LEGAL RESPONSES TO SEXUAL AND DOMESTIC

VIOLENCE

Rus Ervin Funk, MSW

WHAT WE’LL COVER Responding to reports Being victim-supportive Holding men who are violent

accountable Working collaboratively with victim-

service advocates Your role (both officially and in their

other roles in live and in the community) to encourage other men and boys to prevent violence against women

DUO- DEFINITIONS

RAPE/SEXUAL ASSAULT

Legal definition

Victim-centered/feminist definition

DISCLOSURE EXERCISE

DOMESTIC/DATING VIOLENCE Legal definition

Focus on incidenceFocus on violence” or imminent threat

Victim-centered/feminist definitionFocus on contextFocus on dynamics

WHY DOES SHE STAY?• Fear• Love• Lack of support• Self-blame• Internalized anger• Doesn’t want to leave– End abuse, not relationship

• It could get worse• It might get better• He needs me• Blame from others• Shame

WHY DOES HE “HIT”?

• Witnessed as a child• Anger issues• Mental illness• Substance use/abuse• Depression• Low self-esteem• Inability to express his

feelings• Communication issues• He doesn’t know any

better…

…He Chooses

to

RESPONDING TO VICTIMS Gathering evidence Secure the scene Creating a relationship Understand victim dynamics

There is no “set” victim response

INVESTIGATING DOMESTIC VIOLENCE Separate parties Understand victim dynamics

Initial disclosure is the tip of the icebergShe’s protecting herself, the children and

himHer minimizing behaviorsOperating out of self-blame

Look for children Observe evidence Assess for safety

WHY SHE ACTS LIKE SHE DOES Safe to be angry Minimizes the threats

PROSECUTING Notice and respond to threats Monitor the victim’s responses to the

process

HOLDING ABUSERS ACCOUNTABLE Work with prosecutors as a team Immediate accountability Ensuring follow through Create a system of accountability Build in ways to alter charges and

sentencing based on additional information that comes from the victim (or others)

WORKING COLLABORATIVELY Advocates are your allies (although with

distinct roles and priorities) The more supportive victims feel

The more willing they are to follow through with the legal process

You’ll get more details and likely more crimes

The more confidence they will have with you

The more satisfied they will feel with the process (regardless of outcome)

Your success (convictions and sentences) will be higher

Higher rate of community satisfaction and support

CASE EXAMPLEYou’re called to investigate a Domestic Violence situation. Both parties have injuries, and have been drinking. He is relatively calm and cooperative, she is highly emotional, angry and somewhat combative.o What assumptions are you making

based on this information?o What additional information do you

need?o How are you going to get it?

CONTINUED…She has a black eye a bloody lip and possibly a broken hand.He has scratches on his neck and face and bruises on his chest.o What assumptions are you making

based on this information?o What additional information do you

need?o How do you identify offensive vs

defensive wounds?

CONTINUED…

WHY MEN CHOOSE TO BE VIOLENT

A lack of identification with the victim. A perception of the situation as one that

calls for violence. A decision to act violently The means of doing harm to the other

person.

YOUR ROLE IN PREVENTIONAs part of the legal system Understand the role of secondary

prevention to primary prevention Reducing all crime (and violence) is a

part of your mandate

YOUR ROLE IN PREVENTIONAs men & women in the community You also have other roles in the

community Not everyone has to do everything, but

everyone has to do one thing How can you, in these other roles, work

to prevent violence against women in your communities?Take a pledgeModel Educate/raise awareness about preventionDevelop leadershiporganize

THANK-YOU!!!

Rus Ervin Funk

PO box 4878Louisville, KY 40204

www.rusfunk.comwww.mensworkinc.com

(502)494-9044