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Showing posts with label News. Show all posts

Scandal Illuminates Troubled Family Court System

Byron-Williams.gifBy Byron Williams

The family court system has, in theory, operated on the question, "What is in the best interests of the child?"

But the findings articulated at a one-day workshop hosted by Alameda County Supervisor Gail Steele and the Center for Judicial Excellence suggest that question is more theory than practice.

If the statistics are accurate, the frequency with which children are allowed to have unsupervised contact with physically or sexually abusive parents after divorce in this country is alarming and worthy of the public's attention.

According to the Center for Judicial Excellence, "Not since the Catholic Church pedophile scandal has the United States seen this level of institutional collusion and corruption harming innocent children."

This may sound like hyperbole, but the comparison holds if, in fact, most family court professionals know the system is broken and are allowing the most vulnerable members of society to potentially suffer lifelong consequences.

It is indeed a broken system that allows 58,000 children each year to be placed in harm's way simply because the abusive parent also possesses the resources to hire a bevy of professionals who plead his/her case to judges, mediators and other family-law professionals.

Heavy caseloads, bad judges and unqualified mediators, who evaluate families sometimes based on no more than a one-hour meeting, can add up to decisions that permanently
affect families.

As one parent shared with me, "I wouldn't believe my own story if I didn't live through it. We trust the courts to do the right thing, but it's just not that simple."

Those who are not directly involved trust the system to work — but there was a consistent message at the workshop that it does not work, and children are paying the price.

Are these simply the musing of parents and attorneys who did not get their way? No, there is more than enough data to suggest there is a problem that warrants investigation. The primary charge finds that many judges, for reasons ranging from being overworked to becoming jaded by the system, have placed an inordinate reliance on court appointees such as mediators, evaluators, investigators, and minors' counsel, who may or may not act in the best interest of the children.

This has created a scenario whereby individuals who have no understanding of the law often sway the individual who is appointed to administer justice.

Steele also cites a level of dishonesty that she states is pervasive throughout the system. "It's not just mediators but social workers who are not telling the truth," she said.

The workshop featured experts in the field and parents sharing their gut-wrenching, first-hand testimony and offering solutions to the problem-plagued system in California.

State Sen. Mark Leno and other members of the Legislature are calling for an audit that will evaluate the magnitude of the concerns expressed over a number of years.

A number of participants also made it clear the problems they cite are not emblematic of the whole, maintaining there are indeed a number of good judges within the system. But there are enough bad ones who are not held accountable, causing the system dysfunction.

Steele should be commended for her willingness to bring attention to an issue that has flown under the radar for years. Investigation is long overdue.

Byron Williams has served as pastor of the Resurrection Community Church in Oakland since 2002. As the only pastor/syndicated columnist in the country, Williams writes a column which appears in 10 publications and several progressive web sites across the country.

Posted on June 15, 2009


Article from: Herald Sun

Elissa Hunt

June 16, 2009 12:00am

A MOTHER who hired a hitman to kill the man who molested her child has been jailed for at least three years.

The mother of three, who can't be named, was found guilty by a Supreme Court jury of incitement to murder her stepfather, who had abused her 12-year-old daughter. 

"Your natural parental instinct to protect your young daughter seems to have developed into a desire to take revenge," Justice Elizabeth Hollingworth said yesterday.

After learning of the abuse in September 2007, the mother asked her former partner if he could help find a hitman. 

The former partner instead contacted police and the mother was introduced to "Dale", an undercover policeman posing as a gun for hire.

Justice Hollingworth said the stepfather, who was convicted over the sexual abuse, was never really threatened.

She set a maximum term of six years and ordered that the mother serve at least three.

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End violence against women and children


13 June 2009


NEWCASTLE — Fifty people marched on the Newcastle legal district on June 10 to protest changes to the Family Court system initiated by former PM John Howard. 

The marchers presented letters to representatives of the police, and the federal and state courts to protest the inability of the system to protect women and children from domestic violence.

