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Advocate for Written Policies for Law Enforcement on Responding to Sexual Violence

What is the issue?

Law enforcement officers play a critical role in responding to cases of sexual violence.  They may be among the first people that a victim talks to after the assault, and the victim’s experience in that interaction may determine her or his decision to move forward on reporting the crime and cooperating with prosecution.  In addition, law enforcement officers are responsible for the collection of evidence, the victim interview, the follow-up investigation and the interrogation of the alleged offender.  Unless this duty is handled comprehensively, thoroughly and consistently, there is the risk that key evidence will be missed, tainted or lost, hampering prosecution of sexual offenses.

Due to the complexity, trauma, and potential physical injury involved in a sexual assault, a consistent and comprehensive law enforcement response is critical to a victim’s safety, health and well-being.  Clear knowledge and understanding of sexual assault will also assist in thorough and accurate evidence collection, assisting prosecution of alleged offenders.  However, Virginia does not require law enforcement agencies to have a written policy on responding to situations in which sexual violence has occurred.  As a result, law enforcement response to sexual violence is often inconsistent in different parts of the state and even, at times, within jurisdictions.

A recent survey by the Department of Criminal Justice Services (DCJS) showed that 49% of responding agencies did not have a written policy on responding to sexual violence situations.  This survey also demonstrated numerous inconsistencies across jurisdictions regarding such issues as use of polygraphs on victims and offenders, when and how Physical Evidence Recovery Kits (PERKs) are authorized, how often officers are trained on sexual violence issues, and collaboration with other agencies in responding to sexual offenses.

Legislation is already in place requiring written policies for responding to situations of domestic violence (§ 19.2-81.4).  The response to sexual violence should be held to the same standard.

What does VSDVAA want to do?

VSDVAA wants to work with the General Assembly and DCJS to enact legislation that would require law enforcement agencies to establish and implement written policies on responding to situations in which sexual violence has occurred.  This legislation would not require each law enforcement agency to establish the same policies and procedures, but it would require specific factors that each agency’s procedures must include.

What is our goal?

Sexual assault continues to be one of the most underreported crimes in Virginia and in the nation.  Enhancing law enforcement response and ensuring consistent and appropriate response within and across jurisdictions may increase a victim’s willingness to come forward and make a report.  Consistent and thorough evidence collection will also lead to increased prosecutions and convictions, and will ultimately lead to safer communities.

For more information, contact Jennifer Woolley at VSDVAA

434-979-9002      866-3-VSDVAA    jwoolley@vsdvalliance.org

reposted from the Action Alliance website:  http://www.vsdvalliance.org 

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New Protective Orders in Virginia

Starting July 1, 2011, Virginia has made some changes to its Protective Order Laws (HB 2063/SB 1222).  These changes were made to simplify the protective order process in Virginia; provide equal access to Protective Orders for victims of sexual assault, stalking, and dating violence; and to provide equal protections through court/law enforcement response to violations of protective orders for victims of sexual assault, stalking, and dating violence.   These changes are:

Changes to Family Abuse Protective Orders: The definition of Family Abuse has now been revised to specifically include stalking and sexual assault within the definition.  There have also been changes in the relief provisions.  The new definition of Family Abuse is:  “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury and that is committed by a person against such person’s family or household member.  Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (& 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury. 

Changes in Family Abuse EPO, PPO, PO-Relief Provisions:  prohibits acts of family abuse “or criminal offenses that result in injury to person or property.”  Additionally, prohibits such contacts “by the respondent with the petitioner or family or household members of the petitioner” as the court deems “necessary for the health and safety of such persons.”

Changes to Acts of Violence Protective Orders: acts of violence or “behaviors” will be same as that of the new definition of family abuse, added the elimination of warrant requirement, applies the Law Enforcement Response for violations: “Pro-Arrest” provisions, and the 34rd or subsequent violation = Class 6 Felony.

There are new definitions of Acts of Violence, Force or Threat: that states, “Acts of violence, force or threat” means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.  Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (&18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury.

Changes to Acts of Violence – Eligibility: deletion of references to specific acts, such as sexual battery, aggravated sexual batter, serious bodily injury, and stalking and replaced with references to “act of violence, force or threat” and the removal of warrant requirement.

Changes to Acts of Violence: EPO – Grounds.  Here Law Enforcement or the Victim asserts that there has been an *Act of violence, force or threat and on that assertion, the magistrate finds that there is probably danger of a further such act being committed by the Perpetrator against the alleged victim or a petition or warrant for the arrest of the Perpetrator has been issued for any criminal offense resulting form the commission of an act of violence, force, or threat. 

Changes to Acts of Violence: PPO-Grounds.  Here a petition alleging the petitioner is or has been subjected to an act of violence, force or threat or a petition or warrant for the arrest of the Perpetrator has been issued for any criminal offense resulting from the commission of an act of violence, force, or threat and may be issued ex parte upon good cause shown.  The immediate and present danger of any act of violence, force or threat or evidence sufficient to establish probably cause that an act of violence, force, or threat has recently occurred shall constitute good cause. 

Changes to Acts of Violence: PO-Grounds. Here, a petition, warrant or conviction for any criminal offense resulting from the commission of an act of violence, force or threat has been established and a hearing held pursuant to subsection D of &19.2-152.9 (PPO Statute). 

Acts of Violence EPO, PPOs, PO – Relief Provisions: prohibits acts of violence, force or threat or criminal offenses resulting in injury to persons or property; prohibit such contacts by the Perpetrator with the alleged victims or such victim’s family/household members as the judge/magistrate deems necessary to protect the safety of such persons and such other conditions as the judge/magistrate deems necessary to prevent (i) acts of violence, force or threat, (ii) criminal offense resulting in injury to person or property or (iii) communication or contact of any kind by the Perpetrator. 

