March 19, 2007

Charging an Abuser

In Ontario, police and Crown counsel operate under a provincial government directive requiring that a charge be laid wherever there is any evidence that a domestic assault has occurred. Being married does not protect an abuser. A husband can be charged with sexually assaulting his wife. Given that men are generally the assaulters and women generally the assaultees, it stands to reason that men are more often charged than women. Your partner can also be charged and prosecuted for past episodes of violence.

This directive was issued so that women would not be the ones deciding whether or not a charge should be laid. Leaving such a decision to the victim would clearly compromise her safety at the hands of her assaulter/partner and leave her susceptible to being coerced into dropping the charges.

These goals may or may not have been achieved through the use of this directive. Certainly more charges are laid now, but women remain vulnerable to their assaulters. While they cannot be coerced into dropping the charges because that is a decision to be made by the Crown alone, they can be coerced, particularly where there is a history or fear of violence, into changing their testimony and denying the statement given to the police at the time of the assault. Technically, women can end up being charged themselves, with mischief or obstructing justice, if they recant on the witness stand what they have told the police in their original statement.

This directive and others like it across Canada are guided by a general societal commitment to ending violence against women and children. Even so, wife assault remains a significantly under-reported crime. Almost always a woman is assaulted many times before there is police involvement, so when the man is charged it is unlikely to be the first assault of the relationship. Charges too often result in a guilty plea to a lesser charge and a minimal penalty for the perpetrator.

Where the charge proceeds to a trial and results in a finding of guilt, penalties are still generally in the "slap on the wrist" category unless the accused is a many-time repeat offender. Probation is the most likely sentence, but probation officers are overworked and are not able to maintain an adequate level of supervision. There is a dearth of appropriate counselling available to men, even if they are ordered by the judge to participate. Increasingly, Crowns attempt to "mediate" by sending first time charges to alternative dispute resolution or by asking the victim if she would accept having the charge withdrawn if the perpetrator consents to a peace bond.

What happens if my partner breaks a condition?
If your partner does not obey the conditions, call the police. He may be charged with another criminal offence known as “breach of recognizance” or “failure to comply with a condition of undertaking or recognizance”.

What if the police do not lay charges?
If the police do not lay charges, ask them why. Ask to speak to another officer, such as the officer in charge of the station or the domestic violence co-ordinator if there is one. If you are not satisfied with their response, make a note of their names and badge numbers. You can
make a complaint to the Ontario Civilian Commission of Police Services. You should get advice from a lawyer or a community legal clinic before you do this.

Laying a charge yourself
You can lay a charge against your partner yourself for an assault that has just happened or that occurred in the past, whether or not the police were called at the time. If the police were called and they did not lay a charge, they should have made an “occurrence report”. You can use this report to lay a charge yourself, but you do not need to have one to lay a charge. Act as soon as possible after the assault because the court may question why you waited. There is usually a six-month deadline to lay the charge.

To lay a charge, you must see a Justice of the Peace. Call your local courthouse or look in the government blue pages of your phone book under Courts/Ontario Courts/Justices of the Peace, to find out where to go. Try to get there as early in the morning as possible because people are seen in the order that they arrive. You will have to tell the Justice of the Peace what happened. Be as specific and detailed as possible about the events that are the subject of the charge. If
you kept a written record, refer to it to refresh your memory. If you were threatened, try to provide the exact words used in the threat. Bring any other evidence you have such as photos, tape recordings, or medical reports. Tell the Justice of the Peace if there were any witnesses.
The Justice of the Peace will give you a date to appear in court to explain why you want to lay a
charge. If you have witnesses, you can bring them on that date. If they are not able or willing to go, tell the Justice of the Peace about them.

References

ONTARIO WOMEN'S JUSTICE NETWORK 158 Spadina Road, Toronto, ON Canada M5R 2T8

Domestic Assault: Are Prosecutions Fair? A Survivor Answers

February 2006

I was the victim of a domestic assault. The accused was acquitted recently.

