On the backs of women

Literally, on the backs of women, the Topeka, KS City Council voted to decriminalize domestic violence...did they vote to decriminalize a nonviolent, non public order threatening marijuana: no! This is literally a FU to women.

http://www.nytimes.com/2011/10/12/us/topeka-moves-to-decriminalize-domestic-violence.html?_r=1&scp=1&sq=topeka&st=cse

Petition to decriminalize marijuana not DV in Topeka:
http://www.change.org/petitions/topeka-city-council-member-decriminalize-marijuana-not-domestic-violence

There's a lot of DV going around

Domestic violence (aka wife or woman battery)...now the mayor of White Plains, Adam Bradley, has been arrested charged with slamming his wife's fingers in the door, on purpose. [When Bradley served as Assemblyman in Albany he was sponsing the no fault divorce bill. No Comment necessary.] Domestic violence can happen in any home, in any relationship.

During times of stress and economic hardship, domestic abuse increases. We need to find an acceptable outlet for frustrations, and beating their women is NOT acceptable.
We need to teach our young men (and women) to relieve their frustrations by shooting hoops, or going out for a run. Our young (and old) need to learn to settle differences not with fists and weapons, but with (measured) words.

DV & Monserrate

STATEMENT FROM SENATOR LIZ KRUEGER IN RESPONSE TO HIRAM MONSERRATE’S CONVICTION

NEWS FROM STATE SENATOR LIZ KRUEGER New York State Senate, 26th District STATEMENT FROM SENATOR LIZ KRUEGER IN RESPONSE TO HIRAM MONSERRATE’S CONVICTION "I believe Hiram Monserrate should not remain in the Senate, and for the sake of his constituents, the institution of the Senate and the Democratic party he should resign immediately based on the seriousness of his violent crime. Being an elected official is an honor and a privilege, not a right. As a state legislator , the voters give you the power to decide what laws all 19 million of us live under. And as such we are obligated to hold ourselves to the highest standards of our laws. The justice system has determined that Mr. Monserrate has violated our laws and is guilty of a very disturbing and violent crime against a woman. Domestic violence is a scourge on our society, and an issue which I believe requires us to speak out. Only through speaking out can we work to prevent more violence, support survivors, end the stigma and fear that victims deal with, and advocate for stronger penalties for those who believe they are above the law and violate another human being. The Senate is exploring our institutional legal options now that the Courts have ruled, but haven’t yet issued a sentence. For me, the length of the sentence does not matter – domestic violence is domestic violence, guilt is guilt. Therefore, I believe Hiram Monserrate should not remain in the Senate."

Government's Failure to Prevent Harm

There is a very important yet little talked about Supreme Court case decided a few years back: Castle Rock v Gonzales [ 545 U.S. 748 (2005)]. Jessica Gonzales had a restraining order/an order of protection against her (ex) husband Simon. One evening he abducted their three daughters, and though she called the Castle Rock (Colorado) police repeatedly over the course of the evening to enforce the order, nothing was done. Simon committed death by police, and the police found the bodies of the 3 girls in his truck.
The Supreme Court's opinion written by Scalia basically said that enforcement of a restraining order was not mandatory under Colorado law. This is just one of a series of decisions that state that the government's role to prevent harm is not an entitlement, and its failure to act to prevent harm is within their exercise of (administrative) discretion.
You may also want to read Kristian Miccio's article cogent article on this case, and the future of domestic violence/battering movement .http://works.bepress.com/g_kristian_miccio/4/. Miccio teaches at Sturm School of Law (she taught at SUNY New Paltz prior).

The question now posed is: what now? Is the Domestic Violence Movement now toothless? How do we protect abused women? How do we hold our government responsible?

Jessica Gonzales brought her case to the Inter-American Commission on Human Rights (CIM). The CIM heard her testimony in November 2008 and January of this year, and are suppose to rule by year's end.

Animal Abuse, Domestic Abuse

To be discussed at the 3/9 UCDW meeting are too very important and linked issues: Animal Abuse and Domestic Abuse (AKA Domestic Violence).

1st - Thanks to member Merle Borenstein who suggested we have a discussion of New York's animal cruelty laws and the need for increased penalties. On our behalf, Merle invited Patrick Kwan, NY Director of the Humane Society of the United States. He will tell us how NY compares with other states and answer YOUR questions at 7:30 PM. Kwan bio: http://www.hsus.org/about_us/offices_and_affiliates/regional_offices/meet-our-directors/meet_patrick_kwan.html?log-event=sp2f-view-item&nid=46927841
Magazine interview: http://gothamist.com/2009/02/26/patrick_kwan_humane_society_of_the_1.php

2. Then we will discuss ramifications of the horrific February 12 beheading murder of Aasiya Zubair Hassan , 37, by her husband in Buffalo. Mrs. Hassan had recently filed for a divorce and had an order of protection. Most early coverage was on the web or international. NY Times filed this story on 2/17:
http://www.nytimes.com/2009/02/18/nyregion/18behead.html?bl&ex=1235106000&en=8b9eb32a5d94c23a&ei=5087%0A
Now, there is a great deal of coverage--just google. Here is NOW's release from 2/16 http://www.nownys.org/pr_2009/pr_021609.html

There are impediments to honest discussion of this crime as evidenced by the news coverage, which was tardy and timid. Laughter--yes, laughter--by pundits on TV about the details of the murder by curved sword that hung on the wall, and trivializing this murder by calling it domestic violence or an "honor killing" somehow bound up in religious freedom, only muddy the facts. This was a bloody murder of a woman by someone the police knew she was in fear of.