Court/Law Enforcement Response to Violations of Acts of Violence Protective Orders: makes consistent misdemeanor and felony penalties for violations of Family Abuse Pos and violations of non-Family Abuse Pos.; pro-arrest measure of violations of Pos or &18.2-57.2 will be added to violations of Acts of Violence PO; Law enforcement may request an extension of an Acts of Violence EPO, not to exceed 3 days, for a victim who I physically or mentally incapable of filing a petition for a preliminary or permanent protective order.

This is a lot to take in!  So to Recap:  These changes creates one standard for getting protections for victims of family abuse and for victims of other acts of violence, including sexual assault, stalking, and dating violence.  It removes the criminal warrant requirement for the protective order issued by the General District Court, and adds enhanced penalties for violation of the protective order issued by the General District Court so that the penalties are the same as those for violating the Family Abuse Protective Order.  Additionally, it requires law enforcement to make an arrest for violation of a protective order issued by the General District Court (Pro-Arrest provision). 

If you need further information, please call the Virginia Sexual and Domestic Violence Action Alliance at 804-377-0335 and ask to speak to Gena Boyle.

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Lobby Day for Sexual and Domestic Violence Victims

Today is lobby day for our industry.  I’m heading down to the General Assembly to advocate.  I like doing  this every year.  The energy of everyone running around, trying to get appointments in, trying to meet people, trying to educate legislators and their staff on our issues.  This year it’s:

Protect funding for sexual and domestic violence services from further cuts.  In the past year, Virginia cut funding for sexual violence services by 5%, domestic violence services by 8%, and homlessness intervention services by 8%.  We need to protect and preserve these critical services.

2. Support: HB 2422 & SB 1364 – Expand access to Protective Orders for victims of dating violence, stalking, and sexual assault.  Address and name dating violence in the Code of Virginia and allow equal access to court-ordered protection for all victims of certain defined acts of violence and threatening behaviors, to prevent further acts of violence, trespass, or contact.

3.  Support: HB 1757 & SB 1199 – Extend the Address Confidentiality Program within the Office of the Attorney General to make it statewide.

4.  Oppose HB 1420, HB 1421, HB 1430, HB 1934 & HB 2332 – Oppose legislation that threatens acces to safety for any victim of sexual and domestic violence.  Oppose these house bills and preserve access to services for ALL victims of sexual and domestic violence in Virgnia, regardless of their immigration status.

Victims of sexual and domestic violence and their children must be able to access safety, including law enforcement, the courts and protections available through the Violence Against Women Act, without regard to their immigration status.

Support: HB 1476 & SB 1145 – extend limitations period for actions for sexual abuse committed during teh infancy or incapacity of the abused person from two years to 8 years from the time of removal from infancy or incapacity or from the time the cause of action otherwise occurs.

Support HB 1893 – Abduction; provides that any person who, without legal justification or excuse, recruits, entices, solicits, seizes, takes, transport, detains a child under 16 years of age, for the purpose of concubinage or prostitution, is guilty of a Class 2 felony, and that the person who assists or aids in such activity or threatens to do so is guilty of a Class 5 felony, and that the abduction of any person 16 years of age or older for the person of concubinage or prostitution is punishable as a Class 4 felony.  The bill also provides that any person who causes another person to engage in forces labor or services in violation of abduction laws is guilty of a Class 4 felony.

Support HB 1898 – Commercial Sex Acts with Minors; expands teh definition of abduction to include commercial sexual activity involving minors and for purposes of sexual activity with a minor to also include pornography and sexual performances.

Support HB 2440 – Provides for an affirmative defense to the crime of prostitution when the person arrested or charged was induced to engage in prostitution through the use of force, intimidation, or deception by another.  The bill also provides for the expungement of a prostitution charge when the person was induced to engage in prostitution through the use of force, intimidation, or deception by another.

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Stalking is a Crime in Virginia

Stalking is a crime.

In Virginia, stalking is defined as repeated conduct which places a person, or his or her family, in reasonable fear of death, sexual assault, or bodily injury.

The stalking law went into effect on July 1, 1992.

In 1998, the penalties associated with convictions were increased. A first conviction carries a penalty of not more than one year in jail and a $2,500 fine (Class 1 misdemeanor).  The penalty for a third or subsequent conviction within five years is not more than five years in prisonand a $2,500 fine (Class 6 felony).

Stalking is a unique crime, because stalkers are obsessed with controlling their victims’ actions and feelings. Stalkers will frequently threaten and harass, and in many instances will actually physically injure their victims. Stalking is a crime that can be committed against anyone, regardless of gender, race, sexual orientation, socioeconomic status, or geographic location.

Facts:

• 1.4 million people are stalked annually.

• Only one half of stalking cases are reported to authorities, and 25% receive a restraining order.•

1 in 20 women will be stalked in their lifetimes.

• 79% of women know their stalkers; 50% were in anintimate relationship with their stalker; 80% of theserelationships were abusive.

*Statistics supplied by the National Institute of Justice

CODE OF VIRGINIA18.2 – 60.3

STALKING PENALTY

A. Any person who on more than one occasion engages in conduct directed at another person with the intent to place, or with the knowledge that the conduct places, that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member shall be guilty of a Class 1 misdemeanor.

B. A third or subsequent conviction occurring within five years of a conviction for an offense under this section or for a similar offense under the law of any otherjurisdiction shall be a Class 6 felony.

C. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried. Evidence of any such conduct which occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under thissection provided that the prosecution is based upon conduct occurring within the Commonwealth.

