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|^H| VOLUME^, NUMBER/

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MARCH, 1995

GOVERNOR'S COMMISSION
ON DOMESTIC VIOLENCE

- ~

COMMENTARY

Domestic Violence:
A National Lesson

by Nan Stein

'

■Hi

1994:

Ask Beth, the nationally syndicated teenage advice columnist, printed this letter on August 26,

Dear Beth: Do you think it's wrong to hit someone because you're really mad at her?
How can I ignore my girlfriend when she's such a pain? All this O.J. Simpson stuff is
making me wonder. WONDERING

As the murder trial of O.J. Simpson unfolds, the nation is learning a crucial lesson on domestic
violence. Similar to the "teach-in" on sexual harassment that Anita Hill\Clarence Thomas hearings
provided in the fall of 1991, the subject of domestic violence has been the sub-text of the murder
allegations. The release of Nicole Simpson's 911 call to the police in October 1993 made public a
private nightmare — a home invasion by her ex-husband, O.J. Simpson, and her private terror of
being beaten again by him.

Educators should use this "teachable moment," gleaned from the private sphere of a couple's
life and transferred in tragedy to the public sphere, to talk with young people about violence in
interpersonal realtionships. Whether known as domestic violence, battering, dating violence,
hazing, bullying and, I would argue, sexual harassment, we need classroom lessons and conversa-
tions, ones that do not demonize boys, present violent behaviors as inevitable or expected nor scare
students from forming close relationships. We need to talk about the impact of these behaviors not
only upon the targets and the perpetrators, but also upon the bystanders and observers of these
events. Powerful lessons are conveyed when educators interrupt and disrupt these deleterious
interactions. Different lessons are transmitted when we remain silent.

We must look at gendered violence in kids' lives. Again, from Ask Beth, on February 3, 1994:

Dear Beth: / am 11 years old and there's a boy in my class who just won't leave me alone.
He chases after me and my best friend during recess. He hits and kicks me on the behind,
stomach and legs. Once he slapped me so hard it brought tears to my eyes. I try to tell my
teacher, but she just laughs and tells him, "If you like her so much, ask her for her phone
number. " Is this sexual harassment? If it is, what should I do?

HATES BEING HARASSED

This teacher infantilized these assaultive behaviors, perhaps perceiving them as flattery. Yet,
when I read this letter aloud to middle and high school students, from Massachusetts to Alaska, and
ask them "if these people were older, what might we call these behaviors?", I received answers like
"dating violence," "assault", "domestic violence," and "stalking." Do the kids know something we
adults don't want to know?

The Public Performance of Gendered Violence: Seeing Is Not Believing

Schools may be training grounds for the insidious cycle of domestic violence: girls are trained to

accept this battering and assault, are taught that they are on their own, and see that the adults and

others around them will not believe or help them. Similarly, boys receive permis-
sion, even training to become batterers. Girls (and sometimes, boys) find that when
they report sexual harassment or assault the events are trivialized while girls are
demeaned and/or interrogated. Harassers, on the other hand, get the message that,
since adults around them fail to intervene, they have tacit permission to continue
with their assaults. Indeed, if school authorities do not intervene and sanction the
students who sexually harass, the schools may be encouraging a continued pattern
of violence in relationships. For all the other students, both boys and girls, who are
bystanders or observers of these incidents, different yet equally deleterious messages
are delivered - what's wrong with you? Why aren't you engaging in this behav-
ior? And, most chillingly, -- Just wait, you may be next, and we can't do anything
to prevent it.

Harassment happens while many people watch. Yet, despite rulings from the
Office for Civil Rights and at least 10 pending Title IX cases in federal district
courts, sexual harassment is still not really considered "violence" - not by many
educators, not by many law enforcement nor public health officials, and not by
many nationally appointed or elected political leaders. What gives? The adults
can't afford any longer to be in denial — the kids sure aren't.

On a hopeful note about the difference we can make in the classroom when we
raise the subjects of teasing, bullying, and sexual harassment, framed as issues of
injustice, civil rights, and seen from the vantage points of the targets, harassers and
observers alike, we can encourage children to see themselves as "justice makers" by
emphasizing intervention strategies as opposed to behaviors which freeze them into
being social spectators (Stein and Sjostrom, 1994).

Returning to the words of children, it is clear that this time from boys who
confirm the existence of sexual harassment in schools, and its very public nature,
even to the boys who are observers sexual harassment is sometimes scary, troubling,
and certainly disruptive to the educational environment.

"Today, as usual, I observed sexist behavior in my art class. Boys taunting
girls and girls taunting boys has become a real problem. I wish they
would all stop yelling at each other so that for once I could have art class
in peace. This is my daily list of words I heard today in art that could be
taken as sexual harassment: bitch, hooker, pimp, whore. "

"Today for the first time I was witness to sexual harassment in my gym
class. A couple of girls came into the exercise room today and suddenly,
almost like a reflex, some of the boys began to whistle at them and taunt
them. I was surprised since I had never seen this kind of behavior from my
gym class before. Some of the boys that I considered my friends even
began to do it. I felt awful to watch, but if I said anything it would not
stop them and would only hurt me. "

"Today in class people reported their findings as ethnographers; that is,
they told the class about the examples of sexual harassment they had wit-
nessed. There were some pretty bad examples. It's amazing that this stuff
goes on at our school. I think that part of the problem is that some kids
don 't know what sexual harassment is, so they don 't know when they are
doing it. One of the things that scared me was that no one said they had
any trouble finding examples. Everybody found at least one or two
examples and most people found many more. I found out that it happens
everywhere: in the halls, the cafeteria, or even at basketball try-outs. It
happens every where that teachers are not in direct supervision of the
students. "

"I think it's good that the eighth graders are doing the curriculum at the
same time, because then we can discuss it during lunch and stuff. I really

Just wait, you may
be next, and we
can 't do anything
to prevent it.

do think that people are learning a lot
from it. I mean, the person at our table
at lunch who used to really be a sexual
harasser has stopped and actually
turned nice when all the girls at our
table told him to stop or we would get
Mr. (teacher) into it. I don 't think he
realized that what he was doing was
really making us uncomfortable. "

These journal entries are hopeful
beyond the insights, reflections, and
behavioral changes in their peers which
these students documented. These
words point the way towards the impact
that age appropriate, deliberate, and
teacher-led structured conversations
and lessons on difficult subjects can
have in the lives of students. By
creating a common classroom vocabu-
lary and offering non-punitive and non-
litigious ways to probe controversial
and troubling subjects, educators and
their students can confront and reduce
sexual harassment and gendered
violence in the schools. The first step
is to recognize that sexual harassment,
a gendered form of violence, is a
common feature in children's lives in
schools and that most adults are sitting
back, watching it happen or treating it
with "a wink and a nod." The next step
is for the adults to name it as the kids
see it, and to take it on — publicly, in
the classroom and throughout the
whole school community. To eliminate
sexual harassement in schools, a
publicly performed and permitted form
of gendered violence, might just be one
of the ways to reduce the national
epidemic of domestic violence.

[Nan Stein is the Co- Author of the curriculum on
sexual harasment for 6th-12th grade students.
Flirting or Hurting?, and the Senior Research
Associate for Wellesley College Center for Re-
search on Women]

FORUM 2

S! $ Resources
for Teens

Teen Dating Violence:
A Response

BRIDGE OVER
TROUBLED WATERS
■• (617)423-9575

Individual counseling for teens

DOVE - (617) 773-HURT

24-Hour Hotline
1 Teen dating violence awareness groups at
' • high schools. Call Fannie Naggar for more

information 471-5087. Pamphlets are

available.

SAMARITEENS - (800) 252-8336
24-Hour hotline that provides support and

• referrals for teenagers who are feeling
lonely, depressed or suicidal.

ROCA-Reaching Out to Chelsea
Adolescents

Chelsea: (617) 889-5210
Ramon Hernandez
Revere: (617) 284-6281
Maria Torre
'• Peer leadership group consisting of
four young women who provide
outreach services to high schools and
individuals. Spanish speaking. Will
be providing pamphlets, making
presentations and conducting work-
shops.

, TEEN LINE - (6 1 7) 534-5700
| A crisis intervention, information and
referral hotline for adolescents.

WOMANSHELTER\COPANERAS
Provides a video on teen dating violence

• prevention, for information or to order the
video, call Kathleen Dowd, (413) 538-
9717.

SOUTH SHORE

WOMEN'S CENTER

(617) 476-2664 - Individual counseling,

* School workshops. Beginning to form after
school groups for teens.

CHOICE THROUGH
EDUC ATIONXSAFE HAVEN

, (617) 884-4706 - Contact-Daniel Viggiani -
| # Provides emotional support and referrals,
especially in teen dating violence interven-
tion and related trainings. Provides a life
skills curriculum.

FLIRTING OR HURTING?
A curriculum on sexual harassment for 6th-
\ 12th grade students by Nan Stein & Lisa

• Sjostrom. For information, contact Wellesley
College Center for Research on Women,
Publication Office at (617) 283-2510.

by Diana Brensilber

The Dating Violence Intervention Project
(DVIP), a collaboration between Transi-
tion House and EMERGE, was created to
address the increasing problem of violence
in adolescent dating relationships. Tran-
sition House is a shelter for battered
women and children and EMERGE is a
program providing counseling and edu-
cation services to abusive males. An in-
creasing number of hotline calls made by
young women concerned the advocates of
the Transition House. Even more trou-
bling to them was seeing young women
return to the shelter as battered wives when
they had been there years earlier as chil-
dren when their mothers were battered.
The DVIP has provided a response to this
problem and states as its primary goal to
prevent dating violence and sexual abuse
in adult relatonships by educating teen-
agers about those issues. The primary goal
of the project is to prevent dating violence
and sexual abuse in adult relationships by
educating teenagers about those issues.