Q. How many times was the woman assaulted before a first charge was laid against her male partner?
A. This was the second time, but I was already fearful of my partner. He said on a number of occasions that he could kill me so despite the physical violence there was emotional turmoil as well.
Q. Was he removed from the scene of the assault to be charged?
A. Yes
Q. Was he handcuffed or otherwise restrained?
A. Yes. The whole thing was traumatic though since I had no idea what would happen after calling 911. None at all.
Q. Was she able to give her statement to the police without the assaulter nearby?
A. Well here-in lies the problem. I didn't understand what the statement would be used for and fearing that I was in enough trouble already from my partner, I declined to give one (an official statement that is). However I co-operated fully with the police on the scene and gave them lots of evidence then.
Q. Did the police advise her of services available to assist/support her?
A. No. But I was later contacted by the Victim Witness program.
Q. Was she asked about any history of abuse when she gave her statement?
A. No. In fact because I was forth-coming with evidence on the scene the police may have not done as thorough of a job. They assumed that I would give an official statement I suppose.
Q. Was she encouraged to accept a peace bond or to enter into alternate dispute resolution?
A. No.
Q. If her assaulter was released on condition that he stay away from her, how helpful were the police in enforcing this condition?
A. Assaulter was restricted 500 m from the house and my place of business. Permitted third party contact only. We had no issues.
Q. Did her assaulter attempt to get her to change her story before trial?
A. I believe the assaulter tricked me into not giving a statement. I was told that a criminal record would affect his job and employability. He told others that he cared about me and wanted to come back. Because his job is most important to him, I was extremely fearful of doing anything more to antagonize him. He was already annoyed that I had dialed 911.
Did I change my story? No and I never would. But I had no one to help me understand what his story might be or the angle he might use to get off of the charges. Had I known that I might have focused on those areas and his story would have seemed less plausible.

A final comment to the Crown:
As a victim I felt I had no real representation. I felt like I was almost naked on the stand and was an emotional mess. My explanation of the truth could never come across as good as the story he made up to fit the evidence. His story was carefully thought-out, rehearsed and planned. My testimony was really just a nightmare relived without the supporting details that would have given it the credibility it required. If the Crown are going to lay charges and make the assaulter angry, it would be nice that they try harder to get a conviction. He was definitely guilty, but he used the standard defence of 'self-defence' and an accident to explain away the violence. Now he seems to think his acquittal is proof of his innocence. If I don't go along with him he will be hauling me into family court. He has the money to "officially" harass me. I suspect I'm safe physically, but I can't ever be sure of that.
References:

Ontario Women's Justice Network. 158 Spadina Road, Toronto, ON Canada M5R 2T8tel: (416) 392-3135 TTY: (416) 392-3031 fax: (416) 392-3136 email: owjn@web.ca

March 4, 2007

Dreams

I had another confusing dream last night. The same woman from my dream several nights ago, professing to be an 'isangoma,' (I thought she previously called herself a 'sangoma') was present, once again luring me to her mountain-eclipsed coastal land with outstretched arms. She dressed me in a red cloth, pointed to my lower back, and said 'ukuthwasa' several times, possibly seven times. We stood on the same red dirt I recall from my last dream. She had beads in her hair and wore the same colourful bracelets. I felt at peace. I felt my grandfather's reassuring presence. It felt so real. In this dream, she kept calling me 'thwasas.' When I heard these words, I could also see them clearly before me. Prior to awakening, I recall her saying softly,"You can see. You've always seen." Then I awoke suddenly in a sweat.

I have no idea what these dreams mean. I don't know if this is a real language, or if I have actually misspelled any of the words I am certain I heard. I am intrigued that there exists consistency between these two dreams. Once again, if any readers have possible suggestions as to what these words mean, or the possible interpretation of these two dreams, please email me or provide a comment.

