Hiding in plain sight recognizing and responding to abuse later in life
Unit 7 Critical Issues in Domestic Violence
1. Looking Ahead:Critical Issues in Domestic Violence Stalking, Intervention and Prevention Learning Unit 7 A mini content lecture designed as a supplemental learning resource for CRJ 461 by Bonnie Black.
2. Unit Learning Objectives Explain the relationship between stalking and domestic violence. Describe stalking dynamics. Explain why stalking victims play a role in building evidence and list ways they can do it. Identify the unique dynamics in teen dating violence. Explain the role prevention plays in decreasing domestic violence. Describe why coordination is important and ways it can be accomplished. 2
4. Voice of a Stalking Survivor “The more I gave in to his pleas to meet or talk with him, the more power he had over me, even though he made me believe I was the one in control.” 4
5. What is Stalking? Course of conduct that places a person in fear of safety Specific behavior which is repetitive Unwanted contact - directly or indirectly communicates a threat - creates fear 5
6. How Common is Stalking? 3.9 million adults stalked annually. 3 of 4 are stalked by someone they know. 60% of female victims and 30% of male victims are stalked by an intimate partner; 10% by a stranger. Source: http://www.ncvc.org/SRC/ - National Center for Victims of Crime; as noted in Katrina Baum et al., "Stalking Victimization in the United States," (Washington, DC: BJS, 2009) 6
7. Is Stalking Dangerous? 66% of female homicide victims were stalked prior to their death. “According to data gathered by the Center for Problem-Oriented Policing, 81% of females stalked by an intimate partner are physically assaulted by their stalker and 31% are sexually assaulted.” Source: National Center for Crime Victims as cited in MacFarlane et al., “Stalking and Intimate Partner Femicide,” Homicide Studies 3, no. 4 (1998): 300-16) & National Crime Prevention Council, http://www.ncpc.org/programs/catalyst-newsletter/catalyst-newsletter-2009/volume-30-number-11/ stalking-a-new-study-sheds-light-on-a-crime-that-repeatedly-terrorizes-its-victims 7
8. Who is the Victim? Mostly women – Approximately 75% of stalking victims Women have greater stalking risk than men Men and Women have equal risk for harassment Equal reporting to police men = 37%, women = 41% Every walk of life No Discrimination Source: “Stalking Victimization in the U. S.” Bureau of Justice Statistics, January 2009; http://www.ovw.usdoj.gov/docs/stalking-victimization.pdf 8
9. “Cyberstalking” Use of the internet, email, electronic communication devices and other technology. Targets victims through chatrooms, message boards, discussion forums and email. 1 in 4 stalked with some form of technology* 83% used email 35% instant messaging Source: “Stalking Victimization in the U. S.” Bureau of Justice Statistics, January 2009; http://www.ovw.usdoj.gov/docs/stalking-victimization.pdf 9
10. Examples of Cyberstalking Threatening or obscene e-mail Spamming Leaving improper messages on message boards or guest books Sending electronic viruses Sending unsolicited email Electronic identity theft NOTE: Technology is also used to find victim, their friends and relatives; identify personal information, employment, etc. 10
11. Stalkers Come in All Shapes “The most frightening thing was he would tell me very personal information that no one else would have known. It made me feel paranoid that he was watching me all day.” Stalking Survivor 11
12. Who Are Stalkers? Prior criminal, psychiatric, substance abuse history No single psychological or behavioral profile No boundaries Can be anyone Women stalked by intimate; men by acquaintance Mostly male – particularly in intimate situations Majority seek to re-establish or initiate a relationship 12
13. General Stalking Characteristics Above average intelligence Low self-esteem No or few personal relationships Obsessive personality Lack of embarrassment/discomfort Sociopathic thinking Violent-prone 13
14. Stalker Type: Simple Obsessive Prior intimate relationship; typically male stalker Abuse during relationship – D.V. Relationship Discord - Victim ended it - Stalker hopes for reconciliation; domestic stalker represents 75 to 80%* of all stalkers - Wants to get back at victim Shorter stalking period but dangerous - Threats and violence - Suicidal - Targets others *Source: http://www.umich.edu/~sapac/info/stalking-pdf/stalking-types.pdf 14
15. Stalker Type: Love Obsessional Minimal or no relationship at all; stranger or movie star Long-term stalking period Stalker creates “fantasy” of special relationship; idealizes victim and invents relationship - any contact reinforces stalker - wants victim’s attention - can result in threats and violence - represents 20 to 25% of stalkers* Extreme Cases Called – “Erotomania” *Source: http://www.umich.edu/~sapac/info/stalking-pdf/stalking-types.pdf and image from http://www.tvtrendblog.com/21/tv/fire-david-letterman/ 15
