HIV/AIDS and Domestic Violence

HIV/AIDS and Violence

Women’s inability to negotiate safe sex and refuse unwanted sex is closely linked to the high prevalence HIV/AIDS. Unwanted sex — from being unable to say “no!” to a partner and be heard, to sexual assault such as rape — results in a higher risk of abrasion and bleeding, providing a ready avenue for transmission of the virus. Both realities obliterate women’s ability to protect themselves from infection.Violence is a cause as well as a consequence of HIV/AIDS: for many women, the fear of violence prevents them from declaring their HIV-positive status and seeking help and treatment. They have been driven from their homes, left destitute, been ostracized by their families and community, and subjected to extreme physical and emotional abuse. In 1998 Gugu Dhlamini was stoned to death by men in her community in South Africa, after she declared her positive status on radio and television on World AIDS Day.

Young women are particularly vulnerable to coerced sex and are increasingly being infected with HIV/AIDS. Over half of new HIV infections world-wide are occurring among young people between the ages of 15 to 24, and over 60 per cent of HIV-positive youth between the ages of 15 to 24 are women. A study conducted in Tanzania in 2001 found that HIV-positive women were over 2 and half times more likely than HIV-negative women to have experienced violence perpetrated by their current partner.A 2002 UNIFEM-sponsored report on the impact of armed conflict on women underscores how the chaotic and brutal circumstances of armed conflict aggravate all the factors that fuel the crisis. Tragically and most cruelly, in many conflicts, the planned and purposeful HIV infection of women has been a tool of war, often pitting one ethnic group against another, such as what occurred in Rwanda

Cultural Violence in Traditions of Other Societes

Female Genital Mutilation (FGM)

FGM refers to several types of traditional cutting operations performed on women and girls. Often part of fertility or coming-of-age rituals, FGM is sometimes justified as a way to ensure chastity and genital “purity.” FGM occurs primarily in over 25 African countries, among some minorities in Asia and immigrant communities in Europe, Australia, Canada and the US. An estimated 130 million women today have undergone FGM, and an additional 2 million girls and women are being subjected to it each year. Since the late 1980s, opposition to FGM and efforts to combat the practice has increased.

Some countries have passed legislation to regulate or ban FGM.— UNIFEM supported a project in Kenya, which involved local communities developing alternative coming-of-age rituals, such as “circumcision with words” — celebrating a young girl’s entry into womanhood with words instead of genital cutting. A joint initiative by UNICEF, WHO, and UNFPA seeks to drastically decrease the incidence of FGM, including assisting governments to develop and implement national polices to abolish the practice.

Dowry Murder

Dowry murder is a brutal practice involving a woman being killed by her husband or in-laws because her family is unable to meet their demands for her dowry — a payment made to a woman’s in-laws upon her engagement or marriage as a gift to her new family. It is not uncommon for dowries to exceed a family’s annual income.While cultures throughout the world have dowries or analogous payments, dowry murder occurs predominantly in South Asia. In India, for example, there are close to 15,000 dowry deaths estimated per year and mostly in kitchen fires designed to look like accidents. In Bangladesh, there have been many incidents of acid attacks due to dowry disputes, leading often to blindness, disfigurement, and death. In 2002, 315 women and girls in Bangladesh were victims of acid attacks.— In India, women’s organizations have successfully advocated for changes to the 1961 Dowry Prohibition Act, including amendments in the 1980s to hire community members as “dowry prohibition officers.” In addition, the country’s murder law has been revised to define and punish dowry death.

Honour Killings

In many societies, rape victims, women suspected of engaging in premarital sex, and women accused of adultery have been murdered by their male relatives because the violation of a woman’s chastity is viewed as an affront to the family’s honour.According to a 2002 UN human rights report, more than 1,000 women are killed in Pakistan in the name of honour every year. In a study of female deaths in Alexandria, Egypt, 47 per cent of the women were killed by a relative after the woman had been raped. In Jordan and Lebanon, 70 to 75 per cent of the perpetrators of these so-called honour killings are the women’s brothers.

It is not only in Islamic countries that this act of violence is prevalent. Brazil is cited as a case in point, where killing is justified to defend the honour of the husband in the case of a wife’s adultery.

Early Marriage

The practice of early marriage is prevalent throughout the world, especially in Africa and South Asia. This is a form of sexual violence, since young girls are often forced into the marriage and into sexual relations, which jeopardizes their health, raises their risk of exposure to HIV/AIDS and limits their chance of attending school.Parents and families often justify child marriages to ensure a better future for their daughters. Parents and families marry off their younger daughters as a means to gain economic security and status for them as well as for their daughters. Insecurity, conflict and societal crisis also support early marriage.

In many African countries experiencing conflict, where there is a high possibility of young girls being kidnapped, marrying them off at an early age is viewed as a means to securing their protection. In some countries, a rapist can be exempt from punishment if he is prepared to marry the victim, and the law can allow judges to lower the age of marriage in cases where the rape victim is a minor.In the North West Frontier Province in Pakistan, for example, young girls are “sold” by their parents into marriage for money. This is done without the consent of daughters; and often the husbands are wealthy older men. This is no longer permitted by law, but still practiced. Girls fleeing such marriages can be put in jail and are shunned by society. If they are released, they are either killed by their own family or their in-laws, or sold again.

