Statewide Comprehensive IPV Training DAY 4

This Statewide Comprehensive Training provides professionals with in-depth information about working in the field of domestic violence. The training emphasizes victim safety, victim empowerment, abuser accountability, and a comprehensive system’s response to intimate partner violence. MNADV emphasizes partnering with local domestic violence programs and utilizes local experts to present throughout the training. MNADV developed this training for professionals from a variety of different fields who encounter domestic violence in their work.

Transcript

1. MNADV’s 5-Day Comprehensive Intimate Partner Violence Training Day 4: Civil & Legal Remedies; Vicarious Trauma and Stalking
2. Meet the Team Angel Campbell Darrell Holly K-Tony Korol Evans Lucane LaFortune Jenn Pollitt Hill Melanie Shapiro Training & LAP Administrator Statewide Trainer Deputy Director Interim Executive Policy Director Technical Assistant Director
3. Housekeeping • Certificates and CEUs • Cancellations • Attendance • Accessing Materials • All attendees will be MUTED except during breakout sessions. • Use the chat box to ask questions or engage in dialogue • Evaluations
4. TOPIC Review/Debrief of Day 3 Confidentiality/Mandatory Reporting BREAK Criminal Legal System Civil Legal Remedies BREAK Immigration LUNCH Dating Violence Reproductive Coercion BREAK Stalking *update laws BREAK Technology *update laws Self-Care Evaluations
5. Our Workshop Agreements • Active listening • Be open • Be present: silence that internal chatter • Push through growing edge • Respectfully challenge each other • Continue to have these conversations • Remember why we’re all here
6. Day 3 Reflections • What were your overall thoughts on the day? • What did you learn? • What surprised you? • What do you want to learn more about? • How will you do your work differently?
7. Confidentiality Protecting Survivors’ Information
8. Privacy, Confidentiality, Privilege . The Confidentiality Institute Privilege Governed by specific laws Confidentiality Required by VAWA and FVSPA Privacy The survivor decides with whom they share what information
9. Why is privacy/confidentiality/privilege so important to survivors of domestic violence?
10. VAWA 2013 and FVPSA 2010 • Violence Against Women Act (VAWA) and the Family Violence Prevention Services Act (FVPSA) • Both state that grantees “shall protect the confidentiality and privacy of persons receiving services”. • applies to all grantees and subgrantees
11. “No Disclosure Rule” • Advocate “shall not disclose, reveal, or release” any Personally Identifying Information or Individual Information (VAWA only) that was collected through services that were • requested, • utilized, or • denied • Advocate will protect the survivor’s right to decide who knows their information • Advocate doesn’t decide to disclose, what to disclose, or to whom. • The survivor can instruct the advocate to disclose.
12. Rules for Releasing Information Any Release of Survivor Information Must Be: 1. Informed 2. Written 3. Reasonably Time-Limited Should Be: ➢Survivor Centered ➢Specific
13. Sharing Information The Confidentiality Institute Police Board Members Auditors Other Programs Task Force Allies Funders Can share information within your program if the purpose of sharing the information is intended to achieve the survivor’s goal.
14. Releases from other organizations VAWA and FVPSA cover domestic violence programs • To release any information to any other program, VAWA/FVPSA regulations apply every time. • Amount of confidentiality assured (in ascending order): • Law enforcement • Social service program (non-DV) • DSS • Child Advocacy Center • HIPPA • VAWA/FVPSA • Attorney/client privilege • Court Orders signed by a judge and with no motion to quash or appeal
15. Collaboration and Communication • Explaining VAWA to partners who are not covered under VAWA • Asking for information from partners who are covered under VAWA “I’m not covered under VAWA. Why do I need to know about VAWA confidentiality?”
16. Written •Written and signed every time •No verbal releases •Be creative The Confidentiality Institute
17. Informed Survivor describes: •what to disclose •how to disclose it •and to whom it is disclosed The Confidentiality Institute
18. Reasonably Time-limited • “Reasonable” is the amount of time it will take for the professional to reasonably share the information with the person to whom the survivor has allowed you to share it with. • No pre-written release time limits The Confidentiality Institute
19. Mandatory Reporting in Maryland When to report • Child Abuse (CPS) • Includes Trafficking of minors even without a trafficker • Abuse of Vulnerable Adults (APS) • Mental health clinicians have a “duty to warn” for suicide and homicide • Health care professionals must report gunshot wounds When NOT to report • Intimate Partner Sexual Assault • Domestic violence involving non- vulnerable adults • Teen Dating Violence Exceptions: • victim is under the age of 12 or • abusive partner is more than 4 years older than victim or • partner is in authority position
