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“The Link” Between Cruelty to Animals and Domestic Violence

Presenter: Diane Balkin, Esq.

September 29, 2020 OFFICE OF COURT IMPROVEMENT

Hosted by:

“The Link”

▪ When animals are

abused, people are at risk…

▪ When people are

abused, animalsare at risk.

Criminal Animal Laws

Protect People from Animals

Protect Animals from People

City StateAnimal Crimes

Crimes Against Animals

Unjustifiable Pain

Physical PainDeprived ofNecessary Sustenance

Cruelly Treated

Cruelly Beaten

Neglect

Omission

Mistreatment

Overdriven

Suffering

Overloaded

CauseWillfully Set

on Foot

Fight

Torture

Bestiality

Just like any other crime…except:

▪ Investigators, prosecutors, and courts are already under-resourced and over-burdened

▪ Crime scenes (including the body of the animal) are often not documented or processed

▪ Victim can never tell you what happened

▪Extremely high social media and mainstream news visibility

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Who are the Abusers?

Anyone … regardless of•Age•Race•Gender•Socioeconomic status•Education•Sexual orientation•Religion•Etc.

Who are the abused?

What constitutes the abuse? Anything …

• From intentional, to knowingly, to recklessly, to negligently

• From act to omission

Common Exemptions

•Accepted agriculture and livestock practices

•Entertainment•Circus, rodeo, zoo

•Fishing, hunting, trapping•Wildlife management•Veterinary care•Research•Vermin•Training •Dogs running at large or worrying sheep

Exception to

Exemption

States with felony statutes 1992 (7)

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States with felony statutes 2020 (All)How to find any state’s statutes and

ranking

https://aldf.org/project/us-state-rankings/

§828.02

“Animal” includes every living dumb creature

“Cruelty” includes every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused

§828.12 Cruelty to Animals

(1) Misdemeanor: A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a misdemeanor of the first degree

(2) Felony: A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree

“The Link”

▪Between cruelty to animals and violence towards humans ▪Between a human and an animal▪Among the agencies and individuals concerned about the safety of the community

Awareness of “the link” is

a matter of public safety and human

welfare

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Pets are part of the family Human-Animal Bond

▪ People look to their pets for support, comfort & security (McNicholas & Collis, 2006)

▪ Pets positively impact physical health and reduce stress (Friedmann, Son & Tsai, 2010)

▪ Pets provide greater life satisfaction (Raina, et al. 1999)

▪ Pets help us cope better with loss and grief (Bolin, 1988)

A child in America is more likely to grow up with a pet than with a stay at home father. (2001)

Gail Melson

Why is it important?

▪Crime prevention

▪ Breaking the cycle of family violence

William Hogarth (1697 - 1764)

“The Four Stages Of Cruelty”

Woodcuts made in 1750

The First Stage of Cruelty

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The Second Stage of Cruelty Cruelty in Perfection

Reward of CrueltyHenry Bergh (1811 – 1888)

Founded 1866

Mary Ellen Wilson

The American

Society for the

Prevention of

Cruelty to

Children

Founded 1875

Jeffrey Dahmer

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43% have histories of animal abuse

Arluke & Madfis (2013): Animal abuse as awarning sign of school massacres. Homicide Studies, 20(10), 1-16.

School Shooters

Florida School Shooter - Feb. 2018 “The median age for the onset of hurting animals is 6½ years old.” Earlier than bullying, vandalism and setting fires.”

~ Frick, et al. 1993

http://www.ncjrs.gov/html/ojjdp/jjbul2001_9_2/contents.html

Undeniable “link”

A child’s cruelty to animals may be an indicator that the child has suffered serious neglect or abuse; and may lead to an increased likelihood of other violent behaviors in childhood and adulthood.

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http://nationallinkcoalition.org/http://animaltherapy.net/animal-abuse-human-

violence/link-bibliography/

http://coloradolinkproject.com/

FBI -NIBRS

NIBRS – Types of Animal Abuse

▪ Simple/gross neglect

▪ Intentional abuse and torture

▪ Organized abuse (dog fighting and cock fighting)

▪ Animal sexual abuse

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Strategic Vision:

The different forms of violence—child abuse and neglect, youth violence, intimate partner violence, sexual violence, elder abuse and suicidal behavior—are interconnected and often share the same root causes. Understanding the overlapping causes of violence and the things that can protect people and communities can help us better prevent violence in all its forms.

