Can you believe this one?
Senator Bundgaard of Arizona was not sent to jail for a single night after a domestic violence attack on his girlfriend because of an Arizona law that grants immunity to the Senator while the legislature is in session.
His girlfriend was arrested.
It sounds like a case of both of them acting violently towards each other, but because one of them is a senator and the legislature was in session he was able to and did use his "get out of jail free card."
This has to be one of the most archaic laws on the books in the state of Arizona.
Not only is the law Senator Bundgaard was able to use to stay out of jail antiquated but why is a man charged with making Arizona law and policy breaking it and then using it for protection.
This is reminiscent of the "olden days" when a man was arrested for domestic violence and would call his boss from jail to bail him out.
Is this not the ultimate example of domestic violence taking advantage of the workplace?
Pamela
Sunday, February 27, 2011
Wednesday, February 2, 2011
Can We Sentence The Victim?
Judges have no power over the victim and yet because of the victims own actions she may put herself in further danger by recanting her statement at trial. I recently sat through the following trial.
Ex-husband and wife still work together at the same company. She begins dating another co-worker. She shows up at work one morning after being beaten by the new boyfriend from work and tells her ex-husband her new boy-friend beat her. The ex-husband calls the police. The police come to the workplace take the victims photographs and signed statement that the new boyfriend caused her injuries.
At trial the victim recanted her statement under oath and swore it was not her new boyfriend that caused her injuries. Unfortunately this is all too common according to our local DV prosecutor. Police are called, the victim gives a statement, signs it and then changes her mind after the police leave.
Women have many and varied reasons for changing their minds at trial. I’m sure they all believe that they are doing the right thing. Some victims have been threatened by their abuser to recant, some need the financial support of their abuser and they won’t get that if he is in jail and some may just feel that “any man is better than no man.” The victim knows the abuser best and leaving a violent relationship is extremely dangerous and may even be fatal. But how can we make a victim understand that she has power? The law and an entire community is supporting her and she is not alone in her struggle to free herself from a violent relationship.
This is not victim blaming. It’s victim hoping and praying! Hoping and praying that the victim will understand she doesn’t have to live in free and pain even if it took a judge to sentence her to learn how?
Ex-husband and wife still work together at the same company. She begins dating another co-worker. She shows up at work one morning after being beaten by the new boyfriend from work and tells her ex-husband her new boy-friend beat her. The ex-husband calls the police. The police come to the workplace take the victims photographs and signed statement that the new boyfriend caused her injuries.
At trial the victim recanted her statement under oath and swore it was not her new boyfriend that caused her injuries. Unfortunately this is all too common according to our local DV prosecutor. Police are called, the victim gives a statement, signs it and then changes her mind after the police leave.
Women have many and varied reasons for changing their minds at trial. I’m sure they all believe that they are doing the right thing. Some victims have been threatened by their abuser to recant, some need the financial support of their abuser and they won’t get that if he is in jail and some may just feel that “any man is better than no man.” The victim knows the abuser best and leaving a violent relationship is extremely dangerous and may even be fatal. But how can we make a victim understand that she has power? The law and an entire community is supporting her and she is not alone in her struggle to free herself from a violent relationship.
This is not victim blaming. It’s victim hoping and praying! Hoping and praying that the victim will understand she doesn’t have to live in free and pain even if it took a judge to sentence her to learn how?
Saturday, January 29, 2011
"FIGHTING IT OUT IS NEVER OKAY"
Last week while speaking to about 50 convicted domestic violence perpetrators I was reminded how far our society has to go in eradicating violence in general and more specifically intimate partner violence. The group of people I was speaking to were all convicted and court mandated to attend this two hour one evening panel.
They hear from a law enforcement officer, a perpetrator counselor, a graduate of the perpetrator counseling program and myself on the topic of domestic violence.
So, here's one of the questions that was asked that evening. If a man and a woman are in an intimate relationship and having an argument, both of them agree to go out in the alley and fight it out, is that domestic violence? If both parties agreed ahead of time?
Here's the simple answer: YES
To borrow a phrase "There is no excuse for abuse."
Pamela
They hear from a law enforcement officer, a perpetrator counselor, a graduate of the perpetrator counseling program and myself on the topic of domestic violence.
So, here's one of the questions that was asked that evening. If a man and a woman are in an intimate relationship and having an argument, both of them agree to go out in the alley and fight it out, is that domestic violence? If both parties agreed ahead of time?
Here's the simple answer: YES
To borrow a phrase "There is no excuse for abuse."
Pamela
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