The Code of Virginia also provides that:

•Upon conviction for stalking, the court must issue an order prohibiting contact between the defendant and the victim or the victim’s family or household member. (18.2-60.3D)

• The Department of Corrections, sheriff or regional jail director must notify, prior to release of an inmate, any victim of the offense who, in writing, requests notice,or any person designated in writing by the victim, provided the inmate was sentenced to a term of incarceration of at least forty-eight hours. The responsibleagency above must also give notice, if an inmate escapes. (18.2-60.3E)

• Persons subject to protective orders may not purchase or transport any firearms. (18.2-308.1:4)

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Virginia’s 2011 Legislative Action Day

Wednesday, January 26, 2011 – is Legislative Action Day.  Join the Virginia Sexual and Domestic Violence Action Alliance as they promote important legislative items during the General Assembly session.  

Please join with the Action Alliance and your local rape crisis and domestic violence centers to contact your local legislators about the issues below: 

1. Protect funding for sexual and domestic violence services from further cuts.  In the past year, Virginia cut funding for sexual violence services by 5%, domestic violence services by 8%, and homlessness intervention services by 8%.  We need to protect and preserve these critical services.

2. Expand access to Protective Orders for victims of dating violence, stalking, and sexual assault.  Address and name dating violence in the Code of Virginia and allow equal access to court-ordered protection for all victims of certain defined acts of violence and threatening behaviors, to prevent further acts of violence, trespass, or contact. 

3.  Extend the Address Confidentiality Program within the Office of the Attorney General to make it statewide.

4.  Preserve access to services for ALL victims of sexual and domestic violence in Virgnia, regardless of their immirgration status.  Victims of sexual and domestic violence and their children must be able to access safety, including law enforcement, the courts and protections availalbe through the Violence Against Women Act, without regard to their immigration status. 

If you have any questions, please contact Kristine Hall at khall@vsdvalliance.org  or Gena Boyle at gboyle@vsdvalliance.org  or call 804-377-0335.

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Governor Declares October Domestic Violence Awareness Month and Establishes Domestic Violence Prevention and Response Advisory Board

Panel Will Focus on Effort to Reduce Domestic and Sexual Violence, Improve Victim Services, and Hold Offenders Accountable
 
RICHMOND –Governor Bob McDonnell has declared October Domestic Violence Awareness Month in the Commonwealth, and issued Executive Order #25 establishing the Domestic Violence Prevention and Response Advisory Board.  The Board will advise the Governor on ways to prevent domestic violence, improve services to victims, and reduce the social stigma too often encountered by victims of domestic violence, encouraging previously silent victims to seek help. 
 
Speaking about the proclamation and the Advisory Board, Governor McDonnell noted, “As a prosecutor, legislator, and Attorney General, I witnessed first-hand the impact that domestic violence has on its victims, their families, and our communities.  That is why I made a campaign promise to create the Domestic Violence Prevention and Response Advisory Board to produce positive recommendations and engage in an ongoing dialogue in an effort to reduce domestic violence crimes in Virginia.  Recognizing October as Domestic Violence Awareness Month will also help draw attention to this important issue.  I will continue to do everything I can to ensure that Virginians remain safe and secure in their homes and neighborhoods.”
 
 
*Full texts of the Executive Order and Proclamation are below:
 
EXECUTIVE ORDER NUMBER TWENTY FIVE (2010)
 
ESTABLISHING THE DOMESTIC VIOLENCE PREVENTION AND RESPONSE ADVISORY BOARD
 
Importance of the Issue
 
            The preservation of peace in our communities and the protection of all citizens of the Commonwealth from violence are fundamental priorities of government. Unfortunately, every year thousands of Virginians suffer the indignity of domestic violence and experience emotional, physical, psychological and financial harm as a result of such crimes.  Victimization strikes people of all ages and abilities, as well as all economic, racial, and social backgrounds.  Furthermore, the physical and emotional trauma suffered by victims of domestic and sexual violence, often compounded by silence and stigma surrounding the crime, calls for special attention in our prevention and response efforts. 
 
            According to the Virginia Department of State Police, 4,487 forcible sex offenses, including rape, sodomy, and assault with an object, were reported in 2009 in jurisdictions throughout the Commonwealth. These acts of violence resulted in 4,779 victims. Tragically, over 61 percent of these victims were under the age of 17.
 
            Unfortunately, these numbers do not reflect the complete picture relating to acts of sexual and domestic violence in Virginia because many victims do not report the incident to law enforcement.
 
            Domestic and sexual violence impacts all segments of our society and is on the rise in certain areas.
 
            In April 2010, the U.S. Department of Education, the Federal Bureau of Investigation, and the U.S. Secret Service released a report indicating that the incidents of college campus violence have drastically increased in the past 20 years.  One in five women who attend college will be the victim of a sexual assault during her four years on campus.  The Commonwealth’s institutions of higher education, as demonstrated by recent events, are not immune from these acts of campus violence.
 
            To make Virginia’s citizens, families, and communities safe, it is appropriate that the Commonwealth dedicate resources to prevent, combat, and reduce domestic violence in Virginia.
 
Establishment of the Advisory Board
 
            While many localities have taken necessary steps to address domestic violence in their communities, public policymakers must continuously strive to improve the services and support for Virginia’s domestic violence victims and survivors. Statewide collaboration is essential in order to provide services to victims; to create programs aimed at preventing and responding to such tragedies; and to hold offenders accountable. 
 
            Accordingly, by virtue of the authority vested in me as Governor, under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to Section 2.2-134 of the Code of Virginia, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the Governor’s Domestic Violence Prevention and Response Advisory Board.  This Board will continue the dialogue with state and local agencies, as well as involve stakeholders, to make recommendations for changes to our laws, policies, and procedures to enhance Virginia’s response to domestic violence at all levels.
 
            This Advisory Board will promote ongoing collaboration among relevant state and local agencies, as well as private sector and community partners involved in domestic violence prevention, enforcement and response efforts.
 