What is “The Link” in the context of family violence?

Domestic Violence

Child Abuse

Elder Abuse

Animal Cruelty

Animal cruelty in the context of domestic violence

"Domestic violence" also includes any other crime against a person, or against property, including an animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

People v. Garcia(NY)2004 Slip Op 24077 [3 Misc 3d 699]

Sup Ct Appellate Div, First Dept, NY 29 A.D.3d 255 [N.Y.A.D. 1 Dept., 2006]

Defendant engaged in domestic violence and stomped goldfish to death in front of three children.

Question of whether goldfish was a companion animal was resolved in the affirmative

Conviction for aggravated cruelty was based on the connection between people and companion animals

(1962)

(1996)

The “Battered……..”

(1979)

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Scope of the Problem:

What research tells us

▪ Batterers who also abuse pets are more dangerous than batterers who do not abuse pets. They use more controlling behaviors, and more forms of violence

▪ Sexual violence & marital rape

▪ Emotional violence▪ Stalking

~ Simmons, C.A. & Lehman, P. (2007), Exploring the link between pet abuse and controlling behaviors in violent relationships. Journal of Interpersonal Violence.

Scope of the issue:

What research tells us

▪ Multiple studies show that up to 71% of DV survivors reported their partner killed, harmed or threatened an animal.

▪ 32% reported their children had hurt or killed animals. ~Ascione, 1998

▪ 75% of incidents of animal abuse occurred in the presence of children. ~ Quinlisk, 1994

Animals as victimsState v. Nix, 251 Or App 449, 283 P3d 442 (2012)*

Police entered a farm and discovered several emaciated animals, as well as many rotting animal carcasses. A jury found the defendant guilty of 20 counts of second-degree animal neglect, but the district court, merged the verdicts into a single conviction.

Court of Appeals reversed saying the specific purpose of protecting individual animals from neglect was at the heart of the legislation. and concluded that the individual animal identified in each count for which defendant was found guilty qualified as a separate victim.

State v. Fessenden, 310 P.3d 1163 (Or. App., 2013), aff'd, 355 Or. 759 (2014)

Defendant appealed her conviction for second-degree animal neglect based on the condition of her horse. The court found that the emergency aid exception extends to nonhuman animals when law enforcement officers have an objectively reasonable belief that the search or seizure is necessary to render immediate aid or assistance to animals which are imminently threatened with suffering, serious physical injury or cruel death. Here, the deputy sheriff found that the horse was more emaciated than any other horse he had ever seen and there were signs of possible organ failure. Nothing in the record suggests that simply providing the horse with a meal would have alleviated the emergency.

Protecting Pets and Humans

“No Hit Zone”

https://endhitting.org/no-hit-zone-2/

“Addressing the most prevalent risk factor of physical child abuse.”

Criminal Procedure§03.047:Conditions of pretrial release.

If the court issues an order of no contact, the term “no contact” includes the following prohibited act:

Having physical or violent contact with the victim or other named person or his or her property.

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Domestic Relations Chapter 741: Domestic Violence

Following provisions effective July 1, 2020:

▪In determining whether a petitioner is in imminent danger of being the victim of domestic violence, the Court must consider whether the respondent has intentionally injured or killed a family pet [§741.30(6)(b)4]

▪The Court should ask if there is a family pet and whether the pet has allegedly been abused.

▪The Court may:▪ Award temporary custody of the pet to the petitioner; order the

respondent to temporarily have no contact with the pet; enjoin respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal [§741.30(5)(a)4]

▪ Custody, no contact and no taking of the animal may be made permanent [§741.30(6)(a)7]

https://www.flcourts.org/content/download/634468/7208948/Animals%20and%20Interpersonal%20Violence.pdf

§92.55(5) Use of therapy animals or facility dogs

The Court is authorized to allow a facility dog or therapy animal to be present when the court is taking the testimony of

▪ A victim or witness under the age of 18

▪ A person who has an intellectual disability

▪ A sexual offense victim or witness

A facility dog is one “that has been trained, evaluated, and certified as a facility dog pursuant to industry standards and provides unobtrusive emotional support to children and adults in facility settings”

A therapy animal is one which “has been trained, evaluated, and certified as a therapy animal pursuant to industry standards by an organization that certifies animals as appropriate to provide animal therapy.” § 92.55(5)(b). Many circuits in Florida allow facility dogs and therapy animals to be a comforting presence for victims and witnesses as they testify in certain proceedings.

