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An Unbiased Domestic Violence Awareness MonthWritten by Richard L. Davis, SAFE SpeakerI believe that as law enforcement officers increase their knowledge about the dynamics of domestic violence, they respond better while markedly decreasing their level of frustration. It would seem logical that all victims of domestic violence regardless of age, gender or sexual orientation would receive justice from the criminal justice system. However, many domestic violence advocates, even those who claim to be unbiased, continue to view the issue of domestic violence as only or primarily violence against women. Law enforcement and others in the criminal justice system do not have that same luxury. In The BeginningIn 1981 a group of citizens in Duluth, Minnesota became frustrated with what they perceived was a lack of commitment by the criminal justice system concerning “wife beaters.” With private funding they founded the Duluth Abuse Intervention Project. http://www.duluth-model.org/ The project was a coordinated community wide effort that contained a number of agreed upon written protocols that were intended to connect the police, the court system and social service agencies. How We Lost Our WaySusan R. Paisner is a Maryland criminologist and writer with more than 20 years’ experience in domestic violence. She writes for and is on the advisory board of the National Bulletin on Domestic Violence Prevention. Paisner recently wrote that the key to effective “domestic violence” training is to make the dynamics of domestic violence very, very clear. Unbiased DataMuch of the following data is taken from the National Violence Against Women Survey (NVAWS) http://www.ncjrs.org/pdffiles1/nij/183781.pdf. Everyone who is a member of the criminal justice system or who advocates for victims within the criminal justice system is doing a disservice to the victims of domestic violence if they are not aware of the results of this survey. The NVAWS documents that 22.1 percent of surveyed women and 7.4 percent of surveyed men report they were physically assaulted by a current or former spouse, cohabiting partner, boyfriend or girlfriend, or date in their lifetime. Approximately 1.3 percent of surveyed women and 0.9 percent of surveyed men report experiencing such violence in the previous 12 months. Approximately 31.5 percent of female rape victims compared with 16.1 percent of male rape victims report being injured during their most recent rape. About 39.0 percent of female physical assault victims compared with 24.8 percent of male physical assault victims report being injured during their most recent physical assault. Approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually in the United States. Because many of the victims suffer multiple victimizations the number of women who are physically assaulted by intimate partners annually is an estimated 4.5 million and 2.9 million against men. These statistics do not document “battering behavior.” All data documents and almost all researchers agree that in violence between men and women, in which homicides, serious injuries and sexual assaults are suffered, there is little question that women are victims more often than men. Data ExpungedA 1994 federally sponsored family violence conference noted that the problem of family violence in the United States is epidemic. The conference estimates that the annual incidence of abuse of family members is at 2 to 4 million for children, nearly 4 million for women, and 1-2 million for elder adults. At his conference there were 400 professionals and 80 national experts. The 1994 conference experts did not acknowledge one man as being a victim of domestic violence. Not a single male victim was mentioned. More egregious is a recent report designed for and designated to our public policy makers by the National Conference of State Legislatures. This report claims that domestic violence for men is a “rare event.” The NVAWS notes that because many victims are victimized more than once the number of this “rare event” of male victimization could be as high as 2.9 million annually. Rare indeed! Each and every October during domestic violence awareness month not a single president has every, just once, mentioned the fact that even one man in the entire nation could be a victim of domestic violence. Why is it that these experts, our public policymakers, and the president on a yearly basis do not mention men as victims of domestic violence? What is the cause of these dramatic differences? How does this effect law enforcement and others in the criminal justice system? DynamicsThe last three decades of research reveal that varied interventions are needed for the many different dynamics domestic violence present. It should be clear to everyone that any “one-label- fits-all” or “single philosophic approach” is not suitable for all victims or all abusers. Domestic violence advocates who are concerned with the dynamics of domestic violence need to understand that this behavior can begin with or be as simple as belittlement or demeaning behavior towards another family member.
Who Gets It And Who Does NotWithout a doubt two of the most common questions I have received from domestic violence advocates over the last decade are