For some time, politicians have been avoiding the topic of how far they will go in handing the children over to the father.  The situation here speaks for itself.  Whilst the article does not draw attention to previous cases like this, it is not uncommon for courts to allow convicted sex offenders unsupervised contact with children.  For as long as the courts, family reporters and children's lawyers rely upon the junk science of Parental Alienation Syndrome(also referred to as "Parent Alienation"), cases like these will continue to rupture the lives of children.


Pedophile granted child custody

Article from: Sunday Mail (SA)

DAVID NANKERVIS

June 13, 2009 11:30pm

A FAMILY Court judge has granted custody of four children to their father - a convicted pedophile and rapist.

The mother of the four youngsters, all aged under 15, requested custody at a recent Family Court hearing in Adelaide.

The unsuccessful application was made not long after the children's father was found guilty in the Adelaide District Court of multiple sex offences against a minor.

A transcript of the Family Court hearing shows the presiding judge was aware of the father's convictions and that he was on bail awaiting sentencing.

Further details, including the names of the family, cannot be legally reported. The mother and her current husband also both have criminal records.

However, child support groups have condemned the idea that a convicted pedophile could be granted custody of any child.

Victim Support Service SA said the community would be "alarmed" at a situation where a pedophile was allowed to care for children.

"Our organisation would be worried too about that, and we would want to know about the reasoning and rationale behind such a decision and what steps are in place to protect any child in such circumstances," the service's chief executive Michael Dawson said.

"I would think it is inappropriate for someone with a previous history - through conviction of crimes against children - to be provided with the opportunity to supervise children.

"From my personal experience, I've never heard of any such case before."

The Australian Childhood Foundation also expressed serious concern about the risks pedophiles pose to children, particularly in an unsupervised environment.

"Convicted pedophiles can't work as a teacher, be a foster carer or footy coach, because society recognises that past behaviour is the best indicator of future risk," foundation chief executive Joe Tucci said.

"So as a matter of principal, children shouldn't be in unsupervised contact or custody of an adult with convictions for sexual assault against children."

Mr Tucci said courts should err on the side of caution and treat convictions of sexual assault against children as a "red light" when deciding what is in a child's best interest.

A spokeswoman for the Family Court said judges could only award custody of a child to those parties who applied for it.

"If a judge has concerns about a child's welfare, they cannot make an order that a child be put in the care of the state," the spokeswoman said.

"A judge can ask but not compel a state welfare department to intervene if they believe a child is at risk of abuse or neglect."

The Department of Families and Communities said the Family Court may advise it of any "child protection concerns (the court has) about a child".

"Families SA assesses the notification like any other and takes action if necessary," a department spokesman said.

"Also, the Family Court may make a formal request that the Department of Families and Communities become a party to a case.

"If DFC accepts the request and becomes a party, it then makes representations to the court about what is in the best interests of the child or children."

Government will help Damir Dokic if he needs it

Article from: Herald Sun

David Murray

June 12, 2009 12:00am

CLAIMS that Australia abandoned Damir Dokic were rejected by the Department of Foreign Affairs as his trial resumed in Serbia.

Mr Dokic's lawyer, Bosiljka Djukic, said the Australian Government was refusing to help the father of tennis star Jelena Dokic.

Despite famously turning his back on Australia, Mr Dokic, 50, retained his citizenship and has pleaded for Australian assistance.

His lawyer called on foreign affairs officials to contact the Serbian foreign ministry "to ensure Mr Dokic received a fair trial".

Mr Dokic is accused of threatening to kill Australia's ambassador to Serbia, Clare Birgin, and of possessing illegal hand grenades and bullets. The trial is being held behind closed doors after a judge made the extraordinary decision to bar public access because of fears of "harming relations" between Serbia and Australia.

A spokesman for the foreign affairs department said yesterday that Mr Dokic was being treated "no differently than any other Australian citizen".