Encouraging schools and youth programs
to develop violence prevention programs
is a primary goal of the DVIP. The project
has developed a useful training curricu-
lum for teachers and other community
educators to help teens identify abuse and
its causes. Project facilitators hope that
by learning about dating violence, teens
will gain self respect as well as respect for
others.

Approximately 4,000 teens in 20-25
schools or youth programs receive the cur-
riculum each year. DVIP has trained 400
teachers and counselors. Beyond the train-
ing curriculum, the DVIP offers school-
based counseling\therapy for both victims
of teen dating violence, sexual assault and
incest, as well as the aggressors in violent
relationships. More than 500 teens receive
peer leader training from DVIP staff each
year. This training helps teens understand
dating violence by defining abuse and re-
spect, examining the "ideal date", and de-
bating and recognizing sex role stereo-
types. As a result, the peer leader is a valu-
able source of information for teens who
are in abusive relationships.

The Coaliton of the Massachusetts Bat-
tered Women's Service Groups is currently

drafting a resource guide, which will in-
clude a listing of shelters and services pro-
vided for teens.

[Diana Brensilber is a research associate for the
Executive Office of Public Safety's Program
Division]

Warning

9 s

Signals

Signs that can help parents deter-
mine whether their child is in an
abusive relationship

Using Male Privilege - Treats her
like a servant, makes all the decisions.

Isolation - Controls what she does, who
she sees and talks to and where she goes.

Emotional Abuse - Puts her down,
calls her names, makes her think she's
crazy.

Economic Abuse - Tries to keep her
from getting or keeping a job, makes her
ask for money.

Threats - Makes and\or carries out
threats to do physical or emotional harm.
Threatens to take children, to commit
suicide.

Sexual Abuse - Makes her do sexual
acts against her will.

Intimidation - Puts her in fear by using
looks, actions, gestures or loud voices,
smashing things, destroying her prop-
erty, abusing pets, displaying weapons.

Denying, Blaming, Minimizing
Makes light of the abuse and doesn't take
her concerns seriously, shifts responsibil-
ity for abusive behavior and says she caused
it.

If she is in an abusive relationship, par-
ents can encourage their child to:

$* Leave the relationship.

§* Obtain a restraining order

if necessary.
f* Seek counseling.

[Source: Abuse Project]

FORUM 3

fe=

WHAT CAN SCHOOLS
DO TO RESPOND?

With the alarming statistics indicating that dating violence af-
fects at least one in ten teen relationships it is becoming para-
mount that schools develop policies to respond to the increase
and severity of interpersonal violence. Policies need to address
methods to increase awareness of the issues for both students
and staff, and to give the clear message to students, staff, and
the community that violence will not be tolerated. The devel-
opment of policies and procedures will help create a school cli-
mate that is supportive, respectful, and committed to providing
a safe environment conducive for learning. The following in-
formation was prepared in the spirit of such efforts promoting
violence prevention and intervention. Additionally, the devel-
opment of a multi-disciplinary approach including the police,
courts and community should be considered to best address these
issues in a coordinated manner.

WHAT CAN A SCHOOL SYSTEM DO TO HELP PROTECT
A STUDENT WHO HAS TAKEN OUT A RESTRAIN
ING ORDER?

Staff and student awareness of dating violence
issues are increased through training, policy
development and implementation. It is hoped
that all students will have an understanding
of the school's sensitivity and commitment to
insure safety for students who have obtained
a restraining order through the court, through
the utilization of safety plans and development
of protective measures in school. School sys-
tems may want to develop their policies in col-
laboration with the police, courts, shelter le-
gal advocates and the D.A.'s office. With this
in mind, students should be encouraged and feel comfortable in
approaching administrators to assist them in the process, so
that the appropriate actions and safety planning will occur.

ONCE THE SCHOOL IS NOTIFIED OF A STUDENT'S
RESTRAINING ORDER:

O The school administrator may want to hold SEPA-

RATE meetings with each student and his\her family to gather
any information, review the order and the implications.

Included as a part of this meeting should also be an agreement
as to who this information will be shared with.

O A "Safety Plan" should be worked out to address the

victim's needs, including "safety stops," staff to report to if con-
cerns arise or a violation occurs, and any schedule changes that
may be considered. This meeting should include a discussion
of guidelines for appropriate behavior of the victim, such as not
making comments to others which may inflame the situation.

O With the named defendant it is important to review

the terms of the order, expectations around appropriate behav-
ior, and the consequences for violation of the order.

O When possible it is important to address and make

schedule changes to avoid face-to-face contact. When schedule
changes are not possible, guidelines should be established around
expected behavior.

FORUM 4

WHAT GUIDELINES SHOULD BE CONSIDERED?

O It is important to establish clear guidelines around

expected behavior in compliance with the issued order, for the
benefit and safety of all parties. These could include: delinea-
tion of space between parties (feet, yardage, routes to classes),
class or schedule changes. Giving a clear message that there
should be no exchange (verbal or non-verbal, threatening or
non-threatening) of comments, notes, gifts, or gestures is criti-
cal. This also includes no exchange of messages, notes, or gifts
through a third party friend, student or staff member. NOTE:
Given the reality of the close proximity within the school set-
ting and\or the possibility of both students needing to remain in
the same class, the order may need to be amended to reflect
clear guidelines around contact in such instances.

IT IS IMPORTANT TO UNDERSTAND THAT
THE ONUS OF THE RESTRAINING OR-
DER IS ON THE DEFENDANT. A VIC-
TIM CANNOT VIOLATE THE RE-
STRAINING ORDER. THOUGH
REALISTICALLY. REASON-
ABLE BEHAVIOR AND COOP-
ERATION IS REQUIRED BY BOTH
PARTIES.

::: . WHAT SHOULD HAPPEN IF IT
Wy APPEARS THAT THE ORDER IS
'"'"' BEING VIOLATED?

O VIOLATION OF A RESTRAINING ORDER IS A

CRIMINAL OFFENSE AND SHOULD BE TREATED AS
SUCH, BY REPORTING IT TO THE PROPER AUTHORI-
TIES. (Schools may want to develop their own internal report-
ing mechanism, but ultimately the violation must be reported
to police.)

NOTE: It is important that the school support the victim in
reporting any violations that have been witnessed or reported.
The school does not need to be the judge as to the violation, but
should report the violation to the proper authorities for their
determination of the necessary action to be taken.

ASSESSMENT INFORMATION SHOULD INCLUDE
THE FREQUENCY AND NUMBER OF INCIDENTS:
O pattern or isolated incident, or

O first time reported incident or have there

been previous reported incidents.

(This material was prepared through the collaborative efforts of staff from E^ex
County District Attorney Kevin M. Burke's Partnerships for Violence Pre%ention.
Help for Abused Women and Their Children, and the Massachusetts Regional Pre-
vention Center. Salem)

Children Exposed to Domestic Violence

by Rhiana Kohl, Ph.D.

Within the complex, multifaceted problems associated
with domestic violence exist true "innocent bystand-
ers," the children who witness such violence. All
too often these children, so devastatingly affected by such expo-
sure have received little attention, especially those left unharmed
physically. Yet, evidence shows that millions of children are
exposed to violence between parental figures each year. A re-
cent study at the Pediatric Primary Care Clinic in Boston City
Hospital found that one in ten children had wit-
nessed a shooting or stabbing before age six
years; half of these incidents were at home. The
perspective that domestic violence is a "private"
family matter continues to interfere with treat-
ment. In fact, many professionals working in
this area have found that parents believe their
relationships with intimates to be not just off
limits from the public domain, but a personal
matter inappropriate for the child's inquiry as
well. Thus, children are often left to cope on
their own. See No

To single out one variable as a primary "cause" or "risk factor"
for violent behavior is unrealistic and dangerous. Nonetheless,
compelling evidence suggests that the impact of witnessing vio-
lence between parental figures contributes to short and long
term emotional disturbances and behavior problems, often vio-
lent in nature. Symptoms most often associated with exposure
to domestic violence are similar to those for Post Traumatic
Stress Disorder (PTSD).

Problems exhibited by these children include developing feel-
ings of emotional detachment along with anxiety about separa-
tion from caretakers, avoidance of all reminders
of the incident, depression, anger, guilt, psycho- _
somatic problems, sleep disturbances and night-
mares from recurring images of the event. The
resulting fatigue and other adverse effects often
contribute to poor concentration and a decline
in school performance.

The negative effects of exposure to violence in
the home are mediated by the gender and age or
developmental stage of the child as well as the
length and frequency of the exposure. Children > -^

in violent families reportedly show a greater fre- near 1^1

quency of externalizing (i.e., aggression), especially boys, and
internalizing (i.e., withdrawn, anxious) behavior problems com-
pared to children from nonviolent homes. The development of
more aggressive behavior combined with the need to protect
one's mother from further harm, can have a catastrophic effect.
One study determined approximately 63% of persons between
1 1 and 20 years incarcerated for homicide were convicted for
murdering their mother's abuser. Many of these children try to
act tough and mask their fears. They often stay home from
school to protect their mothers from being assaulted in their
absence. They are often traumatized by fear, frequently blam-
ing themselves for not preventing the assaults, even believing

that they are part of the cause. A tendency to lose respect for
the victim and identify with the aggressor is common with chil-
dren over age five.