Trauma: violence and assault

The following excerpts are from recent readings of trauma:

Domestic violence is control by one partner over another in a dating, marital or live-in relationship. Domestic violence includes physical abuse, sexual abuse, psychological abuse, and abuse to property and pets. Exposure to this form of violence has considerable potential to be perceived as life-threatening by those victimized and can leave them with a sense of vulnerability, helplessness, and in extreme cases, horror. Physical abuse refers to any behavior that involves the intentional use of force against the body of another person that risks physical injury, harm, and/or pain. Physical abuse includes pushing, hitting, slapping, choking, using an object to hit, twisting of a body part, forcing the ingestion of an unwanted substance, and use of a weapon. Sexual abuse is defined as any unwanted sexual intimacy forced on one individual by another. It may include oral, anal, or vaginal stimulation or penetration, forced nudity, forced exposure to sexually explicit material or activity, or any other unwanted sexual activity. Compliance may be obtained through actual or threatened physical force or through some other form of coercion. Psychological abuse may include derogatory statements or threats of further abuse (e.g., threats of being killed by another individual). It may also involve isolation, economic threats, and emotional abuse. Survivors face many obstacles in trying to end the abuse in their lives. The victim may face psychological and economic entrapment, physical isolation and lack of social support, religious and cultural values, fear of social judgment, threats and intimidation over custody or separation, immigration status or disabilities and lack of viable alternatives.

Abusers often starts insidiously and may be difficult to recognize. Early on, a partner may seem attentive, generous and protective in ways that later turn out to be frightening and controlling. Initially the abuse is isolated incidents for which the partner expresses remorse and promises never to do again or rationalizes as being due to stress or caused by something you did or didn’t do.

Traumatic stress is produced by exposure to events that are so extreme or severe and threatening, that they demand extraordinary coping efforts. Such events are often unpredicted and uncontrollable. They overwhelm a person's sense of safety and security. Terr (1991) has described "Type I" and "Type II" traumatic events. Traumatic exposure may take the form of single, short-term event (e.g., rape, assault, severe beating) and can be referred to as "Type I" trauma. Traumatic events can also involve repeated or prolonged exposure (e.g., chronic victimization such as child sexual abuse, battering); this is referred to as "Type II" trauma. Research suggests that this latter form of exposure tends to have greater impact on the individual's functioning. Domestic violence is typically ongoing and therefore, may fit the criteria for a Type II traumatic event.

Violence causes invisibile wounds. Society does not appreciate the full range of human experience that exists alongside tragic events. Many traumatized people suffer a divide in their conscious minds. The mind stuggles to maintain its sanity by cracking in two: one half holding on to all it previously believed in, and the other half turning toward the chaos of anniilation. The victim suffers the excruciating pain of trying to survive with both minds intact, the mind of 'hope' struggling to avoid dominance by the mind of 'despair.' This struggle continues long after the trauma has subsided.

When oppressed, people are capable of detaching their emotions and thoughts from their physical body. They can withdraw into themselves so that they 'saw nothing, heard nothing, and spoke nothing.' They can behave like ragdolls, having no reaction to what occurs around them.
Many victims of trauma, when asked how they feel at a particular time, describe feelings of emptiness or being numb. Some victims have difficulty showing emotion, or identifying their emotion. They may appear like a blank slate, or they may constantly hide behind a smile as a way to shield others from sensing their despair. Often, victims of trauma have difficulty reacting to the trauma of others. They are able to survive day to day by being great pretenders.

Responses to traumatic experiences can be divided into at least four categories (Meichenbaum, 1994). Emotional responses include shock, terror, guilt, horror, irritability, anxiety, hostility, and depression. Cognitive responses are reflected in significant concentration impairment, confusion, self-blame, intrusive thoughts about the traumatic experience(s) (also referred to as flashbacks), lowered self-efficacy, fears of losing control, and fear of reoccurrence of the trauma. Biologically-based responses involve sleep disturbance (i.e., insomnia), nightmares, an exaggerated startle response, and psychosomatic symptoms. Behavioral responses include avoidance, social withdrawal, interpersonal stress (decreased intimacy and lowered trust in others), and substance abuse. The process through which the individual has coped prior to the trauma is arrested; consequently, a sense of helplessness is often maintained (Foy, 1992).

Domestic violence leaves the injured feeling that they deserved their punishment.
Sexual assault leaves the injured feeling that they are unclean and need to be cleansed.
Violence's major message: "You are nothing. You are worthless."

