Possible Improvement in Judicial Process for Domestic Violence Cases on Indian Reservations September 28, 2011

The 19th annual Four Corners Indian Country Conference on September 13-15, 2011 represented an open dialogue and hope for progress related to victims’ assistance on Native American Indian reservations in Colorado, Arizona, Utah and New Mexico.

Interpersonal violence is experienced at more elevated levels on reservations than in the general population, and the Department of Justice has reported that Native American women in particular experience violence at an extremely elevated rate – three and a half times more than any other population in the United States. And when we consider the number of sexual assaults and incidences of domestic violence that are unreported [60% according to the DOJ] this number could be much higher. Prosecution is a problem on reservations, as tribes are sovereign nations and determining the jurisdiction for intimate partner violence and sexual assault cases can be complex.

US Associate Attorney General Tom Perrelli spoke at the conference on some recent Department of Justice efforts to improve the legal challenges of addressing violence, and in particular domestic violence, on reservations. The pending legislation would do three things:

1. It would give trial law enforcement more ability to prosecute crimes that happen on reservations regardless of the perpetrator’s membership in the tribe.  Currently, tribal law enforcement officers have difficulty prosecuting non-Native American offenders, even in cases of domestic violence. The legislation would also ensure that tribal law enforcement has the right to enforce protective orders on both members and non-members of Native American tribes.
2. The new DOJ laws would provide harsher federal punishments to perpetrators of violent crime within reservations. Since the 1968 Indian Civil Rights Act, the most severe punishment that can be imposed by native courts is one year in jail or a $5,000 fine, which is a far less significant penalty than most perpetrators receive for convictions outside of the tribal judicial system.
3. $100 million has also been earmarked by the DOJ for more attorneys, investigators and victim advocates on reservations. Indian Country reported that a DOJ grant that provided more domestic violence personnel resources to the Fort Peck Indian Reservation in Montana led to the first domestic violence convictions on the reservation – in only 6 months, 169 domestic assault complaints were filed, and 147 of them have pending court action.

These possible progressive changes to the prosecution of domestic violence and sexual assault on reservations would also hit close to home as North Carolina is home to the Eastern Band of Cherokee Indians.

You can contact the Department of Justice to express your support for the pending legislation and budget increases by emailing AskDOJ@usdoj.gov or by calling the Attorney General’s public comment line at (202) 353-1555.

“Bruised Barbie” Photo Shoot Has Serious Implications September 14, 2011

Last week, we shared a Yahoo! article on our Twitter account about photographer Tyler Shields’ shockingly offensive photo shoot with Heather Morris, star of the hugely popular TV show Glee. We wanted to go into more detail about the serious implications of the images and how they relate to FVPC’s mission of preventing and ending domestic violence.

In the photos, which are posted on Shields’ blog under the caption “Even Barbie bruises,” Morris is dressed in high heels, a ‘50s-style dress…and a black eye. She poses with an iron, its electrical cord and ironing board. Although she is smiling, the images are disturbing. In one photo, a man’s hand holds the iron facing toward Morris while its cord is wrapped around her wrists. Another close-up photo of Morris’s face shows off the purple bruise around her eye – some have said it’s reminiscent of the real-life police photos of Rihanna after she was abused by Chris Brown in 2009.

Shields’ decision to depict Morris this way is extremely concerning. First of all, to portray a woman as a doll is harmful in itself, given that women have worked for decades to overcome social expectations of both feminine submission and unrealistic beauty standards. But even more problematic, the photos of Morris as a “beat-up Barbie” also disturbingly glamorize domestic violence. Shields is selling prints on his website, personally gaining from making light of a widespread cultural problem.

Domestic violence is reality for too many women, and it isn’t at all fun, although Morris seems to be having a great time in the photos, posing playfully with the household appliance props despite the implication that someone, presumably her partner, has been violent toward her. Rita Smith, Executive Director for the National Coalition Against Domestic Violence, commented on the seriousness of the use of the iron and ironing board to set the scene in an E! News article. “I don’t know if Tyler is aware but I’m quite sure there are plenty of women who have been abused by these kinds of household appliances and children as well being hit with electrical cords,” she said.

Shields said in a Slate interview that he thought the photos were “cool,” and that his mother is a survivor of domestic violence herself and didn’t find them offensive. Although Shields’ mother may not have told him she was disturbed by them, survivors are often triggered by photos relating to domestic violence – and the teenagers who love Glee and follow Morris’s work closely are just as likely to have experienced DV as children or intimate partner violence in their own relationships. Creating art centered around domestic violence can be effective and helpful to the violence prevention movement if its greater purpose is to draw attention to the issue and inspire action.

With no greater purpose than to create a photo that looks “cool” and make money, Shields unfortunately misses an opportunity to shed light on the real problem of domestic violence and to reach young people who should be empowered to help stop it.  What do you think?  Is this photo shoot offensive or artsy and cool?  Leave us your thoughts.

