AGA Case Studies - Ghana Police Training GBV

Lt. Mark Wynn (ret) Markwynn.com

markwynn@edge.net www.markwynn.com Wynn Consulting

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Until the 20th century, it was not illegal for a man to beat his wife.

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The rule of thumb expression comes originally from English common law that said that a man could beat his wife with a rod or a switch, so long as its circumference was no greater that the girth of the base of the man’s right thumb. No reciprocal right of chastisement was ever accorded to wives. For four decades in the U.S., it was legal for a man to beat his wife.

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Beating one’s wife was not a crime Police were not allowed to make arrests in misdemeanor cases - UNLESS they witnessed the crime

Dramatically changed since the 1980s due to:  Changes in misdemeanor laws allowing for warrantless arrests  Changing social views and victim advocacy work  Increasing legal liability  Research focusing on the impact of arrest

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Mental or physical illness Genetics Alcohol/Drugs Anger and Out of Control Behavior  Stress  The Victim!    

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70% of Law Enforcements Domestic Violence Calls have children present in the home. Children who witness severe repeated violence in the home are six times more likely to become a violent offender later in life.

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Recognize, document and report the presence of children in the home.

Response?

Given these realities of violence against women crimes, perpetrators and victims, what strategies could we adopt for better:

Prevention?

Investigations?

MS/MW

1995 Nashville, Tennessee YWCA Crisis line

Victims of VAW: • Not going to be a “perfect” victim • Often delay reporting crime

• Experience trauma because of the violence • Are often threatened, afraid & reluctant • May feel powerless to stop the violence

• May have vulnerabilities that perpetrator will

exploit

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Perpetrators of VAW: • Plan their crimes

• Ensure there are no witnesses • Are strategic and calculating • Engage in “testing” to select victims

• Are often repeat offenders with a series of and/or

multiple victims • Escalate violence over time

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The Criminal Justice System is by design and necessity, incident focused ▪ What is the intent of the offender?

▪ What is the meaning of the act to the victim?

▪ What is the effect of the violence on the victim?

▪ What is the context of any given act of violence?

▪ Consider the particulars, how much violence, coercion or intimidation accompanying the violence

Common characteristics of violence against women crimes • • • • • •

Course of conduct vs. incident-based Multiple concurrent crimes Traumatic impact Minimization by victim Underreported Serial nature of perpetrators

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 Better interviews and better evidence  Give context to behavior  Help with memory  Mitigate secondary trauma and the long-term

health impacts of trauma  Promotes healing Not understanding leads to bad outcomes and potentially long-term, devastating consequences for the victim and community

Trauma Informed Response • Myths and misconceptions impact the pursuit of justice • Delayed reporting, inability to recall details and sequence of events is common as a result of victim trauma – Impacts of trauma can be life long

• Traumatic memory is stored in the brain differently • Impacts of trauma are frequently misinterpreted as not telling the truth causing the false reporting myth

Commonly missed crimes in the context of violence against women • • • • • • •

Stalking Intimate partner sexual assault Strangulation Felony threats Weapons violations Kidnapping Witness Intimidation

“Surviving victims of strangulation assault are 750% more likely of becoming a homicide victim.”

▪ (Glass, et al, 2008).

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Reasons co-occurring crimes are missed by officers • • • • • •

Lack of training Lack of communication Language barriers Insufficient supervisor oversight Personal beliefs and/or biases Minimization RC/MW

Impact of missing co-occurring crimes • • • • • •

Violence escalates/fatality Victim and officer safety compromised Liability issues Loss of community trust Recidivism/re-victimization Victim hesitation to report further incidents RC/MW

Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated against another. Includes physical violence, sexual violence, psychological violence, and emotional abuse.

National Coalition Against Domestic Violence http://www.ncadv.org/

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USING COERCION AND THREATS

USING INTIMIDATION

USING ECONOMIC ABUSE POWER AND CONTROL USING MALE PRIVILEGE

USING CHILDREN

USING EMOTIONAL ABUSE

USING ISOLATION MINIMIZING DENYING AND BLAMING

CDC 2010 National Partner and Sexual Violence Survey: •

1 in 5 women have been raped in their lifetime

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1 in 71 men have been raped in their lifetime

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Sexual violence victimization other than rape (coercion or unwanted sexual contact) - Nearly 1 in 2 women (44.6%) - 1 in 5 men (22.2%)

• Historically most sexual violence is

committed by men directed at women, but men can be victims too…

• Equity & Inclusion: our response must be culturally relevant and inclusive of diverse communities, identities, underserved and/or marginalized populations • LGBTQ victimization – underreporting

 16.3% chance that rapists will end up in prison (NCPA from US DOJ stats)

 In a sample of imprisoned sex offenders with fewer than 2 known victims, offenders actually disclosed an average of 110 victims

 Separate sample found that sex offenders commit sex crimes for an average of 16 years before being caught (Ahlmeyer, Heil, McKee &English 2000)

 1 in 4 / 1 in 5 college women will be victim of attempted or actual sexual assault during college National Institute of Justice, Bureau of Justice Statistics 10 (Dec. 2000)

 As low as 16% of sexual assaults are reported (Kilpatrick, Dean G., et. al. 2007)

 2013 FBI Crime Report = 79,770 rapes (legacy definition)  2013 Change in Uniform Crime Report definition for sexual 

assault Sexual assault is the most underreported violent crime in the U.S.

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April 2012: UN crime-fighting office announced 2.4 million people across the globe are victims of human trafficking at any one time 80 percent are being exploited as sexual slaves; two out of every three victims are women Estimated that only 10 percent of police departments in U. S. have protocols on trafficking; limited training http://www.humantrafficking.org/updates/893

• Listen to this person’s account • Pay attention to what you are hearing and how you are reacting • Turn up your volume

What did you hear?

Perception of Sexual Assault Crimes and Victims Background  Dating relationship  Differing levels of sexual experience  Had willingly engaged in intimate activities  No prior penetration with this boyfriend  Was explicit she did not want to have intercourse

Perception of Sexual Assault Crimes and Victims Circumstances of Incident  In his fraternity house late at night • She repeatedly said “no”, not ready, did not want intercourse • Protracted verbal persuasion (20-30 min) • She stopped saying no • He penetrated her multiple ways (1-1.5 hrs) • She did not know what to do

Perception of Sexual Assault Crimes and Victims

How did she demonstrate non-consent?

What, if any, crimes have been committed?

Perception of Sexual Assault Crimes and Victims Victim’s Reality • • • • • • • •

Was explicit she did not want intercourse Did not know what to do Aware of environment- 6 other men in house Did not scream, did not know how to scream Withdrew, watched it happen to her Pretended it did not happen Afraid to call it rape Unable to be alone with him again

Non-Stranger Sexual Assaults Common Circumstances • Delayed reporting • Victim reluctance, feeling guilty • Possible prior sexual contact • Impact of alcohol/drugs • Often less physical injury • Lack of suspect forensic evidence • Question of consent H

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Establish Probable Cause Identify the Offender Locate the Offender Identify The Victim Collect and Preserve Evidence Assess for lethality/danger

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Does she/he believe the threat?

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Was it made in the presence of other people? In writing? In a recorded phone conversation or text messaging?

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Is it detailed and specific?

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Is the threatened act consistent with past behavior?

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Have there been “rehearsals” of the act that is being threatened?

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Does the threat extend to others, (the children, police, her new lover, the workplace)?

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Does the threat involve murder, suicide or both?