Oppression places the victim in a position of no control over their body, over their environment. This may result in obessive-compulsive types of behaviour as a way to regain control over their environment. They may exhibit symptoms of eating disorders, or the need to constantly structure their environment and lifestyle. They may chronically clean (their body or their environment), organize, or make lists. They make seek routine as a way of organizing or controlling their life. They may engage in self-harm activities, believing that they deserve punishment or as a way to reinforce the worthlessness that they were led to believe of themselves. This shows that violence does not end with the perpetrator but continues with the victim.

Perpetrators find ways of getting the victim to doubt their own sanity. Victims, in turn, doubt that anyone--even trained health professionals, police, or the justice system--would believe in the truthfulness of their experience. History shows that victims are trapped in a vicious cycle whereby they are abused twice over--once by their perpetrators and then by the very people they turn to for help--including policemen, judges, friends, and even relatives. Given that police have one of the highest rates of domestic violence and often do not receive adequate mental health/trauma training, it is understandable why they are not completely entrusted with the victim's experience.

It is common in abuse situations for victims to question their own reality. They develop a hard shell or dummy personality so that they can emotionally resist all that is happening to them. Some victims even have difficulty breaking communication with those that caused them harm. Many victims cannot even tell their parents, relatives, friends, coworkers, or neighbours about the abuse because of shame and humiliation, particularly in cases of low-grade chronic violence seen in situations of domestic abuse. In these situations, it is difficult for society to understand why victims remain in their situations, not realizing the brain-washing that occurs to convince the victim that it's their fault, it's for their own good, no one will believe them, or they are over-exaggerating. The victim then enters the perpetrator's reality, meaning that the abuse was normal and to be accepted. This may result in cognitive dissonance, which is the ability of the victim to simultaneously hold at least two opinions or beliefs that are logically or psychologically inconsistent. In some cases the person is aware of the contradiction. In other cases they are only conscious of the two beliefs separately, in different contexts. Also, people feel cognitive dissonance when they have performed actions that are inconsistent with their conscious beliefs. People who feel dissonance tend to try to reduce the dissonance by changing either one of their beliefs or their actions, such as victims convincing themselves that their abusers truly care about their wellbeing or victims believing that they instigated a rape. Contrary to untested popular belief, trauma survivors experiencing cognitive dissonance may engage in self-sabotaging behavior, but not suffer from low self-esteem.

Domestic violence often becomes a pattern made up of three stages depicting how love (for the partner), hope (that the relationship will get better), and fear (of retaliation for ending the relationship) keep the cycle in motion and make it hard to end a violent relationship. Perpetrators of violence often apologize, make promises to change, and pay special attention to their partners immediately following a violent incident. This period is sometimes referred to as the "honeymoon period" because of the positive feelings resulting from the release of tension and the hope that things will change for the better. This kind of spontaneous change rarely occurs, however, because the underlying pattern of control and lack of communication and compromise has not changed.

Every abusive person has a different set of signs that indirectly tells the partner an attack is about to happen. Examples may include unstable employment, pregnancy, and financial difficulty. Being aware of these “signs” can help a woman in an abusive relationship know when she will be attacked. Society also has not acknowledged the pattern of escalating danger to the victim when divorce or separation is sought.

It takes a victim a lifetime to clean off the defilement of a single act of rape or years of domestic abuse. Humiliation is closely associate with the feelings of shame, embarrassment, disgrace, and depreciation that are common reactions to violent actions. Victims may refuse to speak or only say what they think others--including police or loved ones--want to hear. When they choose to carefully share their story with someone of trust, they frequently share only a fraction of the their pain. They are vulnerable to emotional and physical pain when they retell their stories. They may hesitate to relate an event for fear that a fresh wave of suffering will surface and they will be reijured. Often they have gained significant insights that are barely holding them together. Some victims may be eager to share their story in order to heal, but cannot find a person of trust to divulge to. Others may not want to share how they are coping, lest doing so will make their strategies fail.


Sufferers do not suffer all the time. There are lapses when they can experience laughter, but ask them if they are truly happy and they may not be able to identify with that emotion. For a survivor to feel free to experience their emotions, they must be assured a safe forum. Like the majority of humans, trauma survivors want to feel loved and safe to love.

