End Violence Against Women Kilpatrick, D. (1984). 7. Rodriguez, M., Bauer, H., McLoughlin, E., and Grumbach, K. (1999). “Screening and Intervention 4. Gelles, R.J., and Harrop, J.W. (1989). “Vio- for Intimate Partner Abuse.” Journal of the lence, Battering, and Psychological Distress American Medical Association: Practices and Among Women.” Journal of Interpersonal Attitudes of Primary Care Physicians 282(5): Violence 4(1): pp. 400Ð420. pp. 468Ð474.

5. Golding, J. (1999). “Sexual-Assault History and 8. Freidman, L.S., Samet, J.H., Roberts, M.S., Long-Term Physical Health Problems: Evidence Hudlin, M., and Hans, P. (1992). “Inquiry About From Clinical and Population Epidemiology.” Victimization Experiences: A Survey of Patient Current Directions in Psychological Science 8: Preferences and Physician Practices.” Archives of pp. 191Ð194. Internal Medicine 152(6): pp. 1186Ð1190.

Houskamp, B., and Foy, D. (1991). “The 9. Hamberger, L.K., Saunders, D.G., and Hovey, Assessment of Posttraumatic Stress Disorder in M. (1992). “Prevalence of Domestic Violence in Battered Women.” Journal of Interpersonal Community Practice and Rate of Physician Violence 6(3): pp. 367Ð375. Inquiry.” Family Medicine 24(4): pp. 283Ð287.

Kilpatrick, D., et al. (1985). “Mental Health 10. American Academy of Pediatrics Task Force Correlates of Criminal Victimization: A Random on Adolescent Assault Victim Needs. (1996). Community Survey.” Journal of Consulting and “Adolescent Assault Victim Needs: A Review of Clinical Psychology 53(6): pp. 866Ð873. Issues and Model Protocol.” Pediatrics 98(5): pp. 991Ð1001. 6. Nibert, D., Cooper, S., and Crossmaker, M. (1989). “Assaults Against Residents of a 11. Spivak, H. (1999). “The Role of the Psychiatric Institution: Residents’ History of Pediatrician in Youth Violence Prevention in Abuse.” Journal of Interpersonal Violence Clinical Practice and at the Community Level.” (September) 4(3): pp. 342Ð349. Pediatrics 103(5, part 1): pp. 1080Ð1081.

Craine, L., Henson, C., Colliver, J., and MacLean, D. (1988). “Prevalence of a History of Sexual Abuse Among Psychiatric Patients in a State Hospital System.” Hospital and Community Psychiatry 39(3): pp. 300Ð304.

Briere, J., Woo, R., McRae, B., Foltz, J., and Sitzman, R. (1997). “Lifetime Victimization History, Demographics, and Clinical Status in Female Psychiatric Emergency Room Patients.” Journal of Nervous and Mental Disease 185: pp. 95Ð101.

Chapter 2. Improving the Health and Mental Health Care Systems’ Responses to Violence Against Women | 15 Civil Remedies As a Ensure Recognize that Review the civil Review Competent representation of Competent representation Establish standards for practice, con- Draft new statutes and policies as need- statutes and policies as Draft new Amend codes to create explicit crimes for violating Amend codes to create explicit crimes Consider the welfare of the abused parent as integral to the child’s wel- to the child’s the abused parent as integral of Consider the welfare Make a Difference Make ho handle cases involving violence against women. violence against ho handle cases involving eneral rule, one party perpe- has in which mediation is inappropriate in cases

g the other. trated domestic or sexual violence against that each judicial district has a system for providing comprehensive legal assistance legal comprehensive for providing that each judicial district has a system to victims of sexual assault, dating and domestic violence, and stalking. tinuing education requirements, and certification for all professionals programs w Exempt victims of sexual assault, domestic violence, and stalking from mediation or other alternative dispute resolution processes. be unable to participate fully or freely in mediation. these victims may Ensure that decisions reached in marital dissolution, child custody, and violence or child domestic proceedings for cases involving other family law victims and their children. abuse adequately safeguard statutes,Change processes, and policies to prevent victims from bearing the primary women. economic burden of male violence against system and the practices of insurance companies,legal victim compensation programs, employers, and government. domestic violence. of the risks of mediation in cases involving Be aware Design a civil legal system that is responsive to violence against women. to violence against system that is responsive Design a civil legal “safety first”Adopt custody codes that articulate prin- as the controlling legal domestic or sexual violence or involving ciple in custody and visitation cases stalking. fare, need to safeguard children. victims the resources they and provide Promote the recovery assault, and future safety of victims of sexual dating and domestic violence, and stalking. enforcement, and tribal protocols for law Develop and implement statewide prosecution, courts, and state registries. protection orders related to violence Consider making violation of criminal women a crime. against Increase victim access to competent counsel. Increase victim access victims of sexual assault, dating and domestic violence, requires a and stalking and from routine pro- strategyshift in traditional from conciliation to advocacy preparation for litigation. cessing to careful and accountability for perpetrators. ed to ensure safety and justice for victims jurisdiction related to sexual assault, criminal protection orders issued in any dating and domestic violence, and stalking. Chapter 3. Enhancing the Response of the Justice System: the Justice of the Response 3. Enhancing Chapter Remedies Civil ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ What Civil Justice Practitioners Can Do Can Practitioners Civil Justice What To ◆ Chapter 3-Tab 5/20/02 9:31 AM Page 1 Page AM 9:31 5/20/02 3-Tab Chapter Chapter 3 5/20/02 9:27 AM Page 1

Chapter 3 Enhancing the Response of the Justice System: Civil Remedies

Access to Civil Legal Remedies many victims because of the emergency nature of their legal needs or the time involved in full During the past three decades, victims and their litigation. advocates have urged state legislatures to craft civil laws that address violence against women The amount and quality of reform made to the and offer comprehensive remedies to victims. civil legal system to address violence against women have been significant. However, effective Law reform was designed to focus on the range and consistent implementation of policy reforms of complex problems faced by many victims. in the law has seen less progress. Celebration of Changes were made across a broad spectrum of achievements must be coupled with an examina- civil law, including family law, administrative law, tion of the challenges that remain. and laws related to privileged communications, professional responsibility, torts, injunctive relief, Outlined below are specific actions that courts, insurance, housing, immigration, and government Congress and state legislatures, tribal govern- benefits. Civil legal reform seeks to prevent future ments, state and federal funding agencies, law violence, enhance victim safety, eliminate the coer- schools, mentoring programs, licensure programs, cive power of perpetrators over victims, enable vic- and the private sector (including banks and tims to establish lives independent of perpetrators, employee assistance programs) can take to end provide restitution for losses sustained from the violence against women. violence, prevent discrimination against victims, and enhance victim access to justice. Increase Victim Access to Competent Counsel Such reform recognizes that competent representa- tion of victims of sexual assault, dating and domes- 1. Provide adequate resources and increase access to tic violence, and stalking requires more than competent counsel for sexual assault survivors, bat- knowledge. It requires a shift in traditional strategy tered women, and stalking victims. from conciliation to advocacy and from routine pro- ◆ Provide training on topics related to violence cessing to careful preparation for litigation. Civil against women (including the range of legal and litigation typically moves slowly. Victims of vio- social issues affecting victims of sexual assault, lence require immediate, and often emergency, dating and domestic violence, and stalking) access to courts to obtain protection and to secure through law schools, licensure programs, con- economic relief for medical attention or to relocate tinuing legal education programs, pro bono for safety. Even if a woman is eligible for free legal projects, and law firms. Consider including assistance, long waiting lists may render that eligi- questions about domestic violence issues on bility meaningless. Private attorneys who might oth- the bar exam. erwise be affordable may be beyond the reach of

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◆ Establish mentoring programs, supported by the 3. Make low-interest loans available to victims seeking bar, that offer expert consultation to lawyers representation for civil claims arising from violence handling civil litigation for victims of sexual against women. assault, dating and domestic violence, and ◆ Widely publicize the availability of such loan stalking. programs through victim advocacy programs, ◆ Allocate adequate resources to ensure that legal employee assistance programs, and lawyer assistance, including representation and advoca- referral systems. cy, is provided at no cost to indigent victims 4. Provide assistance to pro se litigants pursuing pro- and available on a sliding scale for others. tection orders and seeking other civil law remedies. ◆ Designate funds to support sexual assault and ◆ Use community-based legal advocates to assist domestic violence programs that assist victims unrepresented battered women who seek pro- seeking civil remedies. tection orders and accompany them to court. 2. Coordinate efforts between and share resources among law firms and law schools, victim service Design a Civil Legal System Responsive organizations, and legal services programs to provide to Violence Against Women quality representation to victims. 5. Establish systems for expedited processing of victim ◆ Identify current delivery systems, assess avail- claims whereby women can acquire comprehensive, able resources, devise referral networks for vic- detailed, and readily enforceable protection orders. tims, and provide training for attorneys on the ◆ dynamics of violence against women. Explore dedicated docketing and specialized courts for domestic violence cases as strategies ◆ Provide leadership at the bar level to ensure that to provide swift access and enhance the quality each judicial district has a system for providing of judicial review. comprehensive legal assistance to victims of ◆ sexual assault, dating and domestic violence, Establish filing and service fee waiver rules for and stalking. victims of domestic violence to enable them to more readily obtain protection from the courts. ◆ Provide the information and support necessary to address attorneys’ concerns about the com- 6. Institute compliance reviews to ensure perpetrator plexity of some cases involving violence against accountability. women and their limitations in terms of expert- ◆ Provide tight scrutiny and close supervision to ise, time, or other resources to fully represent deter recidivism and improve compliance with victims. court orders, including payment of economic ◆ Devise pro bono systems at state and local bar awards. associations and law firms to help represent vic- 7. Educate the judiciary. tims of violence. Beyond individual representa- ◆ Provide ongoing judicial education on laws tion, some private firms sponsor or coordinate related to violence against women, including pro bono projects in partnership with domestic information about resources available to the violence programs, law schools, and legal serv- courts. ice agencies. ◆ Provide ongoing judicial education through the ◆ Develop materials to publicize the existence of testimony of experts and legal memoranda to civil legal remedies for victims of sexual help judges fully comprehend matters that may assault, dating and domestic violence, and require more specialized remedies than other stalking. cases. ◆ Compile and publicize referral lists of attorneys willing and competent to take civil cases involving violence against women.

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Custody or orders requiring frequent and continued contact between the perpetrator and the victim can be very In the past decade, most states have adopted dangerous. Such custody and visitation orders statutes requiring courts to consider domestic vio- inadvertently provide the perpetrator with ongoing lence as a factor in custody and visitation determi- access to the victim, which often results in further nations.1 More than one-half of state custody physical violence, , or control. codes direct courts to consider sexual assault by one parent against the other in custody delibera- Protection order statutes in virtually every state tions, and stalking by a parent is a factor to be contain provisions for temporary custody and visi- considered in about one-fifth of the states.2 Some tation awards that prioritize safety. Many civil pro- custody codes create a presumption against custo- tection order statutes enable to obtain dial awards to an abusive parent.3 Some codes pre- protection orders for themselves and their children. clude an award of if one parent has Notwithstanding the significant statutory reform of battered the other, and others require that a court the past 15 years and a similar expansion of case find that a parent who is a perpetrator of domestic law related to violence against women, courts abuse does not pose a threat of harm to the child remain reluctant to issue custody orders that con- before awarding visitation to that parent. Other struct clear protective provisions for abused par- codes specify that a visitation ruling must be ents and children, limit abuser access to the designed to best protect the child and the abused children, and permit abused parents to make inde- parent from further harm or that supervised visita- pendent decisions about child rearing. Further, tion must be considered. Other statutes require courts are generally unwilling to let abused par- courts to consider whether the batterer has partici- ents relocate with the children to gain safety and pated in intervention programs designed for support. Supervised visitation programs are avail- domestic abusers when determining if access is able in too few jurisdictions, and few of the exist- to be granted.4 ing programs have established procedures related Prior to the of these provisions, custody to sexual assault, dating or domestic violence, or judges routinely concluded that violence toward stalking. the other parent had nothing to do with one’s abili- Children experience violence in many forms. At ty to adequately parent, and most court decisions times, it is specifically directed toward them; revealed that judges did not believe that domestic often, it is the violence directed by one parent or sexual abuse of one parent by the other funda- against the other. Violence against women often mentally compromised the interests of children. includes violence that is physical, sexual, and eco- These decisions were embedded in traditional nomic. It can include extreme forms of physical legal principles or presumptions favoring joint violence such as being strangled, thrown down custody, frequent and continued contact between stairwells, or raped. It also encompasses threats children and both parents, and awards to the that terrorize family members and pets, false “friendly parent.” All of these principles viewed imprisonment and hostage taking, and psychologi- the right of a parent to access as superior to the cal abuse that belittles and demeans. It may right of a child and nonabusing parent to safety. involve obsessive scrutiny of the victim’s behavior Over the past decade, courts have increasingly and her social contacts, or the of access to taken into account the recommendations of custody health care, schooling, and employment. It often evaluators, guardians ad litem, mediators, or other involves the intentional subordination of the inter- conciliation professionals when making custody ests of the victim and children. It may include sur- and access awards. Often, this process has pro- veillance of the victim and children by following duced highly interactive plans. In cases them and by organizing others to observe them involving domestic violence, joint custody orders and report back to the perpetrator. It is intentional

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behavior designed to control the victim and keep 4. Adopt codes that approve emergency transfers of her in the relationship. custody or changes in the status quo only when the risk posed to the child by remaining in the care of the The well-being of children is inextricably linked custodial parent is significant. with the safety of nonabusing parents. Unless 5. Adopt codes that authorize the appointment of abused parents can protect themselves and their guardians ad litem or counsel for children in custody children from further abuse, nurture and guide cases involving sexual assault, dating or domestic vio- their children, establish stable and economically lence, or stalking. secure homes, and help restore children’s health ◆ Ensure that the advocate understands the risks and connection with a supportive community, the of violence and potential remedies and is per- well-being of children is at risk. mitted to participate in custody deliberations. Outlined below are specific actions that state legis- ◆ Permit these advocates for children to seek latures, the bench and bar, victim advocates, and independent evaluation of the risks posed by related professionals can take to end violence the abuse. against women. ◆ Recognize that many custody cases now pro- ceed without counsel for either parent. Even The Role of State Legislators when attorneys are retained, their clients are not the children and their professional responsibili- 1. Adopt custody codes that articulate “safety first” as ty is to represent the interests of their clients, the controlling legal principle in custody and visitation not the children. cases involving sexual assault, domestic violence, or stalking. The Role of Judges and Attorneys

2. Enact rebuttable presumptions against awards of 6. Make safety for both adult victims and their chil- sole or joint custody to perpetrators of sexual assault, dren a priority in custody and visitation determinations dating and domestic violence, and stalking and in involving sexual assault, dating or domestic violence, favor of abused parents in the home community or any or stalking. other location. ◆ Protect children from the violence of perpetra- ◆ Base presumptions on those contained in the tors. Recognize the fear, chaos, isolation, intim- Model Code on Domestic and Family Violence idation, psychological distress, risk of physical developed by the National Council of Juvenile and sexual abuse, developmental disruptions, and Family Court Judges. and exposure to criminal conduct that children 3. Adopt state codes containing provisions that the experience when living in the context of sexual absence or relocation of a parent because of an act of assault, dating and domestic violence, and domestic or sexual violence or stalking may not be a stalking.6 factor that weighs against the abused parent in deter- ◆ Modify awards to afford more generous access mining custody or access. to the formerly violent and abusive parent only ◆ Avoid penalizing victims for relocating to con- when safety has been restored and the abusive fidential locations or temporary housing where parent has accepted responsibility for the vio- they can be protected.5 Recognize that battered, lence and consistently demonstrates compliance sexually assaulted, and stalked victims often with custody orders.7 leave the marital or family domicile to escape the violence and gain safety.

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7. Ensure that the family court bench and bar are ◆ Can a person be a good parent if he denies informed about sexual assault, dating and domestic his abusive behavior and blames the other violence, and stalking. parent or the children? ◆ Provide training on the dynamics of violence ◆ Can a person who lacks the capacity to place against women and its impact on adult victims the needs of the children above his own be a and their children. good parent? 8. Afford adult and child victims the opportunity to ◆ Can a person who jeopardizes the health and fully describe the violence inflicted on them and its well-being of his children and their mother meaning. be a good parent? ◆ Recognize that the written report of sexual 11. Prohibit perpetrators of incest from obtaining abuse, domestic violence, or stalking against access to their adult victims’ children by using “grand- parents, even a description of the child’s experi- parents’ rights” statutes. ence in witnessing or being targeted for vio- ◆ Assist adult incest victims when the perpetrator lence, may not convey the extent of the abuse or seeks visitation with the adult victim’s children. the risk.8 Nor does a detailed description of an individual incident fully reveal the nature or 12. Assess whether a history of domestic violence lasting effects of these acts of violence. exists in every custody case. ◆ Recognize that without awareness of how an ◆ Understand that many abused women do not dis- incident fits within patterns of violence a judge close violence experienced at the hands of their cannot identify stalking,9 the risk of escalating partners. They may not view themselves as bat- violence, or its impact on abused adults and tered, may believe that sexual abuse is the prerog- children.10 ative of men in marriage, or may not characterize surveillance by as stalking. 9. Recognize the link between the welfare of children and the welfare of the abused parent, and, where ◆ Even if counsel and the client decide not to appropriate, enhance the capacity of victims to safe- raise the issue of violence in custody proceed- guard and nurture their children. ings, counsel must keep in mind the nature and ◆ Equip abused parents with the power to safe- history of any violence in the relationship when guard their children. Protect the abused parent assessing a client’s capacity to mediate, with- and provide her a carefully drafted custody stand cross-examination, and resist the demands 12 order and the authority to make decisions with- of the abuser. out intrusion by the perpetrator so that she can 13. Approach custody cases involving violence against establish stability and security in the child’s women with vigorous advocacy. life.11 ◆ Prepare to act as advocates for victim safety, 10. Address the issue of whether a parent who bat- and persuade courts to order the necessary pro- ters, stalks, or sexually another parent can be tections. Custody practice for many family law a “friendly” parent. practitioners does not typically involve litiga- ◆ Before awarding custody or unprotected access tion. Rather, it focuses primarily on negotiation to perpetrators of violence against women, con- of a parenting plan and division of legal respon- sider the following questions: sibilities, which may fail to address safety concerns. ◆ Can a person be a good parent if he instills ◆ profound fear in his children—fear for them- Consider which custodial or visitation arrange- selves and fear for their mother? ments will best serve clients. Custody orders in cases that involve violence should be demon- ◆ Can a parent who engages in violent criminal strably different than those in cases in which behavior be a good parent? there has been no violence.

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14. Employ experts to help the court understand the If mediation reaches an impasse, seek emer- violence inflicted by perpetrators and its effects on vic- gency orders to protect abused parents, and tims and children. counsel abused parents before they sign any ◆ When appropriate, prepare to provide the court proposed agreement. with information regarding the victim’s state ◆ Help abused parents understand their legal of mind. A victim’s ambivalence toward the rights, and increase their ability to devise cus- perpetrator, her immobilization in the face of tody and visitation plans that fully protect violence, any pattern of separation and reconcil- themselves and their children. iation, her help-seeking behaviors, her concerns about the risk posed by the perpetrator to the children even if they have not been targeted for Civil Protection Orders abuse, or her belief that the perpetrator may try Protection order codes were initially crafted to to kill her or the children may all be difficult to address domestic violence. The scope of these understand absent the assistance of an expert codes has been enlarged over the past 25 years, with knowledge about violence, its risks, and its and now many encompass sexual violence,13 stalk- impact. ing,14 and child abuse. Most states do not offer ◆ Offer independent expert testimony about vio- protection to victims who do not have a preexist- lence and its impact on adults and children ing relationship with the person who has sexually when appropriate. Although custody evaluators assaulted or stalked them. are employed by courts to advise judges about parenting plans and custodial awards, few are The breadth of relief enumerated in most state experts on sexual assault, dating or domestic codes and the Model Code on Domestic and violence, or stalking. Family Violence15 is designed to curtail perpetrator 15. Try cases involving sexual assault, dating or access to and surveillance of victims, prevent the domestic violence, or stalking to preserve a full record perpetrator from using tactics that intimidate the for appellate review. victim, restrain abusers from undermining the ◆ Carefully assess which parent was the abuser decisionmaking abilities of victims and disrupting and which the abused in cases in which perpe- their daily lives, accord victims and children safe trators assert that the abused parent also assault- shelter, provide for the economic needs of victims, ed or stalked them. Present evidence about compensate for the losses sustained from violence, which parent was the primary aggressor, inflict- stabilize custodial rights and responsibilities, and, 16 ed injury, induced fear, and initiated or defend- foremost, protect victims and their children. ed against violence. Protection orders can be powerful legal remedies for victims of sexual assault, dating or domestic ◆ Provide testimony on these issues to ensure that violence, or stalking.17 both trial and appellate courts are able to assess risk and devise appropriate remedies. The issuance of mutual orders of protection under- 16. Provide abused parents access to counsel mines the safeguards contemplated by civil protec- throughout custody cases, particularly in circum- tion order statutes and may expose the victim to stances in which courts compel mediation of custody elevated risk of abuse and injury. Unless a judge or access. has ascertained that both parties have inflicted ◆ Actively assist and advise abused clients partic- abuse and that both are likely to use violence, ipating in court-ordered mediation. Mediation is threats, or coercive conduct, an order should generally inappropriate in domestic violence restrain or compel only the abuser. cases but may be mandated by courts. ◆ When appropriate, accompany abused parents Mutual orders imply that both petitioner and to mediation and advocate for safe agreements. respondent pose a continuing risk of violence to

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each other, and they convey a message to law Judges can play a significant role with protection enforcement that both parties are culpable for order applicants. The very environment of the wrongdoing. When confronted with a mutual courtroom can facilitate or impede justice- order, enforcing officers are often reluctant to seeking.23 assess probable cause and determine who is the primary aggressor. As a result, law enforcement The protection order process is generally designed officers often enforce mutual orders against both to enable applicants to advise the court about the parties or refuse to enforce the orders. protections they need to secure safety, independ- ence, and restoration. When judges find that abuse The consequences of arrest for victims who have has occurred, most have broad discretion to issue committed no violent or criminal act but who are orders tailored to the particular risks posed by the bound by a mutual order are profound. Victims perpetrator and safety requirements of the victim. may lose their good reputation, may lose custody Judges also have broad latitude in designing sys- of children or employment, may be evicted by tems to promote compliance with their orders and landlords, or may be unable to post bail. imposing sanctions for noncompliance, as well as modifying orders to better protect adult and child In a protection order issued against both parties, victims.24 provisions against the petitioner are not entitled to full faith and credit if no cross- or counter- petition, complaint, or other written pleading has Advocacy been filed by the respondent seeking such a pro- Within the past 10 years, particularly since fund- tection order; or if a cross- or counter-petition has ing was made available by the Violence Against been filed and the court did not specifically find Women Act,25 the participation of domestic vio- that each party was entitled to such an order.18 (For lence advocates in protection order proceedings more information about full faith and credit, see has dramatically increased. This advocate partici- section below, “Full Faith and Credit for Protec- pation has often led to an increase in the victim’s tion Orders.”) physical safety and moral support, as well as the issuance of detailed orders that provide all avail- Most state codes prescribe criminal sanctions for able relief. violations of protection orders, either as criminal contempt of court or a separate misdemeanor Victim/witness specialists employed by courts and offense.19 Repeated or multiple violations of a pro- advocates employed by community-based domes- tection order may be charged as felonies.20 tic violence programs have become integral to the protection order system in many judicial districts over the past 10 years.26 Victim/witness specialists Court Structures and Processes are typically limited to case assistance, while Many courts have responded to the high demand advocates may work with victims on other legal or for civil protection orders by establishing separate human services issues. Advocates also are charged dockets and sometimes dedicated courtrooms.21 with monitoring the legal system and seeking Automation of court records has dramatically reforms that enhance safety, accountability, and expanded in the past several years, as has the soft- justice. There is typically no communications priv- ware that permits judges hearing protection order ilege between the victim/witness specialists and cases to access criminal history and criminal court victims, while there is often one between advo- databases, family law decisions, and juvenile jus- cates and victims. tice records. Electronic registries of protection orders have facilitated intrastate and interstate Outlined below are specific actions that state legis- enforcement of protection orders.22 latures, the bench and bar, court administrators,

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victim advocates, and related professionals can ◆ Enforcement mechanisms such as electronic take to end violence against women. systems for verifying that weapons have been surrendered, a feedback loop that confirms bat- The Role of State Legislators terer participation in a batterer intervention pro- gram, mandated drug and alcohol services, or 1. Expand protection order codes to provide protection retention of a specialized probation officer to to victims of sexual assault, dating or domestic vio- oversee compliance require funding for proper lence, or stalking who do not have a relationship with implementation. the offender. ◆ To expedite case processing, enhance victim ◆ Eliminate the requirement that petitioners have safety, and promote perpetrator accountability, a preexisting relationship with the perpetrator. some judicial districts have established dedicat- 2. Review current protection order codes to assess ed domestic violence courts. For these special- whether additional provisions might enhance safety ized courts to be the “one-stop shop” for which and justice for victims of violence against women. they are designed, supplementary resources must be allocated.27 3. Fund court services to facilitate the development of 4. Adopt codes that waive filing and service fees for user-friendly and effective courts. Consider the follow- protection orders. ing factors when setting funding levels. ◆ Comply with conditions of VAWA’s formula ◆ The efficacy of protection orders, in part, grants to states that require grantees to provide depends on how quickly litigants can gain the U.S. Department of Justice with written access to the courts. This access is facilitated by assurances that victims are not required to pay court staff. In some jurisdictions, state law filing, service, or any other fee related to crimi- directs court personnel to help victims complete nal domestic violence cases or civil protection applications and obtain proof of service of order cases.28 Some states have enacted codes orders. In several metropolitan courts, domestic that simply exempt protection order applica- violence attorney-coordinators have been tions from fees and costs. Others provide for retained to coordinate services for victims and waiving costs to victims. Several specify that obtain protection orders. fees and costs should be assigned to abusers ◆ Safety in the courthouse is critical. To promote upon the entry of a final court order. the safety of litigants, employees, and the gen- 5. Review and clarify stalking provisions in protection eral public, some courts have established secure order codes. waiting rooms and childcare facilities. Security in the courtroom has been enhanced. Escort ◆ Protection order statutes have been amended in service to public transportation or parking lots some states to make it explicit that victims of is sometimes offered. intimate partner stalking are entitled to relief. Victims do not have to show physical or sexual ◆ Interpretation for deaf and hard of hearing peo- assault but must identify conduct such as sur- ple and translation services for individuals not veillance, harassment, intimidating intrusion, or fluent in English are essential for victims to statements that put a victim in fear of bodily be heard and to ultimately secure adequate injury or create significant emotional distress to protection. be eligible for protection. In other states, codes ◆ Provision of certified copies of protection have been enacted that provide for antistalking orders, proof of service, and confirmation of orders against intimate partner stalkers.29 placement in the state registry is critical for enforcement. Victims and law enforcement per- 6. Mandate that courts consider the safety of children of the victim in protection order proceedings. sonnel must be supplied with appropriate copies of legal paperwork. ◆ Make safety for victims and their children a pri- ority when assessing the needs of children in

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the context of domestic violence. Although the The Role of Judges traditional yardsticks for evaluating custody and access in custody cases are “the best interest of 10. Craft detailed protection orders. the child” and the “rights of children to access ◆ Craft orders that award the specific relief to both parents,” these measures must make sought by the victim and outline the conse- safety a priority. Children exposed to domestic quences of noncompliance.31 violence require safe, stable, and fear-free ◆ Consider applications for modifications and homes. extensions of orders in light of the continuing 7. Amend protection order statutes as necessary to risks posed by perpetrators. include spousal and child support and to specify that 11. Avoid issuing mutual protection orders. temporary support issued in protection orders is ◆ intended to address the economic needs of victims. Unless it is determined that both parties have inflicted abuse and that both are likely to use ◆ Recognize that many battered women, sexual violence, threats, or coercive conduct, an order assault survivors, and stalking victims have suf- should restrain or compel only the abuser. fered economic losses from the violence, such ◆ as property destruction, dissipation of assets, or If it is determined, after a hearing, that both personal injury. Temporary support orders in parties have committed domestic abuse and protection orders can help establish the eco- both have valid petitions, enter two separate nomic bridge to safety and autonomy. orders, one enjoining the abusive conduct by one party and the other enjoining the conduct ◆ Amend codes to approve upward departures of the second party. from the guidelines based on costs of reloca- tion, emergency services, health care, and 12. Include custody awards and safeguards related to other extraordinary expenses that violence access in protection orders. precipitates. ◆ Create legal barriers to the control strategies 32 ◆ Permit judges to issue temporary support orders employed by batterers after separation. based on either the statutory guidelines or the 13. Make provisions in protection orders for the sup- requirements for establishing a separate, safe port of abused adults and children. home and basic economic viability for adult ◆ Recognize that economic viability is often a and child victims. critical factor in the decisionmaking of battered ◆ Charge perpetrators with the foreseeable costs women as they plan for safety and separation of their violence. from the perpetrator.33 The most likely predictor 8. Enact confidentiality programs to protect battered, of whether a battered woman will permanently stalked, and sexually abused victims. separate from her abuser is whether she has the economic resources to survive without him.34 ◆ Enact programs that afford victims a confiden- tial mailing address.30 Mail is sent to a program 14. Take all appropriate action to ensure that orders address and then redistributed to victims. will be followed. ◆ 9. Consider adopting protection order codes that Provide written and oral notice of potential respond to the unique needs of teenage victims of state and federal penalties for violating protec- sexual violence, dating and domestic violence, and tion orders. Advise victims of methods for stalking. enforcing orders and inform them of their right to have their orders enforced by other states, ◆ Ensure that such codes provide adequate pro- tribes, and territories. tections and enforcement mechanisms when both the victim and the perpetrator attend the ◆ Provide law enforcement with specific direc- same school or live in the same neighborhood. tives in protection orders related to service, vic- tim assistance, firearms confiscation, registries, and detention of suspected perpetrators pending arraignment for violations of orders.

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◆ Enumerate in protection orders the conduct pro- ◆ Examine structures, forms, protocols and guide- hibited, such as surveillance, following, or com- lines, docketing, the demeanor and practices of munication through third parties. Without these all court and related personnel, order production details, stalking behavior is often not readily and distribution, and courtroom security to identified by police officers. assess whether systems are user-friendly, effi- ◆ Facilitate achieving full faith and credit by cient, timely, and justice-supporting.36 including the “identifiers” required by the ◆ Evaluate outcomes for victims and the compli- Protection Order File (POF) maintained by the ance of perpetrators. National Crime Information Center (NCIC) in 17. Institute structures and processes that promote orders. accountability of perpetrators and safety and justice ◆ Enhance enforcement of firearms prohibitions for victims. by including the requisite “Brady findings” in ◆ Establish protection order processes that are protection orders so that orders may be record- accessible and user-friendly, enabling pro se lit- ed in the federal instant check system related to igants to initiate applications and gain adequate screening of potential firearms purchasers. protections. ◆ Require regular reports to the court about per- ◆ Consider simplified forms and instructions petrator attendance at and completion of court- available in languages spoken in the jurisdic- mandated batterer intervention programs, and tion; electronic or telephonic filing of pleadings require programs to notify court personnel and proofs of service; expedited and specialized immediately of any violence.35 dockets; hearings on the record; judicial access ◆ Convene periodic compliance hearings to assess to police incident reports, criminal history, and whether perpetrators have desisted from vio- other family law databases; mechanisms for lence and to ascertain if they have fulfilled the maintaining confidential addresses of appli- mandates of orders. cants; and accessible registries of orders to ◆ Encourage compliance by placing those subject enhance access to legal remedies. to protection orders in intensive probation ◆ Ensure that personnel who administer the pro- services. tection order system are knowledgeable and 15. Place hearings for violations of protection orders committed to providing appropriate assistance on accelerated enforcement dockets. to petitioners.37 ◆ ◆ Promote safety, limit opportunities to intimidate Institute compliance monitoring systems and/or and dissuade victims, and deter recidivism hearings, procedures for enforcement of through prompt disposition of violations. When firearms prohibitions, guidelines for acquiring the violation of a protection order is charged as NCIC identifiers and Brady indicators, practice a misdemeanor or filed as civil or criminal con- guides for documenting service, systems for tempt, the case should be set down for hearing immediate entry of orders into statewide and within 10 days of charging. For felony viola- local law enforcement registries or databases, tions, the case should be scheduled for a date no and mechanisms for giving victims timely more than 60 days from the alleged violation. notice of court proceedings, any change in sta- tus or noncompliance of perpetrators, and any The Role of Court Administrators supplemental orders. and Judges The Role of Advocates 16. Implement protection order system audits to iden- 18. Advance the agency of battered women, sexual tify strengths and weaknesses and recommend appro- assault survivors, and stalking victims. priate improvements. ◆ Inform victims about legal rights, the need to seek counsel regarding the law, potential

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remedies, and the legal process. It is unethical 21. Explore methods of providing legal services to vic- for advocates to substitute their judgments for tims who require legal action beyond protection those of victims. orders. ◆ Encourage the ability of victims to make con- ◆ Include family law representation as well as sidered choices. representation on other issues that also arise ◆ Work with court personnel, police, and prosecu- from violence, such as bankruptcy, torts, gov- tors to obtain and enforce court orders that ernment benefits, and employment or housing enhance victim safety. discrimination. ◆ Develop alternative payment and delivery sys- 19. Assist with enforcement of protection orders. tems, including targeted pro bono initiatives and ◆ Provide careful instruction on how to ensure revolving loan funds; mentoring opportunities that police have received copies of orders, that for young lawyers; and support for and repre- police are aware of the specific risks posed by sentation in impact litigation.38 perpetrators (e.g., suicidal ideation, use of firearms, stalking, violent criminal history), that orders are entered in state or local police reg- Full Faith and Credit for istries, that officers can locate victim residences Protection Orders or places of employment, and that firearms have been surrendered. The Violence Against Women Act (VAWA) con- ◆ Give victims information about how to seek tains a provision known as “full faith and credit” enforcement of their orders in other counties, that directs states and U.S. territories to honor states, tribes, or territories, and facilitate provid- valid protection orders issued by other states, ing victims with notice of the status of violation tribes, and territories and treat these orders as they hearings. would their own.39 Victims who must relocate for ◆ Provide advocacy as necessary with police and safety or who work, visit, or travel in nearby states prosecution agencies when perpetrators violate or on Indian lands can now seek enforcement of orders and elude accountability. protection orders wherever the protection may be needed. Under VAWA, law enforcement officials The Role of Attorneys and State and and prosecutors must enforce protection orders Local Bar Associations even if the order was obtained in another jurisdic- tion. Judges must enforce valid orders issued by 20. Initiate pro bono services for victims seeking pro- their colleagues from other jurisdictions. In addi- tection orders, particularly those cases facing contest- tion, violators of protection orders issued in other ed hearings in which abusers have retained counsel. jurisdictions may be subject to prosecution under ◆ Devise programs providing a range of pro bono new federal crimes created by VAWA for violators legal assistance to protection order applicants— and other domestic violence perpetrators whose from protection order clinics for victims, to criminal conduct involves multiple jurisdictions or review of pleadings, representation at contested who possess a firearm.40 hearings, facilitation of settlement, and advoca- cy for enforcement. The full faith and credit provision does not detail how jurisdictions should enforce the orders of ◆ Instruct and mentor other attorneys about vio- other jurisdictions (sometimes referred to as “for- lence against women and the available legal eign orders”). Thus, states must create their own remedies. enforcement mechanisms to ensure that their crim- inal justice systems are enforcing orders from other jurisdictions. In some jurisdictions, state law hinders enforcement by requiring that victims reg- ister or file foreign orders prior to enforcement or

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by notifying respondents when a foreign protec- 2. Fully underwrite the costs of law enforcement reg- tion order has been registered or filed. Similarly, istries and court databases related to violence against state foreign judgment statutes may jeopardize women. victim safety by requiring notice, publication, or ◆ Provide adequate funding to meet the techno- payment of filing fees prior to enforcement of out- logical and personnel needs of information sys- of-state protection orders. Delays caused by such tems so that they can document all orders filing requirements may allow a batterer to violate issued, and enter these orders into the NCIC a protection order issued in another jurisdiction protection order file. with impunity, while notice to the batterer reveals ◆ Ensure judicial access to criminal history and the location of a victim who has fled to escape status, family law dispositions, or juvenile and abuse. Moreover, under the Violence Against mental health records related to the alleged per- Women Act of 2000, federal law prohibits regis- petrators who come before the court, and to tration as a prerequisite to enforcement of an order orders issued within the judicial district and issued in another jurisdiction and prohibits notify- between judicial districts within a state. ing the batterer that an order has been registered 3. Consider making violation of criminal protection unless requested by the victim.41 orders related to violence against women a criminal Although the full faith and credit provision was act. incorporated into VAWA to address the problem of ◆ Amend codes to create explicit crimes for vio- the lack of enforcement of foreign orders, it is lating criminal protection orders related to sex- clear that intrastate enforcement is still a chal- ual assault, dating and domestic violence, and lenge. There are still jurisdictions in which police, stalking. Establish that violating any protection prosecutors, and judges do not enforce orders order is a crime whether the order was issued in issued in other counties or jurisdictions in the that state or in another jurisdiction. same state. Mechanisms are being devised at the 4. Do not require notice or filing as a prerequisite to state and local levels to achieve the goal of the enforcement of foreign protection orders. federal full faith and credit provision—creating ◆ Amend statutes as necessary to ensure that they safety for victims wherever they are located. comply with federal law by not requiring notice or filing as a prerequisite to enforcement of pro- Outlined below are specific actions that state legis- tection orders issued by other jurisdictions. latures, law enforcement personnel, the bench and bar, court administrators, state registry personnel, Justice System Reform victim advocates, and related professionals can take to end violence against women. 5. Develop and implement statewide and tribal proto- cols for law enforcement, prosecution, courts, and The Role of State Legislators state registries. ◆ Ensure the uniform implementation of protocols 1. Enact legislation that enhances implementation of designed to aid in enforcement of all protection the full faith and credit provision of the Violence orders. Against Women Act of 1994 (VAWA). 6. Adopt protocols and provide ongoing training for law ◆ Use state legislation to clarify how prosecutors, enforcement on how to enforce protection orders law enforcement, probation officers, judges, whether issued in that jurisdiction or another jurisdiction. clerks of court, and other relevant criminal jus- ◆ tice personnel should treat orders issued outside Address the following issues in protocol and of the state. training: the necessity of verifying the validity of a foreign order only if the order does not ◆ Prohibit the assessment of fees and costs for appear valid on its face; service of process; fil- application and service of protection orders. ing proofs of service; regular inclusion in inci- dent and arrest reports of information related to

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full faith and credit and potential federal 9. Craft protection orders and instruct litigants in a crimes; routine submission of all protection manner that promotes enforceability. orders with case files for charging review; ◆ Follow requirements of the local, state, and NCIC registry and processing; notice of NCIC protection order registries when issuing enforcement actions to prosecutors in issuing orders. While uniform statewide forms should and enforcing jurisdictions; firearms manage- provide specific instructions regarding inclusion ment; requests for detention or bail conditions; in registries, judicial care to complete the forms and victim notification related to arrest, custodi- is imperative. al status, conditions on release, and charges ◆ Inform the parties that the order is enforceable filed. in all jurisdictions and that violations may 7. Adopt protocols and provide the training necessary expose offenders to prosecution for state, tribal, for prosecutors to ensure enforcement of protection and/or federal crimes. orders. ◆ Enforce all provisions in the out-of-state protec- ◆ Address the following issues in protocol and tion order, even if the order includes a specific training for prosecutors: comprehensive charg- remedy not available in protection orders issued ing of violations of protection orders and corre- in the enforcing state. However, the laws of the sponding infractions of the enforcing state’s enforcing state determine the sanctions that can criminal code; requests for pretrial detention for be imposed. perpetrators crossing jurisdictional lines to ◆ Develop procedures for court clerks to notify commit violence against women; communica- issuing courts of violations and dispositions tion with prosecutors from issuing jurisdictions related to foreign protection orders. about underlying orders and preferred venue for prosecution; referral procedures to federal 10. Develop systems and operating procedures to enhance enforcement of all protection orders. authorities for prosecution of protection order violations when appropriate; and the elements ◆ Design registries to document all orders of case preparation for prosecution of order issued (civil and criminal). Include all ex violations. parte/temporary and final protection orders issued within the state; all orders issued by 8. Promulgate standardized protection order forms, other jurisdictions but filed or registered within and adopt rules of court to enhance enforcement of protection orders by judicial districts beyond the issu- the state; orders issued by tribal courts located ing jurisdiction. within the state (as a courtesy to and on the request of tribes). Include the judicial district ◆ Develop and implement standardized protection and contact information for the issuing court; order forms, and require their use by all courts service status; the date of entry and expiration within the state. Use of standardized forms can of the protection order; the specific relief grant- ensure that the language necessary for enforce- ed; the name of the applicant and the names of ment is incorporated into all orders granted. all protected persons; the name, address, date of Standardized forms also increase the likelihood birth, Social Security number, and any other of enforcement outside the issuing judicial identifying characteristics of the perpetrator; district.42 the Brady record indicator; and any history of ◆ Promulgate rules of court to promote enforce- violations. ment of protection orders issued in other judi- ◆ Exclude identifying information about the pro- cial districts both within and outside the state or tected parties from registries (e.g., addresses jurisdiction. and other identifying or contact information). Should a registry include any of this informa- tion, institute measures to limit disclosure and maintain confidentiality.

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◆ Establish procedures at the local level for filing the bar to ensure compliance with the full faith protection orders issued by other jurisdictions and credit provision of VAWA. in databases. Establish guidelines to periodical- ly update foreign order entries to account for Alternative Dispute Resolution any modifications or terminations. 11. In the several states in which registration of orders in Family Courts issued by other jurisdictions with local courts is re- quired, adopt operating procedures to facilitate regis- Alternative dispute resolution is increasingly sub- tration of foreign protection orders and ensure that stituted for litigation to resolve custody and other such registration is not a prerequisite for enforcement. family law disputes when a negotiated settlement between the parties cannot be achieved.45 Whether ◆ Institute procedures for court clerks responsible by statutory mandate or court rule, many courts for registering or filing orders issued by other now require family law litigants to use mediation jurisdictions. These procedures should include a or another conciliation process to resolve family waiver of filing or registration fees, a list of the law claims.46 documents necessary for filing/registration (e.g., certified copy of the protection order, affi- A central principle of mediation is that the parties davit stating the order is extant, proof of serv- must have the capacity to mediate fairly. This ice), a rule barring notice to the abuser of the means that the parties should have relatively equal filing or registration of a protection order from power in the relationship, full information about another jurisdiction without the victim’s con- the resources available to each person and any out- sent, authority for registration without judicial standing or future financial obligations, sufficient review or assessment of validity, and documen- independent economic capacity, comparable plan- tation of filing of the foreign order. ning and negotiation skills, a willingness to recog- The Role of Advocates and Attorneys nize the postseparation needs of the other party and any children, and the ability to protect their 12. In every jurisdiction, promote the enforcement of own interests in the process of mediation. protection orders issued by other jurisdictions. In many family law cases, mediation works well— ◆ Advise victims that an order must be enforced for example, when the parties are in relative agree- in any county, state, or U.S. territory under the ment with each other, have good conflict full faith and credit provision of VAWA. Give resolution skills, maintain equivalent power in victims explicit instructions, including a written their familial relationship, have the capacity for information sheet, detailing how to obtain economic independence after , and are enforcement of orders locally.43 Specifically, ask committed to shared parenting. if the victim is planning to leave the issuing jurisdiction for any reason, including travel for Violence, , and create pro- work, vacation, visits with friends or family, found power imbalances. Men who batter or sexu- shopping, or to escape the abuser. If the victim ally assault their partners do so through a variety is likely to travel outside the jurisdiction, pre- of tactics, all designed to hold power and control pare a packet of information specific to enforce- over their or partners. Men who batter and ment in the foreign jurisdiction.44 sexually violate their partners commonly claim the ◆ Consult with advocates and attorneys in other right to make all the decisions for the family; they jurisdictions about enforcement of civil and believe that they are entitled to control all aspects criminal protection orders. Should counsel or of family life and oversee the activities of their advocates learn that another jurisdiction does partners. Men who abuse their partners as a means not have procedures for enforcing orders issued of gaining power or control cannot “cooperate” in by foreign jurisdictions, work with agencies or mediation or other conciliation processes. Nor do

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they feel compelled to comply with any agreement advocate) in attendance at any mediation session.49 reached between the partners. The American Bar Association has taken this prin- ciple one step further and recommends that in any At the same time, women who are battered may be case (whether custody-, divorce-, or business- unable to participate fully or freely in mediation. related), court-ordered mediation should include They routinely assess the risks or costs of non- an opt-out right for any party in cases in which compliance with their abusive partners’ demands, one party has perpetrated domestic violence particularly related to disclosure of abuse.47 In against the other. mediation or in legal proceedings, battered women may not appear intimidated or fearful, but they Outlined below are specific actions that state legis- may nonetheless be doing quick mental calculus to lators, court personnel (including judges, adminis- avert danger, achieve safety, and gain some trators, attorneys, and paralegals), state and bar authority to manage their lives. They may be foundation funders, law school staff and adminis- weighing whether to assert their legal interests trators, victim advocates, and victim service against the likelihood that doing so may compro- providers can take to end violence against women. mise their safety.

Men who abuse their partners may prefer alterna- The Role of State Legislators tive dispute resolution because they feel able to 1. Adopt codes that exempt victims of sexual assault, determine the outcome through coercion, manipu- domestic violence, and stalking from mediation or lation of mediators or other involved parties, other alternative dispute resolution processes. intimidation, and even violence. The alternative ◆ As a general rule, an allegation of abuse occur- process may also provide batterers with opportuni- ring within the 2 years preceding the action ties for continued contact with their victims; should trigger the exemption. Alternatively, a meanwhile, batterers may appear to be reasonable protection order, criminal conviction, or any and cooperative participants to mediators judicial finding related to the violence of one untrained in matters related to violence against party against the other should be the basis for women. exemption.50 As a general rule, when one partner perpetrates 2. Require that state courts establish standards for sexual or domestic violence or stalks the other, practice, continuing education requirements, and certi- mediation is not an appropriate mechanism for fication programs for all mediators or alternative dis- resolving family law claims.48 The Model Code on pute professionals who handle cases involving 51 Domestic and Family Violence contains provisions domestic violence or child abuse. related to mediation in the context of domestic ◆ Ensure that mediators receive instruction on violence. It specifies that if a protection order is in issues related to violence against women, effect, courts should not order or refer the parties including the power imbalance between victims to mediation. Additionally, the Code provides that and perpetrators, the risks posed by intimate in cases in which there are allegations of domestic partner violence, and the need for continued violence but no protection order in effect, the screening and assessment of danger throughout court may only order or refer the parties to media- the mediation process. tion if several conditions are met: The victim must ◆ Affirm the principle that agreements must never request the mediation, the mediation must be pro- compromise the safety interests of victims and vided by a certified mediator who is trained in children. domestic and family violence and conducted in a ◆ Ensure the availability of counsel for victims manner that protects the safety of the victim, and throughout the mediation process, and allow for the victim must be permitted to have a support the presence of support persons for victims at person (including but not limited to an attorney or conciliation sessions.

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◆ Ensure that victims of violence are not coerced and safeguards in family law cases involving into mediation or other conciliation processes violence against partners or children. Inform that are unsafe, unfair, or unaccountable. court staff about specialized mediation practice 3. Require that all mediators and court personnel who in the context of domestic violence or child refer parties to alternative dispute resolution screen abuse. for domestic violence and child abuse. 7. Screen for domestic and sexual violence, child ◆ Establish standards to screen parties for domes- abuse, and stalking, and provide notice to victims of tic violence, including an assessment of the any exemption from mediation. danger posed by the perpetrator, as mandatory ◆ Screen for domestic violence and child abuse to for mediators.52 safeguard victims and ensure the appropriate 4. Consider limiting the confidentiality of alternative interplay between the legal and the alternative dispute resolution sessions when threats of bodily dispute resolution processes. harm or violent conduct are made during mediation.53 ◆ Alert mediators to any allegation of domestic violence or child abuse when a litigant elects The Role of the Court mediation. 8. Avoid ordering mediation in cases in which domes- 5. Devise standards to allow the practice of alternative tic or sexual violence, child abuse, or stalking has dispute resolution according to local rules in locations occurred between the parties. where state codes do not establish standards related to domestic violence or child abuse. ◆ Ensure victim input in decisions about media- tion or litigation. Most state codes provide ◆ Include guidelines that call for ongoing screen- exemption or opt-out prerogatives from media- ing,54 risk assessment, safe termination and tion if there is evidence of domestic or sexual referral back to the court; advocate and attorney violence or child abuse. participation in mediation; specialized methods for mediation in cases involving domestic vio- 9. Refer victims to community-based advocacy organi- lence or child abuse; the ethical responsibility to zations for safety planning and to obtain legal counsel protect, warn, and provide safety to victims dur- when considering options related to marital dissolu- ing mediation; parameters on confidentiality; tion, child custody, and other family law proceedings. and limitations on neutrality related to victim ◆ Apprise victims of the importance of speaking safety and victim safeguards in proposed agree- with an advocate before making any decision ments. Require that any agreement offered to the about electing to participate in mediation or court include financial statements of each party pursue litigation. and a joint stipulation of the facts relating to ◆ Make referrals to designated victim service agreements on custody and economic matters. agencies. ◆ Require education of mediators about domestic 10. Recommend that unrepresented parties in family violence, child abuse, the impact of violence on law cases consult with counsel before electing or com- victims, the coercive controls exercised by per- mencing alternative dispute resolution. petrators, and how to measure the capacity of ◆ Recommend consultation with counsel about victim and perpetrator to “cooperate” and reach the processes of mediation, negotiation, and liti- fair and safe agreements. gation to help unrepresented parties evaluate 6. Provide all court personnel with training on domes- their capacity to mediate. tic violence and the safety requirements of victims. ◆ Encourage victims to consider both benefits and ◆ Ensure that family court judges and court per- risks of mediation, as well as the sufficiency of sonnel are knowledgeable about domestic vio- the jurisdiction’s specialized mediation prac- lence and child abuse. Instruct them on relevant tices and victim safety measures. behaviors and impact and appropriate remedies

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11. Scrutinize proposed agreements in cases involving ◆ Offer support services to victims who are domestic violence or child abuse to evaluate whether engaged in mediation. the provisions adequately safeguard victims and their 15. Develop programs to educate court personnel, children. mediators, judges, and attorneys about matters related ◆ Review agreements to evaluate whether the pro- to violence against women. visions compromise the fundamental safety or ◆ Collaborate with local experts to develop appro- economic interests of victims. When an agree- priate training curriculums. ment is fundamentally unfair or places a victim in jeopardy, reject the proposal. The Role of State and ◆ If the parties use a mediator who is not on the Bar Foundation Funders referral list and the judge concludes that an order is unfair or unsafe, advise the parties that 16. Underwrite the cost of establishing systems for an order will not be issued and notify the par- family law dispute resolution that safeguard victims ties that the mediator may not be qualified to and afford them counsel and advocacy. act as a mediator in such cases. ◆ Provide funding for the development of model mediation standards that address cases involv- The Role of Attorneys ing violence against women. Develop a training curriculum for mediators on sexual assault, dat- 12. Participate in alternative dispute resolution ses- ing and domestic violence, and stalking, as well sions when it is necessary to protect the interests of abused clients and their children. as specialized mediation systems that address domestic violence. ◆ Actively assist and advise abused clients partic- ◆ ipating in court-ordered mediation. When Underwrite the costs of technical assistance for appropriate, counsel should accompany abused courts, bar associations, law schools, and advo- clients to mediation and advocate for safe cacy organizations to help them meet the needs agreements. of battered spouses or parents related to media- tion and legal processes. 13. Seek training on domestic violence and mediation. ◆ Provide funding for counsel for indigent vic- ◆ Become educated about domestic violence, its tims, mentoring programs for young attorneys, consequences and risks, and the remedies that and advocacy services in family law cases may help victims achieve safety, as well as spe- regardless of the method of dispute resolution. cialized mediation practices for cases including domestic violence and child abuse. ◆ Continuously reevaluate the need for a pro- Insurance Discrimination tection order during mediation because the Against Victims of Violence mediation process itself can be a trigger for in- creasing levels of violence. Against Women The Role of Victim Advocates and Insurance companies have discriminated against Service Providers victims of domestic violence and sexual assault by denying them access to health, life, property, casu- 14. Provide services to victims of sexual assault, alty, and disability insurance. Underwriting poli- domestic violence, and stalking who are involved in cies or practices throughout the industry include family law disputes. criteria for deciding whom to cover, what to cover, ◆ Provide legal advocacy to victims in protection and how much to charge for the coverage that is order and criminal cases and in family law provided. These guidelines exclude many victims matters. of violence against women or set fee schedules that are beyond the reach of some victims. Even

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those victims who obtain coverage are frequently 2. Authorize state insurance departments to investi- not aware of the exclusion provisions within their gate and administratively adjudicate claims of discrim- policies, which are too often written in terms not inatory insurance practices. understandable to nonlawyers or not disclosed by ◆ Provide state insurance departments authority insurance agents.55 Some insurance companies similar to that held by state public utility com- have stopped writing coverage for programs that missions over utility industries. provide assistance to victims. Even individuals 3. Establish an executive-level, independent office of who provide emergency housing in their own Insurance Consumer Advocate and charge that person homes have been penalized because of their serv- with the responsibility, among others, of identifying ice to victims.56 and remedying insurance practices that are discrimi- natory against victims of violence against women. The consequences of such discriminatory insur- ance practices are profound. Victims, unable to 4. Enact codes to prohibit insurance practices that afford insurance or excluded from coverage based deny coverage to victim service agencies. on their partners’ violent or abusive conduct, may ◆ Prohibit the denial or cancellation of policies be unable to obtain health and counseling services. for crisis centers, shelters, safe homes, and They may be unable to secure their homes to pre- counseling centers or other agencies that pro- vent violence or intrusion by perpetrators or third vide assistance to victims based on the class of parties. They may be held to a higher standard clients they serve. when making worker compensation claims. They may be unable to afford to repair cars damaged by The Role of State Insurance perpetrators; as a result, they may be unable to Department Personnel transport children to school or themselves to work. They may be unable to access counseling needed 5. Establish policies and procedures to prevent dis- for themselves and their children as a result of the crimination against victims of sexual assault, dating violence.57 In the extreme, some battered and sexu- and domestic violence, and stalking and the agencies ally assaulted women are compelled to return to that serve them. living with an abuser to obtain critical health and ◆ Fully exercise fiduciary responsibilities to the counseling services or meet the economic needs of public by carefully examining all claims of dis- their children.58 crimination against victims of sexual assault, domestic violence, and stalking. Examine inter- Outlined below are specific actions that state legis- nal procedures for handling claims of discrimi- lators, state insurance department personnel, insur- nation based on victimization and evaluate ance providers, self-insured employers, and issues such as access, timeliness, and outcomes. advocates can take to end insurance discrimination Allocate resources to expedite processing vic- against victims of sexual assault, dating and tim claims. domestic violence, and stalking. ◆ Convene policymakers and representatives of the insurance industry to carefully examine the The Role of State Legislators societal implications of excluding the most vul- nerable of claimants from economic remedy 1. Enact statutes based on the model laws of the through insurance claims. National Association of Insurance Commissioners to prevent insurance discrimination against victims of The Role of Insurance Providers sexual assault, domestic violence, and stalking in rela- tion to health, disability, life, and property/casualty 6. Do not exclude claims related to violence against insurance.59 women and family members based on intentional acts of sexual assault, domestic violence, and stalking.

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◆ Voluntarily initiate new guidelines. Most insur- Batterers frequently destroy family property— ance carriers exclude intentional wrongful and battered women’s telephones, , cars, injurious acts from coverage in the policies they house walls and furniture, birth control devices, write.60 In addition to exclusions for intentional children’s favorite toys, family , and conduct, many insurance policies are written to clothing are frequently damaged or destroyed. exclude coverage for sexual assault, harass- Abusive men often take away their partners’ earn- ment, or molestation.61 Victims of sexual ings and incur debt in their partners’ names. assault, domestic violence, and stalking are par- Service providers for battered women report that ticularly vulnerable to economic dislocation the losses sustained through batterer property arising from the intentional acts of perpetrators. destruction and theft prior to separation may aver- ◆ Even if elimination of these exclusions is not age $10,000 per perpetrator.68 feasible, narrowly drawn limitations or caps on recovery can assist victims without jeopardizing Businesses in the United States lose an estimated the viability of the industry. $3 to $5 billion each year in absenteeism, lower productivity, higher turnover, and health care costs ◆ Do not deny claims for medically necessary due to domestic violence, according to the Bureau services as a result of sexual assault. of National .69 7. Evaluate health care guidelines for self-insured employers and eliminate any discrimination against The number of domestic violence victims who victims of sexual assault, dating and domestic vio- sustain physical injury is estimated at 2 million lence, and stalking.62 annually, with another 2 million subjected to non- injurious violence.70 Research on the cost of vio- lence against women indicates that the estimated Tort Law and Practice Reform totals underestimate the actual cost. Whatever the amount, it is immense and represents huge social Costs of Violence Against Women and economic losses to society. The financial costs of violence against women in this country have not yet been fully calculated. Costs of Violence Prevention However, by any appraisal the costs are staggering. The psychological scars and anguish (known as Sexual assault is estimated to involve costs total- “rape trauma syndrome”) experienced by most ing at least $110,000 per victim with an estimated women who are sexually assaulted can disrupt 1.1 million victims each year.63 The out-of-pocket their personal and professional lives for years or costs for a sexual assault victim average $5,100, even decades. Men who perpetrate violence and the balance is based on loss of wages, pain against women, especially against those with and suffering, and loss of quality of life. The whom they are in intimate relationships, are aggregate yearly out-of-pocket costs for sexual almost certain to repeat their violence.71 assault victims total about $7.5 billion, and when the intangible losses are added, the yearly cost of Victims of domestic violence employ numerous sexual assault reaches $127 billion.64 strategies to avert further violence and safeguard themselves and their children. These victims are The yearly medical expense for women who are best able to remain safe if they can limit or elimi- victims of domestic violence is estimated to be nate perpetrator access to them. Thus, many $61 million.65 Indirect costs, such as diminished women relocate, establish independent house- quality of life and pain and suffering, are estimat- holds, or employ various security measures to ed at $65 million annually.66 Lost pay and broken prevent further abuse. or stolen property total $89 million each year.67

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Costs of relocation. The costs of relocation for women, although insurance companies, crime vic- battered women and children are not currently tim compensation programs, employers, and state captured in national studies. However, service and federal governments do pay significant providers report that relocation for women and amounts each year. Communities also pay a stun- children who are displaced by domestic violence ning toll. Some of the losses incurred by commu- may cost a minimum of $5,000 per relocation.72 nities are economic, but the interruption and Many battered women separate several times from dislocation in women’s lives affect communities batterers before they can effect a permanent sepa- more profoundly. Perpetrators often pay virtually ration. Survivors of sexual assault and stalking also nothing. relocate when they feel unsafe. Research is needed to precisely identify the costs of relocation. State codes contain a broad array of tort provi- sions (i.e., provisions that cover wrongful acts Costs of independent living. The most likely pre- other than breach of contract), and each state has a dictor of whether a battered woman will perma- different statutory configuration. Criminal conduct nently separate from her abuser and establish an may give rise to tort claims. Torts based on crimi- independent is whether she has the eco- nal behavior include assault; ; intentional, nomic resources to survive without him.73 The reckless, or negligent infliction of emotional dis- three critical ingredients of economic independ- tress; false imprisonment; rape; stalking77; trans- ence for battered women are income from a source mission of sexually transmitted diseases; other than the batterer,74 adequate transportation, ; wrongful death; property destruction; and sufficient childcare arrangements.75 Research sale or dissipation of property; fraud; and securi- has found that women generally experience de- ties fraud. Tort codes contain provisions related to clines in economic well-being after divorce, while economic wrongs that may not be criminal, men generally experience small to substantial including interference with contractual relations, gains.76 These findings underscore the difficulty concealment, breach of fiduciary duty, and undue that many women encounter in their attempts to influence. There are third-party torts related to achieve independent living after leaving an abu- foreseeable acts of violence against women.78 Tort sive partner. law also potentially provides for claims by indirect victims or witnesses to violent conduct who are Costs of security and other safety strategies. injured or harmed indirectly by the tortious con- Victims who do not relocate or fully separate from duct.79 In limited circumstances, when a bystander perpetrators may invest in safety strategies. They fails to intervene against the violence, a tort claim may change or increase the number of locks on may be successfully prosecuted against the their homes or install security systems. They may bystander.80 There are also torts related to abuse or alter their routines to reduce contact with the per- exploitation by professionals who provide service petrator (and any alteration may have economic to victims.81 implications). For example, they may change jobs or work different hours, worship in a church in a Outlined below are specific actions that state legis- nearby community rather than the local church, lators, attorneys and members of bar associations, shop in stores farther from home, or change crime victim compensation personnel, and babysitters. advocates (including members of state coalitions and victim/witness specialists) can take to end vio- Who Pays the Price of Violence lence against women. Against Women? Victims bear the primary burden of the economic losses suffered from male violence against

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The Role of State Legislators 6. Eliminate any spousal immunity defense to tort claims by abused women. 1. Review current statutes and assess whether addition- al enumerated tort provisions are needed to promote 7. Remove the “entireties exemption” for judgments the recovery and future safety and well-being of victims against perpetrators of sexual and domestic violence. of sexual assault, domestic violence, and stalking. ◆ Recognize that some perpetrators who inflict violence against women are able to protect cer- 2. Enact civil remedies comparable to those in the tain assets by marrying another person and Violence Against Women Act of 1994 that permit vic- thereafter titling property as “entireties” rather tims who may not obtain justice in the criminal system to pursue civil actions against perpetrators. than “jointly held” assets. Entireties property is usually exempt from claim or attachment for a ◆ Create a civil cause of action for gender-based judgment because it is equally owned by the violence. third party and the perpetrator. Modify codes to ◆ Allow claims to be filed in state courts that allow access to these assets for damages result- assert not only the tort of “assault and battery” ing from violence against women. but also (where available) a state constitution- 8. Amend tort codes concerning the statute of limita- based claim under due process and equal pro- tions in torts involving violence against women and tection provisions, noting that some state children. constitutions forbid such conduct even without ◆ state action. Extend the statute of limitations period. ◆ Alternatively, specify that the statute of limita- 3. Enact legislation that permits use of expert testimo- tions begins only when the longest lasting of ny in civil cases to explain the psychological and emo- tional impact of sexual assault. these things has occurred: the abuse ends; the victim can act independently of the perpetrator 4. Establish and enforce penalties for professionals (free of intimidation or fear of reprisal) or has who sexually assault clients. safely separated from the perpetrator; or the ◆ Include as possible sanctions suspension, victim apprehends, or should reasonably have disbarment, removal of license or credentials, apprehended, that an injury or loss was sus- publication of the offense in industry and pro- tained as a result of the violence.85 fessional publications, and notice to the individ- 9. Approve the doctrine of “continuing tort” in state ual’s current client/patient base. statutes to permit retroactive recovery for all injuries ◆ Collaborate with professional associations to inflicted by perpetrators as part of a pattern, intermit- establish sanctions for members who physically tent or continuing, of violent or abusive conduct.86 or sexually assault their clients. ◆ Recognize that domestic violence, and some 5. Consider enacting new torts of sexual assault, part- types of sexual abuse, often encompasses a con- 87 ner abuse, or stalking.82 tinuing course of abuse. Each act compounds the injury of all former abusive conduct. The ◆ Explore why so few perpetrators of sexual damage of one injurious assault cannot be esti- assault, dating and domestic violence, and mated discretely but must be calculated based stalking are subject to judgments related to the on the entire course of contact. injuries inflicted on victims and their treat- ment.83 Explore whether deficiencies exist in 10. Encourage a legal climate that fairly addresses the laws governing familial and spousal immunity, tort claims of victims seeking redress for the wrongs governmental immunity, statutes of limitations, inflicted upon them. court or statutory rules related to mandatory ◆ Remove any bias in the justice system con- joinder, waiver, and issue or claim preclusion.84 fronting poor women, , disabled women, lesbians, non-English-speaking or immigrant women, young or elderly women,

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and women who have been convicted of ◆ Inform victims of the civil tort claims that can crimes.88 be brought against perpetrators or others. Advise victims that fines in criminal cases, The Role of Attorneys and State and crime victim compensation, and economic Local Bar Associations awards in protection orders do not foreclose supplementary tort relief. 11. Challenge any residual belief in the of ◆ Expand media campaigns to include notice to men to use physical or sexual violence against women, victims about possible recovery and time limits whether inside or outside the family, and reject notions of men’s right to exercise power over wives or female under state tort law for sexual or domestic partners. violence. ◆ Consider violent or abusive conduct toward women as egregious and compensable, just as Resources the same conduct directed at male strangers or other third parties merits recovery.89 Battered Women’s Justice Project—Civil Division 12. Educate judges and juries about the entrapment Pennsylvania Coalition Against Domestic Violence and terror suffered by victims of sexual assault, dating 6400 Flank Drive, Suite 1300 and domestic violence, and stalking; the impact rape Harrisburg, PA 17112 trauma syndrome has on a victim’s ability to partici- Phone: 1–800–903–0111, ext. 2 pate in the legal process; and the deliberate strategies Fax: 717–671–5542 of perpetrators to maintain control over victims. The Battered Women’s Justice Project (BWJP) ◆ Provide education on the injuries suffered by works with advocates and victim service providers female victims of male violence, the fear to educate communities about domestic violence induced by the violence, the losses sustained, and ensure targeted, appropriate responses to cases and the burdens and costs of prevention of fur- of domestic violence. BWJP functions through a ther violence.90 partnership of three nationally recognized organi- zations: the Domestic Abuse Intervention Project, 13. Identify abuse and inform victims of potential tort claims and other civil remedies. which addresses the criminal justice system’s response to domestic violence (including the ◆ Screen clients for abuse as part of providing development of batterer programs); the Pennsyl- competent representation. vania Coalition Against Domestic Violence, which ◆ Evaluate the range of civil remedies available addresses civil court access and legal representa- when a history of abuse is identified.91 tion issues of battered women; and the National 14. Establish bar association-sponsored mentoring Clearinghouse for the Defense of Battered programs to help law firms represent victims of sexual Women, which addresses issues raised when bat- assault, dating and domestic violence, and stalking. tered women are accused of committing crimes, including killing an abusive partner. The Role of Advocates Criminal Justice Information Services Division 15. Initiate outreach and education efforts to inform National Crime Information Center victims of potential tort claims and remedies. Federal Bureau of Investigation ◆ Counsel victims about economic remedies that 1000 Custer Hollow Road might help compensate for the crimes and Clarksburg, WV 26306 Phone: 304–625–2000 injuries inflicted upon them. Fax: 304–625–5843

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The Criminal Justice Information Services (CJIS) The International Association of Chiefs of Police Division serves as the FBI’s focal point and cen- (IACP) fosters cooperation and the exchange of tral repository for criminal justice information information and experience among police adminis- services. Programs administered under CJIS trators throughout the world and advocates high include the National Crime Information Center, professional standards of police performance and Uniform Crime Reporting, the Integrated Auto- conduct. The IACP Web site provides information mated Fingerprint Identification System, and the on training opportunities, conferences, awards, National Incident-Based Reporting System. and campaigns, as well as links to Police Chief Magazine and other publications, information on Commission on Domestic Violence—Law School international activities and outreach, and legisla- Initiative Project tive and policy updates. American Bar Association 740 15th Street NW., Ninth Floor Minnesota Center Against Violence and Abuse Washington, DC 20005–1019 (MINCAVA) Phone: 202–662–1737 Web site: www.mincava.umn.edu Fax: 202–662–1594 E-mail: [email protected] The MINCAVA Electronic Clearinghouse provides Web site: www.abanet.org/domviol extensive and up-to-date educational resources about all types of violence, including higher edu- The Commission on Domestic Violence Web site cation syllabi, published research, sources of fund- provides American Bar Association policies, train- ing and training, professionals and organizations ing materials, legal briefs, and sample legal forms in the field, and searchable databases containing relevant to domestic violence issues and proceed- more than 700 training manuals, videos, and other ings. The site also includes information about publications and products. Resources are present- upcoming events and training opportunities and ed alphabetically by topic. The site also includes a links to other resources and organizations. list of “Action Alerts”—descriptions of campaigns, protests, and projects and how to get involved. Employment Law Center Legal Aid Society of San Francisco National Center for State Courts 1663 Mission Street, Suite 400 300 Newport Avenue San Francisco, CA 94103 P. O. Box 8798 Phone: 415–864–8848 or 1–888–864–8335 (in Williamsburg, VA 23185 California only) Phone: 757–253–2000 Web site: www.employmentlawcenter.org Fax: 757–220–0449 Through its Employment Law Center, the Legal Web site: www.ncsconline.org Aid Society of San Francisco works to secure The National Center for State Courts (NCSC) equal opportunity in employment as a fundamental works to improve the administration of justice in civil right. The center addresses cases in which the United States and abroad through research, domestic violence victims have employment law education, consulting, and information services. issues. Center efforts to address workplace issues The Web site includes information on NCSC tech- include advice and counseling, litigation, commu- nical assistance and consulting services, projects, nity education, and advocacy. and initiatives, as well as an online library database, calendar of events, and links to related International Association of Chiefs of Police associations and organizations. 515 North Washington Street Alexandria, VA 22314 Phone: 703–836–6767 or 1–800–THE–IACP Fax: 703–836–4543 Web site: www.theiacp.org

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National Center for Victims of Crime available technical and training services, publica- 2000 M Street NW., Suite 480 tions, and information packets and links to related Washington, DC 20036 online resources. Phone: 202–467–8700 or 1–800–FYI–CALL Fax: 202–467–8701 Standing Committee on the Delivery of Legal E-mail: [email protected] Services The National Center for Victims of Crime’s American Bar Association (NCVC’s) mission is to help victims of crime and 541 North Fairbanks Court Chicago, IL 60611 their families rebuild their lives. NCVC works Phone: 312–988–5761 with local, state, and federal agencies to enact leg- Fax: 312–988–5483 islation and provide resources, training, and tech- E-mail: [email protected] nical assistance. The NCVC Web site provides Web site: www.abanet.org/legalservices/delivery.html relevant statistics, links to publications, and refer- rals to participating attorneys. The American Bar Association’s Standing Committee on the Delivery of Legal Services National Center on Full Faith and Credit focuses on improving the delivery of legal services 1601 Connecticut Avenue NW., Suite 701 to the public, specifically people of moderate Washington, DC 20009 income. The committee studies alternative methods Phone: 1–800–256–5883, ext. 2 of providing legal services, conducts pilot projects Fax: 202–265–5083 to test and evaluate new methods of delivering The National Center on Full Faith and Credit pro- legal services, and encourages members of the bar motes interjurisdictional enforcement of civil and to employ such alternative and new methods. criminal protection orders (per the full faith and Women’s Law Project (Insurance Discrimination) credit provision of the Violence Against Women 125 South Ninth Street, Suite 300 Act of 1994). The project provides ongoing assist- Philadelphia, PA 19107 ance and training on full faith and credit, federal firearms prohibitions, and federal domestic vio- The Women’s Law Project works to advance the lence and stalking crimes to law enforcement offi- legal and economic status of women and their cers, prosecutors, judges, court administrators and families through litigation, advocacy, public edu- other court personnel, private attorneys, victim cation, and direct services including a telephone advocates, and others who work with victims of counseling and referral service. Project staff are domestic violence and stalking. experts in insurance discrimination.