Stong evidence supports the notion that witnessing violence in
the family of origin is the most consistent and leading "risk
factor" in predicting subsequent domestic violence for both
husbands and wives. Spousal abuse demonstrates an "in-home"

lesson on the role of violence in relationships.

Children may learn this behavior as an acceptable

means of achieving their goals.

With all this exposure to negative and aggressive
role models and the endorsement of violent be-
havior, why is it that some of these children do
not repeat a violent pattern of behavior? Many
children are remarkably resilient in their
adaptions. These children cope best when their
sense of value and worth can be affirmed and sig-
Evil nificant adults in their lives are available to help

them cope with their trauma. Temperament
theory is applicable here too, as more evidence supports the
notion that children are born with a strong bias favoring cer-
tain moods and styles of reacting. All such temperamental
characteristics can be changed by experience, and all require
certain experiences to be actualized. This supports the critical
influence one's environment and nurturance play in directing
these temperamental qualities to channel them in a healthy,
functional, nonviolent direction.

With this in mind, what's being done about it? The Child Wit-
ness to Violence Project (CWVP) at Boston City Hospital is
based on the premise that early intervention can
help ameliorate the long term adverse effects of
exposure to violence. They work in a collabora-
tive effort providing counseling and support ser-
vices to children and their families as well as train-
ing and consultative services to the police and com-
munity. This unique link is crucial since police
officers are often the first on the scene of violent
events, in a position to make appropriate referrals,
and need proper resources and support to best serve

children and families caught in violence.

Evil

The notable success of the program equals the com-
mitment of the Project Director, Betsy McAlister Groves, LICSW
and her dedicated staff. Evidence of the project's accomplish-
ments includes the police department's positive response to
working together. What was initially intended to be a more
didactic police seminar on child development and the dynam-
ics of family violence has evolved into a two-way exchange where
all involved have an opportunity to learn about the experiences
and knowledge unique to their working environment. This situ-
ation has provided officers with an outlet to express their con-
cerns and frustrations. Furthermore, the service provider's un-
derstanding of what actually occurs when the police respond to
domestic violence calls and the dangerous situations they en-
counter has been enhanced.

FORUM 5

The primary sources for referrals to CWVP come from the hos-
pital community, followed by the police and other criminal jus-
tice agencies. Evidence that awareness of the problem and iden-
tification of CWVP's services has grown is reflected in the in-
crease in referrals from community sources and the families
themselves. Some problems endured have been in confining
the scope of their services to referral sources, maintaining uni-
formity in the context of which police referrals are made, and
the need for transportation for clients to obtain counseling. Ide-
ally, more families might utilize their services if the project
could reach further into the community. Better coordination is
needed between the services provided for adults and children.
It is also important for all those involved in a violent family
situation to recognize that services are still needed even after a
crisis is over. Likewise, besides the traditional reluctancy found
among families in violent homes to receive services, issues per-
taining to cultural differences in parenting practices have also
surfaced.

Clearly intervention in this manner contributes tremendously
to not only breaking the intergenerational cycle of violence, but
treating the often unnoticed bystanders so deeply affected, the
children. More research is needed to obtain accurate data spe-
cifically about children who witness domestic violence, includ-
ing those emotionally
scarred, if not physically in-
jured. We need to educate
professionals, especially
those in health care and edu-
cation, to think of violence
as a public health problem
and encourage them to ask
appropriate questions to
identify those in need. If the
topic is approached more
matter-of-factly, avoiding
the tendency to create a feel-
ing of inappropriate intru-
sion into a private, embar-
rassing domain, more chil-
dren could be provided with
a means of expressing their
distress and concerns and
discovering that this hap-
pens to others. These chil-
dren should be provided
with not only the resources
to break the cycle, but the
skills needed to identify re-
sources on their own. Many
children, especially those
with histories of witnessing
domestic violence, will most

likely confront potentially violent situations in their future.
Thus, they need to be equipped with the strength and ability to
deal with these situations appropriately, so they may grow and
develop to their full potential.

All inquiries about CWVP can be directed to Betsy McAlister
Groves, LICSW, at (617) 534-4244.

Also note that the Transition Subcommittee of the Governor's
Commission on Domestic Violence has on its agenda to evalu-
ate all existing research on children exposed to domestic vio-
lence. Contact Judith Lennert, Esq. at the Massachusetts
Coaltion of Battered Women Service Groups.

A recent study at the
Pediatric Primary
Care Clinic in Bos-
ton City Hospital
found that one in ten
children had wit-
nessed a shooting or
stabbing before age
six years; half of
these incidents were
at home.

[Rhiana Kohl, Ph.D. is the Deputy Director for the Statistical Analysis Center at (
the Executive Office of Public Safety's Program Division]

Governor's Commission

Domestic Violence

Andrea M. Delfino. Layout & Design

The Governor's Commission on
Domestic Violence is welcoming
contributions for the Spring 1995
issue. Please call or send in ideas for
articles and letters to Andrea Delfino
at the Executive Office of Public
Safety's Program Division, 100 Cam-
bridge Street, 21st Floor, Boston, MA
02202. For publication in the Spring
Edition of FORUM, submissions must
be received by April 14, 1995.

The views and opinions expressed in
FORUM are those of individual
authors and do not necessarily reflect
the views of the Commission.

FORUM is a periodical of the Executive Office of
Public Safety published in collaboration with the
Governor's Commission on Domestic Violence.
Its purpose is to provide a forum for discussion and
serve as a clearinghouse for information on the
issues addressing the declared public emergency of
domestic violence. We welcome your comments
and story contributions to FORUM.

FORI AI

FORUM 6

- An Update on the Work of the
Subcommittees of the Governor's
Domestic Violence Commission

omm unity Education

ransition

Working Groups

AFDC

Affordable Housing
Child Protection

The primary goals of the subcommittee is to increase community awareness around the issues of
domestic and teen dating violence. In October, 1994, the teen dating subgroup, with Lt. Governor
Cellucci, outlined to the Board of Education, the importance of addressing teen dating violence in
schools and encouraged the establishment or comprehensive school based educational and support/
intervention services addressing teen dating prevention. The subgroup is working with the Depart-
ment of Education on implementation. Also, in the fall, members of the subcommittee participated in
a forum on responsible media respone to domestic violence to students at Emerson College, and the
health care subgroup wrote draft guidelines establishing roundtables on domestic violence for health
care providers. The subcommittee's goals for 1995 are: 1) to work with Department of Education in
establishing initiatives in schools statewide; 2) to provide more forums on role of media and domestic
violence prevention; 3) to dialog with the batterer intervention sub-group the need for public aware-
ness around batterer intervention programs.

It is believed that over 3 million children witness parental violence nationally each year. The Massa-
chusetts Department of Social Services estimates that domestic violence is present in upwards of 70%
of its substantiated child abuse and neglect cases. Experts agree that the children of domestic violence
are at risk of deep and enduring harm as a result of their exposure to the abuse of their mothers.

In order to help develop a comprehensive policy response to this problem, the subcommittee has the
following goals: 1) to collect and analyze the clinical evidence of both short and long term damage;
2) starting from areas of general expert agreement, to determine what policy initiatives emerge that
would constitute an effective response to children already harmed by exposure to domestic violence,
empower battered mothers to protect and care for their children, and also prevent additional injury to
the children of abused or at-risk women; and 3) to develop a set of specific policy and resource
recommendations.

legislative

Representatives with substantive expertise in the areas of child protection, domestic violence and
family law are participating with the assistance from two social work graduate students. Point person
for the project is Judith Lennett, the Project Safe Family Coordinator of the Massachusetts Coalition of
Women Service Groups.

The subcommittee has developed and submitted to EOCD proposed policies for "Domestic Vio-
lence Transfers Within Local Housing Authority Developments" and "Domestic Violence Transfers
Between Different Local Housing Authorities"; as well as proposed criteria for the "Substantiation
of Need for Domestic Violence Transfer" and "Substantiation of Homelessness Due to Abuse".
Currently, these practices are erratic across the state and battered women are often not aware that
they can transfer their housing if they are at risk. Our goal is to have EOCD issue model policies,
conduct domestic violence trainings for housing authority and housing facility staffs, and produce
a brochure informing battered women of their safety options for this initiative so they can explore
its feasibility. Point persons for this Working Group are Cathy Green, Mass. Coalition for Battered
Women Service Groups and Barbara Zimble, Greater Boston Legal Services.

The AFDC working group has met twice with the Commissioner and staff of DPW and brought to
their attention recently obtained research which indicates that the majority of welfare recipients in
several states are victims of domestic violence. A project is being undertaken with DPW to survey
AFDC recipients to determine how many of them are, or have been, victims of domestic violence
and how the violence has impacted them economically.

Two laws that will strengthen the ability of law enforcement officers to act swiftly in certain cases
of domestic violence were recently signed into law by the Governor. The laws, An Act to Reform
the Warrant System and An Act Authorizing Arrest Without A Warrant in Misdemeanor Domestic
Violence Cases, were two of the top legislative priorities of the Commission. The subcommittee
will begin reviewing the domestic violence legislation filed for the 1995 session as soon as
committee assignments and bill numbers have been designated.

