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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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Stalking: Know it, Name it, Stop it

January is National Stalking Awareness Month, a time to focus on a crime that affects

3.4 million victims a year.

1 This year’s theme—“Stalking: Know It. Name It. Stop It.”—challenges the nation to fight this dangerous crime by learning more about it.

Stalking is a crime in all 50 states and the District of Columbia, yet many victims and criminal justice professionals underestimate its seriousness and impact. In one of five cases, stalkers use weapons to harm or threaten victims,

2 and stalking is one of the significant risk factors for femicide (homicide of women) in abusive relationships.

3 Victims suffer anxiety, social dysfunction, and severe depression at much higher rates than the general population, and many lose time from work or have to move as a result of their victimization.

4Stalking is difficult to recognize, investigate, and prosecute. Unlike other crimes, stalking is not a single, easily identifiable crime but a series of acts, a course of conduct directed at a specific person that would cause that person fear. Stalking may take many forms, such as assaults, threats, vandalism, burglary, or animal abuse, as well as unwanted cards, calls, gifts, or visits. One in four victims reports that the stalker uses technology, such as computers, global positioning system devices, or hidden cameras, to track the victim’s daily activities.

5 Stalkers fit no standard psychological profile, and many stalkers follow their victims from one jurisdiction to another, making it difficult for authorities to investigate and prosecute their crimes.

Communities that understand stalking, however, can support victims and combat the crime.

If more people learn to recognize stalking, we have a better chance to protect victims and prevent tragedies.

Your local rape crisis or domestic violence center can offer information, resources, or help.

For additional resources to help promote National Stalking Awareness Month, please visit http://stalkingawarenessmonth.org  and www.ovw.usdoj.gov 

1 Baum et al.,

Stalking Victimization in the United States

, Washington, DC: U.S. Department of Justice, Office of Justice Programs,

Bureau of Justice Statistics, 2009, http://www.ojp.usdoj.gov/bjs/pub/pdf/svus.pdf (accessed September 29, 2009).

2 Ibid.

3 Jacquelyn C. Campbell et al., “Risk Factors for Femicide in Abusive Relationships: Results from a Multi-site Case Control Study,”

American Journal of Public Health

93 (2003): 7.

4 Ibid.

5 Baum,

Stalking Victimization in the United States.

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Welcome new stand alone Rape Crisis Center in Virginia

Here is a re-post from the Roanoke Times

ROANOKE SEXUAL ASSAULT CRISIS CENTER NOW ON ITS OWN FOOTING

Sarah Bruyn Jones, Roanoke Times

October 29, 2011

The Roanoke area’s sexual assault crisis center is now an independent nonprofit, as it seeks to maintain its long-standing presence in the community.

The Sexual Assault Response & Awareness program, or SARA, operated out of Blue Ridge Behavioral Healthcare until July 1, when it separated from the agency. On Friday the organization held an open house and silent auction at its new offices at 3034 Brambleton Ave. S.W. in Roanoke.

The process toward separation began in the fall of 2009, when Blue Ridge said it could no longer subsidize the administrative costs for running SARA.

Blue Ridge sought to find another administrative home for the group, but by this year, it had become clear that SARA would have to stand on its own, said Teresa Berry, who has worked for the program for a quarter-century and is now the executive director of the newly formed nonprofit.

The new organization incorporated with the state in March as Sexual Assault Response & Awareness Inc.

By May, SARA had successfully filed with the Internal Revenue Service for nonprofit status.

SARA, which provides free support services to sexual assault victims including counseling and accompaniment to court hearings, continues to operate with grants from the Virginia Department of Criminal Justice Services, Berry said. SARA gets about $165,000 annually from three DCJS grants, she said.

But that doesn’t cover general fund expenses, including legal fees and other startup costs, she said. To cover those expenses, Berry has put in about $8,000 of her own money and received another $6,000 from donors.

Friday’s open house was intended, in part, to kick off some needed fundraising. Berry said she would like to add three more people to her staff, which currently includes herself and one other person.

SARA serves about 350 victims a year and has recently seen an increase in need, particularly among young adults and teenagers, she said.

“We need to be doing more education,” she said.

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Sexual Violence and the Deaf Survivor

 Sexual assault victims who are deaf face higher rates of assault as well as have unique issues not encountered by the hearing. 

Arva Priola, Outreach Coordinator at the disAbility Resource Center in Fredericksburg reports that deaf women have a 10% higher rate of assault than hearing women.  And according to a recent study funded by the National Institute of Justice. Researcher Jennifer Obinna and colleagues at the Minneapolis Council on Crime and Justice found that, “Deaf people face specific barriers. It’s important to distinguish their experiences as sexual assault victims from other sexual assault victims.”