Resource Center on Domestic Violence: Child Protection and Custody Endnotes National Council of Juvenile and Family Court Judges 1. Forty-seven states have enacted provisions in P. O. Box 8970 Reno, NV 89507 custody codes that direct judges to consider Phone: 1–800–52–PEACE domestic violence when issuing custody awards. Fax: 775–784–6160 Source: National Council of Juvenile and Family Web site: www.nationalcouncilfvd.org Court Judges, Family Violence Department. Custody Code Database. June 2000. The Resource Center on Domestic Violence: Child Protection and Custody provides professionals in 2. Ibid. the field of domestic violence and child protection and custody with access to information and assist- 3. Nineteen states have enacted rebuttable pre- ance. The Web site includes information about sumptions against awards of custody to a parent who has committed domestic violence against a or parent. Source: Ibid.

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4. In July 2000, the American Bar Association memories of prior incidents and brings the fear of adopted a policy urging courts to consider domes- those events to compound the terror precipitated tic violence when drafting visitation and visitation by the present violence. If the current incident exchange orders. Source: Ibid. interrupted the child’s sleep or the dragged the child out of bed to watch, the child may have 5. National Council of Juvenile and Family Court difficulty sleeping in the future. As a result of the Judges (1994). Model Code on Domestic and damage to the phone, the child may fear that any Family Violence. Reno, NV: National Council of future attempts to seek help will result in severe Juvenile and Family Court Judges, Family retaliation even if the father does not make that Violence Department. www.dvlawsearch.com/ threat explicit. about/images/new_modelcode.pdf 11. Schechter, S., and Edleson, J.L. (1999). 6. Edleson, J.L. (1999). “Children’s Witnessing Effective Intervention in Domestic Violence and of Adult Domestic Violence.” Journal of Inter- Child Maltreatment Cases: Guidelines for Policy personal Violence 14(8): pp. 839–870. and Practice. Recommendations From the National Council of Juvenile and Family Court 7. McHardy, L., and Hofford, M. (1999). Final Judges. Reno, NV: National Council of Juvenile Report of the Child Custody and Visitation Focus and Family Court Judges. Group. Reno, NV: National Council of Juvenile and Family Court Judges, Family Violence De- 12. Valente, R.L. (1996). “Screening Guidelines.” partment. In Goelman, D., Lehrman, F., and Valente, R.L. (Eds.), The Impact of Domestic Violence on Your 8. For example, punching holes in the walls of the Legal Practice: A Lawyer’s Handbook. Washing- parents’ bedroom takes on new meaning if each ton, DC: American Bar Association Commission punch is accompanied by yelling, “That’s your on Domestic Violence. arm, that’s your breast, that’s your teeth, that’s your eyeglasses, that’s your windpipe.” And if the 13. Approximately 28 states now include sexual father is holding the struggling mother by the hair assault in the definition of abuse in civil protection and demanding that the child watch while he orders statutes. punches the wall, or if the father rips off the moth- er’s nightgown, or if the father blames the mother 14. About 20 states now include stalking in the for the damage and demands that the cost of the definition of abuse in civil protection order repairs be covered by the money set aside for the statutes. Most civil protection orders, however, are mother’s trip to a family reunion, or if the father not based solely on stalking conduct, as stalking is then pulls the phone cord out of the wall and but one aspect of the violence inflicted by perpe- smashes the receiver when the child tries to seek trators. Criminal stalking codes also permit vic- help, the punching “episode” emerges as much tims to seek no-contact or antistalking orders. more substantial abuse. 15. National Council of Juvenile and Family Court 9. Stalking is implicated in a majority of domestic Judges (1994). “Chapter 3: Civil Orders for violence homicides perpetrated by men. When Protection.” In Model Code on Domestic and battered women leave or seek separation from Family Violence. Reno, NV: National Council of abusers, many batterers begin a course of surveil- Juvenile and Family Court Judges, Family Vio- lance and stalking that too often ends in homicide. lence Department. www.dvlawsearch.com/about/ images/new_modelcode.pdf 10. If prior punching by the father has resulted in injury to the mother or has destroyed the child’s Christmas presents, the current conduct evokes

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16. Hart, B.J. (1992). “State Codes on Domestic se and represented, report that criminal contempt Violence: Analysis, Commentary, and Recom- proceedings offer better outcomes for two reasons: mendations.” Juvenile and Family Court Journal The issuing judge is more likely to order incarcera- (Special Issue) 43(4): pp. 1–81. tion than a criminal court judge hearing a misde- meanor violation and the immediacy of the 17. Ptacek, J. (1999). Battered Women in the consequence and possibility of incarceration Courtroom: The Power of Judicial Responses. enhance future perpetrator compliance. Boston, MA: Northeastern University. In Ptacek’s study of protection order applicants in two urban 20. Ibid. communities (one a predominantly jurisdic- tion and the other a community of multiple ethnic- 21. Karan, A., Keilitz, S., and Denaro, S. (1998). ities), most women found the protection order “Domestic Violence Courts: What Are They and process very beneficial and 90 percent of them How Should We Manage Them?” Juvenile and said they would recommend it to an abused friend. Family Court Journal 50(2): pp. 75–86.

Finn, P., and Colson, S. (1990). Civil Protection 22. Thirty-two states and the District of Columbia Orders: Legislation, Current Court Practice, and have established electronic registries, 13 states are Enforcement (National Institute of Justice Issues in the process of developing a registry, and 5 states and Practices Report). Washington, DC: U.S. have neither established nor are contemplating Department of Justice. NCJ 123263 one. The Protection From Abuse Database (PFAD) in Pennsylvania, likewise, is designed to be a Harrell, A., Smith, B., and Newmark, L. (1993). seamless electronic application, order, service, Court Processing and the Effects of Restraining registry, and modification system that permits ver- Orders for Domestic Violence Victims. Washing- ification by judges and law enforcement through- ton, DC: The Urban Institute. out Pennsylvania.

Keilitz, S., Hannaford, P.L., and Efkeman, H.S. 23. Wan, A.M. (2000). “Battered Women in the (1997). Civil Protection Orders: The Benefits and Restraining Order Process.” Violence Against Limitations for Victims of Domestic Violence. Women (June) 6(6): pp. 606–632. See also Ptacek, Williamsburg, VA: National Center for State J. (1999). Battered Women in the Courtroom: The Courts. Power of Judicial Responses. Boston, MA: North- eastern University. Sullivan, C., Basta, J., Tan, C., and Davidson II, W.S. (1992). “After the Crisis: A Needs Assess- 24. One legal scholar suggests that there are many ment of Women Leaving a Domestic Violence actions that judges can take to protect victims. See Shelter.” Violence and Victims 7(3): p. 267. Field, J.K. (2000). “Identifying Domestic Rela- tions Cases Involving Domestic Violence and 18. 18 U.S.C. § 2265(c). Developing Strategies for Those Cases.” In Do- mestic Violence Civil Law Institute (Conference 19. Lehrman, F.L. (1997). “Appendix 4A: Civil Manual). Washington DC: American Bar Protection Orders.” In Domestic Violence Practice Association/Young Lawyers Division/Commission and Procedure. Eagan, MN: West Group. In those on Domestic Violence, at Tab 8. jurisdictions in which violators can be charged with criminal contempt or misdemeanor crimes, victims 25. The Violence Against Women Act (VAWA) is and their lawyers often prefer to proceed with crim- IV of the Violent Crime Control and Law inal contempt charges because relief (which may Enforcement Act of 1994. VAWA 2000 is Public include incarceration for up to 6 months) can be Law 106–386. achieved within 10 days. Battered women, both pro

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26. Virtually all provide court accompaniment, 31. Chaudhuri, M., and Daly, K. (1992). “Do instruction on potential relief and the legal Restraining Orders Help? Battered Women’s process, assistance in conforming and obtaining Experience With Male Violence and Legal certified copies of orders, facilitation of distribu- Process.” In Buzawa, E.S., and Buzawa, C.G. tion and service of process, referral to community (Eds.), Domestic Violence: The Changing resources, and preliminary safety planning. Some Criminal Justice Response. Newbury Park, CA: programs assist in pleadings preparation and pro- Sage Publications, Inc. posed order development. Others help victims obtain police reports and other documentation of Finn, P., and Colson, S. (1990). Civil Protection abuse. Many help with crime victim compensation Orders: Legislation, Current Court Practice, and claims. In metropolitan areas, programs may con- Enforcement (National Institute of Justice Issues duct clinics to handle the volume of applicants and Practices Report). Washington, DC: U.S. while attempting to preserve the quality and range Department of Justice. NCJ 123263 of services. Some victim specialists serve as settle- ment facilitators. Gondolf, E.W., McWilliams, J., Hart, B., and Stuehling, J. (1995). “Court Response to Petitions 27. Karan, A., Keilitz, S., and Denaro, S. (1998). for Civil Protection Orders.” Journal of Inter- “Domestic Violence Courts: What Are They and personal Violence 9(4): pp. 503–517. How Should We Manage Them?” Juvenile and Family Court Journal 50(2): pp. 75–86. Herrell, S.B., and Hofford, M. (1991). Family Violence: Improving Court Practice. Reno, NV: 28. See Section 1101(b) of VAWA 2000, which National Council of Juvenile and Family Court provides that grantees certify that their “laws, poli- Judges. cies, and practices do not require, in connection with the prosecution of any misdemeanor or Sullivan, C., Basta, J., Tan, C., and Davidson II, felony domestic violence offense, or in connection W.S. (1992). “After the Crisis: A Needs Assess- with the filing, issuance, registration, or service of ment of Women Leaving a Domestic Violence a protection order, or a petition for a protection Shelter.” Violence and Victims 7(3): p. 267. order, to protect a victim of sexual assault, domes- 32. Many batterers seek to “recapture” their bat- tic violence, or stalking, that the victim bear the tered partners after the issuance of protection costs associated with the filing of criminal charges orders. When promises, harassment, and economic against the offender, or the costs associated with manipulation do not work, perpetrators seek other the filing, issuance, registration, or service of a strategies to reinsert themselves in the lives of bat- warrant, protection order, petition for a protection tered women. One method of regaining control order, or witness subpoena, whether issued inside over an intimate partner is obtaining custody of or outside the state, tribal, or local jurisdiction.” the couple’s children. Failing that, unfettered 29. National Council of Juvenile and Family Court access to children enables the perpetrator to main- Judges (1994). “Chapter 3: Civil Orders For tain surveillance over the battered woman and to Protection.” In Model Code on Domestic and attempt to control her through the children. Un- Family Violence. Reno, NV: National Council of regulated access not only disrupts and endangers Juvenile and Family Court Judges, Family Vio- the lives of the family, but it regenerates fear with lence Department. www.dvlawsearch.com/about/ each contact. If these tactics do not persuade the images/new_modelcode.pdf battered woman to return, abduction of the chil- dren is certain to compel the mother to engage 30. See Florida, New Hampshire, and Washington with the perpetrator again, to engage in a negotia- for examples. tion for access to the children with the expectation

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that these negotiations will be enlarged to encom- domestic violence); 18 U.S.C. § 922(d)(9) (selling pass reconciliation. or otherwise disposing of any firearm or ammuni- tion to any person knowing or having reasonable 33. Aguirre, B.E. (1985). “Why Do They Return? cause to believe that the person has been convicted Abused Wives in Shelters.” Social Work 30(4): pp. of a misdemeanor crime of domestic violence). 350–354. 41. See 18 U.S.C. § 2265(d). 34. Okun, L. (1986). Woman Abuse: Facts Re- placing Myths. Albany, NY: State University of 42. To facilitate interjurisdictional enforcement, New York Press. protection order forms should include all data required for entry into the NCIC Protection Order 35. Keilitz, S.L., Davis, C., Efkeman, H.S., File (POF), including a numeric identifier for the Flango, C., and Hannaford, P.L. (1998). Civil perpetrator; a Brady record indicator; a statement Protection Orders: Victims’Views on Effectiveness that the order is enforceable in all 50 states, the (National Institute of Justice Research Preview). District of Columbia, tribal lands, and U.S. territo- Washington, DC: U.S. Department of Justice. FS ries; certification that any custody provision in the 000191 order was issued in compliance with the Uniform Child Custody Jurisdiction Act/Uniform Child 36. For a protection order system audit tool, con- Custody Jurisdiction and Enforcement Act and the tact Battered Women’s Justice Project—Civil Parental Kidnapping Prevention Act; notice that Issues at 1–800–903–0111, ext. 2. interstate violation of the order may subject the abuser to federal criminal penalties; notice that 37. Ptacek, J. (1999). Battered Women in the possession, transportation, or receipt of a firearm Courtroom: The Power of Judicial Responses. while the order is in effect may subject the perpe- Boston, MA: Northeastern University. trator to federal criminal penalties; and contact information for the issuing court and any state or Wan, A.M. (2000). “Battered Women in the local protection order registry. Restraining Order Process.” Violence Against Women (June) 6(6): pp. 606–632. 43. This may include, for example, a recommen- dation that a victim deliver a copy of the order to 38. For further information, contact Battered the police department in the jurisdiction in which Women’s Justice Project—Civil Issues at the victim lives and works, providing the agency 1–800–903–0111, ext. 2. with a description and the likely whereabouts of 39. Commonly referred to as the “full faith and the perpetrator; a suggestion of methods for veri- credit provision,” the section covers both civil and fying that an order has been entered into local and criminal protection orders. state databases and the NCIC file; and a reminder that copies are available from the court clerk, that 40. 18 U.S.C. § 2261(a)(1)–(2) (interstate travel to a copy should be in the victim’s possession at all commit domestic violence); 18 U.S.C. § 2261A times, and perhaps that copies should be distrib- (interstate stalking); 18 U.S.C. § 2262(a)(1)–(2) uted to any place of employment, school, or other (interstate violation of a protection order); 18 activity where a violation is likely to occur. U.S.C. § 922(g)(8) (possession of firearm or ammunition while subject to a qualifying protec- 44. The packet might include the laws of the for- tion order); 18 U.S.C. § 922(d)(8) (transfer of eign jurisdiction related to arrest for violation and firearm or ammunition to person subject to a qual- possible penalties upon conviction, referrals to ifying protection order); 18 U.S.C. § 922(g)(9) community-based advocacy services in the foreign (possession of firearms or ammunition by a person jurisdiction, and the requirements for enforcing a convicted of a qualifying misdemeanor crime of protection order in that state or tribe (e.g., any reg- istration requirement and the costs of and process

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for registration, information about whether a certi- dispute resolution in various civil proceedings in fied copy of an order must be presented to the which one party to the action has been abused by police when seeking enforcement, and verification the other party. The American Bar Association rec- that the order has been included in the issuing ommends that court-mandated mediation include state registry and the NCIC POF). an opt-out prerogative in any action in which one party has perpetrated domestic violence upon the 45. Although most family law issues are still set- other party. tled by negotiation between the parents or divorc- ing couple either by counsel or pro se, when the 51. Keilitz, S.L., Davis, C.V., Flango, C.R., litigants cannot reach an accord, some form of Garcia, V., Jones, A.M., Peterson, M., and alternative dispute resolution is often employed to Spinozza, D.M. (1997). Domestic Violence and attempt agreement outside of the judicial process. Child Custody Disputes: A Resource Handbook for Judges and Court Managers. Williamsburg, 46. Through much of this Toolkit, the reader will VA :National Center for State Courts. This manual note that the word “mediation” is used rather than sets forth various safety procedures related to cus- the phrase “alternative dispute resolution.” tody mediation in the context of domestic vio- “Mediation” should be read to include all forms of lence. Mediators are largely unregulated by courts “alternative dispute resolution.” or state executive agencies. Few state codes or court rules give explicit direction about mediation 47. Hart, B.J. (1996). “Rule Making and in the context of domestic violence. A handful of Enforcement/Rule Compliance and Resistance.” codes or state rules direct that mediators or alter- In Sipe, B., and Hall, E.J. (Eds.), I Am Not Your native dispute resolution professionals meet mini- Victim: Anatomy of Domestic Violence. Thousand mum training requirements on domestic violence. Oaks, CA: Sage Publications, Inc. pp. 258–263. National mediation associations have not promul- gated standards for mediation in family law mat- 48. Hart, B.J. (1990). “Gentle Jeopardy: The ters related to violence against women. Further Endangerment of Battered Women and Children in Custody Mediation.” Mediation 52. Section 407(1) of the Model Code on Quarterly 7(4): p. 324. Domestic and Family Violence.

Pagelow, M. (1990). “Effects of Domestic Vio- 53. Many mediators and some state codes and lence on Children and Their Consequences for local rules assert that the communications within Custody and Visitation Agreements.” Mediation the mediation sessions should not be disclosed and Quarterly 7(4): pp. 347–364. that the mediator should be bound by a confiden- tial communications mandate. However, in a num- 49. National Council on Juvenile and Family ber of jurisdictions, limitations or exceptions have Court Judges (1994). Model Code on Domestic been made to the rule of confidentiality. Most are and Family Violence. Reno, NV: National Council related to the issue of fraud or misrepresentation of Juvenile and Family Court Judges, Family on financial matters, but some address issues of Violence Department (www.dvlawsearch.com/ threat of bodily injury or property destruction or about/images/new_modelcode.pdf). Section violent conduct during a mediation session. The 408(A) is the preferred of two alternatives. Section Family Law Act of Ontario requires that financial 408(B) was offered as an alternative for those disclosure forms, promulgated by the court, must jurisdictions in which mandatory mediation has be filed with the court before concluding media- been instituted; it precludes mandates except tion or litigation. under delimited, protected circumstances. Pennsylvania law, 42 Pa. Cons. Stat. (West § 50. Codes in more than one-half of the states pre- 5949(b) (2002) provides exceptions for fraud, clude judicial mandates or referrals to alternative

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enforcement of a settlement document, communi- 60. Karp, L., and Karp, C.L. (1989 and 1999 cation or conduct that is relevant evidence in a Supplement). Domestic Torts: Family Violence, criminal matter where there has been a threat of Conflicts, and Sexual Abuse. Colorado Springs, bodily injury or felonious property destruction or CO: Shepard’s/McGraw-Hill. there has been violent conduct in the mediation session, or for any document that existed independ- 61. These exclusions have been enacted or adopted ent of the mediation. increasingly over the past decade as insurance companies have begun to understand the potential 54. About one-third of courts interviewed in a cost of making women whole related to the sexual recent study on mediation in the context of domes- violence of their insureds. Source: Ibid. tic violence had established screening procedures at intake for mediation. Less than one-third inter- 62. The first charge of discrimination in health viewed the parties about present or past abuse. care coverage that came to the attention of the About one-half reported review of pleadings for Pennsylvania Coalition Against Domestic Violence allegations of domestic violence. About one-half involved a self-insured employer. The report relied on custody evaluations. Source: Keilitz, sparked the investigation that has uncovered many S.L., Davis, C.V., Flango, C.R., Garcia, V., Jones, discriminatory practices and policies. A.M., Peterson, M., and Spinozza, D.M. (1997). Domestic Violence and Child Custody Disputes: 63. Miller, T.R., Cohen, M.A., and Wiersema, B. A Resource Handbook for Judges and Court (1996). Victim Costs and Consequences: A New Managers. Williamsburg, VA: National Center for Look (National Institute of Justice Research State Courts. See also Sample Checklist for Report). Washington, DC: U.S. Department of Screening by Mediators, prepared by the Alameda Justice. NCJ 155282 County Family Court Services, p. 110. 64. Ibid. 55. Durborow, N., and Fromson, T. (1998). 65. Greenfield, L.A., Rand, M.R., Craven, D., Insurance Discrimination Against Victims of Klaus, P.A., Perkins, C.A., Ringel, C., Warchol, Domestic Violence (pamphlet). Harrisburg, PA: G., Maston, C., and Fox, J.A. (1998). Violence by Pennsylvania Coalition Against Domestic Intimates: Analysis of Data on Crimes by Current Violence. or Former Spouses, , and . 56. Ibid. Washington, DC: U.S. Department of Justice. NCJ 167237 57. “The costs of treatment for any violence- exposed patient should be covered by insurers. . .”; 66. Miller, T.R., Cohen, M.A., and Wiersema, B. excerpt from Schechter, S., and Edleson, J.L. (1996). Victim Costs and Consequences: A New (2000). Domestic Violence and Children: Creating Look (National Institute of Justice Research a Public Response. New York, NY: The Open Report). Washington, DC: U.S. Department of Society Institute. Justice. NCJ 155282

58. Durborow, N., and Fromson, T. (1998). 67. Greenfield, L.A., Rand, M.R., Craven, D., Insurance Discrimination Against Victims of Klaus, P.A., Perkins, C.A., Ringel, C., Warchol, Domestic Violence (pamphlet). Harrisburg, PA: G., Maston, C., and Fox, J.A. (1998). Violence by Pennsylvania Coalition Against Domestic Intimates: Analysis of Data on Crimes by Current Violence. or Former Spouses, Boyfriends, and Girlfriends. Washington, DC: U.S. Department of Justice. NCJ 59. Ibid. 167237

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68. Hart, B.J. (1993). “The Legal Road to Okun, L. (1986). Woman Abuse: Facts Replacing Freedom.” In Hansen, M., and Harway, M. (Eds.), Myths. Albany, NY: State University of New York Battering and Family Therapy: A Feminist Per- Press. spective. Newbury Park, CA: Sage Publications, Inc. pp. 13–28. 74. Browne, A., Salomon, A., and Bassuk, S. (1999). “The Impact of Recent Partner Violence 69. Bureau of National Affairs (1990). “Violence on Poor Women’s Capacity To Maintain Work.” and Stress: The Work/Family Connection.” The Violence Against Women (April) 5(4): pp. BNA Special Report on Work and Family (August) 393–426. Achieving a stable, independent income 32: p. 2. may be hard for victims. Men who batter their partners interfere with victims acquiring job train- 70. Miller, T.R., Cohen, M.A., and Wiersema, B. ing. They frequently make it difficult for victims (1996). Victim Costs and Consequences: A New to work because of the violence and trauma they Look (National Institute of Justice Research inflict, because they prevent women from going to Report). Washington, DC: U.S. Department of work, or because they intrude upon and disrupt Justice. NCJ 155282 their victims’ work life. Many victims are termi- nated as a result of perpetrator actions. Upon ter- Straus, M., and Gelles, R. (1986). “Societal mination, victims fall into poverty and many must Change and Change in Family Violence From seek welfare. 1975–1985 as Revealed in Two National Surveys.” Journal of Marriage and the Family 48(3): pp. Victims of violence against women cannot rely on 465–479. spousal or child support from perpetrators as a predictable, secure source of income. Batterers 71. Hart, B.J. (1993). “Battered Women and the rarely pay child support or spousal support. One Criminal Justice System.” American Behavioral study revealed that upwards of 80 percent of the Scientist 36(5): pp. 625–639. women did not receive spousal support and approximately 50 percent never received child Harrell, A., Smith, B., and Newmark, L. (1993). support 1 year after the entry of protection orders Court Processing and the Effects of Restraining in their favor. Source: Harrell, A., Smith, B., and Orders for Domestic Violence Victims. Washing- Newmark, L. (1993). Court Processing and the ton, DC: The Urban Institute. In the year before Effects of Restraining Orders for Domestic Vio- seeking protection orders, women in Denver and lence Victims. Washington, DC: The Urban Boulder were abused an average of 13 times. Institute. Langen, P.A., and Innes, C.A. (1986). Preventing Another study found that men who batter are less Domestic Violence Against Women (Bureau of likely to pay support than men who do not use Justice Statistics Special Report). Washington, violence toward their intimates (45 percent, com- DC: U.S. Department of Justice. NCJ 102037 pared to 76 percent), and batterers are less likely to fully comply with child support orders (28.3 72. Hart, B.J. (1993). “The Legal Road to percent, compared to 49 percent). Source: Kurz, Freedom.” In Hansen, M., and Harway, M. (Eds.) D., and Coughey, K. (1989). The Effects of Battering and Family Therapy: A Feminist Per- Marital Violence on the Divorce Process. Paper spective. Newbury Park, CA: Sage Publications, presented at the American Sociological Associa- Inc. pp. 13–28. tion Meeting, San Francisco, CA. 73. Gondolf, E. (1988). Battered Women as See also the Toolkit chapter “Promoting Women’s Survivors: An Alternative to Treating Learned Economic Security.” Helplessness. Boston, MA: Lexington Books.

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75. Gondolf, E. (1988). Battered Women as standards of proof related to the violence, the Survivors: An Alternative to Treating Learned injury, or the failure of the government to protect Helplessness. Boston, MA: Lexington Books. foreseeable victims are so high that many, if not most, claims against governmental bodies fail. 76. Bartfeld, J. (1998). Child Support and the Post-Divorce Economic Well-Being of Mothers, See Lehrman, F.L. (1997). Domestic Violence , and Children. An earlier version of this Practice and Procedure. Eagan, MN: West Group; paper was presented at the Joint Center for and Karp, L., and Karp, C.L. (1989 and 1999 Poverty Research Conference in May 1998. It Supplement). Domestic Torts: Family Violence, presents findings that in Wisconsin a vast majority Conflicts, and Sexual Abuse. Colorado Springs, of mothers and children experience substantial CO: Shepard’s/McGraw-Hill. losses following separation. 79. Dalton, C. (1997). “Domestic Violence, Bianchi, S.M., Subaiya, L., Kahy, J. (1997). Domestic Torts and Divorce: Constraints and Women’s Economic Independence Within Possibilities.” New England Law Review 31(2): pp. Marriage and Their Relative Well-Being After 319–395. Two tests are articulated in case law Separation: New Data From Couples. Paper pre- related to the liability of the perpetrator for vio- sented at the 1997 Annual Meeting of the Popula- lence in front of child witnesses—“the zone of tion Association of America, Washington, DC. danger” test and the “proximity/close family membership/gravity of harm to the direct Morgan, L.A. (1991). After Marriage Ends. victim/contemporaneous sensory observation” Newbury Park, CA: Sage Publications, Inc. test. Most children witnessing violence to a parent would fall under one of these tests and liability Sorensen, A. (1992). “Estimating the Economic should attach. Therefore, children who witness the Consequences of Separation and Divorce: A sexual assault, domestic abuse, or stalking of their Cautionary Tale from the United States.” In mothers may recover independent of their moth- Weitzman, L., and MacLean, M. (Eds.), Economic ers’ claims. Close relatives of an abused woman or Consequences of Divorce: The International a sexually abused child may also recover for emo- Perspective. Oxford: Clarendon Press. tional distress.

77. Few states have explicit stalking torts. How- 80. Karp, L., and Karp, C.L. (1989 and 1999 ever, recovery by stalking victims is theoretically Supplement). Domestic Torts: Family Violence, possible using other tort provisions. Source: Karp, Conflicts, and Sexual Abuse. Colorado Springs, L., and Karp, C.L. (1989 and 1999 Supplement). CO: Shepard’s/McGraw-Hill. Domestic Torts: Family Violence, Conflicts, and Sexual Abuse. Colorado Springs, CO: Shepard’s/ 81. Ibid. Most claims have arisen related to sexual McGraw-Hill. misconduct by male therapists or clergy and female patients or parishioners. 78. Employers, landlords, school administrations, human service agencies, and owners of public 82. Ibid. accommodations have been found liable for failure to act to reasonably protect against the acts of per- 83. Ibid. See also Weiner, M.H. (1995). “Domestic petrators. Most litigation has been on behalf of Violence and the Per Se Standard of Outrage.” sexual assault victims. Maryland Law Review 54(1): pp. 183–241. Quite recently, domestic violence victims have begun to Many states sharply limit liability against state and rely on the tort of intentional infliction of emo- local governments for torts committed on govern- tional distress as a basis for suing their abusers. ment or public premises or by employees of state, Courts have recognized increasingly the tort in the county, or municipal government. Generally, the marital context. Two state supreme courts have

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expressly held that the tort of intentional infliction Conflicts, and Sexual Abuse. Colorado Springs, of emotional distress may be applied to marital CO: Shepard’s/McGraw-Hill. conduct. Similarly, law review articles have begun to analyze the tort in the context of domestic vio- 89. Bender, X., and Lawrence, P. (1993). “Is Tort lence. The author of this article calls for a per se Law Male? Foreseeability Analysis and Property standard of outrageous conduct related to violation Managers’ Liability for Third Party of of protection orders issued on behalf of domestic Residents.” Chicago-Kent Law Review 69(2): pp. violence victims. 313–344.

84. Karp, L., and Karp, C.L. (1989 and 1999 Dalton, C. (1997). “Domestic Violence, Domestic Supplement). Domestic Torts: Family Violence, Torts and Divorce: Constraints and Possibilities.” Conflicts, and Sexual Abuse. Colorado Springs, New England Law Review 31(2): pp. 319–395. CO: Shepard’s/McGraw-Hill. Weiner, M.H. (1995). “Domestic Violence and the Lehrman, F.L. (1997). Domestic Violence Practice Per Se Standard of Outrage.” Maryland Law and Procedure. Eagan, MN: West Group. Review 54(1): pp. 183–241.

Lehrman, F.L. (1996) “Torts.” In D.M. Goelman, 90. Dalton, C. (1997). “Domestic Violence, Do- F.L. Lehrman, and R.L. Valente (Eds.), The Impact mestic Torts and Divorce: Constraints and Possi- of Domestic Violence on Your Legal Practice: A bilities.” New England Law Review 31(2): pp. Lawyer’s Handbook. Washington, DC: American 319–395. Bar Association. pp. 6–9 to 6–13. 91. Lehrman, F.L. (1996) “Torts.” In D.M. 85. See Giovine v. Giovine, 663 A. 2d 109 (N.J. Goelman, F.L. Lehrman, and R.L. Valente (Eds.), Super. Ct. App. Div. 1995). The Impact of Domestic Violence on Your Legal Practice: A Lawyer’s Handbook. Washington, DC: Cal. Civ. Proc. Code § 340.15 provides in part that American Bar Association. pp. 6–9 to 6–13. the statute of limitations begins from the date the plaintiff/victim realizes or should realize that the damage or injury was caused by domestic References violence. American Bar Association (2000). Domestic 86. Dalton, C. (1997). “Domestic Violence, Violence Civil Law Institute (Conference Manual). Domestic Torts and Divorce: Constraints and Chicago, IL: American Bar Association. Possibilities.” New England Law Review 31(2): pp. 319–395. American Bar Association, Center for Continuing Legal Education, Commission on Domestic 87. Tjaden, P., and Thoennes, N. (2000). Extent, Violence and the Center for Pro Bono (1996). Nature, and Consequences of Intimate Partner Stopping Violence Against Women: Using New Violence: Findings From the National Violence Federal Laws: A Study Guide. Washington, DC: Against Women Survey (National Institute of American Bar Association. Justice Research Report). Washington, DC: U.S. Department of Justice and the Centers for Disease American Bar Association, House of Delegates Control and Prevention. NCJ 181867. (2000). Resolution on Opt-Out Prerogatives in www.ncjrs.org/pdffiles1/nij/181867.pdf Court Ordered Mediation. Washington, DC: American Bar Association. 88. Karp, L., and Karp, C.L. (1989 and 1999 Supplement). Domestic Torts: Family Violence, Carbon, S.B., MacDonald, P., and Zeya, S. (1999). “Enforcing Domestic Violence Protection Orders

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Throughout the Country: New Frontiers of Protec- Epstein, D. (1999). “Effective Intervention in tion for Victims of Domestic Violence.” Juvenile Domestic Violence Cases: Rethinking the Roles of and Family Court Journal (Spring) (50)2: pp. Prosecutors, Judges, and the Court System.” Yale 39–54. Journal of Law and 11(1): pp. 3–50.

Chaudhuri, M., and Daly, K. (1992). “Do Family Violence Project of the National Council Restraining Orders Help? Battered Women’s of Juvenile and Family Court Judges (1995). Experience With Male Violence and Legal “Family Violence in Child Custody Statutes: An Process.” In Buzawa, E.S., and Buzawa, C.G. Analysis of State Codes and Legal Practice.” (Eds.), Domestic Violence: The Changing Family Law Quarterly (Summer) 29(2): pp. Criminal Justice Response. Newbury Park, CA: 197–228. Sage Publications, Inc. Field, J.K. (In press). Domestic Violence Advocacy: Crites, L., and Coker, D. (1988). “What Therapists Representation Models. Harrisburg, PA: Battered See That Judges May Miss: A Unique Guide Women’s Justice Project—Justice Center. to Custody Decisions When Spouse Abuse is Charged.” The Judges’ Journal (Spring) 9: pp. 8, Field, J.K. (2000). “Identifying Domestic Re- 40. lations Cases Involving Domestic Violence and Developing Strategies for Those Cases.” In Do- Depner, C. Evolving Picture of Domestic Violence mestic Violence Civil Law Institute (Conference in Family Court Services. Presentations for Child Manual). Washington DC: American Bar Custody Evaluators, 1997–1998. Administrative Association/Young Lawyers Division/Commission Office of the Courts, Judicial Council of California, on Domestic Violence, at Tab 8. Statewide Office of Family Court Services. Re- ports that children of more than one-half of the Field, J.K. (1998). “Visits in Cases Marked by divorcing couples in the sample witnessed domes- Violence: Judicial Actions That Can Help Keep tic violence by one parent against the other. Children and Victims Safe.” Court Review 415–396–9153 (Spring) 35(3): pp. 23–33.

Dunford-Jackson, B.L., Frederick, L., Hart, B., Finn, P. (1991). “Civil Protection Orders: A and Hofford, M. (1998). “Unified Family Courts: Flawed Opportunity for Intervention.” In M. How Will They Serve Victims of Domestic Vio- Steinman (Ed.), Woman Battering: Policy Re- lence?” Family Law Quarterly (Spring) 32(1): pp. sponses. Highland Heights, KY, and Cincinnati 131–146. OH: Academy of Criminal Justice Sciences and Anderson Publishing. pp. 155–189. Durborow, N., and Fromson, T. (1998). Insurance Discrimination Against Victims of Domestic Vio- Finn, P., and Colson, S. (1990). Civil Protection lence (pamphlet). Harrisburg, PA: Pennsylvania Orders: Legislation, Current Court Practice, and Coalition Against Domestic Violence. Enforcement (National Institute of Justice Issues and Practices Report). Washington, DC: U.S. Edleson, J.L. (1999). “Children’s Witnessing of Department of Justice. NCJ 123263 Adult Domestic Violence.” Journal of Interper- sonal Violence 14(8): pp. 839–870. Florida Coalition Against Domestic Violence (1999). Implementing a Legal Assistance/Legal Ellis, D., and Stuckless, N. (1996). Mediating and Clearinghouse Project. Tallahassee, FL: Florida Negotiating Marital Conflicts. Thousand Oaks, Coalition Against Domestic Violence. CA: Sage Publications, Inc. Full Faith and Credit Project (1999). An Advocate’s Guide to Full Faith and Credit for Orders of

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Protection: Assisting Victims of Domestic Violence. Hart, B.J. (1998). “Custody and Divorce Media- Harrisburg, PA: Pennsylvania Coalition Against tion.” Managing Your Divorce: A Guide for Domestic Violence. Battered Women. Reno, NV: National Council of Juvenile and Family Court Judges. Girdner, L.K. (1998). Domestic Abuse and Custody Mediation: The State Justice Institute Hart, B.J. (1998). Safety and Accountability: The Curriculum. (A joint product of the American Bar Underpinnings of a Just Justice System. Paper Association, the Academy of Family Mediators, delivered at the American Bar Association confer- and the State Justice Institute with input from rep- ence on Unified Family Courts, Philadelphia, PA. resentatives of the National Council of Juvenile and Family Court Judges Model Code on Hart, B.J. (1996). “Rule Making and Enforcement/ Domestic and Family Violence Committee.) Rule Compliance and Resistance.” In Sipe, B., and Washington, DC: American Bar Association. Hall, E.J. (Eds.), I Am Not Your Victim: Anatomy of Domestic Violence. Thousand Oaks, CA: Sage Girdner, L.K. (1990). “Mediation Triage: Screening Publications, Inc. pp. 258–263. for Spouse Abuse in Divorce Mediation.” Mediation Quarterly 7(4): pp. 365–376. Hart, B.J. (1993). “The Legal Road to Freedom.” In Hansen, M., and Harway, M. (Eds.), Battering Goelman, D.M., and Valente, R.L. (1997). When and Family Therapy: A Feminist Perspective. Will They Ever Learn? Educating To End Domestic Newbury Park, CA: Sage Publications, Inc. pp. Violence: A Law School Report. Chicago, IL: 13–28. American Bar Association. Hart, B.J. (1992). “State Codes on Domestic Goelman, D.M., Lehrman, F.L., and Valente, R.L. Violence: Analysis, Commentary, and Recom- (Eds.) (1996). The Impact of Domestic Violence mendations.” Juvenile and Family Court Journal on Your Legal Practice: A Lawyer’s Handbook. (Special Issue) 43(4): pp. 1–81. Washington, DC: American Bar Association Commission on Domestic Violence. Hart, B.J. (1990). “Gentle Jeopardy: The Further Endangerment of Battered Women and Children in Greenfield, L.A., Rand, M.R., Craven, D., Klaus, Custody Mediation.” Mediation Quarterly 7(4): p. P.A., Perkins, C.A., Ringel, C., Warchol, G., 324. Maston, C., and Fox, J.A. (1998). Violence by Intimates: Analysis of Data on Crimes by Current Hart, B.J., and Hofford, M. (1996). “Child or Former Spouses, Boyfriends, and Girlfriends. Custody: The Best Interest of the Child.” In Washington, DC: U.S. Department of Justice. NCJ Goelman, D., Lehrman, F., and Valente, R.L. 167237 (Eds.), The Impact of Domestic Violence on Your Legal Practice: A Lawyer’s Handbook. Washing- Harrell, A., Smith, B., and Newmark, L. (1993). ton, DC: American Bar Association Commission Court Processing and the Effects of Restraining on Domestic Violence. Orders for Domestic Violence Victims. Washington, DC: The Urban Institute. Hart, B.J., Zeya, S., and Malefyt, M. (2000). “Domestic Violence Full Faith and Credit: Hart, B.J. (2000). The Partnership Paradigm: Protection Orders.” The Practical Prosecutor Building a Movement for Representation. Lecture (Spring) 20: pp. 22–27. delivered at the Oregon Legal Services Conference on Civil Legal Assistance to Battered Women, Illinois Coalition Against Sexual Assault (1999). Portland, OR. A Guide to Civil Lawsuits: Practical Considera- tions for Survivors of Childhood Sexual Abuse and

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Keilitz, S.L., Davis, C.V., Flango, C.R., Garcia, V., Maine Court Mediation Service (1992). Mediation Jones, A.M., Peterson, M., and Spinozza, D.M. in Cases of Domestic Abuse: Helpful Option or (1997). Domestic Violence and Child Custody Unacceptable Risk. Portland, ME: Maine Judicial Disputes: A Resource Handbook for Judges and Department. Court Managers. Williamsburg, VA: National Center for State Courts. Miller, T.R., Cohen, M.A., and Wiersema, B. (1996). Victim Costs and Consequences: A New Keilitz, S.L., Hannaford, P.L., and Efkeman, H.S. Look (National Institute of Justice Research (1997). Civil Protection Orders: The Benefits and Report). Washington, DC: U.S. Department of Limitations for Victims of Domestic Violence. Justice. NCJ 155282 Williamsburg, VA: National Center for State Courts. National Council of Juvenile and Family Court Judges (1994). Model Code on Domestic and Klein, C., and Orloff, L.E. (1996). “Civil Protec- Family Violence. Reno, NV: National Council of tion Orders.” In Goelman, D.M., Lehrman, F.L., Juvenile and Family Court Judges, Family Vio- and Valente, R.L. (Eds.), The Impact of Domestic lence Department. www.dvlawsearch.com/about/ Violence on Your Legal Practice. Washington, DC: images/new_modelcode.pdf American Bar Association Commission on Domestic Violence. National Council of Juvenile and Family Court Judges, Family Violence Department (1998). Legal Aid Services of Oregon (2000). Civil Legal Managing Your Divorce: A Guide for Battered Access for Domestic Violence Survivors: Pro Se Women. Reno, NV: National Council of Juvenile and Pro Bono Practices and Strategies and Family Court Judges, Family Violence Department.

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Newmark, L., Harrell, A., and Salem, P. (1995). Legal Trends, Research Findings, and Recom- “Domestic Violence and in mendations. Minneapolis, MN: VAWnet, National Custody and Visitation Cases.” Family and Resource Center on Domestic Violence. Conciliation Courts Review (January) 33(1): pp. 30–62. Saunders, D.G. (1994). “Child Custody Decisions in Families Experiencing Woman Abuse.” Social Pagelow, M. (1993). “Justice for Victims of Work 39(1): pp. 51–59. Spouse Abuse in Divorce and Child Custody Cases.” Violence and Victims 8(1): pp. 69–83. Schechter, S., and Edleson, J.L. (1999). Effective Intervention in Domestic Violence and Child Pagelow, M. (1990). “Effects of Domestic Vio- Maltreatment Cases: Guidelines for Policy and lence on Children and Their Consequences for Practice. Recommendations From the National Custody and Visitation Agreements.” Mediation Council of Juvenile and Family Court Judges. Quarterly 7(4): pp. 347–364. Reno, NV: National Council of Juvenile and Family Court Judges. Pagelow, M. (1989). The Forgotten Victims: Children of Domestic Violence. Paper prepared for Sullivan, C., Basta, J., Tan, C., and Davidson II, presentation at the Domestic Violence Seminar of W.S. (1992). “After the Crisis: A Needs Assessment the Los Angeles County Domestic Violence of Women Leaving a Domestic Violence Shelter.” Council, Los Angeles, CA. Violence and Victims 7(3): p. 267.

Peled, E., Jaffe, P.G., and Edleson, J.L. (Eds.) Thoennes, N., Salem, P., and Pearson, J. (1995). (1995). Ending the : Community Mediation and Domestic Violence: Current Responses to Children of Battered Women. Policies and Practices. Madison, WI: Association Thousand Oaks, CA: Sage Publications, Inc. of Family and Conciliation Courts.

Ptacek, J. (1999). Battered Women in the Court- Tolman, R.M. (1992). Mediation in Cases of room: The Power of Judicial Responses. Boston, Domestic Abuse: Helpful Option or Unacceptable MA: Northeastern University. Risk? The Final Report of the Domestic Abuse and Mediation Project, Maine Court Mediation Rennison, C.M., and Welchans, S. (2000). Service. Portland, ME, and Belfast, ME: Court Intimate Partner Violence. Washington, DC: U.S. Mediation Service. Department of Justice. NCJ 178247 Valente, R.L. (1996). “Screening Guidelines.” Ruckelshaus, C. (1996). “Unemployment Com- In Goelman, D., Lehrman, F., and Valente, R.L. pensation for Victims of Domestic Violence: An (Eds.), The Impact of Domestic Violence on Your Important Link to Economic and Employment Legal Practice: A Lawyer’s Handbook. Washing- Security.” Clearinghouse Review (Special Issue) ton, DC: American Bar Association Commission 30: pp. 209–221. on Domestic Violence.

Saunders, D.G. (1998). Child Custody and Visitation Decisions in Domestic Violence Cases:

Chapter 3. Enhancing the Response of the Justice System: Civil Remedies | 37 Criminal Remedies Reports aid Intervention Access to competent legal counsel and Access to competent legal rain the bench, bar, court staff, and law T ictims benefit most from the criminal justice ictims benefit most from the criminal V If so, needed to reduce such arrests. changes make police on Train Avoid requiring victims to risk their safety to testify. Avoid system when they can avoid contact with the perpetrator, can avoid they system when some personal achieve and economic restoration, personal safety. and increase their Invest in victim/witness programs and expanded community-based advocacy. in victim/witness programs Invest needed services can provide to victims and coordi- Counselors and advocates or intervene system efforts in violent crime. nate legal to prevent or in prison Provide women victims of violence facing criminal charges representation. access to quality legal expert defendants at trial, witnesses is critical for women on appeal, through procedures,postconviction at parole, and during clemency hearings. Determine whether women victims of violence are being inappropriately arrested. responses to domestic violence,effective including identifying the primary aggressor. Support intervention efforts for batterers and sex offenders. women. a critical role in ending violence against and policies play programs enforcement personnel to recognize victim concernsenforcement personnel with victims to work and women. violence against cases involving investigate women. against response to violence enforcement law Adopt protocols for collection tools, and evidence Use standard investigation response specialized units, staff training, checklists, and other strategies to process cases. Coordinate justice system efforts to prevent or intervene in violent crime. enforcement,Collaborators include law prosecution, judges, probation/parole, victim/witness specialists, groups, advocacy shelters, and community organizations. incident reports;Require prompt completion of detailed them avail- make and victims as appropriate. able to victim advocacy agencies victims in pursuing protection orders, civil remedies, petitions, immigration insurance benefits, and compensation claims. bar about victims’Educate members of the bench and strugglesdeciding in to participate in prosecution. when a victim cannot or will not prosecutors to build a case even Encourage testify. Require training for all criminal justice personnel on sexual assault, for all criminal justice Require training dating and domestic violence, and stalking. ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ What Criminal Justice Practitioners Practitioners Justice Criminal What a Difference Make To Can Do ◆ Chapter 4. Enhancing the Response of the Justice System: the Justice of the Response 4. Enhancing Chapter Remedies Criminal Chapter 4-Tab 6/6/02 2:28 PM Page 1 Page PM 2:28 6/6/02 4-Tab Chapter Chapter 4 6/6/02 1:50 PM Page 1

Chapter 4 Enhancing the Response of the Justice System: Criminal Remedies

Law Enforcement: Gatekeeper to ignited reform efforts to create a policing environ- ment in which arrest is preferred or required upon Justice for Victims a probable cause determination that a crime of violence has been committed by a suspect.5 Codes Profound changes in law enforcement response to in every state now authorize or mandate warrant- sexual assault, dating and domestic violence, and less arrest for most misdemeanor and felony stalking have occurred in the past two decades. assaults related to domestic violence, and in many Many of these reforms implement key recommen- states, statutes authorize or mandate arrest for vio- dations put forward by the President’s Task Force lation of protection orders.6 on Victims of Crime in 1982,1 the Attorney General’s Task Force on Family Violence in 1984,2 Crimes involving sexual assault pose unique chal- and the President’s Task Force on Victims of lenges to law enforcement agencies. For many Crime in 1986.3 years, the false assumption that most sexual assault perpetrators are strangers to their victims Like other sectors of the criminal justice system, defined law enforcement’s response to sexual law enforcement has made victim safety and assault cases. Today, there is increased under- offender accountability priorities in its efforts to standing that many sexual assault victims know enhance its response to violence against women. their offenders. Consequently, investigation strate- Specialized units, extensive training, protocols, gies have begun to move beyond establishing the checklists, and other strategies are being employed offender’s identity to building a case that will to address the unique characteristics of cases in- challenge consent-based defenses and jury biases volving violence against women and ensure that against common actions by victims, such as victims’ rights are honored. Because a victim’s reporting the crime some time after it occurred first contact with the criminal justice system is typ- and engaging in what is perceived to be unsafe ically via law enforcement, that interaction often activity prior to the assault. Law enforcement has a significant impact on how victims view the agencies are urged to apply appropriate resources criminal justice system and whether they believe and existing laws to all sexual assault cases that perpetrators will be held accountable. The law meet the statutory requirements, regardless of the enforcement officer’s response can influence victim-offender relationship, the victim’s behavior a victim’s decision to report the incident to or preceding the crime, or other factors that have his- participate in the criminal justice system. torically characterized these cases as difficult.

Momentum in favor of the arrest of domestic vio- Despite improvements in the law enforcement lence offenders gained prominence after release of response to violence against women, many chal- 4 the Minneapolis Police Study in 1984. Successful lenges still remain. Law enforcement efforts in litigation against police departments for failure to rural communities are often hampered by distance intervene on behalf of domestic violence victims and lack of resources, and the capacity of both

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police personnel and community members to aid The Role of Law Enforcement Agencies victims are often limited. Many police departments are just now developing the protocols necessary to 1. Institute aggressive arrest policies against perpetra- address sexual assault, dating or domestic vio- tors of sexual assault, dating and domestic violence, lence, or stalking committed by law enforcement and stalking. officers themselves. The arrest rate of victims of ◆ Encourage or mandate arrests of offenders domestic violence for assaults on their abusive based on probable cause that an offense has partners or spouses has increased dramatically been committed. in some communities in the past 5 years.7 Many 2. Implement comprehensive protocols for law enforce- believe that this is an unintended consequence of ment response to violence against women. less-than-careful implementation of mandatory ◆ Include in such protocols a statement of purpose arrest policies. Rather than fully investigating inci- and guiding principles; a policy statement; pro- dents in which both parties allege violence by the cedures for dispatch, initial response, investiga- other or in which both parties have sustained tion, incident reports, followup investigation, injuries, responding officers have short-circuited arrest, and requests for bail increases or condi- the assessment of probable cause by arresting and tions of release; and responses to violations of charging both parties. protection orders. ◆ The Violent Crime Control and Law Enforcement Consider developing specialized units or spe- Act of 1994 (which authorizes funds to promote cially trained personnel to respond to incidents community policing and created the Violence of sexual assault, dating and domestic violence, Against Women Act) provided an infusion of and stalking. federal resources—both grants and technical ◆ Develop and implement specific training assistance—to help address some of these chal- protocols related to violence against women. lenges. Legislatures and executive agencies in ◆ Develop and implement procedures to deter and many states have supplemented these federal respond to violence against women committed resources. Support from both federal and state by law enforcement officers. levels will maintain the momentum and expand ◆ In sexual assault protocols, prohibit specific the ability of law enforcement to intervene effec- actions that treat sexual assault victims differ- tively to end violence against women. ently from other crime victims and may dis- courage victims from participating in the Police officers are the gatekeepers of the criminal investigation of a case, such as routine question- justice system. Law enforcement has offered ing about prior sexual partners (unless the powerful leadership efforts around the country offender’s identity is a legitimate issue in the to end violence against women. Experience has case) and requiring that victims undergo a demonstrated that vigorous policing, when coordi- polygraph test. nated with efforts by prosecution, probation, the ◆ judiciary, sexual assault and domestic violence Develop and implement specific protocols for advocacy groups, shelters, and other community responding to stalking.8 organizations, can deter sexual assault, dating 3. Implement standardized, comprehensive guidelines and domestic violence, and stalking and avert and tools for collecting evidence in cases of sexual life-imperiling injuries and homicides. assault, domestic violence, and stalking. ◆ Address the following in evidence collection Outlined below are specific actions that law guidelines: 911 tapes; victim and crime scene enforcement personnel can take to end violence photos9; taped interviews with all witnesses against women. (including children); excited utterance state- ments; inquiry of victims and databases that may include perpetrators’ criminal histories; identification of outstanding protection orders,

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warrants, or unexecuted judgments and proba- ◆ Consider assembling rapid response teams that tion or conditions on release; completion of a address domestic violence while maintaining body chart to record a victim’s injuries and strict victim confidentiality. Although these areas of pain; collection of forensic evidence teams typically establish a partnership between from a victim’s body; taking of a urine sample if police agencies and domestic violence pro- “rape drugs” are suspected; collection or grams for intervention, investigation, and vic- photographs of crime scene physical evidence, tim support, they also may link with other including property destroyed or damaged; agencies to promote prosecution and victim seizure and storage of firearms; and documenta- safety. tion of corroborative evidence. 6. Require the prompt completion of detailed incident ◆ Establish clear guidelines for warranted drug reports and ensure their availability to victim advocacy screens. Increase the ability of investigating offi- agencies and victims as appropriate. cers to detect surreptitious drugging of the vic- ◆ Use supplemental reporting forms or expanded tim involving flunitrazepam (Rohypnol), gamma incident report forms to more fully document hydroxybutyrate (GHB), ketamine, and other acts of violence against women. Expanded over-the-counter or prescription medications reporting forms should include data elements commonly known as “rape drugs.” Fully inform used by the Federal Bureau of Investigation’s victims who are supplying urine for drug (FBI’s) National Incident-Based Reporting screens that full drug screens might detect ille- System (NIBRS),10 and many departments are gal substances. now flagging sexual assault, domestic violence, ◆ Conduct followup contacts with victims for and stalking cases. These reports help victims investigative purposes, to provide victim sup- pursue protection orders, civil legal remedies, port, and to further engage victims in the immigration self-petitioning, insurance benefits, criminal legal process. and crime victim compensation claims. 4. Join forces with the health care community to maxi- ◆ Provide special domestic violence supplemental mize evidence collection in sexual assault cases using report forms, currently used by many depart- specialized forensic medical examination programs. ments, to guide officers to consider critical evi- ◆ Participate in the development or expansion of dence and circumstances as they investigate SANE (sexual assault nurse examiner) pro- cases. grams, also known as SAE (sexual assault 7. Act affirmatively to prevent violence against women examiner) and SAFE (sexual assault forensic committed by and against law enforcement personnel. examiner) programs. ◆ Adopt policies to both prevent violence against ◆ As appropriate, participate as presenters and women by law enforcement personnel and participants in SANE training programs. effectively investigate reports of such violence. 5. Establish specialized approaches, staffing, and units Initiate programs that begin in the prehire to respond to violence against women. screening process, include spouse and partner prehire education components, and continue ◆ Participate in locally organized sexual assault throughout the careers of officers. Develop response teams (SARTs) to improve the experi- internal investigation procedures, both criminal ence of sexual assault victims in the criminal and administrative, and develop guidelines for justice and health care systems and enhance evi- prosecuting police who commit violence dence collection for sex offender prosecution. In against women.11 many jurisdictions, SARTs include crisis coun- selors and advocates, prosecutors, forensic nurs- 8. Provide extensive assistance to victims of violence es, patrol officers, sex crimes investigators, and against women and comply with all laws protecting mental health professionals. Some teams deploy victims’ rights. several members to a crime scene.

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◆ Train law enforcement officers on laws that replace cars, all in an attempt to limit perpetra- require victim notification of rights, legal tor contact and the chance of further violence. options, and services available to them. 10. Use current technology in the service of victim ◆ As required by statute or department policy, protection and offender accountability. provide victims with officer names and contact ◆ Continue to expand and update uses of technol- information. ogy, including (but not limited to) sophisticated ◆ Consider providing cellular telephones, tape computer systems for dispatch, case tracking, recorders, transportation to hearings, and health and review of protection order and sex offender or victim advocacy services, which are particu- registries and to ascertain criminal histories and larly helpful in rural areas. outstanding warrants and facilitate firearms ◆ Create or expand victim assistance units within instant checks for offenders; further develop- police departments. In some of these programs, ment of electronic monitoring systems, pendant victim assistance providers accompany law en- alarm programs, crime mapping, and incident forcement personnel on calls so that they can report writing; expansion of Telecommunications assist victims at the earliest stage of the case. Device for the Deaf (TDD) access; and coordi- ◆ Advise victims at the outset of a criminal inves- nation of emergency cell phone distribution to tigation of their privacy rights, including their victims. right to not reveal personal information that is 11. Require ongoing training of all sworn and civilian not directly related to the investigation. Explain personnel on issues related to sexual assault, dating to each victim, however, that refusing to pro- and domestic violence, and stalking. ceed may affect the investigation or law en- ◆ As a matter of policy, ensure that patrol officers, forcement’s ability to initiate the prosecution investigators, members of specialized units, of a case. supervisors, and all department personnel who ◆ Advise victims that they may, but are under no have contact with the public receive training on obligation to, talk to the perpetrator’s defense issues related to violence against women. attorney or an investigator working for the Recognize that in many jurisdictions, it is the defense attorney. Also inform them that they do patrol officer who conducts an initial interview not have to speak to members of the media. that sets the tone for the victim’s subsequent interaction with law enforcement. 9. Design procedures to ensure the confidentiality of information related to victims of sexual assault, dating ◆ Involve criminal justice system personnel and and domestic violence, and stalking. victim advocates in the delivery of all depart- ◆ Ensure that a victim’s identity, address, and ment training on violence against women other contact information are kept confidential. issues, and base training on current research Share this information with the prosecution about offenders and victims. only—not with the media, counsel for the 12. Provide law enforcement personnel training on sex- accused, or any third party. The disclosure of ual assault that enables them to work well with victims confidential victim information to unauthorized and conduct effective investigations of incidents of persons should be grounds for disciplinary nonstranger sexual assault. action. ◆ Use training to address misconceptions about ◆ Ensure that investigative procedures do not sexual assault that can affect the response to and compromise safety strategies used by victims of investigation of particular cases. sexual assault, dating and domestic violence, ◆ Include discussions of in all sexual and stalking. Recognize that victims of these assault trainings. crimes may frequently relocate or reside in ◆ Teach law enforcement personnel how the trau- emergency shelters, change telephone numbers ma associated with sexual assault affects victim or e-mail addresses, alter work schedules or find behavior and explain victim fears about partici- new employment, open new bank accounts, or pating in the criminal justice process.

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◆ Ensure that investigators are skilled in substanti- interstate stalking, interstate domestic violence, ating victim statements. Teach evidentiary con- and interstate violation of a protection order. siderations in consent versus identity cases and ◆ Encourage effective use of procedures for refer- strategies for building a strong case when an ring and investigating felonies committed on assault is reported long after it occurred. Indian land, and encourage collaboration be- 13. Evaluate the rate of arrest of victims and imple- tween local, state, tribal, and federal law ment strategies to eliminate inappropriate victim enforcement agencies. arrest. ◆ In every case in which both parties to a domes- Prosecution of Crimes of tic violence incident allege violence, undertake a primary or predominant aggressor analysis12 Violence Against Women and evaluate claims of self- or third-party de- fense. Train officers to determine the primary Much has been learned about how to effectively aggressor by considering factors such as which prosecute perpetrators of violent crimes against person is determined to be the most significant, women. Experience and research have led many rather than the first, aggressor; the comparative prosecutors to participate in training on issues extent of any injuries; assessment of injuries as related to violence against women, develop spe- offensive, defensive, or self-inflicted; whether cialized units to address sexual assault and domes- one person is threatening or has threatened tic violence, share case information with other future harm against the other or toward another criminal justice and community entities, and estab- household or family member; the relative sizes lish protocols that address sexual assault, dating and apparent strength of each person; the appar- and domestic violence, and stalking. Additionally, ent fear or lack of fear between the parties because prosecutors have contact with all partici- involved; whether either person has a prior his- pants in the criminal justice system—victims, wit- tory of domestic violence; and statements made nesses, judges and court staff, members of the by witnesses. defense bar, law enforcement personnel, advocates, probation/parole staff, and juries—they are in a 14. Gather, analyze, and disseminate comprehensive position to provide significant leadership and data about reported sexual assaults and the outcome expertise to efforts of the legal system and the of such cases, including cases in which no suspect has community at large to address violence against been identified. women. ◆ In response to the underreporting of sexual assault cases, consider establishing methods for Lawsuits involving violence against women often victims to report sexual assaults anonymously, challenge prosecutors to build cases without a vic- and maintain a database of both formal and tim’s testimony, as in many domestic violence and anonymous reports of sexual assault. stalking cases, or to corroborate the victim’s testi- 15. Continue and expand efforts for community educa- mony, as in sexual assault cases. Two decades of tion on sexual assault, dating and domestic violence, experience handling domestic violence cases have and stalking. revealed that a significant number of women vic- ◆ Bring the credibility and authority of the law tims do not want to testify as witnesses against enforcement profession to bear on community their assailants. There are several reasons for this outreach and education efforts that challenge reluctance. Victims of domestic violence may fear misconceptions about violence against women. alienation from their families, faith communities, and other support networks if it is perceived that 16. Establish procedures for collaboration with federal they assisted in the prosecution. Many victims fear law enforcement agencies and the local U.S. Attorney. that their testimony will result in the perpetrator ◆ Refer appropriate cases to U.S. Attorneys when retaliating against them, their children, or other federal crimes have been committed, including family members and friends.