"Mr Dokic's lawyer has written to the Embassy, requesting Australian Government intervention in freeing Mr Dokic from detention," the spokesman said.

"Mr Dokic is subject to Serbian legal processes. It is not within our consular role to intervene in local judicial proceedings. This has been explained clearly to Mr Dokic's next of kin and lawyer.

"His next of kin has confirmed that Mr Dokic does not require consular assistance at this stage."

Foreign Affairs Minister Stephen Smith had pledged that Mr Dokic would be extended consular assistance.

Mr Dokic's doctor this week visited him at Sremska Mitrovica prison, where he has been held since his arrest last month.

A medical report was expected to be handed to the judge presiding over his case last night, with Mr Dokic reporting new heart-related problems.

Mr Dokic faces a maximum of eight years in prison.

His alleged threats followed an interview in which Jelena indicated she had been physically abused by her father.

His lawyer firmly denied a report in Serbian newspaper Glas Javnosti that Jelena had visited her father in prison.

Thursday, Jun. 11, 2009
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JODY BARONE DEATH

Father's family gets custody of daughter

sganim@centredaily.com

Williamsport Judge Richard A. Gray has decided to give primary physical custody of the child who lost both parents in the Easter 2007 murder- suicide to the father's family in Williamsport.

Ben Barone shot and killed his wife Jodi Barone during a planned custody exchange of their daughter April 8, 2007.

The decision ended a two-year, three-way battle between the grandparents of the now-5-year-old child, who will start school in the fall.

Jodi Barone's mother, State College resident Vickey Warshaw, had been fighting for primary custody of the girl against Ben Barone's mother, Victoria Barone, of Williamsport.

Both parties were in court in Centre County on Wednesday because Victoria Barone was asking to have Jodi Barone's estate moved to a Williamsport bank, claiming it was more reliable than the State College bank that has the account.

Judge Thomas King Kistler denied the request, but during proceedings Vickey Warshaw's attorney said that Warshaw plans to appeal the custody ruling by the Williamsport judge.

The order gives Warshaw some custody on weekends, holidays and summers, and says both grandmothers will make decisions about the child's future together.

Sara Ganim can be reached at 231-4616.

Did system do right by the children?

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SAN JOSE -- Powerless and tormented, a Campbell mother awaits the story her daughter's bones will tell.

The remains of Alycia Mesiti, 14 when she vanished in August 2006, are in the hands of toxicologists and coroners. Since March, when cadaver-sniffing dogs found her body buried in the unkempt yard of her father's former home in Ceres, detectives have scoured for evidence from the girl's petite frame.

Last week, Mark Edward Mesiti was charged with the murder and rape of his daughter. He remains in a Los Angeles County jail on $205,000 bail on unrelated charges of child endangerment and running a methamphetamine lab.

With a lengthy criminal past, the 41-year-old still was granted custody of Alycia and her older brother in Santa Clara County Superior Court less than a year before the girl disappeared.

The death of the smiling teen, who loved horses and the singer Shakira, lays bare the intractable choices that Family Court judges face every day, but the tragic outcome has everyone who worked on Alycia's case looking back wondering what more could have been done.

"Dad's story was he was getting phone calls periodically" from the missing girl, said Ceres police Sgt. James Robbins. "But it doesn't appear she ever left the house."

Legal thicket

The family's legal history is a tangle of allegations traded through restraining orders and court filings. A court investigator described Alycia's mother, Roberta Allen, now 39, as an unfit mother who had battled with depression.

Alycia and her brother, now 19 and in the military, were placed in Mesiti's care by the Family Court in November 2005. During the previous seven years, court records show, Mesiti had been convicted of state and federal charges, including bank fraud and drunken driving. He was charged with domestic violence and ordered to attend anger-management classes after pleading guilty to a lesser charge. After failing to comply with court orders to attend drug and alcohol programs, he landed in prison for violating probation.

Nonetheless, Allen described her yearslong legal battle as "very angled toward Mark. I couldn't afford an attorney. He had one."

