My Perspective, By Guest Blogger Jennifer Gentile Long, JD

If you’re a violence against women prosecutor, you have undoubtedly confronted barriers to effectively prosecuting your cases. You and your colleagues have struggled to overcome juror bias and misinformation in the courtroom, battled witness intimidation, collaborated with advocates and other allied professionals to eradicate challenges to victim participation, argued against challenges to the admissibility of evidence under Crawford-based case law and adapted to emerging technology employed by perpetrators to accomplish their crimes and evade detection. But what do you do when the barriers you face come from within your own offices? How do you counter criticism in the media or from political opponents-- that efforts to confront this violence that do not result in convictions demonstrate failure? In my experience as a prosecutor and in working with prosecutors around the world, it is critical to emphasize the following:   

Violence against women is a criminal act and offenders are dangerous.  Over the last two decades, research has revealed the seriousness of these crimes and the dangerousness of these offenders, both of which are too often minimized. For example, we have a greater understanding of lethality factors, a better comprehension of the impacts of stalking and the dangers posed by stalkers, and a more complete picture of the incidence and prevalence of sexual violence. Further, prosecutors now understand how and why to utilize lethality and risk considerations at hearings to decide bail and whether to issue no-contact orders. 

Bias and misinformation may be encountered within the system. Bias, misinformation, or a lack of information about these crimes on the part of prosecutors, allied professionals and laypersons can and does impact the exercise of discretion in investigations, charging decisions, court rulings, verdicts and sentences. Training, technical assistance and obtaining resources on the dynamics of these crimes, the negative consequences they cause to victims, and the importance of working collaboratively with multidisciplinary partners can help overcome these barriers.

The criminal justice system is a critical resource for victims of sexual assault, intimate partner violence, stalking, and human trafficking. When the system is ineffective or indifferent to victims, they remain vulnerable, offenders are not held accountable, communities become less safe and justice is not achieved.  Ultimately, prosecutors, as criminal justice leaders in their jurisdictions, are responsible for ensuring that the system operates in an informed, fair, victim-centered, and offender-focused manner.

Prosecutors play a critical role in achieving justice. Prosecutors must work with the understanding that legislatures enact broad criminal laws and that the enforcement of those laws by police and prosecutors define the difference between “law-on-the books and law-in-action."

It is dangerous to measure success by conviction rates alone. These are some of the toughest cases to prosecute and investigate and undue concern about conviction rates can lead to high attrition rates that keep these cases out of the court system. Measuring prosecution outcomes beyond conviction rates to determine whether processes are victim centered and assessing levels of victim satisfaction regardless of whether there is an arrest or conviction is critical to making prosecution decisions that accurately account for the barriers to victim participation and the consequences to victim and community safety when perpetrators go unpunished.  

Prosecutors have a duty to lead, and their important role in educating allied professionals and the public about these crimes cannot be overstated. Prosecutors and other allied professionals can contact AEquitas for resources, training and technical assistance to overcome barriers to successful prosecutions as well as to refocus prosecutors’ goals from obtaining convictions to achieving justice. 

Jennifer Long is the Director of AEquitas: The Prosecutors’ Resource on Violence Against Women. This project was supported by Grant No. 2009-TA-AX-K024 awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions findings, conclusions, and recommendations expressed in this publication are those of the author and do not necessarily reflect the views of OVW.

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EVAWI CFC Designation # is 11400  

In case you are unfamiliar with the CFC, it is the U.S. federal government’s workplace giving program. The CFC presents an opportunity for federal employees and military personnel to contribute to the charities and causes they believe in. The Campaign Locator will assist you in identifying your local CFC program.  For more information, please see the CFC page on our website or contact your CFC coordinator.

Not a federal employee or in the military, but still want to give to EVAWI? Think for a moment about any of your friends, family members, or colleagues who are federal employees or military personnel. Then take a moment and share this blog within your own social media network to help spread our message.

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Some of you may wonder; where does my money go? All donations support our programs, such as high quality, cutting edge training courses, and expert consultation – both for professionals in the field as well as survivors and their loved ones.

Here are a few examples of what your generous donation, however large or small, can do for EVAWI:

• $25 allows us to print and mail 500 bookmarks to spread the message of our Start by Believing public awareness campaign.
• $50 provides one hour of technical assistance for professionals who respond to the needs of victims and work to hold perpetrators accountable.
• $100 provides two hours of expert consultation with journalists, to influence media coverage and change public attitudes about sexual assault, domestic violence, and stalking.
• $445 funds one scholarship for a police officer, nurse, prosecutor, or victim advocate to attend our annual International Conference on Sexual Assault, Domestic Violence, and Stalking.

“Thank you so much for your time and technical assistance.  This will all be very helpful, and if there is a chance that this case can be salvaged, this will be it... You all are wonderful.”

-NCIS Investigator

Thank You!