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Similarly, sexual assault victims may consider tes- Sexual assault cases in particular often depend on tifying a traumatic process, fearing retaliation or the jury believing the victim and, by definition, are that they will not be believed or will be blamed for difficult cases to win. When local prosecutors pur- the assault. Such fears are often compounded if the sue even these difficult cases, their actions send the victim engaged in behavior that is inconsistent message that no one deserves to be physically or with traditional ideas about how women should sexually abused. act, such as going out alone late at night or using drugs or alcohol before the assault, or if the assail- Victims benefit most from participation in the ant enjoys social standing within the community. criminal justice system when they can avoid Stalking victims may have serious and justified assaultive or intimidating contact with the perpe- concerns about their safety when perpetrators are trator, achieve some personal and economic released on bail. Immigrant women may fear that restoration, and increase their personal safety. conviction will result in their or their partner’s Prosecutors who understand the struggles faced by deportation. Many victims are still not accorded victims in deciding whether to participate in prose- the requisite protections and services that make cution are adjusting their practice in important participation as witnesses safe. ways—they are increasing early contact with vic- tims and listening to victim fears about testifying. These realities compel prosecutors to make victim In some cases, prosecutors may be able to try cases safety, dignity, and well-being priorities along with without the testimony of the victim. This may be offender accountability to ensure effective prosecu- possible if there is sufficient additional corrobora- tion in these cases. Such priorities are best attained tive evidence. Prosecutors are also developing rela- through an individual evaluation and assessment of tionships with community-based advocates and each case involving sexual assault, domestic vio- supporting in-house victim/witness specialists to lence, or stalking to understand and address the coordinate other services that victims may need. safety requirements of the victim as the prosecutor builds his or her case against the defendant. Goals in cases involving violence against women must include restoring the victim’s sense of dignity and safety by validating her decision to participate Redefine Success for Prosecutors in prosecution, informing the victim of significant Vigorous prosecution plays an important role in a decisions about the case, and taking steps to con- coordinated community response to violent crimes nect her with community resources that can pro- against women. Responding with serious criminal vide followup assistance. sanctions communicates to perpetrators that their behavior is not acceptable and to victims and the Outlined below are specific actions that local, community that the abuse is not the victims’ fault, state, tribal, and federal prosecutors and law the perpetrators’ actions are criminal, and help is enforcement agencies; courts; and victim advocacy available from the criminal justice system. organizations can take to end violence against women. Prosecutors often function as one of the barome- ters for a community’s tolerance of violence against women. Although a case involving violence Enhance Prosecution of Violence Against against women may meet the statutory definition Women of a crime, it may still be declined for prosecution 1. Undertake specific projects with local, state, tribal, in anticipation of jury bias against the victim due and federal law enforcement agencies to enhance to the victim’s relationship with the perpetrator (as efforts to protect victims and end violence against in marital sexual assault), victim behavior prior to women. or after the assault, or other inappropriate factors, ◆ Collaborate with law enforcement agencies including gender, racial bias, or stereotyping. to develop guidelines for investigation and

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evidence collection in cases involving sexual community-based sexual assault and domestic assault, dating and domestic violence, and violence advocacy programs. stalking. 3. Establish or strengthen vertical handling of sexual ◆ Collaborate with law enforcement agencies, assault, domestic violence, and stalking cases. courts, and community-based advocacy organi- ◆ Organize vertical prosecution units that include zations to examine the protection order enforce- prosecutors with advanced training in handling ment process in each jurisdiction. Ensure that sexual assault, domestic violence, and stalking orders are entered into state registries and viola- cases. Vertical case management, in which a tions of protection orders are investigated and prosecutor handles a case from initial intake or prosecuted. filing of charges through trial, ensures that pros- ◆ Collaborate with law enforcement agencies to ecutors have maximum understanding of vic- develop curriculums to train dispatchers, line tims, and victims benefit by having to deal with officers, supervisors, and law enforcement exec- only one prosecutor throughout their cases. utives in investigation and evidence collection 4. Promote the use of physical evidence and expert for cases involving violence against women. testimony in cases involving domestic violence and Curriculums should include training on the stalking. Violence Against Women Act (VAWA). ◆ Train prosecutors to use physical evidence, ◆ Offer technical assistance to law enforcement expert witnesses, and other trial strategies to agencies on issues of law related to violence strengthen cases in which a victim is unavail- against women, including but not limited to able to testify or when it might be dangerous arrest and charging questions, evidence issues, for her to do so. weapons confiscation, victim protection, and ◆ Before making the difficult decision to force a provisions of VAWA. victim to testify, consider carefully all the fac- 2. Ensure that all prosecutors who work with cases tors underlying the victim’s decision to not involving sexual assault, dating and domestic violence, testify, including cultural and religious beliefs. and stalking receive comprehensive training. 5. File motions to address victim privacy rights, ◆ Provide training on the nature, scope, and personal rights, and evidentiary issues. impact of sexual assault, dating and domestic ◆ File motions to poll the jury for beliefs that violence, and stalking; how victims’ experiences might raise concerns of gender bias. and circumstances affect their ability or willing- ◆ ness to participate in prosecution; applicable File motions to exclude unreliable expert/ rules of evidence; relevant sentencing laws; scientific evidence. effective prosecution strategies; and approaches 6. Design policies to maximize victim safety and to ensuring victim safety and offender dignity. accountability. ◆ Facilitate early contact with victims to review ◆ Reinforce in training of prosecutors that most their legal rights and their role in the criminal sexual assaults are committed by people known justice process. to the victim, involve little physical force, and ◆ Inform victims of charges against perpetrators, are not reported immediately. Address the myth conditions of release, and the procedure for that women routinely falsely accuse men of enforcing those conditions. Give victims a copy rape. Address the difference between unfounded of the conditions of release whenever possible. cases and false reports of sexual assault. ◆ Fully explain and, when possible and appropri- ◆ Use multidisciplinary teams to deliver training. ate, involve victims in decisionmaking regarding Include representatives from law enforcement, charges, bail decisions, preparation for trial and court-based victim/witness programs, and plea negotiations, dangerousness hearings,

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sentencing, and pre- and posttrial conditions of ● Facilitate the submission of crime victim release. compensation claims and the identification of ◆ Fully explore the reasons a victim is hesitant or restitution claims. unwilling to testify and initiate charges for wit- ● Explain and help file civil protection orders. ness intimidation and obstruction of justice ● Perform other services mandated by “victims’ when appropriate. rights” statutes in many states. ◆ Protect victims against intrusive or embarrassing ● Provide information about community-based questions unless the questions are necessary and services victims may need. the reasons for asking them are explained. ● Explain to victims that they may need 7. Eliminate allocation of resources based on an community-based services to assist them office’s or unit’s conviction rate for cases involving with safety planning. violence against women. ◆ Support advocates from community-based sexu- ◆ Allocate resources based on the number of cases al assault or domestic violence programs to reporting violence against women, not the num- ● Work specifically with victims of sexual ber of cases in which charges are filed. Avoid assault, domestic violence, and stalking to predication of funding on conviction rates. provide a full range of services such as emer- 8. Engage in community outreach practices to engen- gency housing, crisis counseling, legal advo- der the community’s trust and increase the accessibili- cacy, systems advocacy, safety planning, ty of the prosecutor’s office. court and agency accompaniment, and emo- ◆ Participate in efforts to coordinate multidiscipli- tional support. nary responses to violence against women in the ● Educate victims about the civil and criminal community. legal processes and assist victims in meetings ◆ Team with law enforcement and advocacy with criminal justice or human service agency organizations to provide information on services personnel. and laws relating to violence against women at ● Help women develop strategic plans related public events, including street or county fairs to emotional and psychological recovery, and block parties, or at events organized by personal safety, and economic survival. community organizations such as Rotary or ● Ensure privileged communications where Lions’ Club organizations, parent-teacher asso- provided by law. ciations, homeowners associations, and religious and faith-based organizations. 10. Examine office practices and procedures to evalu- ◆ ate whether they inadvertently precipitate adverse out- Consider efforts to educate the community on comes for victims. These policies may include crimes of violence against women as efforts to ◆ increase the knowledge base of the jury pool. “No drop” or presumptive prosecution practices that do not adequately consider victim safety: 9. Create a process for victim advocacy and support “No drop” prosecution policies were imple- by investing in the establishment of victim/witness mented to remove perpetrators’ control over programs and the expansion of community-based cases by reducing their ability to intimidate vic- advocacy. tims into “dropping charges” and to take the ◆ Support victim/witness specialists to responsibility for prosecution out of victims’ ● Keep victims informed of the status of their hands by informing victims and perpetrators cases. that the decision about whether to prosecute a ● Educate victims, family members, and others case is based on the evidence of a crime and not about the criminal justice process. dependent on victim cooperation. Prosecutors should recognize that prosecution can affect vic- tims’ safety or have other adverse consequences

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(for immigration or financial status) on their prosecution in any of the available jurisdictions families, and take these factors into considera- to best achieve victim safety and offender tion when deciding whether to proceed. accountability. ◆ Calendaring of cases: Delays in prosecution ◆ Identify resources to address the onerous travel create significant disincentives to victim partici- obligations for the victim caused when a case is pation. “Fast track” prosecution policies can prosecuted in several states. improve victim satisfaction and case outcomes ◆ Coordinate schedules of concurrent prosecutions because delays nearly always operate to the in state and federal courts to avoid scheduling advantage of the defendant. conflicts. ◆ Criteria for prioritizing resources: Criteria for 13. Given the high rates of sexual assault and stalking prioritization may lead some prosecutors to of American Indian women reported in recent govern- direct resources to felony prosecutions, thereby ment studies, continue to strengthen the prosecution of compromising attention to misdemeanor crimes. felony sexual assault, domestic violence, and stalking Misdemeanor crimes often foreshadow or co- on tribal land. occur with more severe and dangerous assaults. ◆ Strengthen collaborative efforts among federal, Adequate prosecutorial resources should be tribal, state, and local law enforcement and assigned to misdemeanor crimes. prosecutors to ensure that crimes of violence ◆ Measurements of successful disposition: Con- against Indian women are more effectively viction and plea rates, recidivism rates, and rates addressed. of victim participation are not the only measures ◆ Allocate adequate resources to vigorously pros- of success. Victim safety, recovery, and sense of ecute sexual violence and other crimes of vio- dignity must be factored in when evaluating lence against Indian women. criminal justice interventions, and public educa- tion may be necessary to support the prosecu- tor’s reevaluation of priorities. The Courts and Judiciary: 11. Collect and disseminate data about the office’s or Innovations and Challenges unit’s activity regarding sexual assault, domestic vio- lence, and stalking cases. Until reforms in law enforcement and prosecution ◆ Regularly evaluate data on charging decisions, practice took hold over the past 15 years, criminal rates of dismissals, plea bargains, and sentenc- courts rarely heard cases of sexual assault, domes- ing recommendations related to cases involving tic violence, or stalking. When cases involving vio- violence against women. lence against women came forward, some criminal courts were not prepared to handle them. Cultural Enhance Response to Federal Crimes tolerance of violence toward women may have Involving Violence Against Women influenced some judicial attitudes that trivialized the harm to women and often blamed victims for 12. Cooperate in investigating and prosecuting federal assaults against them. Recent legal reforms have crimes related to sexual assault, domestic violence, led to burgeoning caseloads and challenged and stalking. resources. ◆ Develop creative strategies to address cases involving violence against women and share The increase in caseloads has been complicated by information and promising practices with other the time and expertise required to ensure a fair professionals in the field. hearing of the evidence. Tailoring individual sen- tences to safeguard and restore a particular victim ◆ Emphasize cooperation in any interstate or and rehabilitate and deter a specific offender is firearm case that could potentially be prosecut- also complex and time consuming. Increased or ed under federal domestic violence, stalking, reallocated resources and innovative thinking have or firearms laws. Evaluate the viability of

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been required to bring about the necessary expan- Judges may look beyond the courthouse in their sion of information systems, reorganization of justice-making endeavors. Recognizing that justice dockets, and specialization of personnel that have is not achieved through the courts singularly, some enabled some courts to implement processes that judges and court administrators are participating in advance victim safety and offender accountability. multidisciplinary task forces to improve the legal Also, perpetrators of violence against women have system’s responses to domestic violence. Although been identified among those defendants who pose the canons of judicial ethics clearly require judges the most danger for judges, court personnel, vic- to be actively involved in the fair and efficient ad- tims, and the public. Hence, courthouse security ministration of justice, some questions have been has been upgraded in many jurisdictions to address raised regarding whether judicial participation in the corresponding risks. these justice reform activities is appropriate. Other opinions have found that judicial participation is New judicial approaches are also being developed ethical and appropriate.17 for stalkers who do not respond to intervention or who attempt to regain control over their victims. What is clear is that judges can play an important Most stalkers target female partners or acquain- leadership role in their public or private lives to tances; four of five stalking victims are women.13 positively affect how violence against women is Women are stalked both while relationships are viewed and treated by others in the community. intact and afterwards.14 Stalkers are highly likely to continue pursuing victims absent unequivocal Outlined below are specific actions that judges, intervention. There also is elevated risk that men court administrators and personnel, bail commis- who persist in stalking will severely injure or kill sioners, probation staff, victim/witness specialists, intimate partners. community-based advocates, and federal and state grantmakers and Congress can take to end violence In the early , the State Justice Institute (SJI) against women. began to fund education initiatives focused on improving court responses to sexual assault and The Role of Judges and Court domestic violence. SJI’s commitment brought pri- vate funders and federal and state grantmakers to Administrators the table as well. The judicial education awards15 1. Design and manage courts to protect victims, court made by SJI and the U.S. Department of Justice’s personnel, and the public from violence. Violence Against Women Office, among others, ◆ have significantly increased opportunities for Implement security measures to ensure that courts to access education on appropriate criminal court processes are safe for all involved. Provide court response to violence against women. These victim waiting rooms that are secured by law education initiatives have emphasized judicially enforcement personnel. Make adherence to led, interactive, action-planning training. All stress security procedures a condition of employment the importance of leadership by judges and court for all court staff. administrators in creating court systems that effi- ◆ Manage courtrooms to promote the safety of ciently and effectively deliver justice—promoting victims, witnesses, jurors, court staff, and the victim safety and offender accountability. Currently, public. Develop explicit guidelines for emer- a few states, by statute or administrative rule, re- gency response to violence and train all staff quire judicial education on matters related to vio- accordingly. Threats or acts of violence in the lence against women.16 Some codes and rules also courthouse should result in detention of sus- require such education of court administrators and pects, criminal prosecution, enhanced victim other court personnel. protection, and swift and public disposition of charges to promote confidence in the safety of the legal process.

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2. Promptly hear cases involving violence against to appear at any legal proceeding in a criminal women. case involving violence against women. ◆ Evaluate and consider implementing mecha- ◆ Establish procedures that provide for issuance of nisms designed to increase victim safety such as warrants around the clock. the immediate issuance of protection orders, ◆ Issue warrants immediately for arrest and search enhanced warrant systems, accelerated docket- and seizure of firearms when an offender has ing, limitations on delays or continuances, and not complied with firearms prohibitions or has 18 restitution. used violence in contravening any court order ◆ Understand the extent to which time is a critical related to criminal matters involving violence factor in criminal cases involving violence against women. against women. Delays and continuances are ◆ Invite but do not compel victims to provide likely to dissuade victims from participation in information about offenders—their likely prosecution because they entail both danger and whereabouts, identifying features, employment, inconvenience for victims. Without intervention, and other details that might assist in their loca- perpetrators pose ongoing danger to victims. tion and arrest. Unprotected victims are often targeted by perpe- 5. Develop administrative systems that preserve the trators with threats and intimidation, and perpe- confidential addresses of victims of violence and any trators may try to coerce victims to recant or name-change information. resist testifying. ◆ Hold victim contact, location, and name-change ◆ Understand that numerous court appearances information confidential in secured databases or can adversely affect victims’ economic stability, files, accessible only to authorized court person- through lost income and even lost jobs. Victims nel. Sexual assault survivors, battered women, of domestic violence who are financially and stalking victims frequently relocate, go to dependent on their incarcerated perpetrators temporary shelters, or change telephone or e- may suffer extreme economic hardship. Speedy mail addresses in attempts to limit perpetrator resolution of cases helps victims obtain needed contact and opportunities for further violence. restitution or compensation. Victims sometimes change their names to 3. Consider implementing specialized docketing or reduce perpetrators’ ability to track them and dedicated courts to handle cases involving sexual reoffend. It is imperative that courts not com- assault, domestic violence, and stalking. promise these safety strategies. ◆ Establish specialized dockets and dedicated 6. Establish mechanisms for assessing the dangers courtrooms as a response to the high volume of posed by perpetrators. domestic violence criminal cases. Specialization ◆ Initiate risk assessment at bail or arraignment allows judges to acquire knowledge about vio- proceedings and continue it throughout the legal lence, risk assessment, recidivism, effective per- process and for the full period of any sentence petrator intervention, community resources, imposed. information systems, and the protective and restorative requirements of victims. Special ◆ Evaluate the risk posed by the perpetrator to the dockets and courts can be coordinated with spe- victim, the victim’s family, and the community cialized investigators, prosecutors, and proba- when making a judicial decision. tion officers. ◆ Invite victim input into risk assessment. ◆ Explore the benefits of specialized handling of ◆ Employ standardized instruments for risk sexual assault and stalking cases. assessment to ensure consistency and facilitate 4. Make warrants a priority for violent crimes against evaluation. women. ◆ Issue bench warrants when perpetrators of sexu- al assault, domestic violence, and stalking fail

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7. Retain qualified persons to translate and provide ◆ Consider including the costs of victim advocates communication services for those victims and offend- and victim/witness specialists in court budgets. ers who require language assistance. 9. Develop information systems that enhance judicial ◆ Ensure that interpreters are available and that access to relevant information about perpetrators of they have been trained to work with victims of violence against women. sexual assault, domestic violence, and stalking. ◆ Maintain information systems that permit judges Victims, witnesses, and defendants who do not and other court personnel to learn about perpe- speak English, who cannot read, or who are trators’ criminal histories, outstanding warrants, deaf, hard of hearing, or visually impaired current conditions on release, probation or require assistance for full and fair participation parole, existing protection orders, and other in the criminal court process. Language and family or juvenile court orders that may be in communication services are increasingly impor- effect. tant as this country becomes more diverse. ◆ To support informed decisionmaking, give bail ◆ Ensure that interpreters are qualified to help commissioners, magistrates, judges, and other victims and offenders understand the sentences court personnel and probation staff access to imposed, the conditions and potential conse- legal databases and other information to assess quences for violating those conditions, the risk, draft orders, review compliance, pursue process for surrendering firearms, compliance revocation, and otherwise preside fairly over procedures, and methods for enforcing cases involving violence against women. sentences. ◆ Bear in mind that the criminal history of violent ◆ Ensure that posters, brochures, forms, videos, perpetrators is relevant to risk assessments and and other informational material provided by development of sentencing conditions. courts are culturally and linguistically ◆ Enter all conditions of release,19 no-contact or appropriate. protection orders, sentences, and conditions of 8. Encourage advocates and victim/witness specialists probation or parole into court and appropriate to participate in civil and criminal legal processes. law enforcement databases. ◆ The court should involve community-based 10. Develop information systems that enhance law advocates and victim/witness specialists in enforcement access to relevant information about per- educating victims on victims’ rights, protective petrators of violence against women. orders and their enforcement, the civil and ◆ Devise systems to enter data about sex offenders criminal legal processes, victim input or par- into state sex offender registries. ticipation in court processes, scheduling and ◆ appearances at hearings, security procedures in Create failsafe systems to export protection the courthouse, and crime victim compensation orders to state protection order registries, claims and restitution. including data such as perpetrator identifiers that can be passed on to the FBI’s National ◆ Some advocates and victim/witness specialists Crime Information Center (NCIC) Protection provide support during proceedings and help Order File,20 Brady identifiers to be eligible for survivors communicate more effectively with entry into the federal instant check system relat- bail commissioners, arraignment magistrates, ed to firearms prohibitions,21 and conditions on prosecutors, and probation staff. release and probation or parole. ◆ In some judicial districts, advocates offer “court 11. Ensure the physical accessibility of courthouses schools” for victims and witnesses to acquaint and the judiciary. them with court processes and help them partic- ipate most effectively in the civil and criminal ◆ Consider the use of telephone, fax, video, or justice systems. Internet technology to give victims who live in rural areas and those who cannot afford or access public transportation the ability to

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participate in interviews, protection order or bail What Judges Can Do in Response to proceedings, preliminary hearings, and postdis- Violence Against Women positional matters. ◆ Work with the state to reimburse victims for 15. Impose conditions of bail or release that promote transportation costs for trial and make arrange- offender accountability and prevent reoffense. ments for transportation from remote areas. ◆ Consider additional factors beyond risk of flight Cover the costs of housing and food for those when making recommendations to courts related victims who live too far away to commute to to bail and conditions of release in cases of vio- hearings. lence against women.23 Numerous state codes 12. Use judicial selection and assignment processes to authorize or mandate that magistrates and bail ensure that judges presiding over violence against commissioners examine the dangers posed by women cases are well informed. perpetrators of violence against women and delineate conditions designed to stop the ◆ Ensure that judges assigned to handle domestic violence.24 violence cases are adequately trained to assess ◆ issues that are unique to these cases. Include restrictions on access to other potential victims as part of conditions for sex offenders. ◆ In so far as is practicable, assign judges who demonstrate familiarity with violence against 16. Avoid penalizing victims for refusing to testify or women and the range of judicial and community participate in criminal cases involving violence against interventions that advance victim safety and women. offender accountability to cases and dockets ◆ Judicial compulsion to penalize victims who involving violence against women. refuse to participate in the criminal case against ◆ Recognize that bureaucratic handling that trivi- their batterer may revictimize survivors, jeop- alizes cases of violence against women vindi- ardize their safety, and deter them from seeking cates offenders, discourages victims from help in the future. seeking justice, and undermines the court’s 17. Review court and law enforcement databases authority. before issuing orders in criminal cases involving vio- 13. Exempt criminal cases related to violence against lence against women. women from mediation. ◆ Review databases to identify all court orders ◆ Avoid the use of mediation or other conciliation issued against the perpetrator. processes in violence against women cases.22 ◆ Avoid issuing conflicting orders that place the The use of mediation or conferencing between perpetrator at risk of penalty for violating one the parties can be dangerous and highly debili- order while complying with another. Conflicting tating to victims. orders also place enforcing police officers in the ◆ Consider victim-offender mediation or other untenable position of choosing between court practices designed to teach the offender the full orders. impact of his criminal acts inappropriate for use 18. Carefully scrutinize negotiated pleas and sentences with batterers, sex offenders, or stalkers. in criminal cases involving violence against women. 14. Undertake evaluation research on the process and ◆ Scrutinize pleas in sexual assault, domestic vio- outcomes of court reforms. lence, and stalking cases. Reject pleas that do ◆ Evaluate the efficacy of court practices in cases not provide for offender accountability or may involving violence against women. Identify the jeopardize the victim’s safety. strengths and weaknesses of court systems and ◆ Invite victim input in devising “criminal protec- practices through research on the judicial tion orders.” Judges are authorized by common process and its outcomes. and statutory law to impose conditions on sen- tences. State legislation enumerates the elements of these conditions. Some state codes explicitly

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allow judges to protect victims or witnesses personnel in jurisdictions that invest time in from intimidation or recurring violence. compliance reviews find that scrutiny and super- 19. Incarcerate violent offenders as appropriate. vision are useful prevention strategies. In some judicial districts, requiring regular written ◆ Continue to confine sex offenders, and continue reports of providers (such as batterer interven- civil commitments of recidivist sex offenders. tion programs) to whom perpetrators are man- Exercise judicial authority to remove serial sex dated for services has minimized the time offenders from the community. invested by probation and courts. ◆ Incarcerate batterers who are recidivists or who ◆ Require regular reports to the court about man- pose a high risk of continuing danger to victims. dated attendance, participation, and completion Research confirms that batterers often use esca- of counseling, drug or mental health treatment, lated and more injurious violence at and after batterer intervention, or sex offender treatment the time that the victim separates from the abuse programs, as well as immediate reports to and when the victim seeks assistance from law probation and/or the police about recurring enforcement or the court.25 violence. 20. During sentencing hearings, inform offenders and ◆ Modify conditions of release or sentence to victims about the terms and conditions of a sentence address any threat or danger that perpetrators of and the possible consequences of noncompliance. violence against women pose to victims or the ◆ Discuss all terms and conditions of sentences community. Enter any modification into the imposed in violence against women criminal appropriate law enforcement and court cases and the potential consequences of non- databases. compliance. Offenders in intimate violence and 22. Make enforcing restitution awards a priority. stalking cases often exhibit denial and cognitive ◆ distortions of their behavior. Because they Ensure that victims, especially those who expe- blame others for limitations on access to their rience significant economic losses related to victims or the provisions in their sentences that violent crimes, benefit from restitution in pay- circumscribe their behavior, it is essential that ments made pursuant to sentencing. Often, judges inform offenders of all the conditions crime victims have received funds paid by of their sentences and the consequences of offenders only after court costs, counseling noncompliance. fees, fines, and penalties were paid. ◆ ◆ Inform convicted offenders when, where, and Mitigate adverse effects of victimization by how they are to surrender all firearms and broadly conceiving restitution. For example, ammunition. consider allowing victims to claim not just med- ical or counseling reimbursement, but property ◆ Help victims understand the mandates of a sen- replacement, lost wages or tuition, relocation tence so that they can accurately assess whether costs, and funds expended for participation in a perpetrator’s conduct violates those prescrip- legal processes. The restitution paid to victims tions. Provide victims with information about helps them reestablish their economic viability the processes for enforcing court orders and and move toward recovery. what to do if they feel in danger of recurring ◆ violence. Tightly monitor repayment schedules. ◆ 21. Conduct compliance reviews and, in locations Pursue other collection strategies permitted by where courts retain the authority to modify a sentence, statute or case law, including wage attachment, modify conditions to respond to a significant change in asset forfeiture or judgments, and asset attach- risk or circumstances. ments, when restitution is not made in a timely ◆ Where appropriate, enhance scrutiny and super- fashion. Offender work release programs that vision of perpetrators of sexual assault, domes- carefully use mechanisms to protect victims tic violence, and stalking. Judges and court may be a strategy for fulfilling restitution requirements.

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23. Continue and expand education for judges and The Role of Federal and State other court personnel on sexual assault, domestic vio- Grantmakers and Congress lence, and stalking. ◆ Support ongoing judicial education and training 27. Increase funding available to courts to expand and that emphasizes the risks posed to victims and upgrade their responses to violence against women. the community, the recidivism of offenders ◆ Redeploy judicial resources to help jurisdictions absent swift and predictable interventions, the accomplish the recommendations in this Toolkit. impact of violence on victims and their children, ◆ Set aside substantial funding to develop and and the potential contributions that judges can manage information systems to enhance court make to promote victim and community safety responses related to violence against women. and offender accountability. Automation of the courts and development of How Judges and Court Administrators Can information systems requires significant, sus- tained resources. Protecting these information Contribute to Coordinated Community systems from unauthorized access and ensuring Responses the confidentiality of victim information is essential but can be costly. 24. Participate in state and local councils or task forces on violence against women. ◆ Organize and serve on coordinating bodies de- Pretrial Release, Presentence signed to improve practice and policy through- Investigation, and Probation out local and state legal systems. Judges bring significant personal and institutional power to Agencies facing burgeoning sexual assault, domes- these justice-seeking efforts. Models of coordi- tic violence, and stalking caseloads are struggling nated community response are numerous.26 to tailor the traditional approaches of pretrial 25. Initiate or participate in fatality reviews. release, presentence investigation, and probation to the unique requirements of these criminal ◆ Help develop and implement domestic violence defendants. and stalking fatality reviews.27 Modeled on child death review initiatives, these efforts have per- Pretrial release agencies, on which the criminal mitted the legal system, advocacy community, justice system has historically relied to assess and medical field to examine community sys- defendants’ risk of flight and danger to the public, tems to assess whether domestic violence homi- are now asked to consider additional factors in cides might have been prevented had various cases of violence against women. This supplemen- institutions throughout the community respond- tary investigation usually considers the risk of fur- ed differently. ther harm to or intimidation of the crime victim; 26. Participate in community education of profession- risk of harm to the victim’s children, family, or als and the general public. supporters; amenability of the perpetrator to spe- ◆ Implement standards for intervention and com- cialized sex offender management or batterer inter- munity service programs affiliated with courts vention programs; and, when feasible, supervision and charged with providing rehabilitative, moni- of the offender pending trial. toring, or educational services to offenders. Agencies that draft presentence reports for court ◆ Educate professionals in related fields on the consideration were not traditionally asked to inves- law and the workings of court processes. tigate and make recommendations on misdemeanor Provide ongoing instruction for colleagues in cases. People who commit crimes of sexual assault, the legal and human services systems as new domestic violence, and stalking often recidivate statutes and court rules are promulgated. during the pendency of prosecution and escalate ◆ Teach community-based victim advocates how the severity and frequency of their criminal they can assist victims in the legal process.

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conduct, making early and appropriate intervention The Role of Pretrial Release, Presentence critical. Misdemeanor intervention may, in fact, be Investigation, Probation, and Related effective in terms of long-term resistance. Today, Agencies resources are being directed at increasing presen- tence investigations in misdemeanor cases involv- 1. Conduct prerelease assessments for those accused ing violence against women. of misdemeanor and felony sexual assault, domestic violence, and stalking. Make these assessments avail- Probation offices have begun to establish programs able electronically to all bail commissioners and for sex offender and batterer supervision, manage- arraignment judges. ment, and intervention. Practices include specific ◆ Increase bail commissioners’ and arraigning conditions on probation issued by courts or by pro- judges’ access to protection order registries, sex bation offices; assessment systems that set the level offender registries, databases containing condi- of supervision based on the risk posed by offend- tions on release or probation, risk assessments ers; intensive and specialized probation and field conducted by various sectors of the criminal jus- supervision; and routine feedback to courts regard- tice system, and victim feedback on potential ing perpetrator compliance. risk and protective conditions on release. ◆ Although pretrial service and probation agents Create an electronic network of databases for have not always considered regular contact with bail commissioners or judges to help them eval- victims as appropriate or necessary components of uate whether bail should be denied, the appro- their work, the nature of intimate partner crimes is priate amount of any cash bail granted, and that reoffenses usually occur against the same vic- conditions to be imposed on bail for victim tim within the 6 months following the presenting protection and offender restraint. charge. Sex offenders who target nonpartner or ◆ Develop assessment tools to enhance both the acquaintance victims may not reassault the same quality and speed of pretrial release data victim but are likely to assault another during the gathering. pendency of prosecution. Victims may be the best ◆ Overcome judicial resistance to pretrial deten- source for information about the defendant’s com- tion by educating judges and court administra- pliance with some release and probation terms. tors on the risks posed by certain offenders. Victim safety can often be assessed only by regular Pretrial services staff might consider submitting contact. Ensuring victim safety and offender memos delineating how the profile of a particu- accountability requires reaching out to victims. lar perpetrator matches the risk markers for lethality or heightened dangerousness as Innovative policies, supervision styles, and man- revealed in current research literature. agement systems can greatly enhance oversight of 2. Submit a presentence investigation report to the probationers and parolees and increase offender court in every sexual assault, domestic violence, and accountability. They must also advance the safety stalking case. and restoration interests of victims. Evaluation of ◆ all probation approaches should carefully examine Report to sentencing courts on the history of the efficacy and efficiency of policies and practices prior convictions for a defendant accused of from the perspective of victim and community sexual assault, domestic violence, or stalking safety and restoration. crimes; records related to intimidation or threats against this or other victims; substantiated find- Outlined below are specific actions that court per- ings or convictions for child abuse; history of sonnel, victim/witness staff, community-based vic- protection orders issued against the defendant; tim advocates, law enforcement personnel, and listing of the defendant in any sex offender reg- pretrial release, presentence investigation, proba- istry; history of firearms ownership or posses- tion, and related agencies can take to end violence sion and use; abuse of pets or animals; personal against women.

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history of the defendant; history of addictions; assessment factors listed above in recommenda- defendant treatment needs and amenability to tion 2, presentence investigation.) treatment; compliance with prior probation or ◆ Automatically classifying sex offenders, perpe- other intervention; and victim impact statement. trators of domestic violence, and stalkers for ◆ When preparing presentence reports on sex maximum supervision and management. offenders, perpetrators of dating and domestic ◆ Building close, cooperative working relation- violence, and stalkers, consider their elevated ships among probation and law enforcement, rates of recidivism and the likelihood that the prosecution, courts, victim advocacy organiza- defendant will attempt to exert control over the tions, specialized sex offender and batterer treat- victim and perhaps people associated with the ment providers, mental health and addictions victim. agencies, and children’s services. ◆ Recommend conditions to the sentencing judge ◆ Consistently sanctioning perpetrators for viola- that will limit perpetrator access (directly or tions. Denial of their acts of violence, rationali- through third parties) to victims and provide zation of the conduct acknowledged, and safeguards for all those at risk. intimidation of victims are all exacerbated when ◆ Adopt a crime-specific assessment form to use offenders violate probation terms, however in preparing presentence investigations and minor, with impunity. reports. Use standard forms to help court or pro- ◆ Expediting hearings on probation or parole vio- bation staff identify and assess all of the rele- lation charges related to intimate partner and vant and available information. If during the sexual violence and using dedicated or special- course of assessment it appears that the offender ized courts to enable swift, predictable, and has committed other crimes of interpersonal effective penalty imposition.28 violence, include this information in the presen- ◆ Enhancing the development and use of sex tence report. offender registries. Convicted sex offenders are ◆ Ensure that all sentences include detailed, spe- required to register with the local police in any cial conditions on probation or parole related to community in which they reside; the statutes the specific profile of the offender and the safety often authorize community member access to requirements of direct and indirect victims, such registry information. Every state has enacted as the stalked woman and her family members. some form of sex offender registration law. At ◆ Assess the level of threat that is posed by the least 14 state codes authorize or require elec- offender to the victim, her family, or the com- tronic posting of registration information on the munity, using one of the several risk assessment Internet.29 tools currently available. Ask victims whether ◆ Initiating programs for community volunteers or they consider themselves to be at risk of vio- chaperones who help sex offenders reintegrate lence, abuse, or coercive controls from the per- into communities. petrator. Craft sentences and modify probation ◆ Providing specialized supervision of sex offend- or parole conditions based on the risks posed. ers and perpetrators of domestic violence. Such 3. Develop new models of probation supervision and an approach requires light caseloads and much management of offenders. Such models could include more contact with offenders, which can be very ◆ Assessing defendants for dangerousness to the costly. victim, her children, and others in the communi- ◆ Moving from court- or office-based supervision ty, including separate assessment tools for sex to field or community supervision. Proponents offenders and perpetrators of dating and domes- of community supervision believe it is more tic violence. Usually, this assessment is a sup- effective for monitoring compliance and pro- plement to the standard evaluation instrument. It moting victim safety. is crucial that probation agencies make supervi- sion decisions based on these assessments. (See

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◆ Expanding use of technology-based supervision ◆ In all types of risk assessments, address cultural enhancements to help manage sexual assault, barriers that victims may encounter when they domestic violence, and stalking offenders. Two attempt to obtain services and law enforcement examples of such technology are electronic response. Ensure that all risk assessment strate- monitoring and automated check-ins, both of gies are culturally and linguistically competent. which have greatly improved in recent years and ◆ Early in the process, disclose limits on the confi- now provide more reliable data on compliance. dentiality of communication between the victim Technology in the service of supervision and and victim/witness staff or community-based vic- management achieves closer supervision at tim advocates who work in probation offices. reduced costs. Without such disclosures, many women are un- ◆ Adding victim advocates to the probation staff derstandably confused about the roles of staff. to help victims with safety planning and legal Without an accurate understanding of the extent options assessment, information, and referral. and limitations of confidentiality, victims cannot In a few jurisdictions, probation staff rotate exercise informed choices related to how much through the victim advocate position; in others, information they want to disclose (and to whom) new staff are added to offer support and advoca- about themselves, their children, or their cy to victims of violent crimes. In most commu- assailants. nities, however, advocacy and services for victims of sexual assault, domestic violence, and An Emerging Issue: Victim- stalking are provided by community-based serv- ice organizations that partner with probation Offender Mediation departments to offer assistance to crime victims. 4. Develop new strategies to ensure regular contact Victim-offender mediation, conferencing, or com- between probation offices and victims of sexual munity justice initiatives should never address the assault, dating and domestic violence, and stalking. issue of offender culpability for the crime(s) charged, particularly in cases of violence against ◆ Focus victim contact prior to arraignment on women. Victim-offender mediation or other prac- identifying risk and assessing whether that risk tices that are designed to give the offender insight can be managed by conditions on release or if into the full impact of criminal acts are also gener- the accused should be detained pending prose- ally not appropriate for use with batterers, sex cution. Ideally, conduct an initial victim inter- offenders, or stalkers, most of whom fully intend view prior to meeting with the offender. the impact of their actions. ◆ Focus victim contact in presentencing investiga- tions on identifying risk of future escalated vio- One of the effects of sexual assault, domestic vio- lence and safeguards to protect victims and the lence, and stalking is an extreme power imbalance community from recurring violence. Solicit vic- between the parties; many victims are intimidated tim input regarding sentencing. Explore issues into silence and highly fearful of retaliatory or re- related to incarceration versus probation, reha- curring violence from the perpetrator. The use of bilitation, specialized offender intervention, mediation or conferencing between the parties can monitoring, or community service, as well as be dangerous and highly debilitating to victims. victim losses and proposed restitution. Victim-offender mediation or conferencing should ◆ Focus postdisposition victim contact on assess- not be attempted in cases in which the offender has ing risk of further violence. Inform victims of controlled and terrorized the victim. Mediation or the sentence imposed and the conditions on pro- conferencing should never be compelled by the bation or parole, and advise victims about ways court or encouraged by probation. Guidelines for to participate in compliance enforcement. facilitated encounters with offenders should be determined by victims in consultation with community-based victim advocates and probation staff.

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For further discussion of mediation, see the nonviolent offenses.32 Limited appeal and postcon- “Alternative Dispute Resolution” section in Toolkit viction options with very tight deadlines have pre- chapter “Enhancing the Response of the Justice vented many women prisoners from challenging System: Civil Remedies.” their convictions. Very few alternative sentencing programs are available, including specific pro- grams for women with small children. Early Women Victims of Violence as release options, such as parole and clemency, have become more difficult for any prisoner to receive, Criminal Defendants including women victims of violence, and many of the latter are serving extremely long prison Many female offenders are victims of violence sentences. who have been arrested or convicted as a direct or 30 indirect result of the abuse they experienced. Outlined below are specific actions that criminal Those whose involvement in the criminal justice justice system practitioners, community advocates, system results directly from their victimization law enforcement agencies, state legislatures, and include women who kill or assault their abusers in state, federal, and private funders can take to end self-defense, women coerced into criminal activity violence against women. by their abusers, women charged with failing to protect their children from an abuser’s violence, and women charged with parental kidnaping in The Role of Defense Counsel their attempts to protect their children from 1. Provide women victims of violence who face criminal abusers. For these women, information about their charges or are in prison with access to quality legal histories and experiences of abuse may be directly representation. relevant to their defense. Other women might be ◆ charged with or convicted of a crime not directly Give all women victims charged with crimes, related to abuse, but the path that led them into including indigent defendants, access to compe- conflict with the law began with abuse. tent legal counsel. When needed, provide for access to expert witnesses on abuse and its An unintended consequence of some of the recent- effects. Experts may be required at the trial, on ly adopted domestic violence arrest policies has appeal, through state and federal postconviction been an increasing number of arrests of women processes, at parole, and during clemency stages victims. Some battered women are being arrested of the legal process. after acting in self-defense, when their abusers level false charges against them, or when police The Role of Community Advocates officers fail to adequately investigate the alleged 2. Develop programs and protocols to help identify criminal conduct and identify the primary or pre- women defendants whose abuse history is relevant to dominant aggressor. The arrest of both parties or their current criminal charges. the singular arrest of victims is increasing signifi- ◆ Implement protocols to identify, soon after cantly in some jurisdictions, particularly where arrest, women defendants who are victims of policy and protocol development and training have violence. Understand that women victim- been inadequate. defendants are often reluctant to discuss their Women’s prisons in this country are filled with victimization with defense counsel and may victims of violence. Studies indicate that the not understand the extent to which it is critical majority of women prisoners have experienced to their defense claims. As appropriate, help some form of abuse as an adult or child,31 and defense counsel explore the relevance of the that most female prisoners are incarcerated for abuse to legal claims.

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3. Train defense counsel to understand the significance ◆ Work closely with defense counsel to ensure of any violence experienced by women victim- that all protected communications between the defendants. advocate and the victim-defendant remain ◆ Develop the expertise needed to advocate effec- confidential. tively for victims of violence who are also 6. Work with other community organizations to estab- defendants, including providing services for lish bail funds for women victim-defendants. incarcerated women. ◆ Consider developing bail funds so that women ◆ Teach defense counsel about the possible dan- victim-defendants can be released on bail gers a victim-defendant faces during the trial pending their trials. Bail funds enable victim- process and help victims develop and implement defendants to have regular access to their attor- safety plans. neys; parent and nurture their children; remain ◆ Understand the potential long-term conse- connected to friends, family, and their faith quences of conviction for victim-defendants. community; pursue victim assistance and advo- Work with defense counsel to fully inform each cacy; and obtain or maintain employment. victim client about these consequences before 7. Broker civil legal assistance for women victim- the victim decides on a course of action, includ- defendants and incarcerated victims of violence. ing making a plea. ◆ Work with other organizations to provide com- 4. Provide an array of services for women victim- prehensive civil legal services to women victim- defendants and incarcerated women who have dis- defendants facing trial and incarcerated victims closed histories of sexual assault, dating or domestic of violence to address the myriad civil legal violence, or stalking. issues that may arise during the pendency of ◆ Seek funding to develop victim-centered, their trial and/or their imprisonment, including gender-specific, gender-relevant, and confiden- their need for civil legal counsel to help them tial services for women victims who are newly maintain relationships with and care for their jailed, facing trial, out on bail, or serving sen- children, obtain requisite health care, stop vio- tences, as well as women who have completed lence and harassment within the institution, their sentences and returned to their communities. acquire meaningful job training, pursue educa- ◆ Provide victim-defendants with advocacy and tion, or file for bankruptcy. support services even when their abuse history is not directly related to their defense claims. The Role of Criminal Justice System 5. Safeguard the confidentiality of communication with Practitioners women victim-defendants and incarcerated women. 8. Evaluate the experience of women defendants who ◆ Diligently protect the confidentiality of commu- are victims of crimes of violence when making recom- nication with counsel of all women victim- mendations or decisions. defendants and incarcerated women who are ◆ Consider the victim-defendants’ histories and victims of violence. experiences of abuse when making charging ◆ Understand the limits of the confidentiality that and sentencing determinations. Direct victim- can be offered to victim-defendants regarding defendants to services and intervention options their communication with advocates. The right that will help them achieve safety from of confidential communication may be detailed perpetrators. in a state statute or regulation or may be ◆ Help victim-defendants develop compliance claimed as a matter of public policy, contract, or strategies to enable them to adhere to the condi- professional ethics. The right may derive from tions of release or probation, free from the coer- working under the supervision of attorneys or cive controls and interference of perpetrators. other professionals with whom victims have privileged communication.

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The Role of Public and Private Funders The Role of Law Enforcement Agents

9. Provide criminal justice and advocacy personnel with 13. Review and evaluate arrest policies to determine education and training on responding to women vic- whether innocent victims of violence are being inappro- tims of violence who are defendants or prisoners. priately arrested. ◆ Increase the education and training available to ◆ Work with advocates to determine whether defense counsel, prosecutors, judges, officers of women victims of violence are being inappro- the court, correctional officials, victim advo- priately arrested and if they are, to identify the cates, and others who work with women victims underlying cause for this practice. charged with crimes and imprisoned women. ◆ Make the changes needed to reduce the inci- Justice system practitioners need quality educa- dence of inappropriate arrests. tion and training to understand violence, its impact on victims, and the relationship of a his- tory of abuse to the legal claims of victims. Interventions With Batterers ◆ Offer training to educate about the experiences As the criminal justice system’s response to of victims of abuse, the legal defense options domestic violence began to shift from the media- available to women victims who become defen- tion of “domestic disputes” to arrest and prosecu- dants, and the potential relevance of a victim’s tion of domestic violence, marital rape, and history of abuse to her defense claim. stalking, intervention strategies with batterers also The Role of State Legislators began to change. Battering had been viewed as a problem derived from individual pathology or lack 10. In state codes, create affirmative defenses for of impulse control and poor anger management. parental interference with the custody of a child, refus- Corresponding responses were based in couples ing to disclose the whereabouts of a child to an abu- counseling, “fixing relationships,” or building com- sive parent or partner, kidnaping of children based on munication skills. In recent years, the intervention previous violence inflicted against a partner or child, or community began to identify the problem under- other attempts to avert recurring violence. pinning battering as the societal belief in the right ◆ Recognize fleeing from a perpetrator of sexual of men to exercise power and control over intimate assault, domestic violence, or stalking as an partners through violence or other coercive tactics. affirmative defense to parental interference with With this change, batterer intervention programs the custody of a child, refusing to disclose the began to address the social context in which vio- whereabouts of a child to an abuser, or parental lence against women occurs. Practitioners asked kidnaping. Protection of a child or oneself the courts to combine safeguards for victims with should be an enumerated defense to criminal legal penalties for abusers who continued to use charges. violence, including requiring batterers to partici- pate in educational programs addressing power and 11. Provide courts with the requisite funding for control issues. As practice evolved, the courts and defense counsel and experts at all stages of the legal process. the community recognized that intensive, special- ized probation enhances the efficacy of legal sanc- 12. Develop and fund programs that provide transition- tions and intervention. al assistance, including job training, education, and other related support, for women released from prison Although many batterer intervention programs now because of clemency or expiration of their sentence. exist, efforts to establish effective programs may ◆ Work with community-based sexual assault and be hampered by differences of opinion about domestic violence programs on the design and which programs most successfully change offender implementation of such programs. behavior and enhance victim safety. There is dis- agreement about curriculum content, appropriate

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program duration, the most effective program ◆ Compliance notification. Share information with providers and settings, and the necessary victims, advocates, and the court about perpetra- qualifications and training of the people who tor compliance with program requirements. provide these interventions. Another barrier to ◆ Partner contact. Initiate contact between the effective programming in some jurisdictions is batterer intervention program and the victim to that some programs have been developed without provide the victim with information to base her involving community-based victim advocacy decisions on and pursue partner contact only to agencies and the court system. ensure victim safety. Avoid viewing victims as informants for the batterer intervention program. Criminal justice system practitioners and victim ◆ Monitoring. Require monitoring of the batterer advocates agree that intervention programs have intervention program by a community-based the potential to play an integral role in the continu- domestic violence program to ensure that vic- um of criminal justice system and community tims and their advocates have broad access to interventions to end domestic violence. They also information so that advocates can advise victims agree that batterer intervention programs, by them- about the impact that policies, procedures, and selves, will not protect women from further vio- practices will have on the lives of battered lence. These programs must operate as part of a women. Advocates can assist in formal and larger strategy within a community that uses grad- informal evaluations of whether the program is uated sanctions to change the perpetrator’s behav- promoting the safety and well-being of victims. ior and works with victim advocacy organizations, Develop an explicit agreement with the domes- community groups, law enforcement, and the tic violence program for monitoring, and pro- courts to create a climate of intolerance for vio- vide compensation to help underwrite the costs lence against women. of these monitoring activities. Outlined below are specific actions that batterer 3. Ensure that curriculums for batterer intervention pro- intervention programs (working collaboratively grams reflect an understanding of battering as a pat- with the courts and victim advocacy programs), tern of behavior used to gain power and control over law enforcement, and state and federal corrections an intimate partner. can take to end violence against women. ◆ Ensure that curriculums examine belief systems that underpin violent behavior in intimate rela- Enhancing Batterer Intervention Programs tionships, identify and define controlling behav- iors, develop perpetrator awareness of the 1. Build partnerships with courts and community- effects of violence on adult victims and child based advocacy programs and battered women to witnesses, and teach and practice alternatives to design, monitor, and evaluate programs. violent behavior.33

2. Adopt program guidelines that address victim safety 4. Develop curriculums that are culturally and lin- in the following ways. guistically appropriate for the diverse populations of batterers. ◆ Information. Give victims information about the ◆ program, including the content of the curricu- Ensure that curriculums for batterer intervention lum, the name of a contact person who can programs respond to the diversity of individuals answer victim questions, the limits of a pro- participating in the program. Address participant gram’s ability to ensure victim safety, the pro- diversity in class, race, age, disability, ethnicity, gram’s policy on victim confidentiality, the culture, language, sexual orientation, and reli- program’s duty to warn and protect victims gious and spiritual beliefs in the curriculum about the foreseeable violence of batterers, the design and implementation. range of community resources available to vic- ◆ Ensure that providers reflect the diversity of the tims, and the importance of victims developing community in which services are provided. a safety plan.

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5. Incorporate material related to the impact of so that batterers cannot take advantage of frag- domestic violence on children in program curriculums. mentation, institutional bias, and community ◆ Teach nonviolent parenting skills, address child misconceptions about the underlying motiva- abuse, and educate batterers about the physical, tions for domestic violence. Eliminate the abili- emotional, and developmental effects of expos- ty for perpetrators to avoid both formal and ing children to violence. informal community sanctions for their actions. ◆ Use participants’ hope for relationships with ◆ Judges and court administrators should give bat- their children and their desire for reconciliation terer intervention programs the authority to with children as reinforcements for some men to reject inappropriate referrals, including but not make behavioral changes.34 limited to perpetrators who fail to comply with program requirements, perpetrators who reof- 6. Collaborate with responsible fatherhood initiatives to create consistent curriculums related to fend, and perpetrators with chronic mental and parenting. illness or problems who need comple- mentary services. Develop effective alternative ◆ Recognize that there will be significant overlap responses for these individuals. Limit referrals between participants in batterer intervention to programs that participate in the coordinated programs and responsible fatherhood programs, efforts of the criminal justice system and victim and use both kinds of programs to provide con- advocacy programs. sistent messages about battering as a pattern of ◆ behavior used to gain power and control over an The criminal justice system should establish intimate partner and children. procedures to monitor the compliance of perpe- trators with all requirements of the batterer ◆ Collaborate with responsible fatherhood pro- intervention program. Regular feedback from grams to develop curriculums that encourage batterer intervention programs to probation and fathers to take financial and parental responsi- court personnel can pinpoint any slippage in the bility for their children and commit to nonvio- coordination of efforts to hold perpetrators lence in their relationships with their children accountable. To maximize the formal controls and their children’s mothers. available within the court system, develop ◆ Encourage responsible fatherhood programs to agreements with the judiciary and probation that consult domestic violence programs when include swift and compelling consequences for designing, implementing, and evaluating their program noncompliance, violation of protection services. orders, or new offenses. 7. Provide complementary substance abuse and men- 9. Avoid ordering victims of domestic violence to par- tal health assessment services when needed. ticipate in batterer intervention programs. ◆ Screen program participants for substance abuse ◆ Women defendants should be evaluated individ- and mental health issues. ually to determine an appropriate sentence or ◆ Provide appropriate referral or coordinated serv- service plan. If, after careful assessment, a ices when necessary. woman defendant is determined to be a 8. Implement batterer intervention programs within the batterer—one who uses violence and other context of a coordinated criminal justice system tactics of power and control—refer her to a response. women-only batterer intervention group. ◆ Implement coordinated community responses in ◆ Ensure that victims are not revictimized by a manner that clearly sets forth the role and being arrested inappropriately and required to responsibilities of batterer intervention programs attend batterer intervention programs, an unin- in the criminal justice system and the communi- tended consequence of pro-arrest policies and ty. Coordinate with the criminal justice system inadequate training of law enforcement personnel.

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10. Initiate specialized programming in state and fed- programs must employ facilitators who are special- eral correctional facilities for men who batter. ly trained in family and . ◆ Implement programming within correctional facilities that addresses male violence against Curriculums should be developmentally appropri- women. Correctional facilities and programs ate and address sexual and physical assault, stalk- should use the time perpetrators spend under ing, coercive controls, reproductive health issues, correctional supervision to make such program- and same-sex relationship issues. Youth who use ming available and effective. violence against family members will require addi- tional intervention regarding responses to parental ◆ Build stronger links among correctional facili- authority and modeling appropriate behavior for ties, community-based batterer intervention pro- . For many youth, a supplemental school grams, sex offender treatment programs, and plan or program should be introduced to reinforce victim advocates to develop effective curricu- the batterer intervention curriculum. lums that promote victim safety. ◆ Provide correctional staff with training on inter- Evaluate Current Methods of Batterer ventions with juvenile and adult men who bat- Intervention ter, commit sexual offenses, and stalk women and to help staff screen and identify Research is needed to address controversies in the offenders for specialized batterer programming. implementation of batterer intervention programs ◆ Build links between in-house batterer services and to identify promising developments in the and community services to support continuity of field. The following areas of inquiry are recom- intervention, perpetrator accountability, and vic- mended for continued research and analysis: tim safety after the batterer is discharged from ◆ incarceration. Examine coordinated community responses to determine which programs and sanctions most Other Trends and Issues effectively maximize victim safety and sustain offender accountability. Specialized Intervention for Juvenile Perpetrators ◆ Compare the efficacy of different intervention of Dating and Domestic Violence models on different types of offenders. ◆ Much like adults, some young men use violence to Identify culturally competent approaches that gain power and control in both dating and family respond to the needs of diverse communities. relationships. By developing programs that work ◆ Explore complementary programs for assessing specifically with juveniles who batter, it may be and treating drug and alcohol addictions among possible to prevent the continued use of violence perpetrators. as juveniles enter adulthood. Crimes of violence ◆ Develop methods to more effectively assess a against women perpetrated by juveniles require perpetrator’s level of dangerousness. immediate attention, intensive intervention, and the ◆ Evaluate the impact of state standards for batter- coordinated services of batterer intervention pro- er intervention programs that promote victim grams, domestic violence victim advocacy agen- safety and improve monitoring of perpetrators. cies, and the juvenile justice system. ◆ Evaluate the impact of parenting curriculums Most batterer intervention programs do not have included in batterer intervention programs on specialized curriculums and program policies that the perpetrators’ parenting behavior and rela- address the needs of juveniles who batter. tionships with their children. Specialized responses to these juveniles should ◆ Research the effectiveness of current interven- include policies that make victim protection and tion strategies for juvenile perpetrators of dating access to services the highest priority. Juvenile and domestic violence.

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Interventions With Sex absence of community education, notification laws may give communities a false sense of security. In Offenders some tribal communities, the false sense of securi- ty associated with community notification is poten- Sexual assault and sexual abuse of women and tially even more harmful because the law requires children persist as sources of constant fear in too only Indian sex offenders to register; non-Indian many communities. The true extent of sexual vio- offenders who live on tribal lands are exempt from lence remains hidden because these crimes are registration requirements. Furthermore, programs perpetrated most commonly within the context of that provide information about individual offenders relationships—by family members, friends, or may provoke revenge-motivated violence against acquaintances of the victim or her caretaker. those offenders. Preventing these crimes requires many different strategies, but one critical component of any pre- Models emerging in communities around the coun- vention effort must be intervention with those who try suggest that jurisdictions can effectively man- have already been identified as sex offenders. age the danger posed by sex offenders and provide victims with a sense of safety and justice if they When framed by a central concern for victim and receive sufficient financial and other support. community safety, investing resources to supervise Where these promising practices are being imple- and manage sex offenders is an investment in sexu- mented, significant changes in philosophy are tak- al assault prevention. Research shows that sex ing place: providers of sex offender treatment and 35 offenders have a propensity to reoffend, so it is community supervision are working together and essential that the dangers posed by this offender viewing the victim and the community, not the population be matched by interventions that offender, as their primary “client”; advocates for employ a strategic, multidisciplinary model of survivors of sexual assault are concerning them- offender management. To be most effective, selves with supervision options available to sex carefully devised and strategically implemented offenders; and judges and prosecutors are consult- interventions must begin while the offender is ing with and listening to advocates, survivors, and incarcerated. providers when devising appropriate conditions of sentencing. Community concerns about sexual assault and sex offenders can be mobilized to build support for Implementing sex offender supervision and man- programs that combine meaningful controls on agement programs that are truly concerned with offender behavior with a central concern for victim victim and community safety requires significant safety and justice. Laws that require sex offender work. It involves initiating and maintaining com- registration (often known collectively as “Megan’s munication among disciplines that historically have Law”) and community notification of the presence not worked collaboratively, consulting current of known sex offenders may offer some benefits, research, and educating the community. but they should not be viewed as offering much community safety by themselves. They are only Outlined below are specific actions that the courts, one component of a comprehensive plan to prevent criminal and civil justice professionals, probation reoffending by sex offenders. The popularity of and parole agencies, departments of correction, sex these laws reflects the public’s and policymakers’ offender management providers, public funders, mistaken belief that most sexual assaults are sexual assault victim advocates, and federal, tribal, committed by strangers. and state legislators can take to end violence against women. When implemented without strong offender supervision and intervention programs, and in the

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A Comprehensive Approach to Managing ◆ Conduct community education programs using a Sex Offenders multidisciplinary group led by the community- based sexual assault program. This group should 1. Support the implementation of sex offender supervi- include sex offender management providers, sion strategies that are multidisciplinary and place the probation and parole officers, and law enforce- safety of the victim and the community at the center of ment officers. their design. ◆ Ensure that community sexual assault education ◆ Implement policies that proactively support programs convey current information about the participation of the courts, the corrections sys- prevalence and nature of sexual assault, remind tem, victim advocates, and law enforcement in audiences that a small percentage of sex offend- collaborative, multidisciplinary efforts. ers are caught for their crimes, and provide ◆ Invest the resources needed to develop effective guidelines for risk reduction. supervision strategies that center on victim and ◆ Ensure that information provided under notifica- community safety needs, increase the formal tion laws is accurate, accessible, timely, free, and informal controls on the sex offender, and and comprehensive. emphasize offender accountability throughout 3. Make intervention efforts with juvenile sex offenders intervention. a priority. ◆ Employ a comprehensive approach to managing ◆ Invest in early intervention with sexual offend- sex offenders. Use a broad set of strategies in- ers, particularly with juvenile sexual offenders, cluding, but not limited to, supervision, work as an important component of efforts to de- with employers and families, notification, and crease the possibility of multiple offenses registration. over time. ◆ Designate resources for the necessary participa- ◆ Educate relevant professionals to promote early tion, cross-training, and collaboration among intervention in response to violent behaviors. probation and parole agencies, victim advocacy ◆ organizations, sex offender management pro- Design offender management programs in col- grams, and other criminal and civil justice laboration with advocates for victims of sexual professionals. violence. Evaluate all methodologies for their impact on the safety and well-being of victims ◆ Institute collaborative efforts between law and the community. enforcement, the courts, and professional licens- ing agencies to exchange offender information Improve Supervision of Sex Offenders in while maintaining victim privacy and confiden- the Community tiality. Enhance the revocation of licenses and certifications of professionals who are convicted 4. Establish specialized supervision for sex offenders. of crimes of sexual violence or exploitation. ◆ Recruit and hire experienced supervision staff ◆ Consider providing victims with the services who are committed to working with sex offend- of “witness-protection programs” when their ers, and designate staff to supervise sex offend- safety or well-being requires confidential, pro- ers. Provide the training and resources necessary tected, emergency housing. Protection should be to enhance their ability to provide intensive available during criminal legal processes and supervision of sex offenders. Limit caseloads so beyond—for as long as necessary to ensure that agents can spend a significant portion of victim safety. their time in the field. 2. Implement sex offender registration and community ◆ Develop sex offender-specific policies and pro- notification laws in conjunction with community educa- tocols for each collaborating agency, including tion programs about sexual assault. conditions tailored to monitoring and placing limits on an offender’s activities. Involve

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advocates and sexual assault survivors in the ◆ Contract with or refer clients only to providers development and evaluation of sex offender who demonstrate a knowledge of sex offenders management programs. that is informed by current research and promis- ◆ Design, implement, and monitor community- ing practices, who agree to the primacy of vic- based sex offender programs in consultation tim and community safety, who are willing to with victim advocates and agencies. Require work collaboratively with other agencies and these programs to work with local advocates individuals, and who share responsibility for and programs for victims of sexual violence. supervising sex offenders. ◆ Require offenders released from correctional ◆ Establish state-level minimum standards, facilities or placed on probation to participate developed by a multidisciplinary group, for in community-based sex offender programs. all sex offender management programs. ◆ Recognize the potential for sex offenders to ◆ Develop state-level partnerships with provider assault adults as well as children, and restrict networks and other professional associations offenders’ access to women and children. (e.g., state chapters of the American Psycholog- ical Association) to expand the pool of qualified Provide Comprehensive Sex Offender providers. Intervention Programs Develop Policies That Promote a Com- 5. Make providing high-quality sex offender interven- prehensive Response to Sex Offenders tion programs within correctional institutions a priority. 7. Review all existing laws affecting sex offenders to ◆ Develop corrections-based programs in consul- ensure they are consistent with current research in the tation with victim advocates and providers who field. specialize in managing sex offenders. ◆ Consult with knowledgeable corrections offi- ◆ Focus on the offender taking responsibility cials, sex offender management providers, re- for his behavior. Offenders must understand, searchers, diverse sexual assault survivors, and acknowledge, and stop their violent behavior. victim advocates to create laws that most effec- ◆ Hire providers whose practices and approaches tively promote community safety and justice are guided by current research, who conform to for victims and the community and offender state guidelines or certification procedures accountability. where available, and who adhere to high ethical standards in providing inmate treatment. ◆ Reflect costs of intervention programs in institu- The Defense Bar and Violence tional budgets. Provide sufficient resources for Against Women well-trained staff, community monitoring by advocacy and probation services, and Victims of violence against women come into con- evaluation. tact with the defense bar both when counsel is ◆ Safeguard the privacy of those who seek sex defending abusers and when counsel is defending offender treatment to encourage participation. victims who have been charged with crimes. In each instance, the defense attorney has a profes- ◆ Develop relationships with victim advocates, sional and ethical obligation to vigorously defend community-based parole or corrections agen- his or her client. cies, service providers, and courts to ensure that offenders receive a continuum of intervention The relationship between the defense bar and from institution to community. victim advocates has historically been adversarial. 6. Ensure that sex offender management program staff Advocates working with victimized women are well supervised and trained to work with sex charged with crimes have often criticized the rep- offenders. Ensure that they conform to the highest resentation these women receive in criminal trials. ethical standards with regard to safety issues.

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Many victim advocates also have watched defense were coerced into crime by the perpetrators. attorneys defending clients accused of crimes of Batterers sometimes set up victims to take violence against women using strategies that blame responsibility for crimes the batterers have com- the victim, exploit gender bias, and compromise mitted and threaten retaliation if the victims victim safety. Conversely, defense counsel often reveal abuser culpability. Battered women describe victim advocates as indifferent to the due defendants may not volunteer this information process rights of defendants and as volunteer in their defense. investigators for the prosecution. ◆ Provide clients who disclose a history of abuse with appropriate referrals and resources. For Despite this historical adversity, battered women’s some clients, a message from their attorney, advocates are forging working relationships with coupled with good resources and referrals, will members of the defense bar at the local, state, and make a difference in their understanding of their federal levels. Many of these relationships have options, including seeking civil protection or- developed because of the increased prosecution ders and other legal options, developing more of women victims of crime in the past 10 years. effective safety plans, and securing advocacy Among other crimes, women have been charged and support services. with crimes of violence against their perpetrators, with crimes committed while escaping from 2. Refer clients charged with or disclosing crimes of violence against women to appropriate community assailants, or with crimes coerced by batterers. resources. Both victim advocates and defense counsel have begun to realize that they could better assist ◆ Recognize that the likelihood that a client who battered women defendants if they worked commits violence against women or children more collaboratively. will reoffend without intervention is extremely high. Prepare to discuss with clients why acts of Outlined below are specific actions that members violence against women are inappropriate and of the defense bar, victim advocates, and related unequivocally wrong. professionals can take to end violence against ◆ Provide clients with appropriate referrals and women. resources. For some clients, a message from their attorney, coupled with good resources and The Role of the Defense Bar referrals, will make a difference in their future choices, including the use of violence, coercion, 1. Carefully screen women defendants for domestic or stalking and seeking intervention services. violence to build an appropriate defense and provide appropriate referrals. The Role of Victim Advocates ◆ Understand that many victims of domestic vio- 3. Reaffirm a commitment to advocate for and on lence will not discuss with counsel the abuse behalf of all battered women, regardless of their crimi- they have experienced unless the crime charged nal legal status. implicates domestic assault. Most batterer- ◆ Ensure that close relationships between victim defendants blame victims for their violence. In advocates and prosecutors do not put battered contrast, many victim-defendants will not blame women defendants or battered women who their abusive partners, preferring to plead to might be facing criminal charges at risk. It is avoid confrontation with the perpetrator at trial. unethical for domestic violence victim advo- ◆ Explore the relationship between victim- cates at community-based organizations to defendants’ experiences of abuse and the crimes decline advocacy services to battered women with which they have been charged. Battered charged with crimes because of their legal women victims may be charged with a variety status. of crimes as a result of attempting to escape or separate from their perpetrators or because they

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4. Consider the rights of defendants and the due Resources process implications of any action contemplated. ◆ Evaluate programs, protocols, and legislation to American Probation and Parole Association determine their impact on the rights of defen- 2760 Research Park Drive dants or due process. Avoid taking any position P. O. Box 11910 that compromises these rights. Routinely evalu- Lexington, KY 40578–1910 ate whether any program or protocol might be Phone: 859–244–8203 used against a woman victim of violence who Fax: 859–244–8001 becomes a defendant in a criminal case. Web site: www.appa-net.org Emerging Issues The American Probation and Parole Association (APPA) is the voice for probation and parole prac- Defense Bar Participation in Coordinated titioners, educators, and concerned citizens. The Community Responses and Fatality Review Teams Web site provides information on training and technical assistance opportunities, publications Given the adversarial nature of the criminal legal and resources, grants and special projects, and system, many members of already established an “Information Clearinghouse” that provides coordinated community response teams are not users with APPA staff contacts for each of eager to involve the defense bar in their process. several dozen topics. Defenders are very involved in dealing with vio- lence against women, however, by representing Battered Women’s Justice Project—Criminal both clients who commit the violence and victims 4032 Chicago Avenue South who are arrested. Each community must ascertain Minneapolis, MN 55407 the goals of the coordinated community response Phone: 1–800–903–0111, ext. 1 team and seriously consider inviting members of Fax: 612–824–8965 the defense bar to participate. The Battered Women’s Justice Project’s (BWJP’s) mission is to promote systemic change within In particular, defense counsel may have some very community organizations and governmental agen- important insights to contribute to fatality review cies engaged in the civil and criminal justice teams. When appropriate, they should be included response to domestic violence that creates true as members of such teams. Unquestionably, the institutional accountability to the goal of ensuring timing of the reviews will make a difference in safety for battered women and their families. To terms of participation by prosecution and defense. this end, BWJP undertakes projects on the local, state, national, and international levels. For related recommendations, see Toolkit chapter “Strengthening Community-Based Services and Center for Sex Offender Management Advocacy for Victims.” 8403 Colesville Road, Suite 720 Spring, MD 20910 Phone: 301–589–9383 Fax: 301–589–3505 Web site: www.csom.org The Center for Sex Offender Management works to enhance public safety by improving the manage- ment of adult and juvenile sex offenders who are in the community. Center efforts facilitate informa- tion exchange in the field, training and technical assistance for probation and parole agencies and officers, and a grant program to help state and

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local jurisdictions establish or enhance their strate- on training opportunities, conferences, awards, gies to manage sex offenders under community and campaigns, as well as links to Police Chief supervision. Magazine and other publications, information on international activities and outreach, and legislative Family Violence Department and policy updates. National Council of Juvenile and Family Court Judges University of Nevada Judicial Education Project P. O. Box 8970 Family Violence Prevention Fund Reno, NV 89507 383 Rhode Island Street, Suite 304 Phone: 1–800–52–PEACE San Francisco, CA 94103–5133 Fax: 775–784–6160 Phone: 415–252–8900 Web site: www.nationalcouncilfvd.org Fax: 415–252–8991 Web site: www.fvpf.org/programs/justice The National Council of Juvenile and Family Court Judges’Family Violence Department The Family Violence Prevention Fund (FVPF) addresses court responses to family violence and works to end domestic violence and help women offers resources including publications, national and children whose lives are affected by abuse. conferences, trainings, and technical assistance to The FVPF Judicial Education Project provides practitioners in social services and the justice materials for educational programs that give justice system. system personnel a foundation for assessing domestic violence cases. Training includes domes- Institute for Law and Justice tic violence information as it applies to criminal, 1018 Duke Street civil, custody, and visitation cases. Alexandria, VA 22314 Phone: 703–684–5300 Mending the Sacred Hoop Fax: 703–739–5533 STOP Violence Against Indian Women Technical Web site: www.ilj.org Assistance Project The Institute for Law and Justice (ILJ) is a 202 East Superior Street nonprofit organization that provides consulting, Duluth, MN 55802 Phone: 218–722–2781 or 1–888–305–1650 research, and evaluation services to criminal jus- Fax: 218–722–5775 tice practitioners. ILJ also provides management Web site: www.msh-ta.org and strategic planning training on a range of topics including community policing, corrections, courts Mending the Sacred Hoop (MSH) is a Native and prosecution, advanced technology, economic American Women’s organization that helps tribal studies, emergency response, and related public governments and agencies improve their response safety issues. to Native American victims of violence against women by crafting strategies at local levels that International Association of Chiefs of Police reflect available resources and cultural perspec- 515 North Washington Street tives. MSH publishes a newsletter, provides assis- Alexandria, VA 22314 tance and advocacy, coordinates public education Phone: 703–836–6767 or 1–800–THE–IACP events and conferences, and hosts an online discus- Fax: 703–836–4543 sion forum. Web site: www.theiacp.org The International Association of Chiefs of Police National Association of Criminal Defense Lawyers (IACP) fosters cooperation and the exchange of 1025 Connecticut Avenue NW., Suite 901 information and experience among police adminis- Washington, DC 20036 Phone: 202–872–8600 trators throughout the world and advocates high Fax: 202–872–8690 professional standards of police performance and Web site: www.criminaljustice.org conduct. The IACP Web site provides information

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The National Association of Criminal Defense well as rural communities. NDAA provides gov- Lawyers (NACDL) is a professional bar associa- ernment advocacy and a forum for prosecutors to tion that works to ensure justice and due process share their knowledge, skills, and influence. Re- for persons accused of crime or other misconduct. sources include centralized training facilities (at Web site resources include updates on criminal jus- the National Advocacy Center complex), confer- tice news and legislation, information on programs ences, and publications. and projects in the field, descriptions of NACDL publications and upcoming events, and links to National Judicial Education Program online legal research. NOW Legal Defense and Education Fund 395 Hudson Street, Fifth Floor National Center for State Courts Research Division New York, NY l0014 300 Newport Avenue Phone: 212–925–6635 Williamsburg, VA 23185 Fax: 212–226–1066 Phone: 757–253–2000 or 1–800–877–1233 E-mail: [email protected] Fax: 757–220–0449 Web site: www.nowldef.org/html/njep/index.htm Web site: www.ncsc.dni.us/RESEARCH/index.html The NOW Legal Defense and Education Fund The National Center for State Courts (NCSC) pursues equality for women and girls in the works to improve the administration of justice in workplace, the schools, the family, and the the United States and abroad through research, courts—through litigation, education, and public education, consulting, and information services. information programs. The National Judicial The NCSC Research Division identifies trends, Education Program to Promote Equality for shapes future developments, and fosters adaptation Women and Men in the Courts (NJEP) works to to change. The Research Division Web page pro- create a fair and equitable judicial system through vides information about current and recently fund- judicial and legal education. NJEP offers model ed projects and Research Division publications. judicial education curriculums that cover such top- ics as gender fairness, sexual violence, child cus- National Clearinghouse for the Defense of Battered tody and sexual abuse, and racial bias. Women 125 South Ninth Street, Suite 302 National Jury Project/Midwest Philadelphia, PA 19107 322 First Avenue North, Suite 500 Phone: 1–800–903–0111, ext. 3, or 215–351–0010 Minneapolis, MN 55401 Fax: 215–351–0779 Phone: 612–338–2244 Fax: 612–338–2607 The National Clearinghouse for the Defense of E-mail: [email protected] Battered Women provides technical assistance, Web site: www.njp.com support, resources, networking, and training to help battered women who are forced to defend The National Jury Project (NJP) is a trial consult- themselves when faced with life-threatening vio- ing agency that uses social science techniques to lence from their abusers. help attorneys develop effective strategies for trial preparation, case presentation, and jury selection. National District Attorneys Association NJP services include case analysis, focus group 99 Canal Center Plaza, Suite 510 and trial simulations, community attitude surveys, Alexandria, Virginia 22314 witness assessment and preparation, courtroom Phone: 703–549–9222 visuals, and posttrial juror interviews. Fax: 703–836–3195 Web site: www.ndaa.org The National District Attorneys Association (NDAA) promotes the interests of prosecutors across the Nation, in major metropolitan areas as

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National Legal Aid and Defender Association includes a calendar of training sessions throughout 1625 K Street NW., Eighth Floor the United States. Washington, DC 20006 Phone: 202–452–0620 National Training Project Fax: 202–872–1031 Minnesota Program Development Web site: www.nlada.org 202 East Superior Street The National Legal Aid and Defender Association Duluth, MN 55802 Phone: 218–722–3942 (NLADA) advocates equal access to justice for all Fax: 218–722–5775 Americans, with emphasis on delivery of legal Web site: www.duluth-model.org/ntpmain.htm assistance to the poor (including civil legal servic- es and indigent defense services). NLADA pro- The National Training Project helps communities vides legislative advocacy, public education, develop and implement policies to protect victims workshops and training events, and publications of domestic abuse and offer rehabilitation opportu- including a quarterly newsletter, research and eval- nities for offenders. The project offers seminars, uation reports, training materials, management and trainings, workshops, and resource materials for administration resources. staff of domestic violence and community agencies. National Sexual Violence Resource Center 123 North Enola Drive PRAXIS International Enola, PA 17025 202 East Superior Street, Suite 100 Phone: 1–877–739–3895 or 717–909–0710 Duluth, MN 55802 Fax: 717–909–0714 Phone: 218–722–4820 E-mail: [email protected] Fax: 218–722–1053 Web site: www.nsvrc.org E-mail: [email protected] Web site: www.praxisinternational.org The National Sexual Violence Resource Center (NSVRC) is a clearinghouse for resources and Praxis is a nonprofit research and training organi- research about all forms of sexual violence. zation that works to end violence against women NSVRC works with its partner agency, the and promotes autonomy, integrity, and safety for University of Pennsylvania, to provide new poli- women and their children. Praxis analyzes criminal cies for establishing sexual violence intervention justice and human service agency responses to and prevention programs. abused women, provides technical assistance to programs receiving rural grants from VAWO, and National Training Center on Domestic and Sexual promotes social change through community Violence organizing. 2300 Pasadena Drive Austin, TX 78757 Sacred Circle Phone: 512–407–9020 National Resource Center to End Violence Against Fax: 512–407–9022 Native Women Web site: www.ntcdsv.org 722 St. Joseph Street Rapid City, SD 57701 The National Training Center on Domestic and Phone: 605–341–2050 or 1–877–733–7623 Sexual Violence provides consultation and training Fax: 605–341–2472 (including national and regional conferences), helps government decisionmakers develop and Sacred Circle promotes the sovereignty and safety evaluate policies and programs, and promotes col- of women and works to change individual and laboration among government agency staff, victim institutional beliefs that oppress Native women. advocates and service providers, university researchers, and related professionals in working to end domestic and sexual violence. The Web site

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Stalking Resource Center women. The unit provides comprehensive and spe- National Center for Victims of Crime cialized training, research and technical assistance, 2000 M Street NW., Suite 480 and resource materials on domestic violence, stalk- Washington, DC 22036 ing, cyberstalking, and sexual assault. Phone: 202–467–8700 or 1–800–FYI–CALL Fax: 202–467–8701 Web site: www.ncvc.org Endnotes The National Center for Victims of Crime’s mis- sion is to help victims of crime and their families 1. Herrington, L.H., Bobo, G., Carrington, F., rebuild their lives. The Stalking Resource Center Damos, J.P., Dolan, D.L., Eikenberry, K.O., Miller, provides resources, training, and technical assis- R.J., Robertson, P., and Samenow, S.E. (1982). tance to criminal justice professionals and victim President’s Task Force on Victims of Crime: Final service providers to support locally coordinated, Report. Washington, DC: U.S. Government multidisciplinary antistalking approaches and Printing Office. NCJ 87299 responses. 2. Hart, W.L., Ashcroft, J., Burgess, A., Flanagan, Vera Institute of Justice N., Meese, U., Milton, C., Narramore, C., Ortega, 233 Broadway, 12th Floor C.R., and Seward, F. (1984). Attorney General’s New York, NY 10279 Task Force on Family Violence: Final Report. Phone: 212–334–1300 Washington, DC: U.S. Department of Justice. NCJ Fax: 212-941-9407 94777 Web site: www.vera.org The Vera Institute of Justice works with govern- 3. President’s Task Force on Victims of Crime ment agencies to design and implement programs (1986). Four Years Later: A Report on the that encourage just practices in public services and President’s Task Force on Victims of Crime. improve the quality of urban life. Projects in Washington, DC: U.S. Department of Justice. NCJ progress address issues such as police accountabil- 102834 ity, crime and victimization, youth and violence, sentencing and corrections, and the judicial 4. Sherman, L.W., and Berk, R.A. (1984). “The process. The Web site includes information on cur- Specific Deterrent Effects of Arrest for Domestic rent work, research, and planning; a catalog of Assault.” American Sociological Review 49(2): pp. publications; and links to related criminal justice 261–272. agencies and organizations. Weisz, A. (1996). Spouse Assault Replication Violence Against Women Unit Program: Studies of Effects of Arrest on Domestic American Prosecutors Research Institute Violence. Harrisburg, PA: VAWnet and Penn- 99 Canal Center Plaza, Suite 510 sylvania Coalition Against Domestic Violence. Alexandria, VA 22314 www.vaw.umn.edu/Vawnet/arrest.htm Phone: 703–549–4253 Fax: 703–549–6259 The Minneapolis arrest study was replicated in Web site: www.ndaa.org/apri/Vawa/Index.html several other cities (Atlanta, Georgia; Charlotte, North Carolina; Colorado Springs, Colorado; The American Prosecutors Research Institute pro- Metro-Dade, Florida; Milwaukee, Wisconsin; and vides resources including research, program devel- Omaha, Nebraska), and the results of these studies opment, and an information clearinghouse to suggest that arrest is uneven in terms of deterrence prosecutors at all levels of government. Its and that demographic factors, criminal history, and Violence Against Women Unit is a national the coordination of the criminal justice response resource for prosecutors and other criminal justice after arrest all have an impact on the deterrent professionals working to stop violence against

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effect for domestic assault. However, no police of Juvenile and Family Court Judges, Family intervention has consistently been shown to be Violence Department. more effective than arrest. 7. John Jay College of Criminal Justice (2000). 5. Weinstein v. City of Santa Fe, 121 N.M. 646, “Equal Opportunity? More Women Arrested for 650, 916 P.2d 1313, 1317 (1996) (sexual assault). DV—But Why?” Law Enforcement News (January 15/31) 26(525/526): p. 3. www.lib.jjay.cuny.edu/ Sorichetti v. New York, 65 N.Y.2d 461, 482 N.E.2d len/2000/01.15 70, 492 N.Y.S.2d 591 (1985). Piro, J. (1997). New York Commission on Domestic Thurman v. City of Torrington, 595 F. Supp. 1521 Violence Fatalities: Report to the Governor. Albany, (1984). NY: State Commission on Domestic Violence. The report notes an increase in female arrests and rec- Bruno v. Codd, 90 Misc. 2d 1047, 396 N.Y.S.2d ommends primary aggressor amendment. 974 (Sup. Ct. 1977); see also 47 N.Y.2d 582, 419 N.Y.S.2d 901 (1979) (dismissing causes of action 8. The Dover, New Hampshire, police department against Family Court and Probation Department). has almost completed a law enforcement protocol Settled. Description of the settlement decree can be on stalking. It will be posted on the City of Dover found in Lemon, N.K.D. (2001). Domestic Web site (www.ci.dover.nh.us/police/ Violence Law. St. Paul, MN: West Wadsworth, anti_stalking.htm) on completion. The National pp. 521–522. Center for Victims of Crime is crafting a model police protocol on stalking to be implemented in Scott v. Hart, No. C–76–2395 (N.D. Ca., filed Philadelphia, Pennsylvania: Creating an Effective 10/28/76). Settled. Description of the settlement Stalking Policy (forthcoming). decree can be found in Lemon, N.K.D. (2001). Domestic Violence Law. St. Paul, MN: West 9. The Polaroid Corporation initiative related to Wadsworth, pp. 520–521. violence against women has brought documenta- tion through pictures within reach of many police Ver Steegh, N. (1990). “Seven Steps To Minimize agencies within the past 10 years. the Risk of Liability for Law Enforcement Agencies.” In B.J. Hart, J. Stuehling, M. Reese, 10. The FBI’s National Incident-Based Reporting and E. Stubbing, Confronting Domestic Violence: System was designed almost 15 years ago to pro- Effective Police Response. Harrisburg, PA: vide criminal incident data well beyond that con- Pennsylvania Coalition Against Domestic tained in the Uniform Crime Reporting System Violence. (which neither records relationships between offenders and victims nor enumerates all criminal Carrington, F. (1989). “Avoiding Liability for acts of men who use violence against women, Police Failure To Protect.” The Police Chief including multiple criminal acts during a singular (September) 56(9): pp. 22–24. incident).