FORUM 7

u

niform Enforcement

The next meeting of the Uniform Enforcement subcommittee was scheduled for March 8, at the
office of the District Attorney Tom Reilly, 440 Thorndike Street, Cambridge. The purpose of the
meeting is to discuss and review the Uniform Enforcement Standards for Prosecutors and Police
distributed to all Police Chiefs and District Attorneys this past July. Letters have gone out to the
Chiefs of Police throughout the Commonwealth inviting their comments and suggestions. We will
also be discussing any new tasks for the subcommittee in 1995, including enforcement of the
standards.

B

atterer Intervention

The Department of Public Health has completed the revision of the Massachusetts Standards and
Guidelines for the Certification of Batterer Intervention Programs. The revisions were based on
testimony received from public hearings held in the fall on the revised guidelines recommended by
the subcommittee.

F

r o m The Hill

December 28, 1994

Governor Weld signed an Act Regulating the Warrant System. A new
computerized system will be established and will allow police officers
to act on an electronic warrant. The Warrants legislation was
identified as a priority of the Governor's Commission on
Domestic Violence.

January 13, 1995

Governor Weld signed an Act Authorizing Arrest in a
Misdeameanor Domestic Violence Case. This law clarifies police
power in making arrest without warrant, and was a legislative priority
for the commission.

January 24, 1995

Governor Weld and Lt. Governor Cellucci filed the FY 96
House One Budget which includes SI 9.9 million for domestic
violence prevention spending, a 45% increase over fiscal year
1995 spending levels.

February 14, 1995

Witness to Violence, a national collaborative public artwork
created by Bob Markey and designed to heighten public

awareness of male violence against women was displayed at a
State House event. Legislators, advocates and members of the
commission participated.

FORUM

Executive Office of Public Safety
Program Division
100 Cambridge Street, Room 2100
Boston, Massachusetts 02202

Executive Office of Public Safety

William F. Weld, Governor, ArgeoPaul Cellucci, Lt. Governor, Kathleen M.O Toole. Secretary, Executive Office of Public Safety;
Brooke White Sandford, Executive Director, Governor's Commission on Domestic Violence

M%

&(,*•*' •»"(yrn/9L/g.

VOLUME 2, NUMBER 2

JUNE, 1995

I!

Ill

D

m

Governor's Commission on
Domestic Violence

Commentary

'

The Police and Elder
Domestic Violence

John S. Scheft

Director of the Elderly Protection Project
Office of Attorney General Scott Harshbarger
and

Donna Reulbach

Director of Protective Services, Executive Office of Elder Affairs

Our rapidly increasing elder population affects
any community problem currently addressed by
law enforcement. Domestic violence is no exception.

While the police response to domestic violence is
largely the same regardless of the age of abuser or
victim, there are aspects of elder domestic violence
that differentiate it from incidents involving younger
people. Often, there are different dynamics to elder
abuse. Furthermore, officers have the additional legal
and ethical responsibility to report cases to their local
protective service agency.

vio

hile the dynamics
of elder domestic
violence may be
different, its impact on victims is
similar. We sometimes fail to see
this because elders are typically
not as vocal as younger victims.
They tend to suffer in silence.
Heightened awareness is the key
in a world all too ready to accept
an elder's implausible explanation
about a visible injury, attribute
it to "poor health" or "complain-
ing, " or dismiss it because the
traumatized elder appears
"senile."

Dynamics

The dynamics of elder abuse differ in several
important ways. First, elder victims are more reluctant

to report abuse. They grew up in a time when family violence was more accepted and, for the most
part, viewed as a private family matter. In addition, elders may be extremely afraid that removal of
the abusive caregiver will force them into a nursing home or result in retaliation by the caregiver
once he or she is released from custody. Elders may be less aware of the availability of restraining
orders than younger victims, which necessitates that officers be particularly careful in explaining the
elder victim's rights.

Second, the perpetrators of elder domestic violence cover a broad spectrum. Unlike younger couples,
elder abuse is not confined to partners. Most cases involve a spouse, but a good percentage of the
abuse comes from the hands of a child, relative or other non-related caregiver who visits the house.
Most abuse is intergenerational and perpetrated by overwhelmed caregivers — many of whom are
elders themselves. At present, 10% of the people over age 65 are old enough to have children over 65.

Third, elder violence increasingly involves a woman abusing a man, sometimes quite seriously. In
the typical case, a previously abused woman will turn on her spouse as his health deteriorates. Police
may tend to overlook these situations because they are so used to encountering male perpetrators.
However, officers must respond to victimization regardless of the gender of the abuser.

While the dynamics of elder domestic violence may be different than other forms of domestic
violence, its impact on victims is similar. We sometimes fail to see this because elders are typically
not as vocal as younger victims. They tend to suffer in silence. For this reason, officers and other
professionals must investigate any signs of abuse, no matter how subtle, to avoid overlooking

potentially abusive situations. Heightened
awareness is the key in a world all too ss

ready to accept an elder's implausible
explanation about a visible injury, attribute
it to "poor health" or "complaining," or
dismiss it because the traumatized elder
appears "senile."

These cases require a greater degree of
patience on the part of responding officers.
Officers must be sensitive both to the elder's
reluctance to report incidents as well as to any
sight, hearing or memory impairment that may make
it difficult for the elder to relate what happened.

Mandatory Reporting

Another critical aspect of elder domestic violence is the
officer's additional responsibility, beyond those obligations
imposed by Chapter 209A, to report elder abuse to elder
protective services. At present, 27 local agencies under the
direction of the Executive Office of Elder Affairs receive
and investigate reports and attempt to provide services.

In a nutshell, Chapter 19A mandates: When officers have
reasonable cause to believe that an elder, who is 60 years
of age or older, has suffered or is suffering from:

• Abuse (injury caused by someone's physical, sexual or
emotional conduct); or

• Financial Exploitation (substantial financial loss to the
elder caused by someone's actions or failure to act); or

The problem of elder

abuse is too complex

to be addressed solely

by the police.

»

• Neglect (a caretaker's refusal or failure
to provide one or more of the basic
necessities of life); or from a combina-
tion of these acts,

officers must immediately make a verbal
report to their local protective services
agency or to the local elder abuse hotline:
1-800-922-2275. They must also file a
written report within 48 hours of their
oral report. Reporting is so critical that
the law protects officers who file a report

from civil liability. On the other hand, failure to report may

result in a criminal fine up to $1,000.

The Police/Protective Service Alliance

The problem of elder abuse is too complex to be addressed
solely by the police. Police intervention can uncover and then
stabilize an abusive situation, but officers are not equipped to
provide the case assessment and follow-up services that are
so crucial to a resolution of the problem. Local protective
services agencies have the expertise to pick up where police
involvement ends. Services such as adult day care, meals,
transportation and counseling, to name just a few, can help
to change a chronic situation requiring repeated police
involvement to a less volatile one. This is why a strong
police and protective services alliance is at the heart of
preventing and responding to elder abuse.

For further information, contact John Scheft, 617-727-
2200 or Donna Reulbach, 617-727-7750.

A Message From the Director

Dear FORUM Readers,

I want to take this opportunity to introduce myself to the readers of FORUM. I have recently joined the
Executive Office of Public Safety as the Executive Director of the Programs Division— the grants
management program ofEOPS. I am an attorney and most recently worked as a Legislative Director
on Capitol Hill in Washington, D. C.

Having already attended a meeting of the Governor 's Commission on Domestic Violence and having
worked with a number of its members, I can see that there is a strong commitment in Massachusetts
to a comprehensive and coordinated interagency approach to reduce and prevent domestic violence
and to provide the highest level of protection and shelter possible to its victims.

Now that the U.S. Department of Justice has awarded a grant to Massachusetts under the Violence Against Women Act. I
look forward to working with the Commission to develop a statewide implementation strategy to maximize our resources.
This process will bring together representatives of law enforcement, prosecution, the courts and victim services providers.

The FORUM can serve as an important tool to increase public awareness of domestic violence and efforts in our state to
address it. I hope that you will share your views with us.

HAN M. PCTTCT

Sincerely,

w*

W.1&*WJh.

Page 2

FORI \f

Visitation Centers

Adult and

Child

Victims

Deserve

Protection

Sarah M. Buel

Assistant
District Attorney,
Norfolk County

All too frequently battered women in our
communities are forced to place their
children and/or themselves in physical
danger, in order to comply with court-ordered
visitation. Sometimes police departments are
asked to act as intermediaries and drop-off sites,
although they are ill-equipped to handle the
related problems, while conducting other law
enforcement business. Each community needs
at least one Visitation Center.

A Visitation Center is the ideal mechanism to
facilitate the safe exchange of children for
visitation and/or provide supervised visitation.
They are critical to reducing the opportunity for
further child and partner abuse, and serve to
minimize the trauma, fear and anxiety of at-risk
parties. In recognition of their integral role in
the network of social services, the state of
Arizona has statutorily mandated that each
county have a Visitation Center. They are
established not only to deal with family
violence situations, but also to help non-
custodial, abusive or neglectful parents gradu-
ally resume parenting responsibilities (particu-
larly if modeling of good parenting is needed).
Visitation Centers can provide a range of
services as the following case examples
illustrate:

Case #1: A divorce is pending in which a
restraining order has been issued against the
abusive husband/dad, with the judge ordering
visitation on alternate Saturdays and Sundays,
from 10 am to 6 pm. Mom expresses fear of
Dad coming to her home to pick up and drop
off the children because she could be further
endangered. In this scenario, Mom has not
reported physical harm to the children; a safe
place to exchange the children for visitation is
needed. At their neighborhood Visitation
Center, Mom would drop off the children at
9:30 am and return to pick them up at 6:30 pm.
Dad would pick up the children at 10 am and
return them at 6 pm. In the intervening half
hours, the children would play in large, brightly
decorated and equipped rooms, with trained

staff. The best Centers also offer support groups
for children to process all the changes, trauma
and conflicts occurring in their lives.