20. Be creative! How can the survivor share their own information instead of involving your agency?
21. Collecting Information from Survivors Intake, Demographics, Trauma History, etc.
22. Intake • Ask the questions: ➢What information am I collecting? ➢Why am I collecting it? ➢Do I really need it? ➢Whose needs are being met with asking these questions/getting this information? ➢What are the risks to obtaining this information? ➢What will happen if this information leaves this program? ➢Does the survivor have a choice in answering the questions? The Confidentiality Institute
23. Retention and disposal of records • Best practice: Keep the minimum amount of information for the minimum amount of time necessary. • Assess benefits vs. risks of keeping information • Purge! • How do you destroy paper files? • Delete is not destroy for electronic files. • Explain to survivors that you may ask for information again in the future because you keep data only for _______. • Safety plan with survivors about where they can keep additional records (copies of ID, applications, etc.) since you will not have a copy after a certain period of time. The Confidentiality Institute
24. Subpoenas for Information You Have Been Subpoenaed…Now What?! Stay Calm – a subpoena is not a court order and while you must respond, you can attempt to quash it. ➢Call your supervisor ➢Call the person who requested the subpoena ➢Call a lawyer for your program The Confidentiality Institute
25. Protecting the survivor’s privacy protects the agency If you don’t get it, You don’t got it, So you can’t give it to someone else
26. Additional Resources NNEDV.org/tools has: • FAQ’s • Templates • Tipsheets • Charts • Appendices with links to the law For further information: • safetynet@nnedv.org
27. Break
28. Domestic Violence & the Criminal Justice System
31. Civil Court or Criminal Court or Non-Legal Options
32. Domestically Related Crimes Maryland Does Not Have Criminal Offenses Specific To Domestic Violence Maryland Does Have A Specific Designation For “DOMESTICALLY RELATED CRIMES” Criminal Procedure § 6-233 • If eligible for a protective order – Family Law § 4-501 definitions • If defendant is convicted or receives a PBJ • If requested by State’s Attorney • If the state proves by a preponderance of the evidence • Designation shall become part of the court record for purposes of reporting to the Criminal Justice Information System Central Repository
33. Criminal Law Criminal Law Title 3: Crimes Against the Person Subtitle 2: Assault, Reckless Endangerment, and Related Crimes • § 3-202. Assault in the first degree (felony) • § 3-203. Assault in the second degree (misdemeanor)
34. Assault 2nd Degree § 3-203. Assault in the second degree (misdemeanor) 1. Defendant caused offensive physical contact with, or harm to, the victim 2. The contact was the result of an intentional or reckless act 3. The contact was not consented to or was not legally justified 4. Punishable by up to 10 years imprisonment, fine not exceeding $2,500 or both.
35. Assault 2nd Degree § 3-203. Assault in the second degree (misdemeanor) Three types of common law assault: 1. Intent to Frighten 2. Attempted Battery 3. Battery
36. Assault 1st Degree § 3-202. Assault in the first degree (felony) • A person may not intentionally cause or attempt to cause serious physical injury to another • A person may not commit an assault with a firearm • A person may not commit an assault by intentionally strangling another • Penalty - imprisonment not exceeding 25 years
37. Warrantless Arrest Criminal Procedure §2–202 Police may not arrest for a misdemeanor that occurs outside the presence of an officer. Except: 1. Misdemeanor or Felony in the presence of an officer 2. Misdemeanor or Felony that the officer has probable cause to believe is being committed in their presence or view 3. Felony that has been committed or attempted if there is probable cause regardless of whether in presence or view of officer
38. Warrantless Arrest for Domestic Abuse – Criminal Procedure §2–204 May arrest without a warrant if: 1. There is probable cause to believe that: • battery of a spouse or person with whom the person resides; and • there is evidence of physical injury; and • unless the person is arrested immediately, the person: ➢ may not be apprehended; ➢ may cause physical injury or property damage to another; or ➢ may tamper with, dispose of, or destroy evidence; and 2. A report to the police was made within 48 hours of the alleged incident.
39. Family Law §4-511 Removal of Firearms In general, responding to the scene of an alleged act of domestic violence, an officer may remove a firearm if: • They have probable cause to believe an act of DV has occurred AND • The officer has observed the firearm on the scene during the response
40. Stalking: Criminal Law §3-802 The defendant engaged in a malicious course of conduct: 1. Where the person intended to or knew or should have known that the course of conduct would place the victim in reasonable fear that the victim would be seriously injured, assaulted, raped, sexually assaulted, falsely imprisoned, or killed; or 2. The person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another.