For discussion:
Do religious or cultural nuances play a role in discussing, understanding, condoning or trivializing violence? If so, is that legitimate? Do these considerations skew media coverage? Does calling violence within families "domestic violence" and "domestic abuse" reduce its importance to media, society, police and courts? If Mr. Hassan had beheaded a stranger on the street with the sword, would that have been reported differently?

What do YOU think?

http://lohud.com/article/20090301/NEWS05/903010344/-1/newsfrontAttacks spark call for use of hate-crimes law in violence against women
http://www.midhudsonnews.com/News/2009/February09/28/rapelay-28Feb09.htmlGet rid of the ‘toxic media,” opponents of domestic violence say
http://www.dailyfreeman.com/articles/2009/01/02/news/doc495d8c6ea58bb323243862.txtEx-trooper threatened wife before slaying
http://www.dailyfreeman.com/articles/2008/02/19/top%20stories/19310519.txtWhite separatist, wife dead in apparent murder suicide
http://www.dailyfreeman.com/articles/2008/02/24/editorials/19321954.txtThe Leshkevich coverage, Editorial

Here are some sites with facts about domestic abuse:
The 1 in 3 stat inludes passive abuse (verbal, mental, financial) as well as physical abuse.

The Nat'l Coalition Against Domestic Violence ( http://www.ncadv.org/) does cite 1 in 4 women (DV rates have been going down in the past 10 years--though with the current economic situation, many are predicting an uptick...), it does note that many cases of DV are NOT reported...for many reasons: immigration status, cultural norms, financial dependency, welfare status. . .
PLUS in many states dating violence is not reported as domestic, because they are not co-habitating...



More facts/numbers (national) http://www.ojp.usdoj.gov/bjs/intimate/ipv.htmThe DoJ number VAW 2005 stats non fatal per 1000 is 3.6 (intimate),6.7(date) 1.6 (relative)... female fatals in 2005 due to DV: 1181



3. And, to add some more to a full meeting Jo Ann Chamberlain will tell us about the Health Care for America NOW! campaign, and we'll discuss whether to join the HCAN coalition. http://www.healthcareforamericanow.org/

These above are US Stats...If you go to WHO, the stats range upwards to 61% (!) in a Peruvian Province http://www.who.int/gender/violence/who_multicountry_study/en/you can get global numbers

Girlfriend battering

Hiram Monserrate a state senator-elect was arrested for allegedly assaulting his girlfriend. What makes this even sadder,is that he worked against domestic violence as a memberof the NYPD. Battery happens across class,race,profession,etc.lines.... Its a (out of ) control issue.

From Julie:

Councilman Arrested On Assault Charges NY1, NY - 51 minutes ago Outgoing Queens City Councilman Hiram Monserrate was arrested this morning for allegedly assaulting his girlfriend. Police were called to Long Island Jewish ...
Quinn Refers Monserrate Case To Ethics, Smith Reserves Judgment New York Daily News, NY - 55 minutes ago Hiram Monserrate, charged with assaulting his girlfriend this morning, falls into a weird elected-official purgatory with one foot out the door of the City ...

Monserrate Still at Precinct, Smith Has No Comment New York Observer, NY - 1 hour ago by Jimmy Vielkind on December 19, 2008 ALBANY—State Senator Malcolm Smith is not commenting on news that his fellow Queens Democrat and soon-to-be-colleague ...
Smith has no comment; public officers’ law Albany Times Union, NY - 2 hours ago Senate Democratic Leader Malcolm Smith has no comment about the the arrest of Senator-elect Hiram Monserrate, according to Smith spokesman Austin Shafran. ...
A Controversy Magnet New York Daily News, NY - 2 hours ago Senator-elect Hirram Monserrate appears to have a hard time keeping his anger in check. A reader reminds me that Monerrate, a former NYPD officer, ...
Trouble For Former “Gang Of Four” Member Politics on the Hudson, NY - 2 hours ago New York City Councilman and Senator-elect Hiram Monserrate has been arrested for allegedly attacking and cutting his girlfriend with a broken bottle, ...

http://www.newsday.com/news/local/crime/ny-nyhira1220,0,57463.story

http://www.nydailynews.com/news/ny_crime/2008/12/19/2008-12-19_queens_city_councilman_hiram_monserrate_.html

Sixth Amendment Rights Trump Domestic Violence

Seems that if your accuser can not stand in front of you and accuse you of domestic violence, because perhaps she is dead at your hand, well, than you can not cross examine her, and thus, that evidence is not admissible.
The California courts had allowed the murder victim's statements made to the police , that the man accused of murdering her, had threatened to kill her (can we say: domestic violence?). The Supreme Court found that these statements allowed into evidence violated the constitutional rights of the accused murderer. Justice Scalia in the majority opinion (6-3) wrote that use of the statement made to the police violated Mr. Giles’s Sixth Amendment right to cross-examine the witnesses against him, unless the prosecution could first prove that he deliberately killed her to make her unavailable to testify. Mr. Giles claimed he killed her in self-defense.

Giles V California
http://www.supremecourtus.gov/opinions/07pdf/07-6053.pdf