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Silent No Longer: Honoring Survivors and Victims of Domestic Violence

Join the Virginia Attorney General in honor of Domestic Violence Awareness Month

Silent No Longer: Honoring Survivors and Victims of Domestic Violence

You are invited to see the following: Exhibits open at 9:00 a.m.:

* Silent Witness Figures

* Beating Hearts Display

* Domestic Violence Quilts

Remarks by the Attorney General at 9:30 a.m.

Domestic Violence Survivor, Claire Hylton Sheppard

Video Overview of    Telling Amy’s Story

 And enjoy refreshments.

October 4, 2011

Office of the Attorney General, 900 East Main Street Auditorium, Richmond, Virginia 23219

Questions? Contact Melissa Roberson at (804) 692-0592, mdickert@oag.state.va.us

Get your Prevention ON: Introduction to Primary Prevention

September 23, 2011  9:00AM- 4:00PM
Women’s Resource Center of the New River Valley (1217 Grove Avenue Radford, VA 24141) will host an introduction to primary prevention.

Primary Prevention programs are focused on reducing or eliminating the first-time perpetration of sexual violence and intimate partner violence (SV/IPV).

For information and registration contact Jonathan at jyglesias@vsdvalliance.org or 804-377-0335.

“Behind the Make-up” a play about Domestic Violence

For three nights only the women of “Behind the Makeup” Monologues will uncover the ugly truth in a theater production designed to raise awareness about the issue of domestic violence. This play, written by Jewell Medley, a local of Halifax County, and was inspired by Jewel’s own experience with of domestic violence.  When Jewell was 15 her mother was murdered by her husband, and after killing her mother, he turned the gun on himself.

Performances will be Friday, Sept. 30, at 7 p.m., Saturday, Oct. 1, at 7 p.m. and Sunday, Oct. 2, at 3 p.m.

Tickets are available for purchase now at The Prizery box office (700 Bruce Street, South Boston, VA 24592) and they may also be purchased by phone at 434-572-8339 or online at http://www.prizery.com.

Tickets are $15 for adults and $12 for students and seniors.

Proceeds from this event benefit the Domestic Violence Program of Tri-County Community Action Agency, Inc.

Address Confidentiality Program

The Office of the Attorney General has extended the Address Confidentiality Program (ACP).  ACP is a confidential mail-forwarding service for domestic violence victims who have recently relocated to a location unknown to their abuser.

The goal of the ACP is to help domestic violence victims keep their new address confidential. The ACP is not retroactive and cannot provide absolute protection.  The ACP is only one piece of a victim’s overall safety plan.  Each ACP participant should seek counseling through a crisis center and shelter services for an overall safety plan.

To apply for participation in the ACP, the victim must complete an application through our local domestic violence program. Below is a brochure with more details.  http://www.oag.state.va.us/KEY_ISSUES/DOMESTIC_VIOLENCE/DV_Confidentiality_Program_Brochure.pdf

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.