 

Rates of DV Increase After Natural Disasters – How Can We Help? September 1, 2011

Despite a hefty $71 million price tag for damages to more than 1,100 homes and businesses, North Carolina was fortunately spared from the brunt of Hurricane Irene’s destruction. In comparison to other natural disasters, Irene was less harmful, although there were a reported 42 tragically related deaths in affected areas.

Advance warning may have contributed to the relatively low level of destruction from Irene. Americans all along the East Coast prepared for the storm, taping windows, stacking sandbags and boarding up storefronts. But strongly recognized precautionary measures, like filling a bathtub with water before a hurricane, aren’t the only concern for government agencies and community service providers in planning for disaster relief. Evidence has suggested that the prevalence of intimate partner violence, child abuse and sexual assault increases in the aftermath of a natural disaster.

The State Department reported that after the earthquake in Haiti, “Women’s rights groups and human rights organizations reported that domestic violence against women remained commonplace and under-reported. Police rarely arrested the perpetrators or investigated the incidents, and the victims sometimes suffered further harassment and reprisals from perpetrators, sometimes prompting secondary displacement of victims within IDP camps.”

In New Orleans after Hurricane Katrina, high rates of domestic violence and sexual assault were widely observed by disaster relief staff, although reporting rates were dramatically low because of survivors’ physical displacement from their jurisdictions.

Several aspects of the circumstances of the aftermath of a natural disaster contribute to increased risk for domestic violence and sexual assault. First, the collapse of a community’s infrastructure leaves some individuals, most often women and children, more vulnerable to assault. Separation from friends, family members and familiar resources increases this vulnerability, especially as most facilities require refugees to sleep among strangers, often in close quarters. Finally, the lack of organization and limited presence of law enforcement in some disaster relief shelters can create a sense of lawlessness among inhabitants.

While the United States was spared from massive destruction this week, preparation efforts for Hurricane Irene brought unique concerns to the forefront of public discussion. The provision of adequate resources for women and other vulnerable populations at risk for domestic violence and sexual assault must be prioritized by government relief agencies and local service providers. We can learn an important lesson from the unforgivable crimes observed during relief efforts for the natural disasters mentioned above – and we can use it to better develop our emergency response plans in the face of future storms.

Safety planning is important, whether for a natural disaster or leaving an abusive relationship.  Do you have your essentials ready if you needed to leave home suddenly?  What would you bring?  Leave us your thoughts.

IPV Resources: Back to School Edition August 26, 2011

With students back at the Hill and starting fall semester classes this week, our sleepy summer town is now buzzing with activity. Unfortunately, the beginning of the school year can mean an influx of incidences of interpersonal violence. College students are particularly affected by violence – the National Institute of Justice found that rape or attempted rape could affect as many as 25% of college women by the time they graduate. And around 13% of college women have been affected by stalking, although only 17% of these have reported it to the police.

There are many resources available on campus for survivors of abusive relationships, sexual assault and stalking. Some of these are described below, but for more details about UNC and community resources, check out the brand-new SAFE@UNC website, which combines all of the available information in one place. All resources listed below are available to all survivors, no matter their gender identity or sexual orientation, but if you are concerned about seeking help because of your identity, contact UNC’s LGBTQ Center for guidance.

If you are involved in an abusive relationship:

• If you have been physically assaulted, consider seeking medical attention at UNC Campus Health or UNC Hospitals, which houses Beacon, a program specifically for relationship violence survivors.
• Consider reporting any assault to the University through the Dean of Students office or to law enforcement. There are several types of reports available, depending on your comfort level and whether you want to press charges through Honor Court and/or the criminal justice system.
• If you have questions about your rights under the law, give us a call: 929-7122.  FVPC offers court accompaniment and advocacy for folks in an abusive relationship who are trying to negotiate the legal system or obtain a 50B- a Domestic Violence Protective Order.
• Seek counseling at UNC Counseling and Wellness Services. CWS accepts walk-ins Monday-Friday from 9 a.m.-12 p.m. and 1 p.m.-4 p.m.

If you have been sexually assaulted:

• If you have been sexually assaulted, consider seeking medical attention at UNC Campus Health or UNC Hospitals, which has a care program specifically for sexual assault survivors. You will be given the opportunity to undergo forensic testing for evidence, as well as STI testing and a course of preventive medication, the costs of which are covered for UNC students through the Victims’ Assistance Fund.
• Consider reporting any assault to the University through the Dean of Students office or to law enforcement. There are several types of reports available, depending on your comfort level and whether you want to press charges through Honor Court and/or the criminal justice system. If you have questions about the legal process, call the National Sexual Assault Hotline at 1-800-656-HOPE.
• Seek trauma counseling at UNC Counseling and Wellness Services. Also available is an open support group, Courage to Heal, for survivors to share their experiences on the journey to recovery.