Trafficking in Women and Girls

Trafficking involves recruiting or transporting another person in order to place them in a situation of abuse or exploitation such as forced prostitution, slavery-like practices, battering and extreme cruelty, sweatshop labour, or exploitative domestic servitude.While exact data is hard to come by, estimates on the number of trafficked women and girls range from 700,000 to two million per year. More than 200,000 Bangladeshi women have been trafficked from 1990 to1997; and 5000 to 7000 Nepali women and girls illegally trafficked to India. In Europe for example, 10 to 15 per cent of foreign prostitutes in Belgium were trafficked from other countries and sold into prostitution rings. These women and girls were mainly from Central and Eastern Europe, Colombia, Nigeria and Peru.

Illegal trafficking in persons frequently involves organized crime, and efforts to combat it can involve serious risks.


Crimes against Women in War and Armed Conflict

The victims in today’s armed conflicts are far more likely to be civilians than soldiers. Some 70 per cent of the casualties in recent conflicts were non-combatants — most of them women and children. Women’s bodies have become part of the battleground for those who use terror as a tactic of war — they are raped, abducted, humiliated and made to undergo forced pregnancy, sexual abuse and slavery. In Rwanda, up to half a million women were raped during the 1994 genocide. The numbers are as high as 60,000 in the war in Croatia and Bosnia-Herzegovina. Equally, in Sierra Leone, the number of incidents of war-related sexual violence among internally displaced women from 1991-2001 is as high as 64,000.Protection and support for women survivors of violence in conflict and post-conflict areas is woefully inadequate.

Harmful Traditional Practices of Cultural Violence

Harmful traditional practices refer to types of violence that have been committed against women in certain communities and societies for so long that these abuses are considered a part of accepted cultural practice. These violations include female genital mutilation or cutting (FGM), dowry murder, so-called honour killings, and early marriage. They lead to death, disabilities, and physical and psychological dysfunction for millions of women annually.

Domestic and Sexual Violence

Domestic and Sexual Violence

Domestic and intimate partner violence involves physical and sexual attacks against women in the home, within the family or within an intimate relationship. Women are more at risk of experiencing violence in intimate relationships than anywhere else.In no country in the world are women safe from this type of violence. Out of ten counties surveyed in a 2005 study of the World Health Organization (WHO), more than 50 per cent of women in Bangladesh, Ethiopia, Peru and Tanzania reported having been subjected to physical or sexual violence by intimate partners, with figures reaching staggering 71 per cent in rural Ethiopia. Only in one country (Japan) did less than 20 per cent of women report incidents of domestic violence.

An earlier WHO study puts the number of women physically abused by their partners or ex-partners at 30 per cent in the UK, and 22 per cent in the US.Based on several surveys from around the world, half of the women who die from homicides are killed by their current or former husbands or partners. Women are killed by people they know and die from guns violence, beatings and burns among numerous other forms of abuse. A study conducted in Sao Paulo, Brazil reported that 13 per cent of deaths of women of reproductive age were homicides, of which 60 per cent were committed by the victims’ partners.In the USA, 700,000 women are raped or sexually assaulted each year, with 14.8 per cent of women reporting having been raped before the age of 17. In a randomly selected study of nearly 1,200 ninth-grade students in Geneva, Switzerland, 20 per cent of girls revealed they had experienced at least one incident of physical sexual abuse. This form of sexual violence also extends beyond the domestic domain.

Although many countries now have legislation that addresses domestic violence, high levels of violence still persist. There is clearly a need for greater focus on implementation and enforcement of legislation, and an end to laws that emphasize family reunification over the rights of women and girls.In many societies, the legal system and community attitudes add to the trauma rape survivors experience. Women are often held responsible for the violence against them, and in many places laws contain loopholes which allow the perpetrators to act with impunity. In a number of countries, a rapist can go free under the Penal Code if he proposes to marry the victim and she consents. In Pakistan and many other Islamic countries, ordinances require women reporting rape to provide a set number of credible male witnesses to verify the crime. Victims unable to provide these witnesses are often charged instead with adultery.

Okay, Now What?

Everybody wants battered women to 'make better choices', or to 'get out' or 'leave their abuser' and 'dont go back...'

I did that... okay, now what?

I know women who did everything right, called the police, got the protective order, left, moved, ceased contact, got a job, never went back; and 10 years later their child got kidnapped because nobody believed that her abuser would really plot, wait and pounce that many years later... okay, now what?

I'm blogging from a hotel room; weekly rates; on a computer borrowed from a friend. I'm not sure where I'll be next week; what I'll eat tomorrow, or if I have the strength to keep on... yeah, I left my abuser ...
okay, now what?

See when the abuser isn't convicted the battered woman is left without crime victim services.

When the abuser isn't at the front door or on top of the victim, the shelter isn't available - and when it is, its only available for a brief 30 day stay...