Composition of the Advisory Board
 
            The Governor’s Domestic Violence Prevention and Response Advisory Board shall operate under the direction of the Secretary of Public Safety.  Recognizing that these efforts will require the work of individuals across a broad spectrum of professions and expertise, the Advisory Board shall consist of designees from the following agencies and organizations:
 
Office of the Attorney General;
Supreme Court of Virginia;
Commonwealth’s Attorneys’ Services Council;
Virginia Association of Commonwealth’s Attorneys;
Virginia Association of Chiefs of Police;
Virginia Sheriffs’ Association;
Virginia Department for the Aging;
Virginia Department of Behavioral Health and Developmental Services;
Virginia Department of Corrections;
Virginia Department of Criminal Justice Services;
Virginia Department of Education;
Virginia Department of Health;
Virginia Department of Housing and Community Development;
Virginia Department of Juvenile Justice;
Virginia Department of Social Services;
Virginia Department of State Police;
Virginia State Crime Commission;
Family and Children’s Trust Fund of Virginia;
Virginia Center on Aging;
Virginia Poverty Law Center;
Criminal Injuries Compensation Fund;
Virginia Sexual and Domestic Violence Action Alliance;
Virginia Association of Campus Law Enforcement Administrators, Inc.;
Virginia Coalition Against Campus Sexual Assault;
Virginia Chapter of the International Association of Forensic Nurses;
Virginia Network for Victims and Witnesses of Crime, Inc.; and
Representatives from the Virginia Senate and House of Delegates
 
Other members may be added at the discretion of the Secretary of Public Safety.
 
            Staff support to the Advisory Board shall be provided by the Office of the Governor, the Office of the Secretary of Public Safety, the Virginia Department of Criminal Justice Services, the Virginia Department of Social Services, and such other agencies as the Governor may designate.  All Cabinet Secretariats and executive branch agencies shall cooperate fully with the Advisory Board and render such assistance as may be requested.
 
Duties of the Advisory Board
 
            The Advisory Board’s responsibilities shall include the following:
 
·                     Assess means of improving services to children who have experienced, witnessed, or been exposed to the effects of domestic violence.
·                     Work in conjunction with the Virginia State Crime Commission and the Office of the Attorney General, to complete a comprehensive review of Virginia’s protective order laws and processes, and make recommendations for clarifying the protective order process and enhancing the enforcement of protective orders.
·                     Review the recommendations set forth in previous relevant reports and studies, and develop strategies for implementing sound recommendations from these sources. This assessment should include prioritizing initiatives, developing a timeline for achieving goals, and designating duties to accomplish the Advisory Board’s stated purpose of preventing and responding to domestic violence.
·                     Develop recommendations for enhancing services and community response to victims of domestic violence who are traditionally underserved.
·                     Investigate ways to make Virginia’s college campuses safer and reduce incidents of violence of all kinds.
·                     Make any other recommendations as may be appropriate.
·                     
            The Advisory Board shall submit to the Governor its findings and recommendations on matters potentially impacting the development of the Executive Budget no later than September 15, 2011.  The Board shall submit a final report of its activities, findings and recommendations no later than October 1, 2011.  Should the Advisory Board be extended beyond a year, this pattern of reporting shall continue for the duration of the Board.
 
            An estimated 200 hours of staff time will be required to support the work of the Commission.
 
            Necessary funding to support the Commission and its staff shall be provided from federal funds, private contributions, and state funds appropriated for the same purposes as the Advisory Board, as authorized by Section 2.2-135 of the Code of Virginia, as well as any other private sources of funding that may be identified.  Estimated direct costs for this Commission are $5,000.00 per year.
 
Effective Date of the Executive Order
 
            This Executive Order supersedes and rescinds Executive Order 93 (2009) issued on September 28, 2009, by Governor Timothy M. Kaine. This Executive Order shall become effective upon its signing and shall remain in full force and effect until one year from its signing, unless amended or rescinded by further executive order.
 
            Given under my hand and under the Seal of the Commonwealth of Virginia this 1st day of October, 2010.
 
 
 
                                                                                   
Robert F. McDonnell, Governor
 
 
 
DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, the crime of domestic violence violates an individual’s privacy and dignity, as well as their security and humanity, and whereas, these crimes involve the use of physical, emotional, sexual, psychological, and economic control and abuse; and
            WHEREAS, the problems of domestic violence are not confined to any group or groups of people, but cut across all segments of society; and
            WHEREAS, there were more than 63,000 calls to domestic and sexual violence hotlines across Virginia in 2009; and
            WHEREAS, more than 6,500 adults and children received almost 255,000 nights of emergency or temporary shelter due to domestic violence; and,
            WHEREAS, more than 62,000 emergency, preliminary, and final protective orders were issued by magistrates and courts across the Commonwealth; and
            WHEREAS, domestic violence agencies throughout Virginia provide vital services to victims, including crisis hotlines, emergency shelter, legal advocacy, intervention, and programs for children and teenagers; and
            WHEREAS, in addition to psychological and physical trauma caused by domestic violence, families and businesses across Virginia suffer serious economic loss due to medical expenses, police and court costs, shelters and foster care; and absenteeism; and
            WHEREAS, public officials and all citizens of the Commonwealth must continuously strive to improve the services and support for Virginia’s domestic violence victims and survivors; and
            WHEREAS, national surveys find that most Americans hold significant misperceptions about domestic violence, indicating a serious need to increase public awareness of such issues; and
            WHEREAS, during October, citizens of our Commonwealth are encouraged to remember domestic violence victims and their families, promote the programs and organizations that serve them, and participate in community awareness efforts;
            NOW, THEREFORE, I, Robert F. McDonnell, do hereby recognize October 2010 as DOMESTIC VIOLENCE AWARENESS MONTH in the COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of all our citizens.