Traumatic events can be associated with positive changes in an individual's personality and behaviour. Many survivors choose to take the lessons learned from their personal experiences of violence to make positive contributions to society. They may provide direct assistance to other trauma victims, or get involved in activities that provide relief of suffering to others, humans and animals alike. Traumatized persons are not usually emotionally hardened by violence but are, in contrast, delicately attuned to the nuances of human interactions. They are extremely sensitive and empathetic to the plight of others.

Formulating new relationships is very difficult for survivors of trauma. Encounters with others open up the possibility of the unknown, particularly disappointment. There is a risk that the other person may not want to be intimately involved with someone who has survived trauma. Survivors experience this rejection as being revictimized--judged for experiences over which they had little control. Victims intensely fear rejection or that no one will have interest in their story. Telling their story is the centerpeice of the healing process, told in their words about the traumatic life events they have experienced and the impact of these events on their wellbeing.

References

Dutton, M.A. (1994). Post-traumatic therapy with domestic violence survivors. In M.B. Williams & J.F. Sommer (Eds.), Handbook of post-traumatic therapy (pp. 146-161). Westport, CT: Greenwood Press.

Dutton, M.A. (1992). Women's response to battering: Assessment and intervention. New York: Springer.

Foy, D.W. (1992). Introduction and description of the disorder. In D. W. Foy (Ed.), Treating PTSD: Cognitive-Behavioral strategies (pp 1-12). New York: Guilford.

Ganley, A. (1989). Integrating feminist and social learning analyses of aggression: Creating multiple models for intervention with men who battered. In P. Caesar & L. Hamberger (Eds.), Treating men who batter (pp. 196-235). New York: Springer.

Graham-Bermann, S. (1994). Preventing domestic violence. University of Michigan research information index. UM-Research-WEB@umich.edu.

McKay, M. (1994). The link between domestic violence and child abuse: Assessment and treatment considerations. Child Welfare League of America, 73, 29-39.

Meichenbaum, D. (1994). A clinical handbook/practical therapist manual for assessing and treating adults with post-traumatic stress disorder. Ontario, Canada: Institute Press.

Schwarz, R. (2002). Tools For Transforming Trauma. New York: Brunner-Routledge.

Van der Kolk, B. A., McFarlane, A. C. & Weisaeth, L., Editors. (1996). Traumatic Stress: The Effects of Overwhelming Experience on Mind, Body, and Society. New York: The Guilford Press.

March 3, 2007

Fundamental Principles

Virtue, good conduct, and morality--these practices are guided by fundamental principles. Developing my mind is my path to wisdom, which in turn leads to personal freedom. This also strengthens and controls my mind, helping me to maintain good conduct.

"The greatest achievement is selflessness. The greatest worth is self-mastery. The greatest quality is seeking to serve others. The greatest precept is continual awareness. The greatest medicine is the emptiness of everything. The greatest action is not conforming with the worlds ways. The greatest magic is transmuting the passions. The greatest generosity is non-attachment. The greatest goodness is a peaceful mind. The greatest patience is humility. The greatest effort is not concerned with results. The greatest meditation is a mind that lets go. The greatest wisdom is seeing through appearances."
-Atisha.

March 1, 2007

Dreams

I had a dream last night. The way it came to me leads me to believe it is significant. I can't make sense of it.

I saw a woman who identified herself as a "sangoma" set against a backdrop of costal mountains. I noticed she wore bracelets of red, black, and white beads (the same colours of my national flag). She extended her hand to me. I reached out and held it, and I was pulled towards where she stood on her land. We entered a steam room "for purification," she said. I remember feeling internally cleansed and at peace. "Heal," she said several times. She made a sudden move with her hand, and I saw bones scatter across the red dirt, at which point I heard drumming and chanting (I could not see their origin). When I looked at the floor again, I saw four tablets, which I sensed to be ivory or some type of bone.

The sangoma brought herself into a trance and began to speak. I wish I could recall all that she said. I sensed a deep understanding from her--not judgement. There was calmness in her voice. She said "ulas" and then scrolled several words in the red dirt which, to my amazement, I can recall clearly: "othandweni na," "zidela," and "injabulo." She then disappeared and I awoke immediately.

If anyone has any idea as to the interpretation of this dream, or what these words could mean, please provide your comment to my post.