When the abuser flees the state with your child, the victim falls through the cracks of the jurisdictional boundaries and the police that pass the buck instead of enforcing out of state protective orders - - now what?

When the abuser finally goes to prison for unrelated crimes, and the victim tries to prosecute, its impossible to get law enforcement to take the case seriously because they figure he's already in jail and it'd be a waste of time, so, now what?

When the abuser isn't expected to get out of prison until your children are over the age of 18, the state no longer seeks enforcement of the child support arrears he owes, so, now what?

When the abuser can't use his fists anymore and uses the system, it can revictimize the survivors and sometimes paralyze them emotionally when the children are used as pawns; already disabled from the beatings years before, now suffering eternal grief for the emotional beatings of the court system and flawed social services system; a victim is on an uphill battle to survive; and when she becomes homeless, penniless and hopeless ... she'll ask everyone who wanted her to get out... okay...now what?

Now what????

Prosecution of a Domestic Violence Crime: (Illinois)

What is the Role of Prosecution in Criminal Domestic Violence Cases?
Because of the seriousness of Domestic Violence cases in the Criminal Justice system, it is very important that these cases be prosecuted vigorously, as well as sensitively. It is important that the Prosecutor in the State's Attorney's office remember that domestic violence is a criminal behavior and to respond to it as such. It is helpful for State's Attorney's offices to review any office policies that may drop domestic violence cases to a lower priority than offenses between strangers.

When the Criminal Justice system works effectively, the Abuser knows that his continued violence will elicit increasingly severe sanctions, so there will be a deterrent effect. The Illinois Domestic Violence Act directly addresses the intended aggressive response of the prosecutorial community. This is most likely to happen when the Criminal Justice System enacts a consistent, aggressive, and coordinated effort to respond to the crime in their community.

The Illinois Domestic Violence Act calls upon the Criminal Justice system to respond to the needs of Victims through the Purposes Section outlined at the beginning of the Act. That Section suggests that there should be vigorous enforcement and prosecution policies regarding the crime of domestic violence. Specifically, the Act states that the system should:

• Recognize that Domestic Violence is a serious crime...(which) promotes a pattern of escalating violence...and creates an emotional atmosphere that is not conducive to healthy childhood development;
• Recognize Domestic Violence against high-risk adults with disabilities;
• Recognize that the legal system has ineffectively dealt with family violence in the past, allowing Abusers to escape effective prosecution or financial liability, and has not adequately acknowledged the criminal nature of Domestic Violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist Victims;
• Support the efforts of Victims of Domestic Violence to avoid further abuse and, when necessary, reduce the Abuser's access to the Victim and address any related issues of child custody and economic support, so that Victims are not trapped in abusive situations by fear of retaliation, loss of a child, financial dependence, or loss of accessible housing or services;
• Clarify the responsibilities and support the efforts of Law Enforcement Officers; and
• Expand the Civil and Criminal Remedies for Victims of Domestic Violence including, when necessary, the remedies which affect physical separation of the parties to prevent further abuse.
  
  Should the State's Attorney Office have a written Domestic Violence Protocol detailing what the Office Policy is?
  
• To assure consistency, it is suggested that a State's Attorney's Domestic Violence Protocol be in writing and specify the framework for deciding how to handle Domestic Violence cases in the office. Many Illinois counties have firm, written policies in place and are willing to share their expertise with other State's Attorneys. A general Domestic Violence Protocol for State's Attorney's Offices was suggested through an Illinois Criminal Justice System's committee in 1995. Check with your local Illinois State's Attorney's office or contact the Illinois Coalition Against Domestic Violence to see a copy.
  
  What are Some of the better DV Policies regarding Prosecution?
  
• Since each county faces unique criminal occurrences, no one policy of handling Domestic Violence cases is in effect in Illinois. Many smaller counties have one State's Attorney and one part-time Assistant State's Attorney to handle all prosecutions. In these counties, it is likely that the Assistant will handle many of the Domestic Violence cases. Large counties may assign Domestic Violence cases to Prosecutors in a Domestic Violence Unit. Having a DV Unit or a particular Assistant State's Attorney assigned to all Domestic Violence cases is preferable because it allows the Prosecutor(s) to develop expertise in this area of the law, as well as follow a consistent county policy for prosecution.
  
• Experience in Illinois, as well as other states, has shown that it is desirable for one Attorney to handle a case from its inception, if possible. This fosters a trust between the Victim and Prosecutor and helps to insure that the facts of the individual case are clear to the Prosecutor handling it. Whatever the arrangement, it is recommended that those Prosecutors dealing with Domestic Violence adopt a uniform policy of processing these crimes and that such a Policy take full advantage of the Illinois Domestic Violence Act.
  
  Can Domestic Abuse Advocates from DV Programs be helpful to Victims during Prosecution?
  