6. See also National Council of Juvenile and 11. See International Association of Chiefs of Family Court Judges (1994). Model Code on Police (1999). Model Policy on Police Officer Domestic and Family Violence. Reno, NV: Domestic Violence and Concepts and Issues Paper. National Council of Juvenile and Family Court Alexandria, VA: International Association of Judges, Family Violence Department. Section 205. Chiefs of Police.

National Council of Juvenile and Family Court 12. Los Angeles City Attorney’s Office, California Judges (2000). Family Violence: Legislative Alliance Against Domestic Violence, and Los Update. Volume 5. Reno, NV: National Council Angeles Police Department (1999). Primary

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Aggressor: Domestic Violence Training Project. ◆ N.J. Stat. Ann. § 2C:25-20 (requires the Los Angeles, CA: Los Angeles City Attorney’s Administrative Office of the Courts to ensure Office, California Alliance Against Domestic that judges and judicial personnel attend an ini- Violence, and Los Angeles Police Department. tial training within 90 days of appointment or transfer and annual inservice training). 13. Most of the men who are stalked are stalked by ◆ Okla. Stat. tit. 10, § 1211 (requires all judges other men. having juvenile or domestic docket responsibili- ty to attend training relating to domestic abuse 14. Tjaden, P., and Thoennes, N. (1998). Stalking issues; requires the Administrative Office of the in America: Findings From the National Violence Courts to monitor attendance at such training). Against Women Survey (National Institute of ◆ Justice Research in Brief). Washington, DC: U.S. Tenn. Code Ann. §§ 38-12-102, -107, -109 Department of Justice and Centers for Disease (requires development of domestic violence Control and Prevention. NCJ 169592 training course and curriculum; requires all state and local court administrators, court clerks, and 15. See curriculums and other materials developed judges to adopt policies regarding domestic vio- by the Family Violence Prevention Fund, the lence and provide initial and continuing educa- National Association of Women Judges, the tion; requires the Administrative Office of the National Center for State Courts, the National Courts to establish and provide continuing edu- Council of Juvenile and Family Court Judges, the cation on domestic violence to all judges and NOW Legal Defense and Education Fund, the court personnel). STOP Violence Against Women Grants Technical ◆ Tex. Gov’t Code Ann. §§ 22.011, .110 (requires Assistance Project, the VERA Institute, and the the Supreme Court to provide judicial training; Women Judges Fund for Justice. requires rules to be adopted to require each dis- trict judge and each judge of a statutory county 16. Related codes and rules: court to complete 8 hours of training within the judge’s first term and provide a method of certi- Domestic Violence fication of completion). ◆ ◆ Alaska Stat. § 18.66.310 (requires the adminis- W. Va. Code § 48-2A-13 (allows all judges and trative director for the Alaska Court System to requires family law masters to receive a mini- provide domestic violence training to judicial mum of 3 hours of training by 10/1/93 and 3 officers and court clerks). hours per year each year thereafter on family violence issues). ◆ Cal. Gov’t Code § 68555 (requires the Judicial Council to establish judicial training programs). Sexual Violence ◆ Fla. Stat. Ann. § 25.385 (requires the Florida ◆ In California, New Jersey, and Texas, judicial Court Educational Council to establish stan- education on sexual violence is mandatory. dards for instruction of circuit and county court judges who have responsibility for domestic 17. Family Violence Prevention Fund and National violence cases). Council of Juvenile and Family Court Judges ◆ Ky. Rev. Stat. Ann. § 21A.170 (requires the (1999). “Access to Justice.” In Enhancing Judicial Supreme Court to provide, at least once every 2 Skills in Domestic Violence Cases. San Francisco, years, inservice training programs for circuit CA, and Reno, NV: National Judicial Institute on judges, district judges, and domestic relations Domestic Violence. and trial commissioners). Administrative Order, Supreme Court of West ◆ Minn. Stat. Ann. § 480.30 (requires the supreme Virginia. March 16, 1999. court’s judicial education program to include ongoing training for district court judges).

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California Judges Association (1997). Committee 24. The 1999 legislative sessions produced codes on Judicial Ethics. Opinion No. 46. July, 1997. that require or authorize courts to consider vio- lence against women in release decisions. Source: Edwards, L. (1992). “Reducing Family Violence: National Council of Juvenile and Family Court The Role of the Family Violence Council.” Juvenile Judges (2000). Family Violence: Legislative and Family Court Journal 43(3): pp. 1–18. Update. Reno, NV: National Council of Juvenile and Family Court Judges. See also Gray, C. (1997). A Judicial Survival Guide to Balancing Social Commitments With the 25. Tjaden, P., and Thoennes, N. (1998). Code of Judicial Ethics. Washington, DC: Prevalence, Incidence, and Consequences of American Bar Association. Violence Against Women: Findings From the National Violence Against Women Survey (National American Bar Association (2000 Edition). ABA Institute of Justice Research in Brief). Washington, Model Code of Judicial Conduct. Washington, DC: DC and Atlanta, GA: National Institute of Justice American Bar Association. and Centers for Disease Control and Prevention. NCJ 172837 18. Griffith, C.L., and Tucker, M.S. (1997). “A Cry for Help: The Need for a Judicial Response to the 26. American Prosecutors Research Institute and Threat of Domestic Violence.” The Judges’ Journal National Council of Juvenile and Family Court (Spring) 36(2): pp. 22–26. Judges (1998). Confronting Violence Against Women: A Community Action Approach. 19. In Michigan and Oregon, statutes direct that Alexandria, VA: American Prosecutors Research conditions of bail must be entered into the state’s Institute. law enforcement information network. Pence, E., and Lizdas, K. (1998). The Duluth 20. See section on full faith and credit in Toolkit Safety and Accountability Audit: A Guide to chapter “Enhancing the Response of the Justice Assessing Institutional Responses to Domestic System: Civil Remedies.” Violence. New York, NY: Springer Publishing Co. 21. See section on firearms in Toolkit chapter Hart, B. (1995). Coordinated Community “Additional Justice System Responses.” Approaches to Domestic Violence. Paper presented at the Strategic Planning Workshop on Violence 22. The Texas Code of Criminal Procedure was Against Women, National Institute of Justice, amended in the 1999 legislative session to prohibit Washington, DC. judges from referring family violence criminal cases to mediation or other alternative dispute National Council of Juvenile and Family Court resolution. § 5.08. Judges (1992). State-of-the-Art Court Programs. Reno, NV: National Council of Juvenile and 23. Supplementary investigation includes risk of Family Court Judges. further harm to or intimidation of the victim; risk of harm to the children, family, or supporters of the Edleson, J.L. (1991). “Coordinated Community victim; amenability to specialized sex offender Responses to Woman Battering.” In M. Steinman management or batterer intervention services; and (Ed.), Woman Battering: Policy Responses. the need for highly intensive supervision pending Cincinnati, OH: Anderson Press. pp. 203–219. trial. Source: Lovik, M.M. (1998). “Conditional Pretrial Release in Criminal Proceedings.” In 27. There are many models for these investiga- Domestic Violence: A Guide to Civil and Criminal tions. The first national conference on domestic Proceedings. East Lansing, MI: Michigan Judicial fatality reviews was held in Key West in October Institute. 1996. It was a joint undertaking of the National

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Council of Juvenile and Family Court Judges and 33. Mederos, F. (1999). “Batterer Intervention the Florida Governor’s Task Force on Domestic Programs.” In M.F. Shepard and E.L. Pence (Eds.), and Sexual Assault. See www.vaw.umn.edu. Coordinating Community Response to Domestic Violence: Lessons Learned From Duluth and 28. Karan, A., Keilitz, S., and Denaro, S. (1999). Beyond. Thousand Oaks, CA: Sage Publications. “Domestic Violence Courts: What Are They and How Should We Manage Them?” Juvenile and 34. There is no research, however, about the Family Court Journal (Spring) 50(2): pp. 75–86. impact of batterer intervention programs on perpe- trators’ relationships with children, with or without 29. See Institute for Law and Justice at a curriculum component related to fatherhood and www.ilj.org. parenting.

30. Browne, A., Miller, B., and Maguin, E. (1999). 35. English, K., Pullen, S., and Jones, L. (Eds.) “Prevalence and Severity of Lifetime Physical and (1996). Managing Adult Sex Offenders: A Sexual Victimization Among Incarcerated Women.” Containment Approach. Lexington, KY: American International Journal of Law and Psychiatry Probation and Parole Association. 22(3–4): pp. 301–322. 31. Browne, A., Miller, B., and Maguin, E. (1999). References “Prevalence and Severity of Lifetime Physical and Sexual Victimization Among Incarcerated (1995). “The Many Faces of Community Women.” International Journal of Law and Prosecution.” The Mainline 8(6). Psychiatry 22(3–4): pp. 301–322. Seventy-five per- cent of all respondents experienced severe physical American Bar Association Commission on violence by an intimate partner in adulthood, and Domestic Violence (1997). Judicial Checklist: 59 percent reported some form of sexual abuse Domestic Violence. Washington, DC: American during childhood or adolescence. Bar Association Commission on Domestic Violence. Also see Harlow, C. (1999). Prior Abuse Reported by Inmates and Probationers. Washington, DC: American Prosecutors Research Institute (1999). U.S. Department of Justice. NCJ 172879. More The Prosecution of Rohypnol and GHB Related than half (57.2 percent) of women state prisoners Sexual Assaults. Alexandria, VA: American reported having been abused prior to admission. Prosecutors Research Institute. This video instructs law enforcement personnel and prosecutors on 32. Greenfeld, L., and Snell, T. (1999). Women investigation and prosecution of drug-facilitated Offenders (Bureau of Justice Statistics Special sexual assault. Report). Washington, DC: U.S. Department of Justice. NCJ 175688. Of women convicted of American Prosecutors Research Institute (1999). felonies in state courts in 1996, 8.4 percent were Violence Against Women Advanced Sexual Assault convicted of violent felonies (, robbery, Workshop Manual. Alexandria, VA: American aggravated assault), while the remaining 91.6 per- Prosecutors Research Institute. cent were convicted of nonviolent felonies (proper- ty, drug, or other felonies). (Note: Violent offenses American Prosecutors Research Institute (1997). are the Part 1 offenses as defined in the FBI Mission Possible: Stopping Stalkers. Alexandria, Uniform Crime Reports.) In 1998, 82 percent of VA : American Prosecutors Research Institute. women in state prisons were incarcerated for non- violent offenses. American Prosecutors Research Institute (1997). Violence Against Women: A Workshop for Prosecutors—The Prosecution of Domestic

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Violence and Stalking Cases. Alexandria, VA: Berger, R.J., Neuman, W.L., and Searles, P. (1994). American Prosecutors Research Institute. “The Impact of Rape Law Reform: An Aggregate Analysis of Police Reports and Arrests.” Criminal American Prosecutors Research Institute (1997). Justice Review (Spring) 19(1): pp. 1–23. Violence Against Women: A Workshop for Prosecutors—The Prosecution of Sexual Assault. Berk, R., and Newton, P. (1985). “Does Arrest Alexandria, VA: American Prosecutors Research Really Deter Battery? An Effort to Replicate Institute. the Findings of the Minneapolis Spouse Abuse Experiment.” American Sociological Review American Prosecutors Research Institute and (April) 50: pp. 253–262. National Council of Juvenile and Family Court Judges (1998). Confronting Violence Against Bloom, B., and Covington, S. (1998). Gender- Women: A Community Action Approach. Specific Programming for Female Offenders: What Alexandria, VA: American Prosecutors Research Is It and Why Is It Important? Paper presented at Institute. the 50th annual meeting of the American Society of Criminology, Washington, DC. Anchorage Sexual Assault Response Team (1998). Anchorage SART Policy and Procedure, Revised. Bodnarchuk, M., Kropp, P.R., Ogloff, J.R.P., Hart, Anchorage, AK: Anchorage Sexual Assault S.D., and Dutton, D.G. (1995). “Predicting Response Team. Anchorage SART was established Cessation of Intimate Assaultiveness After Group to provide a joint, effective, sensitive approach to Treatment.” Vancouver, BC: British Columbia victims of sexual assault. The team conducts thor- Institute on Family Violence. ough investigations of sexual assaults and obtains forensic evidence for prosecuting sexual violence Boles, A., and Patterson, J. (1997). Improving perpetrators. Community Response to Crime Victims: An Eight- Step Model for Developing Protocol. Thousand Asmus, M. “Documenting Domestic Violence Oaks, CA: Sage Publications. Cases: Collaborative Strategies for Police and Prosecutors.” Minneapolis, MN: Battered Women’s Brade, C., and Hunter, S.M. (1998). Stalking and Justice Project—Criminal Office. For copies, Violence Against Women, Violence Against Women please contact Battered Women’s Justice Project— With Disabilities: Law Enforcement Training Criminal Office, 4032 Chicago Avenue South, Modules. East Hartford, CT: Connecticut Sexual Minneapolis, MN 55407, 1–800–903–0111, ext. 1. Assault Crisis Services, Inc.

Austin, J., and Dankwort, J. (1997). A Review of Browne, A. (1987). When Battered Women Kill. Standards for Batterer Intervention Programs. New York, NY: Free Press. Tallahassee, FL: Florida Commission on Minimum Standards for Batterers Treatment. Available online Browne, A., Miller, B., and Maguin, E. (1999). at Violence Against Women Online Resources, “Prevalence and Severity of Lifetime Physical and www.vaw.umn.edu/Vawnet/standard.htm. Sexual Victimization Among Incarcerated Women.” International Journal of Law and Avalon, S. (1999). “Advocacy and Victim Witness Psychiatry 22(3–4): pp. 301–322. Specialists: Differing Roles to Achieve Common Goals.” Minneapolis, MN: Battered Women’s Buzawa, E.S., and Buzawa, C.G. (Eds.) (1996). Do Justice Project—Criminal Office. For copies, Arrests and Restraining Orders Work? Thousand please contact the Battered Women’s Justice Oaks, CA: Sage Publications. Project—Criminal Office, 4032 Chicago Avenue South, Minneapolis, MN 55407, 1–800–903–0111, ext. 1.

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Carrillo, R., and Tello, J. (Eds.) (1998). Family Approach. Lexington, KY: American Probation and Violence and Men of Color: Healing the Wounded Parole Association. Male Spirit. New York, NY: Springer Publishing Co. Epstein, J., and Langenbahn, S. (1994.) Criminal Carter, M.M. (Ed.) (1997). An Overview of Sex Justice and Community Response to Rape. Offender Community Notification Practices: Policy Washington, DC: U.S. Department of Justice. NCJ Implications and Promising Approaches. Silver 148064 Spring, MD: Center for Sex Offender Management. Ewing, C. (1987). Battered Women Who Kill: Psychological Self-Defense as Legal Justification. Clear, T., and Hardyman, P. (1990). “The New Lexington, MA: Lexington Books. Intensive Supervision Movement.” Crime and Delinquency 36(1): pp. 42–60. Family Violence Prevention Fund (1996). Domestic Violence: A Virtual Conference for Colbath, B.B. (1999). “Sex Offender Registration/ Judges in the Criminal Courts. San Francisco, CA: Community Notification: It’s Not That Simple.” Family Violence Prevention Fund. This is a 2-CD Hartford, CT: Connecticut Sexual Assault Crisis set. Services, Inc. Family Violence Prevention Fund (1998). Crowe, A.H., Wack, P., and Schaefer, P.J. (1996). Domestic Violence Characteristics: Informing and Intervening in Family Violence: A Resource Enhancing the Court’s Role. San Francisco, CA: Manual for Community Corrections Professionals. Family Violence Prevention Fund. Lexington, KY: American Probation and Parole Association. Obtain through APPA, c/o Council of Family Violence Prevention Fund (1998). Judicial State Governments, Iron Works Pike, P.O. Box Action Checklists. San Francisco, CA: Family 11910, Lexington, KY 40578–1910. Violence Prevention Fund.

Currie, E. (1998). Crime and Punishment in Family Violence Prevention Fund and National America: Why the Solutions to America’s Most Council of Juvenile and Family Court Judges Stubborn Social Crisis Have Not Worked—And (1999). “Access to Justice.” In Enhancing Judicial What Will. New York, NY: Metropolitan Books. Skills in Domestic Violence Cases. San Francisco, CA, and Reno, NV: National Judicial Institute on Domestic Violence Training and Curriculum Task Domestic Violence. Force (1996). Model Domestic Violence Protocol for Law Enforcement, Prosecution and the Fein, R.A., and Vossekuil, B. (1998). Protective Judiciary. Chicago, IL: Domestic Violence Intelligence and Threat Assessment Investigation: Training and Curriculum Task Force. A Guide for State and Local Law Enforcement Officials. Washington, DC: U.S. Department of Dutton, D. (1998). “Profiling of Wife Assaulters: Justice. NCJ 170612 Preliminary Evidence for a Trimodal Analysis.” Violence and Victims 3(1): pp. 5–30. Fein, R.A., Vossekuil, B., and Holden, G.A. (1995). Threat Assessment: An Approach To Dutton, M.A. (1993). “Understanding Women’s Prevent Targeted Violence (National Institute of Responses to Domestic Violence: A Redefinition Justice Research in Action). Washington, DC: U.S. of .” Hofstra Law Department of Justice. NCJ 155000 Review 21(4): pp. 1191–1242. Fritzler, R.B., and Simon, L.M.J. (2000). “Creating English, K., Pullen, S., and Jones, L. (Eds.) (1996). a : Combat in the Managing Adult Sex Offenders: A Containment Trenches.” Court Review (Spring) 37: pp. 28–39.

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Gendreau, P., Cullen, F. and Bonta, J. “Intensive Griffith, C.L., and Tucker, M.S. (1997). “A Cry for Rehabilitation Supervision: The Next Generation Help: The Need for a Judicial Response to the in Community Corrections?” Federal Probation Threat of Domestic Violence.” The Judges’ Journal 58(1): pp. 72–78. (Spring) 36(2): pp. 22–26.

Gilligan, L., and Talbot, T. (2000). Community Gwinn, C.G., and O’Dell, A. (1993). “Stopping the Supervision of the Sex Offender: An Overview of Violence: The Role of the Police Officer and the Current and Promising Practices. Silver Spring, Prosecutor.” Western State University Law Review MD: Center for Sex Offender Management. (Spring) 20(2): pp. 297–317.

Gondolf, E. (1998). The Impact of Mandatory Hamberger, K., and Potente, T. (1994). Court Review on Batterer Program Compliance. “Counseling Heterosexual Women Arrested for Indiana, PA: Pennsylvania Commission on Crime Domestic Violence: Implications for Theory and and Delinquency. Practice.” Violence and Victims 9(2): pp. 125–137.

Gondolf, E. (1998). Multisite Evaluation of Harlow, C. (1999). Prior Abuse Reported by Batterer Intervention Systems: A 30-Month Inmates and Probationers. Washington, DC: U.S. Followup of Court-Mandated Batterers in Four Department of Justice. NCJ 172879 Cities. Paper presented at Program Evaluation and Family Violence Research: An International Hart, B.J. (1997). “Arrest? What’s the Big Deal?” Conference, Durham, NH. William and Mary Journal of Women and Law 3(1): pp. 207–221. Gondolf, E. (1997). “Batterer Programs: What We Know and Need To Know.” Journal of Interper- Hart, B.J. (1993). “Battered Women and the sonal Violence 12(1): pp. 83–98. Criminal Justice System.” American Behavioral Scientist 36(5): pp. 624–638. Gondolf, E. (1997). “Expanding Batterer Program Evaluations.” In Glenda Kaufman Kantor and Hart, B.J. (1992). Accountability: Program Jana Jasinski (Eds.), Out of Darkness: Con- Standards for Batterer Intervention Services. temporary Research Perspectives on Family Harrisburg, PA: Pennsylvania Coalition Against Violence. Thousand Oaks, CA: Sage Publications. Domestic Violence. pp. 208–218. Hart, B.J. (1988). Safety for Women: Monitoring Gondolf, E. (1997). “Patterns of Reassault in Batterers Programs. Harrisburg, PA: Pennsylvania Batterer Programs.” Violence and Victims 12(4): Coalition Against Domestic Violence. pp. 373–387. Healey, K.M., and Smith, C. (1998). Batterer Gondolf, E. (1995). “Alcohol Abuse, Wife Assault, Programs: What Criminal Justice Agencies Need and Power Needs.” Social Service Review 69(2): To Know (National Institute of Justice Research in pp. 274–284. Action). Washington, DC: U.S. Department of Justice. NCJ 171683 Gondolf, E. (1991). “A Victim-Based Assessment of Court-Mandated Counseling for Batterers.” Herrell, S.B., and Hofford, M. (1991). Family Criminal Justice Review 16(1): pp. 214–226. Violence: Improving Court Practice. Reno, NV: National Council of Juvenile and Family Court Governor’s Justice Commission (1995–1996). Judges. State of Rhode Island Violence Against Women Law Enforcement Training Program. Hunter, S.M., Cewe, B.R., and Mills, J.L. (1997). Police Response to Crimes of Sexual Assault: A

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Training Curriculum (2d ed.).East Hartford, CT: Justice System Response to Violence Against Connecticut Sexual Assault Crisis Services, Inc. Women: A Tool for Law Enforcement, Prosecution and the Courts To Use in Developing Effective International Association of Chiefs of Police Responses. Washington, DC: STOP Violence (1999). Model Policy on Police Officer Domestic Against Women Technical Assistance Project, The Violence and Concepts and Issues Paper. Promising Practices Initiative. Alexandria, VA: International Association of Chiefs of Police. Los Angeles City Attorney’s Office, California Alliance Against Domestic Violence, and Los International Association of Chiefs of Police Angeles Police Department (1999). Primary (1998). Protecting Victims of Domestic Violence: A Aggressor: Domestic Violence Training Project. Law Enforcement Officer’s Guide to Enforcing Los Angeles, CA: Los Angeles City Attorney’s Orders of Protection Nationwide. Alexandria, VA: Office, California Alliance Against Domestic International Association of Chiefs of Police. Violence, and Los Angeles Police Department.

Journal of Offender Monitoring. Special Issue: Lovik, M.M. (1998). “Conditional Pretrial Release Global Positioning Systems. For copies, contact the in Criminal Proceedings.” In Domestic Violence: A Civic Research Institute, 4490 U.S. Route 27, P.O. Guide to Civil and Criminal Proceedings. East Box 585, Kingston, NJ 08528. Lansing, MI: Michigan Judicial Institute.

Karan, A., Keilitz, S., and Denaro, S. (1999). Maguigan, H. (1991). “Battered Women and Self- “Domestic Violence Courts: What Are They and Defense: Myths and Misconceptions in Current How Should We Manage Them?” Juvenile and Reform Proposals.” University of Pennsylvania Family Court Journal (Spring) 50(2): pp. 75–86. Law Review 140(2): pp. 379–486.

Klaw, M., and Stuehling, J.E. (1995). Stalking and McGuire, L.A. (1990). Prosecution of Domestic Domestic Violence: A Training Module for the Violence in Iowa: A Prosecution Manual (3d ed.). Municipal Police Officer Education and Training Des Moines, IA: Prosecuting Attorneys Training Commission. Harrisburg, PA: Pennsylvania Coordinator, Iowa Department of Justice. Coalition Against Domestic Violence. Mederos, F. (1999). “Batterer Intervention Klein, A.R. (Forthcoming). Judicial Guide to Programs.” In M.F. Shepard and E.L. Pence (Eds.), Sentencing Domestic Batterers. Chestnut Hill, MA. Coordinating Community Response to Domestic Violence: Lessons Learned From Duluth and Klein, A.R. (1994). Spousal/Partner Assault: A Beyond. Thousand Oaks, CA: Sage Publications. Protocol for the Sentencing and Supervision of Offenders. Swampscott, MA: Production Mederos, F., Gamache, D., and Pence, E. (1998). Specialties, Inc. For copies, please contact Domestic Violence and Probation. Minneapolis, Production Specialties, Inc., 25 Orchard Circle, MN: Battered Women’s Justice Project. For copies, Swampscott, MA 01907, 617–592–7800. please contact the Battered Women’s Justice Project—Criminal Office, 4032 Chicago Avenue Ledray, L.E. (1999). Sexual Assault Nurse South, Minneapolis, MN 55407, 1–800–903–0111, Examiner Development and Operation Guide. ext. 1. Available online at Violence Against Women Minneapolis, MN: Sexual Assault Resource Online Resources, www.vaw.umn.edu/BWJP/ Service. probationV.htm.

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MN: Minnesota County Attorneys Association. For text version is online at www.ncjrs.org/txtfiles/ copies, please contact Minnesota County Attorneys batter.txt and the PDF version at www.ncjrs.org/ Association, Hamline Park Plaza, 570 Asbury pdffiles/batter.pdf. Street, Suite 203, St. Paul, MN 55104, 651–641–1600. National Judicial Education Program (1998). Understanding Sexual Violence: The Judicial Minnesota Program Development, Inc. (1999). Response to Stranger and Non-Stranger Rape and Domestic Violence: The Law Enforcement Sexual Assault. A Model Judicial Education Response. Duluth, MN: Minnesota Program Curriculum. New York, NY: NOW Legal Defense Development, Inc. and Education Fund.

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Harrisburg, PA: Pennsylvania Coalition Against Rosenfeld, B. (1992). “Court-Ordered Treatment Domestic Violence. For copies, please contact the of Spouse Abuse.” Clinical Psychology Review Pennsylvania Coalition Against Domestic 12(2): pp. 205–226. Violence, 6400 Flank Drive, Suite 1300, Harrisburg, PA 17112–2778, 1–800–903–0111, Sacred Circle. The Role of the Criminal Justice ext. 2. System: Ending Violence Against Native Women Training Institute. Rapid City, SD: Sacred Circle. Piper Deschenes, E., Turner, S., and Petersilla, J. For copies, please contact National Resource (1995). “A Dual Experiment in Intensive Center to End Violence Against Native Women, Community Supervision: Minnesota’s Prison 722 St. Joseph Street, Rapid City, SD 57701, Diversion and Enhanced Supervised Release 605–341–2050. Programs.” The Prison Journal 75(3): pp. 330–356. Sacred Circle. The Role of Tribal Law Enforcement Training Institute. Rapid City, SD: Sacred Circle. Probation Department, Quincy, MA (1996). For copies, please contact National Resource Probation/Parole Manual for the Supervision of Center to End Violence Against Native Women, Domestic Violence Cases. For copies, please con- 722 St. Joseph Street, Rapid City, SD 57701, tact Polaroid and ask for Quincy Court Information 605–341–2050. Service, P.O. Box 100, Penfield, NY 14526–9958, 1–800–662–8337, ext. 63. Saunders, D.G. (1986). “When Battered Women Use Violence: -Abuse or Self-Defense?” Quinn, J., and Holman, J. (1991). “Intrafamilial Violence and Victims 1(1): pp. 147–160. Conflict Among Felons Under Community Super- vision: An Examination of the Cohabitants of Sexual Violence Prevention Program (2000). Electronically Monitored Offenders.” Journal of Minnesota Model Sexual Assault Response Offender Rehabilitation 16(3/4): pp. 177–192. Protocol: Test Site Project. Minneapolis, MN: Minnesota Department of Health. Ramos, M. (1999). Cultural Considerations in Domestic Violence Cases: A National Judge’s Shepard, M. (1992). “Predicting Batterer Benchbook. San Francisco, CA: Family Violence Recidivism Five Years after Intervention.” Journal Prevention Fund. of Family Violence 7(3): pp. 167–178.

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44 | Toolkit To End Violence Against Women Additional Justice Responses Enhance Implement confidentiality Provide servicesProvide that are lin- Ensure that criminal justice and Ensure that criminal Evidence shows that victims may not seek legal may that victims Evidence shows Ensure that safety planning for immigrant battered Ensure that safety planning for immigrant ailable funds, rules program and requirements, evaluate and conduct outreach omen accounts for their immigration status and helps them avoid any conduct any and helps them avoid status omen accounts for their immigration ailor services, assistance, legal and advocacy to meet the requirements of guistically and culturally appropriate and tailored to a victim’s cultural, and tailored to a victim’s guistically and culturally appropriate religious, and spiritual beliefs. to National Instant Criminal Use state databases as supplements checks to prevent domestic Check System (NICS) background Background from obtaining firearms. violence perpetrators Promote efforts to remove firearms violent offenders who are prohibit- from or state laws. to federal ed from access or ownership pursuant the enforcement of federal and state firearms prohibitions related to domestic violence. state crime victim compensation programs. Upgrade policies, of eligible victims and eligible providers, expand categories increase av campaigns to ensure victim safety and recovery. T women. victims of violence against immigrant of status on the immigration convictions Understand the impact of criminal victims and perpetrators. w that might compromise their status. Guarantee confidentiality. Guarantee assistance, counseling, are certain or help unless they that their identity, com- munications, confidential. will be kept and records Ensure that victims, advocates, victim/witness specialists, and lawyers of confidentiality. understand the parameters victim service professionals understand the existing privileges. ◆ ◆ ◆ ◆ ◆ What the Justice System Can Do To Do Can System the Justice What a Difference Make ◆ ◆ Chapter 5. Additional Justice System Responses System Justice Additional 5. Chapter Chapter 5 Additional Justice System Responses

Victim Privacy and under promise of confidentiality may have a chill- ing effect on the help-seeking of the victim whose Confidentiality trust is betrayed and on all other victims who learn of this breach of guarantee. Confidential Communications With Advocates and Counselors Consequently, 33 states2 and the District of Columbia have enacted statutes to protect confi- Confidential communications are central to the dential communications, advice, and records that safety and recovery of victims of gender-based result from the relationship between victims of violence. Evidence shows that victims may not sexual assault or domestic violence and their seek legal assistance, counseling, or help without counselors at sexual assault or domestic violence an assurance of confidentiality from an advocate agencies.3 Confidential communications are usual- 1 or counselor. Even those who seek assistance may ly broadly defined and include information given fail to fully disclose important information if they by the victim to the advocate/counselor, advice or learn that their communications with an advocate information given by the advocate/counselor to the or emergency services provider are not confiden- victim, and any records created as a result of the tial. A victim who participates in prosecution of contact between them, including e-mail and phone the crime committed against her may find herself messages. Whether a counselor qualifies for the forced to choose between justice and privacy, par- privilege may depend on certain factors, including ticularly in cases involving sexual assault. the number of hours of training completed by the counselor. In addition, there may be some statuto- The success of the relationship between the victim ry limitations on the privileges. and the advocate/counselor is based on trust. Trust can only be developed if a victim feels that she The type of information that victims wish to keep can fully and freely confide intimate information confidential and that is protected by law extends to her advocate/counselor. Because most domestic beyond information that affects the victim’s safety violence victims believe they will be endangered if to information that, if disclosed, may cause the the perpetrator learns that they have contacted an victim personal pain or harm—including child agency—and particularly that they have discussed abuse history, sexual history, sexual orientation, legal options, safety strategies, and separation HIV/AIDS status, sexually transmitted disease his- plans—the guarantee of confidentiality is critical. tory, financial history, mental health history, mar- Sexual assault victims may share this concern, but riage history, school records, drug and alcohol their fears typically involve the public disclosure treatment records, personnel files, employment of private information. history, and communications with doctors, thera- pists, spouses, religious counselors, lawyers, or A victim’s expectations that her identity, location, drug and alcohol counselors. and contact with a sexual assault or domestic vio- lence program will remain confidential must be respected. Disclosure of information obtained

| 1 State statutes, case law, and federal laws and regu- i.e., by the judge in chambers. Grounds for waiving lations protect to differing degrees these confiden- the confidentiality privilege in some statutes include tial communications and records from disclosure. a decision that the probative value of information Some statutes cover either sexual assault or domes- concerning the victim’s physical appearance at the tic violence counselors, while others address both, time of injury, matters of proof regarding the chain including in the definition of “counselor” trained of custody of evidence, situations in which the advocates, volunteers, and crime victim counselors. counselor has reason to believe the victim may have Some statutes protect shelter locations and shelter committed perjury, and any proceeding by the vic- records and specifically exclude those records tim against the counseling agency or counselor out- from disclosure under the state’s open records weighs the risk of disclosure. law. Some laws specifically protect the identity of not only the client, but also the advocate or Even when a privilege is absolute, there may be counselor. Some state and federal funding statutes statutory exceptions that require disclosure. The and regulations require funded service providers most common exceptions include mandatory to implement confidentiality policies as a condi- reporting of suspected child abuse or neglect, dis- tion of funding. closure of information when there is imminent risk of death or serious bodily injury, or disclosure that The type and level of protection granted by confi- the victim is about to commit a violent crime. dentiality statutes or case law vary, and may Some state statutes provide that partial disclosure include either an absolute (where disclosure is not of privileged or confidential information may permitted under any circumstances) or a qualified require full disclosure of all privileged or confi- privilege.4 Under an informed consent process, a dential information. victim can waive the confidentiality privilege. Generally there is no waiver of privilege when a Confidentiality of Location and Personal third party, such as an interpreter, is present to facilitate communication between the victim and Privacy Concerns the advocate/counselor. Victim testimony about the Court records, voter registration records, motor crime does not waive the privilege. Some state vehicle registration information, school records of laws provide that confidentiality dies with the vic- the victim or her children, or other publicly avail- tim; others provide that it survives the victim or able documents may include private information that the executor or administrator of the victim’s that could compromise victim safety. Most states estate may waive it. now provide that a petitioner’s address can be kept confidential as part of the relief in a protection Communications with victim/witness specialists in order. Many state statutes also specify that crime law enforcement or prosecution offices generally victims generally, or victims of sexual assault or are not protected against disclosure, and informa- domestic violence in particular, can keep their tion shared by a victim with a victim/witness spe- addresses and telephone numbers confidential. cialist is likely to be shared with law enforcement personnel, prosecutors, and even the perpetrator’s A few states have implemented address confiden- attorney in a criminal case. Similarly, records kept tiality programs, which provide procedures for a by victim/witness specialists are not protected. battered adult to obtain an alternative mailing address as a way to keep her location confidential.5 In some states, limited privileges give way to The Social Security Administration has rules that defendants’ rights. In practice, most state statutes allow domestic violence victims to change their or case law that limits the confidentiality privilege Social Security numbers to protect their privacy.6 requires that any records or testimony that the defendant seeks must first be reviewed in camera,

2 | Toolkit To End Violence Against Women Outlined below are specific actions that legisla- closely with an attorney on a particular case, tors, court administrators and staff, law enforce- each professional has his or her own privilege, ment personnel, prosecutors, and advocates can and the extent of the attorney’s privilege may take to ensure the confidentiality of victims of be greater (for example, the attorney is proba- violence against women. bly not obligated to report suspected child abuse or neglect, while the advocate may be). Secure Confidentiality Through State or 4. Ensure protection of a victim’s due process rights Tribal Law when state law provides defendants with access to a victim’s personal information. 1. Establish confidentiality programs that prohibit ◆ Protect the victim’s rights to receive notice and public disclosure of a victim’s location. opportunity to be heard before information is ◆ Nine states have adopted address confidentiality released. programs that allow victims to obtain an alter- 5. Consider exempting the records of sexual assault native mailing address to more safely vote, and domestic violence programs from open or public receive service of process, and protect their records laws, even if the programs receive state or fed- current address from their perpetrator. eral funding or are public agencies as defined by state law. 2. Enact specific statutory protections for confidential communications (including advice, written and elec- ◆ Open records laws in some jurisdictions may tronic records, and identifying information) between be inconsistent with confidentiality laws that sexual assault and domestic violence victim advocates/ protect counselor-victim communications. counselors and victims. Confidentiality cannot be ensured if a domestic ◆ Protect, by statute, the confidentiality of vic- violence or sexual assault organization is re- tims’ identity, location, and contact with a vic- quired to turn over records on request per an tim advocacy program or therapist. open records law. ◆ Limit any in camera review of confidential 6. Enact statutes that provide for the confidentiality of information to criminal cases and then upon sexual assault and domestic violence fatality reviews. a showing of specific need. ◆ Absent the safeguard of confidentiality, many ◆ Establish that the duty to assert privilege on agencies may choose not to collaborate with behalf of the victim with the holder of priv- community partners on fatality reviews, con- ileged information. cluding that any joint action will compromise ◆ Consider, where appropriate, extending the professional privileges or organizational rules right to claim the privilege to teenagers. In situ- of nondisclosure. Without statutory protection ations in which parents’ or guardians’ interests of these deliberations, vital information may be contradict the victim’s, it could be detrimental lost and the community’s capacity to devise to allow parents/guardians access to records or homicide/suicide prevention strategies may be to waive privilege. diminished. ◆ Establish that, when appropriate, confidentiality 7. Provide that a victim’s disclosure of information to a extends beyond the death of the victim, but that crime victim compensation program is confidential. the executor or administrator of her estate may ◆ Many sexually assaulted, battered, and stalked waive the privilege. adults are entitled to compensation under state 3. Grant victim advocates and counselors the highest crime victim compensation programs. The price degree of privilege possible to limit perpetrator access for exercising that right should not be the to victims’ private information. release of identifying information about the victim. ◆ Impose clear and consistent rules for confiden- tiality in situations in which privileges may overlap. For example, when an advocate works

Chapter 5. Additional Justice System Responses | 3 8. Create statutory provisions that permit a victim of court records or other documents that are pub- domestic violence to change her name without public licly available. notice. ◆ Do not use court databases to track the where- ◆ Many victims of domestic violence attempt to abouts of victims of sexual assault or dating or change their names as a way to hide from bat- domestic violence. terers. Often, state laws require public notice of 12. Examine defendant applications for disclosure a name change, which could thwart the purpose carefully when a criminal court determines that a vic- of the name change. tim privilege is qualified rather than absolute. 9. Create statutory remedies that permit victims ◆ Require a specific, fact-based showing that the to be compensated for breaches of confidential confidential material sought is directly relevant communications. to a claim or defense and that the confidential ◆ Give victims of sexual assault, domestic vio- communication is of such consequence to a just lence, and stalking accelerated access to courts outcome for the case that failure to admit it to seek injunctions against the disclosure of would render the proceeding fundamentally confidential information. unfair and constitute an unconstitutional denial ◆ Provide civil and criminal remedies for the of the defendant’s right to due process. unauthorized release of confidential information ◆ Undertake judicial review of privileged infor- that are similar to provisions in the law that mation about victims only when the counter- penalize release of confidential information vailing interest of the criminal defendant rises regarding HIV/AIDS status. to a constitutional level. 10. Enact statutes that protect the privacy of court ◆ When the court concludes that disclosure is proceedings, consistent with constitutional limitations. required, limit release to the exculpatory mate- ◆ Allow victims to request that records be sealed rial and avoid releasing information that will at the conclusion of a trial. compromise the safety, agency, and privacy of ◆ Seal visual evidence, such as videos, in sexual victims. assault cases. ◆ Consider issuing protection orders that limit disclosure of the released information to the The Role of Court Administrators and Staff specific purposes for which it is constitutionally required. 11. Limit access to electronic and hardcopy informa- tion that could compromise a victim’s confidentiality, The Role of Law Enforcement and privacy, or safety. Prosecution Personnel ◆ Protect access to electronic databases of civil protection orders (including petitions, service 13. Safeguard the addresses and contact information sheets, motions, orders, suspensions, or modifi- of victims of sexual assault, dating and domestic vio- cations) from the general public, Temporary lence, and stalking. Assistance for Needy Families (TANF) offices, ◆ Keep confidential contact information for vic- child support enforcement authorities, and child tims of sexual assault, dating and domestic vio- and youth agencies. Protection order informa- lence, and stalking out of reports or case files; tion should be available only to law enforce- such information should be kept separately to ment, prosecution, probation, and parole avoid inadvertent disclosure to perpetrators. offices. ◆ Do not disclose information about shelter ◆ Remove a victim’s name, address, and other addresses, friends or family offering temporary identifying information (such as social security housing, or people who agree to be telephone number, phone number, and work address) from contacts for victims.

4 | Toolkit To End Violence Against Women 14. Inform victims about the release of police incident 18. Avoid employing advocates or counselors who also reports, investigative reports, exculpatory information, serve as victim/witness specialists for law enforce- and related materials to the defendant and his counsel. ment or prosecution offices. ◆ Inform victims about all information that may ◆ Because an advocate or counselor may have a or will be disclosed to the defendant. protected confidential relationship with a victim ◆ Secure all databases containing confidential and a victim/witness specialist may not, it is victim contact information that are used to important to identify clearly the role in which a comply with state laws on notifying victims professional is acting at any given time. about legal proceedings, the custodial status of 19. Consult counsel regarding advocate presence dur- offenders, and probation and parole delibera- ing a victim’s communication with persons outside the tions and outcomes. Ensure that only those agency, and establish policies that guide practice to people responsible for notifying victims have not compromise the confidential communications priv- access to information about their whereabouts. ilege of victims. 15. Establish policies that specify the parameters of ◆ Laws may specify that a communications privi- confidentiality between victims of sexual assault and lege is made void by communications in the dating and domestic violence and the victim/witness presence of a third party. Advocates or coun- specialists employed by law enforcement and prosecu- selors who accompany victims to interviews tion offices, and between victims and community- with persons working outside their agencies based advocates located in such agencies. (e.g., police, prosecution, or child welfare per- ◆ Disclose who may have access to the informa- sonnel) must make clear that those communica- tion shared with the victim/witness specialist tions do not generally fall under the privilege. (such as police officers, prosecuting attorneys, ◆ A victim of sexual assault or dating or domestic prosecutor’s expert witnesses, and defense or violence may request that an advocate or her family law attorneys for the perpetrator). counselor be present when she meets with an Inform victims of limitations on nondisclosure attorney. The advocate’s presence may compro- or confidentiality prior to any interview with mise the attorney-client privilege, or the attor- them. ney’s presence may waive the advocate-client ◆ Provide victims with a concise and understand- privilege. Advocacy or counseling agencies and able written version of the agency’s nondisclo- attorneys must recognize the different privileges sure guidelines. that apply to communications with the same client, and when and how confidentiality may be 16. Inform victims of the differences in confidentiality compromised by the presence of other parties. privilege for victim/witness specialists working for law enforcement agencies or prosecutors and for advocates/ counselors, as granted by privileged communication The Role of Administrators of Funding statutes. Agencies 20. Require that any group awarded funds for serving The Role of Administrators of Victim victims of sexual assault, dating and domestic vio- Advocacy Agencies lence, and stalking implement confidentiality policies related to communications, advice, exchanges, and 17. Adopt comprehensive confidentiality policies. records. ◆ Develop policies and procedures that provide 21. Conduct program and fiscal audits or reviews in a the greatest protection available under state law manner that protects the identities and privacy of the for victim confidences, communications, and individuals served. records.7 ◆ Insist that names and other identifying informa- tion be removed from the information provided to the reviewer.

Chapter 5. Additional Justice System Responses | 5 Violence Against Immigrant believe them if they summon police for help. Battered immigrants often fear that their abusers Women will carry out threats to have them deported, kid- nap their children, or harm family members if they Immigrant women come to this country with great seek help. Thus, new approaches must be under- hopes for what the United States will offer them— taken to tailor services, legal assistance, and advo- hopes that may be frustrated as they face over- cacy to meet the requirements of these victims and whelming cultural, linguistic, and social changes to do so in a manner that ensures confidentiality in their lives. These challenges are compounded and is linguistically competent, culturally welcom- when an immigrant woman is a victim of sexual ing, and highly knowledgeable about legal and assault, domestic violence, or stalking. social services options.

Until recently, an immigrant woman who sought Outlined below are specific actions that staff and lawful permanent residency in the United States volunteers at victim advocacy programs, immi- had to rely on her U.S. citizen or lawful perma- grant rights organizations, law enforcement agen- nent resident spouse to file and follow through on cies, courts, and law firms can take to end her immigration petition. If her spouse was abu- violence against women. sive, the control he had over the application process could obstruct her efforts to obtain or maintain the lawful immigration status she needed The Role of Administrators of Victim to achieve independence from her abusive hus- Advocacy Programs band. In 1994, Congress remedied this problem by passing the battered immigrant women provisions 1. Locate victim advocacy services where immigrant of the Violence Against Women Act (VAWA).8 victims of sexual assault, dating and domestic vio- lence, and stalking can easily access them. The Violence Against Women Act of 2000 (VAWA 2000) strengthened and improved access to these ◆ Whenever possible, locate services for immi- protections.9 grant victims of sexual assault, dating and domestic violence, and stalking in their own The statutes and regulations governing the VAWA communities, including worksites. immigration process are highly complex. Immi- ◆ Conduct outreach to immigrant communities grant victims of violence against women are likely through existing community-based programs, to need help from advocacy organizations, law such as immigrant rights organizations. enforcement, legal services providers, counseling 2. Ensure that offered services are culturally appropriate. agencies, social services, and economic assistance ◆ programs. They may not have work authorization, Work with community-based immigrant rights and thus may not be able to survive economically groups to gain a basic understanding of cultural, without their abusers. They may feel lost in the religious, or spiritual principles that may guide American justice and social services systems. immigrant client decisions and reactions to sex- They may not seek help outside the home because ual assault, dating and domestic violence, and they have been raised to keep their victimization stalking. secret or because they have been disillusioned by ◆ Teach staff to appreciate the cultural, religious, the justice systems in their home countries. Due to and spiritual beliefs that clients may rely on to isolation or language barriers, abusers may be the survive, overcome, or heal from these forms of victims’ only source of information about law violence. enforcement or the criminal justice system. ◆ Ensure that shelter-based programs can accom- Abusers may tell victims that police will not modate battered immigrants’ dietary practices or customary activities.

6 | Toolkit To End Violence Against Women 3. Ensure that staff and volunteers can communicate ◆ Develop alternative safety protocols such as with immigrant victims of sexual assault, dating and providing the immigrant with a mobile phone domestic violence, and stalking in their own languages. that is programmed to dial 911 and services tai- ◆ If bilingual staff or volunteers are not readily lored for immigrant women. available, collaborate with an agency or pro- 7. Ensure that staff and volunteers who help immi- gram that can provide interpreter services. grants apply for public benefits know the laws that 4. Develop specialized services and procedures for permit and prohibit immigrant victims from using such advocacy on behalf of immigrant victims of sexual programs. assault, dating and domestic violence, and stalking. ◆ Help immigrants apply for public benefits for ◆ Offer services tailored to battered immigrants’ which they are eligible, including battered needs. Become familiar with the immigration immigrants who are eligible for relief under process and refer clients to local and national VAWA and may be eligible to receive other resources that assist immigrant battered women. benefits. ◆ Institute protocols to help women develop and The Role of Law Enforcement Personnel safeguard documents and evidence that are essential to their immigration applications. 8. Respond to immigrant victims of sexual assault, ◆ Ensure that safety planning for immigrant bat- dating and domestic violence, and stalking in a lin- tered women accounts for their immigration guistically and culturally meaningful manner. status and helps them avoid any conduct that ◆ Recruit and train personnel with adequate lin- might compromise their status. guistic abilities to ensure that no immigrant vic- ◆ Offer immigrant survivor peer groups that pro- tim’s safety will be compromised because of vide access to advice, support, and advocacy. language barriers. Use on-call interpreter serv- 5. Understand any statutory limitations on the use ices as necessary. of federal funding to provide services to immigrant ◆ Never ask the alleged perpetrator of abuse, chil- victims. dren, or neighbors to interpret on behalf of an ◆ Federally supported in-kind benefits that are not immigrant victim. based on a recipient’s income or resources and ◆ Develop training programs in collaboration with that are necessary for the protection of life and victim service agencies to educate personnel safety are available to immigrant victims about the cultural, religious, economic, or regardless of their immigration status. Such immigration issues that may affect immigrant assistance includes shelters for battered women. victims’ decisions on and reactions to sexual Be aware that federally funded programs that assault, dating and domestic violence, and refuse to serve immigrant victims may be vio- stalking. lating federal antidiscrimination laws. 9. Understand the fears that many immigrant victims 6. Develop alternatives to shelter-focused services to have regarding police interventions, and develop pro- protect the safety of battered immigrants who cannot cedures for mitigating those fears. use services or legal protections that separate them ◆ Understand that immigrant victims of sexual from their families. assault, dating and domestic violence, and ◆ Recognize that some immigrant battered stalking may fear law enforcement for a variety women will choose shelter-focused services, of reasons. whereas others may feel uncomfortable outside ◆ Recognize that perpetrators of violence, as part their families and communities. of a continuing pattern of abuse, may deliber- ◆ Make arrangements for alternative safe housing ately misinform victims about their rights and with , rather than encouraging responsibilities under U.S. law. women to use services or legal protections that compromise the support of family and friends.

Chapter 5. Additional Justice System Responses | 7 ◆ Conduct outreach programs in immigrant com- Income (SSI), TANF, food stamps, and housing munities (in cooperation with trusted commu- benefits. nity programs) to help immigrant victims 12. Employ creative and culturally appropriate reme- understand how the police and the law can help dies when issuing protection and custody orders. them. ◆ Provide creative forms of relief that are consis- ◆ Carefully consider the consequences that inap- tent with immigrants’ cultural norms and reli- propriate arrests may have for immigrant vic- gious beliefs. tims. Dual arrest, or arrest of an innocent victim ◆ Do not allow perpetrators of violence against if it leads to a conviction, could make the vic- immigrants to invoke cultural norms as a justifi- tim ineligible for immigration relief under cation for violent, abusive, or criminal behavior. VAWA and result in her deportation. When innocent immigrant victims are arrested, they The Role of Attorneys and Victim may plead guilty because they need to return Advocates home to their children quickly, without under- standing the impact a guilty plea may have on 13. Always work with an immigration law specialist their immigration status. when providing assistance to immigrant victims of sex- ual assault, dating and domestic violence, and stalking. The Role of Court Administrators and ◆ Avoid taking action that might harm an immi- Personnel grant victim’s ability to obtain or maintain law- 10. Respond to immigrant victims of sexual assault, ful immigration status. Be aware that seemingly dating and domestic violence, and stalking in a lin- unrelated issues, such as the contents of a guistically and culturally meaningful manner. police report, can adversely affect a client’s immigration status. Legal advocates, lawyers, or ◆ Translate relevant court instructional materials, prosecutors should refer immigrant victims to rules, and forms into the languages spoken in immigration specialists immediately and coor- the immigrant communities within the judicial dinate their work with that of immigration district. Provide clerical assistance to pro se liti- experts. gants in an appropriate language. 14. Understand the impact of criminal convictions on ◆ Improve and expand court translation services, the immigration status of victims and perpetrators. and establish standards of professional practice ◆ for court translators. Consider the risks to immigrant victims related to criminal prosecution of perpetrators before ◆ Train judges and court personnel to enrich their commencing criminal proceedings against understanding of cultural, religious, economic, assailants. Consult victims about the costs and or immigration issues that may influence immi- benefits of prosecuting abusers in light of the grant victims of sexual assault, dating and potential impact on the immigration status of domestic violence, and stalking. both victim and perpetrator. Understand that 11. Develop protocols to facilitate access to legal jus- conviction of an innocent victim for any crimi- tice for immigrant victims. nal offense could prevent her from accessing ◆ Recognize and respond to fears of deportation, VAWA immigration relief and could result in which make battered immigrants afraid to ask her being deported. for legal help through civil and criminal courts. 15. Respond to immigrant victims of sexual assault, Inform victims that guidelines clarify that the dating and domestic violence, and stalking in a lin- only agencies affirmatively required to report guistically and culturally meaningful manner. information about persons they know to be ◆ Obtain training to ensure that services provided undocumented are state, federal, and local are responsive to the personal, cultural, and agencies that administer Supplemental Security immigration needs of immigrant victims.

8 | Toolkit To End Violence Against Women Understand the importance of confirming that anyone who has been convicted in any court of a no cultural norm or religious belief is a justifi- misdemeanor crime of domestic violence. Related cation for violent behavior or for violations of Sections 922(d)(8) and 922(d)(9) prohibit know- . ingly selling or disposing any firearm or ammuni- tion to persons disqualified under 922(g)(8) or Federal Support for Assistance to 922(g)(9). Immigrant Victims Some state statutes also prohibit the purchase, 16. Sponsor training to ensure that the bench and bar, possession, transfer, or disposal of firearms and law enforcement, and victim service programs under- ammunition and prohibit the issuance of or pro- stand VAWA and its impact on immigrant victims of vide for the revocation of licenses to purchase, sexual assault, domestic violence, and stalking. possess, carry, or conceal firearms for cases in ◆ Recognize that the complexity of statutes and which the applicant is the subject of a restraining regulations governing VAWA immigration relief order. Some state codes give specific direction to make it crucial for an immigrant victim of sexu- law enforcement about affirmative enforcement of al assault, domestic violence, or stalking to these prohibitions. Some state statutes make it a coordinate work on her immigration application crime to violate a firearms prohibition in a protec- with other legal and economic assistance. tion order. Other statutes prohibit the possession, purchase, or control of a firearm by persons Firearms charged with or convicted of sexual assault, dating or domestic violence, or stalking. Some state crim- Firearms often pose a grave threat to the lives of inal codes also contain provisions that require for- victims of sexual assault, dating and domestic vio- feiture of weapons upon conviction of a crime of lence, and stalking. According to Federal Bureau violence. Some penalize the seller or transferor of of Investigation (FBI) statistics, women are far a firearm to a person who is the subject of a pro- more likely to be killed by a spouse, intimate tection order or convicted of a crime related to 14 acquaintance, or family member than to be mur- violence against women. dered by a stranger,10 and firearms are the most Enforcement of firearm prohibitions is facilitated common weapons males use to murder . In by the national background check system or by 1998, for homicides in which the weapon could be state background check systems. The Brady identified, 54 percent of female victims (978 out Handgun Violence Prevention Act (Brady Act)15 of 1,825) were shot and killed with guns—more requires federal firearms licensees (FFLs) to con- than 60 percent by male intimates.11 duct a background check before the sale or trans- fer of a firearm to determine whether the potential The federal Gun Control Act of 196812 prohibits transferee is prohibited under federal law from the sale of firearms to certain enumerated persons.13 Congress recognized the danger that firearms pose possessing a firearm. The background check is to victims of domestic violence when it passed conducted through the National Instant Criminal four amendments to the Gun Control Act in 1994 Background Check System (NICS); some states and 1996. Section 922(g)(8) of Title 18 prohibits conduct the Brady background check through their 16 persons subject to qualifying protection orders own system rather than through NICS. About from shipping or transporting any firearm or one-half of the states handle all or some of their ammunition in interstate or foreign commerce, checks; the rest rely on the federal system. possessing any firearm or ammunition in or affect- From November 30, 1998, to November 30, 2000, ing commerce, and receiving any firearm or ammu- NICS processed more than 17 million inquiries nition that has been shipped or transported in and prevented more than 300,000 prohibited persons interstate or foreign commerce. Section 922(g)(9) from purchasing firearms from federally licensed of Title 18 imposes the same prohibitions on

Chapter 5. Additional Justice System Responses | 9 dealers. Domestic violence convictions or restrain- consider for prosecution violations of federal ing order prohibitions accounted for 18 percent of domestic violence prohibitions, and train all per- the rejections. sonnel on relevant protocols and procedures.18

Outlined below are specific actions that state legis- The Role of Court Staff and lators, law enforcement and prosecution personnel, Administrators court administrators, departments of public safety personnel, and related professionals can take to 4. Facilitate enforcement of federal firearms prohibi- end violence against women. tions related to violence against women. ◆ Amend state protection order forms to include The Role of Legislators the elements that would be required to meet the standard of Title 18 U.S.C. ¤¤ 922(g)(8) and 1. Enact codes that prohibit access to and ownership 922(g)(9). of firearms by perpetrators of sexual assault, dating ◆ Obtain at least one unique identifier for the and domestic violence, and stalking; deny or revoke perpetrator (e.g., date of birth, driver’s license the firearms licenses of such perpetrators; provide for number, Social Security number), and include confiscation of firearms; and penalize perpetrators it in the protection order or on a cover sheet. who fail to comply with state law or court orders on ◆ firearms possession. Provide oral notice of 18 U.S.C. ¤¤ 922(g)(8) and 922(g)(9) to parties present at protection ◆ Enact statutes that prohibit convicted dating or order hearings. domestic violence perpetrators or persons with restraining orders issued against them from 5. Order relinquishment of firearms, ammunition, and possessing firearms. permits as part of the relief granted in a protection order or as release conditions and terms of probation/ ◆ Authorize courts to direct that perpetrators parole.19 subject to protection orders surrender their ◆ When the state protection order codes or crimi- firearms, ammunition, and licenses and not nal codes allow it, include this relief—even if a possess, exert control over, or acquire other firearm was not used or threatened to be used in weapons during the duration of any protection stalking or previous sexual assault or dating or order. domestic violence incidents—in light of evi- ◆ Enact enforcement codes that instruct law dence that perpetrators of these crimes tend to enforcement to seize and retain firearms. escalate the violence over time. Removal of 2. Enact codes to establish and enhance state crimi- firearms also increases the safety of law en- nal background check systems. forcement officers who must respond to protec- ◆ Consider including checks of state databases as tion order violation calls. Potential loss of a supplements to NICS background checks.17 weapon may also serve as a deterrent for some perpetrators. The Role of Law Enforcement and ◆ When the state protection order codes do not Prosecution Agency Personnel specifically authorize such relief, use any enabling provisions in the codes to impose 3. Facilitate enforcement of federal firearms prohibi- firearms limitations on perpetrators.20 tions related to violence against women. 6. Develop mechanisms in collaboration with law ◆ Ensure that all state and local police officers, enforcement and probation to enforce provisions in sheriffs, prosecutors, and trial judges under- protection and other court orders that restrict firearm stand federal VAWA firearms prohibitions. possession or require firearm relinquishment. ◆ Coordinate with the Bureau of Alcohol, Tobacco ◆ Issue orders that specify that firearms, ammuni- and Firearms (ATF), the FBI, and the local U.S. tion, and licenses or permits are to be surren- Attorney’s Office to fully investigate and dered and direct that these items be surrendered

10 | Toolkit To End Violence Against Women to a named law enforcement agency by a cer- ◆ Ensure that the appropriate Brady indicator25 is tain date and time, preferably immediately after entered on orders sent to the NCIC POF.26 court proceedings or upon service of a protec- ◆ Require that any state criminal background tion order. check system be able to identify firearms prohi- ◆ Ensure daily distribution of orders, firearms bitions, including protection orders, conditions face sheets,21 and related information by the on release, or terms of probation or parole relat- court to local law enforcement, the statewide ed to firearms. Where background checking protection order registry, and the person respon- systems are electronic, links should be estab- sible for sending protection order information lished with state protection order, bail, and to NCIC. sentencing databases. ◆ Expedite the execution of warrants to search for and seize weapons when they are not surren- Crime Victim Compensation dered pursuant to court order. Similarly, issue search and arrest warrants for offenders who do The losses sustained by victims of violence not comply with directives to surrender firearms. against women are substantial. If victims are to ◆ Inform judges and prosecutors about compli- achieve safety and recover, the range of expenses ance with orders at the end of the designated for which they can be compensated must be relinquishment date. expanded. States have begun to enlarge the cate- ◆ Ensure that firearms are stored in appropriate, gories of compensable expenses through state- secure locations.22 administered crime victim compensation programs. In a handful of states, domestic vio- ◆ Develop protocols for ordering the surrender or lence victims may receive relocation expenses, seizure of all firearms from law enforcement, with one state providing for 3 months of rental corrections, probation, and military personnel costs for dislocated victims. A few states pay for who have been convicted of a qualifying property loss beyond personal medical devices, domestic violence misdemeanor or who are and others provide compensation for victim pain subject to any qualifying protection order.23 and suffering. ◆ Develop protocols for return of firearms when appropriate, and for forfeiture and destruction The Office for Victims of Crime (OVC) within the of unclaimed firearms. Office of Justice Programs of the U.S. Department of Justice was formally established by Congress in The Role of the State’s Attorney General 1988 through an amendment to the Victims of and Public Safety or Police Personnel Crime Act of 1984 (VOCA). OVC administers two major formula grant programs, victim compensa- 7. Promote efforts to remove firearms from violent tion and victim assistance. OVC now disburses offenders who are prohibited from access or ownership grants to every state, the District of Columbia, the pursuant to federal or state laws, and enhance the U.S. Virgin Islands, and Guam to support victim enforcement of federal and state firearms prohibitions 27 related to VAWA. compensation programs. ◆ Establish or upgrade the statewide protection Since 1986, more than $854 million in compensa- order registry to ensure that it includes all of the tion funds has been disbursed by state compensa- enforceable protection orders issued in the state. tion programs. VOCA dollars account for an ◆ Institute mechanisms for rapid entry of civil and average of 29 percent of the funding distributed by criminal protection orders into the NCIC these state compensation programs. The annual Protection Order File (POF), as well as state allotment for federal compensation funds has and local registries. Efforts should be undertak- increased 350 percent since the inception of the en to ensure that all orders comport with POF VOCA program. The two VOCA funding streams requirements.24

Chapter 5. Additional Justice System Responses | 11 provide significant assistance to victims of sexual that persons handling medical claims for employ- assault, domestic violence, and stalking.28 The ers will not be discreet. They may suspect that maximum amount paid to a crime victim varies by insurance databases will reveal victimization to state. Most states authorize awards up to $15,000 prospective insurance providers, potentially ren- or $25,000, but the per victim award is dering the victim ineligible for insurance or at risk approximately $2,500.29 of being charged higher premiums.

VOCA victim compensation funds may be used to A few model programs exist that never track the pay for a victim’s medical or dental costs, mental names of the victims for whom the exams are health counseling, funeral and burial costs, and being paid because the transaction is one solely lost wages or loss of support,30 but federal dollars between the hospital and the program itself. In cannot be used to pay for property damage or these cases, the program reimburses the hospital property losses except for personal medical for however many exams are completed, often in a devices. State grantees may offer compensation bill for all the exams for a particular month. for other types of expenses as authorized by statute, rule, or established policy, including nec- In 1998, OVC published a comprehensive plan for essary living space modifications and equipment improving services and compensation for victims to accommodate physical disabilities resulting of violent crime; it contains 18 recommendations from a compensable crime. Nonetheless, most vic- for upgrading state crime victim compensation tims of sexual assault, domestic violence, and programs.32 The recommendations in the plan pro- stalking are not able to fully recover the costs or vide a broader framework for the following rec- losses sustained from the violence due to eligibili- ommendations, which relate specifically to the ty limitations and requirements. role that victim compensation programs can play in ending violence against women. Reimbursement for the cost of forensic examina- tions of sexual assault victims continues to be an The Role of Victim Compensation issue of great concern. As documented by The Urban Institute in its 1998, 1999, and 2000 evalua- Program Administrators and Staff tions of the STOP Formula Grant Program, the 1. Add categories of eligible expenses for which vic- extent to which states pay for this cost varies tims may be compensated that meet the compensa- 31 widely. Victims and hospitals or other facilities tion needs of abused and stalked women and girls. that perform forensic exams are still likely to be ◆ Expand compensation to include expenses that expected to bear the cost of such exams, or face may be the most critical costs faced by victims, hurdles when they seek reimbursement from including but not limited to costs for transition- police departments, special funds, or, as the payor al housing, emergency transportation, security of last resort, the state compensation program. mechanisms, childcare, and destroyed necessi- Sexual assault victims justifiably fear disclosure of ties (for example, work clothing, schoolbooks, information that may be used against them if they and business equipment). file an insurance claim to cover the cost of the 2. Establish catastrophic injury or permanent disability forensic exam. Disclosing to their health insurance funds that are available beyond any compensation cap providers that they have been sexually assaulted is or time limit for preliminary compensation awards. unacceptable to many survivors of sexual assault. ◆ Consider authorizing payment for catastrophic Victims also may not want to reveal the sexual injuries or permanent disability above the cap assault to their primary care physicians or have the for regular compensation. sexual assault included in medical records. They ◆ Expand the use of supplemental awards to may fear that their husbands or parents will dis- cover expenses incurred after initial awards are cover that they have been sexually assaulted or made.