Women and the Double Bind in Politics

Women and the politics of war
Tina Managhan writes in her essay “(M)others, Biopolitics, and the Gulf War” (2005) about the changing
viewpoint of women and their relationship with the military. This change is purported to be a change
from the “rationality of care” as proposed by Sara Ruddick (1990) that Managhan puts in opposition to
the military state. She talks extensively of how the engagement of women into the military enforced a
change in the mobilization of mothers from an organized and very vocal antinuclear movement to a
quiet subliminal whisper of tacit consent of military support that only “contributed to the
remilitarization of American culture....by participating in the war as soldiers and contributing to the
myth of a vital and unified national community” (pp. 208) While much stigma about women and the
roles that they were capable of kept women out of combat positions, women’s positions in both the
civilian and the military workforce in traditionally male positions increased during war time to keep the
economy going. Yet following the Gulf War (or inflated militarized political engagement), the answer to
the feminists’ request for equality in the military is answered at a time very convenient to garner the
support of women to what had become an embattled cause. Here in lies an example of the double-bind
women or any marginalized group faces when attempting to make gains for equality; the gain is often
given when the outcome will actually benefit the group in power the most and result in yet another
marginalization of the group. Managhan goes on to declare the institution of motherhood as just
another culturally regulated institution that is at the mercy of commercialism and politics as any other.
Motherhood and the Dilemma of Difference
DiQuinzio (2005) looks at the dilemma of motherhood through the lens of civic engagement and the
public sphere. While she too, examines the double-bind that women face in attempting to create
change, she posits that “women’s civic engagement is more likely to be accepted when it is based on
motherhood, since motherhood has long been seen as women’s distinctive and most appropriate role.”
(pp. 227). Here, she flips the predator/protector logic described by other writers examining the reality
of feminist gains as opposite to the dilemma of difference but again as a method of undermining the
progress of female autonomy. DiQuinzio appears to also adhere to the brand of double-bind that
highlights that every perceived gain is in fact a loss of freedom in another aspect. The reality of this
concept shines clearly on the progress of the anti-violence movement, giving breath to the same
concerns of one-step forward, two steps back. Like the Million Mom’s March, the anti-violence field
was started by women and has faced the same barriers to progress and the same double-binds that the
MMM faced. The dilemma of difference equally applies as women face being reduced to being
marginalized as either anti-feminine anti-nuclear family radicals or idiot females that use their status of
motherhood without clear logic to reduce males to being unfairly targeted as pedophiles and rapists.
The Dance of Progress toward Equality for Women
Dolan (2007) provides a nice explanation to the progress through history from the choices women’s
groups made in order to achieve any political and social gains toward equality. Dolan highlights from
the beginning how negotiations were processed to give but small parts of equality through a Sophie’s
Choice method. Her example is the Civil War and women’s work to support the abolition of slavery and
so was then offered the choice to make that gain over the same gain for women. This “Sophie’s Choice”
is still used to control growth, stymie progress, and subvert the equalization of all groups and genders
                                                                                                            2
Running Head: WOMEN AND THE DOUBLE BIND IN POLITICS
today. Again I relate it to the anti-violence field and working to create human rights to be free from
violence and sexual coercion against the same push to continue to accept the control of women, female
sexuality, and female reproduction as necessary for their protection. Bargaining invades the education,
response, prosecution, and policy of the sexually violent survivor. In today’s world, we continue to hear
that one gain toward equality in addressing the violence survivor is followed by yet another means to
reduce rights, subvert investigation, and detract from prosecution. A survivor’s right to seek
investigation and therefore prosecution is limited in time from the assault; yet the further one gets from
an assault, the easier it is to remember the incident with the calmness that allows for verbalizing the
narrative of the crime. Here, too, the progress of this field echoes the conclusion of the feminist
movement’s theory that “gender discrimination was pervasive in society rather than a consequence of
personal failings.” (Dolan, pp. 25)
As in the feminist movement toward equality in voting, employment, and education; the younger
generation of the anti-violence field moved from using political action to community building and
generating local activism toward smaller gains. This younger generation has come to ask for less than
their fore-bearers did and in smaller steps. While the former generation asked for radical change and
eventually achieved some radical growth (voting rights, the ability to own property, the beginnings of
job equality), the younger generation seems to weight the economics and safety of pursuing radical
growth. However, by taking this cautious, one step forward approach, we often have gains that result in
yet another means of subjugation, oppression, or marginalization.
Dolan’s brief history of women’s advocacy through time displays a nice accompaniment to the essays in
Meagher’s publication. Dolan also highlights how women advocate differently than men, how woman
initially approached advocating for rights through their role as mothers. This “civic motherhood”
became the torch for gaining social advances following the few political gains that were made in the first
wave of feminism. Managhan (2005) and DiQuinzio (2005) both show how the initial gains made
through this advocacy was in fact a double-edged sword of gain and loss.
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Running Head: WOMEN AND THE DOUBLE BIND IN POLITICS
References
DiQuinzio, P. (2005). Love and Reason in the Public Sphere: Maternalist Civic Engagement and
the dilemma of Difference. In Women and children first: Feminism, rhetoric, and public policy.
(pp. 227246). Albany, NY.: State University of New York Press.
Dolan, J., Deckman, M., & Swers, M. (2007) Women and politics. New Jersey: Pearson/Prentice
Hall.
Managhan, T. (2005). (M)others, Biopolitics, and the Gulf War. In Women and children first:
Feminism, rhetoric, and public policy. (pp. 205–225). Albany, NY.: State University of New
York Press.

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.

Help for Rape Victims in Cartagena, Columbia

Here in my travels, I’m stopping in Cartagena, Columbia.  I can only find information for rape victims on the Embassy website for American’s traveling (which is better than some embassy websites)  It’s wonderful that they put information on how to preserve evidence.

Here is info taken from the Bogota. Columbia Embassy website.

Special Information for Cases of Sexual Assault and Rape:

Physical evidence is very important in sexual assault cases, and can deteriorate as time passes.  As such, victims should not change clothes, avoid bathing if possible, and have a physical exam at the first opportunity.  You should take these steps even if you are unsure about whether to report the crime to police.  If you decide to pursue a prosecution at a later time, these steps preserve evidence that will assist the prosecutor.  A consular officer or after-hours duty officer from the U.S. Embassy may be able to accompany victims of sexual assault for the medical exam. You should get medical attention to determine if you have been injured in any way and to discuss treatment and prevention options for pregnancy and sexually transmitted diseases.  The U.S. Embassy can provide you with a list of local doctors.

In Colombia the legal definition of rape and sexual assault does not vary from region to region.  Rape and sexual assault are characterized as acts performed with the use of force, weapons and/or intimidation by the assailant.  It is often committed in isolated places, or when the assailants take advantage of the absence of surveillance and security measures. This may be a premeditated crime or crime of opportunity.  In many cases the assailant remains unknown. The law provides for sentences ranging from eight to 15 years of imprisonment for violent sexual assault.  For acts of spousal sexual violence, the law mandates sentences of six months to two years and denies probation or bail to offenders who disobey restraining orders.