• The State's Attorneys who become familiar with Domestic Violence Programs in their area will learn that the Programs' Domestic Abuse Advocates can provide invaluable assistance. The Domestic Abuse Advocates are advocates who assist Victims of Domestic Violence in their efforts to obtain legal remedies, including Orders of Protection or criminal prosecution. Working in cooperation with the Domestic Abuse Advocates from DV Programs can greatly enhance the State's Attorney's efforts.
  
• It is important to keep in mind, however, that the Advocates are not substitutes for State's Attorneys. The Domestic Abuse Advocates are a tremendous support to the Victim, helping her recall details and gathering evidence; accompanying the Victim to court; and explaining the system to her. According to 750 ILCS 60/205, Domestic Abuse Advocates are now allowed to sit at the counsel table and confer with the Victim with the Court's approval. They can also assist the Victim with the preparation of the Order of Protection. In that capacity, it is not considered the unauthorized practice of law.
  Domestic Violence Programs are an excellent source of counseling and support for the Domestic Violence Victim. However, a few Victims may be reluctant to avail themselves of such services. It is important that State's Attorneys not make such services a requirement of court intervention policies, though referral to those services can be a benefit to Victims unaware of their existence.
  
  
  What is "Prosecution Without the Cooperation of the Victim Policy" or a "No Drop Policy"?
• When a Victim turns to the police and others in the criminal justice system, it is usually because she is desperate. Because Victims are frequently intimidated or coerced by the Abusers in requesting that criminal charges be dropped, the State's Attorney's office should implement a Domestic Violence Protocol Policy that limits the victim's responsibility for bringing the charges.
  
• Studies have substantiated that Prosecutorial attitudes about domestic violence crimes affect Victim cooperation with the process. Vigorous prosecution policies show the Victims that, indeed, the criminal justice system in the community will take measures to keep her safe, plus will put pressure on the Abuser to stop the abusive behavior.
  
• The State's Attorney should always sign the Criminal Complaint; otherwise, the Victim will become a target for the Abuser who is attempting to get the charges dropped. The State's Attorney should explain to the Victim that the abuse is a crime, and it is the duty of the State's Attorney to prosecute, not the Victim. The Prosecution should consider sending a letter to the Victim which states that the State's Attorney's office has the power to drop the charges, not the Victim. This letter has the multiple purposes of protecting the Victim from further intimidation from the Abuser for her to drop charges, as well as relating a strong Pro-Prosecution Policy to the Victim, Abuser and community at large.
  
• If a county does not have a Policy of State's Attorneys signing complaints, and Victims are allowed to drop charges, certain procedures should take place to insure Victim safety. For example, if a Victim requests that charges be dropped, the State's Attorney should talk to the Victim to determine the reason for the request, present available options, and encourage prosecution. (Victims may have been coerced by the Abuser; they may be unaware of sentencing guidelines fearing either too harsh or too lenient a sentence; or, they may be in the "honeymoon phase" of Domestic Violence and believe the abuse will cease.) Domestic Abuse Advocates at dv programs are a good support system for the State's Attorney faced with a reluctant witness at this stage.
  
• If a Victim fails to appear in Court, the State's Attorney should request a continuance and make every effort to ascertain her whereabouts and safety.
  
• With a strong prosecutorial stance, the State's Attorney's Office can be a deterrent against Domestic Violence.
  
  
  How Does it Benefit a Victim to Cooperate with Criminal Prosecution of the Abuser?
  Studies have shown that:
  
• A Victim that calls the police is safer than one who does not.
  
• A prompt and severe response to the crime of domestic violence is the most effective means in insuring that it does not occur again.
  
• Settlement of the case without a trial is higher if the Abuser sees that the Victim will be testifying in Court.
  
• Once the Abuser hears that a Victim is willing to tell the Court about the abuse at a hearing, many Abusers settle the case because they know the truth will come out. At that point, the Prosecutor may enter into plea negotiations with the Abuser, and the Victim will not have to go to Court.
  
  
  Why Might a Victim Turn into a Reluctant Witness for the Prosecution when the Abuser is Charged with a Crime?
  
• In cases of crimes where persons know one another, the likelihood that a Victim will request that charges be dropped is higher than in cases of offenses committed by a stranger.
  
• The Goal of many Victims is to stop the violence against them while maintaining the positive aspects of their relationships with their partners. Because of these conflicting goals, Victims are often reluctant or fearful to have the Abuser arrested and prosecuted.
  Equally important for Law Enforcement and Prosecutors to understand are the real threats the Victim has been and continues to be subjected. It is not unusual the Abusers have warned the Victims that any contact with the Police will result in additional harm to her, her children, her relatives, and the property.
  
• Statistics bear out this threat. Victims of domestic violence are more at risk for harm when attempting to leave their partners, either by going to a shelter, going to friends or relatives, seeking a divorce, or calling the police.
  
• Additional reasons Victims of domestic violence fail to cooperate with the prosecution are:
  Some fear a violent reprisal from the Abuser if he thinks she is helping the Prosecution.
  Some do not understand the criminal justice system and are afraid of it.
  
• Most Victims experience delays in the prosecution process, transportation costs, and days off work for attending court dates in which the case is continued.
  