Obinna’s research found that when deaf people report sexual assault, they encounter stereotypes about being a sexual assault victim and being deaf.  It is well documented that survivors of sexually violent crimes report feelings of guilt and embarrassment because of the social stigma frequently attached to rape. The small and close-knit deaf community can contribute to hesitancy in reporting and the need to involve more people for interpretation and communication. 

The closeness of the deaf community can compromise a victim’s anonymity and erode privacy. In addition, as Obinna’s research found, many deaf victims of sexual assault perceive a lack of support within the deaf community, particularly if the perpetrator is also deaf. Consequently, deaf victims can experience a profound sense of isolation.

An additional barrier specific to the deaf community to reporting can be a lack of awareness about deafness and deaf culture among hearing people and lack of resources within sexual assault centers.  This lack of recognizing deaf culture as a defined entity rather than a deficit contributes to centers and the community not focusing on developing appropriate programs and adequate response to victims of crime.   “Part of being in the deaf community is deaf culture,” Priola says.  “We can’t always make assumptions about how a particular culture experiences violence. Even though the experience and many of the reactions are similar, there are cultural differences that service providers and law enforcement must pay attention to. Making decisions about who to tell—or even whether to tell—is all filtered through a cultural lens.”

Many deaf victims may be reluctant to reach out to agencies that serve sexual assault victims because most of the providers are hearing and do not have systems for effectively communicating with deaf people. For example, deaf sexual assault victims cannot count on service agencies having access to a TTY (teletypewriter), much less a staff member who knows how to operate it. Even if a social service or law enforcement agency has an interpreter, deaf victims, like hearing victims, may be reluctant to divulge intimate details to yet another stranger.  Some deaf victims of sexual assault also believe they cannot rely on interpreters to accurately represent their words and experiences. Service agencies that do not have qualified interpreters on site often use the victim’s family or friends to assist in interviews, which can further inhibit a sexual assault victim’s candor.

Today there are many more ways for the deaf community to communicate with the hearing community such as assistive listening devices, computer assisted real time transcription, interpreters, Virginia Relay, Voice Carry Over, Hearing Carry Over, IP Relay through your computer, chat rooms, video relay and texting.  For more information on how to communicate serve the Deaf Community, contact your local disAbility Resource Center. 

 If you know someone who has been sexually assaulted or abused, please contact the Rappahannock Council Against Sexual Assault 540-371-1666

 

Obinna, J., S. Krueger, C. Osterbaan, J.M. Sadusky, and W. DeVore, Understanding the Needs of the Victims of Sexual Assault in the Deaf Community, final report submitted to the National Institute of Justice, February 2006. www.ncjrs.gov/pdffiles1/nij/grants/212867.pdf

 Priola, A., Undertanding Communication for People with Hearing Loss. The Disability Resource Center. 2011.

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Vice President Biden’s Initiative: Apps Against Abuse

Apps Against Abuse

The challenge: Vice President Biden and Secretary Sebelius are honored to announce a challenge that encourages the development of applications that provide college students and young adults with the tools to help prevent dating violence and sexual assault.

The application envisioned will offer individuals a way to connect with trusted friends in real-time to prevent abuse or violence from occurring. While the application will serve a social function of helping people stay in touch with their friends, it will also allow friends to keep track of each other’s whereabouts and check in frequently to avoid being isolated in vulnerable circumstances.

For more information go to:http://challenge.gov/HHS/199-apps-against-abuse

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The Continuum of Sexual Abuse

Many people ask what are the definitions of sexual violence/abuse.  Today’s column focuses on identifying what is sexual abuse/violence, rape, and coercion.

The Continuum of Sexual Abuse

Abuse of Sexuality is harassment that occurs when somebody does not conform to traditional gender stereotypes or being punished through the use of sex.

Witness Activity is showing a child pornographic materials and unwanted exposure to one or more other people engaging in sexual behavior.

Advances/Seduction is unwanted sexual advances and situations in which seductive dynamics are disguised or confusing.

Coercion is being pressured into participating in unwanted sexual activity.

Physical manipulation is placing a child’s hand on another person’s genitals or other body location(s) that stimulate a response and touching a child’s genitals or other body locations.

Sexual Invasion(coerced or forced) is the insertion or penetration of any orifice of a child’s body with a penis, finger, or an object of any sort and may involve the use of weapons, alcohol, drugs, etc.

Institutionally sanctioned sexual contact is the overt or covert sexual contact by anyone representing or perceived to be representing an institution, this may include agencies that are caretaking, religious, recreational, educational, etc.

