VUSRP II

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1.

Introduction – Ana López’s Story *

… I wanted to protect myself and the children, but I didn’t know what to do

. I wanted to call the police, but I didn’t think they would believe what had happened. Eventually, I got so desperate that I picked up the telephone receiver anyway. But when the voice on the other end talked to me in English, I didn’t know what to say.

I started speaking Spanish, but the operator couldn’t understand me . I turned to my children, because they had picked up some English, but they were too afraid to say anything. I was frightened and embarrassed. I felt completely alone.

As I was trying to figure out what to do, I heard Roberto walking up the porch steps to the front door. I put the telephone down and grabbed the children. We ran to the bedroom, and locked the door. I could hear Roberto walking into the kitchen and cursing. I hid the children in the bedroom closet and prayed that Roberto wouldn’t find us. But he did….

* A composite of abused immigrant women’s testimonies from the Tennessee Coalition Against Domestic and Sexual Violence

2.

Defining Terms: Who Are “Hispanics”?

• “Hispanic” is:

– “a label of convenience utilized to refer to those individuals who reside in the

United States and who were born in or trace the background of their families to one of the Spanish-speaking Latin-American nations or Spain

.”

– (Marín & Marín, 1991, p. 1)

Hispanics in the United States by Race and Ethnicity (March 2002)

3%

3%

4%

9%

18%

63%

Mexican

Puerto Rican

Cuban

Salvadoran

Dominican

All Other Hispanics

Countries With Significant Hispanic Populations

Note: For countries in dark blue, Spanish language and culture developed through colonization by imperial Spain. Areas in light blue have experienced recent migrations of Hispanics from former Spanish colonies.

Source: United States Census Bureau News, “Facts for Features: Hispanic

Heritage Month, 2007,” Released July 15, 2007.

3. Defining the Problem:

What is “Domestic Violence”?

The Violence Against Women and Department of Justice Reauthorization

Act of 2005 (VAWA 2005):

– “domestic violence” includes felony or misdemeanor crimes of violence committed by:

• a current or former spouse of the victim

• a person with whom the victim shares a child in common

• a person who is cohabitating with or has cohabitated with the victim as a spouse

• a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies

• any other adult person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction”

4.

What is the Scope of the Problem?

What are the Phenomena?

The Problem:

Domestic violence committed by undocumented Hispanic male immigrants against their undocumented Hispanic female immigrant partners

The Perpetrators:

• Abuse and acculturation are directly related: 12.8% of Mexican-born Mexican

Americans vs. 30.9% of U.S.-born Mexican Americans perpetrate physical abuse.

– By comparison, 21.6% of Whites perpetrate physical abuse

(Sorrenson & Telles, 1991).

The Victims:

• Up to 49.3% of undocumented Hispanic immigrants may be physically abused by their spouses

(Hass, Dutton, & Orloff, 2000).

• Hispanics stay in abusive relationships longer than other racial / ethnic groups

(Torres, 1991; Torres 1987).

Hispanics are more likely than Whites to return to abusive relationships

(Torres, 1987)

– 52% of Immigrant Latinas are still with their batterers

(CIRRS, 1990)

5. Why Does the Problem Need to be Solved?

Humanitarian Concerns

• Congressional Mandate

Growing Problem

As Hispanics become a larger portion of the American Population, the problems faced by the Hispanic community have an increasingly detrimental effect on the overall health and productivity of the American population

Projected United States Population by Race and Ethnicity (2000 - 2050)

Hispanic (all races)

White*

102,560,000

35,622,000

210,283,000

195,729,000

Black*

Asian*

Other Races **

61,361,000

35,818,000

33,430,000

10,684,000

22,437,000

7,075,000

0

2050

2000

419,584,000

* Represents people of one-race who are not Hispanic.

** Includes American Indian and

Alaska Natives, Native Hawaiian and

Other Pacific Islanders, and people of

Two or More Races

Source: U.S. Census Bureau, 2004, "U.S.

Interim Projections by Age, Sex, Race, and

Hispanic Origin.”

6. Understanding and Solving the Problem:

Scholarly Contributions

1.

Expanding the the Ecological Framework

Providing a comprehensive, ecological view (Bronfenbrenner, 1979) of domestic violence among heterosexual couples of undocumented Hispanic immigrants living in the United States

2.

Using the Ecological Framework to Find Solutions

Using the ecological framework to propose solutions instead of merely describing phenomena as do Perilla (1998) and Malley-Morrison & Hines (2004).

3.

Adding Qualitative Data to Current Scholarship

Sharing information from a qualitative survey distributed to 72 Nashville organizations

7. Understanding and Solving the Problem:

Research Methods

1.