Over the nine months the children lived with their father before Alycia disappeared, police and child welfare workers fielded repeated warnings of danger in their single-family home in a neat, unremarkable Ceres neighborhood.

Beginning in 2005, the children's court-appointed lawyer, Jonnie Herring, reported her concerns, recommending only a supervised, temporary placement with Mesiti because of "sufficient issues and risks to these minors." In 2006, she reported that Mesiti had failed to comply with court orders to enroll his children in school and remain in touch.

"I am deeply concerned about both minors, especially Alycia," Herring wrote in a report to Santa Clara County Superior Court Judge Vincent Chiarello.

Allen said she also reported that the children often were hungry, subject to abuse and unable to call their mother despite her court-ordered visitation and contact rights. Police confirm they made visits to the home.

Clearly, the Family Court had a complex case on its hands with few ideal options when Chiarello granted Mesiti custody. The legal battle had raged for eight years without resolution. The children had been bounced between aunts and grandparents and, in a reflection of the case's complexity, the judge appointed Herring to grant them an independent voice in court. Their parents had gone through mediation, counseling and psychological evaluations.

'Deprogramming' alienated children is science fiction

In the past few decades, a term called Parental Alienation Syndrome (PAS) or Parental Alienation (PA) has been used in family courts to describe a situation where one parent poisons the mind of the child against the other parent.

While it is true that some mothers (and fathers) intentionally bad-mouth their spouses or partners, several reasons can explain why the child fears or distances him- or herself from a parent. It has long been recognized that children experiencing divorce can exhibit aggressive behavior or depression. Children can react angrily to their parents' separation and may even be reacting to the conflict and violence they've witnessed.

But there is another possible explanation for a so-called alienated child. The child may have been abused and, as a result, fears or exhibits hostility toward the "target" parent. PAS, then, can shift the attention from an abusive situation to that of a protective parent's "alienating" behavior. Abusers, who, not surprisingly, deny allegations or call them "false allegations" (and actually get the spouse punished with fines or jail time), are more likely to seek custody than nonviolent parents. And, often enough, they get it.

While PAS has many proponents, most credible agencies do not support it. The American Psychological Association says PAS "lacks evidence" and the National Council of Juvenile and Family Court Judges refers to it as a "discredited" syndrome. The American Prosecutor's Research Institute says, —¦ PAS is an untested theory that, unchallenged, can have far-reaching consequences for children seeking protection and legal vindication in courts of law." Despite opposition, PAS is still used widely in courtrooms across the country.

In the past decade judges have felt compelled to rectify claims of alienation. Some have sent children to "deprogramming" or reunification centers in attempts to undo hostile feelings. According to the Leadership Council on Child Abuse, therapy usually involves confining the child to a location away from home and isolating the child from the parent to whom the child is most attached. The attachment to the favored parent is challenged, while encouraging the child with intensive sessions to re-accept the rejected parent.

Since abusers can use PAS as an excuse, some children are reunified with a parent that physically, emotionally or sexually abused them. The child may react to this reunification with increased symptoms, suicidal ideation, or even suicide attempts.

Recently in Ontario, a judge ordered two teenage boys to undergo deprogramming treatment after allegedly being brainwashed by the father. An 18-year-old sibling stepped in and sought custody for his younger brothers, both of whom were diagnosed as suicidal. Newspapers reported him as saying, "My brothers have ended up being committed in a hospital against their wishes, committed to live somewhere where they do not want to live, exposed to psychiatrists, who have attempted to carry out experimental therapy with them at the risk of severe harm to them."

Deprogramming treatment raises important ethical and legal questions. Do children have a right to their own thoughts? Do they have a choice in forming their relationships? Do parents' interests trump children's? Can legal strategies be employed to challenge children's fear and hostility? These are complex issues that deserve careful evidence-based approaches that preserve the integrity of children's rights while balancing those of the parents. If any treatment is court-ordered, we owe it to our children to use the ethical guidelines set out by the American Psychological Association to guide us in our decisions.