The bias against law enforcement is so entrenched in many advocates that there is actually a nationally recognized “domestic violence” organization that claims that in law enforcement academies law enforcement officers are trained how to inflict great physical pain on the general public while leaving no external marks or bruises. This organization then makes the claim that law enforcement will do the same to their wives. It is not just one domestic violence organization that reveals its extreme bias against law enforcement. There are many domestic violence advocates who, while not making that excessive claim, do believe these extreme and unrealistic assertions to be true. The majority of domestic violence organizations continue to believe, as their websites and pamphlets document, that domestic violence is caused by men because men in general are misogynists. These organizations ignore the fact that there is not a single empirical scientific study that can document this fundamental feminist ideology is valid. The majority of feminists still believe in “equal” rights, however, fundamental feminist ideology [people who believe women’s rights are more important than victims or civil rights] cause many in domestic violence organizations to claim that men objectify women. These fundamental feminist organizations rarely hesitate to remind us that most law enforcement officers are men. They stress that men do not respect women and that contemporary masculine mores and norms cause men in general to view women as property to be used and abused and/or sexual assaulted at will. They assert that those men who do not abuse or sexually assault women condone the behavior of men who do. They believe in their hearts and minds that men cause domestic violence because men in general hate women in particular. They remind us that the majority of police officers are men and these agencies then expect that the general public will connect their dots. The fundamental feminist patriarchal ideology is commonly held by the majority of domestic violence advocates. In many states public policy makers actually mandate that batterer intervention programs are based on this myopic feminist patriarchal model. This “one-label-fits-all” intervention for the criminal justice system and batter programs continues despite any evidence that this single minded, biased, and ideological based intervention works, in and of itself, any better than other criminal justice sanctions. A recent National Institute of Justice Report “Batterer Intervention Programs: Where Do We Go From Here?” documents that the fundamental feminist ideological based batterer programs, in and of themselves, have demonstrated little to no real scientific empirical evidence that they work. In addition to holding ideological and gender biased views many domestic violence advocates who train law enforcement officers have little real understanding of the complexities of statute, federal, state and common law. They often have less knowledge of individual police department policy and procedure concerning domestic violence. Who Doesn’t Get It?The fact is many law enforcement agencies wonder why the domestic violence advocates and public policy makers don’t get it! Law enforcement agencies, as do the majority of physicians, nurses, psychiatrists, psychologists, family counselors, educators, social workers, attorneys, judges understand that domestic violence does not fit only a single dynamic. Why Don’t They Get It?The lack of agreement between many professionals concerning just what domestic violence is continues to cause confusion and disarray between law enforcement, domestic violence advocates, and public policy makers. Domestic violence advocates claim they are right and want to train law enforcement, while the fact is that law enforcement must be guided by statute law. What Is Domestic Violence?Deborah Capaldi, is a research scientist and the author of a recent study issued by the Oregon Social Learning Center. Andy Klein, is a former probation officer, domestic violence consultant and author concerning domestic violence. Both appeared on the June 24, 2003 MSNBC show “Scarborough Country.” Battering BehaviorMost researchers and professionals agree that a “battered victim” is a victim whose life is thoroughly, extensively, and completely controlled by an abuser. The victim’s behavior is purposely altered to satisfy the abusers desires while they live in a familial or intimate partner styled relationship. The batterer manipulatively uses psychological methods, physical violence, economic subordination, threats, isolation, and a variety of other behavioral and controlling tactics to ensure the victim does what the abuser wants. Sociologist and researcher Michael P. Johnson, in his many papers concerning “Conflict and Control,” labels this behavior “intimate terrorism.” At times only one partner is violent and controlling and the other is violent only while resisting an assault. There are other couples where both partners “mutual violent control” are both violent and controlling. Often this mutually violent behavior is fueled, not caused by, the abuse of alcohol and/or drugs. It is important to understand that most victims do not rationally choose to stay in violent relationships. They often stay because they do not understand their problem is outside the mores and norms of society and/or why the relationship has gone wrong. Some victims remain because they were raised in a violent home and/or neighborhood, thus the violence they face is not viewed as aberrant or abnormal. Some do not realize or understand they can leave. Some lack the education or economic resources to survive on their own. Some have little to no community support. Some will be ridiculed by their own family for leaving. Some believe that leaving will publicly document the shame they privately feel. Some mistakenly view the failure of the relationship as their failure. Some are concerned that the physical and emotional harm their children suffer may increase if they attempt to leave. And some, rightly so, fear greater physical abuse or death. Unconditional love can keep some victims in relationships