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Letter to Attorney General Holder on National Standards to Prevent, Detect, and Respond to Prison Rape

Robert Hinchman

Senior Counsel

Office of Legal Policy

Department of Justice

950 Pennsylvania Avenue NW.

Room 4252

Washington, DC 20530

RE:      Docket No. OAG-131; AG Order No. 3143-2010

            National Standards to Prevent, Detect, and Respond to Prison Rape

Dear Attorney General Holder,

I am the Executive Director of the Rappahannock Council Against Sexual Assault.  We are a full service sexual assault response agency.  We also serve victims in local jails and prisons. 

On behalf of The Rappahannock Council Against Sexual Assault, I am submitting these comments in support of the recommended national standards developed by the National Prison Rape Elimination Commission. As volunteers and professionals working in the field of sexual violence, we believe that sexual abuse should never be tolerated and that, regardless of custody status or criminal history, anyone who is assaulted deserves proper support by a qualified service provider and a thorough investigation.

We applaud the U.S. Department of Justice’s commitment, as noted in the Advanced Notice of Proposed Rulemaking, to remove the current ban on Victims of Crime Act (VOCA) funding for treatment and rehabilitation services for incarcerated victims of sexual abuse. This funding restriction has prevented many community rape crisis centers from providing counseling to incarcerated survivors of sexual violence, despite their commitment to serving all victims.

Lifting the VOCA funding ban will be a positive step, but more is needed. The Commission’s recommended standards provide the best tool to date for corrections facilities to address sexual abuse. These base provisions are urgently needed, and should be promulgated as binding regulation without delay.

Response to the questions in the ANPR

  1. What would be the implications of referring to “sexual abuse” as opposed to “rape” in the Department’s consideration of the Commission’s proposed national standards?

 

Truly establishing a zero-tolerance standard for prison rape requires addressing the full spectrum of sexual violence. The national standards should take an expansive approach and incorporate all staff sexual misconduct and all coercive sexual activity between inmates. The term “rape,” however, is often understood to have a narrow definition in accordance with its use in criminal law. Using the widely recognized terminology of “sexual abuse” in the standards will minimize confusion with the criminal standard for rape — which varies by state — and will conform to the expectations and intent of PREA.

PREA’s definition of rape includes all of the conduct within the Commission’s definition of sexual abuse except for sexual harassment (inmate-on-inmate and staff-on-inmate), staff-on-inmate voyeurism, and staff-on-inmate indecent exposure. Sexual harassment, voyeurism, and indecent exposure create a hostile environment for both inmates and staff. These behaviors are also known precursors to sexual assault and should not be tolerated. Most importantly, addressing these forms of sexual misconduct will enable officials to prevent rapes from occurring. 

While the full spectrum of sexual abuse must be addressed as part of a comprehensive response to prison rape, consensual sexual activity between inmates should not be incorporated into the definition of sexual abuse. Corrections agencies remain free to establish disciplinary rules and regulations as they see fit, but conflating consensual sexual activity between inmates with the crimes of sexual assault and staff sexual misconduct serves no legitimate purpose and thwarts many of PREA’s goals. Indeed, doing so will force survivors of sexual abuse to suffer in silence, as fear that sexual abuse will be misconstrued as prohibited consensual sexual activity (and that they will face punishment) will prevent survivors from reporting their abuse and from seeking medical assistance. This disincentive to reporting will allow sexual violence to flourish – and will increase the vulnerability of many inmates, such as those who are gay or transgender, who are known to be at especially high risk for abuse but are often mistakenly assumed to have consented to any sexual activity.

2.   Would any of the Commission’s proposed standards impose ‘‘substantial additional costs’’?

The costs for implementing these standards are small compared to the devastating toll that sexual abuse takes on survivors, facilities, and the community. Incarcerated survivors of sexual abuse are at high-risk for developing long-term psychological problems, such as post-traumatic stress disorder (PTSD), depression, addiction, and suicidal ideation. The lack of control that inmates have over their environment exacerbates the challenges of recovering from sexual assault.  Prisoners who suffer multiple assaults and/or are under the long-term control of a perpetrator or group of perpetrators may develop Complex PTSD. Sexual abuse also often involves physical injuries and exposure to sexually transmitted infections, all of which are more prevalent in detention settings than in the community.

For the corrections agency, implementing the standards’ provisions will promote safety and efficiency, resulting in net savings in areas such as staffing and investigations. Proper crisis intervention, medical care, and mental health care at the outset will help identify medical and psychiatric conditions and ensure that they are treated in a proactive and cost-effective manner, resulting in substantial savings for inmate health care.

The vast majority of inmates will one day return to their communities – and bring their emotional trauma and medical conditions with them. Without proper care and services while they are incarcerated, positive reentry efforts may be thwarted. Prison rape survivors who do not receive adequate care are often unable to become self-sufficient members of society, because of their untreated trauma.

Beyond the economic impact, the moral costs of allowing sexual violence to continue must also be considered. Recent studies from the Bureau of Justice Statistics make clear that sexual violence is a serious problem across the country. Failing to put in place the basic measures recommended by the Commission to prevent and respond to this abuse is unconscionable. When the government removes someone’s liberty, it has the absolute responsibility to protect that person from abuse.

3.   Should the Department consider differentiating within any of the four categories of facilities for which the Commission proposed standards …?

Every person has the right to be free from sexual abuse, no matter where they are housed. The standards represent basic measures that all facilities must put in place to protect inmates from abuse and to ensure that those who are victimized receive appropriate care. Varying compliance requirements based on factors such as the size and resources of a facility will undermine the standards and will needlessly complicate their otherwise straightforward expectations.