Statistical, behavioral, and cultural research

2.

Qualitative Survey

3.

Service Learning

Immigrant Legal Clinic (Tennessee Coalition Against Domestic and Sexual

Violence)

• Translating Victims’ Testimonies

Interviewing Advocates

Filing U Visas

8.

Understanding and Solving the Problem:

The Ecological Framework

Ecological Theory (Bronfenbrenner, 1979) explains how interactions within specific environments (The Macrosystem, Exosystem, Mesosystem, and Microsystem ) dictate human behavior.

Macrosystem -- Society, Economy, Politics, Language, Culture, and Law

Exosystem -- The Larger Community

Mesosystem --

An Individual’s Immediate Neighborhood

Microsystem --

Behavioral Genetics and an Individual’s Immediate

Environment (e.g. the home)

Source: Derived from Bronfenbrenner’s 1979 theory of Ecological Development

9. Undocumented Hispanic Couples:

Applying the Ecological Framework

Factors Which Aggravate Domestic

Violence:

Hispanic Cultural Scripts (e.g. Machismo ), Acculturative Stress,

Undocumented Status, Language Barriers, Inadequate Legal

Remedies (U Visas, Orders of Protection, etc.), Discrimination, and

Limited State and Federal Domestic Violence Services.

Neighborhood Social Disorganization and Crime, Poverty and

Unemployment, Women’s Employment, Community Acceptance of

Violence, and Inadequate Local Domestic Violence Resources.

Genetic Predisposition to Violence, Age, Alcoholism and Drug

Abuse, Dependency Relations Between Partners (Economic,

Linguistic, Emotional, etc.), Learned Helplessness, Posttraumatic

Stress, and Social Learning of Violence.

10. What Are the (Ecological) Solutions to the Problem?

Risk Factors (for Domestic Violence)

Language Barriers

(

 lack of knowledge about legal rights and resources)

Hispanic Cultural Scripts which Condone Violence

(E.g. Marianismo, Machismo, Familismo, Respeto, & Catholicism)

Dependency Relations

(e.g. a woman may be dependent on her abuser for financial support and language interpretation)

Social Learning of Domestic Violence

(children who witness domestic violence may become abusers and victims as adults)

Inadequate Legal Remedies

E.g. U Visas, orders of protection, imprisonment of abusers, mandatory arrest policies…

Diminishing the Risk Factors

English Language Instruction in Hispanic Communities;

Bilingual Staff & Publications for Social Service Organizations

Reinterpret Cultural Scripts by Emphasizing Positive Hispanic

Cultural Values (e.g. family unity, respect, mutuality, and humility)

Create Women’s Work / Support Groups and Community-Based

Education Services so that women can survive without their abusers and can become equal contributors in their relationships

Counseling for children whose parents are in abusive relationships

Expand women’s choice of remedies

Provide prevention services for domestic violence services (instead of only responding to abuse which has already happened) for both men and women

Current remedies give abused women few options – if women want legal protection, they must leave and help deport their abusers (though this might not be in the woman’s economic and cultural interest)

Introduce culturally-appropriate mediation / counseling services and Restorative Justice approaches

Legal remedies emphasize punishment instead finding / responding to the factors behind the abuse

Reconcile competing immigration and domestic violence laws (e.g.

INA Section 287g and VAWA)

11. Selected Results (Qualitative Survey)

Q: How would you characterize the relationship between prosecutors, judges, police, and the Hispanic/Latino community they serve?

*

A:

“There is little relationship. They [Hispanic immigrants] are afraid of the police and fear deportation (if applicable). The language barrier causes misunderstandings.”

--Dr. Carol H. Gibson (Crisis Counseling Supervisor; Metro Nashville Police Department)

A:

“Either very good or very bad – no middle ground. Some are wonderful in understanding the Latino–specific issues. Others are blatantly racist and disrespectful.”

--Legal Services Provider

* Question #3 of the Legal and Advocacy Groups Survey Supplement - included in the Appendix.

Source: Erb (2008). The Appendix outlines the methods used to obtain data for the qualitative survey created for this research paper.

12. Acknowledgments

• Faculty Sponsors

– Dr. Roger Conner (Vanderbilt Law School)

– Dr. Cynthia Wasick (Vanderbilt Dept. of Spanish and Portuguese)

• Financial Support

– Dr. Craig Smith & the VUSRP Committee

• Service Learning Partners

– Atty. Robin Kimbrough (Tennessee Coalition Against Domestic and

Sexual Violence

– Dr. Mark Dalhouse and Martha Dale (Vanderbilt Office of Active

Citizenship and Service

– Elizabeth Reed (YW Shelter)

• Survey Participants

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