12 | Toolkit To End Violence Against Women 3. Cover the costs of forensic medical examinations 7. Exempt victims from time requirements for filing for sexual assault victims in the absence of other state claims when injuries or losses are not reasonably dis- funds set aside for this purpose, and do not seek covered until after application deadlines or after award recoupment from the public or private health insur- periods have expired. ance of victims. (Do seek recoupment from any award ◆ Permit extensions or allow claims to be of civil damages.) reopened to reimburse eligible expenses up to 4. Amend program eligibility requirements as neces- the maximum state allotments, when injuries sary in consideration of the fact that victims of sexual are not discovered during the period for appli- assault, domestic violence, and stalking are often cation for or payment of compensation awards. reluctant to report crimes to law enforcement and par- 8. Eliminate or narrowly define unjust enrichment. ticipate in the criminal justice process. ◆ Consider adopting proposed revised victim ◆ Extend deadlines for reporting sexual assault, compensation guidelines that suggest that dating and domestic violence, and stalking to “states cannot deny compensation to a victim law enforcement or other appropriate agencies. based on the victim’s familial relationship to ◆ Eliminate the requirement that sexual assault the offender or because the victim shares a resi- victims report to law enforcement as a condition dence with the offender. States must adopt a of eligibility for compensation or assistance, as rule or written policy to avoid unjust enrich- permitted under revised VOCA guidelines. ment of the offender, but it cannot have the ◆ Expand the types of agencies to which report- effect of denying compensation to a substantial ing is permissible. percentage of victims of violence perpetrated by family members or others with whom the 5. Expand the types of victims eligible to receive coun- 33 seling benefits. victim shares a residence.” ◆ Allow children and others who witness vio- 9. Establish and closely monitor guidelines for assess- lence, but who are not themselves physically ing exclusion criteria that result in denial of benefits to ensure criteria are narrowly tailored. abused, to seek compensation for medical, men- tal health, and counseling services essential for 10. Review the state’s criminal code on stalking and their healing and restoration. eliminate any program requirement of physical contact 6. Expand the class of eligible providers to include or injury for eligibility for compensation when these nonclinical providers of counseling and health services are not essential elements in the law. for victims of sexual assault, domestic violence, and 11. Develop and implement strategies to process stalking. claims, including emergency awards, expeditiously. ◆ Define the class of eligible providers more broadly. Medical, mental health, and other 12. Ascertain why victims of sexual assault, domestic licensed clinical services (i.e., the programs violence, and stalking are significantly underrepresent- ed in the class of successful applicants for crime vic- most often eligible) may not in all cases be tim compensation. Undertake corrective measures to accessible for or tailored to the specific treat- enhance appropriate disbursements to these victims. ment needs of victims of sexual assault, dating and domestic violence, and stalking. Consider 13. Design outreach campaigns to target sexual including nontraditional health and counseling assault survivors, battered women, and victims of programs that provide competent and effective stalking. services to victims as eligible providers. ◆ Develop public education programs about the ◆ Recognize that many victims, particularly those existence of compensation for victims of crime. who are not English literate or who are hearing ◆ Expand vehicles for communication to include impaired, lesbians, women of color, immi- faith organizations, local radio talk shows, com- grants, or older women, may prefer the restora- munity cable programming, and women’s and tive opportunities in alternative programs. social clubs for diverse groups in the community.

Chapter 5. Additional Justice System Responses | 13 ◆ Coordinate outreach efforts with crime victim partnership of three nationally recognized organiza- specialists in law enforcement, prosecution, and tions: the Domestic Abuse Intervention Project, community-based victim advocacy agencies. which addresses the criminal justice system’s 14. Provide training for victim service providers, law response to domestic violence (including the enforcement and court personnel, medical providers, development of batterer programs); the Pennsyl- and social services professionals on the availability of vania Coalition Against Domestic Violence, which crime victim compensation, application procedures, addresses civil court access and legal representa- and related information. tion issues of battered women; and the National Clearinghouse for the Defense of Battered 15. Ensure that all compensation program staff Women, which addresses issues raised when bat- receive training on the prevalence, incidence, and tered women are accused of committing crimes, impact of violence against women, the full scope of including killing an abusive partner. compensation available, and the availability of related community services. Bureau of Alcohol, Tobacco and Firearms 16. Establish policies and procedures to maintain the 650 Massachusetts Avenue NW. privacy of applicants and the confidentiality of their Washington, DC 20226 records, addresses, and communications. Phone: For information or complaints about federal firearms prohibitions, call 1–800–ATF–GUNS. ◆ Prohibit disclosure of program records to other Web site: www.atf.treas.gov state agencies, law enforcement, courts, perpe- trators, their agents, or third parties, except The Bureau of Alcohol, Tobacco and Firearms when limited disclosure is required for fiscal (ATF) is the division of the U.S. Department of audits by the state and VOCA and for appropri- the Treasury that is responsible for enforcing fed- ate research. eral laws and regulations relating to alcohol, ◆ Inform applicants about the parameters and limi- tobacco products, firearms, explosives, and arson. tations of privacy and confidentiality protections. Family Violence Prevention Fund 17. Conduct verification and recoupment processing 383 Rhode Island Street, Suite 304 with the utmost discretion. San Francisco, CA 94103–5133 ◆ Conduct inquiries of law enforcement, courts, Phone: 415–252–8900 employers, and insurance carriers without com- Fax: 415–252–8991 promising the victim’s privacy rights. Web site: www.fvpf.org The Family Violence Prevention Fund works to Resources end domestic violence and help women and chil- dren whose lives are affected by abuse. The Web Battered Women’s Justice Project—Civil Division site offers free online catalogs, articles and infor- Pennsylvania Coalition Against Domestic Violence mation on abuse and violence, press releases and 6400 Flank Drive, Suite 1300 story archives, information on public policy Harrisburg, PA 17112 efforts, and other resource materials. Phone: 1–800–903–0111, ext. 2 Fax: 717–671–5542 International Association of Chiefs of Police Web site: www.pcadv.org/projects.html 515 North Washington Street Alexandria, VA 22314 The Battered Women’s Justice Project (BWJP) Phone: 703–836–6767 or 1–800–THE–IACP works with advocates and victim service providers Fax: 703–836–4543 to educate communities about domestic violence Web site: www.theiacp.org and ensure targeted, appropriate responses to cases of domestic violence. BWJP functions through a The International Association of Chiefs of Police (IACP) fosters cooperation and the exchange of

14 | Toolkit To End Violence Against Women information and experience among police adminis- National Immigration Project of the National trators throughout the world and advocates high Lawyers Guild professional standards of police performance and 14 Beacon Street, Suite 602 conduct. The IACP Web site provides information Boston, MA 02108 on training opportunities, conferences, awards, Phone: 617–227–9727 and campaigns, as well as links to Police Chief Fax: 617–227–5495 Web site: www.nlg.org/nip Magazine and other publications, information on international activities and outreach, and legisla- The National Immigration Project is a network of tive and policy updates. legal practitioners who work to end unlawful immigration practices, recognize the contributions National Association of Crime Victim of immigrants in this country, promote fair immi- Compensation Boards gration practices, and expand the civil and human P. O. Box 16003 rights of all immigrants. Project work groups Alexandria, VA 22302 study immigration issues including border vio- Phone: 703–313–9500 lence, immigrant women, HIV and immigrants, Fax: 703–313–0546 children in detention, incarcerated noncitizen E-mail: [email protected] defendants, and ideological visa . The National Association of Crime Victim Compensation Boards promotes the exchange of National Instant Criminal Background Check System information and ideas through a nationwide net- Operations Center work of victim compensation programs. The asso- Public Information/Customer Service ciation supports better methods for serving crime Phone: 1–877–444–6427 victims through training and technical assistance Web site: www.fbi.gov/hq/cjisd/nics/index.htm activities that help members establish sound Developed and administered by the Federal administrative practices, achieve fiscal stability, Bureau of Investigation, the National Instant and engage in effective outreach, communication, Criminal Background Check System (NICS) is a and advocacy. national computerized system that performs back- ground checks on individuals purchasing firearms. National Center on Full Faith and Credit State legislation dictates the method and require- Pennsylvania Coalition Against Domestic Violence ments for firearms background checks in each 1601 Connecticut Avenue NW., Suite 701 state. Washington, DC 20009 Phone: 1–800–256–5883, ext. 2 National Sexual Violence Resource Center Fax: 202–265–5083 123 North Enola Drive The National Center on Full Faith and Credit pro- Enola, PA 17025 motes interjurisdictional enforcement of civil and Phone: 717–909–0710 or 1–877–739–3895 criminal protection orders (per the full faith and TTY: 717–909–0715 credit provision of the Violence Against Women Act Fax: 717–909–0714 of 1994). The project provides ongoing assistance E-mail: [email protected] Web site: www.nsvrc.org and training on full faith and credit, federal firearms prohibitions, and federal domestic violence and The National Sexual Violence Resource Center stalking crimes to law enforcement officers, prose- (NSVRC) is a clearinghouse for resources and cutors, judges, court administrators and other court research about all forms of sexual violence and personnel, private attorneys, victim advocates, and assault. NSVRC works with its partner agency, the others who work with victims of domestic violence University of Pennsylvania, to provide new poli- and stalking. cies for establishing sexual violence interventions and prevention programs.

Chapter 5. Additional Justice System Responses | 15 Sacred Circle Stat. ¤ 13-90-107 (2000); Conn. Gen. Stat. ¤ 52- National Resource Center to End Violence Against 146k (2000); D.C. Code Ann. ¤ 7-1201.01 (1999); Native Women Fla. Stat. Ann. ¤¤ 90.5035, 5036 (West 1999); Haw. 722 St. Joseph Street R. Evid. 505.5 (2000); 735 Ill. Comp. Stat. 5/8- Rapid City, SD 57701 802.1, .2 (2000), 750 Ill. Comp. Stat. 60/227, Phone: 605–341–2050 or 1–877–733–7623 60/227.1 (2000); Ind. Code ¤¤ 35-37-6-1 to -11 Fax: 605–341–2472 (1999); Iowa Code Ann. ¤ 915.20A (West 1999); Sacred Circle promotes the sovereignty and safety Ky. R. Evid. 506; La. Rev. Stat. Ann. ¤ 46:2124.1 of women and works to change individual and (West 2000); Me. Rev. Stat. Ann. 16 tit. ¤¤ 53-A institutional beliefs that oppress Native women. to -C (West 1999); Mass. Gen. Laws Ann. ch. 233, ¤¤ 20J, K (West 2000); Mich. Comp. Laws Ann. Stalking Resource Center ¤ 600.2157a (West 2000); Minn. Stat. Ann. ¤ National Center for Victims of Crime 595.02(k) (West 2000); Mont. Code Ann. ¤ 26-1- 2000 M Street, Suite 480 812 (1999); N.H. Rev. Stat. Ann. ¤ 173-C:1Ð:10 Washington, DC 20036 (1999); N.J. Stat. Ann. 2A:84A-22.13Ð.15 (West Phone: 202–467–8700 2000); N.M. Stat. Ann. 1978 ¤¤ 31-25-1 to -6 Fax: 202–467–8701 (Michie 2000); N.Y. C.P.L.R. 4510 (Consol. Web site: www.ncvc.org 1999); N.D. Cent. Code ¤ 14-07.1Ð.18 (2000); The National Center for Victims of Crime’s Okla. Stat. Ann. tit. 43A ¤ 3313 (West 1999); 23 (NCVC’s) mission is to help victims of crime and Pa. Cons. Stat. Ann. ¤¤ 6116, 5309 (West 1999); their families rebuild their lives. The Stalking Tenn. Code Ann. ¤ 36-3-623 (1999); Tex. Code Resource Center provides resources, training, and Ann. ¤¤ 44.071Ð.075 (Vernon 2000); Utah Code technical assistance to criminal justice profession- Ann. ¤¤ 78-3C-1 to -4, -24-8 (1999); Vt. Stat. als and victim service providers to support locally Ann. tit. 12, ¤ 1614 (2000); Wash. Rev. Code Ann. coordinated, multidisciplinary antistalking ¤¤ 70.123.075, 42.17.310, 70.125.065, 5.60.060 approaches and responses. (West 2000); W. Va. Code ¤ 48-2C-15 (2000); Wis. Stat. Ann. ¤ 895.67 (West 1999); Wyo. Stat. Ann. ¤ 1-12-116 (Michie 2000).

Endnotes 3. Violence Against Women Office (1995). Confidentiality of Communications Between 1. Violence Against Women Office (1995). Sexual Assault or Domestic Violence Victims and Confidentiality of Communications Between Their Counselors: Findings and Model Legislation. Sexual Assault or Domestic Violence Victims Washington, DC: U.S. Department of Justice. NCJ and Their Counselors: Findings and Model 169588. Identifying four elements that are neces- Legislation. Washington, DC: U.S. Department of sary to establish a testimonial privilege, this report Justice. NCJ 169588. Congress ordered the U.S. concludes that there are persuasive policy argu- Department of Justice (see 42 U.S.C. ¤ 13942) to ments supporting the protection of counselor- analyze the justification for keeping confidential victim communications. the communications between sexual assault or domestic violence counselors and victims. This Citing Wigmore, J.H. (1961). Evidence in Trials of report is the result of that Congressional mandate. Common Law (Vol. VIII ¤¤ 2175Ð2396). Boston: Little Brown and Co.: 2. For example, Ala. Code ¤¤ 15-23-40 to -46 (2000); Alaska Stat. ¤¤ 18.66.200Ð.250 (Michie a. Communications between victims and coun- 2000); Ariz. Rev. Stat. 13-4401, -4430, 8-409 selors originate in confidence. (2000); Cal. Evid. Code ¤¤ 1035Ð1035.8, 1036, 1036.2, 1037Ð1037.7 (West 2000); Colo. Rev. b. Confidentiality is essential.

16 | Toolkit To End Violence Against Women c. Society supports the counselor-victim permanent resident parents and to parents of relationship. abused children who are not abused themselves. d. Disclosure injures the counselor-victim relation- A second provision, “cancellation of removal” ship more than it benefits litigation. (formerly called “suspension of deportation”), helps women who cannot meet the requirements 4. Violence Against Women Office (1995). for self-petitioning. To qualify for cancellation of Confidentiality of Communications Between removal, an applicant must be deportable; must Sexual Assault or Domestic Violence Victims and have been battered or subjected to extreme cruelty Their Counselors: Findings and Model Legislation. by a U.S. citizen or lawful permanent resident Washington, DC: U.S. Department of Justice. NCJ spouse or parent or must have a child abused by 169588. This report presents model confidentiality the child’s U.S. citizen or lawful permanent resi- laws, including one for an absolute privilege and dent parent; must have been continuously present one for a qualified privilege. in the United States for 3 years; and must be a person of good moral character. Cancellation of 5. For example, Cal. Gov’t Code ¤¤ 6205 et seq. removal is one step toward ending the threat of (2000); Fla. Stat. ch. 741.401 et seq. (1999); 750 deportation, which many battered immigrant Ill. Comp. Stat. 61/1 et seq. (2000); Nev. Rev. Stat. women fear nearly as much as the abuse. ¤¤ 217.462 et seq. (2000); N.H. Rev. Stat. Ann. ¤¤ 7:41 et seq. (Enacted June 12, 2000); N.J. Stat. 9. The Violence Against Women Act of 2000 Ann. ¤¤ 47:4-2 et seq. (West 2000); R.I. Gen. extends protections to battered immigrants who Laws ¤¤ 17-28-1 et seq. (2000); Vt. Stat. Ann. tit. divorce their abusers within 2 years of seeking 15, ch. 21 ¤ 1101Ð1115 (Act of May 12, 2000); VAWA relief. Wash. Rev. Code Ann. ¤¤ 40.24.010 et seq. (West 2000). 10. Violence Policy Center (2000). When Men Murder Women: An Analysis of 1998 Homicide 6. For further information, see www.ssa.gov. Data. Washington, DC: Violence Policy Center. www.vpc.org 7. A model confidentiality policy can be obtained from the Battered Women’s Justice Project—Civil 11. Ibid. Division of the Pennsylvania Coalition Against Domestic Violence (1Ð800Ð903Ð0111, ext. 2) and 12. See 18 U.S.C. ¤¤ 921Ð930. can be found in Field, J.K. (Forthcoming). The Confidentiality Manual: Protecting Confidentiality 13. Persons to whom firearms may not be sold or of Victim-Counselor Communications. Harrisburg, otherwise provided are fugitives from justice, PA:Battered Women’s Justice Project—Civil unlawful users of any controlled substance, per- Division of the Pennsylvania Coalition Against under indictment for or convicted of a crime Domestic Violence. punishable by imprisonment for more than 1 year, persons who have been adjudicated mentally 8. One of these provisions allows a married bat- defective or committed to a mental institution, tered immigrant to apply for lawful permanent res- aliens unlawfully in the United States, persons dis- idency without the assistance of her spouse if she charged from the Armed Forces under dishonor- has been subjected to extreme cruelty by her U.S. able conditions, persons who have renounced their citizen or lawful permanent resident husband and U.S. citizenship, persons who have been convicted is a person of good moral character. This process of misdemeanor domestic violence, or persons is called “self-petitioning” and removes the abu- subject to a court order restraining them from sive spouse’s ability to control his wife’s immigra- harassing, stalking, or threatening an intimate part- tion status. Self-petitioning is also available to ner or child. See 18 U.S.C. ¤ 922(d). children abused by their U.S. citizen or lawful

Chapter 5. Additional Justice System Responses | 17 14. Hart, B.J. (1999). Firearms and Protection ◆ Circumstances under which local law enforce- Order Enforcement: Implications for Full Faith ment should confiscate firearms and hold and Credit and Federal Criminal Prosecutions. alleged perpetrators for pickup by ATF. Lecture presented at the National College of ◆ Identification of the agency to which referrals District Attorneys’ Annual Domestic Violence should be made and the point of contact within Conference, Reno, NV. the appropriate agency. ◆ Coordination of prosecution in cases for which 15. 18 U.S.C. ¤ 922(t). both federal and state charges are pursued. 16. U.S. General Accounting Office (2000). Gun ◆ Specification of the type and scope of evidence Control: Options for Improving the National federal prosecutors need to go forward with Instant Criminal Background Check System. cases. Washington, DC: U.S. General Accounting Office. ◆ Cooperation between local victim service spe- p. 4 (GGDÐ00Ð56). Fifteen states have designated cialists and advocates and the victim/witness a state agency to conduct background checks on specialist within the local U.S. Attorney’s all firearms purchases, and in 24 states, the Federal Office. Bureau of Investigation (FBI) conducts firearms ◆ Appropriate storage of confiscated firearms. background checks. The 11 remaining states are ◆ Guidelines for victims or advocates for contact- partial participants; they conduct background ing local law enforcement, ATF, or the point of checks for handgun purchases, and the FBI con- contact within the local U.S. Attorney’s Office ducts checks for long gun purchases. regarding potential violations of federal laws. 17. States have the option of designating a state 19. Enacting firearms provisions in protection agency to undertake state background checks or to order codes, bail statutes, and sentencing codes or serve as the point of contact to conduct NICS guidelines is only the first step in the process of checks. States conducting their own background removing firearms from perpetrators of violence checks have access to criminal records systems against women. Many states currently allow and other databases not available through the judges to order the relinquishment of firearms, NICS system. For example, many protection ammunition, handgun permits, and/or identifica- orders that disqualify persons from possessing or tion cards when issuing protection orders. purchasing firearms and ammunition under 18 However, some judges are ambivalent about issu- U.S.C. ¤ 922(g)(8) are not available in the NCIC ing these orders. Some judges indicate that their Protection Order File, due to incompatibilities reluctance to issue firearms prohibitions is because between state protection order registries and NCIC victims do not want firearms removed, and other or the fact that many states do not enter their judges believe that firearms prohibitions should be orders into any database, state or federal. In other extraordinary relief, imposed only when there is a states, orders may be rejected by the NCIC system clear and present danger that the firearms will be because information in one or more of the re- used against adult victims and children. quired data fields has not been supplied. If the state runs a check of its own databases, including 20. Many protection order statutes allow judges to its protection order registry, it is more likely that exercise broad discretion to order any supplemen- such a prohibition will be identified. tary relief deemed necessary to prevent future abuse. 18. Such protocols should provide specific steps to clarify the roles and responsibilities of each 21. A firearms face sheet should include the names agency. Protocols should address: of persons required to relinquish weapons, the number and description of prohibited weapons, ammunition, licenses or permits, the date and time

18 | Toolkit To End Violence Against Women by which the items must be surrendered, and the In the absence of such information, “Unknown” law enforcement agency to which surrender must should be entered to indicate that this information be made. will require further investigation by the FBI when a NICS check is conducted. 22. Law enforcement frequently reports that stor- age facilities are insufficient for the requirements 27. Puerto Rico recently set up a compensation of these surrender statutes. In one state, the local program and soon will receive funds also. National Guard offices have agreed to use armories for this purpose. Other creative strategies may 28. Newmark, L., Lider, B., Benderman, J., and have to be explored to accommodate weapons Smith, B. (2001). National Evaluation of State storage. VOCA Compensation and Assistance Programs. Washington, DC: The Urban Institute. 23. In developing protocols, state and local offi- cials should note that ATF has interpreted the 29. Ibid. firearms prohibition related to protection orders to create an exemption for law enforcement to apply 30. Compensation programs currently reimburse only for the time personnel are on duty and only victims for wages lost due to violence and com- for use of service firearms (see 18 U.S.C. ¤ pensate survivors of homicide victims or drunk 925(a)(1)). State and local law enforcement may driving fatalities for their loss of support. Com- establish personnel guidelines that are more pensation funds do not pay for the loss of support restrictive than federal law. when the obligor is the perpetrator of sexual assault, dating or domestic violence, or stalking. 24. Quality-control checks should be put in place Thus, if the perpetrator flees or is incarcerated, to ensure that the protection order form includes compensation programs do not pay for lost sup- information for all required data fields prior to port due by the perpetrator to the victim. entry into NCIC. In the case of numeric identi- fiers, for example, an agency should be designated 31. Burt, M.R., Zweig, J.M., Schlichter, K., to search the issuing state’s motor vehicle or other Kamya, S., Katz, B.L., Miller, N., Keilitz, S., and records to find an NCIC-compliant number if the Harrell, A.V. (2000). 2000 Report: Evaluation of petitioner or court is unable to supply one. the STOP Formula Grants to Combat Violence Against Women. Washington, DC: The Urban 25. A “Brady indicator” is a marker within the Institute. NICS Protection Order File showing that an indi- vidual falls under the category of federally prohib- Burt, M.R., Harrell, A.V., Raymond, L.J., Iwen, ited persons by being the subject of a qualifying B., Schlichter, K., Katz, B.L., Bennett, L., and order of protection. Thompson, K. (1999). 1999 Report: Evaluation of the STOP Formula Grants Under the Violence 26. Currently, entering agencies have the choice of Against Women Act of 1994. Washington, DC: The entering “Yes,” “No,” or “Unknown” to indicate Urban Institute. whether an order qualifies under Section 922(g)(8). If nothing is entered, the field will default to “No.” Burt, M.R, Newmark, L.C., Jacobs, L.K., and If a qualifying order has nothing entered in the Harrell, A.V. (1998). 1998 Report: Evaluation of Brady indicator field, this could result in the sale the STOP Formula Grants to Combat Violence of a firearm to a disqualified person, thus placing Against Women. Washington, DC: The Urban the victim/petitioner and others in jeopardy. If Institute. there is nothing on the face of a protection order 32. Office for Victims of Crime (1998). New to indicate whether it qualifies under Section Directions From the Field: Victims’ Rights and 922(g)(8), steps should be taken to gather informa- tion from the issuing court regarding qualification.

Chapter 5. Additional Justice System Responses | 19 Services for the 21st Century. Washington, DC: Field, J.K. (Forthcoming). The Confidentiality U.S. Department of Justice. NCJ 180315 Manual: Protecting Confidentiality of Victim- Counselor Communications. Harrisburg, PA: 33. Office for Victims of Crime (2000). “Proposed Battered Women’s Justice Project—Civil Division Program Guidelines for the Victims of Crime of the Pennsylvania Coalition Against Domestic Act Crime Victim Compensation Grant Program.” Violence. Federal Register (September 20, 2000) 63: pp. 57067Ð57076. Section IV.B.7. p. 57073. Gifford, L., Adams, D., Lauver, G., and Bowling, www.access.gpo.gov/su_docs/fedreg/ M. (2000). Background Checks for Firearms a000920c.html Transfers, 1999. Washington, DC: U.S. Depart- ment of Justice. NCJ 180882

Goelman, D.M., Lehrman, F.L., and Valente, R.L., References Eds. (1996). The Impact of Domestic Violence on Your Legal Practice: A Lawyer’s Handbook. Adler D.A., and Breall, S.M. (2000). Working With Washington, DC: American Bar Association. Battered Immigrant Women: A Guide for Prosecu- tors. Volcano, CA: Volcano Press. To order, call Goldman, M. (1999). “The Violence Against Ruth Gottstein at 209Ð296Ð3445. Women Act: Meeting Its Goals in Protecting Battered Immigrant Women.” Family and Brustin, S. (1993). “Expanding Our Visions of Conciliation Courts Review 37(3): pp. 375Ð392. Legal Services Representation—The Hermanas Unidas Project.” American University Journal of Hart, B.J. (1999). Firearms and Protection Order Gender and the Law 1(1): pp. 39Ð60. Enforcement: Implications for Full Faith and Credit and Federal Criminal Prosecutions. Lecture Callanan, R. (1996). “My Lips Are Sealed: The presented at the National College of District Need for a Testimonial Privilege and Confidentia- Attorneys’ Annual Domestic Violence Conference, lity for Victim-Advocates.” Hamline Journal of Reno, NV. Public Law and Policy 18(1): pp. 226Ð250. Immigration and Naturalization Service (1996). Coto, V. (1999). “Beyond/Between Colors: “Petition To Classify Alien as Immediate Relative LUCHA, The Struggle for Life: Legal Services for of a United States Citizen or as a Preference Battered Immigrant Women.” University of Miami Immigrant; Self-Petitioning for Certain Battered or Law Review 53(4): pp. 749Ð760. Abused Spouses and Children.” Federal Register (March 26, 1996) 59: pp. 13,061Ð13,079. Dutton, M.A., Orloff, L.E., and Hass, G.A. (2000). “Characteristics of Help-Seeking Behaviors, Jang, D.L., Marin, L., and Pendleton, G. (1997). Resources and Service Needs of Battered Immi- Domestic Violence in Immigrant and Refugee grant Latinas: Legal and Policy Implications.” Communities: Asserting the Rights of Battered Georgetown Law Center Journal on Poverty Law Women. San Francisco, CA; Boston, MA; and San and Policy 7(2): pp. 245Ð305. Francisco, CA: Family Violence Prevention Fund, National Immigration Project of the National Field, J.K. (Forthcoming). A Chart of State Lawyers Guild, Inc., and Northern California Statutes Concerning Confidentiality and Domestic Coalition for Immigrant Rights. Violence and Sexual Assault Counselors. Harrisburg, PA: Battered Women’s Justice Loke, T. (1997). “Trapped in Domestic Violence: Project—Civil Division of the Pennsylvania The Impact of United States Immigration Laws on Coalition Against Domestic Violence. Battered Immigrant Women.” Boston University Public Interest Law Journal 6(2): pp. 589Ð628.

20 | Toolkit To End Violence Against Women Maher, Pendleton, G., Orloff, L.E., Kaguyutan, J., Accessible to Battered Immigrants: A “How To Valente, R.L., Goelman, D.M., and Garlow, B.J. Manual” for Advocates and Service Providers. (Forthcoming). Domestic Violence and Immigra- Washington, DC: Ayuda, Inc. Order from NOW tion. Washington, DC: American Bar Association Legal Defense and Education Fund, $30. Commission on Domestic Violence. Orloff, L.E., and Rodriguez, R. (1997). Barriers Murphy, W.J. (1998). “Minimizing the Likelihood to Domestic Violence Relief and Full Faith and of Discovery of Victims’ Counseling Records and Credit for Immigrant and Migrant Battered Other Personal Information in Criminal Cases.” Women. Austin, TX: Migrant Clinicians Network. New England Law Review 32(4): pp. 983Ð1,022. Orloff, L.E., Jang, D., and Klein, C. (1995). “With National Immigration Project of the National No Place To Turn: Improving Legal Advocacy for Lawyers Guild (2001). Resources on New Rights Battered Immigrant Women.” Family Law for Battered Immigrants. Boston, MA: National Quarterly 29(2): pp. 313Ð330. Immigration Project of the National Lawyers Guild. Training materials for attorneys and service Ramos, M.D., and Runner, M.W. (1999). Cultural providers helping with VAWA Immigration Considerations in Domestic Violence Cases: A Applications, $16 (basic packet); order from the National Judge’s Benchbook. San Francisco, CA: National Immigration Project of the National Family Violence Prevention Fund. Order from Lawyers Guild, 617Ð227Ð9727. Family Violence Prevention Fund, 415Ð252Ð8900.

National Latino Alliance for the Elimination of Rennison, C.M., and Welchans, S. (2000). Inti- Domestic Violence (1997). Symposium Report: mate Partner Violence. Washington, DC: U.S. National Latino Alliance for the Elimination of Department of Justice. NCJ 178247 Domestic Violence (Alianza Latina Nacional Para Erradicar La Violencia Domestica). Washington, Violence Against Women Office (1995). Con- DC: U.S. Department of Health and Human fidentiality of Communications Between Sexual Services. Assault or Domestic Violence Victims and Their Counselors: Findings and Model Legislation. Newmark, L., Lider, B., Benderman, J., and Washington, DC: U.S. Department of Justice. Smith, B. (2001). National Evaluation of State NCJ 169588 VOCA Compensation and Assistance Programs. Washington, DC: The Urban Institute. Violence Policy Center (2000). When Men Murder Women: An Analysis of 1998 Homicide Data. Office for Victims of Crime (1998). New Washington, DC: Violence Policy Center. Directions From the Field: Victims’ Rights and www.vpc.org Services for the 21st Century. Washington, DC: U.S. Department of Justice. NCJ 180315 Volpp, L. (1994). “(Mis)Identifying Culture: Asian Women and the ‘Cultural Defense.’” Harvard Orloff, L.E. (1999). “Access to Public Benefits Women’s Law Journal (Spring) 17: p. 57. for Battered Immigrant Women and Children.” Clearinghouse Review 33(5/6): pp. 237Ð256. Volpp, L., and Marin, L., Eds. (1995). Working With Battered Immigrant Women: A Handbook To Orloff, L.E. (1999). Directory of Programs Make Services Accessible. San Francisco, CA: Serving Battered Immigrant Women. New York, Family Violence Prevention Fund. Available in NY: NOW Legal Defense and Education Fund. English and Spanish, $8; order from Family Violence Prevention Fund, 415Ð252Ð8900. Orloff, L.E., and Little, R. (1999). Somewhere To Turn: Making Domestic Violence Services

Chapter 5. Additional Justice System Responses | 21 Warren, E.B. (1995). “She’s Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege.” Cardozo Law Review 17(1): p. 141.

Zorza, J. (1995). “Recognizing and Protecting the Privacy and Confidentiality Needs of Battered Women.” Family Law Quarterly 29(2): pp. 273Ð311.

22 | Toolkit To End Violence Against Women Economics Develop com- Develop Expand emer- Design compre- Provide welfare, Provide job training, and employment Support the design, development, evaluation, and replication of com- Invest in job training and education programs for survivors in job training and education programs of sexual assault Invest hensive strategies that protect victims of sexual assault, strategies that protect victims of hensive domestic violence, and or sexual children are at risk of physical stalking and protect mothers whose abuse. Implement policies and programs that support and self- both the safety and programs Implement policies clients. sufficiency of welfare services that are comprehensive, culturally and linguistically competent, and and economic security. lead to permanent employment supportPromote the safe pursuit of child whenever possible, and consider exemptions from paternity and child support requirements in cases in which cannot be overcome. risks to the custodial parent or child policies and programs. Increase the responsiveness of housing risks facing victims of sexual responses to the housing-related prehensive assault, domestic violence, and stalking. and educational opportuni- programs of job training Increase the availability ties. and domestic violence. Enhance the safety and economic security of at-risk families and survivors of abuse. initiatives,munity development programs. including microenterprise development Eliminate the economic crisis that often follows victimization. Eliminate the economic to victims of sexual assault, financial assistance available gency and dating domestic violence, and their families. and stalking Chapter 6. Promoting Women’s Economic Security Economic Women’s 6. Promoting Chapter What Communities Can Do To Make Make To Do Can Communities What a Difference Chapter 6-Tab 10/29/01 9:33 AM Page 1 AM Page 9:33 10/29/01 6-Tab Chapter Chapter 6 Promoting Women’s Economic Security

iolence against women raises complex eco- perpetrator’s violence. The scarcity of safe, afford- nomic issues for individual women and able housing for victims undermines the efforts of V their children and for the entire nation. many survivors of sexual assault, domestic vio- Regardless of their prior economic circumstances, lence, and stalking to get away from perpetrators many women are placed at financial risk or are of violence and find safety. impoverished after being sexually assaulted, bat- tered, or stalked. Data from the National Crime Over the past several decades, welfare and other Victimization Survey for 1992 through 1996 indi- government benefits—including subsidized hous- cate that during each of these years, more than ing programs—have provided financial assistance 42,400 women were sexually assaulted while they and other economic supports to adult survivors of were working or on duty.1 Regardless of whether child sexual abuse and countless battered and sexual assault occurs in or out of the workplace, it abused women. Assistance programs must consid- can impair an employee’s work performance, er the safety needs of survivors of sexual and require her to take time away from work, and domestic violence, particularly those from poor undermine her professional life. Young women and economically at-risk families, to avoid endan- fleeing child sexual abuse may drop out of school gering lives or limiting the ability of survivors to with limited job skills, lack any source of income, escape from abusive partners, other abusive family and become homeless. Mental health services that members, or unsafe neighborhoods. assist adult women in recovering from the trauma of child sexual abuse or severe abuse as an adult Economic security is the availability of a steady are often not available, not routinely covered by and reliable source of income to sustain daily liv- health insurance plans, or too expensive. ing for oneself and one’s family and to allow plan- ning for the future. To increase economic security Batterers frequently control their partners by limit- for victims of sexual assault, dating and domestic ing their partner’s access to cash, checking violence, and stalking, a coordinated, interdiscipli- accounts, and transportation and by sabotaging nary, and multilevel response is required. For more their educational, job training, and employment women to be free from the constraints of violence, opportunities.2 Some abusers purposefully damage access to real economic options must be available. their partner’s credit, which affects the partner’s Such options include affordable and safe housing ability to secure housing and other economic and childcare, adequate employment opportunities, resources. Some victims of sexual assault and financial assistance when necessary, and compre- domestic violence become economically vulnera- hensive, affordable health services (including ble due to liability for property damage or because mental health services). of medical and legal fees; others lose insurance coverage, housing, or childcare as a result of a

| 1 Secure the Economic Safety limit on federal welfare benefits, tougher work requirements, stricter child support cooperation Net: The Need for Community provisions, and increased pressure on states to Action reduce overall welfare caseloads. Many states adopted even shorter lifetime limits on welfare Battered women and sexual assault victims have receipt or requirements for recipients to stop demonstrated remarkable courage and resilience in receiving benefits for a period of time before they the face of violence. Many women have been able are eligible to reapply. The new federal welfare to rely on family, friends, neighbors, coworkers, or rules also allow states to voluntarily adopt a members of their faith community for the neces- Family Violence Option under which greater flexi- sary support to survive. Others have received bility and protections can be offered to individual assistance from community programs that have welfare recipients who will be endangered by the 5 helped them recover and find safety. For some new provisions. Many states, however, have been women, however, the physical and emotional trau- slow to put in place the policies, procedures, and ma of sexual assault or dating or domestic vio- training necessary to support women and children 6 lence, either as children or adults, is debilitating most at risk. and longlasting, interfering with education and A large number of battered women are interested employment throughout their lives, as well as in establishing paternity and pursuing child sup- daily living. For too many women and their chil- port if they can do so safely.7 They recognize that dren, sexual assault and domestic violence cause, time-limited welfare benefits or the wages from a exacerbate, or prolong poverty and homelessness. low-paying job will not be adequate to support Research and practice have shown that violence their families. Other women, including some bat- against women occurs in all social groups regard- tered women and the mothers of sexually or physi- less of age, race, ethnicity, sexual orientation, or cally abused children, justifiably fear that paternity economic circumstances. However, the intersec- and child support actions will renew violence if tion of poverty, welfare, and violence against they alert the abuser to the victim’s location, pre- women is particularly important. Most single cipitate contact between the abuser and victim, mothers live below or close to the poverty level. It and/or result in custody or visitation arrangements is estimated that between 9 and 23 percent of cur- dangerous to the mother or child. Flexible rent welfare recipients have experienced domestic responses are needed to help custodial parents violence in the past 12 months, with upwards of safely pursue child support whenever possible and 70 percent reporting abuse in their lifetime.3 In to protect them when child support actions would 8 one study involving public assistance recipients, place the mother or child at risk. 20 percent of the women surveyed reported being Another safety net issue is insurance discrimina- sexually abused as children and 18 percent report- tion. Although many states have adopted legisla- ed being physically and sexually abused while tion to prohibit insurance discrimination against growing up. Significant numbers of adolescents victims of domestic violence and, less frequently, who become pregnant report being sexually victims of sexual assault, such efforts have not abused as children.4 reached all states and territories, leaving many In 1996, Congress adopted the Personal Respon- women unprotected. Insurance practices may sibility and Work Opportunity Reconciliation Act. unfairly deny or limit these victims’ access to The new law replaced the Aid to Families With insurance or result in higher premiums or exclu- Dependent Children program with the Temporary sions. These practices penalize and discourage vic- Assistance to Needy Families (TANF) program tims from seeking necessary medical and criminal and made profound changes to this nation’s wel- justice services for fear that information contained fare system. TANF funds are tied to a new 5-year in their court or medical records will be used

2 | Toolkit To End Violence Against Women against them by insurance companies. They also than 50 percent of their incomes in rent.12 The wait deter victims from filing necessary and rightful for a public housing unit can exceed 2 years. The insurance claims. shortage of affordable housing is particularly chal- lenging to women survivors of violence who are Ensuring that a safety net remains in place for all older and live on fixed incomes, single women women who seek escape from violence requires with children, women of color who also face racial coordinated attention to a wide range of policy discrimination, and women with low or no and practice issues: welfare and other public bene- incomes. fits programs, child support, childcare, transporta- tion, and insurance. Communities are urged to place a priority on cre- ating affordable housing units and upgrading the existing public housing stock. Economic incen- Enhance All Women’s Access to tives can be employed to encourage private hous- ing management companies and public housing Safe and Affordable Housing authorities to offer safe and affordable housing to victims of sexual assault, domestic violence, and Without adequate housing options, women often stalking. cannot leave an abusive relationship or unsafe neighborhood. Victims of sexual assault or stalk- ing by strangers or relatives other than an intimate partner may not qualify for emergency shelter, Invest in Women’s Safety and housing subsidy programs, or transitional housing Economic Security: Job Training, programs designed specifically for victims of abuse by an intimate partner. Teenage girls who Education, Employment, and flee child sexual abuse at home or violence in their Government Benefits dating relationships often are turned away from homeless and domestic violence shelters due to Efforts to ensure equal employment opportunities, their status as minors. Many battered women’s job security, and real economic options for all shelters and other emergency housing programs women will increase a woman’s ability to leave an limit residents’ stays to only 30 or 60 days abusive relationship and unsafe living conditions. because of high demand and funding restrictions. Many survivors of violence risk losing their jobs Women with a substance abuse problem—a prob- when they take time off from work to go to court, lem often directly related to their victimization— move out of a dangerous home, or seek medical, have even fewer options. As a result, these women mental health, or advocacy services. In most often find themselves homeless or in inadequate, states, if a person voluntarily leaves a job for rea- unsafe, or unstable housing conditions. sons unrelated to the job, that person is disquali- fied from receiving unemployment insurance. A significant number of homeless women have Workplace policies and government benefits pro- histories of child sexual abuse9 or domestic vio- grams, such as unemployment and worker’s com- lence.10 Recent research shows that women who pensation and family and medical leave, can be live in public housing face high rates of violence, better structured to respond to the safety and eco- particularly by people they know.11 In addition to nomic security needs of survivors of sexual assault these pressures, recent changes in public housing and domestic violence. policy and programs may place some women dependent on such housing at additional risk. Over the past 50 years, women’s enrollment in higher education programs has increased dramati- This nation is experiencing record-low vacancy cally. Women now account for more than one-half rates and rents that are rising at twice the rate of of all undergraduate students, although women inflation. More than 5 million families pay more continue to earn fewer graduate and postgraduate

Chapter 6. Promoting Women’s Economic Security | 3 degrees. Studies have found that postsecondary Secure the Economic Safety Net for education increases women’s income, improves Victims of Violence Against Women their self-esteem, increases their children’s educa- tional ambitions, and has a dramatic impact on 1. Eliminate the economic crisis facing many victims their quality of life.13 Research also shows that of sexual assault, domestic violence, and stalking by women with college and advanced degrees spend designing and implementing programs to provide sta- less time on welfare and earn more than women bility to victims and their families immediately following with a high school education or less.14 To support victimization. women’s long-term economic security, educational Create or expand emergency assistance pro- opportunities must be enhanced at multiple levels, grams to provide funds for mortgage, security, including increasing opportunities to earn a general or rent payments for victims forced to relocate; equivalency diploma (GED), enroll in literacy pro- repairs and maintenance of property damaged grams, and obtain a higher education. Educational during an attack (including the replacement of programs should be structured to take into account phones and clothes or equipment required for those students whose histories of child sexual work); the installation of security systems; and abuse or sexual, dating, or domestic violence as an other expenses associated with the recent adult has affected their educational attainment. victimization. Widely publicize that these funds are available Long-term economic security is particularly cru- and ensure that they can be easily and quickly cial for older women who are victimized by physi- obtained through multiple access points. cal and sexual violence. Because women in later Ensure that survivors of violence have routine life may be unemployed, facing discrimination in access to safe and reliable transportation to employment, or living on fixed incomes, public assist them in relocating and obtaining medical policies that specifically improve older women’s and mental health care, justice system protec- economic security are needed. tions, sexual assault and domestic violence Outlined below are specific actions communities services, and other assistance available in the can take to promote women’s economic security community. To respond to the crisis needs of and play a role in ending violence against women. victims, consider providing grants or low-cost Community members who will want to consider loans to be used for car repair or purchase, bus these recommendations include community social or subway passes, or the development or expan- service agencies, welfare and child support agen- sion of special transportation. cies, state victim compensation programs, and sex- Create and adequately fund emergency childcare ual assault and domestic violence programs; and respite care programs that support the sur- businesses and trade associations involved in secu- vivors’ ability to pursue court protections, secure rity and communications, such as home security other emergency services, and stabilize their companies, cellular phone companies, and lock- families after victimization. Situate these pro- smiths; national, state, and county bar associa- grams in places that are accessible to necessary tions, law school clinics, state judicial systems, crisis intervention and protective services, such and lawyer’s organizations; credit reporting agen- as in courthouses, social services agencies, sexu- cies and consumer groups; state and local law al assault and domestic violence crisis agencies, enforcement agencies and state victim compensa- and medical and counseling programs. tion programs; state and local government and Provide emergency sexual assault and domestic childcare provider networks; insurance industry violence program services without restriction to associations and insurance companies; public and “nonqualified aliens” per order of the U.S. private housing agencies; and public and private Attorney General (Attorney General Order employers, institutions of higher education, job Number 2049–96, U.S. Department of Justice), training and employment programs, and advocacy and work with immigrant and refugee rights groups.

4 | Toolkit To End Violence Against Women organizations to raise awareness of this policy 5. Explore ways to fully cover the costs of forensic within immigrant and refugee communities. medical exams for sexual assault victims without seek- ing reimbursement from the victim or from any public Authorize state compensation funds to cover or private health insurance under which she might expenses related to the emergency housing, otherwise be covered, and without requiring the victim transportation, relocation, childcare, and securi- to report the crime to any public or private health ty requirements of abused and stalked adults insurance plans. and to cover gaps in worker’s compensation coverage for otherwise eligible victims of sexu- Consider earmarking state, county, and local al assault, domestic violence, and stalking. law enforcement funds; designating fees and fines; or modifying state victim compensation Consolidate and make readily available infor- program policies and funding priorities to mation on financial assistance, housing, health ensure coverage of forensic medical exam care, and other benefits available to seniors, and costs. expand advocacy and services networks. For related recommendations, see Toolkit chapter 2. Donate security and communications services or “Improving the Justice System Response.” underwrite the costs of security-enhancing products and services for women requesting such assistance 6. Design and implement welfare policies and prac- through community-based programs or the courts. tices that enhance both safety and self-sufficiency for Increase the number of programs that provide all welfare clients, including victims of sexual assault, cell phones or e-mail accounts and cover the dating and domestic violence, and stalking. costs of phone installation or monthly service Develop and implement welfare policies and charges for women in ongoing danger. Provide practices that provide for the following: women needing to relocate or engage in job Clear and multilingual notices that fully searches with safe and private access to those describe welfare and child support program accounts. services and requirements, any temporary relief from program requirements that is 3. Provide incentives, including technical assistance, for private law firms and individual attorneys to offer available, the process to access such pro- free, low-cost, or sliding scale representation for grams and relief, and any rights to appeal women survivors of , sexual assault, adverse decisions. and dating and domestic violence. Informed, confidential, and voluntary dis- Increase the availability of representation in all closures of past or current sexual, dating, areas of civil law, including divorce, child cus- or domestic violence by applicants and tody, public benefits, property/real estate, and recipients. landlord/tenant disputes, and help women Individualized assessments by trained staff of explore the feasibility of filing personal injury a client’s support needs and any barriers to suits against perpetrators. participation in training or employment activ- ities, including past or current abuse. 4. Design and implement credit policies and programs Referrals to sexual assault and domestic vio- to help women survivors recover from damage to their lence victim services. credit caused by an abuser, establish or reestablish credit in their own names, and protect themselves Referrals to other support services, including against future . substance abuse and mental health services as appropriate, without being inappropriately Protect privacy and confidentiality interests of classified as mentally disabled. survivors in all policies and programs. Flexible, individualized, and culturally and linguistically competent responses to the

Chapter 6. Promoting Women’s Economic Security | 5 safety and support needs of each applicant or Provide training for all employment, training, recipient. and welfare-to-work placement staff and When appropriate, temporary waivers, contractors. exemptions or extensions from work, time Incorporate information about violence limits, child support cooperation, or other against women, including child sexual abuse, requirements as allowed under the Family and its impact on women’s employment and Violence Option and other provisions. the types of educational, employment, mental Face-to-face presanction screenings to deter- health services, and/or protections some mine when noncompliance with requirements women will need to move safely from wel- is related to sexual abuse or dating or domes- fare to work and to sustain employment. tic violence and a plan to respond if disclo- Develop formal memorandums of understand- sure of abuse occurs during the assessment ings or other agreements between public wel- process. fare, employment, and training agencies and Assurances that the confidentiality of infor- sexual assault and domestic violence victim mation provided on abuse and all records advocacy programs. containing such information is safeguarded. Define how referrals of welfare applicants Provide public assistance to otherwise eligible and recipients will occur, the specific servic- immigrants, refugees, and persons seeking asy- es and support available from each agency lum who are survivors of sexual assault, dating for survivors of abuse, and how ongoing and domestic violence, and stalking regardless communication and collaboration will be of their legal status. structured. Ensure the ongoing availability of benefits Develop similar agreements between necessary to protect life and provide safety, welfare-to-work agencies and substance such as emergency shelter, food assistance, abuse and mental health and other social and crisis counseling, to immigrants regard- service agencies to ensure that a comprehen- less of their immigrant status. sive network of services and supports is available. Note that battered immigrants who are eligi- ble for relief under the Violence Against Where available, use TANF surpluses, current Women Act (VAWA) and refugees and per- TANF block grant funds, and state Maintenance sons seeking asylum also may be eligible to of Effort (MOE) and welfare-to-work dollars to receive public assistance. expand the services available to victims of sex- ual assault, dating and domestic violence, and Provide multilevel training to welfare intake stalking. staff, caseworkers, and supervisors, including Expand the availability of sexual assault and Basic training for all agency personnel on domestic violence services and mental health violence against women and its implications and substance abuse services responsive to for families seeking welfare benefits. victims of sexual assault and dating and Advanced training for caseworkers and domestic violence, including adult survivors supervisors on the state’s policies and proce- of child sexual abuse who are applying for or dures and other related responses to violence receiving public benefits. against women. Where allowed, use such funds to expand Periodic inservice training on new research training and cross training of welfare and and program developments, including policy child support staff, employment and training revisions. personnel, and sexual assault and domestic violence program staff.

6 | Toolkit To End Violence Against Women 7. Help custodial parents to safely establish paternity Train all matrimonial, family, and surrogate and pursue child support whenever possible, and pro- court judges on the issues of sexual assault, vide exemptions from paternity and child support domestic violence, and stalking and their rela- requirements only when the safety risks to custodial tionship to divorce, custody, and visitation parents or children cannot be overcome. agreements. Develop and disseminate clear and multilingual materials that explain how the child support 8. Communicate options for safe, affordable childcare system works, including the court’s role in the available in the community to victims of domestic process and the protections available to custodi- violence. al or noncustodial parents who are themselves Develop and implement policies and procedures at risk or whose children are at risk. responsive to the safety interests of women and Protect the confidentiality of at-risk custodial children. parents or their children, including the use of Train childcare and early childhood program flags in case files and registries, and minimize workers to recognize possible exposure of chil- or eliminate any face-to-face contact between dren to sexual assault or domestic violence, and the abuser and victim. make appropriate referrals to services for both Train all child support, welfare, court, and mothers and children. paternity establishment program personnel who will come into contact with survivors of sexual For related recommendations, see Toolkit chapter assault, domestic violence, and stalking to iden- “Early Intervention and Prevention with Children tify and discuss child support issues with custo- and Youth.” dial and noncustodial parents who are victims Enhance All Women’s Access to Safe and of abuse and interact effectively with abusers. Affordable Housing Colocate welfare and child support staff, where appropriate, and form joint working groups to 9. Review and modify, as necessary, existing housing develop and implement policies and protocols policies and programs to increase their responsiveness that address safety concerns. to the needs of women who have experienced or are at During civil or criminal protection order pro- risk of violence. ceedings, inform victims if and how temporary Collaboratively develop and use tools to assess or permanent child support orders or other the impact of current and future national, state, orders for payment of household expenses can and local housing policies and programs on be included in ex parte (without notice to the women’s short- and long-term safety and hous- other party) or temporary orders and final ing needs. Modify policies and practices deter- orders. mined to place women in danger or at risk of Explore mechanisms to address child support, homelessness. safety, and advocacy issues within the context Continue to identify how the crime prevention of domestic violence court proceedings, particu- policies of the public housing authority enhance larly protection order hearings, and other civil or compromise housing-related safety for sur- and criminal proceedings in which domestic vivors, and implement solutions to the problems violence or child abuse concerns have been identified in policy and practice. Of particular raised. concern are crime reduction policies that Implement statewide Address Confidentiality expose a victim to the risk of eviction because Programs to enable survivors to receive child her partner or ex-partner is violent, has caused support and other public benefits without dis- property damage, has threatened other tenants, closing their home or work addresses or the or has violated family one-strike policies. location of their children.15

Chapter 6. Promoting Women’s Economic Security | 7 Design and implement procedures to ensure welfare-to-work dollars to expand the availabili- that victims of sexual assault, dating or domes- ty of housing to victims of sexual assault, tic violence, or stalking who need to transfer domestic violence, and stalking. between public housing units for safety reasons can do so in a timely fashion. 11. Incorporate women’s safety and security in the Design and implement policies to ensure that design, development, management, inspection, and financing of public and private housing. sexual assault or domestic violence victims who hold joint Section 8 certificates with an abusive Explore economic incentives such as federal family or household member are able to keep loan requirements, tax policies, and subsidies to the Section 8 certificate if they choose to vacate encourage private housing management compa- their apartment for safety reasons. nies and public housing authorities to develop Identify and implement strategies to ensure that emergency, short-term, transitional, and long- all women with Section 8 certificates have term housing for women survivors of sexual information about and access to sexual assault assault and domestic violence. and domestic violence services. Adopt and enforce housing codes and regula- Identify and remove barriers that may discour- tions that provide minimum safety standards for age residents from seeking help concerning vio- all residential properties, including lighted lence against women. Of particular concern in walkways, secure doors and entrances, and the course of seeking help are the handling of working pay phones. For larger properties, disclosures that might represent violations of include emergency call boxes and screen securi- tenancy agreements (for example, information ty officers and all onsite personnel to see if they about a batterer’s presence in the apartment) have a history of violent behavior. Ensure that and concerns about confidentiality. shared laundry facilities or other service areas are well lit and secure. 10. Review and modify national, state, and local Vigorously enforce city ordinances that protect housing policy, and explore funding opportunities to tenants of both residential and commercial increase women’s access to safe and affordable property from sexual assault or abuse by land- housing. lords and other housing personnel. Provide safe Prioritize local housing development policies ways for tenants to report abusive managers to that support the creation of affordable housing landlords. units. Include nonprofit and for-profit develop- Require landlords to be diligent in ensuring the ers, investors, and lenders in collaborative safety of all tenants. efforts with community advocates to ensure that Educate local government authorities about sex- local housing needs are met, especially in sub- ual assault, dating and domestic violence, and urban communities with high housing costs and stalking and the need for safe, affordable hous- few rental units. ing for victims. Encourage commitments to maintain and expand the number of available affordable 12. Collaboratively develop and implement training housing units to upgrade existing public hous- and technical assistance programs specific to violence ing stock. against women for federal, state, and local housing agencies, campus housing programs, and nonprofit Implement fair housing laws and regulations to and community-based organizations. specifically protect housing subsidy recipients from discrimination based on their source of Design and implement cross-training programs income. that address violence against women and the housing, safety, and service issues that arise Explore the use of TANF surpluses, current from such violence. TANF block grant funds, state MOE, and

8 | Toolkit To End Violence Against Women Ensure that law school courses and continuing For related recommendations, see Toolkit chapter education courses on housing law, including “Promoting Safety and Nonviolence in the fair housing and landlord-tenant law, incorpo- Workplace.” rate information about sexual assault and dating and domestic violence. 16. Provide increased resources to develop job train- ing programs for women survivors of violence and increase the range of women’s educational opportuni- Enhance Job Training, Education, and ties and access to them. Employment for Women Foster and support collaboration between edu- 13. Expand efforts to ensure a safe work environment cational institutions (e.g., literacy and GED pro- for all employees, including job protection for victims grams, vocational schools, community colleges, of sexual assault and domestic violence who are tem- other colleges and universities, and adult educa- porarily unable to work or work full time. tion programs) and sexual assault and domestic violence programs. 14. Provide unemployment benefits, worker’s compen- Increase access to safe, affordable, and accessi- sation, and family and medical leave that are respon- ble childcare and access to transportation for sive to the needs of survivors of sexual assault, student victims of violence against women. domestic violence, and stalking. Widely disseminate information about college Consider providing worker’s compensation options, application and selection processes, benefits to employees who are assaulted or career mapping, and distance learning opportu- harassed in the workplace or during work- nities. Ensure that financial aid information is related activities and incur medical or mental user-friendly. health costs as a result of the abuse. Encourage girls and young women to partici- Encourage the use of state Family and Medical pate in nontraditional studies and work, particu- Leave laws to allow victims of sexual assault, larly in math, the sciences, computer science, domestic violence, and stalking or their family information technology, and the trades. members to use leave to address issues related to their victimization. 17. Expand the capacity of sexual assault and domes- Ensure that disclosure of a history of sexual tic violence programs to help women achieve greater assault, dating or domestic violence, or stalking economic independence. shall not be adequate cause for failure to hire, Through targeted funding, training, and techni- promote, or terminate an employee. cal assistance, increase the ability of advocates to build effective partnerships with training and 15. Ensure that the design and implementation of employment programs, and provide direct assis- Welfare-to-Work and related job-training programs are tance to women seeking to set and achieve their responsive to both the safety and self-sufficiency needs of victims of violence. education and employment goals. Include related training information on how 18. Design community economic development pro- current or past sexual or physical abuse might grams that support women’s safety, economic self- affect a trainee’s participation and success, and sufficiency, and long-term economic security. appropriate responses to disclosures of child Dedicate funds to support the design, develop- sexual abuse, or current or past adult sexual ment, evaluation, and replication of community assault, dating or domestic violence, or stalking. development initiatives, including microenter- Implement workplace safety policies and prac- prise development programs, that enhance the tices to protect participants in job training pro- safety and economic security of survivors of grams from stalkers, abusive partners, and other abuse and at-risk families. trainees.

Chapter 6. Promoting Women’s Economic Security | 9 Resources National Resource Center on Domestic Violence 6400 Flank Drive, Suite 1300 Harrisburg, PA 17112 Center for Impact Research (formerly the Phone: 1–800–537–2238 Taylor Institute) TTY: 1–800–553–2508 926 North Wolcott Fax: 717–545–9456 Chicago, IL 60622 Phone: 773–342–0630 The National Resource Center on Domestic Fax: 773–342–5918 Violence (NRC) is a valuable source for informa- Web site: www.impactresearch.org tion, training, and technical assistance regarding The Center for Impact Research (CIR) works domestic violence issues. NRC also is a clearing- toward the elimination of poverty through grass- house for resources and statistics that may be used roots research and poverty solutions crafted in to enhance policies and publications that are in collaboration with low-income persons, communi- research stages. ty-based organizations, and governmental agen- National Sexual Violence Resource Center cies. CIR’s publications include several documents 123 North Enola Drive addressing the relationship between poverty and Enola, PA 17025 domestic violence as well as a newsletter that cov- Phone: 1–877–739–3895 ers developments in the field. TTY: 717–909–0715 Fax: 717–909–0714 Center for Law and Social Policy Web site: www.nsvrc.org 1616 P Street NW., Suite 150 Washington, DC 20036 The National Sexual Violence Resource Center Phone: 202–328–5140 (NSVRC) is a clearinghouse for resources and Fax: 202–328–5195 research about all forms of sexual violence and Web site: www.clasp.org assault. NSVRC works with its partner agency, the University of Pennsylvania, to provide new poli- The Center for Law and Social Policy (CLASP) cies for establishing sexual violence interventions focuses on increasing economic security for poor and prevention programs. families with children and securing access to the civil justice system. CLASP efforts include policy Violence Against Women Online Resources advocacy, policy research, technical assistance, Web site: www.vaw.umn.edu preparation of manuals and guides, training, con- ferences, and publications. This Web site provides up-to-date information on interventions to stop violence against women for Commission on Domestic Violence—Law School professionals in the fields of law, criminal justice, Initiative Project advocacy, and social service. American Bar Association 740 15th Street NW. Welfare Information Network Washington, DC 20005–1022 Web site: www.welfareinfo.org Phone: 202–662–8637 Fax: 202–662–1594 This Web site is a clearinghouse for information Web site: www.abanet.org/domviol resources, policy analysis, and technical assistance on welfare reform. This American Bar Association Web page provides online links and resources for people who need YWCA of the U.S.A. counseling following a domestic violence incident 350 Fifth Avenue, Third Floor and people who are searching for publications New York, NY 10118 about violence against women. Phone: 212–273–7800 Web site: www.ywca.org

10 | Toolkit To End Violence Against Women YWCA’s mission—to empower women and girls 5. Temporary Assistance to Needy Families— and eliminate racism—is the guiding principle for Final Rule. 45 C.F.R. pt. 260, et al. Washington, all YWCA child care, shelter, health, fitness, and DC: U.S. Department of Health and Human social justice programs. YWCA is a leader in vio- Services (Apr. 10, 1999). See also Federal lence prevention; provides shelter and child care Register: April 12, 1999 (Volume 64, Number 69), services; offers employment training and place- pp. 17719–17931. ment; oversees sports and physical fitness pro- grams for women and girls; provides breast cancer 6. Raphael, J., and Haennicke, S. (1999). Keeping referrals, screenings, and education services; and Battered Women Safe Through the Welfare-to- is a pioneer in the fight for social justice. Work Journey: How Are We Doing? A Report on the Implementation of Policies for Battered Women in State Temporary Assistance for Needy Endnotes Families (TANF) Programs. Chicago, IL: Taylor Institute. www.welfareinfo.org 1. Bureau of Justice Statistics (1998). Workplace Violence, 1992–96. Special Report. Washington, 7. Pearson, J., Thoennes, N., and Griswold, E.A. DC: U.S. Department of Justice. NCJ 168634 (1999). “Child Support and Domestic Violence: the Victims Speak Out.” Violence Against Women 2. Raphael, J., and Tolman, R.M. (1997). Trapped 5(4): pp. 427–448. By Poverty, Trapped By Abuse: New Evidence Documenting the Relationship Between Domestic 8. Roberts, P. (1999). “Pursuing Child Support Violence and Welfare. Chicago, IL/Ann Arbor, MI: for Victims of Domestic Violence.” In R.A. Taylor Institute and University of Michigan Brandwein (Ed.), Battered Women, Children, and Research Development Center on Poverty, Risk, Welfare Reform: The Ties that Bind. Thousand and Mental Health. Oaks, CA: Sage Publications, pp. 59–78.

Raphael, J. (1996). Prisoners of Abuse: Domestic Turetsky, V. (1997). Implementing the Family Violence and Welfare Receipt (A Second Report of Violence Option: Lessons from Child Support the Women, Welfare, and Abuse Project). Chicago, “Good Cause” Policies. Washington, DC: Center IL: Taylor Institute. for Law and Social Policy.

3. Lyon, E. (2000). Poverty, Welfare, and Abused 9. Interagency Council on the Homeless (1999). Women: New Research and Its Implications. Homelessness: Programs and the People They Harrisburg, PA: National Resource Center on Serve (Technical Report). Washington, DC: U.S. Domestic Violence. Department of Housing and Urban Development.

4. Boyer, D. (1999). “Childhood Sexual Abuse: 10. U.S. Conference of Mayors (1998). A Status The Forgotten Issue in Adolescent Pregnancy and Report on Hunger and Homelessness in America’s Welfare Reform.” In R.A. Brandwein (Ed.), Cities—1998. Report presented at the 1998 U.S. Battered Women, Children, and Welfare Reform: Conference of Mayors, Washington, DC. The Ties that Bind. Thousand Oaks, CA: Sage 11. Renzetti, C., and Maier, S. (1999). “Private” Publications, pp. 131–143. Crime in Public Housing: Fear of Crime and Musick, J.S. (1993). Young, Poor, and Pregnant: Violent Victimization Among Women Public The Psychology of Teenage Motherhood. New Housing Residents. Presented at Trapped by Haven, CT: Yale University Press. Poverty: Trapped by Abuse conference, Ann Arbor, MI.

Chapter 6. Promoting Women’s Economic Security | 11 12. Grunwald, M. (1999). “Housing Crunch Harrisburg, PA: National Resource Center on Worsens for Poor: HUD Aid No Match for Domestic Violence. www.welfareinfo.org Soaring Rents, Fewer Apartments.” , October 12, p. A1. Davies, J. (2000). Recommendations for Training TANF and Child Support Enforcement Staff about 13. Wolfe, L., and Tucker, J. (1999). Getting Domestic Violence. Harrisburg, PA: National Smart About Welfare: Postsecondary Education Is Resource Center on Domestic Violence. the Most Effective Strategy for Self-Sufficiency for Low-Income Women. Washington, DC: Center for Garlow, B.J., Valente, R.L., Goelman, D.M., Women’s Policy Studies. Hardeman, J., and Scott, I. (1999). A Guide for Employers: Domestic Violence in the Workplace. 14. Brandwein, R.A., ed. (1999). Battered Women, Washington, DC: American Bar Association, Children, and Welfare Reform: The Ties that Bind. Commission on Domestic Violence. Thousand Oaks, CA: Sage Publications. Hammeal-Urban, R., and Davies, J. (1999). 15. For a description of Washington State Address Federal Housing and Domestic Violence: Confidentiality Program, contact the program at Introduction to Programs, Policy, and Advocacy 360–753–2972, or see the Cooperation/Good Opportunities. Harrisburg, PA: National Resource Cause Forum Report (HHS/OCSE, 1997). Center on Domestic Violence.

NOW Legal Defense and Education Fund (1997). References The Impact of Violence in the Lives of Working Women: Creating Solutions, Creating Change. Addressing Domestic Violence: HUD Programs New York, NY: NOW Legal Defense and and Resources—An Inventory of HUD-Funded Education Fund. www.nowldef.org Housing Programs. Washington, DC: STOP Violence Against Women Technical Assistance Raphael, J., and Haennicke, S. (1999). Keeping Project. 1–800–256–5883 Battered Women Safe Through the Welfare-to- Work Journey: How Are We Doing? A Report on Brandwein, R.A. (1996). Family Violence and the Implementation of Policies for Battered Welfare Reform: What are the Links? National Women in State Temporary Assistance for Needy Invitational Symposium. Salt Lake City, UT: Families (TANF) Programs. Chicago, IL: Taylor University of Utah, School of Social Work. Institute. www.welfareinfo.org www.welfareinfo.org Thompson, R.H. (2000). Report on the Burt, M., Zweig, J., and Schlichter, K. (2000). Proceedings of the National Discussion on Strategies for Addressing the Needs of Domestic Housing and Domestic Violence, October, 1999. Violence Victims within the TANF Program: The Washington, DC: STOP Violence Against Women Experience of Seven Counties. Washington, DC: Technical Assistance Project. 1–800–256–5883 Urban Institute. www.welfareinfo.org Turestsky, V., and Notar, S. (1999). Models for Correia, A. (2000). Strategies to Expand Battered Safe Child Support Enforcement. Washington, DC: Women’s Economic Opportunities. Harrisburg, PA: Center for Budget and Policy Priorities. National Resource Center on Domestic Violence. www.clasp.org

Davies, J. (1998). Building Opportunities for Battered Women’s Safety and Self-Sufficiency and Family Violence Protocol Development.