Case #2: Mom is a battered woman and
recovering substance abuser who lost custody of
her child during drug treatment. She is now
seeking to regain custody, but acknowledges that
she sometimes hits her child too much, espe-
cially when he has temper tantrums. In this
case, the Visitation Center can set up supervised
visitation so that Mom has a trained therapist
with her to assist in difficult parenting situations
during visits. Parents who observe non-violent
parenting change their methods more quickly
than parents who are told what to do.

Pat Kelleher, the founder and executive
director of the Brockton Family and Community
Resource Center's Visitation Center recom-
mends that a Visitation Center begin by being
open two evenings a week from 3 to 7 pm and
all day Saturday or Sunday. Her experience
indicates that the following start-up staff is
necessary:

• A full-time coordinator;

• Many volunteers (5 per each full day and
2 for each week night);

• A security officer; and

• A case supervisor (a consultant child
therapist).

In addition, a new Visitation Center will need:

• Supplies (snacks, diapers and playthings for
children);

• Resource materials about associated legal
and social service agencies;

• Liability insurance; and

• Space for separate entrances for custodial
and non-custodial parents, play areas,
waiting areas and parking facilities visible
to the security guard.

For further information, please contact
Pat Kelleher, 508-583-5200.

FORUM

Page 3

Domestic Violence
Show Cause Hearing

Andrew P. Quigley

Hingham District Court, First Assistant Clerk Magistrate

There is no question that domestic
violence is an area of the law
which deserves special treatment
by the criminal justice system. But at
present, the specific statute, G.L. c. 218,
s. 35A, which most often is invoked
when civilian complainants come to a
clerk-magistrate does not recognize the
unique nature of the crimes associated
with domestic violence.

If indeed clerk magistrates should
handle crimes involving domestic abuse
differently than other crimes, then the
statute should be rewritten to make such
a distinction. Without specific statutory
direction, each clerk magistrate is left in
the position of having to follow his or
her "gut" instinct when confronted with
an application from a domestic violence
victim, a situation which inherently
provides for a lack of uniformity in the
manner in which the court system
addresses this pressing issue.

A dilemma which frequently confronts a
clerk magistrate of the district court is
what action he or she should take on an
application for a criminal complaint in
which it is alleged that a defendant
either has committed certain misde-
meanor crimes (usually in the form of
threats [G.L. c. 275, s.2] or an assault
and battery [G.L. c. 265, s. 13 A] which
have formed the basis for the issuance of
a c. 209A restraining order or has
committed a violation of an existing
c. 209A restraining order (which also
is a misdemeanor).

G.L. c. 218, s.35A provides that when
an individual has been accused of a
misdemeanor, she or he is entitled to a
hearing (commonly referred to as a
show cause hearing) before a clerk

magistrate with notice, although a clerk
magistrate may act upon the application
and issue criminal process without
notice to the defendant if the clerk
magistrate determines "that there is an
imminent threat of bodily injury."

The predicament for a clerk magistrate
arises when the complainant who is
bringing forward the application
expresses a fear of the alleged perpetra-
tor and a desire not to confront the
defendant at a show cause hearing. In
addition, clerk magistrates are cognizant
of the general propensity for violence in
domestic abuse cases which we read
about in the headlines on a daily basis.

Thus, the clerk magistrate must
decide whether to provide the
accused with his statutory right
of "an opportunity to be heard person-
ally by counsel in opposition to the
issuance of any processes on such
complaint" or whether to accede to the
alleged victim's desire to have action
taken upon the application as soon as
possible and without a hearing.

At a recent domestic violence training,
an instructor suggested that clerk
magistrates should consider issuing
warrants as a first option, rather than
scheduling hearings. The explanation
was that a defendant accused of criminal
offenses may become enraged and attack
the complainant prior to the hearing.

Such logic inverts the statutory scheme.
G.L. c. 218, s. 35 A presumptively
entitles the accused to a hearing, unless
it is shown to the clerk magistrate that
there is a threat of imminent harm. But,
at the seminar, it was recommended that
clerk magistrates issue a warrant unless
they believe that there is not an immi-
nent threat of harm.

By law, a clerk magistrate is a
neutral and detached judicial
officer whose duty it is to
ensure that the statutory and constitu-
tional rights of an alleged defendant
are not violated. In this context, clerk
magistrates serve as the gatekeepers
of the criminal justice system when
confronted with requests for search
warrants, arrest warrants, and the
issuance of criminal process brought
forward by the police. But now clerk
magistrates are being urged to abrogate
that role and open the gates, so to
speak, when domestic violence is at
the center of the issue.

In addition, issuing process without a
full hearing may not be in the victim's
best interest. Any lawyer worth his or
her salt will file a motion to dismiss the
complaint before the judge on the basis
that the defendant was not afforded his
right to a hearing. If the judge allows
the motion, then the complainant must
start the process all over again, a
daunting task which can only add to
the victim's mistrust of the system.

In our court, we have issued arrest
warrants based upon ex parte testimony
under oath and on tape from civilian
complainants. However, we also have
denied requests for ex parte action on
applications for complaints because of
the competing interest of the defen-
dant's right to a hearing. But the
decision is never an easy one.

For further information, contact
Andrew Quigley, 617-749-7000.

Page 4

FORUM

Recent
Events

Victim Rights Strengthened

On May 16, Governor William Weld signed the new Victim Bill of
Rights into law to benefit victims of domestic violence and other
crimes. The new law establishes new rights for crime victims and ex-
pands their rightful role in the criminal justice system. The law takes
effect on August 13, 1995. More information will appear in the next
issue of FORUM.

Inter-Faith Conference on
Domestic Violence

Are clergy part of the solution or part of the
problem when congregants suffering from
violence in their homes come to them for help?
Clergy and laity from numerous faith persua-
sions met in June to discuss the impact of
domestic violence on their congregations,
society and themselves.

The day's program centered on the outstanding
video Broken Vows — a production of the Center
for Prevention of Sexual and Domestic Violence
(COSDV) in Seattle, Washington.

For more information, contact Heidi Urich at
MOVA, 617-727-5200.

Conference on Immigrant
Battered Women

What extra obstacles does an immigrant woman
face when she is abused by her United States
Citizen (USC) or Legal Permanent Resident
(LPR) husband? Can she report the abuse to
authorities without fear of deportation? Can the
abuser use immigration law as a weapon
against her?

Thanks to new immigration laws contained in
the federal Violence Against Women Act,
abused women in these situations finally have
legal options. Those options include "self-
petitioning" and suspension of deportation. A
New England regional conference addressing
the new law was held June 6 at Clark Univer-
sity in Worcester.

For more information, contact: National
Immigration Project/National Lawyers Guild,

617-227-9727.

MOVA Hosts
African Delegation

Does the term "crime victim" have a universal
definition? The Massachusetts Office for Victim
Assistance hosted a delegation of leaders from
the judicial systems of 21 African countries who
had especially requested information on the
emerging field of victim rights. The leaders
were on a one month tour of the United States
under the auspices of the U.S. Information
Agency.

The definition of domestic abuse presented a
particularly controversial topic for this interna-
tional assembly which consisted of representa-
tives from Napoleonic, Islamic and Anglo-
American judicial systems.

The seminar included presentations by victim
advocates from the Suffolk District Attorney's
office, Roxbury's Living After Murder Program
(LAMP), MOVA, and the Attorney General's
office. Genet Bekele, an Ethiopian-born advo-
cate working for the crime victim services
section of Boston's International Institute,
provided a bridge between African and U.S.
cultures.

For more information, contact Cheryl Watson
at MOVA, 617-727-5200.

FORUM

Page 5

Update

Commission
Subcommittees

Transition

The Needs Assessment Working Group will hold focus groups this
summer on the special needs of substance-abusing, mentally ill and non-
English-speaking battered women. The AFDC/Battered Women Work-
ing Group is working with the Department of Transitional Assistance
(formerly the Department of Public Welfare) to survey AFDC applicants
and recipients to determine the prevalence of domestic violence in each
group and its impact on their need for AFDC. The Children of Domestic
Violence Working Group has completed a second draft of its report,
analyzing available research on the issue. The draft will be circulated to a
wide circle of experts in the fields of domestic violence and child abuse.
The Civil Court Advocacy Working Group has been working to educate
the legislature about the need for SAFEPLAN, a statewide program to
place advocates in all district and probate courts. The Affordable
Housing Working Group has completed a redraft of "An Act to Provide
Housing for Victims of Domestic Violence, " and is working with District
Attorney Delahunt to refile it.

Legislative

The Legislative Subcommittee has reviewed more than 50 pieces of
pending legislation related to the protection of victims of domestic
violence. The subcommittee presented their recommended list of priority
bills to the Commission and asked for the Commission to vote on the
recommended pieces of legislation in April. Upon receiving approval of
the full Commission, the Lieutenant Governor sent a letter to legislators
outlining the legislative priorities of the Domestic Violence Commission.

Uniform
Enforcement

The Uniform Enforcement Subcommittee has been meeting to update
the 1994 Uniform Enforcement Standards for Police and District
Attorneys in Domestic Violence cases. Letters were sent to police depart-
ments and district attorneys throughout the state requesting their input for
updating the Standards. The subcommittee intends to present the revised
version to the Commission on July 13, 1995 for their review.