On behalf of criminal justice and community professionals who receive critical training and assistance that would not otherwise be available, as well as the survivors of sexual assault, domestic violence, and stalking who receive a better response as a result, we express our heartfelt appreciation.

Even if you are unable to make a financial contribution, you can support our mission by spreading the word and engaging people in conversations about these difficult topics. Eliminating violence against women will require all of us to work in our own communities to make a difference.  

Teachable Moments...

As I was driving this week, I was brainstorming about what I wanted to write about in my next blog. The phrase “teachable moments” popped into my head, so I started thinking of how I have used unexpected opportunities to provide “nuggets” of information that change the way people view sexual and domestic violence.

I remember when I got my first job, working as a Sexual Assault Intervention Specialist for the US Navy in San Diego. Just before I started my new position, I went to a Thanksgiving dinner with my relatives. I remember specifically talking with my family about how frequent sexual assault is, and how most of the time the victim knows the perpetrator. I had a similar experience a few years later with my parents, after they listened to a radio interview early one Sunday morning.

I remember countless occasions where I have told someone what I do for a living – that I work in the field of violence against women. The conversation either went one of two ways: – Either “Wow, that must be hard work,” or a nod and a change of conversation. When the door was open, I tried to find a way to make at least one statement they could walk away with. I specifically remember one occasion where I was getting a pedicure, and the woman asked me what I do for work. After telling her what I do, she disclosed years of domestic violence, both witnessing it as a child and later as a victim herself. I was not only able to offer her someone to talk to, but also to share that other women had experienced similar violence as she had, which seemed to help her feel less alone and isolated.

Most recently, I went out to dinner with a friend of mine. On the way home, while we were talking about our children, the topic randomly changed to keeping our children safe from strangers. I took the opportunity to first validate the importance of being mindful of strangers, but also shared the truth, that unfortunately, most children who are abused know the person who is harming them. She was shocked, especially when I told her how many children are sexually abused.

These teachable moments have proven to be very effective for me, with my own family, my friends, in the community, and when working with professionals. I realize changing perceptions takes time. Each little nugget helps, and they can build upon each other.

I am going to share more experiences of using teachable opportunities, and I hope to hear some from you as well. How have you used a teachable moment with a criminal justice professional, or a community partner?

Language Matters: When Adjectives Facilitate Rapists

Recent comments by Representative Todd Akin from Missouri discussing so-called ‘legitimate’ rape once again highlight the power that the myth of “real” rape has on our society. While many have worked tirelessly to end this nonsensical perspective, it is clearly alive and well. What will it take for people to acknowledge that rape is rape regardless of the victim/offender relationship, regardless of the standing of the offender in the community, and regardless of the responses by the victim to this violence? While some may argue that these discussions are merely semantic, nothing is further from the truth. Labels such as “legitimate” or “real” or “acquaintance” are used for ranking purposes to indicate that some forms of rape are less serious than others. There is no acceptable ranking of “real” rape or “legitimate” rape or “date” rape or “acquaintance” rape.  There is only rape – a crime. It requires no adjective to denote the severity of it.

Terms such as “legitimate” rape allow individuals to somehow believe some rape is really rape (mythological rape), while other incidents are not really rape but rather lesser instances of regret or miscommunication or aggressive consensual sex or something equally ridiculous. These rankings and distinctions of types of rape perpetuate this nonsensical notion and prevent society from understanding that rape is rape, and rape is violence, and rape victims experience violence. Period. These false distinctions send messages to men that some behaviors are within the realm of permissibility (e.g., using drugs and alcohol to incapacitate a victim) rather than sending the message that those behaviors constitute rape. And as a result of these ill-conceived notions, rapists are allowed to roam freely in society committing additional rapes and other forms of interpersonal violence against adults and children. As research by Lisak and Miller (2002) clearly demonstrates, these “undetected rapists” commit crimes beyond rape and victimize children and adults alike.

The persistent myth of “real” rape and the tendency to rank order rape into legitimate and illegitimate, or serious and more minor crimes, is destructive and dangerous to all of society.  This archaic thinking encourages victims to question whether they should report their assaults if they don’t fit the common and mythical stereotype of violent rape or sexual assault. It allows some police officers to fail to fully investigate what may appear to them as an “illegitimate” rape.  It offers grand juries a way to avoid indicting a defendant even when there is corroborative evidence (see, e.g., http://www.star-telegram.com/2012/08/19/4190561/rape-unpunished-in-tarrant-county.html). It offers prosecutors a reason to decline filing charges in a case they don’t feel will be strong enough to convince a jury beyond a reasonable doubt. Finally, this destructive notion colors jurors’ ability to see rape as rape. And most importantly, it allows perpetrators to continue victimizing with impunity.

Repeat Rape and Multiple Offending Among Undetected Rapists.  By David Lisak and Paul M. Miller.  Violence and Victims, Volume 17, Number 1, pp. 73-84, 2002.