Comments on the Standards

The Commission’s standards ensure that, where possible, victimized inmates are afforded the same quality of care as survivors in the community. The standards represent a compromise, balancing the fiscal and security interests of corrections administrators with the basic right of all people, including inmates, to be free from sexual abuse. Swift ratification of these provisions will spare thousands of men, women, and children the devastation of sexual abuse behind bars.

Prevention and Response Planning

Proper planning, through the development of sound policies and the collaboration with outside resources, is essential to improving health and safety in detention.  Adequate planning is also indicative of the strong leadership needed to address sexual violence in detention. The provisions in this section reflect the innovations and concerns raised by corrections leaders throughout the process as well as proven best practices from the community.

Standard PP-4 (limits to cross-gender viewing and searches) has been revised to substantially reduce its requirements, despite findings in each of the BJS inmate surveys that a significant percentage of sexual abuse in all types of corrections facilities is perpetrated by staff members of the opposite sex. Rather than limiting cross-gender supervision in any areas where inmates disrobe or perform bodily functions, the final recommended standard only prohibits actually viewing inmates of the opposite gender who are nude or performing bodily functions.

Many agencies already comply with PP-4’s preclusion of routine cross-gender viewing and searches in their women’s facilities. In light of the BJS data, which showed high percentages of abuse by female staff of male inmates, these protections are clearly needed in all facilities.

Limiting officers from viewing inmates of the opposite sex unclothed and from touching opposite sex inmates’ bodies during a search will also prevent re-victimization and related trauma. A significant number of inmates have suffered sexual abuse in the past, and the extreme loss of privacy that comes with cross-gender searches and supervision prevents them from retaining a sense of bodily integrity that is vital to healing. In addition to becoming targets for abuse, inmates who are re-victimized have trouble adjusting to prison life, often resulting in disciplinary problems and grievances. Therefore, beyond minimizing the opportunity for staff sexual misconduct, enacting the compromise measures reflected in PP-4 will prevent needless institutional problems and help promote a healthier inmate population.

Standard RP-1 (evidence protocol and forensic medical exams) relies upon the proven practice of uniform evidence collection, which will improve administrative and criminal investigations by maximizing the potential for obtaining usable physical evidence. The 2004 publication “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents” is the definitive source for how to conduct a proper medical forensic examination. To ensure that these exams are conducted with the most effective cooperation of the victim, they must be provided free of charge and include a victim advocate. Forensic examinations are critical to the investigation, but emotionally difficult and physically invasive to the victim. By providing clear information and unconditional support, victim advocates help secure the survivors’ full cooperation in the investigation while helping them begin the healing process.

Collaborating with outside experts is a no-cost way for facilities to enhance dramatically their relevant expertise. Standards RP-2 to RP-4 (agreements with outside public entities and service providers, law enforcement agencies, and prosecuting authority) encourage officials to take advantage of the expertise available in their community, by proactively reaching out to reporting entities, direct service providers, police, and prosecutors and defining the proper role for each of these professionals in the response to a sexual assault at the facility. Reflective of concerns that corrections officials raised to the Commission, facilities can meet this standard even without a formal memorandum of understanding, so long as they make a serious effort to reach out to these entities.

As service providers, we particularly support Standard RP-2 and are eager to establish these partnerships. Some corrections officials may fear that if outside counselors are allowed to speak confidentially with survivors, the officials will not know the full scope of what is happening in their institutions. To the contrary, just as in the community, survivors who feel safe and supported are much more likely to report the sexual abuse and are better prepared to fully cooperate with the investigation and prosecution.


Prevention

Preventing sexual abuse is at the heart of all PREA-related initiatives, and the training and classification provisions in the standards represent well-established means of doing so. Rather than imposing stringent curricula, Standards TR-1 through TR-5 (training and education) include basic information that can be incorporated into pre-existing staff training sessions and inmate orientation workshops.

Policies aimed at eliminating sexual abuse in detention become meaningful only if corrections staff, contractors, and volunteers are appropriately trained to take action to prevent and address incidents of sexual violence. Specialized training for investigators and medical and mental health staff (Standards TR-4, TR-5) is especially important to ensure that these professionals are able to fulfill their specific duties pertaining to the detection and response of sexual abuse, including proper evidence preservation, assessing signs of sexual abuse, and ensuring that victims are adequately protected from further abuse and receive appropriate health care.

Similarly, inmates must be aware of their absolute right to be free from sexual abuse, and that the facility will not tolerate sexually predatory treatment of inmates. The basic information required by Standard TR-3 will encourage inmates to report abuse when it occurs. Letting them know about common reactions to sexual abuse will also help normalize the reactions of prison rape survivors, further encouraging them to seek needed medical care and mental health assistance.   

Proper classification is vital to ensuring that potential predators and potential victims are not housed together. It can also help break the insidious and common corrections practice of automatically placing the victim in protective custody following an incident of sexual abuse. Such isolation further traumatizes victims and makes it impossible for them to begin the healing process. Standards SC-1 (screening for risk of victimization and abusiveness) and SC-2 (use of screening information) address these concerns, relying on the BJS data and academic research that have identified certain populations that are especially vulnerable to abuse.

Detection and Response

In the aftermath of a sexual assault, inmates need safe, effective reporting options that are responded to swiftly and thoroughly. The reactions of the first people who a survivor tells about sexual abuse often will dictate the survivor’s ability to participate in the investigation and begin his/her recovery. The ability to contact any trusted staff member and the creation of hotlines to outside entities have proven to be important mechanisms for encouraging reports. However, it is still far too common that officials fail to respond to reports of sexual abuse appropriately, such as by failing to initiate an investigation, refusing to provide protective measures, or by directly facilitating or participating in retaliatory behavior.