16. Stalker Type: False Victim Stalker fabricates evidence to convince others they are being stalked Motivated by: - re-establishing relationship using sympathy - seeks out attention May be delusional or irrational Only 2% of stalkers 16
17. Length of Stalking Period 64% = One year or less (40% less than 6 months) 10% = Five years or longer 46% experienced at least one unwanted contact per week. Source: “Stalking Victimization in the U. S.” Bureau of Justice Statistics, January 2009; http://www.ovw.usdoj.gov/docs/stalking-victimization.pdf 17
19. Harassment A.R.S. 13-2921 Intent to harass or with knowledge Specific person Causes reasonable person to be seriously alarmed, annoyed or harassed Conduct does seriously alarm, annoy or harass Class 1 Misdemeanor 19
20. Aggravated Harassment A.R.S. 13-2921.01 Harassing conduct combined with certain conditions: a valid O. P. or Injunction against the person Class 6 Felony and/or Person has previously been convicted of 13-3601 involves same victim Class 5 Felony 20
21. Stalking A.R.S. 13-2923 Intentionally or knowingly engages in course of conduct and conduct either: - causes reasonable person to fear for own safety or that of immediate family and that person in fact fears - Class 5 Felony or - causes reasonable person to fear death of self or immediate family and that person in fact fears - Class 3 Felony 21
22. Interstate Stalking Act “…crime for any person to travel across state lines with intent to injure or harass another and places that person or a member of that person’s family in a reasonable fear of death or serious bodily injury.” Refer to FBI 22
23. False Assumptions about Stalking Only happens to celebrities. Victims exaggerate and overreact. Little police officers can do with no physical evidence at scene. O.P./Injunctions will stop the behavior. 23
24. Natural Reactions of Stalking Victims Deny problem Bargain with stalker Anxiety sets in; never knowing when or what they will do next Exhaustion follows; depression Blame self Angry; do anything to make stalker go away Acceptance Source: E.S.I.A. (Ending Stalking in American); http://www.esia.net/Victim_Reactions.htm 24
25. Voice of a Stalking Survivor “Many people and police officers tend to believe you're fabricating, overreacting, or that it's simply too bizarre to be real. If only that were true. All of a sudden tires on my vehicles were slashed, damage to my home, unwanted gifts, flowers, pictures and decapitated dead animals were left at my door or sent by other means, not to mention the hundreds of phone calls, and threats on my life. Simple things in life, that many take for granted, were soon taken from me. I could no longer answer my phone or drive in my car without constant fear……. Source: E.S.I.A. (Ending Stalking in American); www.esia.net/My_story.htm 25
26. Continued “I couldn't meet family members or friends….. Although I was fortunate to have support from family and friends, I started pulling away for fear that the stalker would take revenge on them. A stalker only sees other people as an obstacle in his/her way and will stop at nothing. There were times my stalker would make threats to kill whoever he saw me with. In essence, stalking is more than just harassment and threats - it's an act of terrorism that a victim faces every hour of every day.” 26
27. Criminal Justice Response Needs to be Victim Centered Collaboration and mutual cooperation Open communication Sharing Commitment to common goal Recognition of danger and continual focus on safety Sensitivity to victim’s frustration, fear and anger 27
28. Importance of Victim Relationship in C.J. Response Victim documentation proves “course of conduct” and “series of acts.” Repetitive acts require victim to build a case and collect evidence. Victim collaboration and communication key. Need good victim relationship to preserve evidence; traditional crime scene may not exist. 28
29. Voice of a Stalking Survivor “Stalking victims don't have the physical bruises to show. Day after day they are mentally raped. Can pictures prove their anguish or their fight to survive? No. Are their stalkers there when the police arrive? No. Almost every stalking victim you speak with will tell you the same thing. It would have been much easier if he/she had just shot and killed me than the hell I went through or no one would believe me, especially officers."Everyone thought I was the crazy one." 29 Source: E.S.I.A. (End Stalking in America); www.esia.net/