This list was supplied by Jim Struve, LCSW at the National Sexual Assault Forum being held this week in Alexandria, Virginia

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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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Still this goes on… sexual violence as an accepted expression of power

Sex, Lies, Arrogance: What Makes Powerful Men Behave So Badly?

I find the quote by Anne Sinclair  that she was “rather proud” of  Dominique Strauss-Kahn’s reputation as a ladies’ man, and that “It’s important  for a man in politics to be able to seduce, “ disappointing but not unusual.  We still have such a double-standard as to the sexual and power behavior between men and women.   Maybe now though, there have been enough cases, or enough growth culturally and politically for the debate over sex, law, power and privilege to have real meaning in our global discourse of gender equality and violence.  Will now, these aggressive displays of power over women, finally act as a derailment to the rise in power instead of an enhancement?

Is it fast enough?  Some recent men:  Tiger Woods, managed to actually turn his behavior into sympathy; Charlie Sheen tried t turn his behavior into a crusade and when he finally did get negative feedback, his abuse of women was ignored.  Then Strauss-Kahn, whose behavior is minimized because he is such a powerful figure, who’s supporters turn to that old tried and true tactic of vilifying the victim, and who can afford the creation of the best spin is yet another male speaking out of one side of his mouth while grabbing the ass of a marginalized individual while no one is looking.

Are we so seduced by power still, that we overlook the sins of those we aspire to be?  Do we still not hold accountable those who are stars?  And is it that they take such power or that we continue to give it to them?  And are we finally starting to realize all that we lose by being blinded by power?  Or is it a deeper issue that we, in society, so want to be the star, to have such privilege that we overlook such sins because we cannot admit our duplicity or our own potential for such behavior?

Kudos to the authors of the article who write “More often than not, the women involved weigh the stakes and decide to be silent, judging that the burden of proof is high and that they have little to gain and so much to lose. It’s no coincidence that when events like this happen, women come out of the shadows to add their testimony; they figure the odds have improved enough that they just might be believed.”  So true this statement of why survivors, particularly survivors from a marginalized demographic behave the way they do in regards to sexual assault.  And why the powerful take advantage of that dynamic.

Who is at more risk are our youth and the lessons they learn.  We are trying now to educate our youth and our male youth to see women as equals with an equitable stake in our community.  Will they learn that all lessons can be forgotten when they achieve power?

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Anti-Violence Advocate – Give your time and join a caucus

Are you interested in working to end sexual and domestic violence?  If you are not interested in joining the board of a local agency, committee work is just as needed and a very creative way be involved.  The Virginia Sexual and Domestic Violence Action Alliance has many task forces, caucuses and committees to join for your particular interest related to anti-violence work, many that meet around the state to make it easier for people all over Virginia to get involved.   Below is a list hosted by the Action Alliance with contact information.  Give us a call and join us to help end violence in our communities.


Task Forces, Caucuses & Committee Meetings

Child Advocacy Task Force-next meeting 3/11/2011 Charlottesville

For more information contact: Arlene Vassell-Richards avassell-richards@vsdvalliance.org

Wild Women of Wisdom Task Force-

For more information contact: Walker Thornton walkerthornton@comcast.net

South West Task Force

For more information contact: Rose Leone rleone@vsdvalliance.org

Northern Virginia Task Force-next meeting 3/15/2011 Alexandria

For more information contact: Kathleen Kelmelis kathleen.kelmelis@fairfaxcounty.gov

Women of Color Caucus

For more information contact: Cathy Coleman or Tishaun Harris-Ugworji cmaxfield@vsdvalliance.org tishaun.harrisugworji@dss.virginia.gov

Queer Caucus-next meeting 5/19/2011 at the membership meeting location TBD

For more information contact:  Rachel Smith avp.rsmith@gmail.com

Survivor Caucus For more information contact: Barbara Shine

survivorcaucus@gmail.com www.freewebs.com/survivorcaucus

Training Institute Committee

For more information contact Quillan Drew qdrew@vsdvalliance.org

Principles and Process Committee-next meeting 5/26/2011 Richmond 12pm

For more information contact: Jeanine Beiber jbeiber@vsdvalliance.org

Leadership Development Committee-

For more information contact: Jeanine Beiber jbeiber@vsdvalliance.org

Public Policy Committee

For more information contact: Kristine Hall  khall@vsdvalliance.org Gena Boyle gboyle@vsdvalliance.org

Accreditation Committee

For more information contact: Linda Winston lwinston@vsdvalliance.org Darlene Ward dward@alliance.org

Coalition Development Committee

For more information contact Megan Wood mwood@vsdvalliance.org

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