Trained advocates who can protect confidentiality are the best source of compassionate, skilled responses to sexual abuse survivors. Standard RE-3 (inmate access to outside confidential support services) will give inmates access to one of the most basic and proven mechanisms for an effective response: confidential emotional support services. Confidential counseling provides survivors with a safe and trusted way to discuss the sexual assaults, deal with their fears, develop appropriate coping skills, and understand that the abuse was not their fault.

As noted above (with Standard RP-2), confidential services improve a survivor’s ability to participate in an investigation of the assault. These services further enhance safety in the facility; a survivor who receives quality care with the support of a counselor is likely to tell other inmates about the experience and to encourage anyone experiencing sexual abuse to come forward.

Medical and mental health care are vital components of detecting and responding to sexual abuse. The minimal requirements of Standards MM-1 through MM-3 (screenings, access to emergency services, ongoing care) are a great start to ensuring that corrections health professionals are providing needed services. Standard MM-2 rightfully recognizes that services should be provided free of charge and not dependent on whether the survivor names the abuser. The importance of follow-up mental health and medical services, like those mandated by Standard MM-3, cannot be underestimated. The successful recovery of a survivor rests heavily on the post-abuse services he/she receives. Just as survivors in the community have access to follow-up medical services and counseling, so should survivors in custody.

Monitoring

Incident reviews and data collection (Standards DC-1 through DC-3) are important ways to learn about patterns of abuse within facilities and about the effectiveness of response measures. Such information will allow officials and others to improve their efforts and continually increase facility safety.

Likewise, external scrutiny is vitally important to the strength of any public institution – and corrections facilities are no exception. Sound oversight, conducted by a qualified independent entity, can identify systemic problems while offering effective solutions. Standard AU-1 (audit requirement) mandates the essential components of independent oversight in a cost-effective manner. Done properly, this outside monitoring will provide a credible, objective assessment of a facility’s safety, identifying problems that may be more readily apparent to an independent monitor than to an official working within a corrections system. It will also help hold systems accountable when they do not meet the requirements of the standards. 

Conclusion

Sexual violence in U.S. prisons and jails has reached crisis proportions. Strong standards are urgently needed to protect inmates from this devastating form of abuse. I strongly urge you to promulgate the Commission’s standards without delay. Every day that these critically important measures are not in place, men, women, and children will continue to be raped while in custody.

Thank you for your consideration.

Respectfully,

Carol Ann Olson

Executive Director

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Action Needed – Support Services for Victims of Violence

Earlier I posted a press release by the Virginia Sexual and Domestic Violence Action Alliance detailing the proposed budgets released by the House Appropriations Committee and the Senate Finance Committee.  There are significant differences between the House and Senate proposals and we need everyone’s help to bridge the gap and protect funding for domestic violence services.
The House Appropriations Committee is recommending a budget that includes significant cuts for domestic violence services (31%).
The Senate Finance Committee is recommending a budget that minimizes cuts for domestic violence services (7.5% ) and also includes an increase in the marriage license fee to $45 to provide funding for services to children and youth.
The Action Alliance is calling on its membership and supporting community members to ask our state Senators and Delegates to support an increase in the marriage license fee to preserve the opportunity to provide services to children and youth exposed to sexual and domestic violence without sacrificing services to adults victims of domestic violence services.

Each body will be voting on their respective budgets on Thursday, and then a conference committee will be appointed to try to resolve the differences and come up with one budget.
They need to hear from you that there is a revenue source in the Senate Budget to protect funding for domestic violence services.

Following are some steps that you can take:
1. Contact your state Senator:
  • Call your state Senator, express gratitude for the Senate Finance Committee’s support of domestic violence programs, and ask him/her to support the recommended budget of the Senate Finance Committee who worked hard to protect domestic violence program funding and supported the budget amendment for children’s services.
  • Send a personal letter (it can be brief) to your Senator immediately after your call to follow-up and reiterate in writing the need for them to support the Senate Finance Committee’s proposed budget and increase in the marriage license fee.
2. Contact your state Delegate
3. Contact anyone you know who is concerned about the safety of domestic violence survivors and their children, and ask them to also contact their Senators and their Delegates.

4. Contact your local domestic violence program and ask how you can support their action steps in your community.

5. After taking action, please let us know and share with us how it went by sending an email to dhaynes@vsdvalliance.org or making a post to the 1,000 Grandmothers Campaign on facebook at: http://www.facebook.com/pages/1000-Grandmothers-Campaign/275846239928?ref=mf
If you have any questions or concerns about this information, please free to contact the Action Alliance Co-Directors, Jeanine Beiber or Kristi VanAudenhove at directors@vsdvalliiance.org or 804-377-0335.
Thank you for your support!
Carol Olson, Governing Body Member and Executive Director of the Rappahannock Council Against Sexual Assault
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Press Release – VSDVAA

FOR IMMEDIATE RELEASE: February 18, 2010

Contact:  Kristi VanAudenhove, kvanaudenhove@vsdvalliance.org, 804/377-0335

 (Richmond, Virginia) On Wednesday,  Virginia Governor Bob McDonnell, proposed severe cuts to state domestic violence programs that will end services to thousands of Virginians whose  lives depend on the shelter and services these programs provide.   Governor McDonnell asked the General Assembly to cut more than $3.5 million in funding[1] that supports domestic violence shelters and services to victims and their children across the Commonwealth.  These cuts would be in addition to across the board cuts of 10% proposed in the Governor Kaine’s introduced budget.  If adopted, Governor McDonnell’s recommendations will bring the total cuts to 50% of state funding  – which translates to an average cut of $100,000 for each community Domestic Violence Program across the Commonwealth.