12 | Toolkit To End Violence Against Women On Campus Develop Fully comply with Educate adjudication boards Urge men to organize other men in antivio- men to organize Urge Tailor victim services to address victims’Tailor from need for advocacy Design collaborative programs to enhance responses to violence programs Design collaborative Publicize sanctions to communicate the unacceptability of violence Publicize sanctions to communicate Highlight men’s ability and responsibility to prevent violence against women. ability and responsibility to prevent violence against Highlight men’s and unacceptability of information male students with Provide on the prevalence cam- on college acquaintance rape and other forms women of violence against sexual puses and the situations and circumstances that foster nonconsensual conduct. Enlist men in education efforts. to intervene innocent bystanders lence efforts and teach them to encourage safely to support victims. in full disclosure of campus crime data reports.Participate Create an interdisciplinary women. against to address violence task force from the administration,Secure representation faculty, students, campus securi- ty, approach to to ensure a comprehensive programs and local victim advocacy addressing campus violence. Expand participation as appropriate. process. Establish a fair campus adjudication and assess current procedures for attention to victims’ rights, safety concerns, and fears of participating in the campus judicial process. the seriousness of the that convey Administer sanctions for perpetrators offense. accounta- and consistently enforce sanctions to ensure offender women against bility and victim and community safety. and community services in comprehensive and accessible on-campus Invest to victims. supportcampus personnel and counseling services. enforcement. women for all campus law against on violence Provide training skills to build cases that corroborate or campus police investigation Develop eliminate the need for victim testimony. Form partnerships with local victim service and criminal justice programs agencies. on campus. women against Act. Security of the Campus provisions Institutionalize a campuswide response to violence against women. response to violence against campuswide Institutionalize a policies to guide responses to sexual assault,policies to guide responses violence, dating and domestic and stalking, information and provide concerning student rights and responsibilities. Chapter 7. Promoting Safety and Nonviolence on College and University Campuses University and College on and Nonviolence Safety 7. Promoting Chapter What College and University Campuses and University College What a Difference Make To Can Do Chapter 7-Tab 10/29/01 9:34 AM Page 1 AM Page 9:34 10/29/01 7-Tab Chapter Chapter 7 Promoting Safety and Nonviolence on College and University Campuses

ollege and university campuses traditional- Sexual assault and other forms of violence against ly have provided a special environment in women in the general population are known to be C which young people can explore new ideas seriously underreported, indicating that the prob- and learn about the world. One of the most impor- lem is even more acute than available data sug- tant lessons that institutions of higher education gest. This may be particularly true for violence can communicate to all students is that violence against women on college and university campus- against women will not be tolerated. Creating a es, with an estimated 81 percent of on-campus and safe and supportive campus community is both an 84 percent of off-campus sexual assaults not obligation and a challenge for college and univer- reported to the police.6 And unlike their counter- sity administrators, faculty and staff, other campus parts in the larger community, women students personnel, and students. victimized by other students often face challenges specific to a “closed” campus environment. Given Sexual assault, dating and domestic violence, and the unique and progressive nature of many stalk- stalking are serious problems on college and uni- ing cases, student victims are often unaware or versity campuses. College-age women are at high unsure when they are being stalked or they may risk for all forms of violence against women. have difficulty convincing others that there is a More than one-half of all stalking victims are problem. The stalker may have seemingly “legiti- between 18 and 29 years old1 and the highest rate mate” reasons for remaining in contact with or in of intimate partner violence is among women ages proximity to the victim in class, the dining hall, or 16 to 24.2 Sexual assault is the second most com- the library. Victims of sexual assault or dating vio- mon violent crime committed on college campus- lence may continue to encounter their assailants in es; most perpetrators are students known by the residence halls or at campus events. Even chang- victim. One-half of these sexual assaults occur in ing one’s living arrangements or class schedule the victim’s residence and an additional one-third may not eliminate the threat or additional trauma take place in off-campus student housing such as caused by ongoing contact. fraternities.3 While current national attention focuses on the use of “rape drugs” to facilitate In response to these disturbing realities, an sexual assault, alcohol continues to play an impor- increasing number of residential and community tant role in campus-related assaults.4 Excessive use colleges are implementing campuswide responses of alcohol on college campuses has also been to violence against women designed to coordinate linked to increased risk of violence against victim services, campus law enforcement, health women, although alcohol use is not the cause of services, campus housing, student organizations, sexual assault, domestic violence, or stalking.5 and disciplinary boards. Education and prevention Although not the focus of this discussion, sexual initiatives that shift norms, attitudes, and beliefs harassment, a serious form of sex discrimination about violence against women are also critical that can include sexual assault, remains a signifi- components of a comprehensive strategy, as are cant problem within college campus environments. capital improvements and risk reduction efforts.

| 1 Effective intervention and prevention programs service providers, adjudication board members, stress perpetrator accountability for sexual and victim advocates, and related organizations can physical violence; call attention to bystander take to promote safety and nonviolence on their behavior; highlight the prevalence and impact of campuses. acquaintance rape, dating and domestic violence, and stalking; and clearly define the role that cam- A Safe and Supportive Campus pus communities can play in ending violence against women. Community

While sexual assault, dating and domestic violence, Enhance Women’s Safety and Well-Being and stalking have implications for campus and stu- on Campus dent life, they often involve criminal acts that also necessitate the involvement of the criminal justice 1. Establish an interdisciplinary, campuswide violence system. Campus adjudication procedures are criti- against women task force to develop policies and cal for increasing the safety and security of women oversee antiviolence efforts, including the periodic on campus but cannot substitute for criminal inves- evaluation of those efforts. tigation or prosecution. Effective campus adjudica- Secure representation from every sector of cam- tion procedures complement other legal system pus life, including administrators, health care processes. Ideally both options will be available to and mental health professionals, faculty, and victims of sexual assault, dating or domestic vio- students, as well as experts from community- lence, or stalking. The most successful responses based sexual assault and domestic violence link campus efforts with local criminal justice programs. agencies and community-based sexual assault and Provide comprehensive training about violence domestic violence programs. against women to all task force members. The federal Campus Security Act provides impor- Arrange regular task force meetings to develop tant guidelines for collecting and reporting data on short- and long-term plans for addressing vio- campus sexual assaults. Title IX of the Education lence against women on campus and oversee Amendments of 1972 provisions offer guidance their implementation. and mandates related to preventing, redressing, Periodically evaluate campuswide antiviolence and eliminating sexual harassment by students or efforts and use findings to enhance intervention school employees. Campus communities can and prevention initiatives. influence large-scale social change by fully com- plying with the Campus Security Act and Title IX, 2. Develop and distribute clear, concise, and compre- adopting comprehensive policies that treat vio- hensive written policies and procedures regarding lence against women as serious offenses, and appropriate behavior by students with respect to vio- developing interventions that prioritize victim lence against women. safety, offender accountability, and prevention. Develop and disseminate a campus code of con- Failure to address violence against women on col- duct, including descriptions of expected behav- lege campuses may not only result in institutional ior and responsibilities of the entire campus liability but also send the dangerous message that community. certain forms of violence are not serious and, Require consistent enforcement of the campus therefore, are acceptable. code of conduct. Provide clear definitions of sexual assault, dat- Outlined below are specific actions that institu- ing and domestic violence, and stalking that are tions of higher education, college administrators consistent with state criminal statutes. and staff, student organizations, on-campus and off-campus law enforcement agencies and victim

2 | Toolkit To End Violence Against Women Articulate clearly that sexual assault, dating all-male groups such as fraternities or athletic and domestic violence, and stalking will not groups. be tolerated. Reduce and promote perpetrator Describe procedures for reporting incidents accountability by challenging widely held (including steps that take place after a report is misconceptions about sexual assault, dating and filed) and protecting the victim’s rights domestic violence, and stalking. throughout the process. Provide information on the role of alcohol and Detail services available on and off campus. other drugs, including “rape drugs” such as Outline options for pursuing justice and en- Rohypnol (flunitrazepam) and GHB (gamma hancing safety on campus through community- hydroxybutyrate), in sexual assault and dating based service providers and the criminal justice violence in a manner that does not promote the system. myth that alcohol consumption causes or excus- es violent or abusive behavior. Disseminate policies every academic year to all students (new and returning), faculty, staff, par- Share information about faculty-student dating ents of students, campus organizations, counsel- and the potential link between and ramifications ing centers, health care centers, residence halls, of power imbalances and sexual harassment or and trustees. sexual assault. Publish campus policies in student handbooks, Involve advocates from local sexual assault residence life guidelines, and through campus and domestic violence programs in the design media such as the student newspaper, and post and implementation of training and education information on policies in appropriate public programs. places. 4. Use a variety of outreach strategies to support Share information with other campuses regard- educational efforts. ing policies, training programs, and effective practices for providing services to victims and Incorporate discussion of sexual assault, dating holding offenders accountable. and domestic violence, and stalking into orien- tation programs and materials for all incoming 3. Educate students, faculty, and staff about the prob- students with an emphasis on reaching young lem of violence against women. students, international students, and others who might be unfamiliar with campus laws, policies, Provide information on the prevalence of and procedures. acquaintance rape and other forms of violence against women on college campuses, including Integrate prevention education into relevant the situations and circumstances that foster non- core curriculum classes, classes on criminal jus- consensual sexual conduct. tice and victimology, and academic discourse. Offer special programs that educate all students Disseminate prevention materials and messages about the warning that may signal risks to through student newspapers, e-mail announce- a student’s safety, behaviors that constitute ments, campus radio stations, posters, and simi- stalking, and appropriate response strategies. lar mechanisms. Focus on the role of bystanders, including Use common space (such as the student union, strategies students can use to prevent violence campus library, and dormitories) for widely against women, address or challenge perpetrator publicized all-campus events about sexual behavior, identify and assist a victim, and make assault, dating and domestic violence, and appropriate referrals. stalking. Highlight men’s responsibility to prevent vio- Invite college or university presidents, members lence, especially in programs designed for of the board of trustees, prominent alumni, and other influential figures to speak out against

Chapter 7. Promoting Safety and Nonviolence on College and University Campuses | 3 sexual assault, dating and domestic violence, Include data about the prevalence and unique and stalking. characteristics of violence against women on Design peer educator programs to conduct out- college campuses. reach to students and specific groups, including Provide guidelines for responding to victims in fraternities, athletic clubs, or religious groups. a nonjudgmental and appropriate manner; refer- Reach out to marginalized communities that are ring victims to campus and community-based less likely to access campus services, including services, including medical care and forensic students of color; lesbian, gay, bisexual, and sexual assault examinations as appropriate and transgender students; and students with physi- requested; facilitating incident reporting to local cal, cognitive, or sensory disabilities. law enforcement; and working collaboratively with local criminal justice agencies and com- Use various points of access, such as interna- munity sexual assault and domestic violence tional groups, churches, and childcare facilities, programs. to reach international students, commuting stu- dents, and partners or spouses of students. Develop investigation skills to build evidence- based cases. Distribute materials on antiviolence programs to prospective students. Promote full compliance with the Campus Security Act and its reporting requirements and 5. Provide adequate and appropriate risk-reduction work to ensure that all institutions maintain measures on campus. accurate data. Establish escort services for students on campus 7. Involve campus housing and residence life staff in and for those traveling to nearby off-campus campus efforts to address and prevent sexual assault, locations. Conduct background checks on all dating and domestic violence, and stalking. escort service volunteers and supervise and monitor them carefully. Provide yearly training to campus housing and residence staff on sexual assault (including sex- Provide security devices for students to activate ual harassment), dating and domestic violence, when in danger and develop an emergency alert stalking, and campus policies and programs. system on campus. Use residence hall programming to create Install adequate lighting on all parts of campus. opportunities for discussion and support groups Secure entry into residence halls, student on issues related to violence against women. rooms, and late-night computer labs and work Post hotline and referral information for cam- areas; patrol residence halls, parking lots, and pus and community-based sexual assault and other common areas. domestic violence programs in residence hall Widely publicize emergency numbers for police bathrooms and on public notice boards. and medical services and crisis hotline numbers for sexual assault, dating and domestic vio- 8. Urge national associations of higher education pro- lence, and stalking programs. fessionals to prioritize violence against women as a Support campus security efforts to gather accu- key administrative and academic issue. rate statistics on crime rates and the outcomes Encourage national associations to work collab- of violence against women on campus. oratively with violence against women experts to develop common principles, guidelines, poli- 6. Mandate training and education for all campus cy directives, and curriculum materials to help police and security officers on sexual assault, dating colleges and universities develop comprehen- and domestic violence, and stalking as well as related sive approaches to address and prevent violence policies and protocols. against college women and to educate college

4 | Toolkit To End Violence Against Women students about sexual assault, dating and Ensure that the membership of the campus domestic violence, and stalking. adjudication board reflects the composition of the campus community and, when appropriate, Develop Effective Campus Adjudication includes people not connected to the university Processes who embrace a victim advocacy perspective.

9. Facilitate students’ access to both on-campus adju- 11. Ensure that campus-based hearing procedures dication processes and off-campus criminal justice minimize victim trauma and maintain victims’ rights agencies. without violating the rights of the accused. Ensure that campus judicial processes and sanc- Ensure victim confidentiality throughout adju- tions do not inhibit criminal prosecution of per- dication procedures. petrators of sexual assault, dating and domestic Apply the principles of rape shield laws to testi- violence, and stalking. mony (e.g., limiting inquiry into the victim’s Create statutes of limitation for campus adjudi- sexual history). cation that are not less than those in the state Employ a clearly defined standard of proof. criminal and civil justice systems. Allow the victim to have an advocate or similar Provide information to all victims about options figure accompany her through the judicial for on-campus adjudication and off-campus law process, including legal counsel at her own enforcement involvement. expense. Enable every victim to pursue campus judicial Inform the victim of the time and location of all processes, civil actions, and criminal charges hearings and proceedings related to the case concurrently, without concern that one outcome and provide the option of being present during will affect the others. the entire hearing if the accused has that right. Foster working relationships between the cam- Minimize inconvenience and disruption to the pus and the local community, including campus victim to the extent possible. service providers, campus police, campus adju- Allow the victim to testify at any hearings to dication officials, off-campus service providers, recommend sanctions, remedial actions, or out- local law enforcement agencies, prosecutors comes for the adjudication and, upon request, and probation officers, and other criminal jus- to testify at a different time than the accused tice professionals. perpetrator. 10. Ensure a fair, victim-centered campus adjudication Include the option of an expedited hearing to process through training and representative composi- determine issues of immediate concern, such tion of the campus adjudication board. as the need to alter campus housing or class schedules. Special considerations, such as Provide annual training for all adjudication flexibility relative to classwork, testing, or board members. leaves of absence without tuition penalties, When appropriate, involve violence against should be provided to the victim to accommo- women experts in campus adjudication pro- date academic circumstances affected by the grams, including local sexual assault and victimization. domestic violence program advocates. Inform the victim of the outcome of the case, Provide adjudicators with information on including any conditions placed on the accused appropriate and inappropriate questions for vic- relative to the victim and her safety. tims and alleged perpetrators and the range of Ensure that a victim’s rights in campus adjudi- victim behavior patterns, including the delayed cation procedures mirror those built into the response of some sexual assault victims (espe- criminal justice system. cially in cases involving drugs or alcohol) and its impact on victim reporting and testimony.

Chapter 7. Promoting Safety and Nonviolence on College and University Campuses | 5 12. Adequately and appropriately address victim safety Expand Services for Victims of Sexual in campus-based sanctions and the adjudication Assault, Dating and Domestic Violence, process. and Stalking Establish a system of referral to law enforce- ment if the victim wants a protection order and 14. Provide free or low-cost comprehensive, is eligible for one under state law. accessible on-campus and community-based Provide the victim with updates about sanctions services to survivors. against a perpetrator, as necessary. Designate at least one advocate responsible If feasible, allow students to obtain the adminis- for assisting victims through the on- and off- trative equivalent of a restraining/protection campus systems following sexual assault, dat- order against an offender, when appropriate, ing or domestic violence, or stalking. that accommodates the victim’s academic Ensure that sexually assaulted students have schedule, needs, and preferences. access to expert evidence collection through on- campus trained sexual assault nurse examiners or 13. Administer sanctions in a manner that ensures off-campus health and law enforcement facilities. offender accountability and victim and community Train health clinic staff on violence against safety. women issues and how to provide appropriate, Provide the adjudication board a range of for- respectful screening and services to victims. mal and informal options to recommend for Consider providing transportation for victims to perpetrators of sexual assault, dating and and from the hospital, police station, court- domestic violence, and stalking, including house, and counseling appointments in vehicles removal or suspension from athletics, fraternal not marked as campus security or police. organizations, student government, and other Provide appropriate services for all victims student organizations; loss of financial aid and regardless of disability, race, national origin, grants; restricted access to residence halls or sexual orientation, or gender. removal from campus housing; termination of campus employment; loss of eligibility for aca- Make services accessible to students who com- demic scholarships and fellowships; mandated mute, have limited English skills, are older than counseling sessions; inclusion of the conviction the average student population, or have children. in the offender’s permanent transcript; and Do not require that victims report the incident expulsion or suspension from the college or to campus security or local law enforcement as university. a condition for receiving services, but do Avoid the use of mediation or counseling encourage such reporting. between the survivor and perpetrator to keep To minimize future victim-perpetrator contact from revictimizing or endangering the victim.7 when perpetrators are not removed from campus Ensure that sanctions are not influenced by the settings, help survivors who request such assis- racial, ethnic, or socioeconomic status of the tance transfer from a campus dormitory, access perpetrator or his or her social, academic, or safe housing or a shelter, obtain an unlisted athletic standing within the campus community. phone number, set up a new e-mail account, and take other relevant security measures. Establish free short- and long-term counseling services and support groups on campus admin- istered by counselors who have been trained to address the emotional and psychological needs of victims.

6 | Toolkit To End Violence Against Women 15. Widely publicize the availability of services for vic- consistent with campus efforts to end violence tims of sexual assault, dating and domestic violence, against women. and stalking. Consider removing from sports teams or frater- Establish and publicize a point of contact on nities any athletes or members found in viola- campus for survivors where all communications tion of the law or campus policies related to are confidential. violence against women. Distribute brochures and literature about vio- Institute policies of disaffiliation for any fraternity lence against women in places frequented by that is in violation of campus policies on violence students, including health and mental health against women, presents a threat to women’s service centers. safety, or is a source of violent behavior. Engage Fraternities and Athletic Departments in Efforts To End Violence Resources Against Women Campus Violence Prevention Center 16. Develop and implement specific strategies for stu- Towson State University dent athletes and members of fraternal organizations Administrative Building, Room 110 that promote their involvement in campus efforts to Towson, MD 21204 end violence against women. Phone: 410–830–2178 Provide comprehensive mandatory education Web site: www.reeusda.gov/pavnet/cj/cjcamvio.htm programs about sexual assault, dating and The Campus Violence Prevention Center provides domestic violence, and stalking for athletic information to campus and housing administrators directors, coaches, and fraternity advisers. and local police departments to establish campus Use educational programs and prevention initia- crime and violence awareness seminars across the tives to work with fraternities to deter the use of United States and abroad. coercion and force to gain sexual access to women. Commission on Domestic Violence—Law School Involve athletes and members of fraternal Initiative Project organizations in peer education programs on American Bar Association 740 15th Street NW. violence against women. Washington, DC 20005 Encourage fraternities and athletic groups to Phone: 202–662–8637 develop volunteer and service programs in sup- Fax: 202–662–1594 port of campus and community-based anti- Web site: www.abanet.org/domviol violence initiatives. This American Bar Association Web page provides Appoint college administrators who have been online links and resources for people who need trained in violence against women issues and counseling following a domestic violence incident appropriate campus response to oversee frater- and people who are searching for publications nities and athletic groups and certify that they about violence against women. understand and comply with all campus policies and procedures related to violence against International Association of Campus Law women. Enforcement Administrators Encourage national and local fraternities to 342 North Main Street develop and enforce chapter certification West Hartford, CT 06117 requirements, codes of conduct, and housing Phone: 860–586–7517 agreements (in residential chapters) that are Web site: www.iaclea.org

Chapter 7. Promoting Safety and Nonviolence on College and University Campuses | 7 The International Association of Campus Law The National Resource Center on Domestic Enforcement Administrators (IACLEA) was Violence (NRC) is a valuable source for informa- founded to provide a forum for campus adminis- tion, training, and technical assistance regarding trators, board executives, and faculty members to domestic violence issues. NRC is also a clearing- review campus problems and discuss potential house for domestic violence resources and statis- solutions. tics that may be used to enhance policies and publications. Men Stopping Rape, Inc. 306 North Brooks Street National Sexual Violence Resource Center Madison, WI 53715 123 North Enola Drive Phone: 608–257–4444 Enola, PA 17025 Web site: www.danenet.wicip.org/msr Phone 1–877–739–3895 TTY: 717–909–0715 Men Stopping Rape, Inc., is an organization of Fax: 717–909–0714 men who are concerned about women being vic- Web site: www.nsvrc.org timized. It coordinates workshops on university and college campuses to train men and women to The National Sexual Violence Resource Center develop physically and emotionally safe places. (NSVRC) is a clearinghouse for resources and Topics of discussion include , homo- research about all forms of sexual violence. phobia, male socialization, racism, and violence. NSVRC works with its partner agency, the University of Pennsylvania, to provide new poli- National and the New York State Intercollegiate cies for establishing sexual violence interventions Coalition Against Sexual Assault and prevention programs. Syracuse University R.A.P.E.Center 111 Waverley Avenue Rape, Abuse, and Incest National Network Syracuse, NY 13244 635–B Pennsylvania Avenue SE. Phone: 315–443–7273 Washington, DC 20003 Fax: 315–443–4276 Phone: 1–800–656–HOPE Web site: students.syr.edu/icasa/nicasa.htm Web site: www.rainn.org The Intercollegiate Coalition Against Sexual The Rape, Abuse, and Incest National Network Assault (ICASA) has established a victim service (RAINN) offers a toll-free hotline for free, confi- program on the Syracuse University campus dential counseling and support 24 hours a day for through a grant from the New York Division of victims of rape, abuse, and incest. Health. ICASA implements programs on campus- es across the country to expand awareness of and Rape Treatment Center provide intervention services for persons involved Santa Monica–UCLA Medical Center in abusive relationships. This Web site includes Campus Rape Program a list of the campuses that participate in the 1250 16th Street program. Santa Monica, CA 90404 Phone: 310–319–4503 National Resource Center on Domestic Violence Web site: www.911rape.org Pennsylvania Coalition Against Domestic Violence The Rape Treatment Center provides free treat- 6400 Flank Drive, Suite 1300 ment to sexual assault victims, including emer- Harrisburg, PA 17112 gency medical assistance, exams, counseling, and Phone: 1–800–537–2238 therapy. The center also offers prevention training TTY: 1–800–533–2508 for law enforcement officers, medical personnel, Fax: 717–545–9456 and legal professionals. The Rape Treatment Web site: www.pcadv.org

8 | Toolkit To End Violence Against Women Center has free publications and videos to aid in against women, including sexual assault, dating and teaching students and professionals. domestic violence, and stalking. The program awards funds to qualified institutions to help them Security On Campus, Inc. develop and implement such coordinated responses. 601 South Henderson Road, Suite 205 King of Prussia, PA 19406 Phone: 610–768–9330 or 1–888–251–7959 Endnotes Fax: 610–768–0646 Web site: campussafety.org 1. Violence Against Women Grants Office (1998). Security On Campus was established to prevent Stalking and Domestic Violence: The Third Annual campus crimes and assist victims by enforcing Report to Congress Under the Violence Against their legal rights. The Web site provides links to Women Act. Washington, DC: U.S. Department of recent publications and broadcasts that Justice. p. 10. NCJ 172204 have targeted this problem, as well as a list of resources for victims. 2. Bureau of Justice Statistics (1998). Violence by Intimates: Analysis of Data on Crimes by Current Stalking Resource Center or Former Spouses, Boyfriends, and Girlfriends. National Center for Victims of Crime Washington, DC: U.S. Department of Justice. p. 2000 M Street NW., Suite 480 13. NCJ 167237 Washington, DC 20036 Phone: 202–467–8700 3. Fisher, B., Sloan, J.J., III, and Cullen, F.T. Fax: 202–467–8701 (1995). Final Report: Understanding Crime Web site: www.ncvc.org Victimization Among College Students: Implications for Crime Prevention. Washington, The National Center for Victims of Crime’s DC: U.S. Department of Justice. p. 65. NCJ (NCVC’s) mission is to help victims of crime and 175503 their families rebuild their lives. The Stalking Resource Center provides resources, training, and 4. Presley, C.A., Meilman, J.R., Cashin, J.R., and technical assistance to criminal justice profession- Leichliter, L.S. (1997). Alcohol and Drugs on als and victim service providers to support locally American College Campuses: Issues of Violence: coordinated, multidisciplinary antistalking A Report to College Presidents (Core Institute approaches and responses. Monograph). Carbondale, IL: Southern Illinois University. p. 4. Violence Against Women Office—Campus Grant Program 5. Martin, P.Y., and Hummer, R.A. (1989). U.S. Department of Justice “Fraternities and Rape on Campus.” Gender and 810 Seventh Street NW. Society 3(1): pp. 457–473. Washington, DC 20531 Phone: 202–307–6026 6. Fisher, Sloan, and Cullen (1995), p. 65 (see Web site: note 3). www.ojp.usdoj.gov/vawo/grants/campusgr.htm The Grants to Reduce Violent Crimes Against 7. For more information, see discussion of alterna- Women on Campuses Program is designed to tive dispute resolution in chapter 3, “Enhancing encourage institutions of higher education to adopt the Response of the Justice System: Civil comprehensive, coordinated responses to violence Remedies.”

Chapter 7. Promoting Safety and Nonviolence on College and University Campuses | 9 The Workplace If possible, offer health care cov- Lead efforts to develop and implement Lead efforts to develop Publicize workplace policies to management, Publicize workplace Use company conferences,Use company sites, Web and Devise and implement effective strategies and implement effective Devise Ensure adequate security for all employees. Conduct Help small businesses develop tools and resources Help small businesses develop Work with victims to develop personal safety plans for with victims to develop Work Establish partnerships among management, unions, and Train management,Train supervisors, to in how and all employees background checks on employees of security firms. checks on employees background Provide adequate security. proactively. Distribute resources with informationsexual and resources on employees publications to provide harassment, sexual assault, dating and domestic violence, and stalking. Develop intervention strategies. harass, to intervene employees detailing how when sexually assault, batter, or stalk. supervisors, and all employees. coverage. Provide comprehensive health care vic- health care and does not discriminate against that includes mental erage violence. tims of sexual assault and domestic Mentor small businesses. women. to address violence against Communicate workplace policies. employees. Train is a victim or perpetrator of sexual harassment, a coworker respond when sexual assault, dating or domestic violence, or stalking. Develop safety plans. Establish sound workplace policies. Establish sound workplace Form partnerships. in the women violence against to address community-based organizations workplace. are at work, they while women as appropri- safety plans for coworkers including ate. Recognize the continuum of sexual violence, from sexual harassment to sexual assault. workplace policies.workplace in or out of the work- of abuse—whether all disclosures Take concernsplace—or security seriously. Respond promptly, allega- and investigate tions thoroughly. Chapter 8. Promoting Safety and Nonviolence in the Workplace the in and Nonviolence Safety 8. Promoting Chapter What Employers Can Do To Make To Do Can Employers What a Difference Chapter 8 Promoting Safety and Nonviolence in the Workplace

any victims of sexual harassment, sexual Statistics indicate that stalkers commit a signifi- assault, dating or domestic violence, or cant number of violent acts against their victims in Mstalking are working women, which or around where victims work,4 creating greater makes the workplace a central point for interven- incentives for employers to enhance security for tion and prevention. For some women, work may such victims while the victims are at work. This is be the only place in which they are away from particularly true when stalkers are coworkers of their abuser. For other women, perpetrators (who the victims. More than 25 percent of stalking vic- may be coworkers or outsiders) sexually harass, tims lost time from work because of the stalking, physically or sexually assault, or stalk them in the and 7 percent of these employees never returned to workplace. work.5

Data from the National Crime Victimization An increasing number of companies and unions Surveys for 1992Ð96 indicate that during each are recognizing the adverse effect of domestic vio- of the study years, more than 42,400 American lence on the workplace. Specifically, costs to women reported they were sexually assaulted employers can be measured in lost productivity, while working or on duty.1 Regardless of whether absenteeism and turnover, increased health care sexual assault occurs in or out of the workplace, costs, and other direct and indirect expenses. In the experience can impair an employee’s work recent surveys, more than three-fourths of human performance, require that she take time away resource professionals agreed that domestic vio- from work, and undermine her professional life. lence is a workplace issue,6 and two-thirds of Although not the focus of this discussion, sexual senior corporate executives agreed that their harassment—a serious form of sex discrimination company’s financial performance would benefit that can include sexual assault—remains a signifi- from addressing domestic violence among their cant issue in the workplace for both employees employees.7 and companies. In 1999, more than 15,000 sexual harassment charges were filed with the U.S. Equal Although more employers and unions are address- Employment Opportunity Commission and state ing domestic violence as a workplace issue, less and local fair employment practice agencies, up attention has been paid to sexual assault and stalk- from 10,500 in 1992. Women are nine times more ing. Several major corporations paved the way to likely than men to quit their jobs because of sexu- addressing domestic violence by developing com- al harassment, five time more likely to transfer, prehensive policies and sharing information with and three times more likely to lose their jobs.2 A colleagues. These efforts can be broadened to 1994 survey of federal workers estimated that inci- address other forms of violence against women dents of sexual harassment cost the government and include separate workplace education and $327 million because of job turnover, sick leave, intervention initiatives on sexual assault and stalk- and individual and work group productivity ing.8 Helping small businesses that employ 50 or losses.3

| 1 fewer people collect information, develop networks, or have cognitive and physical disabilities. and offer tools to implement cost-effective pro- Publicize that such policies exist. grams represents an additional challenge. Smaller Prohibit discrimination against employees who workplaces—including fast food restaurants—may disclose their experiences with violence. employ more young women, who are statistically at Provide victims with avenues to confidentially greatest risk for sexual assault, dating and domestic disclose victimization and guide them on ways violence, and stalking.9 to seek assistance that safeguard privacy and confidentiality. As companies and labor organizations continue to develop and expand initiatives to end workplace Take all disclosures of abuse and security con- violence, community-based organizations working cerns seriously, whether in or out of the work- with survivors of sexual assault and domestic vio- place. Respond promptly, and investigate lence should be seen as collaborative partners. allegations thoroughly. Sexual assault and domestic violence advocates Offer victims paid and unpaid leave options to can support and guide efforts to address violence allow victims to obtain protective orders and against women in the workplace, including provid- seek counseling. ing personnel training. In turn, businesses and Devise appropriate and feasible options for a unions can train community-based program staff victim whose perpetrator is a coworker. to work effectively with the business community, Extend policies and services to secondary sur- labor organizations, and employed victims. vivors, such as the partner of a sexual assault survivor or children of a domestic violence vic- Outlined below are specific actions community- tim, as possible. based organizations, businesses, employers, and labor organizations can take to create safe, nonvio- Apply all policies to same-sex sexual harass- lent workplaces and play a role in ending violence ment, sexual assault, domestic violence, and against women. stalking victims.

2. Teach all employees about intervention and preven- What Businesses, Employers, tion strategies for sexual harassment, sexual assault, dating and domestic violence, and stalking. and Labor Organizations Can Do Teach all employees how to respond to cowork- ers who are victims or perpetrators of sexual 1. Develop and implement written policies that harassment, sexual assault, dating and domestic address sexual harassment, sexual assault, dating and violence, and stalking. domestic violence, and stalking. Ensure that these Ask employees to protect the confidentiality of policies apply to all employees, including managers victims whenever possible. and supervisors. Educate and train small businesses via local Use specific guidelines rather than vaguely chambers of commerce, small business trade worded “zero tolerance” statements when writ- organizations, and professional associations. ing such policies. Ensure that information is accessible to em- Demonstrate strong employer and union leader- ployees who do not speak English, are hard of ship support for such policies. hearing, have limited reading skills, or have Issue policies (including those that specifically cognitive or physical disabilities. target young employees) to all employees, interns, and contractors in a form that is acces- 3. Provide benefits that support victims of sexual sible to those who do not speak English, are assault, domestic violence, and stalking. hard of hearing, have limited reading skills,

2 | Toolkit To End Violence Against Women Provide victims with flexible and paid adminis- Furnish at-risk employees who are in the field trative leave or sick days, permit them to use or located in isolated worksites with cellular the Family and Medical Leave Act, and allow phones or security alarms. them to use flextime during the workday so that they may have time to address issues related to 5. Work closely with employees threatened by an victimization. abuser or stalker to develop personal safety plans. Offer health care coverage that includes mental Consult victims concerning their wants and health care comparable to other health care ben- needs. efits. Such benefits are particularly helpful to Offer to transfer victims to different offices or adult survivors of child sexual abuse. worksites whenever feasible. Ensure that vic- Ensure that health care plans do not discrimi- tims are not unfairly transferred in lieu of the nate against victims of sexual assault or domes- perpetrator when the abuser is also a coworker tic violence. of the victim. Provide assistance to victims of sexual harass- Vary or revise a victim’s work schedule, change ment, sexual assault, dating and domestic vio- her telephone extension or e-mail address, and lence, and stalking through an employee offer to assist her in monitoring or documenting assistance program. harassing telephone calls, faxes, and e-mails. Provide flexibility and support for employees Ensure that victims who take a reasonable peri- with special childcare needs as a result of their od of leave will still have job security. victimization. Suspend disciplinary actions against employees Provide victims with emergency financial and whose productivity or attendance has deteriorat- legal assistance. Offer them relocation options, ed due to their victimization. when appropriate. Extend access to support pro- Help victims obtain services provided by law grams to part-time employees. enforcement, legal aid, domestic violence shel- Identify community resources that may offer ters, and rape crisis centers. the support and assistance needed by employees Permit victims to exercise flexible work sched- of small businesses that are unable to provide ules and leave policies so they can participate in these benefits. Publicize that such resources the criminal justice process and recover from exist. trauma. Protect both clients and employees against 4. Reduce the risk of workplace assaults. assault, particularly in workplace settings deal- Develop plans in collaboration with survivors of ing with vulnerable populations, such as health sexual assault, domestic violence, and stalking care facilities, mental health care institutions, to address immediate safety issues if the perpe- nursing homes, schools, and prisons. trator is also a coworker of the survivor. Implement safety measures, such as escorts or 6. Encourage and reward behavior that contributes to emergency telephones, and provide adequate a safe and supportive workplace. security at entrances and exits (e.g., denial of Reward supervisors and managers who support admission to perpetrators). the well-being of employees. Do not tolerate Supply sufficient lighting in areas used by the use of abusive or coercive tactics in man- employees. agement techniques. Provide appropriate workplace safety training to 7. Collaborate with community-based organizations employees, particularly security and reception to assist employees who have experienced sexual personnel. assault, domestic violence, and stalking.

Chapter 8. Promoting Safety and Nonviolence in the Workplace | 3 Offer company resources, skills, and volunteers 9. Encourage workplaces to develop policies and to sexual assault and domestic violence service strategies that respond to violence against women in agencies in exchange for expertise and informa- the workplace, particularly small and midsize busi- tion about community resources. nesses, and support them. Establish relationships with community-based Create structures within workplaces and labor service providers to facilitate timely and appro- unions that enable women to safely and confi- priate referrals of victims to support networks. dentially report victimization and seek assist- ance and intervention. Collaborate with other businesses to encourage local, state, and national policymakers to sup- Publicize stories of employers and unions that port legislation that promotes victim safety and have effectively addressed violence against offender accountability. women, using mainstream media and profes- sional publications to support replication of Develop partnerships with small businesses, such efforts. trade associations, and local chambers of com- merce to exchange information on workplace Develop brief user-friendly materials about policies that address violence against women. violence against women, and share them with Use conferences, newsletters, and Web sites to other workplaces. promote workplace policies and strategies. Provide specific assistance to businesses that Conduct joint training and education programs employ young women, because young women that address violence against women. are statistically at greatest risk for sexual Work with researchers and victim advocates to assault, dating and domestic violence, and develop appropriate tools for measuring the stalking. effectiveness of workplace programs, policies, Encourage chambers of commerce, state and and services. national labor organizations, and other profes- sional associations to develop materials in con- 8. Devise and implement effective intervention strate- junction with local violence programs and gies in collaboration with relevant government coalitions about responding to sexual assault agencies and community-based victim advocacy and domestic violence. Distribute such materi- organizations. als to the membership of each organization and Initiate appropriate disciplinary and legal action through other companies and unions. if perpetrators use workplace communication Support business magazines that recognize vehicles such as e-mail, the Internet, a fax employers for their family-friendly workplace machine, or telephone to threaten, harass, or policies and programs. Ensure that a criterion harm an employee. for recognition be how employers address sexu- Hold perpetrators accountable by requiring that al assault, dating and domestic violence, and they fully participate in sex offender or batterer stalking. intervention programs and comply with any and all conditions of probation in conjunction with misdemeanor level offenses as a condition of What Sexual Assault and continued employment. Domestic Violence Service Adopt policies that make employees found guilty of acts of violence subject to disciplinary Providers Can Do action. Notify all employees that such a policy has been implemented. 10. Increase the staff’s knowledge about and capability to address the effect that sexual assault and domestic violence have on women’s economic security and pro- fessional life while ensuring survivor confidentiality.

4 | Toolkit To End Violence Against Women Include questions in the intake processes that Resources assess the effect of sexual harassment, sexual assault, and domestic violence on a victim’s cur- Commission on Domestic Violence rent job, work history, and career to help advo- American Bar Association cates work more effectively with employers. 740 15th Street NW. Support research on the impact of sexual Washington, DC 20005–1022 assault and domestic violence on a survivor’s Phone: 202–662–1744 job, work history, and education. Fax: 202–662–1594 Web site: www.abanet.org/domviol 11. Teach employers and unions about ending vio- This American Bar Association Web page provides lence against women. online links and resources for people who need Use various points of contact, including union counseling following a domestic violence incident stewards and employees who handle equal and people who are searching for publications employment opportunities, occupational safety about violence against women. and health, benefits and compensation, and short-term disability and insurance coverage. Corporate Alliance To End Partner Violence Display posters, brochures, and informational 2416 East Washington, Suite E flyers about sexual harassment, sexual assault, Bloomington, IL 61704–4472 dating and domestic violence, and stalking and Phone: 309–664–0667 Fax: 309–664–0747 local services. Web site: www.caepv.org 12. Work with businesses, unions, and employment The Corporate Alliance To End Partner Violence experts to teach sexual assault and domestic violence promotes workplace awareness of and efforts to service providers about the employment rights of prevent partner violence. Resources include a survivors. quarterly newsletter, a toolkit to help businesses Include information on how to assist survivors design awareness programs, a dating violence in keeping jobs, accessing benefits, and taking awareness program, and materials for coordinating advantage of legal rights regarding employment. Work To End Domestic Violence Day and Domestic Violence Awareness Month efforts in the 13. Develop training programs with local businesses, workplace. unions, and public and private funders that specifically assist employees whose job-seeking abilities have Employee Relations and Employee Health Services been affected because they are victims of sexual U.S. Office of Personnel Management harassment, sexual assault, dating or domestic vio- 1900 E Street NW. lence, or stalking. Washington, DC 20415 Web site: www.opm.gov/er/index.html-ssi For related recommendations, see Toolkit chapter The Employee Relations Branch of the U.S. Office “Promoting Women’s Economic Security.” of Personnel Management (OPM) provides infor- mation and assistance to federal agencies on employee discipline, misconduct, performance

Chapter 8. Promoting Safety and Nonviolence in the Workplace | 5 problems, and dispute resolution. Under Employee National Workplace Resource Center on Health Services, OPM provides information and Domestic Violence assistance on employee health programs, counsel- Family Violence Prevention Fund ing, preventive health services, and responding to 383 Rhode Island Street, Suite 304 domestic violence, workplace stress, and work- San Francisco, CA 94103–5133 place violence. Services for federal agencies Phone: 415–252–8900 Fax: 415–252–8991 include management guidance, newsletters and Web site: www.fvpf.org/workplace other publications, seminars and workshops, inter- agency committees, and day-to-day consultations; The National Workplace Resource Center on the Web site provides online resource information Domestic Violence helps workplaces respond to that may be helpful to any employer. and support employees who are facing domestic violence. The Web site offers materials for super- National Sexual Violence Resource Center visors, tips for improving workplace security, pro- 123 North Enola Drive gram recommendations, legal guidelines, sample Enola, PA 17025 policies and best practices, and related resources. Phone: 1–877–739–3895 TTY: 717–909–0715 Stalking Resource Center Fax: 717–909–0714 National Center for Victims of Crime Web site: www.nsvrc.org 2000 M Street NW., Suite 480 The National Sexual Violence Resource Center Washington, DC 20036 (NSVRC) is a clearinghouse for resources and Phone: 202–467–8700 Fax: 202–467–8701 research about all forms of sexual violence. Web site: www.ncvc.org NSVRC works with its partner agency, the University of Pennsylvania, to provide new poli- The National Center for Victims of Crime’s cies for establishing sexual violence interventions (NCVC’s) mission is to help victims of crime and and prevention programs. their families rebuild their lives. The Stalking Resource Center provides resources, training, and National Training Center on Domestic and technical assistance to criminal justice profession- Sexual Violence als and victim service providers to support locally 2300 Pasadena Drive coordinated, multidisciplinary antistalking Austin, TX 78757 approaches and responses. Phone: 512–407–9020 Fax: 512–407–9022 Women’s Bureau Web site: www.ntcdsv.org U.S. Department of Labor The National Training Center on Domestic and 200 Constitution Avenue NW. Sexual Violence provides consultation and training Washington, DC 20210 (including national and regional conferences), Phone: 1–800–827–5335 Fax: 202–219–5529 helps government decisionmakers develop and Web site: www.dol.gov/dol/wb evaluate policies and programs, and promotes col- laboration among government agency staff, victim The U.S. Department of Labor Women’s Bureau is advocates and service providers, university re- the only federal agency mandated to represent the searchers, and related professionals in working to needs of wage-earning women in the public policy end domestic and sexual violence. The Web site process. The bureau champions fair wages and includes a calendar of training sessions throughout benefits, reasonable work hours, expanded training the United States. and job opportunities, and improved workplace conditions, as well as helping workers balance job

6 | Toolkit To End Violence Against Women and family responsibilities. The Web site includes Justice and the Centers for Disease Control and a library of press releases and publications, statis- Prevention. tics, information on programs and services, and related materials. 5. Violence Against Women Grants Office (1998). Stalking and Domestic Violence: The Third Annual Women’s Rights Department Report to Congress Under the Violence Against American Federation of State, County, and Women Act. Washington, DC: U.S. Department of Municipal Employees Justice. NCJ 172204 1625 L Street NW. Washington, DC 20036 6. Solomon, C.M. (1995). “Talking Frankly About Phone: 202–429–5090 Domestic Violence.” Personnel Journal 74(4): Fax: 202–429–5088 pp. 62Ð65. Web site: www.afscme.org 7. Roper Starch Worldwide for Liz Claiborne, The Women’s Rights Department of the American Inc. (1994). Addressing Domestic Violence: A Federation of State, County, and Municipal Em- Corporate Response. New York, NY: Patrice ployees (AFSCME) works to ensure equity in Tanaka and Co. the workplace by fighting for equal pay and pro- motional opportunities and against workplace 8. Under the Occupational Safety and Health Act discrimination and violence against women. of 1970, the extent of an employer’s obligation to AFSCME supports new workplace initiatives and address workplace violence is governed by the changes in law and public policy, holds regional General Duty Clause, which provides, “Each conferences, provides leadership training, and dis- employer shall furnish to each of his employees tributes booklets and other resource publications. employment and a place of employment which is free from recognized hazards that are causing or likely to cause death or serious physical harm to Endnotes his employees.”

1. Bureau of Justice Statistics (1998). Workplace 9. More than 50 percent of all stalking victims are Violence, 1992Ð96. Special Report. Washington, between ages 18 and 29. Source: Violence Against DC: U.S. Department of Justice. NCJ 168634 Women Grants Office (1998). Stalking and Do- mestic Violence: The Third Annual Report to 2. Konrad, A., and Gutek, B. (1986). “Impact of Congress Under the Violence Against Women Act. Work Experiences on Attitudes Toward Sexual Washington, DC: U.S. Department of Justice. Harassment.” Administrative Science Quarterly p. 10; The highest rate of intimate partner violence 31(4): pp. 422Ð438. is among women ages 16 to 24. Source: Bureau of Justice Statistics (1998). Violence by Intimates: 3. U.S. Merit Systems Protection Board (1995). Analysis of Data on Crimes by Current or Former Sexual Harassment in the Federal Workplace: Spouses, Boyfriends, and Girlfriends. Factbook. Trends, Progress, and Continuing Challenges. A Washington, DC: U.S. Department of Justice. p. Report to the President and Congress by the U.S. 13; Thirteen percent of female adolescents have Merit Systems Protection Board. Washington, DC: been victims of sexual assault at some point dur- U.S. Merit Systems Protection Board, Office of ing their lives. Source: Kilpatrick, D.G., and Policy and Evaluation. Saunders, B.E. (1997). Prevalence and Con- 4. Tjaden, P., and Thoennes, N. (1998). Stalking sequences of Child Victimization. Research in America: Findings From the National Violence Preview. Washington, DC: U.S. Department of Against Women Survey. Research in Brief. Wash- Justice; See also Tjaden, P., and Thoennes, N. ington, DC, and Atlanta, GA: U.S. Department of (1998). Prevalence, Incidence, and Consequences

Chapter 8. Promoting Safety and Nonviolence in the Workplace | 7 of Violence Against Women: Finding from the Family Violence Prevention Fund (1998). The National Violence Against Women Survey. Re- Workplace Responds to Domestic Violence: A search in Brief. Washington, DC, and Atlanta, GA: Resource Guide for Employers, Unions, and U.S. Department of Justice and the Centers for Advocates. San Francisco, CA: The Family Disease Control and Prevention. Violence Prevention Fund.

NOW Legal Defense and Education Fund (1996). References The Impact of Violence in the Lives of Working Women: Creating Solutions, Creating Change. AFSCME Women’s Rights Department (1996). New York, NY: NOW Legal Defense and Domestic Violence: An AFSCME Guide for Union Education Fund. Action. Washington, DC: American Federation of State, County, and Municipal Employees, Office of Workforce Relations (1999). Responding AFLÐCIO. to Domestic Violence: Where Federal Employees Can Get Help. Washington, DC: U.S. Office of American Federation of State, County, and Personnel Management. Number OWR 16 Municipal Employees (1998). Preventing Workplace Violence: A Union Representative’s Office of Workforce Relations (1998). Dealing Guidebook. Washington, DC: American Federation with Workplace Violence: A Guide for Agency of State, County, and Municipal Employees, Planners. Washington, DC: U.S. Office of AFLÐCIO. Personnel Management. Number OWR 09

Commission on Domestic Violence (1999). A Women’s Bureau (1996). Domestic Violence: A Guide for Employers: Domestic Violence in the Workplace Issue (No. 96Ð3, October). Washington, Workplace. Washington, DC: American Bar DC: U.S. Department of Labor. Association.

8 | Toolkit To End Violence Against Women Children and Youth Address bully- Include informa- Develop school poli- Develop . policies that and implement Develop Develop collaborative partnerships collaborative Develop Emphasize the use of nonviolent parenting techniques for Emphasize the use of nonviolent Develop tools to assess the impact of violence.Develop solutions to Tailor tion on the impact of violence on children and how to respond appropriately to tion on the impact of violence on children and how disclosures of abuse. training to school social workers, Provide nurses, guidance and other counselors, security guards, coaches, bus drivers, and janitorial and cafeteria staff. victims a priority for the safety and well-being of adult and child Make fatherhood programs. contact with their children or the mothers. ongoing will have participants who Define school policies related to all forms of violence. for all school personnel. Design and implement core training Increase the ability of child protective services,Increase the ability of child protective courts, domestic vio- and collaboratively to work lence agencies domestic accountability for cases in which enhance victim safety and offender violence and child maltreatment coexist. specifically for children exposed to domestic Design and expand programs violence. counter the short- impact of this exposure on children and long-term negative and to support parents’ safety and stability. for children and youth during afterschool hours. Develop more programs Include recreational, athletic, mentoring, posi- that provide and other programs alternatives to unsupervisedtive time and opportunities to learn need- the skills interpersonal relationships. and healthy ed to form nonviolent cies or codes of conduct prohibiting sexual harassment, sexual and physical assault, and dating violence. Integrate these programs into sites that serve these programs children and young families. Integrate care centers,Include day Head Start programs, schools, & Girls Clubs, Boys neighborhood family resource centers, home visitation programs, health clinics, faith-based institutions, serving populations. and agencies and migrant immigrant to participationIdentify and remove disincentives in intervention programs. current and barriers disincentives with at-risk parents to identify and remove Work to help-seeking and participation in services for either abused children or parents. Build communitywide collaborations. Build communitywide among schools, mental health centers, health and courts, social service agen- cies, for early leadership to provide groups advocacy and community-based initiatives. intervention and prevention competent early intervention of culturally array Develop a broader programs for children exposed to community, youth, and family violence. and sexual assault,ing and physical social skills that enable and teach youth healthy,them to develop relationships. nonviolent Chapter 9. Intervention and Prevention for Children and Youth and Children for and Prevention 9. Intervention Chapter What Communities Can Do To Make To Do Can Communities What a Difference Chapter 9 Intervention and Prevention for Children and Youth

iolence against women affects millions of according to some research, have strong connec- children each year and often combines with tions to domestic violence. Slightly more than V other forms of violence, such as child abuse one-half of female victims of intimate violence and youth violence, to devastate lives, destroy live in with children under age 12.1 families, and compromise community cohesive- An increasing number of studies document the ness. A broader array of prevention and early concurrent incidence of domestic violence and intervention programs targeting boys, girls, and child abuse within families. Most of this research young families should be developed. Schools, indicates that 30 to 60 percent of families experi- health and mental health clinics, childcare homes encing child maltreatment also experience domes- and centers, Head Start programs, neighborhood tic violence.2 In a national survey of more than family resource centers, home visitation programs, 6,000 families, researchers found that 50 percent faith-based institutions, and other youth-serving of the men who frequently assaulted their wives agencies all have important roles to play. also frequently assaulted their children.3 Studies also suggest the presence of domestic violence in The well-documented intersection between domes- approximately 40 percent of lethal child abuse tic violence and child abuse indicates an urgent cases.4 In fact, in 1995 the U.S. Advisory Board on need to increase collaboration among child wel- Child Abuse and Neglect suggested that domestic fare agencies, courts, domestic violence programs, violence might be the single major precursor to and other service providers. Communities are child abuse and neglect fatalities in this country.5 urged to develop easily accessible interventions, especially those that focus on strengthening or, An estimated 34 percent of rapes occur in the vic- whenever possible, restoring the bond between the tim’s home where children are likely to see or hear battered parent and her children. Placing nonabus- the assault on their mothers or caregivers.6 When ing parents at the center of decisionmaking with mothers are sexually assaulted or stalked, their respect to their children and empowering these children are also likely to be affected. However, to parents to make choices that enhance their own what degree and with what consequences to chil- and their children’s safety will help restore dren has not been addressed by either researchers healthy, nurturing environments in which children or practitioners. can thrive. Many children may not be direct victims of abuse but rather are exposed to violence in their homes. Overlap of Violence Against Data from a 1995 Gallup Poll of family violence suggest that 1.5 million to 3.3 million children Women, Child Abuse, and Youth witness or experience parental domestic violence Violence each year.7 Another leading family violence re- searcher estimates that as many as 10 million chil- 8 Child abuse and youth violence remain serious dren are exposed to parental violence each year. social problems in the United States and, | 1 Domestic violence, child abuse, and youth vio- problems, and lowered social competence than lence often occur within the same families and children who do not witness such violence.14 have serious consequences for the safety of family Research also indicates that exposure to domestic members, as well as members of the larger com- violence can affect cognitive functioning.15 The munity. First, where one form of violence exists, harm that individual children experience as a others are often present. Second, the impact on result of exposure to domestic violence varies children who witness or experience parental depending on many factors, including the level of domestic violence may be similar to the conse- violence in the family, the child’s exposure to it, quences of being abused by a parent, and both the child’s ability to cope, and the protective fac- experiences may significantly contribute to youth tors in the child’s environment. Problems associat- violence. The linkages have important implica- ed with exposure to domestic violence vary with tions for intervention and prevention efforts. the age and gender of the child, the length of time since the last exposure to violence, and the child’s connections to the nonabusive parent and other Effects of Physical and Sexual significant individuals and social supports in his or 16 Violence on Children and her life. Families The impact of a child’s exposure to domestic vio- lence and child abuse can continue through ado- Although most maltreated children do not engage lescence if safety and other interventions are not in delinquent behavior, if a child is abused or neg- provided. Many adolescents who have grown up in lected, the likelihood of arrest increases by 53 per- violent homes are at risk for recreating the abusive 17 cent as a juvenile, by 38 percent as an adult, and relationships they have observed. They are more by 38 percent for being involved in a violent likely to attempt suicide, abuse drugs and alcohol, crime.9 A significant risk factor for becoming a run away from home, and commit other delinquent child abuser, domestic violence perpetrator, and behavior; engage in teenage ; and com- 18 violent juvenile offender is having been abused mit sexual assault crimes. Research has found and/or witnessing violence at home.10 Close to 70 that violent adolescents suffered serious physical percent of girls involved in the juvenile justice abuse by a parent and witnessed the use of system have histories of physical abuse.11 Also, weapons in their homes significantly more often surveys of girls in the juvenile justice system and than nonviolent adolescents. These variables, both in shelters indicate rates of sexual abuse and independently and combined, have been signifi- assault of more than 70 percent. These girls often cantly associated with adolescents’ use of 19 respond by running away from home, which too violence. frequently leads to engaging in prostitution.12 Girls Witnessing violence as a child is also associated now constitute 25 percent of juvenile arrests in the with adult reports of depression, trauma-related United States, an increase of 31 percent over the symptoms and low self-esteem among women, past decade.13 and trauma-related symptoms among men.20 Exposure to parental domestic violence, although Research has found that men who as children wit- not to be considered automatically a form of child nessed their parents’ domestic violence are twice abuse, may be associated with a series of childhood as likely to abuse their own wives than sons of 21 problems, primarily behavioral and emotional. nonviolent parents. Domestic violence and child Child witnesses of domestic violence on average abuse put the next generation at greater risk of exhibit more aggressive and antisocial behaviors, becoming abusers and violent juveniles, as well as fearful and inhibited behaviors, anxiety, depres- contribute to other antisocial behavior that contin- sion, trauma-related symptoms, temperament ues to affect our communities.

2 | Toolkit To End Violence Against Women Exposure to physical or sexual abuse or domestic Ensuring that communities have the resources violence as a child is not the only risk factor for and capacity to support these efforts. juvenile violence. Living in a crime-infested com- munity; frequent exposure to drugs, guns, and Prevention efforts related to violence against crime; having parents that use harsh or erratic dis- women and child abuse are relatively new. Child cipline; and being isolated from the community, abuse prevention programs have included public family, or school are all circumstances that put education aimed at changing the social norms that children at higher risk.22 minimize or provide excuses for child abuse and mobilizing individuals to take actions that protect Although little is known about protective factors children. More recent prevention efforts have pro- that mitigate the effects on children who witness vided support to new parents through community- domestic violence, research has identified protec- based family support programs. tive factors for child abuse and youth violence. These factors include economic opportunity, men- Parenting programs can offer new parents, particu- tors and role models who provide a strong sense larly teen parents, the confidence, support, and of moral development, organized community pro- resources needed to promote their children’s grams for youth and families, involvement in a healthy development and provide a vital link for faith community, a school environment that pro- parents to their community. These programs, par- motes prevention, and nurturing adult family ticularly when expanded to address violence members who provide consistent, structured against women issues, are important for families supervision.23 Research suggests that a successful that face multiple stressors, such as poverty, social family and youth violence prevention program isolation, depression, high levels of marital con- targets children’s shared risk factors of poverty, flict, and deficient housing. Parent- and family- , and the witnessing of violence in based programs that have had long-term positive the home or on the street. Prevention should also effects combine training in parenting skills with focus on strengthening protective factors, reaching other educational and therapeutic components.24 parents with young children, providing services over several years, and conducting rigorous longi- Parents, teachers, and other adults must take seri- tudinal evaluations of these measures. ously the prevalence and severity of violence among teens, including harassment, , and assault, as well as violence and sexual coercion in Expand Prevention Efforts teen dating and intimate relationships. Creating a violence-free school climate is an important step Violence prevention simply means stopping chil- in preventing harassment and violence based on dren’s experience with and exposure to violence gender, race, ethnicity, sexual orientation, and 25 before it happens. It requires the following actions: disability. A schoolwide approach can build an environment in which teachers and children feel Reaching at-risk families early and helping new respected and valued and where physical and parents develop the skills to become capable verbal violence against women and girls are not and nurturing caregivers. tolerated. Providing support and respite care for families under stress. Implementing antibullying programs and dating Enhance Early Intervention violence prevention programs to reinforce Efforts social norms that support healthy relationships and nonviolent conflict resolution. Effective early intervention requires improving our Keeping violent images away from children. current response system to provide both formal and informal supports to parents and children.

Chapter 9. Intervention and Prevention for Children and Youth | 3 Interventions should be seamless, flexible, and The movement to develop interventions for chil- collaborative across professional disciplines; long dren who witness domestic violence is in its infan- term; age appropriate; and linguistically and cul- cy. Although many communities do not have turally competent. Sites for these early interven- services for child witnesses, a few communities tion initiatives can include schools, childcare offer services for child residents of battered programs, health clinics serving teens, afterschool women’s shelters. However, most children whose programs, community-based and grassroots mothers are battered never reside in emergency groups, and juvenile courts. Policies and proce- shelters.30 Other than shelter-based services, few dures must be developed to ensure the safety of other specific interventions exist except in the con- children in these settings and the appropriate text of child protective services.31 Research shows response to disclosures of violence and abuse. that the younger the child, the more effective the intervention.32 Successful early childhood violence intervention programs have common characteristics. First, they There is a growing interest in enabling more attempt to ameliorate a variety of factors associat- fathers to share responsibility for the well-being of ed with youth violence. Second, they focus on their children, specifically those fathers who live families with young children. Third, they are long- outside the home. This reflects society’s interest term efforts—more than a few months, often as in enabling more fathers to share responsibility for long as several years.26 Appropriately designed the well-being of their children. Fatherhood pro- early intervention can prevent young children from grams may reinforce the importance of safety for becoming perpetrators as they grow up, thereby both children and the children’s mothers through reducing child abuse, domestic violence, and their contact with fathers, particularly young youth violence in following generations. fathers. By integrating an understanding of the issues related to violence against women into Many adults who work with children and youth do fatherhood program curriculums and services not receive training and education on the signs of (including procedures to hold program participants teen dating violence or on the impact of physical accountable for any violent and abusive behavior and sexual violence against women on their chil- against either their children or their children’s dren. School psychologists, counselors, teachers, mother), responsible fatherhood programs can social workers, nurses, and child protection work- become important allies in community efforts to ers can be trained to respond to disclosures of end violence against women and children. physical and sexual assaults, teen dating violence, and exposure to domestic violence and provide Similarly, as batterer intervention programs teach appropriate referrals to services, protections, and abusive men to take responsibility for their violence supports. and its effects, they can also challenge fathers to understand the harm their violence does to their Studies of pregnant teens show consistently higher children and use their attachment to their children rates of victimization in intimate relationships.27 as an incentive to change abusive behavior. Also, girls who have a history of abuse, including sexual abuse, incest, and physical abuse, are at greater risk of becoming pregnant. Pregnancy can Coordinate Response to Child occur directly from a sexual assault or indirectly when the engages in risky behavior as a result Maltreatment and Domestic of abuse.28 Practitioners who serve pregnant teens Violence or teens who have been victimized should use var- ious approaches to support the teens’ educational As indicated above, both child maltreatment and and vocational achievement and the health of their domestic violence often occur in the same family.33 29 infants. Some battered women abuse and/or neglect their

4 | Toolkit To End Violence Against Women children or have additional problems, such as alco- Despite the fact that a high percentage of families hol or drug addictions, that affect their ability to within the child protective services caseload expe- care for their children. In these cases, the risks to rience domestic violence, neither child protective children must be carefully assessed, and appropri- service agencies nor the courts have traditionally ate protection and services should be provided to recognized or responded to the needs of victims both the children and their mothers. In other situa- and their families. In addition to facing a complex tions, a battered mother may refuse help or, after set of policy and practice dilemmas with these help is offered, decide to stay in a relationship that cases, they have had few, if any, resources. As a poses serious risks to both her and her children. result, too many battered mothers are left to fend Again, after a careful risk assessment, children for themselves against the perpetrator when their may need to be removed from the family, although children are first removed from their custody and, domestic violence services should continue to be in some instances, permanently removed from offered to both the mothers and the children. their parental care and control. Other mothers attempting to reestablish or retain custody receive Battered women seeking to protect their children little or no services for help in dealing with alco- from physical assaults or threats of a batterer and hol or drug abuse or other problems that place other harms that might result from leaving or re- their children at risk for maltreatment or neglect. porting a batterer need independent advocacy and support services to develop strategies that will Recently, child protection agencies, battered reduce or eliminate the particular risks they and women’s service providers, and courts have begun their children face. Safety planning services to recognize the often problematic nature of tradi- should be available for women who are leaving, tional responses. The development of collabora- returning to, or staying in these relationships. Only tive new policies and programs is under way.35 then can child protective service agencies and the Battered women and their children will be served courts determine whether these plans will protect best by interventions that are more plentiful, more children adequately.34 helpful, more varied, and offered earlier than those currently available. The range of options devel- In many communities and states, current systems oped must be informed by strategies battered designed to protect children often are laden with women use to protect their children and should disincentives and unintended consequences to bat- focus on enhancing the safety and agency of the tered women who want to access services for their battered parent as a key to enhancing the safety children. For example, a battered woman might and well-being of her children. take her child to a hospital to get the child treat- ment for injuries caused by the woman’s batterer. Effective services and supports in many cases The hospital worker is required by law to report negate the need for coercive actions on the part that abuse to child protective services; therefore, of government institutions unless such action is this woman, who voluntarily sought services for needed to protect the children. Outlined below her child, now involuntarily enters the child pro- are specific actions that youth service providers; tective services system. Although the larger child community-based sexual assault and domestic welfare system can offer the woman alternatives violence programs; medical, nursing, social work, to her current situation, she may fear losing her and other professional training programs; national child. She might also face charges based on her and state health professional associations; teach- failure to protect the child, as well as increased ers; school administrators; law enforcement and danger from her abuser for seeking help and call- criminal justice professionals; health and mental ing attention to his violence. How can we ensure health practitioners; batterer intervention pro- that this woman’s help-seeking serves her and her grams; local leaders; parent-teacher associations; children? and student groups can take to end violence against women.

Chapter 9. Intervention and Prevention for Children and Youth | 5 Build an Expanded Network of support and constructively confront their peers Intervention and Prevention Responses on issues related to violence. Develop specialized mentoring initiatives for 1. Develop and expand early intervention and preven- children and youth who have experienced or tion programs for parents. witnessed sexual and physical violence, and Expand the availability of programs that sup- integrate promising components into existing port parents (particularly young parents) in mentoring programs. building healthy relationships with each other Involve youth and parents in creating and dis- and their children; resolving conflicts respect- seminating written and multimedia materials on fully and nonviolently; accessing social, legal, safety and healthy relationships. health, and mental health services and econom- Develop programs at sites that serve children ic supports as necessary; and ensuring the and youth, such as schools, health clinics, day ongoing safety and well-being of their children. care centers, Head Start program locations, Ensure that such programs attach no stigma to community centers, home visitation programs, program participation, are linguistically and Boys & Girls Clubs, and agencies serving culturally competent, and offer immediate pro- immigrant and migrant populations. Encourage tection and support to children or parents in schools to be used as sites for such programs danger. even during nonschool hours. Use religious, Develop programs at sites that serve young spiritual, or faith-based activities targeting families, such as health clinics, day care cen- youth for such programming. Encourage ters, Head Start program locations, schools, parental participation in programs whenever community centers, home visitation programs, appropriate. Boys & Girls Clubs, and agencies serving Develop policies and mechanisms to carefully immigrant and migrant populations. screen staff and volunteers working with chil- dren and youth, including potential mentors, for 2. Expand and enhance quality, affordable, and acces- evidence of prior acts of abuse or sexual sible programs for children and youth, including those assault. after school, on weekends, and on school vacations. Fully involve child development and child wel- 3. Prepare all professionals working with children, fare experts, sexual assault and domestic vio- youth, and families to respond appropriately to chil- lence advocates, parents, and researchers in dren’s disclosures of abuse against themselves or a the design, implementation, and evaluation of parent, and refer them to intervention and prevention programs. services. Ensure that such programs attach no stigma to Target professionals working at all sites that program participation, are linguistically and serve children, youth, and young families, culturally competent, are developmentally and including schools, health clinics, day care cen- age appropriate, and offer immediate protection ters, Head Start program locations, neighbor- and support to children or parents in danger. hood family resource centers, home visitation Provide opportunities for children and youth to programs, faith-based institutions, Boys & Girls learn and practice nonviolent conflict resolu- Clubs, and agencies serving immigrant and tion, explore and form healthy attitudes toward migrant populations. relationships, and develop positive, appropriate Provide training on different forms of violence interpersonal relationships. and their impact on children and adults, secur- Help program participants talk about the issues ing immediate protection and referrals for of relationship violence, sexual assault, stalk- family members at risk of harm and working ing, and bullying; train youth to appropriately collaboratively with other professionals.

6 | Toolkit To End Violence Against Women Develop and provide training on the impact education programs at all family planning and of violence on children—including violence sexually transmitted disease clinics, including against women—to all health care providers programs that teach abstinence. working with children and youth. Include the Target violence prevention messages to male protective factors and interventions that help teens as part of teen pregnancy prevention ameliorate the impact of that violence. initiatives. Develop and enhance linguistically and cultur- Include information on the benefits of delaying ally competent screening and assessment tools, sexual intimacy for male and female teens. and implement policies and procedures to sup- port their consistent and effective use through- 6. Increase the availability of safe visitation centers out health care settings serving children and and exchange sites for children and mothers at ongo- youth. ing risk of sexual or domestic violence or stalking. Form a communitywide collaborative to design, 4. Design and expand programs specifically for chil- implement, and evaluate safe and accessible dren exposed to domestic violence and other trau- visitation options that maximize safety for matic situations. abused children and adults. Increase the availability and accessibility of Publicize the availability of safe visitation cen- affordable intervention services for children ters and exchange sites through community- who have been abused or have witnessed based sexual assault and domestic violence domestic violence. programs, parent organizations, the courts, and Develop and ensure the consistent use of tools other community groups. to assess individually the impact of violence on the children involved. Tailor services to counter 7. Identify and address disincentives for abused par- the short- and long-term negative impact of ents and parents of abused children to participate in exposure to domestic violence. intervention and prevention services. Develop parallel services for the children’s Work with at-risk parents to identify current abused parents that support their safety and disincentives and barriers to help-seeking and stability. program participation. Identify ways to more actively support partici- 5. Establish more programs that identify, respond to, pation in services for abused children and par- and prevent violence against teen mothers. ents. Consider separating such services from Train staff working with teen parents in child protective services system involvement schools, health and social service agencies, and unless there is imminent risk of harm. Consider community-based organizations to routinely providing earlier intervention services to avoid screen and assess for physical and sexual abuse. the necessity of child protective services. Provide training to teen mothers and fathers that Coordinate civil and criminal court information supports the development of nonviolent rela- on cases involving domestic violence, child tionships and parenting skills and provides support, custody, and visitation. information on community resources to support them as parents. 8. Work with fatherhood programs to fully integrate a Provide a full range of affordable social and commitment to the safety and well-being of all family mental health services to keep teen parents in members into educational, counseling, and advocacy school and reduce the isolation of teen mothers services. and their children. Emphasize the use of nonviolent parenting tech- Include information on sexual assault, domestic niques for participants who will have ongoing violence, stalking, and coercion in safe-sex contact with either their children or their chil- dren’s mothers.

Chapter 9. Intervention and Prevention for Children and Youth | 7 Develop responses for program participants who 11. Implement intervention and prevention programs engage in abusive behavior against either their that address bullying and physical and sexual assault, children or their children’s mothers to ensure and teach youth social skills that enable students to victim safety and perpetrator accountability. develop healthy, nonviolent relationships. Integrate linguistically and culturally competent Provide age-appropriate information on the information on nonviolent parenting techniques prevalence of acquaintance rape and other and responsible fatherhood into program forms of community and family violence, curriculums. including the warning signs that may signal risks to a student’s safety, situations and cir- Build collaborative relationships among batterer cumstances that foster nonconsensual sexual intervention programs, fatherhood programs, conduct, the kinds of behaviors that constitute community-based domestic violence programs, stalking, and appropriate response strategies. and other children and youth programs, includ- ing programs for children exposed to domestic Provide information to students about how to violence. ask for help from parents (or when necessary, teachers and other adults) and how to respond appropriately to physical, emotional, or sexual Enhance School System Response violence among their peers. 9. Develop policies, applicable to all employees and Include information on the role of bystanders, students, that define a school’s response to violence including age-appropriate strategies students and policies or codes of conduct prohibiting sexual can use to assist victims of physical, sexual, or harassment, assault, and dating violence. emotional abuse or bullying and safely chal- Ensure that policies are consistent with existing lenge perpetrator behavior, as well as how to laws. Provide training for teachers, administra- report incidents. tors, and other school personnel on policies and Destigmatize mental health services, and offer a their implementation. wide variety of services with parental notifica- Widely disseminate information on these poli- tion and consent, such as support groups, peer cies throughout the school system, including mediation and counseling, 12-step models, and distribution to school administrators, teachers, individual counseling. and other personnel; students; and parents. 12. Develop a comprehensive school safety plan that 10. Design and implement core training for all school incorporates strategies to prevent violence against personnel on effective prevention strategies, the women and girls and includes personal safety plan- impact of violence against women and other forms of ning for staff and students. violence, and how to respond appropriately to disclo- Include students and parents, mental health sures of abuse. providers, police and juvenile justice authori- Provide this training throughout the school sys- ties, and local sexual assault and domestic vio- tem, and include principals, school superintend- lence advocacy groups in the development and ents, school boards, teachers, school social implementation of the safety plan. workers, guidance counselors, school nurses, Widely disseminate information on the plan to school resource officers, administrative and students, parents, all school personnel, and office personnel, security personnel, coaches, community leaders. bus drivers, and janitorial and cafeteria staff. Develop a school plan to address students who sexually assault and/or batter that responsibly balances the requirement to educate all students with the need to ensure that school is a safe place.

8 | Toolkit To End Violence Against Women Build Communitywide Collaborations Coordinate Child Protection Agencies, Courts, and Domestic Violence Program 13. Create and provide ongoing support to collabora- tive partnerships among schools, mental health cen- Response ters, and the courts to provide families with education, 15. When investigating allegations of child maltreat- services, and protection for children exposed to vio- ment at child protection agencies, screen for domestic lence and adolescents who are victims or perpetrators violence, and respond appropriately when domestic of or at risk for family and dating violence. violence is disclosed. Develop opportunities for coordination between Assess and consider the impact of the parents’ youth violence prevention programs and pro- abuse, as well as issues such as substance grams addressing violence against women. abuse, homelessness, and unemployment, on the children and on the parents’ ability to care 14. Fully engage residents in the development and implementation of prevention campaigns that include for them. specific strategies, activities, materials, and messages Assist the battered parents in making safety and responsive to the needs of the community. self-sufficiency plans for themselves and their Involve young parents, community leaders, for- children. mal and informal supports,36 and other commu- Incorporate the needs and suggestions of the nity members in the planning, development, nonoffending parent in case plans as appropri- and implementation of prevention strategies to ate, and provide comprehensive advocacy establish credibility, inspire community owner- services. ship and commitment, and facilitate broad com- Provide services designed to allow the children munity participation. to remain at home with the nonoffending parent Incorporate information provided by survivors whenever it is safe to do so. Coordinate with of sexual assault, dating and domestic violence, police and courts to ensure their safety, includ- or stalking into program development and ing prosecuting the batterer, helping to find implementation. alternative housing, and ensuring the confiden- Provide practical tools for men and boys to pre- tiality of address. pare them to be responsible bystanders commit- Develop a separate case plan for the abusive ted to intervening appropriately and safely in parent or adult to hold that person accountable incidents of sexual and physical assault involv- for his violence and its effects, and work with ing children and youth. In appeals to men and police and courts to enforce that accountability. boys, acknowledge that they themselves may Encourage “reasonable efforts,” which can have been victims of child sexual assault. effectively provide family preservation services Develop strategies to hold the media account- (keeping a nonabusing parent with her children) able for playing both positive and negative roles such as housing, economic assistance, and job in children’s exposure to violence. Involve local training to abused mothers. news media in community efforts to stop vio- Recommend good cause exceptions to the lence within families and the community. Adoption and Safe Families Act37 timelines when it would likely result in the nonabusing parent and children remaining safely together, with child safety and permanency being pri- mary concerns.