Community
Education

The Community Education Subcommittee reports one of the greatest
barriers to educating communities about and intervening in the
widespread and very serious danger of teen dating violence has been the
lack of a cohesive compilation of teen resources for schools and other
community organizations to use in their abuse prevention efforts.
Responding to this need for a resource guide, and in conjunction with
the Teen Caucus of Massachusetts Coalition of Battered Women's Service
Groups, the Massachusetts Criminal Justice Training Council, the
Executive Office of Education and the Department of Education, the
Community Education subcommittee in May published a 43-page booklet,
"Resources for Teens Offered by Battered Women s Programs of Massa-
chusetts." Questions? Contact Ann Toda at 617-727-1313 x275.

Newsletter

The Newsletter Working Group welcomes contributions for the
September issue. Please call or send in ideas for articles to the editor
as soon as possible.

Page 6

FOR CM

COMMITTEES... COUNCILS...

Greater Boston Regional Legal Advocacy Committee

Jean C. Haertl

Massachusetts Coalition of Battered Women's
Service Groups

Domestic Violence Council

Valenda Applegarth and Sandy Lundi

Governor's Commission on Domestic Violence
Boston Floating Hospital Family Advocacy Clinic
A.W.A.K.E. Program, Childrens Hospital, Boston
A.W.A.R.E. Program, New England Medical Center

Boston Area Rape Crisis Center

Mary Coonan

Cambridge Women's Commission, D.V. Task Force

Nancy Ryan

Massachusetts Parole Board, Victims Services Unit

Marcia Hill

Massachusetts Office for Victim Witness Assistance

Marilee Kenney Hunt

Dorchester District Court, D.V. Roundtable

Hon. Sidney Hanlon

Roxbury District Court, D.V. Roundtable

Hon. Gordon Martin

Attorney General's Family and Community
Crimes Bureau, A.A.G. Diane Juliar

Barnstable District Attorney's Office, D.V. Unit

A.D.A. Tom Kirkman

Berkshire District Attorney's Office, D.V. Unit

Elizabeth Keegan

Bristol District Attorney's Office, D.V, Fall River

V.W. Michelle Stanton

Essex District Attorney's Office, D.V. Unit

Lawrence, Massachusetts
Lynn, Massachusetts

Hampden County District Attorney's Office, D.V. Unit

A.D.A. Maria Rodrigues

Middlesex County District Attorney's Office, D.V. Unit

A.D.A. Beth Merachnik

Norfolk County District Attorney's Office, D.V. Unit

A.D.A. Marianne Hinkle

Northwestern County District Attorney's Office,
D.V. Unit, A.D.A. Susan Loehn

Plymouth County District Attorney's Office, D.V. Unit

A.D.A. Nancy Adams

Suffolk County District Attorney's Office, D.V. Unit

A.D.A. Andrea Cabral

Worcester County District Attorney's Office, D.V. Unit

A.D.A. Phil Shea

617-891-0724

617-248-0922

617-357-5757
617-727-2040
617-956-5255
617-735-7979
617-956-1488

617-492-8306

617-349-4697

617-727-3280

617-727-5200

617-288-9500

617-427-7000

617-727-2200

508-362-8113

413-443-5951

508-997-0711

508-688-1147
617-599-8094

413-781-8100

617-494-4050

617-329-5440

413-586-9225

508-548-8120

617-725-8600

508-797-4334

Executive Office of Public Safety

Programs Division

100 Cambridge Street, Room 2100

Boston, MA 02202

William F. Weld
Governor

Argeo Paul Cellucci
Lt. Governor

Kathleen M. O'Toole

Secretary of Public Safety

Jonathan M. Petuchowski

Executive Director

Executive Office of Public Safety

Programs Division

RaiKowal

Managing Editor
617-727-6300 x305

Contributing Editors

StaceyKabat

617-482-9497

Rhlana Kohl

617-727-6300x317

Marilee Kenney Hunt

617-727-5200

Sheila Connelly

Layout and Design

jrpORUM is a periodical of the Execu-
A uve Office of Public Safety, Programs
Division, published in collaboration with
the Governor's Commission on Domestic
Violence.

Its purpose is to provide a forum for
discussion and serve as a clearinghouse
for information on the issues addressing
the declared public emergency of domes-
tic violence. We welcome your comments
and story contributions to FORUM.

The views and opinions expressed in
FORUM are those of the individual
authors and do not necessarily reflect
the views of the Commission.

FORUM

Page 7

.T.O.P.

V

1995

S.T.O.P,

1995

1995

S.T.O.P

Violence Against Women

Formula Grant

Award

In June 1995, the Massachusetts Executive Office of Public Safety was

awarded $426,324 by the Violence Against Women Program, Office of Justice
Programs, U.S. Department of Justice, to implement the 1995 S.T.O.P. Program.
The Program is authorized under the 1 994 Violence Against Women Act.

The purpose of the S.T.O.P. Program (Services'Training' Officers- Prosecutors)
is to develop and implement effective law enforcement, victims services and
prosecution strategies to combat violent crimes against women. Those interested
in learning more about the awards that will be made under this grant should
contact Program Director, Rai Kowal at 617-727-6300 x305.

FORUM

Executive Office of Public Safety

Programs Division

100 Cambridge Street, Room 2100

Boston, Massachusetts 02202

WV7

^W>y' 1^M7I/F 77/^/3

VOLUME 2, NUMBER 3

November, 1995

III

II!

I

M\

Governor's Commission qn
Domestic Violence

OH

- l

Commentary

.*»

B

y the end of the
conference, almost
every participant

responded on their evaluation
forms that the most significant
points they had learned were
that victims should
not be forced to choose between
God and safety and that the
sanctity of marriage is broken
by violence, not divorce.

Put the Light on It:
Religious Communities

Respond to Domestic Violence

By Randi Donnis, Reverend Gerald Osterman,
Reverend Jessie Owens, and Reverend Cheng Imm Tan

As representatives of the growing number of
clergy and religious community activists
seriously concerned about domestic violence, we are
working together to raise awareness and develop
effective responses to this epidemic. With family
violence being the source of so many of the crises
that plague our neighborhoods, it is an issue that
leaders charged with the spiritual, moral, and social
development of religious communities must address.
(In this article, the term "family" is broadly used to
refer to a couple, whether married or not, and any

children in their care. ) We are actively working

within our respective religions to move through and beyond the silence and denial that have all too

often marked traditional religious responses to this problem. We are also finding strength together as

an interfaith community to ensure that victims are provided with effective and comprehensive

services. In order to develop the vital role that religious groups need to take on a role that, if not

accepted, will continue to leave a gap which compromises the safety of victims and the future of our

communities- three key areas must be addressed:

1 . education of religious leaders on domestic violence;

2. development of cooperative relationships between religious and secular professionals in dealing
with domestic violence;

3. active involvement of clergy and congregations in responding to and preventing domestic
violence.

On June 6th, we took a major step forward in addressing the first key area by sponsoring Put the
Light on It: Religious Communities Respond to Domestic Violence, a conference to train clergy and
other professional and lay religious leaders about the dynamics, extent and impact of domestic
violence. Funded by the New England Regional Office of Health and Human Services, this confer-
ence was co-sponsored by thirty Christian, Jewish, Buddhist, and Islamic organizations and drew 1 50
participants.

In order to create an educational environment most conducive to breaking through denial and increas-
ing awareness of the pervasiveness of family violence, the conference included teaching roles for
ethnically and religiously diverse secular professionals and clergy with experience in the field of
domestic violence. Equally important was the use of Broken Vows, a powerful film which explored
the dynamics of domestic violence through the experiences of formerly battered women and their
clergy.
Throughout the day, participants were taught that the primary goal when approached by a victim is to

U

protect her from further violence. Presenters

repeatedly emphasized that the immediate

clergy tasks in these instances should

include listening and believing, making

appropriate referrals to secular experts, and

addressing pastoral concerns. An interfaith

panel of clergy stressed that religious texts

should not be used to condone domestic

violence and that it is only human misinter-
pretation of the text that excuses violence in

the family.

By the end of the conference, almost every
participant responded on their evaluation forms that the most
significant points they had learned were that victims should
not be forced to choose between God and safety and that the
sanctity of marriage is broken by violence, not divorce. These
results were of particular importance since many religions
emphasize the sanctity and permanence of marriage and the
wrongness of its dissolution. These concepts have often
prevented clergy from working with secular professionals or
advising battered women to go to shelters, so this new
understanding was an important step forward.

The conference also helped many participants to develop new
links with domestic violence advocates, law enforcement, and
other secular experts. Building on these connections and the
dialogue that began with the clergy presentation at the May
meeting of the Governor's Commission on Domestic Vio-
lence, the religious and secular communities must continue to
strive for greater cooperation and a multidisciplinary ap-
proach that includes religious concerns. Because domestic
violence affects its victims physically, psychologically, and
spiritually, each of these areas must be addressed in order to
respond successfully to the primary needs of the people we
are trying to help. When religious issues get raised in the
midst of a crisis and cannot be addressed, they will inevitably
become obstacles to the victim's efforts to resolve the crisis.
All four authors of this article have worked with victims
whose first step to safety was meeting with a rabbi, minister,
or priest who could address their spiritual concerns. Only then
were these women willing to consider calling a shelter or
working with law enforcement. In addition, a victim's
religious beliefs, congregation, and community can provide
an important support system during and after a crisis involv-
ing family violence.