If you are experiencing stalking:

• If you feel unsafe in your living environment, safe rooms are available for short-term stay through the Residential Housing and Education office. Talk to your RA or community director, or call the Dean of Students office at 919-966-4042 during business hours for more information.
• File a no-contact order through the University via the Dean of Students office.
• Seek counseling at UNC Counseling and Wellness Services.

If you are struggling with academics because of any of the previous circumstances, discuss your options with the Dean of Students office.

If you’re interested in becoming a more effective supporter for loved ones who are survivors of sexual assault, relationship violence and stalking, become a UNC HAVEN ally this fall! New training dates have just been announced, and you can register online. And becoming trained by the One Act program will empower you to prevent interpersonal violence in the first place.

Thanks for your efforts to help make the campus community a safer place for students, faculty and staff!

Dating Relationship Turned Deadly April 6, 2011

In 2009, Charlotte-Mecklenburg County Sheriffs arrested Gary Daniels for the murder of his girlfriend, Charney Watts. Although tragic, the incident outlines how dangerous abusive relationships can be, as well as potential warning signs of abuse.

In 2009, cheerleader and track star Charney Watt was shot to death inside her boyfriend’s home in Mecklenburg County, at the age of 18.

Understandably, family and friends of the victim were stunned at the attack, but even more shocking than the attack itself, was the identity of Watt’s alleged killer–her boyfriend Gary Daniels, age 18.  Daniels  is currently on trial for her murder.

But tragically, Watt’s death was not an isolated incident.  According to a 2007 study conducted by Charlotte-Mecklenburg Schools, about 11 percent of teens surveyed said they had been hit, slapped or hurt by a boyfriend or girlfriend in the past year.  And at the time of her death, Charney was already the second teen in three months to die in a domestic violence incident in Charlotte-Mecklenburg County.  But even beyond Charlotte-Mecklenburg, the number of incidents of partner related violence are staggering:

• Women ages 16-24 experience the highest per capita rates of intimate partner violence –almost 20 out of 1000 women. (DOJ special report: intimate partner violence 5/00)
• 1 in 5 high school girls has been physically or sexually abused by a partner. (http://jama.ama-assn.org/content/286/5/572.abstract)

What is not necessarily included in these statistics are conclusions about frequency of incidents.  Watt had secretly confided in a friend that her relationship with Daniels had become abusive, and that there had been  incidents of violence during the relationship. As with adults, teen victims of partner violence might not report abuse at all, whether out of fears that they will be discredited, judged, or disbelieved, or because of lingering feelings of affection and attachment towards their abusers.  But experts say the partner violence can be particularly hard to detect in adolescents, because teens worry more about the perceptions and judgments of parents and peers, in addition to the possibility of losing their relationship.

There are important warning signs for partner abuse that we can learn from this case, which can apply to domestic violence situations as a whole.  For example:

• At  Daniels’ trial, a Charlotte police officer testified that just two hours before Watt’s death, he had responded to the scene of an automobile accident in which Watt asked for him to retrieve her phone from Daniels, after it had allegedly been taken from her.  From a DV perspective, this is significant, because  one partner placing limitations on the other’s ability to communicate outside the relationship indicates an uneven balance of  power and control in that relationship. These controlling tactics are often used by abusive partners to limit their partners’ ability to reach out and ask for help, should a situation escalate.  This kind of control might begin subtly (having to explain phone conversations or “report” in contact with friends and acquaintances) , in order to assuage their partner’s jealousy.  And while these requests might seem innocent or “sweet” initially,when one partner is intimidated or made to feel fearful or guilty over the other’s requests/demands, something is not right.

• Another common “red flag” in this case were the overt threats of physical violence.  Prosecutors have said Daniels had threatened to kill Watt or himself if she ever dared leave him.  This is a common tactic (threats of harm to self or others) used by abusers to coerce compliance from their partners, and can be an indication of elevated lethality in a situation. Even if threats are geared toward the abuser himself/herself,  it can indicate a sign that the abuser no longer believes he or she has anything left to lose.

• Another important warning sign that we can all watch out for is lack of respect for authority.  During the trial, Officer Norman noted that during his brief encounter with Daniels, the accused was remarkably argumentative and verbally combative towards him.  Disregard for authority may indicate that such abusers are unlikely to consider the potential consequences for their actions, legal or otherwise. This is an important consideration, especially in violent situations, since it can indicate a level of desperation or pattern of poor impulse control/decision-making that can lead to escalating levels of violence and abuse.
  

Lastly, its important to reiterate that while the above indicators are warning signs, every relationship is unique.

FVPC offers a 24-hour crisis hotline for victims and others to get the information and resources they need to help victims of domestic violence stay safe. If you or someone you know are a victim of domestic violence, or would like more information about DV and how you can help, call our 24-hour hotline at (919) 929-7122, or visit our website at www.fvpcoc.org.

Update 4/6/11: Daniels has been sentenced to life in prison today for the death of Charney Watt.

http://www.newsobserver.com/2011/03/26/1081689/cheerleader-died-violently-witness.html?story_link=email_msg