Deprogramming treatment for children, at least for now, should be confined to the realm of science fiction and not to courtrooms.

Joan Dawson is a public policy assistant at the National Coalition Against Domestic Violence and is a member of the Family Court Reform Coalition, which seeks to help protective parents, including many battered women, gain custody of their children. The American Forum is a nonprofit, nonpartisan, educational organization that provides with the views of state experts on major public concerns in order to stimulate informed discussion. Dawson is a public policy assistant at the National Coalition Against Domestic Violence and is a member of the Family Court Reform Coalition.


10/06/2009 11:29:00 PM
A 44-YEAR-OLD man found to have 14 child pornography movies on a computer he bought for his daughter will be listed on the sex offender registry for eight years, a court heard yesterday.

Mark Robison, of Sebastopol, pleaded guilty to knowingly possessing child pornography at Ballarat Magistrates Court in April.

Magistrate Kay Robertson yesterday convicted and sentenced him to an 18-month community-based order with 120 hours of unpaid community work.

Ms Robertson described the offence as very serious but told Robison he was not a hardcore child pornography user.

Police seized the computer after searching Robison's home on June 19, 2007.

The court had earlier heard Robison's daughter downloaded a type of software allowing networking

with other computer users.

Robison then searched for items including pornography but he did not know they would be saved.

In sentencing, Ms Robertson took into account Robison's guilty plea, his co-operation with police and the small number of files on the computer.

Sisterhood is powerless

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Posted by Mirror Man | Posted in FeminismNews | Posted on 08-06-2009

How feminism has made men's lives safer — and women's more dangerous.

By Jennifer Foote Sweeney and Alisa Smith

Feminism, real or imagined, has long been praised and blamed for a whole pile of societal developments, crises and trends. But it has emerged recently in unlikely quarters: as a major factor in the "intimate" murders of women and as a saving grace in the lives of abusive men. In a devastating twist, feminism, while improving women's lives in many obvious ways, may also have made their lives more dangerous. At the same time, by offering escape and support to battered women, it has saved the lives of abusive men.

Much has been made of the fact that, in the past 20 years, the number of homicides in the United States has sharply declined. That is good news, especially for abusive husbands, who, statistics show, are living longer because their wives and girlfriends are taking advantage of shelters, hotlines and other services for battered women. In other words, feminists have invested decades fighting domestic violence as part of the battle for women's rights and their work has paid off — by keeping batterers alive.

But there is bad news too. Only one category of homicide has failed to decline at the same rate as the rest. In fact, in some regions, it has not declined at all. It is "intimate homicide," in which a man kills his girlfriend or wife, often murdering the rest of the family too. In about one-quarter of the killings, the man then kills himself.

While psychologists, social scientists and historians have various explanations for the stubborn nature of this gruesome trend, most agree that feminism, or at the very least what it is seen to represent, plays a role in the motivation of men who commit intimate homicide or familicide. And when it is not a motivation, it is frequently an excuse.

"Batterers are very into making excuses and presenting themselves as victims. They really see other people, particularly their partners, as abusing or attempting to control them. It's the way to rationalize, minimize or deny their own behavior," says David Adams, co-founder of Emerge, one of the earliest treatment centers for battering men, in Cambridge, Mass. "They see women's gains as being at their expense."

Though we assume that attitudes toward women have changed dramatically since 1976 — when authorities began to keep detailed records of "intimate" homicides — the number of murdered wives and girlfriends has not changed much since then. On average, the rates have been going down 1 percent per year, from 1,600 in 1976 to 1,307 in 1998. That year, 32 percent of the 3,419 women murdered in the United States were killed by "intimates," according to the FBI, which reported that just 4 percent of male homicide victims in 1998 were killed by intimate partners.