Cooperative relationships between religious and secular
professionals can also provide resources for the latter group.
If a client is expressing important religious concerns that you
feel uncomfortable with or unqualified to address, it could
prove extremely beneficial to be able to call upon a member
of the clergy who is trained to help and whom you know and
trust. Occasionally, religious communities can even provide
backup support for secular systems. When an observant
Jewish woman and her children fled here from another state
and no shelter space was available, several catholic nuns
provided temporary housing and worked closely
with the Jewish community to make sure that kosher meals

An interfaith panel of

clergy stressed that

religious texts should not

be used to condone

domestic violence ...
55

were provided and religious needs could
be met. Closer cooperation between our
groups can only lead to better informed
members of both the religious and secular
communities, thus strengthening all of
our abilities to respond more effectively
to families caught up in the cycle of
domestic violence.
Finally, it is essential for clergy and
religious leaders to develop effective
strategies for educating and engaging
their congregations, religious denomina-
tions, and local communities in the

struggle against domestic violence. Clergy can break the
silence on domestic violence and make the religious commu-
nity aware of local resources by:

- developing an action plan to follow if a victim or abuser
discloses (keep an updated list of shelters and resources);

- learning how to recognize the signs of domestic violence
and how to ask appropriate questions to identify victims:

- building a relationship with the domestic violence officer
at the local police station;

- giving sermons that address violence in the family:

- developing relationships with local battered women's
shelters;

- discussing couple's patterns of handling conflict and
discussing domestic violence when meeting for marriage
preparation or other life cycle events.

- providing regular training for staff, lay leaders, and
religious school teachers;

- including age appropriate material in religious school
curriculums.

We have all discovered that victims begin to come forward
and ask for help when we transform our congregations into
safe spaces where attitudes and behaviors that contribute to
an atmosphere of violence against women are not tolerated.
Religious leaders must be ready to respond to these requests
for support, and we need to be able to call upon the expertise
of secular professionals to provide the required resources. It
is of great importance that we work together in order to reach
the goal we share in common: the creation of safety, healing,
and peace within ourselves, our families, and our communi-
ties.

Randi Donnis Director of Public Policy, Jewish Community-
Relations Council of Greater Boston (61 7-457-8647)
Reverend Gerald Osterman Pastor. St. John-St. Hugh

Parish, Dorchester/ ' Roxbury (617-442-1431)
Reverend Jessie Owens Principal. Parkside Christian

Academy, Jamaica Plain (617-522-1841)
Reverend Cheng lmm Tan Unitarian Universalist Ministry
(617-739-6696)

Page 2

FORI \t

1995-Beijing China

U.N. Fourth
World
Conference
On the
Status of
Women

by

Stacey Kabat

As Marcia Gordon stood to tell her story
about being a formerly battered woman
from Roxbury, Massachusetts, women
from all over the world nodded their heads.
When she detailed the violence that she had
endured at the hands of her batterer and the lack
of response of the police force, tears began to
fall. And as she concluded by describing the
action she's taken in her community to change
this injustice, people joined her by sharing their
stories of violence and resistance. This was our
common experience in Beijing.

We traveled halfway around the world to attend
the Non Governmental Organization (NGO)
Forum for the United Nations Fourth World
Conference on the Status of Women in Beijing,
China. Women from over 1 85 nations gathered
to caucus and to lobby the governmental
conference that is held simultaneously to define
the agendas for the 21st century and chart the
course for the future for women around the
world.

The 1995 NGO Forum on Women builds on the
three previous Women's Forums and U.N.
conferences that marked the Decade for Women:
Mexico (1975); Copenhagen (1980); and
Nairobi (1985). In Huairou, outside of Beijing,
25,000 women from highly diverse back-
grounds: grassroots women; young women;
lesbians; older women; and indigenous women
gathered to network together, exchange informa-
tion, brainstorm on global strategies, interact
with UN and US officials, and work on the
document Platform for Action. The Document
was prepared for the governmental conference
to set the global agenda for women and has
twelve areas of critical concern: poverty;
education; health; violence against women;
effects of armed conflict; economic structures
and policies; inequalities in decision making;
gender equality; women's human rights; media;
environment; and the girl child.

At the conference, Marcia and I conducted a
workshop on domestic violence and human
rights. We each offered our stories of domestic
violence and screened Defending Our Lives, our
1 994 Academy Award winning documentary
that exposes the severity of domestic violence in
the United States. Following the film women
from Kenya, Cambodia, Bangledesh, Britain,

India, and Nigeria stood and shared their
hauntingly familiar stories of domestic abuse.
We then presented methods of documenting
domestic violence as a human rights violation
and shared our various strategies to mobilize
communities toward change.

Another exciting aspect about the conference
was we were able to meet with U.N. as well as
U.S. officials. The U.N. Special Reporter on
Violence Against Women, who delivered a very
poignant speech on the human rights violations
that women face, informed us in her presenta-
tion that her second report to the United Nations
will focus on domestic violence as the number
one human rights violation that women face
internationally.

This gathering of grassroots and governmental
women from all over the world was a tremen-
dous opportunity to share and support each
other and declare our common goal in promot-
ing women's rights as human rights. Now more
than ever we value and understand the vital
importance of grassroots work. Against many
odds, from all corners of the world women
gathered to emphasize these points. Their
presence certainly spoke to their commitment
and renewed hope for the possibility of change.
We encourage everyone to join us in implement-
ing the Platform for Action in this decade, and
to mark your calenders for a future experience
of a lifetime and travel with us to the next World
Conference for Women ten years from now.

In August 1995, thanks to the sponsorship of the
Reebok Human Rights Program, Stacey Kabat
and Marcia Gordon, Executive Director and
President of Peace At Home, attended the NGO
Forum for the United Nations Fourth World
Conference on the Status of Women in Beijing,
China.

FORUM

Page 3

The Victim's Rights Law of 1995

by Shelagh Lafferty

Anew Victims Rights Law was
passed by the Massachusetts
legislature and became effective
on August 13, 1995. One of the most
important provisions in the law relative
to victims of domestic violence is the
expansion of the right to present a
Victim Impact Statement at sentencing.
In the past, only certain victims were
able to give Victim Impact Statements.
The new law expands that right to
include victims of domestic violence and
other crimes which causes physical
injury to a person. For domestic violence
victims, having the opportunity to
express the personal impact of abuse
through a Victim Impact Statement may
encourage more judges to impose
appropriate sentences on abusers and
take necessary protective measures to
enhance the victim's safety.

Another important change in the law is
the right of victims to request confidenti-
ality in the criminal justice system for
themselves and their family members. If
the court approves a victim's request for
confidentiality, no law enforcement
agency, prosecutor, defense attorney or
parole, probation and corrections official
is permitted to disclose or state in open
court the residential address, telephone
number or place of employment or
school of a victim or a victim's family
members. For domestic violence victims
who may have relocated or are con-
cerned about threats to themselves and
their family, this provision can limit an
abuser's access to this critical informa-
tion.

The law also mandates that prosecutors
meet with victims before key stages in
the criminal proceedings, including the
start of the case, a case dismissal, and
the sentencing recommendation. The
prosecutor is also required to confer
with the victim whenever a defense

motion has been made to obtain any
confidential records of the victim, such
as counseling or psychiatric records. In
addition, the prosecutor must now note
the victim's position on the sentence
recommendation, if known, to the judge.
These meetings will promote greater
communication between the victim and
the prosecutor and ensure that the
victim's views and needs are considered.
It will also help to assure that the
prosecutor has all information regarding
the true nature and consequences of a
crime, and that the victim has a clear
understanding of what punishment the
offender may receive and why. For many
domestic violence victims, these added
protections may mean the difference
between going forward with or dropping
criminal charges.

Similarly, the victim now has the
right to meet with the probation
officer prior to the probation
officer's filing of a full presentance
report. If the victim does not meet with a
probation officer, probation officers are
required to note in the report the reason
why contact did not occur. Again,
communication with victims will help to
ensure that probation officers have a
more complete view of the victim's
emotional, physical and financial
injuries and be better able to assess
whether a defendant would be an
appropriate candidate for probation.

Other responsibilities toward victims
created for probation officers under the
new law include: 1) the right to be
provided with a copy of the conditions
of probation, including a payment
schedule for restitution within thirty
days, along with the name and telephone
number of the probation officer assigned
to supervise the defendant; 2) notifica-
tion to victims whenever a defendant
who has been ordered to pay restitution

is seeking to modify the order; and 3)
the right to be heard at the modification
hearing. In the past, victims often
found out that a restitution order had
been reduced or vacated only after a
scheduled restitution payment had not
been made.

Finally, the law imposes a new
requirement on correctional
facilities and other custodial
authorities, including the Department
of Youth Services, to provide notice of
an offender's release in advance to
victims who have made a prior request.
For domestic violence victims, advance
notification will enable victims who
fear reprisals from an abuser to take
any necessary safety precautions. The
law also expands the existing notifica-
tion requirements to include, upon the
victim's request, advance notification
of an offender's movement from a
secure correctional facility to a less
secure one. Victims wanting advance
notification of an offender's release
should contact the District Attorney's
Office or the Criminal History Systems
Board.