• Many believe they will receive no satisfaction from following through with the Prosecution.
• Some are overwhelmed by feelings of guilt and shame that the abusive incidents are public.
  
• Some reconcile with the Abusers, and do not want to have the abusive incidents remembered.
  
• Some think they have obtained their goal regarding the apparent stopping of the violence, before the case goes to trial.
  
  How Can I Help to Get the Abuser Convicted of a Crime Committed Against Me?
  
• Seek Medical Attention Immediately. Tell the emergency room personnel what happened to you. Ask that they take photographs of your injuries.
  
• Make a Police Report because it will become evidence of the abuse, plus it can prove helpful to show past abuse, if the abuse continues.
  
• Save Evidence. The police should gather the evidence of the abuse at the scene. You should keep it if the police will not take it with them. Evidence includes dated photographs of your injuries and/or damage to the home, torn clothing, any weapons used, copies of your medical records, and the names and statements from anyone who heard or saw the attack.
  
• Ask the Prosecutor at the State's Attorney's office what you can do to help convict the Abuser of the crime being charged (for example, domestic battery or unlawful restraint). This will probably include your willingness to testify about the abuse in a Court hearing. However, once the Abuser hears that you are willing to tell the Court about the abuse at a hearing, many Abusers settle the case because they know the truth will come out. At that point, the Prosecutor may enter into plea negotiations with the Abuser, and you will not have to go to Court.
  

Civil Court Actions for Victims and Survivors

The lives of crime victims and survivors of homicide victims are abruptly shattered by perpetrators. Any single crime may randomly result in physical injury, the loss of a loved one, psychological trauma and the loss of property. Regardless of the type of crime or its degree of impact, all victims experience a loss of all sense of personal control over their lives.
Many victims, as a result of crime, are also suddenly immersed in the complexities of a two-party criminal justice system that does not include them as a formal party. While service providers, State legislatures and prosecutor offices throughout the country have made great strides during the past decade in recognizing victim needs and in protecting victim rights, the crime committed is treated by the criminal justice system as one against the state. Thus, the system is designed to protect and enforce the rights of society as a whole, NOT the individual rights of victims. Traditionally, it has functioned to convict, punish and rehabilitate criminals, not to assist victims. The role of the victim, at best, is simply one of providing the prosecutor with evidence to convict the alleged perpetrator.

In the criminal case, the prosecutor makes all decisions. He or she decides whether to file charges against an alleged perpetrator (defendant) based on an assessment of the legal adequacy of available evidence. Even though in some states the victim has a right to be consulted on plea agreements, it is largely within prosecutor discretion to decide whether to forgo a trial by accepting a plea on lesser charges in exchange for an admission of guilt. The prosecutor is responsible for proving beyond a reasonable doubt that an alleged perpetrator is guilty of the crimes charged (i.e., proving at least to a moral certainty). Failure to carry this burden of proof results in acquittal. A myriad of considerations, unrelated to the crime victim's victimization, may and often do affect the consequences faced by a perpetrator as a result of committing a crime.

But even with a successful conviction on behalf of society as a whole, victims of crime are still left with great physical, psychological and financial losses. The tangible costs of crime to victims, such as medical expenses, mental health counseling, and lost productivity, are estimated at $105 billion annually. The intangible costs-the price of the pain, suffering, and reduced quality of life victims must endure-are even greater: $345 billion annually (Victim Costs and Consequences: A New Look, Washington, DC: National Institute of Justice, U.S. Department of Justice, 1996). Although some victims are compensated through state victim compensation or through restitution ordered as part of a sentence, these sources frequently fall short of covering all of the losses suffered by a victim and/or a family. In particular, restitution and state-funded compensation rarely, if ever, compensate victims for the diminished quality of life resulting from continuing pain and suffering. A judgment in a civil suit can provide such compensation as well as secure important preventative measures that would not result from a criminal action alone.
It is primarily within the last decade that civil litigation has emerged as a meaningful option for crime victims and as a specialized area of attorney expertise. High-profile cases in recent years have highlighted the financial compensation and other benefits that are available to crime victims who pursue civil litigation. In one case, $33.5 million was awarded to the families of two murder victims, and in another, $5.2 million was awarded to a woman sexually assaulted at a Las Vegas convention. Other successful civil lawsuits were brought by the parents of a slain foreign exchange student, and by two adult sisters who were sexually abused as children. In just the last few years, issues of child sexual abuse in the Catholic church have dramatically raised the consciousness of not only the public and the legal community about civil legal remedies for victims, but the victim service field as well.

In addition to compensating victims financially for their losses, civil remedies empower victims to exercise their rights. In a civil lawsuit, the victim rather than the state is in control of essential decisionmaking. Victims decide whether or not to pursue a civil suit, and they choose their own attorneys. The burden of proof is lower in civil cases than in criminal cases, requiring a less rigorous measure of the evidence to establish liability. A defendant can be required to testify at trial, if subpoenaed. Furthermore, victims have a voice in the outcome of a civil action by deciding whether or not to accept a settlement offer.