41. Reporting a Crime ❖ Call the police/911 ❖ Go to a police station and report the crime ❖ File a Criminal Complaint in District Court of Maryland
42. Filing a Criminal Complaint in District Court Fill out an Application for Statement of Charges ▪ Who – your contact information and identify the person you are accusing of committing a crime. ▪ Description – describe the person you are accusing ▪ When – time, day, month, year of the offense ▪ Where – location offense happened ▪ What – with as much detail as possible, describe exactly what happened ▪ Why – provide any facts that may show intent ▪ How – explain how the offense was committed
43. Filing a Criminal Complaint with a District Court Commissioner ❖ Reviewed by a commissioner to determine if there is probable cause ❖ Can find no probable cause ❖ Can issue an arrest warrant ❖ Can issue a summons
44. Criminal Court Process • Arrest • Initial Appearance before Judge/Commissioner • Notified: • each offense charged and the allowable penalties for each offense • the right to counsel • the right to a preliminary hearing, if applicable. • Plead Guilty or Not Guilty • Guilty - Sentencing • Not Guilty - Reviews charging documents and determines to remain in custody, or the terms of pre-trial release (bail/bond) • Trial by jury or bench trial • Pleas/Found Guilty/Found Not Guilty
45. Mentimeter
46. Victim Participation in CJS # % Total incidences of IPV 517 100% Incidences reported to police 130 25.14% Police showed up to investigate 103 19.92% There was an arrest 61 11.79% Charges were filed 43 8.31% There was a conviction or guilty plea 16 3.09% The abusive partner spent time in jail 10 1.93% (2015) Intervention Following Family Violence: Best Practices and Helpseeking Obstacles in a Nationally Representative Sample of Families With Children
47. VAWA & CJS “VAWA states that the federal government’s position is that criminalization should be the primary response to IPV and put significant resources behind it.” Follow the money FY 1994 VAWA Funds FY 2013 VAWA Funds FY2017 VAWA Funds • 62% = Criminal Justice System • 38% = Social Services/Victim Services • VAWA’s two largest grant programs combined provided $266 million to the CJS • Only $40 million went to transitional housing, despite the #1 unmet need of survivors being housing. • 85% = Criminal Justice System • 15% = Social Services/Victim Services
48. What the Criminal Court Process Offers • Stops a violent incident in the moment Creates separation through: • Prosecution, conviction, and incarceration • Resources for people subjected to abuse • Victim/witness advocates • Crime victim compensation • Community-based organizations • Expressive function of the law
49. Costs of Criminalization Mass incarceration • The US incarcerates more of its citizens per person than any other country in the world Often harms victims • Dual arrests/no arrests, mis-identifying victims vs. abusive partners • Desires/safety of victims not 1st priority • Increased state control over women • Revictimization by the system Disproportionately impacts certain communities • Communities of color • Undocumented • LGBTQIA+ Social stigma Collateral consequences Restrictions on voting, public housing, education grants, etc. Employment Community stability Incarceration, violence & trauma $$$$$
50. Alternatives to Criminalization • Economics • Economic stress and IPV are strongly correlated • Financial abuse occurs in 99% of IPV relationships • Housing • Paid family leave, EITC, free childcare etc. • Public Health • Prevention!! • Community • Restorative justice • Community accountability
51. Restorative Justice
52. Restorative Justice Restorative processes bring those harmed by crime or conflict, and those responsible for the harm, into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward. • About repairing harm • Be a voluntary process • Safe and accessible • With impartial facilitators • Respect for all participants. • Victim-offender mediation • Restorative conferencing • Family group conferencing • Victim-offender groups • Sentencing/peace-making circles. MUST BE Types & Variations of RJ
53. Civil Legal Remedies
54. Which Order Should a Victim Get? A victim is eligible for a Protective Order if they are being abused by: • A current or former spouse • Someone with whom they have a child • Someone they have lived with as a sexual partner for at least 90 days out of the past year (“cohabitant”) • A parent, stepparent, child, or stepchild they have lived with for at least 90 days within the past year • Any person to whom they are related by blood, marriage, or adoption • An individual with whom they have had a sexual relationship within the last year • Within six (6) months before the filing of the petition the respondent committed rape or a sexual offense or attempted rape or sexual offense against me. If the relationship is not one of the above, they can file for a Peace Order instead.