Kristi VanAudenhove and Jeanine Beiber, co-directors of the Virginia Sexual and Domestic Violence Action Alliance released the following statement in response to the Governor’s proposed cuts:

At a time when the need for domestic violence shelter and services is expanding, in part because of added economic stress on families, these programs should rank higher than rest stop convenience or overseas offices for state economic development bureaucrats. Domestic violence programs are a public safety issue and a “jobs” issue and they should be prioritized as such.

Speaking to members of the General Assembly just one month ago, Candy Phillips, Executive Director of the First Step domestic violence program in Harrisonburg said:  I implore you: please do not cut funding any further to domestic violence shelters in Virginia.  In the 15 years that I have worked at First Step I have never seen things this bad. Calls are increasing, our emergency shelter is staying full and we’re witnessing more severe acts of violence.

Individuals who cannot access shelter from violence or related services aren’t merely inconvenienced.  When asked “What would you have done if the shelter had not existed?” 22% of service recipients surveyed[2] indicated that they would have been homeless, 21% reported that they would have been compelled to return to their abusers and 10% believed that they would be dead at the hands of their abuser.

                Survey respondents said: 

 I would have been living in my car with an 18-month old worrying about my life.

I was close to ending my own life.  I felt safe here.

 Sarah Meacham, Executive Director of Avalon:  A Center for Women and Children, serving the greater Williamsburg area shared her response to these cuts:  A significant decrease in funding, like the one proposed by Governor McDonnell, will not only result in a loss of agency jobs and reduction in services available to victims who need it the most, it will force women and children to have nowhere to turn during the most difficult period in their lives.  We are experiencing a tremendous increase in demand for emergency shelter and supportive services—a 76% increase over last year alone. Our clients are real women with real children, not just budget items to be dropped.

In addition to compelling evidence that cuts to domestic violence jeopardize public safety, cuts to these programs are also a “jobs” issue.  There is a direct impact on Virginia’s economy when domestic violence services are unavailable; the inability to access services affects employee productivity, results in increased absenteeism and health care costs, and can impact the safety of workplaces.

Virginia’s long-term commitment to funding these programs is an important part of the Commonwealth’s commitment to public safety, an area the Governor protected from significant reductions.  Without the availability of shelter programs and other services, Virginia families and children face the prospect of lives in which they have no safe haven from violence, and law enforcement has no way to intervene to prevent violence before it results in injury or death. 

We urge member agencies of the Action Alliance and concerned citizens to contact their legislators as well as the Governor’s office to share their concern about this change of direction in Virginia’s commitment to public safety. 

We look forward to the opportunity to work with the Governor, with whom we have worked closely in the past as Attorney General and member of the House of Delegates, to find ways to continue to fund domestic violence programs in a manner that will alleviate the devastating  consequences that will result with the acceptance of this week’s proposals and accord these programs the budget priority they deserve.

The Virginia Sexual and Domestic Action Alliance is a not-for-profit agency representing 53 community domestic violence programs across the Commonwealth that annually provide services to more than 12,000 adults and 4,000 children.  For more information, visit the Action Alliance web-site: http://www.vsdvalliance.org.

[1] McDonnell proposes to eliminate funding that was first appropriated by the General Assembly in response to the fact that 1 out of 2 victims calling and requesting safe shelter could not be sheltered by Domestic Violence Programs because the agencies did not have space available.  The Assembly initially used federal funds to support a substantial increase in bed space—along with the crisis and support services necessary for victims and their children filling those beds.   Governor Kaine proposed replacing these federal funds with state funds – funds McDonnell now proposes to cut completely along with the needed services they provide.

 

[2] Virginia’s Domestic Violence Programs provide safety and support to thousands of victims of domestic violence each year.  In an effort to ensure quality services, in 2009 the Domestic Violence Programs implemented a statewide outcome evaluation effort supported by the Family Violence Prevention and Services office of the US Department of Health and Human Services.  697 individuals who have received shelter and services from Domestic Violence Programs have completed anonymous surveys evaluating those services.  It is a testament to the value of these services that 85% reported that as a result of the services they could live more safely.   In response to the question, “What would you have done if the shelter had not existed?” 22% indicated that they would have been homeless, 21% reported that they would have been compelled to return to their abusers and 10% believed that they would be dead at the hands of their abuser.

How you can help

There is still time to ACT to influence the outcome of the final budget.  Following are some steps that you can take:

  • Contact  Governor McDonnell and request that he restore $3.8 million to Virginia’s domestic violence programs as a public safety priority and to continue the commitment that he made to domestic violence programs as Attorney General and as a candidate for governor.  You can reach the Governor @ 804-786-2211.
  • Contact your state Senator and Delegate and request that they restore $3.8 million in the state’s budget to Virginia’s domestic violence programs.  If you do not know who your state Senator or Delegate is, go to: http://conview.state.va.us/whosmy.nsf/main?openform.  For Senator Capitol office phone numbers:  http://sov.state.va.us/SenatorDB.nsf/$$Viewtemplate+for+WMembershipHome?OpenForm

For Delegate Capitol office phone numbers: http://dela.state.va.us/dela/MemBios.nsf/MWebsiteTL?OpenView

  • Contact anyone you know who is concerned about the safety of domestic violence survivors and their children, and ask them to also contact Governor McDonnell, their Senators, and their Delegates.
  • Spread the word:  write a letter to the editor of your local paper or the Richmond Times Dispatch; post your concerns as well as these action steps on facebook, twitter, or your personal blog.
  • Contact your local domestic violence program and ask how you can support their action steps in your community.

If you have any questions or concerns about this information, please free to contact the Action Alliance Co-Directors, Jeanine Beiber or Kristi VanAudenhove at directors@vsdvalliiance.org or 804-377-0335. Thank you for your support! 

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