Larger Effects
Civil litigation can have preventative effects as well. Civil suits may be brought against other parties involved in victimization. For example, a hotel or office building may be sued by a rape victim for security violations that allowed the attack to occur. This kind of lawsuit may change the way the defendant and others conduct business, reducing the possibility of further crimes.
Victim law suits against third parties can be credited for society's widespread concern over crime prevention and the implementation of standard security measures such as the installation of door peepholes in hotel doors, the provision of adequate lighting in apartment common areas, and the employment of security guards on college campuses. Civil suits brought by victims serve both to exact damages from perpetrators and to encourage potential third parties to adopt adequate crime prevention measures. These effects combine to deter potential crime, thereby contributing greatly to a safer society.

The overriding goal of both first and third party civil suits is to make the victim "whole" again. Although this goal may never be fully accomplished, a successful civil suit can help to cover expenses incurred as a result of the crime, encourage the adoption of societal safety practices, and restore confidence in the victim's ability to control his or her own destiny. Civil remedies provide unique opportunities for victims to recover for both economic and non-economic losses. At a minimum, if a victim is dissatisfied with the results of a criminal prosecution, if the perpetrator fails to meet restitution obligations, or if state compensation does not cover all costs incurred as a result of the crime, then civil litigation is a course of action worthy of consideration.
Basically, the tie between criminal actions and civil actions occurs because most criminal acts are also torts (civil wrongs) which have resulted in personal injury and loss of property. Causes of action in tort; such as assault and battery, wrongful death, negligent or the intentional infliction of emotional distress, false imprisonment, among other specific actions; provide the legal framework for civil actions brought by victims against perpetrators.

A tort may be the result of either an intentional act or inaction (failed to do something that they should have done), or the result of negligence. Both types of torts have several common legal elements.

First, the defendant must have had an intent to harm the plaintiff or the defendant must have negligently failed to perform a duty owed to the plaintiff (negligence). Second, the defendant must have committed the tortious act alleged in the civil complaint. And third, that act must have been the cause of the plaintiffs injury; the plaintiff would not have been injured but for the defendant's action or inaction.

The damages awarded for the injuries sustained may be compensatory (payment for expenses), punitive (punishment for a defendant's malicious actions) or pecuniary (coverage for lost wages or loss of potential income).

If you or a loved one is considering a lawsuit against someone who has victimized you, we strongly recommend that you check out a book by Kenneth Abraham, Professor of Law at the University of Virginia titled Forms and Functions of Tort Law: An Analytical Primer on Cases & Concepts. You can get an edition that's a few years old for less than $5.00 and learn a ton about how torts work, things people have sued for and won in the past, and get a good idea of how to approach a case.

Types of intentional torts:
An assault occurs when a perpetrator puts another in fear of being injured and has the capability of inflicting injury. Assault is the threat - which may be committed verbally (they tell you they will or want to hurt you) or may be understood by actions (like picking up a weapon, even if they don't actually use it or point it directly at you).
A battery occurs when a perpetrator has intentional, offensive physical contact with a victim--an offensive, unpermitted touching.

A wrongful death action can be filed if it is alleged that a perpetrator killed another without justification or excuse - self defense being one of the most commonly cited reasons.
False imprisonment occurs if a perpetrator confines a victim against his or her will, such as in a rape or hostage situation. A victim does not have to be bound or held for any length of time, just that they are not permitted to leave a situation at will. False imprisonment charges are commonly seen hand in hand with sexual assault charges, but are becoming more and more common in domestic violence cases, for example when one party blocks a door with their body or grabs a partner to keep them from leaving.

Intentional, reckless infliction of emotional distress occurs when a perpetrator, by extreme and outrageous conduct, intentionally or recklessly causes someone emotional distress. Again, due to their very nature, many cases of sexual assault will assume that distress occured. In domestic violence cases, examples might include threatening, hurting or killing a pet, threatening to hurt a friend, child or family member of the victim, or threatening to or actually disclosing the HIV status or sexual orientation of the victim.

Finally, the intentional torts resulting in property damage include conversion (an unpermitted taking of another's property) and trespass (a wrongful entry upon the lands of another). Trespass might also include leaving notes on or inside cars, post office boxes, etc.
Torts based on negligence, rather than intent, may be brought against first party perpetrators (the person who committed the act) or third parties whose negligence contributes to the commission of the crime or tort. Third parties may, for example, be held liable for the negligent infliction of emotional distress or wrongful death in instances where their conduct results in an unintentional death of another. The test for determining whether such a third party defendant is liable for such torts is whether he or she failed in his or her duty to act as a reasonable person would have acted under similar circumstances. If a reasonable person would not have foreseen injury to another person as a result of his or her actions, then the alleged third party will not be held liable for injuries that result from such actions or inaction.

When third parties are held liable for plaintiffs' injuries, they generally are not subject to punitive damages. This is because they do not intend for the victims to be injured. However, since third parties are often organizations or corporations, such actions can sometimes offer the victim alternative potential sources from which to collect other types of damages which might not be collectable against the perpetrator.