55. Which Order Should a Victim Get? Time Limitations • Peace Order: Abusive act must have occurred within last 30 days • Protective Order: Abusive act can have occurred ANY time in the past (although it is recommended to file as soon as possible)
56. Civil Legal Options • Peace & Protective Orders “Abuse”: • An act that caused physical harm • An act that placed you in fear of serious bodily harm • Assault in any degree • Completed or attempted rape or sexual assault • Stalking • False imprisonment • Stalking • Revenge Porn For a Peace Order, they may also be eligible if you have experienced: • Harassment • Trespassing • Malicious destruction of property • Misuse of telephone facilities and equipment • Misuse of electronic communication or interactive computer service • Criminal visual surveillance
57. Mentimeter: Peace Order or Protective Order
58. How to Get a Protective Order • During court hours go to a Circuit or District Court clerk • If there is an open civil case (divorce, visitation) you should go to that court, but do not have to. • After court hours go to a District Court commissioner • A district court commissioner can issue an interim protective order which goes into effect when the respondent is served • File a petition • See the judge and testify under oath • Judge can issue a Temporary Protective Order • If the judge finds reasonable grounds to believe that the respondent committed the acts alleged in the petition • Final hearing • Usually within 7 days of Temporary Protective Order • Can grant a final protective order
59. How to Get a Peace Order • During court hours go to a District Court clerk • After court hours go to a district court commissioner • A district court commissioner can issue an interim peace order which goes into effect when the respondent is served • File a petition • See the judge and testify under oath • Judge can issue a Temporary Peace Order • If the judge finds reasonable grounds to believe that the respondent committed the acts alleged in the petition • Final hearing • Usually within 7 days of Temporary Peace Order • Can grant a final peace order
60. Protections Available • For BOTH Interim and Temporary Protective AND Peace Orders, the judge can grant “stay away” or “no contact” orders that say the respondent MUST: • stop abusing or threatening to abuse you • stop contacting, attempting to contact, or harassing you • stay away from your work, school, or residence
61. Protections Available • For Interim and Temporary Protective Orders, the judge can: • order your abusive partner to move out of the home where you both live • order your abusive partner to stay away from your childcare provider • grant you temporary custody of your children • grant you temporary use and possession of the home, if you live together • grant protections for your children, friends, family members, or pets who have been threatened or hurt by your abusive partner • order the surrender of firearms to law enforcement
62. Protections Available, Contd. • For Final Protective orders, you can request that the judge add provisions concerning: • professional counseling • financial support • visitation arrangements • temporary use and possession of a vehicle • any other relief that the judge determines is necessary to protect you, i.e. obtaining important documents, providing health insurance, or staying away from a specific place
63. Protections Available, Contd. • For Final Protective Orders, the judge MUST: • order that the abuser surrender and refrain from possessing firearms for as long as the Order is in effect • For Peace Orders, the judge can order your abuser to: • attend professional counseling • pay filing fees and costs
64. Violations Law enforcement is REQUIRED to arrest the respondent for violating “no contact” or “stay away” parts of an Interim, Temporary, or Final Protective or Peace Order. Violations may bring up to 90 days in jail and/or a $1,000 fine. • For Protective Orders, all subsequent violations afterwards may bring up to one year in jail and/or a $2,500 fine. • If the respondent violates other provisions of a Protective Order (child custody, visitation, financial support, counseling, firearms, etc.), they may be cited for “contempt of court.” • For Peace Orders, if the respondent violates other provisions (attend counseling, pay fees, etc.) they may be cited for “contempt of court.”
65. ERPOs – Effective 10/1/2018 What is an Extreme Risk Protective Order (ERPO), and what CAN it do? An Extreme Risk Protective Order (ERPO) is a court-issued civil order temporarily requiring a person to: • surrender any firearms or ammunition to law enforcement; and • not purchase or possess firearms or ammunition. With reasonable belief that a person meets the requirements, an ERPO allows the court to refer someone for an emergency evaluation due to mental disorder.
66. ERPOs Who can file an Extreme Risk Protective Order? The person requesting an ERPO is the petitioner. The petitioner may be a: • spouse; • cohabitant; • relative by blood, marriage, or adoption; • person with child(ren) in common; • current dating or intimate partner; • current or former legal guardian; • law enforcement officer; • medical professional who has examined the respondent (this includes a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, etc.
67. ERPOs Who is an Extreme Risk Protective Order filed against? A person who poses an immediate and present danger of causing personal injury to self or others by having firearms. The person who is alleged to be a danger is called the respondent. Factors demonstrating possible risk include: • alarming behavior and statements; • unlawful firearm possession; • reckless or negligent firearm use; • violence or threats of violence to self or others; • violating peace or protective orders; • drug and/or alcohol abuse; and/or • information contained in health records. An Extreme Risk Protective Order can be filed against a minor.