far too long. Some confuse sexually acts with acts of love and jealously and possessiveness with romantic behavior. Many who are used and abused believe that their abuser needs their help. Many learn that their abuser has been physically or sexually abused as a child. Other victims remember that their family was loving and caring and they believe they must make their chosen relationships succeed. Some victims believe that their abuser is the person suffering and their abuser wants to, can and will change. Many being abused believe that if they can demonstrate to their abuser what unconditional love is, their abuser will stop the abuse. Many victims believe that their abuser, given unconditional love, will return that love. Family Conflict AbuseIt is a fact that the majority of people who are married or who live in a familial or intimate partner styled relationship will occasionally struggle with individual or family problems. A lack of education and economic resources often create or exacerbate stress and conflict. There are many types of psychological and physical tactics employed by family members or intimate partners, regardless of age or gender, who attempt to “get their way” in a specific or general disagreement. Too often in contemporary society, many family members accept this type of behavior as “normal.” Johnson documents that this family styled conflict is the most common form of domestic violence and labels it “situational couple violence.” Johnson believes that this style of familial violence is most often documented in family violence surveys. The findings from the National Violence Against Women Survey are documented in the National Institute of Justice report the Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women. This report documents that most familial or intimate partner incidents are relatively minor. Family conflict does not always involve violent assaults nor is it the result of a specific, long term, carefully crafted, well thought out pattern of controlling behavior. Data documents many forms of family conflict can be assertive or aggressive mutual behavior, regardless of age, gender or sexual orientation. Who Still Doesn’t Get ItEsta Soler is the founder and president of the Family Violence Prevention Fund (FVPF) (www.endabuse.org). The FVPF receives national recognition concerning domestic violence intervention and training. Soler acknowledges that the debate between Capaldi and Klein, “goes to the definition of domestic violence.” And Soler is absolutely correct. Soler asserts that, “Certainly, all violence is wrong regardless of who is the perpetrator. But domestic violence is not one person pushing another person one time. Soler claims that domestic violence occurs when there is an ongoing pattern of fear, intimidation and violent assault.” And it is here that Soler displays her complete lack of understanding of statute law. It is both frustrating and painfully obvious that Soler has little to no knowledge of the statute laws that define domestic violence for law enforcement officers in all fifty states. Soler may be well intentioned, however, she just one of many domestic violence advocates who do not or choose not to understand criminal statute law. In the real world of statute law and the criminal justice system, domestic violence does not require ongoing pattern of fear, intimidation and violent assault. Soler has it absolutely wrong. Domestic violence, by statute law in all fifty states, can be one person pushing another person one time. What Soler is describing is “battering behavior” and not “domestic violence” as defined by statue law in all fifty states. There is not a single domestic violence law in this nation that matches Soler’s definition of domestic violence. And as bizarre as it seems, it is organizations similar to FVPF that continue to claim they want to educate the criminal justice system and the general public concerning domestic violence. And worse still it is organizations like the Family Violence Prevention Fund and the National Conference of State Legislatures that sometimes do train law enforcement and actually do drive many of our public policies concerning domestic violence. The Cause of the Confusion Between Capaldi, Kelin, Soler and Many OthersThe National Institute of Justice sponsored study, Controlling Violence Against Women, documents that “The vast majority of law enforcement policies, procedures, statute law and mandatory and preferred arrest laws make no distinctions between “family conflict” and “battering behavior.” A live in boyfriend stays out all night, spends his entire pay check, sleeps with his girlfriends best friend. He comes home at 5:00 AM. His girlfriend, who told him they need the money for rent and food for the kids, finds out, gets mad and throws glasses and plates at him. A concerned neighbor, hearing all the noise, calls law enforcement. Officers arrive and by statute law in the majority of our states she is the one who is guilty of “domestic violence.” In those states with mandatory arrest she must be arrested and in many other states she most likely will be.Should the woman in the preceding paragraph be considered a “batterer?” Few if any domestic violence advocates agree that this woman is a “batterer.” However, she is an example of the type of domestic violence perpetrator, regardless of age or gender, that law enforcement often responds to. What is truly sad is that contemporary domestic violence “one-label-fits-all” laws do not reflect the “battered” victims or perpetrators described by Soler or Klien. Often those arrested by law enforcement are reflections of “family conflict” found in the Capaldi study. The vast majority of law enforcement officers understand