Chapter 9. Intervention and Prevention for Children and Youth | 9 Consider eliminating “failure to protect” as a Develop policies and protocols and/or memo- reason for removing children, unless support randums of agreement to outline the means of has been provided to the mother in her efforts coordination and collaboration. to protect or she has made no effort. Design and institute cross training for personnel within the three systems, including all counsel 16. When overlapping domestic violence and child representing victims, perpetrators, and children. maltreatment cases come before the court, implement Collaboratively develop information-sharing a coordinated court and community response that cre- ates safety for abused or neglected children and their protocols that preserve the confidentiality and abused parents, enhances the stability and well-being privileged communication critical to providing of the children, and holds the perpetrator of the vio- advocacy services and that properly balance the lence accountable. need for information on the alleged child mal- treatment and the need of a battered parent to Provide battered parents with comprehensive keep information confidential as part of safety advocacy to assist them in negotiating the child planning efforts. protection and dependency court systems and securing the necessary services. Develop specialized expertise within the three systems that enhances workers’ ability to Provide case advocates to children in these respond adequately to cases that require addi- cases, and ensure that advocates receive ongo- tional time or expertise. ing training on domestic violence issues and children’s legal rights. Include batterer intervention programs in cross training and multidisciplinary case planning to Develop separate service plans for each parent provide monitoring and social service interven- or adult, and hold parties accountable for com- tions for abusive men, as well as appropriate pliance with their individual plan. followup on arrests and prosecutions. Name the abusive party (family or nonfamily Increase the juvenile or family court’s ability to member) in the petition, and document in the communicate and coordinate with other civil petition any domestic violence that has caused and criminal courts about concurrent cases harm to the child. involving family members. Ensure that any petitions alleging “failure to Screen all proposed caretakers and child advo- protect” on the part of the battered parent iden- cates for child maltreatment, criminal history, tify the perpetrator from whom she failed to domestic violence, and substance abuse. protect, and document the parent’s efforts to protect as well as her failures to protect.

17. Promote policies that enhance the ability of child Resources protective services, the criminal and civil justice sys- tem, and domestic violence agencies to work together Alliance for Children and Families to improve safety and accountability in cases where Communications Department domestic violence and child maltreatment coexist. 11700 West Lake Park Drive Expand domestic violence councils or create Milwaukee, WI 53224 Phone: 414–359–1040 or 1–800–221–3726 new task forces at the state and community lev- Fax: 414–359–1074 els to begin the dialog on how these three sys- Web site: www.alliance1.org tems can agree on common goals and work toward them together, including how best to Membership in the Alliance for Children and provide advocacy for battered women in each Families includes nonprofit child- and family- of the three systems. serving organizations across the country. The Alliance aims to strengthen members’ capacity to serve and advocate for children, families, and

10 | Toolkit To End Violence Against Women communities by providing public policy and advo- offers voluntary free counseling to women and cacy efforts, research and resource development, their children in cases in which the court has inter- library services, media information, and communi- vened and removed youth from the home. ty programs. Family Violence and Sexual Assault Institute Big Big of America 7120 Herman Jared Drive 230 North 13th Street Forth Worth, TX 76180 Philadelphia, PA 19107 Phone: 817–569–8882 Phone: 215–567–7000 Fax: 817–485–0600 Fax: 215–567–0394 Web site: www.fvsai.org Web site: www.bbbsa.org The Family Violence and Sexual Assault Institute Big Brothers Big Sisters of America is the nation’s (FVSAI) publishes the Quarterly International largest and oldest youth mentoring program. Family Violence and Sexual Assault Bulletin, a re- Volunteers provide one-on-one mentoring to chil- source for grants, workshops, and prevention and dren who primarily are from single-parent house- intervention programs. FVSAI also hosts confer- holds in more than 500 communities throughout ences on child abuse and neglect throughout the the United States. year.

Center on Children and the Law Family Violence Prevention Fund American Bar Association 383 Rhode Island Street, Suite 304 740 15th Street NW. San Francisco, CA 94103–5133 Washington, DC 20005–1022 Phone: 415–252–8900 Phone: 202–662–1720 Fax: 415–252–8991 Fax: 202–662–755 Web site: www.fvpf.org E-mail: [email protected] The Family Violence Prevention Fund works to Web site: www.abanet.org/child end domestic violence and help women and chil- The American Bar Association (ABA) Center on dren whose lives are affected by abuse. The Web Children and the Law focuses on improving chil- site offers free online catalogs, articles and infor- dren’s lives through advances in law, justice, mation on abuse and violence, press releases and knowledge, practice, and public policy. ABA pub- story archives, information on public policy lications that deal with issues of child abuse and efforts, and other resource materials. neglect include ABA Child Law Practice, ABA Child CourtWorks, and Children’s Legal Rights Keep Schools Safe: A Collection of Resources To Journal. The Web site features ABA publications Help Make Schools Safer and materials, child welfare law tips, bulletin Web site: www.keepschoolssafe.org boards and an e-mail center, and other resources. A project of the National Association of Attorneys General and the National School Boards Associ- Dependency Court Intervention Program for ation, this Web site provides information and re- Family Violence sources for concerned parents, teachers and school 2700 NW. 36th Street, Suite 114 Miami, FL 33142 administrators, and law enforcement officers. Phone: 305–638–5619 E-mail: [email protected] National Children’s Advocacy Center 106 Lincoln Street The Dependency Court Intervention Program for Huntsville, AL 35801 Family Violence is a pilot project developed to Phone: 256–533–5437 review justice system procedures for women and Fax: 256–534–9616 children who have been abused. The program Web site: www.ncac-hsv.org

Chapter 9. Intervention and Prevention for Children and Youth | 11 The National Children’s Advocacy Center pro- Resource Center on Domestic Violence: Child vides prevention, intervention, and treatment Protection and Custody services to physically and sexually abused chil- National Council of Juvenile and Family Court Judges dren and their families and training on interven- P.O. Box 8970 tion and techniques for conducting a successful Reno, NV 89507 investigative interview. Phone: 1–800–527–3223 Fax: 775–784–6160 Web site: www.dvlawsearch.com/res_center National Children’s Alliance (formerly the National Network of Children’s Advocacy Centers) The Resource Center on Domestic Violence: Child 1612 K Street NW., Suite 500 Protection and Custody provides access to infor- Washington, DC 20006 mation and assistance to professionals in the field Phone: 202–452–6001 or 1–800–239–9950 of domestic violence and child protection and cus- Web site: www.nncac.org tody. The Web site includes an online video library The National Children’s Alliance (NCA) provides that contains material on dating and domestic vio- training, technical assistance, and networking lence, child abuse, and related topics. opportunities to help communities plan, establish, and improve children’s advocacy centers. NCA’s Violence Against Women Online Resources approach to combating child abuse is to work with Web site: www.vaw.umn.edu the children and their families in a child-focused This Web site provides up-to-date information on environment. interventions to stop violence against women for professionals in the fields of law, criminal justice, National Clearinghouse on Child Abuse and advocacy, and social service. Neglect Information 300 C Street SW. Washington, DC 20447 Endnotes Phone: 1–800–FYI–3366 Web site: www.calib.com/nccanch 1. Bureau of Justice Statistics (1998). Violence by The National Clearinghouse on Child Abuse and Intimates: Analysis of Data on Crimes by Current Neglect Information (NCCANI) offers resources or Former Spouses, Boyfriends, and Girlfriends. on the prevention, identification, and treatment of Washington, DC: U.S. Department of Justice. NCJ child abuse and neglect and related child welfare 167237 issues. NCCANI provides free statistics, databas- 2. Edleson, J.L. (1999). “Children’s Witnessing es, fact sheets and other publications, information of Adult Domestic Violence.” Journal of Inter- on funding opportunities, and related resources on personal Violence 14(8): pp. 839Ð870. child abuse and neglect. 3. Straus, Murray A., Gelles, Richard J., and National Council on Child Abuse and Family Violence Smith, Christine (1990). Physical Violence in 1155 Connecticut Avenue NW., Suite 400 American Families: Risk Factors and Adaptations Washington, DC 20036 Phone: 202–429–6695 or 1–800–222–2000 to Violence in 8,145 Families. New Brunswick, Web site: www.nccafv.org NJ: Transaction Publishers. The National Council on Child Abuse and Family 4. The Oregon Department of Human Resources Violence offers information and resources on reports, for example, that domestic violence issues related to abuse of children, spouses, and occurred in 41 percent of the families in which the elderly. The Web site includes relevant statis- children had been critically injured or killed. tics and lists of warning signs to help readers rec- Source: Oregon Children’s Services Division ognize when someone they know is being abused. (1993). Task Force Report on Child Fatalities and

12 | Toolkit To End Violence Against Women Critical Injuries Due to Abuse and Neglect. Salem, meeting of the Collaborative Violence Prevention OR: Oregon Department of Human Resources. Initiative, San Francisco, CA. Data on 67 child fatalities in families previously identified by the Massachusetts Department of Tolan, P. (2000). Youth Violence Prevention. Paper Social Services found that 43 percent had occurred presented at the meeting of the Collaborative in families in which the mother also identified her- Violence Prevention Initiative, San Francisco, CA. self as a victim of domestic violence. Source: Felix, A.C., III, and McCarthy, K.F. (1994). An 11. Owen, B., and Bloom, B. (1997). “Profiling Analysis of Child Fatalities, 1992. Boston, MA: the Needs of Young Female Offenders.” Report Commonwealth of Massachusetts Department of to the Executive Staff of the California Youth Social Services. Authority. Sacramento, CA: California Youth Authority. 5. U.S. Advisory Board on Child Abuse and Neglect (1995). A Nation’s : Fatal Child 12. Chamberlain, P., and Reid, J. (1994). Abuse and Neglect in the United States: Fifth “Differences in Risk Factors and Adjustment for Report. Washington, DC: U.S. Department of Male and Female Delinquents in Treatment and Health and Human Services, Administration for .” Journal of Child and Family Studies Children and Families. p. 253. 3(1): pp. 23Ð39.

6. Pynoos, R.S., and Nader, K. (1988). “Children 13. Office of Juvenile Justice and Delinquency Who Witness the Sexual Assaults of Their Prevention (1998). Guiding Principles for Pro- Mothers.” Journal of the American Academy of mising Female Programming: An Inventory of Best Child and Adolescent Psychiatry 27(5): pp. Practices. Washington, DC: U.S. Department of 567Ð572. Justice. pp. 3Ð4. NCJ 173415

7. Gallup, G.H., Jr., Moor, D.W., and Schussel, 14. Fantuzzo, J.W., DePaula, L.M., Lambert, L., R. (1997). Disciplining Children in America. Martino, T., Anderson, G., and Sutton, S. (1991). Princeton, NJ: The Gallup Organization. “Effects of Interpersonal Violence on the Psycho- logical Adjustment and Competencies of Young 8. Straus, Murray A. (1992). “Children as Children.” Journal of Consulting and Clinical Witnesses to Marital Violence: A Risk Factor Psychology 59(2): pp. 258Ð265. for Lifelong Problems Among a Nationally Representative Sample of American Men and Adamson, L.A., and Thompson, R.A. (1998). Women.” Report of the Twenty-Third Ross “Coping With Interparental Verbal Conflict by Roundtable. Columbus, OH: Ross Laboratories. Children Exposed to Spouse Abuse and Children From Nonviolent Homes.” Journal of Family 9. Widom, C.S. (1992). The Cycle of Violence. Violence 13(3): pp. 213Ð232. Washington, DC: National Institute of Justice. NCJ 136607 Hughes, H.M., Parkinson, D., and Vargo, M. (1989). “Witnessing Spouse Abuse and Ex- 10. Daro, D., and Cohn Donnelly, A. (2000). periencing Physical Abuse: A ‘Double Child Abuse Prevention: Accomplishments and Whammy’?” Journal of Family Violence 4(2): Challenges. Paper presented at the meeting of the pp. 197Ð209. Collaborative Violence Prevention Initiative, San Francisco, CA. Maker, A.H., Kemmelmeier, M., and Peterson, C. (1998). “Long-Term Psychological Consequences Edleson, J.L. (2000). Primary Prevention and in Women of Witnessing Parental Physical Adult Domestic Violence. Paper presented at the Conflict and Experiencing Abuse in Childhood.”

Chapter 9. Intervention and Prevention for Children and Youth | 13 Journal of Interpersonal Violence 13(5): pp. and Self-Esteem Among College Students.” 574Ð589. Journal of Family Violence 10(2): pp. 177Ð202.

Sternberg, K.J., Lamb, M.E., Greenbaum, C., See M. Pagelow, “Children in Violent Families: Cicchetti, D., Dawud, S., Cortes, R.M., Krispin, Direct and Indirect Victims,” and G. Goodman and O., and Lorey, F. (1993). “Effects of Domestic M. Rosenburg, “The Child Witness to Family Violence on Children’s Behavior Problems and Violence: Clinical and Legal Considerations,” for Depression.” Developmental Psychology 29(1): pp. detailed discussions of the impacts children in vio- 44Ð52. lent families may suffer.

15. Rossman, B.B. (1998). “Descartes’s Error and 21. Straus, Gelles, and Smith (1990). op. cit. Posttraumatic Stress Disorder: Cognition and (see note 3). Emotion in Children Who Are Exposed to Parental Violence.” In G.W. Holden, R. Geffner, and E.N. 22. Blumstein, Alfred (1994). Youth Violence: Jouriles (Eds.), Children Exposed to Marital 1994 Task Force Reports. American Society of Violence. Washington, DC: - Criminology to U.S. Attorney General Janet Reno. logical Association. pp. 223Ð256. Available online at www.asc41.com/taskreports/ youthviolence.txt. 16. Groves, B.M. (1999). “Mental Health Services for Children Who Witness Domestic Violence.” 23. Centers for Disease Control and Prevention The Future of Children: Domestic Violence and (1998). “Definition of Violence.” Partnerships Children. 9(3): pp. 122Ð132. for Preventing Violence. Available online at www.hsph.harvard.edu/php/VPP/partnerships. 17. Sudermann, M., Jaffe, P.G., and Hastings, E. (1995). “Violence Prevention Programs in 24. Centers for Disease Control and Prevention. Secondary (High) Schools.” In E. Peled, P.G. (Pending publication). Atlanta, GA: Centers for Jaffe, and J.L. Edleson (Eds.), Ending the Cycle of Disease Control and Prevention. Violence: Community Responses to Children of Battered Women. Thousand Oaks, CA: Sage 25. See Keep Schools Safe: A Collection of Publications, Inc. Resources to Help Make Schools Safer Web site. A project of the National Association of Attorneys 18. Wolfe, D.A., Wekerle, C., Reitzel, D., and General and the National School Boards Associa- Gough, R. (1995). “Strategies To Address Vio- tion. www.keepschoolssafe.org lence in the Lives of High Risk Youth.” In E. Peled, P.G. Jaffe, and J.L. Edleson (Eds.), Ending 26. Blumstein (1994), op. cit. (see note 22). the Cycle of Violence: Community Responses to 27. Guard, Anara (1997). Violence and Teen Children of Battered Women. Thousand Oaks, CA: Pregnancy: A Resource Guide for Maternal Sage Publications, Inc. and Child Health Practitioners. Newton, MA: 19. Spaccarelli, S., Sandler, I.N., and Roosa, M. Children’s Safety Network, Education (1994). “History of Spouse Violence Against Development Center, Inc. pp. 2Ð3. Mother: Correlated Risks and Unique Effects in 28. Ibid. p. 5. Child Mental Health.” Journal of Family Violence 9(1): pp. 79Ð98. 29. Boyer, D. (1999). “Childhood Sexual Abuse: The Forgotten Issue in Adolescent Pregnancy 20. Silvern, L., Karyl, J., Waelde, L., Hodges, and Welfare Reform.” In R.A. Brandwein (Ed.), W.F., Starek, J., Heidt, E., and Min, Kyung (1995). Battered Women, Children, and Welfare Reform: “Retrospective Reports of Parental Partner Abuse: Relationships to Depression, Trauma Symptoms

14 | Toolkit To End Violence Against Women The Ties That Bind. Thousand Oaks, CA: Sage 34. Ibid. and Lecklitner, G., Malik, N., Aaron, S., Publications, Inc. pp. 131Ð143. and Lederman, C. (1999). “Promoting Safety for Abused Children and Battered Mothers: Miami- 30. Schechter, S., and Edleson, J.L. (2000). Dade County’s Model Dependency Court Inter- Domestic Violence and Children: Creating a vention Program.” Child Maltreatment 4(2): pp. Public Response. New York, NY: Open Society 175Ð182. Institute’s Center on Crime, Communities & Culture. 35. Ibid. and National Council of Juvenile and Family Court Judges (1998). Emerging Programs 31. AWAKE Program, Children’s Hospital, for Battered Mothers and Their Children. Reno, Boston, Massachusetts. In a 16-month followup NV: National Council of Juvenile and Family with 46 mothers served by program advocates, Court Judges. 85 percent of the women reported they were free from violence, and in only one family had children Schechter, S., and Edleson, J. (1999). Effective been placed in foster care. Spears, L. (1999). Intervention in Domestic Violence and Child “Building Bridges Between Domestic Violence Maltreatment Cases: Guidelines for Policy and Organizations and Child Protective Services.” Practice. Reno, NV: National Council of Juvenile p. 20, note 17. Septenber. Available from Child and Family Court Judges. Welfare League of America, 202Ð638Ð2952. Findlater, J.E., and Kelly, S. (1999). “Child 32. Blumstein (1994), op. cit. (see note 22). Protective Services and Domestic Violence.” The Future of Children: Domestic Violence and 33. See also National Clearinghouse on Child Children 9(3): pp. 84Ð96. Abuse and Neglect Information (1999). In Harm’s Way: Domestic Violence and Child Maltreatment. 36. “Formal supports” are community-based serv- Washington, DC: National Clearinghouse on Child ice providers, governmental service programs, etc. Abuse and Neglect Information. p. 1. “Informal supports” are neighborhood groups, faith communities, sports clubs, social clubs, etc. Appel, A.E., and Holden, G.W. (1998). “The Co- Occurrence of Spouse and Physical Child Abuse: 37. Adoption and Safe Families Act, Pub. L. No. A Review and Appraisal.” Journal of Family 105Ð89 (1997), which amends and reauthorizes Psychology 12(4): pp. 578Ð599. Pub. L. No. 96Ð272, the Adoption Assistance and Child Welfare Act of 1980 and the Family Edleson, J.L. (1999). “The Overlap Between Child Preservation and Family Support Program, Pub. L. Maltreatment and Woman Battering.” Violence No. 96Ð272 It requires states to move children Against Women 5(2): pp. 134Ð154. from foster care into permanent homes more rap- idly than did Pub. L. No. 96Ð272, by speeding Findlater, J.E., and Kelly, S. (1999). “Child court response and, when necessary, by terminat- Protective Services and Domestic Violence.” ing parental rights more quickly and encouraging The Future of Children: Domestic Violence and . From Schechter, S., and Edleson, J. p. Children 9(3): pp. 84Ð96. 127.

Lederman, C., Malik, N., and Aaron, S. (2000). “The Nexus Between Child Maltreatment and Domestic Violence: A View From the Court.” References Journal of the Center for Children and the Court American Bar Association, House of Delegates 2: pp. 129Ð135. (July 2000). Policy on Safe Visitation.

Chapter 9. Intervention and Prevention for Children and Youth | 15 American Bar Association, House of Delegates Lederman, C., and Brown, E. (In press). En- (July 2000). Policy on Opt-Out Provisions in tangled in the Shadows: Girls in the Juvenile Court Mandated Mediation Programs. Justice System. Buffalo, NY: Buffalo Law Review.

Behrman, R.E. (Ed.) (1999). The Future of Lederman, C., Malik, N., and Aaron, S. (2000). Children: Domestic Violence and Children “The Nexus Between Child Maltreatment and (Winter) 9(3). Domestic Violence: A View From the Court.” Journal of the Center for Families, Children, and Groves, B.M. (1999). “Mental Health Services for the Courts 2: pp. 129Ð135. Children Who Witness Domestic Violence.” The Future of Children: Domestic Violence and Liz Claiborne, Inc. (1998). A Parent’s Handbook: Children (Winter) 9(3): pp. 122Ð132. How To Talk to Your Children About Developing Healthy Relationships. New York: Liz Claiborne, Guard, Anara (1997). Violence and Teen Inc. Pregnancy: A Resource Guide for Maternal and Child Health Practitioners. Newton, MA: Office for Victims of Crime (1999). Breaking the Children’s Safety Network, Education Cycle of Violence: Recommendations to Improve Development Center, Inc. the Criminal Justice Response to Child Victims and Witnesses. Washington, DC: U.S. Department National Council of Juvenile and Family Court of Justice. NCJ 176983 Judges (1998). Emerging Programs for Battered Mothers and Their Children. Reno, NV: National Schechter, S., and Edleson, J. (2000). Domestic Council of Juvenile and Family Court Judges. Violence and Children: Creating a Public Re- sponse. New York, NY: Open Society Institute, Keep Schools Safe: A Collection of Resources to Center on Crime, Communities & Culture. Help Make Schools Safer Web site. A project of the National Association of Attorneys General and ———. (1999). Effective Intervention in Domestic the National School Boards Association. Violence and Child Maltreatment Cases: www.keepschoolssafe.org Guidelines for Policy and Practice. Reno, NV: National Council of Juvenile and Family Court Judges.

16 | Toolkit To End Violence Against Women The Public Work to develop Work Equip service Focus on building Work with the media to Work Encourage corporations to Encourage Conduct research to determine Move beyond traditional media outlets such as beyond Move Enlist sexual assault, dating and domestic vio- Use the free media (newspapers, wire services, television, radio, the impact and effectiveness of public servicethe impact and effectiveness and public education campaigns, and campaigns to increase their impact. then refine messages dispel myths about sexual assault, dating and domestic violence, and stalking. become partners devel- in addressing sexual assault and domestic violence by that address these issues. policies oping workplace public education efforts rigorously. Evaluate Create partnerships with the media so that antiviolence campaigns continue in media ownership and leadership. through changes support for media campaigns. Seek corporate not be campaigns to populations that might education and awareness Target outreach. reached via a general the leadership skills of community members so that leaders of community the leadership skills of community members messengers. can become powerful groups to young people and men. campaigns education and awareness Target about relation- adults young public education campaigns that educate Develop ship violence, sexual assault, and stalking. men, campaigns that target Develop efforts men to lead women. to end violence against and urge Complement community service free media campaigns with aggressive campaigns. magazines, and the Internet media outlets) to reach and other nontraditional broader audiences. newspapers, television, radio, and the Internet to reach these audiences. Form community partnerships. lence, faith leaders; and other community educators; and stalking advocates; about all forms against of violence to raise awareness together leaders to work women. component. Create campaigns with a grassroots-organizing Engage the media,Engage members, community educators. and services to turn where know so that victims of available community awareness to for help. At the same time, that help messages prevention communicate behavior. abusive violent and against create social sanctions seek help. to those who Ensure that services are available community by to handle the increase in requests for help generated providers education campaigns. in communities that lack needed programs Create new services. Chapter 10. Educating and Mobilizing the Public About Violence Against Women Against Violence About the Public and Mobilizing Educating 10. Chapter What Communities Can Do To Make To Do Can Communities What A Difference Chapter 10 Educating and Mobilizing the Public About Violence Against Women

ommunity education campaigns can be media can carry more public service announce- powerful tools in building awareness and ments about services available to victims. C changing public attitudes about violence against women. Recent campaigns have encour- Corporations can help leverage coverage by asking aged drivers to wear seatbelts and avoid driving the media outlets in and on which they advertise while intoxicated and have successfully promoted to donate time or space to select public service the need for mammograms, AIDS education and announcements. Some corporations have either prevention, and colorectal cancer screening. convinced public service directors to run spots on violence against women or have developed and Women who have been victims of violent crimes placed their own spots. can benefit tremendously when television stations and networks, radio stations, newspapers, maga- zines, Web sites, and other media promote the Engaging the Free Media To phone numbers of local, state, and national sexual assault and domestic violence hotlines. After pub- Build Awareness lic service announcements appear, directors of The news media—newspapers, wire services, tele- these hotlines regularly report increases in the vision, radio, magazines, newsletters, and the number of telephone calls. Internet—are the primary sources of information Today, local, state, and national campaigns inform for the vast majority of adults. If news stories victims of sexual assault, dating and domestic vio- carry messages that are neutral about or imply lence, and stalking about available services, com- acceptance of physical and sexual violence and municate that violence against women is wrong, stalking or messages that blame the victim, and promote behavioral change among the general community members may be disinclined to take public and in specific communities. These public action against such abuse. Stories that explore the education campaigns have the power to help the causes of violence against women can give the general public support family, friends, neighbors, public insight and direction and motivate people to and coworkers who are victimized and to create a take constructive action to help victims, challenge more educated population from which to choose perpetrators, and do what they can to stop every jurors when crimes are prosecuted. type of abuse.

The media can do much more to change public Victim advocates can plan innovative activities attitudes about violence against women. Members to generate news coverage that delivers positive of the media can donate more time and space to messages. For example, community leaders in a campaigns that educate and mobilize the public small midland city began organizing awareness about violence against women. For example, the activities in the early 1990s and generated news coverage of their public hearings on domestic

| 1 violence. A South Asian community in a large Reaching Out to Diverse American city has generated stories for South Asian television stations and newspapers and in Audiences mainstream newspapers about marches against domestic violence in their neighborhood, speeches Media campaigns, messages advocating preven- by survivors, and protests at a batterer’s home. tion, and spokespeople may be ineffective in The sexual assault coalition of one midwestern reaching communities with different languages, state generated newspaper stories because of its cultures, and interests. Advocates should develop unique public awareness campaign targeting boys public awareness campaigns that target popula- between ages 14 and 16. Local radio and televi- tions that might not be reached via a general out- sion stations also reacted positively to the award- reach. The most effective culturally specific winning campaign and offered hours of free campaigns use messengers who come from that airtime for public service announcements. These community and tailor language, concepts, images, are but a few examples of successful strategies and messages to which the target audience can used by advocates to increase attention to violence relate. Campaigns should use a range of delivery against women. mediums such as foreign language radio stations and other nontraditional media outlets to reach the Advocates also can engage the media directly to widest audience. generate coverage that educates Americans about sexual assault, dating and domestic violence, and In several instances, advocates have worked with stalking; encourages people to take action to pre- diverse communities to reach broader audiences. vent violence against women; and rallies support For example, a large urban Arab community in the for local service providers. To do this, advocates United States developed culturally specific materi- should establish relationships with journalists, als on domestic violence in response to the “honor propose news stories, provide documented back- killing” of a young woman. Several locally based ground information, and recommend qualified programs have developed successful campaigns experts and spokespersons for interviews. Ed- that reach out to men. Finally, a state sexual as- ucating the media about the complex issues sur- sault coalition recently completed evaluating its rounding sexual assault, dating and domestic award-winning public awareness campaign, which violence, and stalking will result in better news included separate messages for boys and girls. The stories because educated journalists will cover the evaluation showed that the messages specifically issues more comprehensively and effectively. developed to reach boys—who traditionally have Advocates should keep in mind that media outlets not been targeted in awareness campaigns about have frequent personnel changes; therefore, media sexual assault—were especially successful at education has to be an ongoing process. changing social norms among young men.

Partnering with the free media can be important when planning for public service activities. An Targeting Teens ongoing relationship with a local radio station, for example, can make it easier to place public service Ideas and opinions about violence against girls announcements, as well-known DJs can make and women are formed at a young age. Communi- effective spokespeople for awareness campaigns. ties can focus some outreach efforts on young girls and boys to influence the development of attitudes and behaviors that may last a lifetime. Parents should be involved in the development of any campaigns directed at children under the age of 18.

2 | Toolkit To End Violence Against Women Many good examples of successful campaigns tar- Reacting to Negative Media geting teens exist. A state sexual assault coalition has reached out effectively to students ages 11Ð15 Messages via its comprehensive annual awareness campaign (funded by a federal Violence Against Women Act Advocates for battered women and victims of sex- grant). The campaign includes posters, partnership ual assault and stalking are increasingly accused of with a local radio station, a CD with songs by exaggerating the prevalence of violence and of local artists, and a magazine about sexual assault being unfair to men. The news media often report that is targeted to girls. The coalition also has on challenges to studies that demonstrate the per- developed a curriculum on for vasiveness of violence against women. Advocates schools and arranged for prevention educators to can capitalize on the attention media give such visit local schools. challenges by countering with accurate information about violence against women. They can effective- Other programs also have reached out to diverse ly respond to challenges by remaining vigilant, teen audiences. One program meets with Native monitoring the media, accurately citing data in American girls ages 13Ð15 at local schools to publications, developing strong proactive and reac- teach the girls about teen dating violence. Another tive messages, coordinating with allies, and engag- program in an African-American community runs ing the media. a “ to Sister” project to help promote self- esteem and prevent violence against young Outlined below are specific actions that commu- women. The program also runs a “ to nity allies and advocates for victims of sexual Brother” campaign and has developed a play assault, dating and domestic violence, and stalking about violence entitled “Enough Is Enough.” can take to educate and mobilize the public.

Advocates also can partner with programs in the Conduct Aggressive Community Education community that already target teens. Many organi- Campaigns zations already work with teens on issues such as AIDS and HIV prevention, substance abuse pre- 1. Focus community education on building awareness vention, violence prevention, conflict resolution, of available services so that victims of sexual assault, and sexuality education. Where effective programs dating and domestic violence, and stalking know exist, advocates should partner with these organi- where to turn for help. zations to add information about sexual assault, Coordinate with service providers where the dating and domestic violence, and stalking. campaign will be targeted to develop messages and visual images that are both powerful and School-based projects serve to train the next gen- sensitive to that community. eration of college leaders on the issues of sexual assault, dating and domestic violence, and stalk- Carefully select the appropriate spokespeople to ing. Many types of creative peer counseling be sure the target audiences can relate to their groups and some of the most effective public edu- messages. cation campaigns, including Take Back the Night Involve survivors and a diverse representation of marches, take place on college campuses. These community members in campaign development. programs will be even more effective when the incoming college students who lead these pro- 2. Develop campaigns that challenge victim blaming, grams have already been taught about issues re- and engage men in holding other men accountable for lated to violence against women. violence. Work with schools, community members, and survivors to develop a campaign that changes

Chapter 10. Educating and Mobilizing the Public About Violence Against Women | 3 the belief that victims of violence are to blame Refine messages and campaigns as needed to for their victimization. increase their impact and expand their reach. Develop simple actions that people can take to send the message that violence against women Engage the Free Media in Building is wrong. Awareness Develop messages targeted to perpetrators of violence against women and girls that encour- 5. Use the free media to reach broader audiences. age accountability and behavior change. Develop creative and newsworthy events with Focus on the role of bystanders—including visual appeal to launch and promote the strategies men can use to prevent violence campaign. against women—to address or challenge perpe- Develop a set of messages that spokespeople trator behavior, identify and assist victims, and will use when discussing the issue and make appropriate referrals. campaign. Integrate messages that communicate how Establish a group of spokespeople who are as racism, sexism, and homophobia can nurture diverse as the targeted community, have various and support sexual assault and domestic types of experience and expertise, and will violence. make themselves available for interviews. Test campaign messages with the target audi- Book spokespeople on radio and television ence before finalizing the messages. news and public affairs programs. Write opinion columns for local newspapers 3. Seek support from corporations, and enlist media about the issues behind the campaign. outlets as partners in the campaign. Seek editorial and columnist support for the Ask for support from local corporations while issue and for the campaign. developing the campaign, and ask them to use their leverage as advertisers to win media sup- Hold a news conference to announce the port for the campaign. campaign. Ask supportive corporations to use their own Encourage allies of the effort to end violence communication tools, such as Web sites, store against women to use their Web sites to pro- banners, office bulletin boards, and paycheck mote campaign messages and information. stuffers, to reinforce campaign messages. Provide Internet resources to organizations and Test your announcements with local newspapers agencies to further their efforts to help victims and television and radio stations to be sure that of sexual assault, dating and domestic violence, the content and quality are appropriate to be run and stalking. or aired. Identify stories about the long-term effects of Enlist a media outlet to become a partner in violence against women and how it affects pub- the campaign and to commit to running its lic health and every type of crime to gain media announcements regularly over a 6-month or exposure. 1-year period. 6. Teach journalists about the complex issues that sur- 4. Secure funding to rigorously evaluate public educa- round sexual assault, dating and domestic violence, tion efforts. and stalking. Partner with a local college, university, or pub- Provide background materials to local journal- lic opinion research firm to conduct research to ists who cover news, women’s issues, crime and determine the impact and effectiveness of pub- violence, health, education, and social issues. lic service and public education campaigns.

4 | Toolkit To End Violence Against Women Send information about available services and teach teens to work with their school newspaper prevention campaigns to local journalists on a and local television and radio stations to include regular basis. news stories on sexual assault, dating and Have members of the media hold forums to domestic violence, and stalking. teach fellow members how to report on cases Meet with school administrators and school that involve sexual assault, dating and domestic board members to educate them about the long- violence, and stalking. term societal impact of sexual assault, the state’s sexual assault laws, and definitions of Reach Out to Diverse Audiences sexual assault. Engage celebrities and luminaries (including 7. Create public awareness and education campaigns teenage victims of sexual assault, dating or that appeal to young people. domestic violence, or stalking) who appeal to Hold focus group meetings to determine teen teenagers to talk to students about violence attitudes and behaviors, and use this informa- against women and girls and feature these tion to develop materials that teenagers can spokespeople in public service announcements. relate to. 8. Develop specific education and awareness cam- Enlist the support of media outlets that target paigns for populations that might not be reached via teen audiences when launching free media general outreach. campaigns. Develop culturally appropriate materials for Work with school administrators, teachers, par- special populations, and ensure that these mate- ents, and students to conduct public education rials reach everyone who might need them. campaigns at schools. Include education about sexual harassment. Target neighborhood minority and alternative newspapers, diverse radio and television sta- Partner with school- or community-based tions or programs, and other nontraditional organizations that already work successfully media outlets in any media campaign. with youth on issues such as AIDS and HIV prevention, substance abuse prevention, conflict Create separate campaigns for sexual assault resolution, and other issues. alone, especially for community members who have mental and physical disabilities or are Develop age-appropriate and culturally sensi- elderly. tive curriculums on sexual assault, dating and domestic violence, and stalking. Include pre- Engage celebrities and luminaries from the vention messages, conflict resolution and com- above-mentioned communities to be spokespeo- munication skills building, and information ple for the campaign. about who to ask for help and how to ask. Test curriculums and the breadth of their use and 9. Integrate messages about violence against women into other health education campaigns. evaluate them for effectiveness, as resources allow. Include parents in the development of Look for opportunities to include information curriculums. about sexual assault in other health education campaigns that target behaviors or symptoms Promote positive communication and respect in often associated with the aftereffects of sexual relationships. Conduct separate campaigns for assault, including but not limited to teen preg- boys and girls, whenever possible. nancy; unsafe sex; sexually transmitted dis- Work with school administrators to establish eases, including HIV and AIDS; alcohol and peer support groups and other opportunities for other drug use; eating disorders; posttraumatic teens to discuss dating and domestic violence. stress disorder; and dissociative disorder. Work with teens and parents to develop mes- sages and materials. Develop programs that

Chapter 10. Educating and Mobilizing the Public About Violence Against Women | 5 Look for opportunities to include information 13. Write letters to the editor and opinion columns in about sexual assault and domestic violence in response to false or misleading information about sex- other health education campaigns that target ual assault, dating and domestic violence, and stalking. behavior often associated with the aftereffects Ask spokespeople to sign letters to the editor of abuse, including but not limited to abuse dur- and opinion columns. ing pregnancy; chronic pain; sexually transmit- Identify spokespeople who are willing to appear ted diseases, including HIV and AIDS; and on talk shows or debate opponents. alcohol and other drug use. Develop awareness campaigns that direct vic- For more media recommendations, see Toolkit tims of stalking to the police and mental health chapter “Engaging the Media, Advertising, and services. Entertainment Industries.”

React to Negative Media Messages Resources 10. Monitor the media for false or misleading informa- tion related to causes or excuses for sexual assault The Advertising Council and domestic violence. 261 Madison Avenue, 11th Floor Clip local and regional newspapers. New York, NY 10016 Phone: 212–922–1500 Monitor broadcast media and Web sites. Fax: 212–922–1676 Web site: www.adcouncil.org 11. Publish only current statistics and studies. Each year the Advertising Council coordinates Include sources for statistics in campaign approximately 40 public education and advocacy materials. campaigns that focus on preventive health, educa- Become familiar with the overall methodology tion, community well-being, environmental preser- of the research. vation, strengthening families, and enriching children’s lives. Advertising Council slogans 12. Develop a plan to respond quickly to false or mis- (“Take a Bite Out of Crime,” “Friends Don’t Let leading information. Friends Drive Drunk”) and characters (Smokey the Write general talking points about remedies to Bear, McGruff the Crime Dog) raise awareness, sexual assault, dating and domestic violence, promote individual action, and save lives. and stalking. Identify spokespeople with diverse backgrounds Benton Foundation to respond to challenges to studies that demon- 950 18th Street NW. strate the pervasiveness of violence against Washington, DC 20006 women. Phone: 202–638–5770 Fax: 202–638–5771 Identify spokespeople who are willing to share Web site: www.benton.org their personal experiences with violence in response to false or misleading information. Supporting the public interest use of communica- tions media, the Benton Foundation provides Develop an e-mail, telephone, or fax network leadership in the emerging communications envi- to communicate with spokespeople about ronment and promotes the value of communica- opportunities to respond to false or misleading tions for solving social problems. information.

6 | Toolkit To End Violence Against Women Family Violence Prevention Fund The National Resource Center on Domestic 383 Rhode Island Street, Suite 304 Violence (NRC) is a valuable source for informa- San Francisco, CA 94103–5133 tion, training, and technical assistance regarding Phone: 415–252–8900 domestic violence issues. NRC is also a clearing- Fax: 415–252–8991 house for domestic violence resources and statis- Web site: www.fvpf.org tics that may be used to enhance policies and The Family Violence Prevention Fund works to publications. end domestic violence and help women and chil- dren whose lives are affected by abuse. The Web National Sexual Violence Resource Center site offers free online catalogs, articles and infor- 123 North Enola Drive mation on abuse and violence, press releases and Enola, PA 17025 story archives, information on public policy Phone: 1–877–739–3895 TTY: 717–909–0715 efforts, and other resource materials. Fax: 717–909–0714 Web site: www.nsvrc.org National Criminal Justice Reference Service P.O. Box 6000 The National Sexual Violence Resource Center Rockville, MD 20849–6000 (NSVRC) is a clearinghouse for resources and Phone: 301–519–5500 or 1–800–851–3420 research about all forms of sexual violence. Fax: 301–519–5212 NSVRC works with its partner agency, the Web site: www.ncjrs.org University of Pennsylvania, to provide new poli- The National Criminal Justice Reference Service cies for establishing sexual violence interventions (NCJRS) is a federally sponsored information and prevention programs. clearinghouse for people around the country and the world involved with research, policy, and prac- Stalking Resource Center tice related to criminal and juvenile justice and National Center for Victims of Crime drug control. NCJRS disseminates publications, 2000 M Street NW., Suite 480 Washington, DC 20036 grant information, and other resources for the Phone: 202–467–8700 Bureau of Justice Assistance, Bureau of Justice Fax: 202–467–8701 Statistics, Office for Victims of Crime, Office of Web site: www.ncvc.org Juvenile Justice and Delinquency Prevention, National Institute of Justice, and other partner The National Center for Victims of Crime’s agencies. Publications can be accessed from the (NCVC’s) mission is to help victims of crime and Web site or copies can be requested by phone, fax, their families rebuild their lives. The Stalking or e-mail. Resource Center provides resources, training, and technical assistance to criminal justice profession- National Resource Center on Domestic Violence als and victim service providers to support locally Pennsylvania Coalition Against Domestic Violence coordinated, multidisciplinary antistalking 6400 Flank Drive, Suite 1300 approaches and responses. Harrisburg, PA 17112 Phone: 1–800–537–2238 TTY: 1–800–533–2508 Fax: 717–545–9456 Web site: www.pcadv.org

Chapter 10. Educating and Mobilizing the Public About Violence Against Women | 7 Media Cultivate partner- Cultivate Broker partnershipsBroker Encourage schools to pro- Encourage Provide easily understood Provide Develop story characters that promote lines and Incorporate nonaggressive images and messages images Incorporate nonaggressive Adopt industry standards that curtail justifying, Invite victim advocates to participate in developing victim advocates Invite Use news programming,Use news music videos, shows, children’s ships with community groups to develop violence prevention initiatives. violence prevention to develop ships with community groups vide age-appropriate media education and media literacy that target school- that target media education and media literacy vide age-appropriate children. aged prevention. with the community to promote violence Work “new” interdisciplinary to prevent Encourage collaboration media crimes. the Internet to monitor for enforcement agencies with state and local law Work child sexual exploitation, the distribution of child , and stalking. Include victim advocates. violence. policies against consumer education materials and Establish partnerships to foster antiviolence education. media companies to maxi- and campaign developers public education between efforts. mize the reach of violence prevention Support school-based media education programs. and other entertainment impact that violence against to report the negative victims and the community. has on women images. on nonviolent Focus positive programming. Embrace Inform parents, caregivers, and communities. Report consequences. violence. Refuse to promote products or advertisements. developing when women, attitudes toward positive masculinity, relationships, and nonviolence. information media consumption and teaching media about managing children’s literacy. glamorizing, sanitizing, or normalizing violence, violence against specifically women. Chapter 11. Engaging the Media,Engaging 11. Chapter Advertising, Industries Entertainment and What the Media Can Do To Make a Make To Do Can the Media What Difference Chapter 11 Engaging the Media, Advertising, and Entertainment Industries

he media, advertising, and entertainment in- of these crimes. Public service initiatives that dustries, collectively known as “mass media,” promote community-based programs such as hot- T are powerful because they penetrate every lines and shelters are winning broader support. segment of modern-day society and effectively Advocates also have developed campaigns with influence how consumers view themselves, their ambitious new messages that encourage people to neighbors, their communities, and the world. Be- speak out against violence and challenge men to cause of daily technological advances, “mass cease violent and sexually coercive behaviors. media” denotes outlets beyond newspaper, radio, and television. The scope of media influence now The media, advertising, and entertainment indus- extends to digital spectrum, cable, and satellite tries are uniquely positioned to wield their influ- technology and the Internet. ence to inspire action that will end violence against women. The media can do a tremendous For decades, advocates who work to stop sexual amount to direct victims of violence to services assault, dating and domestic violence, and stalking and to affect public attitudes about violence have struggled to promote responsible news cover- against women in all its forms. These industries age and win media support. Movies and entertain- also have a duty to report accurately on acts of ment television have long exploited these crimes violence against women. By establishing partner- to “entertain.” News coverage of violence against ships with advocacy groups, policymakers, re- women has often been sensational, exploitative, searchers, and other community leaders, the and lacking in serious analysis of the prevalence, media industry can serve as the catalyst for new costs, and underlying causes of such violence. In and more effective violence prevention messages. fact, until recently, it was not uncommon to see and Further, under the industry’s leadership, current hear news stories that referred to domestic homi- media practices that are harmful to women and cides as “lovers’ quarrels” that escalated to murder girls can be identified and altered. or that accepted men’s aggressive and obsessive pursuit of women. In other cases, the media have Although some in the media industry are to be used language that perpetuates myths about sexual commended for their ongoing efforts to reflect assault, dating and domestic violence, and stalking. sensitive, diverse, and egalitarian images, others in the media still incorporate images that convey In recent years, however, media coverage and destructive messages. Women’s bodies are used as depictions of sexual assault and domestic violence objects to sell products, men and boys are por- have begun to change. Although problems remain, trayed in aggressive and stereotypical ways, and today’s media carry more responsible messages depictions of physical and sexual violence are about violence against women and conduct more glorified. Even implied acts of violence may sup- serious analyses of the causes of these crimes and port the “normalization” or sense of inevitability the impact on and cost to communities as a result of violence against women. Clearly, not all

| 1 images of violence have the same impact on the New Media attitudes and behavior of society. Programs that convey the negative consequences of violence The Internet and digital spectrum technology have against women send a much different message altered communication norms in our culture and than those that objectify women or use violence as offer the exposure necessary to discourage vio- a form of entertainment. lence against women and girls. By increasing access to confidential resources and information The responsible voice of the mass media is critical about sexual assault, dating and domestic vio- to communicating that violent behavior is unac- lence, and stalking and by improving law enforce- ceptable. Violence against women, in any of its ment communication between jurisdictions, these forms, should never be condoned or romanticized new media are critical to ending violence against under any circumstances. Although reducing vio- women and girls. As with most positive technolog- lence in the media is a central goal, messages that ical developments, potential negative impacts are promote violence prevention are equally impor- inherent and should be addressed. tant. Specifically, the media, advertising, and en- tertainment industries are encouraged to actively support three interconnected strategies: Media Education and Advocacy Demonstrate that portraying violence in the Media education and media advocacy alter the news, advertisements, entertainment and sports relationship between consumers and the media by programs, children’s programming, and other informing consumers without censoring media. areas has a negative impact. Specifically, media education is designed to in- Refuse to justify, glamorize, sanitize, or nor- form consumers about how the media operate, malize violence. including production, distribution, and consump- Employ the power of the media, entertainment, tion. Media advocacy uses the media to advance a and advertising industries to support efforts to particular cause or policy initiative. end violence against women. Media literacy alters how consumers “read” media images and messages, thus affecting the impact Mass Media that those images and messages have on con- sumers. Specifically, media literacy reflects the Mass media have the power to help create healthy consumer’s ability to analyze and evaluate media communities in part by portraying healthy, con- messages accurately. Media literacy gives con- structive communities. Nonviolent communities sumers the critical information needed to engage are built on respect, empathy, and shared interests. in simple interventions such as watching and dis- The reach and scope of the mass media are critical cussing programs with family and friends, to to altering societal norms regarding violence directly influence the understanding of media against women. The diverse outlets under the violence, and to limit its negative impact. mass-media umbrella allow direct and relevant communication with a range of audiences. Har- Outlined below are specific actions that the mass nessing this significant influence and directing it media and related organizations can take to initiate toward violence prevention is a critical first step the end of violence against women and girls. The toward ending violence against women and girls. private sector, criminal justice policymakers, Internet service providers, children’s advocacy groups, domestic violence and sexual assault ad- vocates, and community stakeholders also can benefit from the actions listed below.

2 | Toolkit To End Violence Against Women What the Mass Media Can Do 3. Teach media professionals about violence against women and prevention efforts. 1. Support efforts to reduce children’s exposure to Develop or enhance courses offered at educa- media violence. tional institutions to include the media’s role in Provide parents and other caregivers with clear ending violence against women. information about the V-Chip—a device pro- Inform media professionals by integrating train- grammable by parents that blocks the display of ing about violence against women into trade television programs based on assigned ratings— conferences, continuing education courses, and other tools designed to manage children’s newsletters, and other educational outlets. media intake. Select nonviolent male and female role models 4. Develop culturally relevant public awareness cam- to endorse products and present nonviolent, paigns on violence against women. nonaggressive images and messages when tar- Target populations not typically reached geting children in programming or advertising. through general outreach, including culturally Develop story lines, images, characters, pro- specific programs, by using tailored language grams, and products that promote healthy atti- and messengers and a range of delivery medi- tudes toward women, masculinity, relationships, ums. Ensure that media campaigns, messages and sexuality. advocating prevention, and spokespeople res- onate in communities with different languages, Work with advocates, parents, and researchers cultures, and interests. in the fields of sexual assault and domestic vio- lence to promote music, music videos, and Focus prevention messages on girls and boys in music Web sites that reflect values consistent high school, middle school, and earlier to influ- with ending violence against women and girls. ence attitudes and behaviors that may last a lifetime. Donate air time to organizations that oppose violence, specifically violence against women. Increase the number of public education and creative peer education programs on college Establish industry task forces to respond to con- campuses. cerns raised about children and media violence. For example, these task forces can monitor For related recommendations, see Toolkit chapter advertising that targets children or explore the “Educating and Mobilizing the Public About consequences of portraying violence against Violence Against Women.” women and girls in music and music videos. 5. Provide media coverage about the incidence, preva- 2. Diversify images of women on television and radio lence, and impact of violence against women and the to counter traditional that perpetuate vio- need for comprehensive, coordinated systems and lence against women. community response. Provide fair and full coverage of women in pol- Provide the full context of violence-related itics, sports, business, health, and education. news events such as crimes of self-defense by Enhance programming and news coverage of women to inform the public about the relation- efforts to end violence against women. ship between crimes and violence against Reflect diversity by continuing to hire women women. of color as producers, directors, writers, reporters, and expert commentators.

Chapter 11. Engaging the Media, Advertising, and Entertainment Industries | 3 Seek commentary from experts who deal with Work with media advocacy organizations to violence against women when reporting on sex- provide youth-serving organizations with assis- ual assault, dating or domestic violence, or tance in integrating media education about vio- stalking. lence against women into classrooms and other Provide community resource information as settings. supplements to news stories about incidents of Encourage local broadcasters and Internet serv- violence against women. ice providers to participate in community proj- ects focused on media literacy. What New Media Can Do Work with community action groups to respond to media portrayals of violence against women 6. Improve, implement, and evaluate safeguards that by offering sponsorship, training, and protect children from images of violence and other endorsements. potentially harmful material found on the Internet and Organize community members to educate other interactive media. policymakers, state and federal regulators, Ensure that safeguards reflect the cognitive and and telecommunications companies. emotional development of children while pro- Cultivate relationships with local media and tecting public and commercial interests and encourage coverage of violence prevention. constitutional freedoms. Write letters to the editor and opinion pieces to Encourage parents and other caregivers to mon- communicate antiviolence messages relevant to itor children’s use of the Internet and other local communities. interactive media. Identify and support survivors of violence who 7. Continue to develop and publicize filtering, block- are willing to speak to the media. ing, labeling, and other mechanisms to allow con- Use public-access cable channels to promote sumers to voluntarily control access to violent or the prevention of violence against women. offensive content. Enlist college communications programs to Collaborate with victim advocates to develop engage local community groups and help effective tools and consumer education materi- evaluate the effectiveness of community action als that support violence prevention initiatives. activities. Expand public education campaigns about the availability of such mechanisms. Resources 8. Encourage interdisciplinary collaboration to prevent new media crimes, including child sexual The Advertising Council exploitation, the distribution of child pornography, 261 Madison Avenue, 11th Floor and cyberstalking. New York, NY 10016 Increase the capacity of state and local law Phone: 212–922–1500 enforcement and criminal justice systems to Fax: 212–922–1676 investigate and prosecute Internet crimes more Web site: www.adcouncil.org effectively. Each year the Advertising Council coordinates approximately 40 public education and advocacy How To Use the Media campaigns that focus on preventive health, educa- tion, community well-being, environmental preser- 9. Develop comprehensive media literacy and media vation, strengthening families, and enriching advocacy strategies to encourage prevention-oriented children’s lives. Advertising Council slogans coverage of violence against women and girls in news (“Take a Bite Out of Crime,” “Friends Don’t Let and entertainment programs. Friends Drive Drunk”) and characters (Smokey the

4 | Toolkit To End Violence Against Women Bear, McGruff the Crime Dog) raise awareness, Mediascope promote individual action, and save lives. 12711 Ventura Boulevard, Suite 440 Studio City, CA 91604 Benton Foundation Phone: 818–508–2080 950 18th Street NW. Fax: 818–508–2088 Washington DC 20006 Web site: www.igc.apc.org/mediascope Phone: 202–638–5770 Mediascope encourages responsible portrayals in Fax: 202–638–5771 film, television, video games, music, advertising, Web site: www.benton.org and on the Internet, providing the creative commu- Supporting the public interest use of communica- nity, legislators, educators, and parents research tions media, the Benton Foundation provides tools and information on media ratings, teen sexu- leadership in the emerging communications envi- ality, media violence, substance abuse, and related ronment and promotes the value of communica- issues to facilitate social responsibility. tions for solving social problems. National Advertising Division and Children’s Center for Media Education Advertising Review Unit 2120 L Street NW., Suite 200 Council of Better Business Bureaus Washington, DC 20037 4200 Wilson Boulevard, Suite 800 Phone: 202–331–7833 Arlington, VA 22203–1838 Fax: 202–331–7841 Phone: 703–276–0100 Web site: www.cme.org Fax: 703–525–8277 Web site: www.bbb.org/advertising The Center for Media Education (CME) fosters a quality electronic media culture for children, fami- The Council of Better Business Bureaus is the lies, and communities. CME encourages a respon- umbrella organization for the Better Business sible vision of the digital future, and has been a Bureau system, which offers business reliability leader in expanding educational television pro- reports, comsumer-business dispute resolution, gramming and promoting television and Internet industry guidelines for truth in advertising, and safeguards for youth. consumer and business education. The National Advertising Division and Children’s Advertising Media Research Center Review Unit promote truthful advertising and 325 South Patrick Street monitor media for adherence to truth-in-advertising Alexandria, VA 22314 principles and compliance with local, state, and Phone: 703–683–9733 federal regulations. Fax: 703–683–9736 Web site: www.mediaresearch.org National Institute on Media and the Family The Media Research Center is a media watchdog 606 24th Avenue South, Suite 606 Minneapolis, MN 55454 organization that investigates the prevalence of, Phone: 1–888–672–KIDS reports on, and educates the public about media Fax: 612–672–4113 bias. The Web site provides links to Media Web site: www.mediafamily.org Research Center newsletters, special reports, and opinion pieces and information about the Free The National Institute on Media and the Family Market Project (which works to educate the media studies the influence of electronic media on early about the principles of free enterprise) and the childhood education, child development, academic Montgomery Internship Program (which teaches performance, culture, and violence. Resources for youth about balanced journalism). teachers, parents, and community leaders include media awareness programs; movie, television, and video game content ratings; and tips to help par- ents and families evaluate their media use.

Chapter 11. Engaging the Media, Advertising, and Entertainment Industries | 5 References Violence: A Handbook for Journalists. Warwick, RI: Rhode Island Coalition Against Domestic Kline, E., Soler, E., and Campbell, J. (1998). Violence. Ending Domestic Violence. Thousand Oaks, CA: Sage Publications, Inc. Stevens, J. (1997). Reporting on Violence: A Handbook for Journalists. Dorfman, L. and Rhode Island Coalition Against Domestic Wallack, L. (Eds.) Berkeley, CA: Berkeley Media Violence, with local journalists (2000). Domestic Studies Group.

6 | Toolkit To End Violence Against Women Faith Groups Includedomestic vio- local sexual assault or Encourage and support training and education Encourage Routinely include instructionalRoutinely include information in Seek out training from professionals in the fields of Encourage continued efforts religious institutions to by Encourage Make the church,Make temple, mosque, a safe or synagogue Volunteer to serve on the board of directors at the local sexu- Volunteer Offer meeting space for educational seminars and weekly support seminars and weekly Offer meeting space for educational Speak out about sexual assault and domestic violence from the pul- Speak out about sexual assault and If suspicions that violence is occurring in a relationship or in a family Intervene. exist, to each person separately. speak If an individual is being or has been vic- timized, speak to her privately. Help the victim plan for safety, and refer her to to assist her. the community resources available Support professional training. leaders,for clergy and lay chaplains, and seminary students to increase their about sexual assault,awareness dating and domestic violence, and stalking. Address internal issues. religious leaders to ensure that religious leaders of abuse by address allegations are a safe resource for victims and their children. Educate the congregation. monthly newsletters, bulletin boards, on preparation classes, and in marriage women. on violence against and sponsor educational seminars Speak out. pit. and beliefs, attitudes impact on people’s a powerful A faith leader can have and his or her leadership is important, particularly on public policy issues such in criminal laws. as funding and changes example. Lead by or train to become a crisis volunteer. al assault or domestic violence program Offer space. with existing resources. Partner service in donations and community lence programs projects. Adopt a shelter for the church,which temple, mosque, material support provides or pro- or synagogue a shelter stay. following vide similar support rebuild their lives to families as they Prepare to be a resource. sexual assault, dating and domestic violence, and stalking. Do the theological necessaryand scriptural homework and respond to sexual to better understand assault and dating and domestic violence. Become a safe place. women. violence against place for victims of include local, materials that Display state, for these victims. and national hotlines or to servegroups supervised as a parents need a safe site when visitation place to visit their children. Chapter 12. Engaging Religious, Engaging 12. Chapter Spiritual, and Organizations Groups and Faith-Based What Communities of Faith Can Do To Can Do Faith of Communities What a Difference Make Chapter 12-Tab 10/29/01 9:56 AM Page 1 Page AM 9:56 10/29/01 12-Tab Chapter Chapter 12 10/29/01 10:43 AM Page 1

Chapter 12 Engaging Religious, Spiritual, and Faith-Based Groups and Organizations

wo out of every three Americans are affiliat- community-based sexual assault and domestic vio- ed with a religious, spiritual, or faith-based lence programs, secular victim services, advocacy T group or organization, and approximately programs, and public and private funders can take one out of every four Americans is an active mem- to end violence against women. ber of such a community.1 Based on the breadth and reach of these organizations, it is not surpris- What Religious Communities Can Do ing that many women and girls turn to religious leaders for guidance in dealing with violence. 1. Commit to making the problem of violence against Some religious, spiritual, and faith-based organi- women and girls a critical concern. zations provide victims with well-informed, prac- Emphasize the teachings, practices, and organi- tical, and spiritual guidance, including referrals to zational structures that promote a woman’s other organizations. right to be free from violence, such as teachings that support equality and respect for women Religious organizations are essential to the culture and girls. and sustenance of communities and are uniquely positioned to champion efforts to end violence Develop theologically based materials that against women. Although philosophical differences emphasize a woman’s right to safety and sup- have created tension between some religious, spiri- port and a perpetrator’s personal responsibility tual, and faith organizations and victim advocates, for ending the violence. common ground can be found in shared interests to Adopt policies developed by religious leaders end violence against women. that outline appropriate responses to victims and perpetrators of violence, and educate lead- Faith-based groups and organizations often have ers about child abuse reporting requirements, strong relationships with communities of color, the importance of confidentiality, misconduct older women, women with disabilities, and immi- by clergy or spiritual leaders, and other safety grant communities. Religious organizations can issues. reach the large numbers of people often under- Support local advocacy programs that provide served by other groups with messages of safety services to victims and survivors by encourag- and support for victims and with information ing congregants to donate time, money, and about offender accountability. Establishing train- other material resources. ing for and by members of religious communities and building the capacity to address the issue will 2. Ensure that religious, spiritual, and faith-based strengthen the role of religious communities in communities are safe environments to allow victims ending violence against women and girls. of violence to discuss their experiences and seek healing. Outlined below are specific actions religious, Encourage members and leaders of churches, spiritual, and faith-based organizations, synagogues, mosques, and other spiritual or | 1 faith-based groups to seek training on victim 4. Develop and refine guidelines and protocols for and survivor experiences and on support that responding to disclosures of sexual assault, dating or will restore and heal the victim. domestic violence, or stalking of a member of the con- gregation or community. Create opportunities for survivors to discuss their experiences and needs. Form support Encourage support for a victim’s continued groups in collaboration with local sexual assault inclusion in the community of her choice if the and domestic violence programs for women perpetrator is from the same community, who desire faith- or spirituality-based healing. including respecting emotional and physical safety considerations and no-contact orders. Encourage members to discuss sexual assault, dating and domestic violence, and stalking Consider the emotional and physical safety of within their faith communities in a manner that victims and any dependents affected by victim- is sensitive to their cultures and backgrounds. ization, including elderly relatives and children. Create or provide materials that address vic- Encourage youth workers to receive training on tims’ concerns, and offer informed referrals to child abuse reporting requirements and local various advocacy organizations. child welfare practices. Encourage men, particularly leaders in the com- Encourage congregations, religious community munity, to speak out and use their influence to centers, and other religious institutions to adopt communicate intolerance for violence against policies for employees, members, and partici- women and girls in all forms. pants who may be victims or perpetrators of violence. Integrate information on sexual assault, dating and domestic violence, and stalking into exist- Develop consistent policies for responding to ing activities. misconduct or abuse by spiritual leaders or cler- gy to ensure that action is taken to protect con- 3. Develop strategies to address the needs of all gregants and that appropriate cases of clergy women and girls exposed to violence. misconduct are referred to law enforcement Include members of specific ethnic and cultural agencies. groups in discussions of community efforts addressing violence. 5. Create opportunities for youth to develop healthy and appropriate interpersonal relationships in the Seek advice from various age groups within context of their religious, spiritual, or faith-based communities on ways to address violence. traditions. Organize youth ministry and leadership groups Consider conducting background checks of vol- to educate young people about the dynamics, unteers and staff who work with youth to try to impact, and prevention of sexual assault, dating ensure that they have not been perpetrators of and domestic violence, and stalking. physical or sexual violence. Inform leaders about the particular vulnerabili- Invite youth to participate in the design and ties of older people and people with disabilities evaluation of programs that address their needs, who may be dependent on abusive partners or such as writing and designing multimedia mate- caregivers. rials on safety and healthy relationships. Seek appropriate training and legal assistance Train youth to support victims and to construc- before advising immigrant victims so as to tively confront peers about violence against avoid potentially compromising their citizen- women and girls. ship status. 6. Institutionalize efforts to address violence against women and girls by educating, training, and support- ing community leaders.

2 | Toolkit To End Violence Against Women Develop or expand core curriculums on vio- What Secular Victim Advocates Can Do lence against women in the basic education for religious leaders, including theory- and 8. Develop and expand relationships with religious practice-oriented course work such as counsel- organizations. ing or pastoral care. Establish referral networks with religious lead- Create and support continuing education pro- ers who understand the spiritual and practical grams on violence against women. issues facing survivors and perpetrators of violence. Develop and disseminate educational materials, regionally and nationally, about religious pro- Establish ongoing opportunities for collabora- gramming that address sexual assault, dating tion, cross training, technical assistance, and and domestic violence, and stalking. joint programming with religious organizations. Work with religious educational institutions to Attend conventions and conferences organized teach ordained and lay leaders how to develop by religious, faith-based, and spiritual organiza- programs that address sexual assault, dating and tions as participants, exhibitors, and presenters domestic violence, and stalking in religious to raise awareness about the issue and available communities. community resources. Partner with secular advocacy and direct service Collaborate with religious, spiritual, and faith- programs for consultation, support, or joint based groups and organizations to develop or programming. adapt factual, germane materials for survivors and perpetrators of violence within those 7. Draw on the resources of secular victim service, groups or organizations. advocacy, and perpetrator treatment programs to Develop alliances with formal and informal enhance community responses to violence against women’s groups both within and outside reli- women and girls. gious institutional boundaries, including inter- Network with victim service and advocacy pro- religious groups, ecumenical groups, or grams to locate religious and secular allies on women-centered groups, to encourage and sup- the local, regional, state, and national levels. port their work on issues relating to violence Use the resources of other religious groups and against women. existing sexual assault and domestic violence Develop alliances with formal and informal victim advocacy organizations to develop poli- men’s groups both within and outside religious cies, protocols, and educational materials institutions to support their role in eliminating appropriate to specific traditions. sexual assault, dating and domestic violence, Learn about local secular community protocols and stalking. for handling sexual assault and dating and Identify ways to institutionalize religious domestic violence. organizations’ participation in local, regional, Make appropriate and informed referrals to or statewide decisionmaking bodies, such as local secular programs that have the expertise to creating a vacancy on a board or commission help victims or perpetrators, including the legal for a “religious community representative” or community, health care system, and child wel- establishing an interfaith task force as part of fare system. an existing commission. Collaborate with perpetrator treatment pro- Work with religious organizations to secure grams to hold perpetrators accountable for their appropriate funding for their participation in violence. projects relating to violence against women and girls.

Chapter 12. Engaging Religious, Spiritual, and Faith-Based Groups and Organizations | 3 9. Help secure financial support for religious, spiritual, The Center for the Prevention of Sexual and or faith-based groups and organizations developing Domestic Violence addresses issues related to sex- responses to violence against women and girls. ual and domestic violence and child abuse from an Encourage federal, state, and local governments interreligious standpoint, with emphasis on educa- to award grants within current legal restrictions tion and prevention. The center provides religious to religious, spiritual, or faith-based organiza- leaders and victim service professionals with tions working in tandem with secular service information, training, and resource materials to providers to address violence against women help them address religious questions and issues and girls. that may arise in their work with women and chil- Reach out to religious, spiritual, or faith-based dren in crisis. organizations not familiar with grant seeking to facilitate active participation in program Jewish Women International 1828 L Street NW., Suite 250 development. Washington, DC 20036 Phone: 202–857–1300 10. Direct resources to community-based sexual Fax: 202–857–1380 assault, domestic violence, and stalking victim advoca- Web site: www.jewishwomen.org cy programs to help them better serve women with special religious and spiritual needs. Jewish Women International (JWI) advocates Provide transportation to the victim’s temple, around the world to help women who are victims church, or mosque, and provide religious or of violence and strengthen the lives of women, kosher foods, among other resources, to help children, and families. JWI resources include a her heal, recover, and obtain safety. magazine (Jewish Woman) and other publications, public education and advocacy efforts, and the 11. Develop and refine guidelines and protocols for JWI Residential Treatment Center in Jerusalem. dealing with victims and perpetrators who come from a religious background or present spiritual concerns. Mending the Sacred Hoop Enlist religious leaders to train advocates in STOP Violence Against Indian Women Technical Assistance Project addressing religious or spiritual questions with 202 East Superior Street sensitivity and support. Duluth, MN 55802 Refer victims, survivors, or perpetrators to Phone: 218–722–2781 or 1–888–305–1650 trusted religious or spiritual resources. Fax: 218–722–5775 Collaborate with religious leaders and faith- Web site: www.msh-ta.org based groups where appropriate. Mending the Sacred Hoop (MSH) is a Native American Women’s organization that helps tribal governments and agencies improve their response Resources to Native American victims of violence against women by crafting strategies at local levels that Center for the Prevention of Sexual and Domestic reflect available resources and cultural perspec- Violence tives. MSH publishes a newsletter, provides assis- National Clearinghouse on Religion and Abuse tance and advocacy, coordinates public education 936 North 34th Street, Suite 200 events and conferences, and hosts an online dis- Seattle, WA 98103 cussion forum. Phone: 206–634–1903 Fax: 206–634–0115 Web site: www.cpsdv.org

4 | Toolkit To End Violence Against Women Spiritual Dimensions in Victim Services National Domestic Violence Hotline P.O. Box 821 P.O. Box 161810 Charleston, SC 29402 Austin, TX 78716 Phone: 843–722–0082 Hotline: 1–800–799–SAFE E-mail: [email protected] TTY: 1–800–787–3224 Phone: 512–453–8117 Spiritual Dimensions in Victim Services works Fax: 512–453–8541 with the religious community to prepare religious Web site: www.ndvh.org leaders and counselors to better serve victims of crime. The training provided covers responses in The National Domestic Violence Hotline uses a cases involving child abuse, domestic violence, nationwide database to provide crisis intervention, elder abuse, robbery, assault, burglary, and sur- referrals, information, and support in many lan- vivors of victims of violent deaths. guages for victims of violence against women.

Rape, Abuse, and Incest National Network National Hotlines 635–B Pennsylvania Avenue SE. Washington, DC 20003 Victim Services Helpline (assistance and referral) Hotline: 1–800–656–HOPE National Center for Victims of Crime Fax: 202–544–3556 2000 M Street NW., Suite 480 Web site: www.rainn.org Washington, DC 20036 Phone: 202–467–8700 or 1–800–FYI–CALL The Rape, Abuse, and Incest National Network TTY: 1–800–211–7996 (RAINN) offers a toll-free hotline for free, confi- Fax: 202–467–8701 dential counseling and support 24 hours a day for E-mail: [email protected] victims of rape, abuse, and incest. Web site: www.ncvc.org/infolink/main.htm The National Center for Victims of Crime’s (NCVC’s) mission is to help victims of crime and Endnote their families rebuild their lives. NCVC works with local, state, and federal agencies to enact leg- 1. U.S. Census Bureau (1998). Statistical Abstract islation and provide resources, training, and tech- of the United States, 118th Edition. Washington, nical assistance. The NCVC Web site provides DC: Government Printing Office. relevant statistics, links to publications, and refer- rals to participating attorneys. The Infolink Helpline (1Ð800ÐFYIÐCALL) refers callers to services including crisis intervention and counsel- ing, research and publication information, assis- tance with the criminal justice process, and support groups.