68. Family Court • Divorce • Custody • Supervised Visitation • Parental Kidnapping • Child Support • Suing for damages • When people are injured by others, they are permitted to seek what the law refers to as "damages," in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abusive partner. • In Maryland, you may file in small claims court on your own for anything that is $5,000 or less. If you want to sue for more, you will have to file a regular civil court case and may need the help of a lawyer. You may talk to the clerk of court for help in filing a lawsuit in small claims court. Womenslaw.org
69. Break
70. Protections for Immigrant Survivors/Victims
71. Poll Are your services linguistically and culturally accessible to immigrant and refugee women?
72. Barriers • Immigrant victims of intimate partner violence face additional challenges and barriers when seeking assistance and safety. • Abusers exploit a victim’s immigration status as a tool of abuse and control including: o Threatening to report survivors to Immigration and Customs Enforcement (ICE) to have them deported o Threatening to have their children taken away from them o Take advantage of limited ability to speak English by misrepresenting the laws o Telling survivors, they do not have any rights
73. Beyond Language Access To move beyond language access, we must embrace a framework that prioritizes the following values (1) Equity (2) Intersectionality (3) (3) Strengths-based (4) (4) Iterative (5) Flexibility. Created by Ramatu Bangura & Lucane LaFortune for Culture Works Training Institute
74. DV/SA Organizations MUST • Ensure access to their services to all survivors, regardless of immigration status • Proactively reach out to immigrant communities to let them know that the services are available to them and that they are welcomed. • Decrease the risk of helping abusers take advantage of the lack of resources • Decrease fear and uncertainty for immigrant victims • All programs providing domestic and sexual violence services that receive federal funding are required to provide language access under Title VI of the Civil Rights Act of 1964.
75. Legal Remedies
76. "While these immigration remedies can provide a critical pathway to safety for many immigrant survivors, the reality is that most immigrant victims of domestic violence, sexual assault, stalking, and trafficking are unable to learn about their rights and access these protections unless they are able to obtain the assistance of a trained advocate, as well as additional supportive services that are trauma-informed and linguistically accessible. Therefore, domestic violence and sexual assault service providers play a critical role in providing a life-changing bridge to safety and well-being for immigrant survivors and their children" (Hidalgo, 2017)
77. Resources
78. LUNCH
79. Dating Violence Teens and young adults
80. Dating Violence Physical, sexual, psychological, or emotional violence within a dating relationship, including stalking. It can occur in person or electronically and might occur between a current or former dating partner (CDC).
81. Issues To Be Aware Of • Sexting • Healthy sexual curiosity and development • Age of consent vs. actual consent • The impact of slut shaming • Agency and body autonomy • Distribution of child pornography • South Fort Myers High School, FL • The ways in which abusers groom their victims • Trafficking
83. Behind the Post
84. The Unique Dynamics of Teen Dating Relationships Intensity Isolation Sabotage Perfectionism Volatility Deflecting Responsibility Betrayal Stalking
85. Youth Dating Violence • Nearly 1 in 10 HS students has been physically hurt by a dating partner and 1 in 10 has been kissed, touched or physically forced to have sexual intercourse by a dating partner against their will. • 1 in 3 teen girls is a victim of physical, emotional, or verbal dating abuse. • Women ages 16 to 24 experience the highest rates of partner violence. • 86% of teen girls said they’d confide in a friend if being abused or controlled. Only 7% would talk to police.
86. Youth Dating Violence • Nearly half (43%) of dating college women report experiencing violent and abusive dating behaviors. • One in three (36%) dating college students has given a dating partner their computer, online access, email or social network passwords and these students are more likely to experience digital dating abuse. • 81% percent of parents believe teen dating violence is not an issue or admit they don’t know if it’s an issue. • Though 82% of parents feel confident that they could recognize the signs if their child was experiencing dating abuse, a majority of parents (58%) could not correctly identify all the warning signs of abuse.
87. Reproductive Coercion as a form of IPV
88. What is Reproductive Coercion? Behaviors aimed to maintain power and control in a relationship related to reproductive health by a current or former partner.
89. Making the Connection: Reproductive Coercion
90. How might someone interfere with their partner’s reproductive health? Mentimeter Question:
91. How Partners May Interfere •Explicit attempts to impregnate a partner against her wishes •Controlling outcomes of a pregnancy •Coercing a partner to have unprotected sex •Interfering with birth control methods
92. What Pressure Might Sound Like: “I will hurt you if you don’t become pregnant” “I will leave you if you don’t become pregnant” “I will ‘out’ you if you don’t have a baby with me” What coercion might sound like: “He told me what to do with the pregnancy” “I didn’t have a choice” “I was afraid of him” “She said this was the only way we could be a real family” How many of you have talked to survivors about this? Has this come up before?