30. Examples of Victim’s Role in Case Building Keep a detailed journal Log all phone calls/messages; save tape recordings Print all emails; save electronically Proper opening, touching and packaging of all mail, notes, etc. Take pictures Follow-up/document all flower deliveries Call police; insist report be written 30
31. Example of Case Building “….so many small things happened to me. I had totally convinced myself that none of these would be relevant but I still documented….. In the end my journal proved to be one of the most important items in prosecution of my stalker…. Was my journal worth the time I put into it. Absolutely!” Actual Victim Statement Source: E.S.I.A. (End Stalking in America); www.esia.net/ 31
32. Example of Case Building “Carry a small cassette recorder in your car. There were so many times, while I was driving that I would see something that instantly reminded me of something that I had forgotten about…. I paid $9.95 for mine. A small price to pay when it came to proving it in court.” Actual Victim Statement Source: E.S.I.A. (End Stalking in America); www.esia.net/ 32
33. Increasing Victim Safety No contact with stalker Tell others Change routines Don’t answer phone Obtain O.P./Injunction All keys are accounted for; change locks Car in garage/lighted area Lock all outside electrical/phone boxes and gates Keep a cellular phone All utility accounts coded with password Don’t throw personal items in trash or post on web Provide pictures to co-workers/family, if stalker known Security system 33
34. Voice of a Stalking Survivor “During sentencing, on March 11th, 1999 Judge Keppel stated; "the emotional trauma suffered by the victim in this case was emotional rape, the defendant is a danger to society. In my opinion the victim was right; these were continual acts of terrorism. For anybody to have to live through this period of time that she lived through, with these types of activities affecting her everyday life, these are acts of terror." Source: E.S.I.A. (End Stalking in America); www.esia.net/My_story.htm 34
35. Conclusion of Part I Stalking often occurs when a domestic violence victim leaves the relationship; can increases risk of homicide. Stalking is repetitive and a pattern of behavior. 25% of victims are cyberstalked; most using email as the method of choice. Law enforcement and stalking victims need to work together to preserve and build evidence. 35 Note: Some segments taken in part or modified from Stalking Law Enforcement Training materials developed by Mesa Community College in conjunction with a VAWA grant.
37. 1. Early Intervention: Teen Dating Violence 1 in 5 female high school students report being physically and/or sexually abused by a dating partner. 50% of reported date rapes are teen victims. 1 in 3 teens know a friend or peer who has been physically hurt by a dating partner. Only 33% of teens in abusive relationships told anybody. Source: “Teen Dating Violence Facts,” American Bar Association; National Teen Dating Violence Prevention Initiative; www.clotheslineproject.org/teendatingviolencefacts.pdf 37
38. Unique Issues in Teen Dating Violence Have little experienced with dating. Are pressured by peers and others to find a boyfriend (or girlfriend). Being in a dating relationship can bring popularity and status. Seek independence from parents; want to solve own problems. Have "romantic" story book views of love. Emotional intensity increases quickly; madly in love after one week. Source: Taken in part from http://www.acadv.org/dating.html 38
39. Unique Issues Continued Avoiding abuser even when relationship ends is difficult if they go to same school or have common friends; risk increases. Victim perceives jealousy, possessiveness and controlling behavior as signs of love and commitment. Relationships are typically short but intense. 39
40. Dating Bill of Rights - I have the right to: 40 Ask for a date Refuse a date Suggest activities Refuse any activities, even if my date is excited about them Have my own feelings and be able to express them Say, "I think my friend is wrong and his actions are inappropriate" Source: Arizona Coalition Against Domestic Violence: http://www.acadv.org/dating.html
41. I have the right to: Tell someone not to interrupt me Have my limits and values respected Tell my partner when I need affection Refuse affection Be heard Refuse to lend money Refuse sex any time, for any reason Have friends and space aside from my partner 41 Source: Arizona Coalition Against Domestic Violence: http://www.acadv.org/dating.html
42. Solutions Dating Bill of Rights What a dating partner is entitled to Teen Safety Planning Options that can be identified and used in the future Parental Intervention Like drugs, need to openly talk about date violence and watch for signs Education School programs, public service announcements to increase awareness and help teens understand the issue; encourages teens to tell and talk to parents 42