In a majority of incidents in which a man kills his wife or girlfriend and children, familiar motives are cited. The killer might believe he has lost control of his partner and needs to reassert it. Or he fears losing his partner, upon whom he is deeply dependent. This confusing feeling evokes intense rage in those threatened by it. Usually such men are consumed with anger and a desire to blame as they kill.

Just last year, one man strapped his 3-year-old daughter and 2-year-old son into their car seats and shot them point-blank after his wife took out a restraining order against him. Another pretended that his 3-year-old son had been kidnapped by someone who would not return him until he, the killer, married his girlfriend. Eight days later, the boy's body was found in a black plastic bag. The crime, the murderer confessed, had been an attempt to coerce his girlfriend to marry him. In July, one week before Atlanta day trader Mark Barton killed nine people and wounded 13 others in his shooting spree in two brokerage firms, he killed his wife and two children in a classic case of familicide.

Barton blamed his wife, Leigh Ann, for his troubles, but professed great love for "my honey, my precious love," in his suicide note. The pair had been separated and were attempting a reconciliation, without great success. "She was one of the main reasons for my demise," he wrote.

One could argue that the number of men who kill their wives and/or children would have remained more or less constant even without feminism. A certain percentage of men, so this argument goes, will always possess that deadly combination of insecurity, rage and self-righteousness found in so many who commit intimate homicides — and they would end up killing even in the most repressive, patriarchal societies. Clearly, there is no way to resolve this question. But it seems inescapable that many of feminism's laudable consequences, both tangible and intangible — from increased opportunities and greater earning power to a diminution of the traditional male role as head of the family — have contributed to male violence against women. And when it is not an aggravation, many murderous men unquestionably use feminism as a rationalization, researchers say.

Linda Langford, who analyzed underlying factors in five years of domestic homicides in Massachusetts as her doctoral dissertation at Harvard University, believes that some men — particularly abusive or potentially abusive men — see themselves as victimized by recent changes in traditional male and female roles.

"We are in a social transition from more fixed roles to more fluid rules," she says. "Women are gaining power in more generalized ways. People with more traditional values have a problem with that.

"There's a sense in which men's proprietaryness over women and their children is being challenged. The fact that women are gaining independence might send them into a greater panic. But it's not what anybody else does that makes them the way they are — they are what they are, and they find excuses to justify their behavior."

And the excuses, if not for brutality then for collective outrage, are increasingly stated with barely concealed hostility, by certain men's groups and fathers' rights organizations, often on the Internet.

Hundreds of Web sites dedicated to fathers' rights openly blame the women's movement for their unjust oppression.The Fathers' Manifesto, for example, calls for the repeal of most family court decisions that grant custody and child support to women:

"The present feminist concept of women's 'independence' really means a government-enforced entitlement to be paid for the rewards of being a mother, without the responsibilities that go with it: to men, to children especially, and ultimately to the world at large," says the manifesto.

"We vow," it continues, "to remove all government involvement from family matters by the establishment of the father as the head of the family, under God."

It is when a man's control over his family is threatened that his rage can lead to murder. To be reminded of an intense dependency on a woman while losing control of her becomes an insurmountable emotional task, say experts. Acceptance is out of the question; reassertion of control, by whatever means necessary, becomes the alternative.

"It's 'I'm going to annihilate my family and myself, if this woman is going to leave. I'll kill her before I let her go,'" says Nancy Isaac, co-author with Langford of the Harvard study.

"Something that signifies the relationship is over — that sparks a killing spree," says Mindy Mechanic, psychologist at the University of Missouri, St. Louis, and an expert in post-traumatic stress in abused women. "They feel like they can't survive without the woman — as though she's the lifeline. If you realize everything you have and want and need is unattainable to you, what do you have left?"

Children are not usually the primary targets. They might be substitute victims, if the woman isn't available; or they are seen as obstacles to the man's relationship with the woman; or they could be revenge victims, killed as a way of hurting the woman in the worst possible way.

"If you think about domestic abuse, it's a system of power and control," says Langford. "The children are a tool of that control."