Dr. Rennison is an Associate Professor in the School of Public Affairs at the University of Colorado Denver. Her research focuses primarily on violent victimization with an emphasis on violence against women and minorities, research methodology, and measurement. Her recent research has been published in Feminist Criminology, Race and Justice, Violence Against Women, Violence and Victims, Journal of Quantitative Criminology and Justice Quarterly.  She can be reached at callie.rennison@ucdenver.edu

Dreaming of Equality by Guest Blogger Shirley Paceley

I am one of those people who get goose bumps when I think about the words, “with liberty and justice for all.”  It is a dream I have held onto since I was a young girl and discovered that some people were not treated well, or even hated, because of a characteristic they had.  For nearly 40 years, I have had the privilege to know many people with disabilities, both through my family and through my work.  I know people who were locked up at birth or shortly afterwards because they were different.   These folks were denied access to family and community and the very basics of human dignity.   I have marched beside people with disabilities calling for freedom as recently as 2009. 

We know that people with disabilities experience violence at alarming rates.  In recent months, five men in Milwaukee were charged for forcing a 17 year old female with intellectual disabilities to perform sex acts.  In Alhambra, California, a 6-year old girl in Special Education was sexually assaulted by fellow students in the restroom during lunch and recess.  And in Somerset, New Jersey, a staff member at a group home for people with disabilities was charged with sexually assaulting one of the residents.   There are countless voices and faces of people with disabilities who have experienced various forms of violence.  When does the ‘liberty and justice for all’ become a reality?

We need to stop treating people with disabilities as separate.  We need to stop trying to fix people who are just fine the way they are.  We need to stop focusing on what people can’t do and focus on what people can do.  ALL people have abilities, talents, dreams and contributions to make.  There is a huge difference between oppression and protection.  

So, what can one person do?   Invite people with disabilities to participate in collaborative teams that address violence issues.  Reach out to people with disabilities when you recruit for new employees and volunteers.  When you plan events, consider how to make the event accessible to the largest number of people possible.  When you see or hear someone being treated with disrespect, speak up. When you look at a person with a disability, see someone who has abilities.  When you think about someone with a disability, think about their abilities.    Join the dreamers who believe in the dream of “with liberty and justice for all” and know that all means ALL.

Shirley Paceley has worked with people with disabilities for 39 years and has a Master’s Degree in Clinical Psychology.  Shirley is the founder and director of Blue Tower Training in Illinois which has resources in 48 states and 16 countries.  Shirley serves on the Board of Directors of End Violence Against Women International and the Editorial Board of Sexual Assault Report.  Shirley is a published author, international trainer, advocate, counselor, and visionary.  Shirley is a survivor of childhood incest and has several siblings with disabilities.

A Learning Experience...

As a community educator for a rape crisis center, I often went to other social service agencies to give awareness presentations on sexual assault. I remember a specific presentation that I gave at a local domestic violence shelter, to several women living in the shelter.

I was trained as a dual sexual assault/domestic violence advocate. I have answered hundreds of crisis line calls related to domestic violence, and responded to victims at the hospital who were sexually assaulted by an intimate partner. I knew the facts, but nothing could have prepared me for sitting with those women, many of whom had just arrived at the shelter.

I knew going in that I needed to have a different strategy from my usual presentation. I always knew there would be a handful of sexual assault survivors in any group I presented to, whether they disclosed or not. With this group, however, I knew many, if not most of them, would have histories of sexual violence – but they may not have identified it yet. I didn’t want to be offensive and come in as the “expert,” when they were the actual experts of what it meant to survive domestic and sexual violence.

It was a small group, with about 10 women. One woman had just arrived a couple of days before, and she had a lot of bruising on her face, as well as a black eye. I was startled at first, because most of the sexual assault victims I provided advocacy for didn’t have visible injuries -- certainly not to that degree.  Other women had been there in the shelter longer, and there was a natural mentor/mentee feel among the women in the room.

As this was an educational setting, and I am not a therapist, I had to be mindful to not let our time together turn into a group therapy session. I wanted to give them information in a safe, comfortable way, so I made the decision to “throw away” the traditional script I used for most presentations (including the obnoxious quiz we used back in those days), and just talked with these women. I offered a place for sharing their personal experiences, which in turn helped them better understand some complicated aspects of sexual assault. An hour flew by, and none of us wanted the conversation to end.

This was a great experience for me, and I certainly hope it was for those women. I may not have fully realized it at the time, but the fact that I remember it several years later tells me I took a lot away from it. I believe it made me a better educator, because I was able to really evaluate my audience and tailor the presentation to what they needed to know, not what I thought they needed to know. It also made me a better advocate, because it gave me the opportunity to be in their environment, to see how they lived, and what the adjustment into shelter was like.

The relationship between the two agencies continues today, with a strong focus on collaboration and cross-training. Do you have a similar story of collaboration between two social service agencies to share?