For example, where there is a chronic disregard of security complaints brought to the attention of an innkeeper, a hotel guest who becomes a rape victim may be able to allege a complaint against the innkeeper as well as the innkeeper's security company whose surveillance system failed to detect the perpetrator and prevent his gaining access to the victim. Such actions may be filed by a victim even if the rapist is never apprehended. They usually require, however, prior notice to the third party of an existing, persistent problem-- a problem which the negligent third party chose not to rectify. Apartment complexes and school campuses are other commonly cited third parties to crimes against victims.

Facts surrounding any victimization may also suggest causes of action against parents of a young or mentally incapacitated perpetrator, co- conspirators or those who aid and abet, or against negligent entrustors. Proof of alternate party liability may be pursued under any of the following doctrines and theories:

The doctrine of parental liability, available in many states, holds parents civilly liable for the torts and crimes of their children under certain circumstances.

Actions based on a co-conspiracy theory allege claims against those who agree to a given crime and assist the perpetrators who actually commit the acts constituting the crime (co-conspirators). For example, someone who drives the offender to the scene of the crime, knowing what the offender plans to do; someone who allows a stalker to use their phone, knowing that their assistance is needed because the victim has blocked the usual numbers the offender uses or because there is a restraining order in place, or someone who provides tools or weapons used in the crime.

The doctrine of negligent entrustment extends liability to those persons who give, lend, or allow someone to use, or should have anticipated that a given person would use a dangerous instrumentality to injure another. Negligent entrustment arises, for example, when an adult allows a child access to a firearm and the child, in turn, uses the weapon to injure another. These theories of party liability can provide victims with multiple, viable sources from which to collect judgment awards.

Common Defenses
Defendants may attempt to fight back by saying that they had a legally accepted reason for their actions. For example, a defendant might say that they were acting in self defense, or in the defense of someone else. For negligence, a defendant might say that the injured victim contributed to their own injury, or that the victim was more at fault for what happened (contributory or comparative negligence). Assumation of risk is another common defense, wherein, the perpetrator says that either they were provoked into acting the way they did, or that the victim consented to whatever was happening, thus accepting the risk. Failure of the victim to file their case within the applicable time frame (set out by each state as statutes of limitations) may also provide the perpetrator with a viable defense.

The civil protections available to defendants in civil tort cases are less stringent than criminal procedural protections because the civil defendant does not risk loss of liberty through incarceration. In civil courtrooms, a defendant cannot take the Fifth Amendment; they must testify if called upon to do so. Rules allowing for the discovery and admission of evidence are more flexible; prior similar acts are often admitted if relevant, and perpetrators cannot escape liability by reason of insanity.

Civil Suits vs. Criminal Prosecutions
It is likely that a victim wishing to vindicate his or her rights against a perpetrator or third party will find the civil court to be a much more agreeable forum than the criminal court. With respect to the weight of the evidence, a civil court plaintiff needs only to prove his or her case by a preponderance of the evidence; that is to say, he or she needs only to prove that it is more likely than not that the defendant is liable for the claims set forth in the complaint. This burden is less demanding than the one which must be carried by the criminal prosecutor--the burden of proving beyond a reasonable doubt that the defendant is guilty of the crimes charged.
While the victim has the option of proceeding with a civil action independent from the criminal prosecution, there are strategic considerations which affect both the criminal and the civil actions. For example, an early filing of a civil action may cause the criminal defense attorney to attempt to undermine the victim's credibility as a witness in the criminal case. Victim cooperation with the prosecution, as a witness, may be perceived by a judge or jury as cooperation based on an apparent monetary motivation. Since a criminal conviction may be used to support or even prove liability in a civil action, it may be in the victim's best interest to cooperate with the prosecutor on such matters as the timing of filing a civil action. Yet, too long a delay could very well jeopardize the victim's right to file a civil suit; i.e., the defendant may be able to say that you waited too long and that the statute of limitations has passed - meaning you have missed your window of opportunity for a law suit.

Generally, criminal charges translate into somewhat parallel civil causes of action. If a prosecutor obtains a conviction, a principle called collateral estoppel can often be used to establish tort liability in the civil case. Evidence proving criminal guilt ordinarily provides most of the evidence needed to prove that a tort occurred. If, however, the prosecution chooses not to prosecute or fails to convict a perpetrator, the victim should not be discouraged from considering a civil action. Since the civil burden of proof is less than the criminal burden, the victim may very well win his or her civil suit even though criminal charges are never filed; or even if the defendant is found innocent of the criminal charges. Plaintiffs in civil suits are assisted in their efforts to meet this lower burden of proof by flexible discovery rules allowing for a broad, pretrial inquiry into facts surrounding the event.

Disadvantages to Consider
To make an informed decision as to whether civil litigation is an appropriate course of action, victims need to be fully informed of both advantages and disadvantages of filing a civil suit.
The disadvantages are various, and depending on the factual scenario, they may be numerous, and perhaps overwhelming. Some of the disadvantages are as follows:
If the perpetrator has no assets, is not likely to come into any assets, and is not insured, then there may be limited prospects for a victim to collect on a judgment.