And there is sometimes a perverted "Father Knows Best" element when a man slays his own children. The neatly typed note left by Barton before his murderous Atlanta rampage showed that he had persuaded himself that he was protecting his children by killing them.

"I killed the children to exchange them for five minutes of pain for a lifetime of pain. I forced myself to do it to keep them from suffering so much later. No mother, no father, no relations," he wrote.

(He "spared" them by bludgeoning them with a hammer in their beds.)

It's a form of "righteous slaughter," a concept spelled out by UCLA sociology professor Jack Katz in his book "Seductions of Crime: Moral and Sensual Attractions of Doing Evil."

"When people do impassioned killings, they think they're doing something righteous by upholding some universal value," says Katz. "At that moment, they think that everyone would agree with the action they're taking."

David Adams of Emerge interviewed a man convicted of killing his estranged wife after luring her to their former home to watch videos with their children. The man made sure she had too much to drink, got her into bed and then, once she was asleep, bludgeoned her with a baseball bat and stabbed her in the neck.

Adams asked the man a series of questions, including whether he felt a woman who disobeys her husband deserves to be beaten.

"What if you believe she shouldn't be beaten, but she should be killed? the man asked.

"What do you mean?" asked Adams.

"I don't believe in hurting a woman — that's why I waited for her to fall asleep," the man replied. "But I believe you should take the marriage vows seriously."

And, oh, yes, the man added, he'd had sex with her before he killed her. He knew the coroner would discover his semen inside her body. He wanted the man he suspected his wife was seeing to know that he, the estranged husband, had been the last to have her.

Clearly, even when women leave, they are not safe, particularly if they can be lured back under false pretenses. But their departures, while likely to incite rage or even violence by the estranged men in their lives, create a safer environment for those men. Statistics show that women who leave abusive men are primarily avoiding deadly encounters in which their husbands would have been the victim. Women apparently can sense their own murderous impulses but not those of their mates.

Studies show that the numbers of women killing their husbands and boyfriends have plummeted. Women killed 1,357 intimate partners in 1976. They killed 430 in 1997. The decline was most dramatic in the 1990s, and researchers took serious notice of it a couple of years ago, when the Bureau of Justice Statistics published a landmark paper on intimate homicides.

As is often the case with statistical reports generated by government agencies, only numbers, not explanations, were offered in the report. Since its publication, researchers have scrambled to flesh out some theories. They have come up with three main reasons why intimate murders committed by women have decreased by more than 300 percent in 20 years. Feminism is wrapped up in all of them, whether it be the shelter movement and progressive laws, lower marriage rates or women's improved status.

The bottom line, it seems, is that women now have more options for leaving abusive relationships and finding support away from home. "Women now have a means of escape from violent relationships, such as shelters," says Juley Fulcher, public policy director of the National Coalition Against Domestic Violence. When they can leave, they don't have to fight back.

In fact, the decline of intimate murders by women confirms what many researchers have said for decades: Women kill their spouses mainly in self-defense. For instance, one pioneering study by Jacquelyn Campbell in the early 1980s showed that 75 percent of women who killed their partners had been previously abused by them. The study was based on police reports filed over a five-year period in one city, long before investigators were trained to be sensitive to such issues.

"No matter who gets killed, it's wife abuse. That pattern has held up in current studies," says Campbell, a professor at the John Hopkins University school of nursing. "People have found that in states with good domestic violence laws, there are lower rates of men killed by intimate partners."

In addition to shelters and other means of escape from domestic violence, legal advocacy for battered women has played a key role as well, says Laura Dugan, professor of criminal justice at Georgia State University, and co-author of a forthcoming study on intimate homicide in 50 U.S. cities from 1976 to 1996.

Legal advocates, who range from volunteers to full-time paid staff, sit in on battered women's cases when they hit the courts, and guide women through the difficult process. "As opposed to shelters, where the women have to make the first move, legal advocates are reaching out to a large pool of women," Dugan says. "Unfortunately, there doesn't seem to be an effect in saving women's lives."