The Massachusetts Office for Victim
Assistance has produced a brochure for
victims outlining the new provisions of
the Victim Bill of Rights. In addition, a
comprehensive handbook for victims.
entitled A Guide to Rights and Services
for Crime Victims in Massachusetts.
will soon be available to help crime
victims better understand the prosecu-
tion process, other aspects of the
criminal justice system, and their rights
as victims.

For more information, contact
Shelagh Lafferty at the Massachu-
setts Office for Victim Assistance at
(617) 727-5200

Page 4

FORIU

F.Y.I.

Upcoming

Events

Violence Against Women Act (VAWA)

The Executive Office of Public Safety will be issuing Violence Against
Women Act Grant applications on November 1 . Deadline for applica-
tion is November 30, 1995. Awards will be announced in December
1995. For Further information contact Rai Kowal at 617-727-6300 ext.
305

SCORE

Attorney General Scott Harshbarger's Office
will hold a SCORE conference at the Park Plaza
Hotel on November 2 & 3, 1995. SCORE is a
teen violence, peer mediation program. For
more information, contact Sheila Martin at
617-727-2200.

Annual Statewide Conference

The second Annual Statewide Prosecutor,
Advocate, Police Domestic Violence Confer-
ence will take place at the Seacrest Resort in
North Falmouth on November 9 & 10, 1995.

For more information, contact the Massachu-
setts District Attorney's Association at 617-
723-0642

Recent

Events

SAFEPLAN Massachusetts

SAFEPLAN Massachusetts, the Commission-
supported civil court advocacy project began in
Hampshire County on September 1 1, 1995.
SAFEPLAN Advocates are assisting victims of
domestic violence with 209A paperwork, safety
planning and community resource referrals in
Ware District Court, Northampton District Court
and Hampshire Probate and Family Court.

209A Forms

New 209A petition forms are in use as of October
1995. The forms were developed by a team that
included Commission members. A video tape and
manual explaining the forms have been produced
by the Judicial Institute.

For more information, contact Erica Bronstein at
the Judicial Institute, 61 7-742-8383

Domestic Violence Awareness
Month

October is Domestic Violence Awareness
Month. While many events have taken place,
these two were brought to our attention*:

-October 15, 1995, the Jane Doe Walk for
Women's Safety took place. Over four thou-
sand people took part, raising over $280,000 for
the Jane Doe Safety Fund.

-October 17, 1995, the 5th Annual Domestic
Violence Police Training was conducted by the
Attorney General's Office.

To have an upcoming or recently conducted event listed, please contact either Rai Kowal (617-727-
6300, ext.305) or Marilee Kenney Hunt (617-727-5200)

FORUM

Page 5

Update

Commission Leg ' sla ™e
Subcommittees

The Legislative Subcommittee has continued to track bills which are
important to the Commission, including aggravated assault and presump-
tion of custody bills. We are hopeful that the coming months will bring
passage of an elder assault and neglect law, a law to ensure the confidenti-
ality of victim's services and centers, and an aggravated assault statute.
Several other bills are still being reviewed by Judiciary Committee and the
Criminal Justice Committee, and we are urging the Chairs to take action on
those bills.

Community
Education

Newsletter

Goals for 1995-1996
Teen-Dating Violence

-Designing a model restraining order attachment which would address
teenagers' lifestyles and patterns when designing safety-plans.
-Developing model protocols and policies for schools and colleges in
reporting dating violence.

-Working with the Batter Intervention Subcommittee on developing
guidelines for working with adolescent offenders. Also, developing a
mechanism for training more male outreach workers for male teenagers
on issues of relationship violence.

-Sharing promising practices and resources with schools that develop
from the model school-based teen-dating violence intervention programs
beginning this fall, as well as evaluation and research from other schools
and programs addressing these issues.

-Recruiting people from Northeastern university program to develop more
college-based programs.

Health Care

-Developing training for clinicians on risk-management, possibly tying it
to CEU credits.

-Developing guidelines for clinicians on handling health care for the
abusers, as well as the abused.
-Developing further Roundtable guidelines.

-Collaborating with the health care providers group. C.O.B.T.H.. the
Conference on Boston Teaching Hospitals on some special projects.

Community Education

-Doing further awareness seminars for the media.
-Working closer with the Batterer Intervention Subcommittee on the
Commission and doing joint projects.

-Placing information and resources for victims of domestic violence in
women's public bathrooms in hospitals and universities, as well as with
beauticians and other places in which women are likely to be alone.
-Packets of information to women seeking restraining orders.
-Garnering and distributing more information on the effects of domestic
violence on children as a means of helping mothers look for help.

The Newsletter Working Group welcomes contributions for the
Winter issue. Please call or send in ideas for articles to the editor
as soon as possible.

Page 6

FORl'M

MASSACHUSETTS RAPE CRISIS

CENTERS

RCCM Fitchburg Office

Fitchburg, MA
Business: 508-343-5683
Hotline 1-800-870-5905

New Hope
ATTLEBORO, MA
BUSINESS: 508-226-4016 4015
HOTLINE 508-695-2113

North Shore Rape Crisis Center
BEVERLY, MA

BUSINESS: 508-927-4506
HOTLINE: 1-800-992-8722

Assabet Valley Rape Crisis

MARLBORO, MA
BUSINESS: 508-481-8290
HOTLINE 508-485-RAPE

Women's Resource Center

LAWRENCE, MA

BUSINESS: 508-585-2480
HOTLINE: 800-400-4700

RC Services of Greater Lowell

LOWELL, MA
BUSINESS: 508-452-7721
HOTLINE: 800-542-5212

A Safe Place

NANTUCKET, MA
BUSINESS: 508-228-0561
HOTLINE: 508-228-2111

Martha's Vineyard-Comm Services

VINEYARD HAVEN, MA
BUSINESS: 508-693-7900
HOTLINE: 508-696-SAFE

Stanley Street Treatment & Resources

FALL RIVER, MA
BUSINESS: 508-675-0087
HOTLINE: 508-575-0087

New Bedford Women's Center

NEW BEDFORD, MA
BUSINESS: 508-996-3343
HOTLINE: 508-99-WOMEN

Rape Crisis of Berkshire County

PITTSFIELD, MA
BUSINESS: 413-442-6708
HOTLINE: 413-528-9434

Women's Protective Ser-
vices

FRAMINGHAM, MA

BUSINESS: 508-820-0834
HOTLINE: 508-626-8686

CPASA Multi Service
Center

DORCHESTER, MA
BUSINESS: 617-427-4470 X350
HOTLINE: 617-442-6300

RCCCM Worcester

WORCESTER, MA
BUSINESS: 508-791-9545
HOTLINE: 508-799-5700

Everywomen's Center

AMHERST, MA
BUSINESS: 413-545-5832
HOTLINE: 413-545-0800

Y.WC.AAARCH

SPRINGFIELD, MA
BUSINESS: 413-732-3121
HOTLINE: 413-733-7100

Boston Area Rape Crisis
Center

CAMBRIDGE, MA
BUSINESS: 617-492-8306
HOTLINE: 617-492-RAPE

Blackstone Valley RCT

MILFORD, MA

BUSINESS: 508-478-8775
HOTLINE: 508-478-2992

NELCWIT

GREENFIELD, MA
BUSINESS: 413-772-0871
HOTLINE: 413-772-0806

Independence House

HYANNIS, MA
BUSINESS: 508-771-6507
HOTLINE: 800-439-6507

Plymouth County Rape
Crisis Center

BROCKTON, MA
BUSINESS: 508-580-3964
HOTLINE: 508-588-8255

Executive Office of Public Safety

Programs Division

100 Cambridge Street, Room 2100

Boston, MA 02202

William F. Weld
Governor

Argeo Paul Cellucci

Lt. Governor

Kathleen M. O'Toole

Secretary of Public Safety

Jonathan M. Petuchowski

Executive Director

Executive Office of Public Safety

Programs Division

Rai Kowal

Managing Editor
617-727-6300x305

Contributing Editors

Stacey Kabat

617-482-9497

Rhiana Kohl

617-727-6300x317

Martlee Kenney Hunt
617-727-5200

David Bratton

Layout and Design

TJiQRUM is a periodical of the Execu-

M. tive Office of Public Safety, Programs
Division, published in collaboration with
the Governor's Commission on Domestic
Violence.

Its purpose is to provide a forum for dis-
cussion and serve as a clearinghouse for
information on the issues addressing the
declared public emergency of domestic
violence. We welcome your comments
and story contributions to FORUM.

The views and opinions expressed in
FORUM are those of the individual
authors and do not necessarily reflect
the views of the Commission.

FORUM

Page 7

3.T.O.R
vl995 y

1995
S.T.O.P

Violence Against Women
Formula Grants

/

S.T.O.R

1 995

V

In June 1995, the Massachusetts Executive Office of Public Safety was awarded $426,324 by
the Violence Against Women Program, Office of Justice Programs, U.S. Department of Justice,
to implement the 1995 S.T.O.P. Program. The Program is authorized under the 1994 Violence
Against Women Act.

The purpose of the S.T.O.P. Program (Services , Training # Officers* Prosecutors) is to develop
and implement effective law enforcement, victims services, prosecution and court strategies to
combat violent crimes against women. Grant applications will be made available NOVEMBER
1, 1995 from the Massachusetts Executive Office of Public Safety Programs Division. Deadline
for grants submission is Thursday, November 30, 1995. Questions regarding the grant process
can be directed to Programs Director Rai Kowal at 617-727-6300 ext. 305.

FORUM

Executive Office of Public Safety
Programs Division
100 Cambridge Street, Room 2100
Boston, Massachusetts 02202