43. Solutions Continued Promotion of Healthy Dating Relationships Identification of what a healthy relationship is and early warning signs of an abusive one. National Teen Dating Violence Awareness and Prevention Campaign Designated by Congress to unite communities and criminal justice agencies to publicly profile the problem and solutions (February). 43
44. The Expected Results "Teen dating violence victimizes students in their middle and high school years, a time during which they are developing attitudes and behaviors that will shape later relationships………If we work together now, we can make a real difference in the lives of teens, and improve their prospects for a healthier adulthood.“ Regina B. Schofield, Assistant Attorney General for the Office of Justice Programs. Source: www.ncjrs.gov/html/ojjdp/news_at_glance/217167/sf_5.html 44
45. 2. Law Changes: D.V. Continues to Evolve Does Arizona have a spousal rape law? Think about it! 45
46. Law Changed in 2005 Spousal rape, a Class 6 felony with an option to lower it to a class 1 misdemeanor was eliminated. Sexual assault, a Class 2 felony includes all rapes regardless of who the perpetrator is. Crimes by spouses no longer minimized by relationship. A crime is a crime! 46
47. 2011 Law: D.V. Protections Extend to Pets (ARS 13-3602) “This Arizona law provides that, if a court issues an order of protection, the court may grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13- 2910 or otherwise disposing of the animal.” Source: www.animallaw.info/articles/ovusdomesticviolencelaws.htm
48. Federal Laws: Violence Against Women Act Scope of laws continue to expand including firearm violations, stalking, interstate violations of protective orders, Full Faith and Credit, victim rights and petitioning options for battered immigrant women and children. Continued funding to support training and programs. New International Violence Against Women Act 2010 Congressional proposal. Do we have a global responsibility to end intimate violence? 48
49. 3. Collaborative Response: Mesa Police Example Center Against Family Violence “The Center Against Family Violence, where criminal justice joins forces with helping professions; where police and social workers, prosecuting attorneys and on-site physicians, work together to reduce the trauma of physical and sexual abuse; where victimization is transformed into empowerment.” Source: www.mesaaz.gov/police/cafv/default.aspx 49
50. Benefits of a One Stop Coordinated Response Reduces revictimization Personnel trained in family violence One stop forensic evidence gathering and interviewing Medical exam conducted on site rather than in hospital Services in one place to assist victim including crisis intervention Nurturing and less threatening environment 50 This model has been duplicated in several other local cities and nationwide.
51. 4. Victim Rights:Continues to Expand New – Enforcing Rights Arizona Attorney General’s Office Hiring of a Victim Rights Enforcement Officer to address complaints and hold criminal justice system accountable 51 Holding the system accountable!
52. 5. Coordinating Councils: AZ Supreme Court Efforts Supreme Court Committee on Impact of Domestic Violence and the Courts (CIDVC) “….acknowledge the severity of D.V. problem in AZ increase awareness of victim resources provides sanctions for criminal conduct enhance follow-through by law enforcement to enforce orders of protection assess state and local proceedings and services and make recommendations for system changes…..” (emphasizing victim safety and offender accountability). Source: www.azcourts.gov/cscommittees/CommitteeontheImpactofDVandtheCourts.aspx 52
53. What is the Council Accomplishing? Go to www.azcourts.gov/cscommittees/CommitteeontheImpactofDVandtheCourts.aspx Scroll down and click on 2010 Minutes and read the minutes from the last meeting Interesting!! 53
54. 6. Educational Focus: ASU Law School and D.V. Creation of ASU’s Diane Halle Center for Family Justice “Diane Halle, President of the Bruce T. Halle Family Foundation, said the center will serve an urgent need. ‘Providing access to justice both for victims of family violence and for other poor families who are in need of legal service is often a matter of life and death," Halle said. "To make real change happen for our families, we need to make sure that all who are in need have access to justice. There is real urgency to take action now.’" Source: http://asunews.asu.edu/20100211_familyjusticecenter 54
55. Conclusion: What does the future hold? Things to Consider: D.V. offender registration? (New York) Lifetime probation for D.V. offenders? Increased media exposure to D.V.? New academic classes related to victimization and D.V.; degrees in Victimology? More or less murder-suicides and homicides related to D.V.? What else? 55