Women's increased status and independence also have had an impact on their ability to leave abusive spouses and boyfriends, says Richard Rosenfeld, professor of criminology at the University of Missouri, St. Louis, and Dugan's co-author on the 50-city domestic violence study. Women today have higher incomes, education levels and workforce participation than they did 25 years ago. This allows them to leave abusive men they might have otherwise killed. Marriage rates, too, have significantly declined, allowing unsuitable mates in the volatile under-30 age bracket to split up before their differences turn into violence.

These changes, says Rosenfield, are particularly noteworthy among African-American women.

In 1976, the per-capita rate of intimate homicide among blacks was 11 times higher than among whites. Twenty years later, it was only about four times higher. "This is very good news," says Rosenfeld. By 1998, the murder of black husbands by their wives had the most significant drop of all categories of homicide, about 75 percent.

"Black women have become closer to black men on all the status indicators, and are in fact even more likely to have a higher education level," says Rosenfeld, who, with Dugan, is the first to explain this trend.

One parallel phenomenon they uncovered tempered the mostly positive changes. Decreasing welfare payments has led to an increase in intimate homicides, and particularly in those with male victims, says Rosenfeld. "We may think of the AFDC [Aid for Families with Dependent Children] as inducing independence, and it may — but not on abusive men!" says Rosenfeld. In the absence of welfare support, impoverished mothers may choose to stay with violent mates.

"We might have seen an even greater decrease in spousal homicides if welfare benefits hadn't declined," he says. In fact, Rosenfeld notes that since the federal government axed AFDC benefits in 1996, there has been something of an upturn in intimate murders. "It could just be a squiggle, but it's there, especially among African-Americans," he says. "We hope and urge that policy-makers look at welfare reforms, especially as the economy downturns, as it must."

And so, in the world of dysfunctional relationships, survival becomes a matter of luck and timing. A woman linked to an abusive husband might get out in time to save his life. To save herself, she must find a way to evacuate herself and her children before he realizes that she is ready or able to do so. Unfortunately, it can be deadly for a woman to be long-suffering or optimistic.

The emphasis now, researchers agree, needs to be on identifying abusive men as well as creating programs to help them change. "What those programs might be remains a very open question," says Rosenfeld. "Judges are starting to make [violence counseling] programs a condition of probation for men convicted of domestic assault. But no one yet knows the effectiveness of these programs."

Indeed, counseling violent men may not be enough. "There needs to be new ways of raising our boys. We have to challenge the belief that men be tough, non-emotional and in control," says Ty Schroyer, men's program coordinator for the highly regarded Domestic Abuse Intervention Project in Duluth, Minn. "Because of male socialization, they're just not reaching out [for help]. They may not even recognize that they have a problem."

For her part, Jacquelyn Campbell is working on a major study of homicide data from across the nation to determine what specific warning signs to look for in abusive men who go on to kill their female partners.

"Stalking is huge," Campbell emphasizes. This applies whether the couple has separated or is still together. Other factors that appear to contribute: The man threatens to kill her; the perception that he is capable of killing; extreme jealousy; forced sex; abuse during pregnancy; and increasing frequency or severity of abuse. For a woman who is deeply invested in a relationship, this litany of seemingly obvious precursors to murder can be hard to distinguish from plain abuse.

It would be hard to believe that a woman could endure a single instance of any of the factors that Campbell lists if it wasn't so easy to understand the reason that many women do not flee. It is because they believe, as one might, that the men who love them could never kill.

That, perhaps, is the greatest sadness in the statistics. Even as they have battled for the means to get out of abusive relationships, women have not found a way to survive them. When she leaves a disintegrating relationship, a woman may save her partner's life, but she endangers her own. As powerful as sisterhood can be, it cannot always save lives — at least not the lives of women.
salon.com | March 14, 2000

Freelance writer Susan Caba contributed to this story.

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