93. Universal Screening • Do not assume that non-heterosexual survivors have not experienced reproductive or sexual coercion • Do not assume that cisgender men have not experienced reproductive or sexual coercion • Transgender people experience sexual violence at a greater rate than the general population and most often in the context of an intimate relationship. • Trans survivors may need to utilize a variety of reproductive health services
94. Screening ▪ Discuss reproductive coercion ▪ Safety plan ▪ Transportation ▪ Financial assistance ▪ Childcare ▪ Review available options Talking with Survivors… Screening ▪When entering shelter, conduct brief intake with minimal questions, including “Do you have any immediate health care concerns?” ▪Follow-up with standard intake that includes reproductive coercion and health assessment questions ▪MNADV can assist in creating these questions, upon request
95. Clip: Aleisha Pregnancy Pressure and Coercion
96. Safety Planning Considerations • Cultural relevancy • Birth control that partner doesn’t have to know about • Emergency Contraception • Pregnancy testing • STI testing and partner notification • Transportation • Financial Assistance • Childcare
97. Emergency Contraception ▪ Survivors are more likely to have not used birth control due to affordability and abusive tactics and therefore are more likely to have used emergency contraception ▪ Weight considerations ▪ On-site shelter option
98. Pre-Exposure Prophylaxis (PrEP) ▪ A combination of two HIV medicines (tenofovir and emtricitabine), sold under the name Truvada® (pronounced tru vá duh), is approved for daily use as PrEP to help prevent an HIV-negative person from getting HIV from a sexual or injection-drug-using partner who’s positive. ▪ Studies have shown that PrEP is highly effective for preventing HIV if it is used as prescribed.
99. Pre-Exposure Prophylaxis (PrEP)continued ▪ Studies have shown that PrEP reduces the risk of getting HIV from sex by more than 90% when used consistently. Among people who inject drugs, PrEP reduces the risk of getting HIV by more than 70% when used consistently. ▪ The federal guidelines recommend that PrEP be considered for people who are HIV-negative and in an ongoing sexual relationship with an HIV-positive partner.
100. • In February 2018, the Rape Survivor Family Protection Act was passed. • The law allows rape survivors who become pregnant by their attacker to petition the court to remove his parental rights, even with no conviction. A judge will use a clear and convincing evidence standard to make that decision. Rape Survivor Family Protection Act
101. Effectively Preparing Your Program ▪Train all staff ▪Ensure intake process is trauma-informed ▪In brief intake upon entrance to program include question: “Do you have any immediate health concerns?” ▪Follow-up intake to include reproductive coercion and health assessment ▪Offer Health Care Information Sheet to all residents ▪ (Example available through MNADV, upon request) Virginia Sexual &Domestic Violence Action Alliance
102. Preparing Your Program… • Develop list of family planning/reproductive health clinics that include: • Phone numbers • Locations • Transportation options • Income requirements/fees for service • Hours of clinics, services offered, and hours which certain services are offered (when do they do HIV testing? When do they see new patients?) • Do they offer Emergency Contraception?
103. Preparing Your Program… • Develop list of local pharmacies that carry Emergency Contraception and how much they charge • Establish formal relationship with at least one family planning and/or reproductive health clinic and offer cross-education • Attend their staff meeting to share info on your services • Invite a clinic staff person to attend one of your staff meetings to share info on their services Virginia Sexual &Domestic Violence Action Alliance
104. • Discuss how cross-referrals may be made to increase access • Make a plan for routine presentations to program staff (MNADV can provide, if requested) • Sign Memorandum of Understanding (MOU) with local family planning clinic(s) • Example available through MNADV upon request Preparing Your Program… Virginia Sexual &Domestic Violence Action Alliance
105. Resources • Futures Without Violence – multiple curriculums, tipsheets, free safety cards, and webinars available at www.futureswithoutviolence.org • Virginia Sexual & Domestic Violence Action Alliance - Reproductive and Sexual Coercion Toolkit www.vsdvalliance.org • All Options Talkline (pregnancy options counseling) 1-888-493-0092 M-Fri 10-1am, Sa-Su 10-6 EST
106. Break
107. Intimate Partner Stalking Dynamics
108. Stalking A pattern of behavior directed at a specific person that would cause a reasonable person to feel fear. Stalking Resource Center
110. • Something may be frightening for the victim but not to you • Stalking behaviors often have specific meaning that is only understood between abuser and victim • Stalking criminalizes otherwise non-criminal behavior Context Stalking Resource Center
111. Course of Conduct • Surveillance • Following • Watching • Waiting • Showing up • Tracking software • Obtaining information about victim • Proxy stalking • Life Invasion • Unwanted contact at home, work or other places • Phone calls • Property invasion • Public humiliation • Harassing friends/family • Intimidation • Threats • Property damage • Forced confrontations • Threatening or actually harming self • Threats to victim about harming others • Interference • Financial and work sabotage • Ruining reputation • Custody interference • Keeping victim from leaving • Attacking family / friends Physical / sexual attack
112. Normal Behavior Harassment Stalking • Pursuing casual sex • Making a complaint • Telling someone they hurt you • Asking for a date • Seeking explanation for a breakup • Aggressive Complaining • Intention to provoke discomfort • Unwanted sexual approaches • Ignoring requests to stop calling • Repeated but short-lived • Causes fear • Intention to hurt • Aggressive • Unrelentingly intrusive • Persistent
113. 113 Using kids Proxy stalking 81% of male victims 69% of female victims National Violence Against Women Survey 1998 50% - 60% of IPV stalking victims say others were involved in the stalking - Logan et al. (2006) Abusive partners may gather info on non- offending parent and deliver technology to monitor/track non-offending parent Dual Peace/Protection Orders Abusive partners may file false police reports Family court Legal system harassment Protection Order Violations