that a great many of the calls they respond to are the result of “family conflict” and not “battering behavior.” Statute law makes no distinction despite the dramatic differences between the two dynamics. Most tragic of all is the fact that data from court systems across this nation document that the violent and chronic “batterer” offenders often receive the same sentence as minor “family conflict” first time offenders. This may be directly attributed to the demand of a “one-label-fits-all” approach in reverse. Egregious InactionsIn 1983 Charles “Buck” Thurman was sentenced to 20 years in prison after his brutal attack on his wife Tracey Thurman led to a $1.9 million suit against the Torrington, Connecticut police. In the Torrington case, Thurman was found guilty of stabbing his wife 13 times, stomping on her head, and partially paralyzing her for life. Thurman was released from prison in 1991 after serving only nine years of the twenty year sentence. In 1999 a woman Thurman was living with in Northampton, Massachusetts, and mother of their child, fled the state accusing him of repeatedly choking and sexually assaulting her. No criminal charges were filed as she only asked for a restraining order to keep him away from her. The order was issued, she returned to Massachusetts and Thurman, who has a long history of ignoring court orders, violated this latest order. Thurman pleaded guilty only to violating a restraining order. A judge placed Thurman on probation for a year. He ordered Thurman to participate in any counseling ordered by the probation department and ordered him to comply with the restraining order against him. This was the only action taken by the judge despite the fact that Charles “Buck” Thurman is a chronic violent abuser who has a history of beating women and ignoring court orders. Buck Thurman had a restraining order against him and he was on probation when he beat and stabbed Tracey Thurman and traumatized her for life. In 1996 in Bristol County, Massachusetts Debbie Melo asked for and received a restraining order against her husband Luis. In an affidavit before the court she wrote that Luis made threats to do bodily harm to himself, her or both. She was afraid of what he might do to her or their daughter. In 2000 Luis Melo reported to the police that Debbie disappeared after they had a road side argument. Debbie Melo has never been seen or heard from since. The last person to see her alive was Luis Melo. No report of using credit cards, no phone calls and no attempts to reach either of her two children. Luis Melo, for good reason, should be more than a person of interest to the criminal justice system. In 2004 the live-in girlfriend of Luis Melo would appear in a civil court to get a restraining order because she and her daughter were afraid of Luis Melo. She has good reason to be afraid because Melo had beaten her in the past. Court records document that Melo is a dangerous man who should be feared. Earlier in a Bristol County court Melo had pleaded guilty to assaulting his girlfriend. For that previous assault Luis Melo received no jail time and was placed on probation. Luis Melo is a man that many believe may have murdered his wife. He is a man with a history of violent abusive behavior. And he is a man with no respect for the court system. Apparently domestic violence awareness month must slip by, year after year, unnoticed by the Bristol County District Attorney and this judge. Is there anyone other than the judge that really thinks a restraining order is going to protect this woman from Melo? Is this really the best that the District Attorney and the judge can do for this woman and her child? After decades of intervention is this as far as we have come? One-Label-Fits-AllWhat is truly sad is that these two cases are not aberrations. Data from court systems across this nation document that the most chronic violent abusers often receive the same sentence as minor first time offenders. And just as tragic, first time offenders with minor violations often are treated the same as violent chronic abusers. It is families with little education and less money, that are in need of resources, education and assistance who will receive false hopes and broken hearts from a system that puts in writing that it “will protect them.” Contemporary “one-label-fits-all” “domestic violence is battering behavior,” “mandatory arrest,” “no drop prosecutions,” and “ignore the wishes of the families” intervention process document how a good idea can become such a tragedy for many families. There is an ever increasing number of studies that document how many of these poorly conceived “good ideas” can harm as many people as they help. There is a long line of domestic violence advocates and public policy makers wanting to take credit for people who have been helped over the last couple of decades. It is time we question why there is no line of domestic violence advocates and public policy makers willing to take the blame for those who have been harmed by their “one-label-fits-all” policies. It is time to weigh successes against the failures. It is time to reevaluate the promise of “We are they criminal justice system and we are here to help you.” Studies of ImportanceThe Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women at http://www.ncjrs.org/pdffiles1/nij/183781.pdf, Batterer Programs: What Criminal Justice Agencies Need to Know at http://www.ncjrs.org/pdffiles/171683.pdf, and The Criminalization of Domestic Violence at http://www.ncjrs.org/pdffiles/crimdom.pdf, and Findings About Partner Violence From the Dunedin Multidisciplinary Health and Development Study at http://www.ncjrs.org/pdffiles1/170018.pdf. Controlling Violence Against Women at |