While some evidence, such as transcripts or depositions, may be transferable from the criminal court to the civil court, the victim may still have to offer testimony and confront the perpetrator during civil proceedings. He or she may have to repeat details pertaining to the victimization, and cope with the resulting psychological stress.

Because many jurisdictions have case backlogs, civil cases may be in litigation for years before a decision is rendered. Moreover, the civil justice system is full of the failings of any human-designed system and can be wrought with frustration and disappointment.
Victims may enter into contingency fee arrangements with civil attorneys to pay for services, but most often such arrangements do not relieve victims from having to pay for other litigation costs such as filing fees, deposition costs for obtaining expert testimony, etc.
If a judgment is obtained and collected, the victim will usually have to pay a percentage of the judgment to his or her attorney and may also have to reimburse the state for any crime victims compensation amounts received.

Victims can lose their civil suits, or receive minimal compensation.
It's important to be aware of these disadvantages so as not to allow yourself to become re-victimized. Hopefully this site has highlighted the advantages of civil litigation so that you will at least consider if this might be a good course of action for you. Civil litigation can offer victims monetary recovery essential to their physical and mental recovery; it can serve to further punish the perpetrator through the device of punitive damages; and it encourages potential third parties to take measures to prevent crime. Most importantly, though, civil litigation offers victims an opportunity to take control over legal matters pertaining to perpetrators and is an opportunity to make those perpetrators personally accountable to them.

Carefully weigh the advantages of civil litigation, such as empowerment and financial relief, as well as the above-cited disadvantages, so that an informed decision can be made as to whether the costs of pursuing this type of remedial relief are worth the potential gains.

Right of Choice: Violence Against Women

16.10.2006
Right of Choice : Violence Against Women
FACTS & FIGURES


At least one out of every three women around the world has been beaten, coerced into sex, or otherwise abused in her lifetime — with the abuser usually someone known to her. Violence against women and girls is a universal problem of epidemic proportions. Perhaps the most pervasive human rights violation that we know today, it devastates lives, fractures communities, and stalls development.

In a World Bank report, it was estimated that violence against women was as serious a cause of death and incapacity among women of reproductive age as cancer, and a greater cause of ill-health than traffic accidents and malaria combined. The economic cost is also considerable — a 2003 report by the Centers for Disease Control and Prevention (CDC) estimates that the costs of intimate partner violence in the USA alone exceed $5.8 billion per year: 4.1 billion are for direct medical and health care services while productivity losses account for nearly $1.8 billion.

Access to social services, protection, legal remedies, medical resources, places of refuge is limited despite the valiant efforts of numerous local NGOs to provide assistance. A climate of impunity further exacerbates the situation, ensuring that perpetrators go unpunished and free to continue their acts of violence. It is glaringly evident that much further effort is needed from governments and the international community to strengthen procedures and mechanisms to investigate, report, prosecute and remedy violence against women.

Past Domestic Violence Unreported - 3 Year Old Murdered!

Ohio Mom on Trial in Foster Son's Death
By TERRY KINNEY AP
BATAVIA, Ohio (AP) - A woman suggested binding her developmentally disabled 3-year-old foster son inside a closet, making her responsible for his death even if she did not intend it, prosecutors said Thursday as her murder trial opened.

A defense attorney, however, argued that Liz Carroll was a wife intimidated into going along with a plan hatched by her husband and his live-in lover. Carroll, 29, is charged with murder because prosecutors say she caused Marcus Fiesel's death by restraining him as she did. She and her husband also are charged with involuntary manslaughter, kidnapping, felonious assault and three counts of child endangerment.

In his opening statement, prosecutor Daniel "Woody" Breyer said Carroll suggested wrapping the boy in a blanket and leaving him alone while she and her husband, David Carroll Jr., and Amy Baker, who lived with the couple, went to a weekend family reunion in August. Breyer told jurors that the child was wrapped "much like a cocoon" with only his head and bare feet sticking out, and had been left that way before when the adults ran errands. "

He was confined as effectively as if he had been placed in a straitjacket," Breyer said. The child was dead when the Carrolls and Baker returned two days later. The Carrolls made up a story that he had wandered off or been taken from a park, prompting a massive search by authorities and volunteers. Defense attorney Gregory Cohen told the jury Liz Carroll was a caring person devoted to children and that David Carroll and Baker were responsible for the boy's death. "

I believe the evidence will show somebody else belongs there," Cohen told jurors of the prosecution's argument, pointing to an empty chair by his client at the defense table. In addition to murder, David Carroll, 30, is accused of burning the boy's body and dumping the remains in the Ohio River, and is charged with gross abuse of a corpse.

He is to be tried next month. Baker, 25, has not been charged and is expected to be the main witness against the Carrolls, who also face trial on lesser charges, including perjury and inducing panic, on their claim that the boy disappeared from the park.

The child was placed with the Carrolls three months before he died. The case prompted an independent review that found Butler County Children Services officials were not notified of David Carroll's domestic violence arrest. The detective who issued the report recommended the agency conduct better background checks and communicate more often with police.