114. Advise Disengagement • Recommend complete disengagement (no contact with abusive partner) • Explain concept of intermittent reinforcement BUT… • Realize victims engage in behaviors to keep themselves safe: • Maintain contact, negotiation, minimizing threat • Contact may be a safety strategy
115. Documenting the Abuse • Victims can document what is happening. –Keep a log to establish a pattern of stalking behavior –Take screenshots (computer + phone), photos, print out pages –Keep emails, text messages, or voicemails • Search for software on suspect’s computer • Search warrants should be sought for the collection and forensic examination of the perpetrator’s computer • Include storage devices (USBs), and computer systems • Search for monitoring websites/URLs 115
116. Documenting the Abuse… • Check for equipment purchases • Use any other options for gathering information (offender on probation or parole?). • “Snag it”(You can create a video of you navigating through webpages) • Wayback Machines • Don’t forget circumstantial evidence (abusive partner knows facts/information otherwise not known to others) 116
117. Stalking is Rarely Charged • Between 5% and 16% of stalking cases are actually charged as stalking when police already have all the information they need to charge.1 • 1,785 domestic violence reports:2 • 1 in 6 cases evidence of stalking • 1 official stalking charge TK Logan, Research on Partner Stalking: Putting the Pieces Together, University of Kentucky (2010) Police often do not charge stalking, even when cases include the criminal elements. In reports, neither victims nor officers use the word stalking.
118. The Use of Technology to Stalk
119. Technology is NOT the Enemy • Abusive partners exploit technology to create an advantage for themselves. • Most technology used by abusers and stalkers have legitimate and legal functions. • Technology-facilitated abuse is often one tactic of many. • Avoiding technology is not possible; having better privacy and safety is possible. • Limiting survivor’s behavior or technology use will not stop the abuse or stalking. Stalking Resource Center
120. Privacy vs. Security • Privacy settings control who sees what information you share. • Security settings manage access to your account.
121. Social Media Revolution
122. Social Media • Photos • Tags • Messages • Posts • On survivor’s page • On abuser’s page • On someone else’s page • Impersonate survivor on new page • “About” pages • “Friend” survivors' friends and family Types of Contact • Reporting inappropriate or false content or pages to site owner may result in removal of content or page if it violates terms of use. • Most sites have a process for users if their account has been compromised. • Apply or amend P/PO Possible Recourse:
123. “This video shows you how to tamper with comments on Facebook….Perhaps you want to destroy the reputation of someone you hate or make them look like a hated person…” Fake Posts
124. Cell Phone GPS Tracking
127. GPS Tracking on Vehicles
128. Location-Based Apps • Find friends, kids, dates, discounts, people with similar interests, etc. • “Check in” • Earn badges, points, discounts, etc. • Apps collect a lot of user data
129. Laptop & Web Cams
130. Hidden Cameras
131. Spyware Considerations • Documentation • Option of getting a new primary phone and keeping old one for documentation • Victim Safety • Removal of spyware may escalate abuser’s behavior • Removal • Cell phone providers can’t “check” the phone • Factory reset
132. Spoofing
133. Spoofing Documentation & Evidence • Match call logs • Offender – outgoing call to spoof company • Victim – incoming call from friend/family • Suspect’s financial records • Suspect’s phone/computer history • Court order to spoofing companies
134. Disappearing SMS & MMS • Text vs. Messaging • Text uses cellular services • Shows up on phone bill • Messaging • Facebook Messenger • iMessage • Kik • Lots of others! • Disappearing SMS & MMS • Both users need to have the app
135. Cell Phones • Document communications • Audio – on the phone and separately • Voicemail – Suspect’s own voice, abusers tell victim what they’re going to do • Text • On Phone • Digital Image of phone face • Victims can get detailed copies of their own phone bills
136. Cell Phones… • Truth in Caller ID Act, 2009 • No person or entity in the United States shall, with the intent to defraud, cause harm, or wrongfully obtain anything of value, knowingly cause, directly or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information • FCC can levy up to $10,000 per violation • In 2016 the FCC filed a Notice of Apparent Liability against two individuals and proposed levying a fine of $25,000 each. • File an FCC Complaint at consumercomplaints.fcc.gov
137. Voicemails • In the abusive partner’s own voice • Powerful evidence in court • Abusive partners will tell the victim what they are going to do, or what they did
138. Email Anonymizers
139. Communication Assistive Technologies • TTY: Teletypewriter • Telebraille • TTD: Telecommunications device for the Deaf • IM: Instant Messaging • Video calling • Relay services • TTY relay • Voice Carry Over • Hearing Carry Over • Speech to Speech • Instant message relay • Captioned telephone • Video relay service Stalking Resource Center
140. IP Relay Case • This is Zack your relay operator 5243 we have a message. You’re a heartless, sick, nerdy bitch. Die and go to hell. End of message. Thank you IP relay… • This is Ashley relay operator 7041 with a message. Go suck some person…yes, hope you get AIDS. End of message. Thank you IP relay 7041 Goodbye. End of message. To delete this…. Stalking Resource Center
141. Non-Consensual Distribution of Intimate Images • “Revenge Porn” • Sexually explicit media that is publicly shared online without the consent of the pictured individual. • May be uploaded by ex-partners to shame or embarrass the pictured individual. • A 2017 nationwide study found that 1 in 8 American social media users have been targets of nonconsensual pornography. Women were significantly more likely (about 1.7 times as likely) to have been targets of NCP compared to men.