Instituto de Medicina Legal y Ciencias Forenses (Forensic Institute)
Calle 7 A No. 12-61
Bogotá, Colombia
Tel. 4069977 – 4069944

Authorizes and performs forensic sexual assault exam in all cases of rape and sexual assault. The exam involves collection of blood samples, semen, or other substances, as well as a psychological and sociological evaluation. The victim may bring a family member or a witness to the exam, and a minor may be accompanied by a parent or guardian.  There is no fee for the exam, because it is required as a part of legal process.  If the victim refuses to take the exam, it may make a difference during the trial, as there will be no physical evidence for the legal process to consider. However, the medical exam is not necessary to file the charges. The victim can report the case to a Family Commissioner, Police or Unidad de Reacción Inmediata.  Afterwards, the case is forwarded to Unidad Especializada en Delitos Contra La Libertad Sexual y la Dignidad Humana. The victim is interviewed by Colombian judicial officials, a psychologist and an investigator. The laws within the Colombian Criminal Code protect the identity of a victim of sexual assault, and the media must comply with the law.

The rape crisis hotlines: (operators speak Spanish only)

Instituto Colombiano de Bienstar Familiar (ICBF) – 018000918080 – 24 hours
ICBF provides psycho-social, medical, and legal support to victims of sexual violence.

Centro de Atención Integral a Victimas de Delitos Sexuales
Diagonal 34 No. 5-18, Tel. 2880557, 2324011

Special Information for Cases of Domestic Violence:

Domestic violence is a crime under the Colombian Penal Code. The National Constitution sets the guidelines for implementing prevention, solution and punishment of violence within the family. Domestic violence, including spousal abuse, remains a serious problem in Colombia.  Judicial authorities may remove an abuser from the household and require counseling.  Prison time is possible if the abuser causes grave harm or the abuse is recurrent; however, provisions for fines are generally not applied.  The law stipulates that the government must provide victims of domestic violence with immediate protection from physical or psychological abuse.  The ICBF provides safe houses and counseling for victims, but its services are dwarfed by the magnitude of the problem.  In addition to fulfilling traditional family counseling functions, the ICBF family ombudsmen handle domestic violence cases.  The Human Rights Ombudsman’s Office conducts regional training workshops to promote the application of domestic violence statutes. If you need immediate assistance finding a place to stay the Embassy can also provide the names of hotels or a temporary shelter.

How can the victims obtain a restraining order?
Under Colombian law, every person, who is a victim of physical or psychological abuse, insult, offence or any other form of aggression within his/her family, can ask the family commissioner, the Civil Municipality or PROMISCUO Judge, for an immediate protective measure that helps to put an end to the violence or prevent its reoccurrence.  The request for a protective measure can be made personally by the victim, any other person that acts on his/her behalf, or by the family commissioner when the victim cannot do it, in writing or verbally .

The request for protection measures has to state the following clearly:

a) Name of requester and identity card number, if possible
b) Name of the victim
c) Name of the perpetrator and his/her address
d) Report of the facts
e) Request for necessary evidence

A commissary or judge upon receiving the petition will issue a restraining order within four hours.

“ASEDIO”- harassment or stalking in Colombia has a political connotation.  It is not considered to be a violent crime.

Point of contact to report domestic violence:

Local Police Stations

Instituto Colombiano de Bienestar Familiar 018000918080, 24 hours a day

The criminal report can be filed

  • at any URI
  • the Prosecutor’s Office
  • SAU or police officer and at the CAVIF located on Cra 13 # 18-38 First Floor in Bogota.

123 (equivalent of U.S. 911) in cases of security, fire, rescue, disasters, car accidents, public services emergencies (i.e. gas leaks, short circuits, etc), health emergencies, family violence

 

Highlighting Anti-Violence Agencies in Virginia: YWCA in Richmond, VA

ywca of richmond

Services for survivors of sexual and domestic violence in Richmond, VA are available through the YWCA of Richmond.  The YWCA has been serving and supporting women for over 100 years, since 1887. 

They provide services for victims of domestic violence – primary services are crisis intervention, education, advocacy, case management, safety planning, and counseling.  These services are offered to every client–both in residential (safehouse) and community programs.

They provide services for victims of sexual violence – free comprehensive crisis services for victims of sexual assault (over 12 years of age) and their families. The YWCA Sexual Violence Program is the only certified sexual violence program serving the Greater Richmond area.  These services include:  (a) individual and group counseling, (b) access to a 24-hour hotline, (c) 24-hour hospital accompaniment, (d) court accompaniment, (e) emergency shelter, if needed, and (f) referrals to other services, as needed.

The YWCA also has a Child Development Center – The YWCA Child Development Center’s purpose is to provide an environment that encourages social, emotional, physical, and intellectual growth and development of the child as a whole.

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