Chapter 12. Engaging Religious, Spiritual, and Faith-Based Groups and Organizations | 5 Sports Community Develop Provide girls with Provide and women Conduct background checks and Conduct background Offer coaches the tools necessary to Invite amateur and professional athletes to Invite Develop leadership roles for athletes com- leadership roles for Develop Teach athletes to respect others, athletes Teach self- have Reinforce the importance of positive, nonviolent Teach all athletes about healthy dating relation- all athletes about healthy Teach Urge local media to air public service local media to air Urge announce- Create peer mentoring programs. Create peer mentoring and girls, women out about violence against mitted to speaking other and teach and girls. importanceathletes about the women of ending violence against relationships. Promote healthy resolution. conflict ships and nonviolent Hire coaches committed to nonviolence. and trainers. obtain character references for coaches and recreational sportsStrengthen the policies of school programs. women. against violence speak to the public about preventing Conduct media campaigns. that stress the importancements during sporting of ending violence events women. against athletes. Recognize nonviolent on and off the field. behavior Expand girls’ sports programs. and women’s participatingequal access to the benefits afforded by in sports. sports etiquette. Promote good respect, and recognize the benefits of sports. or enhance policies that address the use of physical violence, use of physical or enhance policies that address the sexual violence, coaches, by behaviors and other abusive athletes, parents, and spectators. coaches in violence prevention. Train both male and female athletes. by and respond to violent behavior prevent Schedule speaking engagements. 13. Promoting Healthy,13. Promoting Sports Through and Behaviors Attitudes Nonviolent What the Sports Community Can Do To the SportsWhat Do Can Community a Difference Make Chapter 13-Tab 10/29/01 10:54 AM Page 1 Page AM 10:54 10/29/01 13-Tab Chapter Chapter 13 Promoting Healthy, Nonviolent Attitudes and Behaviors Through Sports

his nation’s sports industry is a mixture of Indeed, many in the industry have taken a strong athletics and entertainment, with countless public stand against violence. Individual athletes, T opportunities for participants and spectators coaches, and the sports industry have the capacity to get involved. A young person’s participation in to communicate messages about nonviolence that athletics is a key formative experience because it will reach millions via positive, nonviolent behav- teaches him or her about teamwork, practice, com- ior modeling or television air time. mitment, and competition. Ideally, boys and girls also are taught the value of sports etiquette, re- spect for one’s own and others’ bodies, and that Engage the Sports Community winning is only one of many goals. Some sports experiences, however, leave young athletes with Professional and amateur sports communities can the impression that their athletic abilities make significantly contribute to ending violence against them superior and entitle them to overpower and women and girls. School administrators not only mistreat others. The popularity of athletics among hire athletic directors, coaches, and trainers but young people and the impact that sports can have also bear responsibility for student discipline and on the development of values make it an ideal have the power to set the tone for athletes and ath- venue for promoting healthy relationships and for letics within their communities. Similarly, profes- underscoring the importance of ending violence sional team owners, team managers, coaches, and against women and girls. player unions can create workplaces that commu- nicate an intolerance for violence against women The high visibility and popularity of sports in in all its forms. American culture is both an asset and a burden. Top athletes are increasingly likely to be viewed as role models; therefore, they must recognize that Involve the Media their behavior might influence youth. Although many high-profile athletes do not want to be role Public education efforts can also help eliminate models, American society invests a significant violence against women and children. Individual amount of time and interest in their actions, both athletes who want to lend their names and person- on and off the field. This level of attention makes al resources to local, regional, and national efforts it necessary for athletes to be aware that abusive to end violence against women should be sought or violent behavior against women and girls makes and their efforts applauded. Each component of a powerful societal statement. the media industry can help communicate that being a strong, competent male athlete worthy of Those who take part in professional and amateur admiration and emulation requires him to take a sports can help end violence against women. clear and visible stand against violence against women.

| 1 Include Women and Girls athletes and middle school mentors for elemen- tary school players. An increasing number of women and girls are ath- Recognize positive, nonviolent athlete behavior letes and spectators at athletic events. This trend is on and off the field that supports the values and especially positive for girl athletes, who stand to beliefs necessary to end violence against women. gain from the physical activity, discipline, and Schedule events that allow students and coaches other benefits offered by sports. In 1997, the Pres- to talk to amateur and professional athletes ident’s Council on Physical Fitness and Sports about ending violence against women and girls. released a report on physical activity and sports in Provide coaches with tools to teach male and the lives of girls that indicated that girls’ involve- female athletes about healthy dating relation- ment in sports can increase their self-esteem, ships, nonviolent conflict resolution, substance leadership proficiency, ability to set goals, and abuse prevention, and the existing sanctions for strategy-building skills.1 However, girls’ involve- acts of violence and abuse against women and ment in athletics often depends on the attitudes of girls. family, friends, and the community toward girls’ sports and athletic achievement, the visibility of Prohibit athletes from using language that professional women’s sports, and the degree to demeans women and girls or that equates man- which opportunities exist for participation and liness with violence. skill development. Comply with the Campus Security Act to ensure that data on violent acts are collected Outlined below are specific actions that members and reported and that all school personnel and of the sports community can take to help end vio- students, including coaches and team members, lence against women. Members of the sports com- receive mandatory violence education and munity include professional and amateur athletes training.2 and coaches, school systems and campuses, athlet- ic directors, trainers, team owners and managers, 2. Monitor and enforce hiring practices, training managers of athletic leagues, sports associations, requirements, and standards of conduct throughout player unions, parents, television and radio station the sports community that are consistent with efforts owners and managers, network executives, editors to end violence against women. and producers, sports reporters, advertising execu- Conduct background checks and obtain charac- tives, marketing directors, victim advocates, and ter references as part of a school’s hiring community leaders. process. Check sex offender lists and other criminal records that would indicate whether a coach has a record of assault or abuse against Role of the Sports Community women or children. in Ending Violence Against Require that all coaches who work with youth Women in school or community settings be trained in responding to and preventing violence against 1. Develop and support models of leadership in ath- women and girls. Design statewide or national letics that reflect a clear and visible stand against vio- coaching certification training courses. lence against women and girls. Create a code of conduct for all student athletes Create peer mentoring programs to develop that directly and clearly penalizes those who leadership roles for male and female athletes commit abusive acts, including acts of violence committed to ending violence against women against women and girls. and girls. Develop these leaders at all levels, Develop or expand policies and training pro- including college mentors for high school grams that teach professional coaches, man- agers, league owners, player unions,

2 | Toolkit To End Violence Against Women commissioners, and all other sports entities Use media coverage to highlight athletes who responsible for the discipline of players how to demonstrate respectful and nonviolent attitudes respond to and prevent violence against women. and behavior toward women and girls. Design and follow protocols for responding to Promote equality for female athletes by high- incidents of sexual assault, dating and domestic lighting their value and skills. Increase the visi- violence, and stalking that involve athletes. bility of female athletes in product and event Develop, enhance, and implement policies and endorsements that promote and reinforce images contracts that require male and female athletes of women and girls as strong, resourceful, and to take classes on the dynamics and impact of independent individuals. violence against women. Include specific infor- mation on sanctions for criminal or inappropri- Include Women and Girls ate behavior related to sexual assault, dating and domestic violence, and stalking. 4. Enlist schools, recreational programs, and commu- Adopt a zero-tolerance policy for violence nity organizations to promote and support participa- against women in both contractual agreements tion of women and girls in sports. and codes of conduct for professional and ama- Design, coordinate, and secure funding for teur athletes. Notify athletes that any violations afterschool, intramural, and coeducational will be met with sanctions commensurate with sports programs for young girls. the seriousness of the offense, such as fines, Implement public education activities that suspension, or termination of an athlete’s con- highlight the benefits sports can offer girls and tract or athletic scholarship. women in their academic, professional, and per- sonal lives. Involve the Media Recruit women to serve as players, coaches, and managers of youth and school athletics to 3. Use the media, sporting events, and promotions to increase the visibility of strong, confident, and communicate public education messages about the athletic female role models for both girls and importance of ending violence against women and boys. girls. Diversify athletic staff, and partner with groups Sponsor public education campaigns on sexual that represent women of color to provide athlete assault, dating and domestic violence, and role models for all girls. stalking, and broadcast related public service Encourage professional female athletes to dis- announcements during halftime shows. cuss their childhood athletic experiences and Eliminate sports advertisements that denigrate the positive impact sports has had on their lives women or use violent images to sell products. and to promote girls’ involvement in athletics. Educate the media about the prevalence, impact, and dynamics of sexual assault, dating and domestic violence, and stalking in the Resources sports community, and encourage them to seek commentary from experts on violence against Athletes Helping Athletes, Inc. women when reporting on incidents involving Adelphi University athletes. Levermore Hall, 3d Floor Separate the athlete’s public persona from his Garden City, NY 11050 real-life behavior when reporting on an athlete’s Phone: 516–877–4248 use of violence against women. Fax: 516–877–4473

Chapter 13. Promoting Healthy, Nonviolent Attitudes and Behaviors Through Sports | 3 Athletes Helping Athletes is a nonprofit organiza- National Coalition Against Violent Athletes tion that trains high school athletes in motivational P.O. Box 620453 speaking and group work dynamics. The purpose Littleton, CO 80162 of such an effort is to mobilize these student ath- Phone: 720–963–0373 letes within their school districts and communities Web site: www.ncava.org to address self-esteem, substance abuse, violence The National Coalition Against Violent Athletes prevention, and academic success issues that young (NCAVA) educates the public on issues related to people face. Approximately 1,400 students in New athletes and violent behavior and promotes posi- York, New Jersey, Connecticut, and parts of tive athlete development through education, sup- enter the program each year, attending periodic port, and accountability. The Web site includes training sessions conducted at Adelphi University statistics related to the violence committed by and by professional and high-profile athletes. against athletes, articles and other information resources, and information on prevention pro- National Association for Girls and Women in Sport grams and NCAVA efforts. 1900 Association Drive Reston, VA 20191–1599 Mentors in Violence Prevention Program Phone: 703–476–3452 Center for the Study of Sport in Society Web site: www.aahperd.org/nagws/nagws_main.html Northeastern University The National Association for Girls and Women in 716 Columbus Avenue, Suite 161 CP Sport (NAGWS) promotes equal funding, quality, Boston, MA 02120 and respect for women’s sports programs. NAGWS Phone: 617–373–4025 Fax: 617–373–4566 coordinates leadership conferences, mentoring and Web site: www.sportinsociety.org coaching enhancement programs, and the annual National Girls and Women in Sports Day. The Mentors in Violence Prevention (MVP) Program is a violence prevention and outreach National Collegiate Athletic Association program that enlists high school, collegiate, and Education Outreach professional athletes in efforts to prevent violence P.O. Box 6222 against women. MVP participants develop leader- Indianapolis, IN 46206–6222 ship skills and learn to mentor and educate youth Phone: 317–917–6222 on these issues. Fax: 317–917–6336 Web site: www.ncaa.org Tucker Center for Research on Girls & Women National Collegiate Athletic Association (NCAA) in Sport members include institutions, conferences, organi- College of Education & Human Development zations, and individuals who work together to University of Minnesota maintain intercollegiate athletics as an integral 203 Cooke Hall 1900 University Avenue SE. part of the educational program and the athlete as Minneapolis, MN 55455 an integral part of the student body. NCAA works Phone: 612–625–7327 to promote female athletes and keep athletic pro- Fax: 612–626–7700 grams available for all students. Education and Web site: www.kls.umn.edu/crgws outreach efforts include life skills, diversity, and leadership programs; scholarships and internships; The Tucker Center for Research on Girls & a sports library; and a biweekly newspaper avail- Women in Sport leads research, mentoring, and able online. public education efforts that focus on how sports and physical activity affect the lives of women and

4 | Toolkit To End Violence Against Women girls. The center produces a biannual newsletter the Lives of Girls: Physical and Mental Health (available online at the Web site) that discusses Dimensions From an Interdisciplinary Approach. research projects, community outreach programs, Washington, DC: U.S. Department of Health and and related news. Human Services.

Women’s Sports Foundation 2. In 1990, the U.S. Congress passed the Campus Eisenhower Park Security Act in response to concerns about crime East Meadow, NY 11554 and security at institutions of higher education. Phone: 516–542–4700 This federal law requires institutions of higher Information line: 1–800–227–3988 education to disclose information about campus Fax: 516–542–4716 safety policies and procedures to all students and Web site: www.WomenSportsFoundation.org employees annually, and to provide statistics con- The Women’s Sports Foundation promotes female cerning certain crimes that occur on campus and participation in sports and fitness activities and on property contiguous to the campus (Crime educates the public on gender equity in sport. The Prevention and Campus Security Act of 1990, Pub. Web site offers online information about issues L. No. 101-542, title II, 104 Stat. 2384 (codified and research, education and leadership programs, as 20 U.S.C. ¤¤ 1092, 1092 note, 1094, 1232g)). careers and scholarships, and women’s sports events. Reference Endnotes Bell, C.C. (1997). “Promotion of Mental Health Through Coaching of Competitive Sports.” 1. The Center on Girls & Women in Sport (1997). Journal of the National Medical Association The President’s Council on Physical Fitness and 89(8): pp. 517Ð520. Sports Report: Physical Activity and Sport in

Chapter 13. Promoting Healthy, Nonviolent Attitudes and Behaviors Through Sports | 5 Native Communities Provide In federal and Increase training Increase the availability of cultur- Increase the availability . Increase tribal, state, flex- and federal funding and grant Increase training for health care providers on culturally Increase training for health care providers Integrate culturally appropriate informationIntegrate on sexual Expand domestic violence and sexual assault training for tribal Expand domestic violence and sexual Provide government funding and technical support to develop programs funding and technical support develop to government Provide Increase affordable and safe housing options in Indian communities. in Indian women programs development of violence against parallel Foster Country. in Indian Country women about violence against concurrently with programs in non-Indian communities. being developed Expand intervention for children. resources experienced ally appropriate mental health services have for Indian children who or witnessed sexual assault or domestic violence. in prevention. Invest assault, and domestic violence, dating and stalking into Indian school curriculums. Support the development of culturally appropriate strategies to end violence strategies appropriate Support of culturally the development Indian women against design of culturally specific services the ibility to encourage for adult and child victims of violence, interventions as as well of that violence. for the perpetrators of tribal courts. operations Enhance the development and continued Develop, strengthen, protect Indian and fully implement tribal codes that better women, including the enforcement of full faith and credit laws. of crimes of violence against and prosecution Strengthen investigation Indian women. officials and prosecutors, enforcement and federal law coordina- and encourage tion among tribal, federal, enforcement offices. and state law health care servicesExpand specialized health and mental for Indian been sexually assaulted. women and children who have for Indian Health Services violence on and other health care providers issues, women against Assault Nurse Sexual and expand and strengthen in Indian Country. Examiner (SANE) programs Enhance health care response to domestic violence services for Indian women and children. appropriate screening, assessment, and response to domestic violence. resources to build safe and affordable emergency, transitional, and long-term of violence. been victims have who housing for Indian women Recognize and respect the sovereign status of Indian tribes. the sovereign status of Indian Recognize and respect with tribal governments,state interactions adhere to principles of government-to- respect the history, relations and government customs, of indi- governments and vidual tribes. Chapter 14. Nation to Nation:Nation to 14. Chapter Women of Native the Safety Promoting What Native Communities Can Do To Do Can Communities Native What AMake Difference Chapter 14-Tab 10/29/01 11:13 AM Page 1 Page AM 11:13 10/29/01 14-Tab Chapter Chapter 14 Nation to Nation: Promoting the Safety of Native Women

nder tribal tradition and law, many governments and the Federal Government have American Indian and Alaska Native com- concurrent jurisdiction over certain classes of U munities viewed women as sacred and crimes and exclusive jurisdiction over other class- accorded women important political and social es. Often, tribal police and federal law enforce- status. The traditional tribal response to violence ment agencies are the first responders to Indian against Indian women was swift. However, some women who have been stalked, sexually assault- U.S. federal policies have undermined traditional ed, or battered, and they assist the Federal Bureau tribal leadership, law enforcement response, and of Investigation (FBI) and the Bureau of Indian the economic stability of many tribes. Violence Affairs (BIA) in investigations. Thus, the safety against indigenous women must be viewed within of American Indian and Alaska Native women in the context of the history of assimilation policies Indian Country hinges on an effective tribal jus- and practices implemented by the United States. tice system working in partnership with federal law enforcement. Enhancing tribal and federal Today, much of Indian Country is faced with partnerships and reducing violence against severe economic deprivation, high unemployment, American Indian women can be achieved, in part, and related social problems such as alcohol and by disregarding the race of perpetrators and substance abuse. Both male and female American affirming tribal court authority to safeguard Indians experience violent crime at higher rates American Indian women within tribal territories, than people of other races and are more likely to whether they have been attacked by Indians or experience interracial violence.1 The rate of non-Indians. sexual assault is higher among American Indian women, including Alaska Native and Aleut The shortage of appropriate resources in most women, than other women in the United States. Indian communities adversely affects the avail- In 1999, the Bureau of Justice Statistics reported ability of advocacy and support services for that American Indian women suffered 7 rapes or women and children who have experienced sexual sexual assaults per 1,000 women, compared to 3 assault, dating or domestic violence, or stalking. per 1,000 African-American women, 2 per 1,000 The concerns of American Indian and Alaska white women, and 1 per 1,000 Asian women.2 Native women and their communities are often Other studies report that Native women also face not reflected in the policies and decisions of local high rates of domestic violence and stalking.3 or state councils addressing violence against women. American Indian and Alaska Native The United States has a unique legal relationship women living outside reservation communities with Indian tribal governments as set forth in the often have no access to culturally specific servic- Constitution and supporting legal trusts, statutes, es. The scarcity of jobs and affordable housing on orders, and decisions. Specifically, the United reservations not only puts tremendous pressure on States is responsible for preserving the public the limited resources of many Native communi- safety of residents of Indian communities. Tribal ties but also limits the options of women and their

| 1 children who have been victimized or are at in- Train all federal employees who work in Indian creased risk for sexual assault, dating or domestic Country on issues of violence against women, violence, or stalking. including incidence, prevalence, and culturally specific responses. Despite hardships endured by American Indians Conduct ongoing meaningful and timely con- and Alaska Natives, traditional cultures remain a sultations with American Indian and Alaska source of strength. The centrality of religious cer- Native women’s advocates and representatives emonies and other communal events, a greater of tribal governments to develop policies and balance of power between men and women, and programs that address violence against women. the respected role of women are cultural resources Build in accountability measures that allow that can be used to reduce and prevent violence Indian communities to monitor the impact of against women in these communities. such consultation. Reducing violence against women in these com- Require any non-Indian grantee working with munities requires that tribal governments prioritize Indian people on issues of violence against the safety of Native women, develop policies and women to demonstrate a working relationship programs responsive to the unique needs of their with the sovereign nation representing those communities, and be granted the authority and people being served by the agency. resources to fully implement these programs Award grants for programs addressing vio- and policies. Allowing organizations directed by lence against Indian women directly to tribal American Indian and Alaska Native people to governments. apply for federal grants directly can ensure that Through federal regulation, allow community- more programs are culturally appropriate in their based organizations operated by indigenous design and implementation. Monitoring, evalua- people to apply to federal agencies directly for tion, and technical assistance associated with such grants addressing violence against Indian federal grants should be developed collaboratively women. with the tribal governments and Indian organiza- tions and advocates. 2. Encourage the development of indigenous strate- gies that address violence against Indian women and Outlined below are specific actions the U.S. reflect the unique history, customs, and circumstances Government, tribal governments, American Indian of individual tribes. and Alaska Native communities, and Indian and Increase funding for violence against women non-Indian advocacy organizations can take to initiatives within Indian communities, including reduce and eliminate violence against women and culturally appropriate intervention programs for girls in Native American communities. Indian perpetrators of sexual assault, dating and domestic violence, and stalking. Improve Response to Violence Against Allow tribal grantees the flexibility necessary Indian Women to use federal grants and other funds to imple- ment linguistically and culturally competent 1. Understand and respect tribal sovereignty and the programs for reducing violence against Indian federal trust responsibility that arises from the U.S. women. Government’s legal relationship with Indian tribal Support capacity building for Indian communi- governments. ties through technical assistance initiatives Train all federal employees who work in Indian designed and provided by organizations with Country on issues of tribal sovereignty and the demonstrated expertise in issues regarding vio- policymaking discretion of tribal governments. lence against Indian women. Avoid limiting the policymaking authority of tribes.

2 | Toolkit To End Violence Against Women 3. Support the development, enhancement, and con- off-reservation in rural communities, and tinued operation of tribal courts. Indian women who lack strong tribal ties. Help tribes establish and enhance tribal courts, Promote parallel development of programs and offer technical assistance in drafting and regarding violence against women by funding implementing tribal codes addressing violence the design and implementation of programs against Indian women. responsive to Indian communities concurrently Help tribal courts, U.S. Attorneys’ Offices, and with programs being developed in non-Indian states coordinate efforts to implement full faith communities. and credit laws effectively.4 Provide ongoing training in sovereignty, cultur- al sensitivity, and issues of violence against 4. Increase funding for training federal and tribal law women to staff and board members of multi- enforcement agencies on effective investigation and service non-Indian organizations who offer prosecution of violence against Indian women. services to Indian communities. Train all tribal law enforcement, FBI, and BIA Support the development of strategies that officers to enhance their responses to sexual ensure the personal safety of advocates threat- assault, dating and domestic violence, and ened by the abusers of women they are stalking, including cases of battered women assisting. who act in self-defense and those involving alcohol or drug use. 7. Support the development and expansion of spe- Support collaborative efforts among tribal law cialized health and mental health care services for enforcement, advocates for American Indian American Indian and Alaska Native survivors of sexual and Alaska Native women, tribal elders, and assault, and expand SANE programs in Indian other community representatives to build coor- Country. dinated community responses to violence Provide training on sexual assault issues, in- against Indian women. cluding the use of forensic medical exams, to enhance the expertise and capacity of Indian 5. Continue to prosecute cases involving sexual Health Services and other tribal health care assault, dating and domestic violence, and stalking providers to Indian women who are sexually among American Indian and Alaska Native women. assaulted. Share information on cases involving violence Train health care providers on the health and against women among U.S. Attorneys’ Offices, mental health consequences of sexual assault tribal law enforcement, and tribal prosecutors. for children who have been sexually assaulted.

Expand Services for Native Women and 8. Support the development and expansion of spe- cialized health and mental health care services for Early Intervention With Indian Children American Indian and Alaska Native survivors of domestic violence. 6. Increase tribal, federal, and state funding to devel- op and expand advocacy services—designed and Train Indian Health Services and other tribal directed by American Indian and Alaska Native women health care professionals in screening for and from the communities to be served—for victims of assessment of domestic violence and in provid- sexual assault, dating and domestic violence, and ing appropriate referrals and services for stalking. patients who are experiencing domestic vio- Offer culturally specific tribal-based programs lence. on reservations and culturally specific programs Train health care providers on the health and for urban Indians, indigenous women living mental health consequences of domestic vio- lence on children who witness that violence.

Chapter 14. Nation to Nation: Promoting the Safety of Native Women | 3 9. Target tribal, federal, and state resources to build Train and support educators to identify and safe and affordable emergency, transitional, and long- respond to aggression and sexual harassment by term housing in Indian Country. students. Increase federal and state funds for developing a full range of housing for victims of sexual assault and domestic violence. Resources

10. Foster the parallel development of American Mending the Sacred Hoop Indian- and Alaska Native-based projects. STOP Violence Against Indian Women Technical Include American Indian and Alaska Native Assistance Project organizations that address violence against 202 East Superior Street women as members of state sexual assault and Duluth, MN 55802 domestic violence coalitions, and provide Phone: 218–722–2781 or 1–888–305–1650 opportunities for them to participate in estab- Fax: 218–722–5775 Web site: www.msh-ta.org lishing funding, policy, and program priorities. Provide opportunities for American Indians and Mending the Sacred Hoop (MSH) is a Native Alaska Natives to assume leadership positions American Women’s organization that helps tribal in state and local sexual assault and domestic governments and agencies improve their response violence programs, and use their expertise to to Native American victims of violence against guide policy and program development. women by crafting strategies at local levels that Promote parallel development by supporting reflect available resources and cultural perspec- the design and implementation of American tives. MSH publishes a newsletter, provides assis- Indian- and Alaska Native-developed programs tance and advocacy, coordinates public education responsive to Indian communities concurrently events and conferences, and hosts an online dis- with programs being developed in non-Indian cussion forum. communities. Stalking Resource Center Ensure that non-Indian advocates are trained National Center for Victims of Crime in cultural and sovereignty issues by Indian 2000 M Street NW., Suite 480 people. Washington, DC 20036 Phone: 202–467–8700 11. Expand intervention and prevention resources for Fax: 202–467–8701 American Indian and Alaska Native children regarding Web site: www.ncvc.org sexual and physical violence. The National Center for Victims of Crime’s Increase resources for the development of cul- (NCVC’s) mission is to help victims of crime and turally appropriate information on sexual their families rebuild their lives. The Stalking assault and dating violence and its integration Resource Center provides resources, training, and into curriculums used to teach Indian children. technical assistance to criminal justice profession- Increase availability of mental health coun- als and victim service providers to support locally selors for Indian children who have experi- coordinated, multidisciplinary antistalking enced or witnessed sexual assault or domestic approaches and responses. violence. Continue addressing the effects of violence against women on the children enrolled in Endnotes or served by American Indian Head Start programs. This section focuses on indigenous people in fed- erally recognized tribes (American Indians and Alaska Natives); however, many of these

4 | Toolkit To End Violence Against Women recommendations can also be applied to indige- 3. Bachman, R. (1992). Death and Violence on the nous communities and individuals not belonging Reservation: Homicide, Family Violence, and to federally recognized tribes (e.g., Hawaii Suicide in American Indian Populations. Westport, Natives). CT: Auburn House; Tjaden, P., and Thoennes, N. (1998). Stalking in America: Findings From the 1. Greenfeld, L.A., and Smith, S.K. (1999). National Violence Against Women Survey. American Indians and Crime. Washington, DC: Washington, DC: U.S. Department of Justice, U.S. Department of Justice, Bureau of Justice National Institute of Justice, and Centers for Statistics. NCJ 173386 Disease Control and Prevention. NCJ 169592

2. Ibid. 4. For further information on full faith and credit laws, see Toolkit chapter “Enhancing the Response of the Justice System: Civil Remedies.”

Chapter 14. Nation to Nation: Promoting the Safety of Native Women | 5 U.S. Military Stress that strong Create a comple- Review, evaluate, support, Review recordkeeping efforts recordkeeping and rec- Review Work collaboratively with military collaboratively and Work Publicize the availability of civilian and military sexual Publicize the availability leadership is needed at every level to strengthen the training and management leadership is needed at every level of personnel. on every installation and victim advocates are available Ensure that trained that women on militarythe access to victim advocates from bases also have local civilian community. assault and domestic violence hotlines and crisis intervention services through- out every installation. Continue to offer victims and offenders multidisciplinary interventions. Recommend additional resources and funding or the redirection of existing resources. Record all reported cases of sexual assault, domestic violence, dating and stalking, and military prostitu- with women in forced personnel involvement tion in an appropriate DOD database. are women violence against cases involving how to improve ommend ways tracked. Establish a task force to address acts of sexual assault. to address force Establish a task Assess the incidence of sexual assault, dating and domestic violence, and stalking among unmarried military members and their intimate partners. units that policies or practices within any Continue to identify and evaluate safety. activities that compromise women’s directly or indirectly encourage militaryImprove coordination between the communities. and civilian sexual response to crimes that involve Implement a coordinated community assault, including , violence, dating and domestic and stalking committed on and off the military base. Enhance and continue to use military intervention to address and eliminate domestic violence at its early stages. efforts. intervention and prevention civilian communities to improve serviceContinue to teach command and to prevent unautho- members how rized use of violence throughout their active duty service. Use the Defense Task Force on Domestic Violence. on Domestic Force Task Use the Defense Violence address acts to Force on Domestic Task mentary to the Defense body militaryof sexual assault that occur within the service by or are committed personnel. and enhance the effortsand enhance the of the U.S. Department of Defense (DOD) to end domestic violence. Chapter 15. The Role of the U.S. Military in Preventing and Responding to Responding and Preventing in Military the U.S. Role of The 15. Chapter Violence Against Women What the U.S.What Make MilitaryTo Can Do a Difference Chapter 15-Tab 10/29/01 11:17 AM Page 1 Page AM 11:17 10/29/01 15-Tab Chapter Chapter 15 The Role of the U.S. Military in Preventing and Responding to Violence Against Women

he U.S. Department of Defense (DOD) has domestic violence. FAP, which includes clinically the unique responsibility of preserving licensed professionals trained in family violence, T national security. Civilians or women within is responsible for ensuring victim safety and the military who are victimized by military per- access to support and advocacy services and that sonnel are seriously affected. Such incidents of abusers receive appropriate intervention services. victimization are also detrimental to unit morale, DOD policies and FAP standards require coordi- unit cohesion, and military readiness. DOD’s role nation between FAP, law enforcement, and com- in preventing violence against women and re- manders to ensure program effectiveness. sponding to general concerns for the safety, health, and justice of its service members contributes to Two of the challenges DOD policymakers face securing the national defense. include dealing with 1) the fears that military spouses and female service personnel have about The ever-changing arena of national defense has reporting incidents of sexual assault, dating and increased the United States’ participation in peace- domestic violence, and stalking and 2) important keeping missions and community-building initia- definitional issues. tives abroad. As a result, military personnel have more diverse responsibilities. This means that the Many spouses fear reporting violent incidents military’s attitudes, policies, and procedures and because they feel the report will affect their hus- the actions of service personnel often are highly bands’ chance for promotions and pay increases visible to the foreign communities in which per- or will result in their husbands’ discharge. To help sonnel work and live. Military commanders, the reduce the economic disincentive that discourages Family Advocacy Program staff, military police, victims from reporting abuse by a service mem- and other military personnel should continue to ber, Congress authorized DOD in 1993 to provide seek opportunities to collaborate with their civilian financial support and other benefits to spousal counterparts in the United States and abroad to abuse victims. DOD provides transitional com- increase the safety and well-being of women. pensation for up to 36 months to family members when a service member is discharged from the The military has undertaken significant initiatives military or has been court-martialed for abusing to end violence against women. For example, a family member. The monthly compensation DOD has led efforts to ensure that disparaging and is based on the service member’s salary, medi- derogatory comments related to race and gender cal and dental benefits, and commissary and are not tolerated. In addition, DOD has created the exchange benefits. If the discharged or court- Family Advocacy Program (FAP) and family cen- martialed service member was eligible for re- ters. FAP conducts an annual public awareness tirement pay at the time of separation, the spouse campaign at every installation in October (during retains eligibility for a share of the former service National Domestic Violence Awareness Month) member’s benefits. DOD also can pay the spouse and a range of year-round efforts to prevent the portion for which the sponse is eligible in a

| 1 divorce, separation, or proceeding in Strong leadership also is needed at every level— lieu of transitional compensation, at the spouse’s from senior public officials at the Pentagon to sen- option. ior nonenlisted officers and other command—to strengthen the training and management of per- Definitional issues that exist also need to be sonnel (including command) on issues of sexual resolved. DOD’s FAP uses the term “spousal assault, domestic violence, and stalking. An addi- abuse” to refer to assault, battery, threat to injure tional challenge is to develop and implement or kill, other acts of force or violence, and emo- appropriate responses to situations of trafficking tional maltreatment committed by one spouse in persons and forced prostitution that military against another. FAP’s definition—created as a personnel—especially those stationed abroad— framework for providing services to family mem- may encounter. bers within the military—does not refer to vio- lence between unmarried intimate partners and In its intervention and prevention efforts, DOD therefore significantly limits the FAP’s response. has called on civilian experts and participated in The term “domestic violence” is used throughout training programs to adapt civilian concepts to the this section to describe violence between married military context. However, state and local civilian and unmarried intimate partners. policies, procedures, and programs that relate to violence against women are not always directly FAP offers services and interventions to victims applicable in the military. The constitutional allo- of violence and to abusers and sex offenders.1 In cation of powers between the Federal Government addition, FAP engages in various research, preven- and states, the requirements of treaties (Status tion, data collection, and training activities and of Forces Agreements), the Uniform Code of brings commanders, medical corps members, Staff Military Justice, federal laws, the role of the com- Judge Advocates, investigators, and others togeth- mander, and the culture of the military all have an er to coordinate their efforts. The military can and impact on the way the military responds to vio- does intervene and assist victims at earlier stages lence against women. In addition, each of the of violence than might be possible for victims in armed services has different structures and meth- civilian settings. The commanding officer may be ods of response that reflect their different mis- privy to information about service members’ per- sions. These factors create both opportunities and sonal affairs because of the social climate of the challenges to efforts to respond to sexual assault, military. As a result, the commanding officer can dating and domestic violence, and stalking. be an integral part of the military’s efforts to iden- tify and respond to incidents of violence against women. This reality, however, also raises concern The Defense Task Force on about the scope of confidentiality as it relates to incidents of violence against women in military Domestic Violence settings. The Defense Authorization Act for fiscal year If military and civilian communities work collabo- 2000, signed into law in October 1999, established ratively, they can significantly improve interven- a task force on domestic violence in the military. tion and prevention efforts, especially in cases that The Defense Task Force on Domestic Violence involve both civilians and service members. Unit (Task Force) submitted to the Secretary of Defense commanders, military police, and local judges, in February 2001 a strategic plan detailing how to prosecutors, law enforcement, and the victim address matters relating to domestic violence in the advocacy community bear the responsibility of military more effectively. The plan includes an creating protocols for communication and cooper- assessment of and recommendations for measures ation. Comprehensive, multilevel training is an to improve the following: essential component of this process.

2 | Toolkit To End Violence Against Women Ongoing victims’ safety programs. that branches of the armed services use to Offender accountability. determine which programs are effective, need further evaluation, or could benefit from The climate for effective prevention of domestic improvement. violence. Review and evaluate the adequacy of resources Coordination and collaboration among all mili- and funding allocated to develop, evaluate, tary organizations with responsibility or juris- implement, and monitor military programs diction with respect to domestic violence. to improve and standardize the response to Coordination between military and civilian domestic violence throughout the armed serv- communities with respect to domestic violence. ices. Recommend additional resources and Research priorities. funding, as necessary. Data collection. Recommend methods for improving collabora- Curriculums and training for military tion and coordination between the military and commanders. civilian communities on issues related to sexu- Prevention of and response to domestic vio- al assault, dating and domestic violence, and lence at overseas military installations. stalking. Include social workers, mental health professionals, emergency room personnel, Other issues related to domestic violence within other health care providers, law enforcement the military that are identified by the Task officers, victim/witness assistance liaisons, and Force. off-base service providers such as victim safety Outlined below are specific actions that DOD and programs and batterer intervention programs. the Task Force can take to reduce and eliminate Explore how commanders address and balance violence against . Each the needs of service members undergoing or action can be adapted to address unique issues that in need of intervention services for domestic each department and its respective organizations violence. may face. Identify strategies to make all military person- nel aware of the National Domestic Violence The Role of the Defense Task Force on Hotline and strengthen collaboration between military communities and national, state, and Domestic Violence local hotlines. Determine whether a hotline 1. Review, evaluate, support, and enhance the efforts needs to be established specifically for service of DOD to provide programs and services to women members. who are victims of violence. Review recordkeeping efforts and the tracking Evaluate current definitions of spousal abuse, of cases of domestic violence throughout the and recommend modifications so that unmar- armed services, and recommend new or ried couples (one or both of whom are active improved solutions. members of the military) experiencing vio- lence can receive more effective services and Improve the Military’s Response to interventions. Sexual Assault Assist the existing DOD working group to clari- fy and modify, as necessary, DOD’s policy 2. Establish a complementary body to the Task Force regarding the scope of confidentiality in domes- to address acts of sexual assault that occur within the tic violence cases. military or are committed by service personnel. Review the current approaches to domestic vio- Appoint experts in sexual assault to this body. lence (including sexual assault and stalking that Ask this sexual assault task force to review occur within the context of domestic violence) procedures for reporting, investigating, and

Chapter 15. The Role of the U.S. Military in Preventing and Responding to Violence Against Women | 3 prosecuting sexual assault cases involving provisions. Consider including language in the service personnel (as victims or perpetrators); order that limits the service member to the base examine the availability of specialized counsel- during the pendency of the no-contact order or ing and advocacy services for victims and sur- until a civilian protective order can be vivors of sexual assault; identify research processed. priorities; assess the effectiveness of current prevention and risk-reduction programs; and 5. Strengthen recordkeeping systems to ensure that perform related tasks. commanders are aware of military personnel who have committed acts of violence against women. Strengthen Policies and Procedures Record reported cases of sexual assault, domes- tic violence, stalking, and military involvement Related to Violence Against Women with women in forced prostitution in an appro- 3. Enhance policy development and implementation priate DOD database. Develop and implement related to violence against women. procedures to ensure that databases contain accurate and complete information and prohibit Expand efforts to ensure that trainers and com- unauthorized access or disclosure of information. manders respond to disparaging and derogatory comments, chants, and cadences related to race, Ensure that those involved in the investigation gender, or sexuality in a way that reinforces and prosecution of incidents of violence against that such behavior is unacceptable. women have access to accurate and complete databases, such as the FAP Central Registry Take appropriate measures to protect victims and civilian and military law enforcement and hold offenders accountable even if offend- agency records, to ascertain whether any previ- ers receive a permanent change of station. ous incidents occurred and to notify unit com- Consider policies that provide transitional com- manders of these prior incidents, as appropriate. pensation for spouses of military personnel Reflect all disciplinary actions taken on for- who are victims of domestic violence. warded personnel records of a transferring service member, in accordance with military 4. In cases involving military personnel and civilians department regulations. Forward FAP records residing off base or committing offenses off base, develop policies and procedures to coordinate the or the report of the complete investigation to efforts of civilian authorities and community-based the gaining installation when a service member service providers. is reassigned while under investigation or while receiving interventions through FAP. Develop procedures to ensure that copies of protection orders issued in civilian courts involving a service member are provided to Expand and Improve Training on Violence military law enforcement and the member’s Against Women commander. Before recommending appropriate military 6. Continue to train service members to prevent unau- action in such cases, ensure that Staff Judge thorized use of violence throughout their active duty service, including training designed to prevent sexual Advocates consult with civilian authorities to assault, domestic violence, and stalking. determine the most effective means for holding the offender accountable (whether civilian Continue to conduct training on violence sanctions, military sanctions, or a combination against women in consultation with experts of both). from the military and civilian communities for all levels of military personnel. In cases that involve protection orders against service members, consider issuing a written Design training programs to increase service protection order parallel in content to the civil- members’ understanding of the incidence, ian protection order, including no-contact prevalence, and impact of violence against

4 | Toolkit To End Violence Against Women women. Include information about services (in the military context) in cases of violence and advocacy available to victims, intervention against women and respond to reported cases of programs available to perpetrators, and all poli- violence against women. cies and procedures that ensure victim safety Educate all base chaplains about the unique and well-being and offender accountability, dynamics of sexual assault and domestic vio- including procedures for reporting incidents lence, best practices in helping victims to and sanctions for violations. reduce their fear and anxiety and to plan for their physical safety, and the importance of 7. Continue to provide ongoing training to all person- maintaining victim confidentiality. nel involved in the investigation and prosecution of Incorporate presentations or materials, as appro- cases that involve violence against women. priate, from community-based sexual assault Provide joint training to unit commanders, mili- and domestic violence advocates, mental health tary police, prosecutors and military attorneys, providers, batterer intervention program leaders, and investigators on the impact of sexual and child protective services representatives. assault, domestic violence, and stalking on women and their children. Supply methods for 9. Train relevant military personnel, particularly those building and presenting evidence-based cases stationed overseas, on the violence and coercion used and working with victims in ways that are sen- in the global trafficking in women and girls, how to sitive to their fears and concerns. Demonstrate avoid engaging in activities with sex workers who are how their efforts on base and in coordination victims of these illegal activities, and procedures for with civilian law enforcement officers, attor- identifying and reporting trafficking in persons and neys, and courts can increase victim safety in forced prostitution. their communities. Involve experts in trafficking in the design and When possible, provide such training in joint implementation of this training. sessions with local civilian criminal and civil court judges, local prosecutors, and senior civil- Enhance Coordination of Intervention ian law enforcement officials. Efforts on Military Installations Continue to train all military treatment facility (MTF) staff on the use of rape kits to examine 10. Continue to offer multidisciplinary interventions the victim and collect evidence in sexual assault to victims and offenders via FAP,health and mental cases and to collect other physical evidence in health professionals, and other relevant service cases involving violence against women. providers. Use current mechanisms for program evaluation 8. Prepare all commanders in each branch of the such as the Inspector General and the General armed services to work effectively with FAP and Judge Accounting Offices to examine FAP and related Advocate General (JAG) attorneys, make decisions that programs every 1Ð5 years. are responsive to the safety and well-being of victims, and ensure offender accountability. 11. Develop culturally competent interventions for vic- Ensure that all commanders work closely with tims and perpetrators of violence against women with- FAP, mental health programs, and civilian and in the military system, paying careful attention to the military criminal investigative agencies to in- victim and offender relationship. form their decisionmaking processes when Develop clear definitions and program guide- determining service member responsibility and lines when designing interventions to protect actions needed. women from sex offenders, batterers, and Teach commanders, MTF personnel, and senior stalkers. noncommissioned officers how to use current or Continue efforts to ensure that trained victim innovative materials to identify and intervene advocates are available on every installation.

Chapter 15. The Role of the U.S. Military in Preventing and Responding to Violence Against Women | 5 Provide victims with a comprehensive list of the military’s responses to violence against confidential counseling, advocacy, and support women. services and confidential assistance in accessing Conduct additional analyses on central registry health and safety resources. data, which are rich sources of historical in- Widely disseminate information to service formation about abuse cases, to support pro- members about the availability of national, gram planning and targeting of services. state, and local crisis hotlines and community- Conduct additional prevalence studies to deter- based and military crisis intervention services. mine the extent of unreported cases of sexual Teach the personnel of national hotlines and assault, domestic violence, and stalking. community-based programs about the military’s Determine and address the incidence of sexual policies and programs that relate to violence assault, domestic violence, and stalking among against women. unmarried military members and their intimate Integrate assessment of domestic violence by partners. trained staff into military home visitation pro- Review domestic violence fatalities in the mili- grams (such as family support programs) for at- tary to identify what procedures could have risk parents. reduced the possibility of a homicide. Increase analysis of interventions used to Military and Civilian Collaboration and reduce violence against women. a Coordinated Community Response Continue to evaluate efforts to educate service members about policies regarding violence 12. Implement a coordinated community response for against women. responding to sexual assault, domestic violence, and Conduct studies to help DOD make modifica- stalking. tions to policies that relate to confidentiality Include military and civilian service members, and the reporting of sexual assault, domestic health care providers, and others to whom serv- violence, and stalking incidents. ice members or their families turn for support, such as base- and community-based religious leaders. Ensure that issues of confidentiality are Resources adequately addressed in coordinated community response policies and protocols. Center for Women Veterans Establish a memorandum of understanding Department of Veterans Affairs between MTFs and local hospitals to handle 810 Vermont Avenue NW. military cases of sexual assault if services can- Washington, DC 20420 not be provided on base. Include protocols to Phone: 202–273–6193 ensure that medical and mental health records Fax: 202–273–7092 are kept confidential. Web site: www.va.gov/womenvet The Center for Women Veterans works to ensure Expand Research on Violence Against that women veterans receive benefits and services Women in the Military equal to those received by male veterans, en- counter no discrimination in their attempts to 13. Evaluate the feasibility of collaborative military access these services, and are treated with respect and civilian research teams to study violence against and dignity by Department of Veterans Affairs women in the military. (VA) service providers. Services include outreach Develop mechanisms to evaluate and coordinate to women veterans, health care, sexual trauma the efforts of government, military, and private counseling, readjustment counseling, and informa- sector researchers in joint projects to evaluate tion about and assistance with VA services and

6 | Toolkit To End Violence Against Women benefits. Women Veterans Coordinators at each VA The Miles Foundation is a nonprofit organization medical center and regional office are available to serving military personnel, civilian and former help women veterans access their benefit entitle- spouses, intimate partners, and children, providing ments and counsel women veterans seeking treat- support services to victims of violence perpetrated ment and benefits. by or upon military personnel. Services include advocacy, referrals, financial support, protective Criminal Justice Center order documentation and service, development Battered Women’s Justice Project of victim safety plans and impact statements, 4032 Chicago Avenue South engagement of witness protection programs, and Minneapolis, MN 55407 professional education, including a training that Phone: 612–824–8768 describes the best way to support victims of vio- Fax: 612–824–8965 lent acts. Its recent publication, Intimate Partner The Criminal Justice Center of the Battered Violence and the Military: A Victim’s Handbook, Women’s Justice Project promotes interagency can be obtained by contacting the foundation. coordination and policy development to enhance justice for battered women and their children. In Military Family Resource Center addition to guidance on arrest, prosecution, sen- 4040 North Fairfax Drive tencing, victim safeguards, and batterer’s interven- Arlington, VA 22203–1635 tion programs, the center also handles information Phone: 703–696–9053 Fax: 703–696–9062 on advocacy for victims of military personnel. E-mail: [email protected] Web site: www.mfrc.calib.com Defense Task Force on Domestic Violence 1401 Wilson Boulevard, Suite 500 The Military Family Resource Center (MFRC) Arlington, VA 22209 provides information to policymakers and program Phone: 703–696–9395 staff on DOD military family policies and pro- Fax: 703–696–9437 grams. MFRC includes the National Clearing- Web site: www.dtic.mil/domesticviolence house for the Military Child Development The Defense Task Force on Domestic Violence Program. The MFRC Web site lists new publica- was established in 2000 and is congressionally tions, policies, and events; provides up-to-date mandated to evaluate domestic violence programs information on military family issues; and and policies in DOD and the military. Its overall includes online publications and resources. goal is to link the military and civilian communi- ties to improve, strengthen, or coordinate preven- The Minerva Center tion and response efforts for domestic violence 20 Granada Road involving service members. Membership includes Pasadena, MD 21122 Phone: 410–437–5379 military and civilian personnel. Web site: www.minervacenter.com The Miles Foundation The Minerva Center is a research and education P.O. Box 423 facility that teaches people about women in war Newtown, CT 06470–0423 and women in the military. The center publishes Phone: 203–270–0688 two periodicals a year—the only ones in the world Hotline: 1–877–570–0688 that specifically deal with women who serve in Fax: 203–270–0688 the military. The Minerva Center also provides Web site: hometown.aol.com/milesfdn/myhomepage/ Internet support groups and a listserv that supports index.html women’s military studies and prepares seminars

Chapter 15. The Role of the U.S. Military in Preventing and Responding to Violence Against Women | 7 and support materials on such topics as the history and related professionals. NOVA works to pro- of , women in international ter- mote rights and services for victims of crime rorism and low-intensity conflict, and archival worldwide through national advocacy and influ- preservation and collection of oral histories and ence on public policy, direct services to victims, autobiographies. assistance to professional colleagues, and mem- bership benefits including an annual conference, National Military Family Association a monthly newsletter, informational bulletins, and 6000 Stevenson Avenue, Suite 304 opportunities for networking and collaboration. Alexandria, VA 22304–3526 Phone: 703–823–NMFA National Training Center on Domestic and Sexual Fax: 703–751–4857 Violence Web site: www.nmfa.org 2300 Pasadena Drive The National Military Family Association Austin, TX 78757 Phone: 512–407–9020 (NMFA) was created by wives and of Fax: 512–407–9022 military personnel who were seeking financial Web site: www.ntcdsv.org security; their efforts led to creation of the Survivor Benefit Plan. In recent years, NMFA The National Training Center on Domestic and membership has expanded to include families of Sexual Violence provides consultation and training military personnel. NMFA efforts focus on (including national and regional conferences), improvements in the quality of military family helps government decisionmakers develop and life. NMFA programs educate military families, evaluate policies and programs, and promotes col- the public, and Congress on the rights and benefits laboration among government agency staff, victim of military families. advocates and service providers, university re- searchers, and related professionals in working to National Organization for Victim Assistance end domestic and sexual violence. The Web site 1757 Park Road NW. includes a calendar of training sessions throughout Washington, DC 20010 the United States. Phone: 202–232–6682 Fax: 202–462–2255 Web site: www.try-nova.org Endnote The National Organization for Victim Assistance (NOVA) provides victim and witness assistance 1. FAP is designed to prevent and treat child and for criminal justice and mental health profession- spousal abuse in accordance with DOD Directive als, advocates, researchers, victims and survivors, 6400.1.

8 | Toolkit To End Violence Against Women International Encourage Encourage contin- Encourage Offer federal employees sta- Offer federal employees Provide victims with medical care, Provide Explain that nonimmigrant “T” Explain that nonimmigrant forms aid victims of severe visas Help other countries build the capacity to prevent trafficking, to prevent Help other countries build the capacity protect Encourage source,Encourage transit, countries to collaboratively and destination Provide victims,Provide enforcement, law and Naturalization and Immigration ictims of Trafficking and Violence Protection Act of 2000,Violence Protection and Trafficking “T” ictims of which created counseling, assistance in a safe, immigration and and legal nondetention environment. Improve interagency cooperation within the United States. cooperation Improve interagency Create shelters for victims of trafficking. conduct public awareness campaigns,conduct public awareness trafficking cases, investigate and assist with victim repatriation. U.S. for Conduct training Government employees. to eliminate violence training on how workers Corps tioned abroad and Peace trafficking in persons. and prevent women against American public about the recently enacted Implement and educate the V and “U” visas. “U” of trafficking and nonimmigrant visas help victims of certain crimes, serious including sexual assault, domestic violence, stalking, and trafficking. at the local, and children collaboration on trafficking in women ued interagency state, to ensure groups task forces and working developing by federal levels and that trafficking cases are prosecuted and victims are helped. Continue international bilateral and regional efforts to combat trafficking in efforts to combat trafficking and regional Continue international bilateral persons. organizations between nongovernmental increased cooperation Encourage in combating trafficking,and governments sexual assault, and domestic vio- lence. Ratify the (UN) Trafficking in Persons Protocol. Persons in Trafficking Nations (UN) Ratify the United participation in this protocol, the first international instrument that requires partiescountries that are in persons to the protocol to criminalize trafficking and assistance to victims. for enhanced protection of a framework and provide for technical assistance,Increase funding training, and aid to U.S. Govern- to combat trafficking, working ment agencies sexual assault, and domestic violence. victims,and reintegrate and prosecute traffickers. and investigate Service personnel with training on trafficking in persons. with victims Provide and protection,information about victim advocacy assistance, legal health care, and reintegration. ◆ ◆ ◆ ◆ ◆ ◆ What the United States Can Do To Make To Can Do States the United What a Difference ◆ ◆ Chapter 16. The United States Within the International Community—Responding Community—Responding International the Within States United The 16. Chapter Persons in Trafficking to Chapter 16 The United States Within the International Community—Responding to Trafficking in Persons

lthough trafficking in women is a long- threats. It is likely that trafficking to the United standing issue globally, it is a relatively States and other countries will continue, given A new one for U.S. policymakers. The weak economies and few job opportunities in the Victims of Trafficking and Violence Protection countries of origin, enormous profit potential for Act of 20001 has defined “severe forms of traf- the traffickers, and improved international trans- ficking” as portation infrastructures.

A) Sex trafficking in which a commercial sex Worldwide, the industry of trafficking in persons act is induced by force, fraud, or coercion or is also closely linked to other related criminal in which the person induced to perform such activities such as extortion, racketeering, money an act has not attained 18 years of age; or laundering, bribery, drug use, gambling, conspira- cy, document forgery, and visa, mail, and wire B) The recruitment, harboring, transporta- fraud. The consequences of trafficking in persons tion, provision, or obtaining of a person for are enormous, with severe political, economic, labor or services through the use of force, criminal, and health implications. Most important, fraud, or coercion for the purpose of sub- trafficking is a violation of basic human rights. jection to involuntary servitude, peonage, debt bondage, or . The global nature of trafficking in persons demands a coordinated international effort. The Trafficking of women and children for forced transnational character of trafficking requires labor and the unfortunately is preva- countries of origin, transit, and destination to col- lent in many regions of the United States. An esti- laborate to prevent trafficking, protect victims, mated 45,000Ð50,000 women and children are and prosecute traffickers. To diminish trafficking trafficked annually to the United States, primarily requires multiple strategies that target prevention, by loosely connected criminal networks. World- implement economic strategies (such as micro- wide, an estimated 700,000Ð2 million women and credit lending to the women in the countries of girls are trafficked annually.2 origin), support the education of girls and the elimination of gender discrimination in the coun- Although trafficked persons traditionally have tries of origin, strengthen the penalties and laws come from and Latin America, against traffickers worldwide, and enhance assis- they are coming increasingly from the newly inde- tance and protections for the victims. An effective pendent states of the former Soviet Union and strategy to combat trafficking further focuses on Central and Eastern Europe. Victims of trafficking improving coordination and cooperation between often suffer imprisonment and extreme physical government agencies and nongovernmental organ- and mental abuse, including rape, torture, starva- izations at the local, state, and federal levels. tion, other general physical brutality, and death

| 1 Ratifying the Trafficking in and government agencies to assist victims of trafficking. Persons Protocol In January 1999, the United States and Argentina Implementing U.S. Trafficking introduced a draft protocol on trafficking in women and children at the first negotiating ses- Legislation sion of the United Nations (UN) Convention on Transnational Organized Crime. The Trafficking In October 2000, the United States enacted a com- in Persons Protocol, signed in December 2000, prehensive trafficking law: the Victims of Traffick- offers a historic opportunity for countries of ori- ing and Violence Protection Act of 2000 (Pub. L. gin, transit, and destination to work together to No. 106Ð386). The purpose of the trafficking law is investigate and prosecute traffickers and protect to combat trafficking of persons—especially into trafficking victims. The Trafficking in Persons the sex trade, slavery, and slavery-like conditions— Protocol requires countries that are parties to the through prevention, prosecution and enforcement protocol to criminalize trafficking, encourage against traffickers, and protection and assistance for industrialized countries to provide technical assis- victims. Passage of such an effective and compre- tance and training to developing countries, pro- hensive trafficking law is intended to streamline the mote international law enforcement cooperation, prosecution of traffickers, increase penalties for traf- and create a framework for enhanced protections fickers, improve the tracking of cases, and improve for victims. interagency coordination. Trafficking provisions in the Act do the following: Increasing U.S. Trafficking ◆ Require the President of the United States to establish the Interagency Task Force To Assistance Budgets Monitor and Combat Trafficking, chaired by the Secretary of State, and authorize the estab- U.S. agencies working to combat the prevalence lishment of the Office To Monitor and Combat of trafficking, sexual assault, dating and domestic Trafficking. violence, and stalking, such as the U.S. Depart- ◆ Charge the President of the United States with ments of State, Justice, and Labor and the U.S. establishing prevention initiatives to enhance Agency for International Development, will economic opportunities for trafficking victims, require larger budgets to assist other countries in such as microcredit lending and education pro- building the capacity to combat violence against grams, and with establishing public awareness women. programs on the dangers of trafficking and the protections available to victims. Larger budgets within U.S. Government agencies ◆ will allow for the expansion of existing technical Require the U.S. Department of State and the assistance programs to source and transit countries U.S. Agency for International Development to to develop model legislation outlawing trafficking establish programs and initiatives in foreign in persons and provide prosecutor and police sen- countries to assist in the safe integration, sitivity training, exchange programs, anticorrup- reintegration, or resettlement of victims of tion programs, forensic investigative techniques, trafficking. public awareness campaigns, shelter creation, ◆ Direct the U.S. Attorney General, the Sec- microcredit and job training programs, and safe retaries of Labor and Health and Human reintegration of victims. Increasing assistance will Services, the Board of Directors of the Legal harbor the added benefit of increasing cooperative Services Corporation, and the heads of other efforts between nongovernmental organizations federal agencies to expand their benefits and services to victims of severe forms of trafficking

2 | Toolkit To End Violence Against Women in the United States, regardless of the victims’ placed in Immigration and Naturalization Service immigration status. (INS) detention facilities and then deported often ◆ Authorize the U.S. Attorney General to make without access to justice. The new trafficking law grants to state, tribal, and local governments seeks to remedy these practices. and nonprofit organizations to develop, expand, or strengthen services for victims of trafficking. Clearly, trafficking victims should receive med- ical, counseling, and legal services in a language ◆ Create a new, nonimmigrant “T” visa for cer- they understand. It is clear that local, state, and tain victims of severe forms of trafficking who federal governments should advocate strongly for either have complied with any reasonable trafficking victims and provide facilities for hous- request for assistance in the investigation or ing adult and minor trafficking victims. Protection prosecution of trafficking or have not yet turned and services for trafficking victims, the allocation 15 years old. The U.S. Attorney General may of funds for shelters and long-term housing, and adjust “T” visa holders to lawful permanent res- supporting nongovernmental service providers and ident status under certain circumstances. advocates are desperately needed. The new traffick- ◆ Increase the penalties for slavery and trafficking ing law also seeks to meet some of these needs. crimes, and create a new crime of forced labor that captures slavery-like practices that do not Under the Victims of Trafficking and Violence meet the elements of the involuntary servitude Protection Act of 2000, local, state, and federal statute as interpreted by the U.S. Supreme Court. government agencies must partner with non- ◆ Criminalize trafficking for the purpose of invol- governmental organizations. This is a critical first untary servitude or forced labor and sex traf- step toward creating an effective federal inter- ficking of children by force, fraud, or coercion. agency working group, mandated by the new traf- ◆ Punish the withholding or destruction of immi- ficking law, whose mission it will be to assist with gration or identification documents for the pur- community or state responses to trafficking in per- pose of preventing a trafficking victim from sons. The interagency working group’s short- and escaping. long-term goals will be to improve prevention of trafficking, protect the rights of trafficked persons, and streamline prosecution.

Improving Protection and Outlined below are specific actions that U.S. Services to Trafficking Victims in Government agencies; the UN; Congress; U.S. embassies; the Peace Corps; U.S. companies the United States and their subcontractors; local and state govern- ments; housing, shelter, and detention facilities; Providing protection and services to trafficking private foundations; and nongovernmental and victims can be difficult because agencies may community-based organizations can take to help focus on the victims’ unlawful immigration or stop the trafficking in persons. labor status rather than on the fact that their basic human rights have been violated. Many trafficking cases are incorrectly labeled as alien smuggling or Work Internationally To End Trafficking prostitution cases. To remedy this, local, state, and Related Forms of Violence Against and federal law enforcement should be specially Women and Children trained to identify and respond to trafficking cases. The lack of a consistent and streamlined proce- 1. Support the Trafficking in Persons Protocol. dure for housing and handling trafficking victims ◆ Encourage source, transit, and destination further complicates service delivery. Trafficking countries to sign, ratify, and implement fully victims are either placed in the only available the Trafficking in Persons Protocol. shelters, often domestic violence shelters, or

Chapter 16. The United States Within the International Community—Responding to Trafficking in Persons | 3 2. Increase funding for technical assistance, training, 4. Continue to work with local women’s organizations and aid to U.S. agencies working to combat trafficking to ensure that women and girls are informed about and related forms of violence against women issues related to trafficking, sexual assault, and dating internationally. and domestic violence. ◆ Encourage industrialized countries to provide ◆ Increase U.S. Government International Visitor assistance and training to developing countries program participation of representatives from to improve efforts to combat trafficking, as out- nongovernmental organizations working to lined in the Trafficking in Persons Protocol. combat trafficking, sexual assault, and domestic ◆ Increase budgets for the U.S. Departments of violence. State, Justice, and Labor, the U.S. Agency for ◆ Invite various nongovernmental organizations, International Development, and other govern- international donors, and government and law ment agencies to better assist other countries’ enforcement officials to roundtables at U.S. and improve our own efforts to combat traffick- embassies to discuss trafficking and other ing and other violent crimes against women. forms of violence against women. ◆ Expand technical assistance programs that identify and end trafficking, such as those that 5. Conduct trafficking, sexual assault, and domestic provide model legislation; seminars on corrup- violence awareness training for U.S. workers stationed tion; training for police, prosecutors, border abroad. patrol, and customs personnel, among others, ◆ Provide trafficking, sexual assault, and domestic on how to identify and respond to trafficking violence awareness training to all employees at and victim sensitivity issues; and equipment to the U.S. Department of State and employees from developing countries. other agencies who are stationed abroad, includ- ◆ Increase support of widespread public aware- ing military service personnel—particularly those ness campaigns that warn potential victims of seconded to UN peacekeeping missions—and tactics used by traffickers, explain victims’ consular officers who review visa applications. rights, and explain what victims should do if 6. Take an active role in preventing and responding to they are or someone they know is victimized. violence against female employees and against ◆ Provide continued financial and technical women in the communities in which U.S. companies assistance to nongovernmental organizations operate. involved in protecting, rehabilitating, and ◆ Ensure that employees of U.S. companies repatriating trafficked persons. abroad are not victims of trafficking. Facilitate employee access to information on trafficking, 3. Dedicate a portion of U.S. foreign aid to women’s including providing instructions on what to do and human rights organizations abroad that provide services and advocacy to survivors of trafficking and if an employee encounters a trafficking situa- related forms of violence against women. tion. Facilitate access to services for trafficked persons. ◆ Work closely with local women’s and human ◆ rights groups and other nongovernmental Contact the appropriate authorities if there is organizations to design, develop, and expand reason to believe that an employee is being these programs. subjected to physical or psychological coercion or debt bondage-like situations (i.e., requiring a ◆ Increase job training, funding for education, person to “work off” a debt if the debt is unrea- and the number of microcredit lending pro- sonable, is not decreased by a reasonable value grams available to survivors of trafficking and for the services rendered, or is “worked off” related forms of violence against women. over an unlimited period of time).

4 | Toolkit To End Violence Against Women ◆ Adopt or improve on and enforce companywide traffickers and employers and the right to pur- safety policies on sexual harassment, discrimi- sue civil lawsuits against their traffickers and nation, sexual assault, dating and domestic vio- employers. lence, and stalking. ◆ Ensure that criminal processes do not impede For related recommendations, see Toolkit chapters the victim’s right to file a civil suit, and extend “Promoting Safety and Nonviolence in the Work- the statute of limitations to file such a suit. place” and “Promoting Women’s Economic ◆ Take reasonable measures to expedite traffick- Security.” ing cases to reduce the time survivors must wait. Work Domestically To End Trafficking and 10. Provide appropriate housing alternatives to tradi- Related Forms of Violence Against tional detention facilities for victims of trafficking. Women and Children ◆ Provide safe long-term shelter and access to 7. Enact and enforce state and federal laws and poli- medical and legal services to women and chil- cies regarding trafficking in persons throughout the dren who have been trafficked. Avoid the use of United States. detention centers, jails, or prisons as a substi- ◆ Implement the comprehensive legislation that tute for housing. criminalizes trafficking in the United States and ◆ Develop effective strategies at the local, state, protects the rights of trafficked persons. and federal level to deal with the housing needs of large groups of trafficked people. (For exam- 8. Collaborate with nongovernmental organizations, ple, when a sweatshop is discovered, dozens of advocates, and other experts to provide culturally trafficking victims may need immediate shelter sensitive training on trafficking, sexual assault, dating and other services.) and domestic violence, and stalking to all relevant ◆ Examine policies of existing shelters for home- personnel. less people, victims of domestic violence, or ◆ Provide training to personnel from the U.S. children or youth that require documentation to Departments of State, Justice, Defense, Health receive services, and remove barriers that pre- and Human Services, and Labor, the Social vent trafficking survivors who lack documenta- Security Administration, and all agencies con- tion access to these services. nected with immigrant, refugee, and trafficked populations. 11. Identify dedicated funding to support the develop- ◆ Provide specialized training to local, state, and ment of services for trafficking victims. federal law enforcement so they can learn how ◆ Provide funding through the Victims of Traf- to identify and respond to trafficking situations ficking and Violence Protection Act or other with questioning and investigation techniques funding vehicles to local and state authorities to that are appropriate to this type of crime. En- operate hotlines, provide training programs for sure that law enforcement personnel understand employees, create antitrafficking awareness the rights of and services available to trafficked materials, and fund shelters for trafficking persons. In addition, train attorneys who repre- victims. sent trafficking victims to assist victims in seeking restitution. 12. Increase funding and access to legal services for victims of trafficking. 9. Hold the persons and organizations involved in traf- ◆ Develop pro bono, low-cost, and sliding-scale ficking in women and children accountable for their legal representation and independent counsel crimes. for victims of trafficking. Provide legal services ◆ Allow trafficking victims the legal right to seek restitution, damages, and back pay from

Chapter 16. The United States Within the International Community—Responding to Trafficking in Persons | 5 to help survivors apply for immigration relief efforts; and resources including a reference library and seek restitution from traffickers and and archive. employers. ◆ Designate Legal Services Corporation funding Center for Gender and Refugee Studies specifically to provide services for victims of University of California Hastings College of the Law trafficking. 200 McAllister Street San Francisco, CA 94102 Fax: 415–565–4865 13. Work to improve interagency cooperation and Web site: www.uchastings.edu/cgrs develop comprehensive services to respond to the needs of victims of trafficking and related forms of The Center for Gender and Refugee Studies violence against women. (CGRS) provides legal assistance and resources to ◆ Develop interagency task forces and working attorneys representing asylum-seekers who are groups at the local, state, and federal level to victims of violence against women. CGRS also share information, resources, and best practices educates policymakers and the general public to for combating trafficking and related forms of drive and develop new laws and public policies on violence against women. issues of gender-related violence. ◆ Increase public awareness through education campaigns. Train federal law enforcement, Coalition to Abolish Slavery and Trafficking Little Tokyo Service Center prosecutors, INS personnel, and victim advo- 231 East Third Street, Suite G104 cates to streamline the prosecution of traffickers Los Angeles, CA 90013 and to improve services and protection for Phone: 213–473–1611 victims. Fax: 213–473–1601 Web site: www.trafficked-women.org 14. Provide funding to expand the efforts of the Trafficking in Persons and Worker Exploitation Task The Coalition to Abolish Slavery and Trafficking Force. (CAST) works to end trafficking and forced labor ◆ Expand the public awareness campaigns of the and assist victims. The CAST Web site provides Trafficking in Persons and Worker Exploitation publications and resource information, news of Task Force, focusing on immigrant communi- campaigns and advocacy efforts, and links to relat- ties and non-English speakers. ed organizations and materials. ◆ Increase the language capacity of the Traf- General Trafficking Information, U.S. Department ficking in Persons and Worker Exploitation of State Task Force complaint line and expand its serv- Web site: usinfo.state.gov/topical/global/traffic ices to operate on a 24-hour per day basis. The U.S. Department of State’s International Infor- mation Programs Department distributes general Resources information on this subject, including official texts, fact sheets, and reports on U.S. Government initiatives, international initiatives, and organizations. Anti-Slavery International Thomas Clarkson House International Human Rights Law Group The Stableyard Broomgrove Road The Initiative Against Trafficking in Persons London SW9 9TL England 1200 18th Street NW., Suite 602 E-mail: [email protected] Washington, DC 20036 Web site: www.antislavery.org Phone: 202–822–4600 Anti-Slavery International works to end slavery Fax: 202–822–4606 throughout the world, offering educational materi- Web site: www.hrlawgroup.org als and publications; fundraising and lobbying

6 | Toolkit To End Violence Against Women The International Human Rights Law Group pro- Violence Against Women Office, Office of Justice vides support and training to local advocates who Programs, U.S. Department of Justice are working to expand human rights laws and Web site: www.ojp.usdoj.gov/vawo build human rights standards. Online resource The Violence Against Women Office implements materials pertain to trafficking, racism, and the Violence Against Women Act (VAWA) of 1994 human rights. and 2000 and leads national efforts to stop violent crimes against women, including sexual assault, National Worker Exploitation Complaint Line dating and domestic violence, and stalking. National Worker Exploitation Task Force U.S. Departments of Justice and Labor Phone: 1–888–428–7581 Endnotes The National Worker Exploitation Task Force Complaint Line handles calls from trafficking vic- 1. The definition of trafficking in persons is from tims to provide them with assistance and lead to section 103 of the Victims of Trafficking and the prosecution of traffickers. Violence Protection Act of 2000, Pub. L. No. 106Ð386, October 28, 2000. Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice 2. Richard, A. (1999). International Trafficking in Web site: www.ojp.usdoj.gov/ovc Women in the United States: A Contemporary Manifestation of Slavery and Organized Crime. The Office for Victims of Crime (OVC) was estab- DCI CI Exceptional Intelligence Analyst Program, lished by the 1984 Victims of Crime Act (VOCA) An Intelligence Monograph. Washington, DC: to oversee diverse programs that benefit victims of Center for the Study of Intelligence. p. 3. crime. OVC provides substantial funding to state www.cia.gov/csi victim assistance and compensation programs— the lifeline services that help victims heal. OVC also supports trainings designed to educate crimi- nal justice and allied professionals on the rights and needs of crime victims.

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