142. Let’s Stop Victim Blaming! Aren’t victims to blame for making intimate pictures of themselves available to other people? • Victims who do make intimate images available to an intimate partner have entrusted another person with sensitive information. • This is no different from customers giving their credit cards to waiters, or patients giving their sensitive health information to doctors. • Waiters and doctors who abuse this private information by giving it to unauthorized individuals face criminal penalties. Private sexual information deserves no less protection than private financial or health information. • Additionally, shaming people for engaging in consensual, adult sexual activity has no legal, moral, or logical basis: “Don’t take naked pictures” is no more a solution to nonconsensual porn as “don’t get in a car” is a solution to being hit by a drunk driver.
143. Safety Issues To Consider • Will abuser know if posts get removed? • Removing posts may not stop the abuse and may escalate control and harassment. • Removing posts from one site will not guarantee its removal from the internet. • Removing content may also remove the evidence. Strategize around this.
145. Video Surveillance in Investigations • Video surveillance is a cheaper option than physical surveillance • Excellent evidence • Victims feel relief when video installed • Findings of video can ease their mind • Prove the situation exists
146. Case Study: Miranda, 38 ➢Miranda recently moved out of the home she shared with her abusive boyfriend and her teen daughters. ➢Miranda did not tell her boyfriend where they were moving to, but he showed up a week later at her new apartment. ➢While her daughters are technologically savvy, Miranda is not. ➢Miranda and her daughters state that they have all received multiple calls from numbers they don’t recognize and when they answer, the other person hangs up. ➢How would you talk with this family about their use of technology?
147. Case Study: DeQuan, 16 ➢Dequan’s ex-girlfriend was controlling and emotionally abusive. She would call constantly, even if she knew he was at work or school. ➢Dequan received 10 phone calls a day, and if he didn’t answer, she’d accuse him of cheating. Dequan broke up with her, and the threats became worse, and calls increased to 30 times a day. ➢She did everything to get him back, including threatening to send her brother (who was a gang member) to his house with a gun. ➢You’ve developed a good rapport with Dequan. When you meet with him next, he tells you the above. ➢How would you talk with him about his use of technology?
148. Case Study: Juan & Carlos ➢Maria and her two boys, Juan & Carlos, fled to Maryland from another country after Maria’s husband beat her, sexually molested the boys, and threatened to kill all of them if they told anyone. ➢Maria enrolled her boys in the local school, and they have been adapting well. ➢About three months later, their father showed up at the school because Juan had updated his cover photo on Facebook to a picture of him and his brother in front of their new school. ➢Maria calls you upset and not knowing what to do. ➢What can you tell her?
149. Case Study: Rachel ➢Rachel met Greg at church. They dated for a few months, but Rachel broke it off when Greg became possessive. ➢Greg retaliated by posting her personal details to the Internet, including her physical description, address, and telephone number, and details about how to disable her home security system. ➢He also posted false rape and "gang-bang" fantasies and men began arriving at the victim's home. ➢Rachel has come to you for help. ➢How do you respond?
150. Tips & Guiding Principles • Acknowledge the difficulty of the situation. • Believe them. • Be prepared for any reaction. • Consider trauma. • Keep the conversation open. • Empathize, don’t sympathize. • Respect their choices, even if they are staying with the abuser. • Take it slow, step by step.
151. Evaluations Note: • We read every evaluation and use the comments to improve on our trainings. • They’re a grant requirement for providing this training. Questions to think about: • What did you learn that you’re going to take with you back to your work? • Is there something you wanted to learn about that wasn’t addressed, or wanted more time spent on it? • Was there something that you didn’t find helpful?
152. Stay Connected