Domestic Violence Pet Support

“SAF-T” Sheltering Animals & Families TogetherPet-friendly women’s sheltershttp://alliephillips.com/saf-tprogram/about-saf-t/

www.redrover.org

Grants for construction; Grants for

vet care; Shelter locator

Safe Havens mapping; Safety planning; Protection orders

https://safeplaceforpets.org/shelter-map?loc=florida

Shelter Locator - Florida

Considerations in Resolving Animal Crimes

▪Humane education▪Surrender of animals▪Diversion▪The Courts▪Evaluation▪Treatment▪Restitution▪Ownership/possession bans▪Commitment/Incarceration

Forensic Animal Maltreatment Evaluation (FAME)

Offense specific evaluations▪Relationship between defendant and animal victim

▪Degree of injury

▪Location of incident –public/private

▪Family history

▪Criminal history

▪Motive/intent

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Animal Cruelty Psychological Assessment Instruments and Tools for Treatment

AniCare and AniCare Child: An Assessment and Treatment Approach for Childhood Animal Abuse, developed by the Doris Day Animal Foundation and Society and Animal Institute

Animal Abusers Interview and Risk Assessment Tool (AARAT), developed by Phil Tedeschi of the University of Denver School of Social Work

AnimalCourts.com (www.animalcourts.com) developed by Judge Dr. Philip J. Taylor, JD, PhD

Benchmark Animal Rehabilitative Curriculum (B.A.R.C.) developed by Deb Knaan and Nicole Herft

Boat Inventory on Animal-Related Experiences (BIARE), developed by Barbara Boat, Child Trauma Center, University of Cincinnati

Children and Animals Assessment Instrument (CAAI), developed by Frank Ascione of Utah State University

Children’s Attitudes and Behaviors Toward Animals (CABTA). Guymer, E.C., Mellor, D., Luk, E.S.L. & Pearse

Children’s Treatment of Animals Questionnaire (CTAQ), developed by Kelly Thompson and Eleonora Gullone

Clinical Assessment of Juvenile Animal Cruelty, developed by Shari Lewchanin and Ellen Zimmerman

Cruelty to Animals Inventory (CAI), developed by Mark Dadds

P.E.T. Scale of the Measurement of Physical and Emotional Tormenting of Animals, developed by Ann Baldry of the Free University of Amsterdam

Animal Cruelty Risk Levelshttp://coloradolinkproject.com/assessment-and-intervention/risk-levels/

Response Continuum

Resources and Tools for Judicial Decisionmaking and Leadership on

Animal Cruelty Issues

2019 U.S. Animal Protection Laws State Rankings https://aldf.org/project/us-state-rankings/

Colorado LINK Project https://coloradolinkproject.com/

National Link Coalition https://nationallinkcoalition.org/

Subscribe to the Coalition’s LINK newsletter

Use the Coalition’s Toolkit to create a task force

http://nationallinkcoalition.org/wp-content/uploads/2013/01/TOOLKIT.pdf

ALDF Link Factsheet: https://aldf.org/wp-content/uploads/2018/07/The-Link-2018.pdf

Animals & Society Institute: http://animalsandsociety.org/helping-animals-and-people/assessment-for-practitioners

Enhanced Resource Guidelines in Child Abuse and Neglect Cases: https://www.ncjfcj.org/publications/enhanced-resource-guidelines/

NCJFCJ Technical Assistance Bulletin:

Animal Cruelty Issues: What Juvenile and Family Court Judges Need to Know: https://www.ncjfcj.org/wp-

content/uploads/2019/07/NCJFCJ_ALD

F_Animal-Cruelty-TAB_Final.pdf

Diane BalkinChief Deputy District Attorney Denver, Ret.Senior Staff Attorney, ALDF, Ret.

303-884-2000balkinwise@comcast.net

Thank You! Any questions?

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