June 9-13, 2014
The University of Tennessee at
Chattanooga
Participant’s Manual
Sponsored by:
The Tennessee Coalition to End Domestic and Sexual Violence
2 International Plaza Dr. Ste. 425
Nashville, TN 37217
www.tncoalition.org
615-386-9406
This project is funded under an agreement with the State of Tennessee Department of Finance and Administration, Office
of Criminal Justice Programs, grant ID #4831.
Table of Contents
Chapter 1
Introductions and Overview……………………………………..…………1
Chapter 2
History of the Crime Victims’ Rights Movement in the United States……2
Chapter 3
Victims’ Rights Laws in the United States……………………………….32
- Special Topics Supplement: TN Crime Victims’ Compensation……….81
Chapter 4
Navigating the Justice System………………………………………..…..95
Chapter 5
Communication with Victims and Survivors………………………...…134
- Special Topics Supplement: Child Victimization……………………..159
- Special Topics Supplement: Sexual Assault……………………...…...199
Chapter 6
Impact of Crime on Victims………………………………………….....249
Chapter 7
Direct Services………………………………………………………......265
- Special Topics Supplement: Domestic Violence………………………293
- Special Topics Supplement: Rural Issues……………………………...362
- Special Topics Supplement: Victimization of
Individuals with Disabilities ……………………………………….….381
Chapter 8
Collaboration for Victims’ Rights and Services………………………...415
Chapter 9
Ethics in Victim Services………………………………………………..465
Chapter 10
Cultural and Spiritual Competence……………………………………...484
Chapter 11
Developing Resilience…………………………………………………..522
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CHAPTER 1
INTRODUCTION
The National Victim Assistance Academy (NVAA) was established in 1995 by the Office
for Victims of Crime (OVC) to offer an academic-based curriculum that emphasized
foundation-level education in victimology and victims’ rights and services. The original
NVAA was coordinated by the Victims’ Assistance Legal Organization (VALOR) in
cooperation with four universities and was offered at as many as five sites
simultaneously. Following a 2003 formal evaluation, OVC decided to formulate a new
NVAA model, to revise and update the text and structure, and to standardize the
curriculum. The NVAA was redesigned to include three instructional tracks, to better
meet the training needs of those in the victim services field.
Track 1, Foundation-Level Training, is skill-based training that provides professionals
and volunteers who assist victims and survivors of crime with a broad understanding of
the victim services field and lays the groundwork for building a career in the victim
services field.
As a result of this training, participants will learn about the history of the victim services
field. They will also learn how to assist victims in attaining their basic rights as victims,
how to navigate the criminal justice systems; how to communicate effectively with
victims; how to effectively provide direct services to victims while recognizing cultural
and spiritual issues that impact service; how to make ethical decisions; how to increase
their resilience; and how to collaborate with other agencies to best provide services to
victims.
The other NVAA Tracks are Track 2, Specialized Training, and Track 3, Leadership
Institute.
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CHAPTER 2
HISTORY OF THE CRIME VICTIMS’ MOVEMENT
IN THE UNITED STATES
Steven Derene, Steve Walker, Ph.D., and John Stein, J.D.1
This chapter reviews the influence of ancient legal
and social codes on today’s victims’ movement and
provides an overview of movements that were
precursors of the crime victims’ movement. The six
stages of the movement are then delineated. Finally,
the major milestones at both the federal and state
level are summarized.
NVAA Module 2
Learning Objectives

Identify the major
social/political movements
that contributed to the rise of
the victims’ rights movement.
Today’s view of violent crime and victimization is
 Describe three major federal
victims’ rights laws.
quite different than in the 1970s. The nation’s
 List five national victim
emotional and legal reaction to criminals has
advocacy organizations.
changed dramatically. Why have personal and
political responses changed during this period? This
chapter will first summarize the early legal codes from which today’s victims’ rights
evolved; then it will focus on the historical development of the crime victims’ movement
and the reasons for the public’s more recently altered perceptions of crime and the
treatment of crime victims.
In the last three decades, the crime victims’ movement has emerged as a powerful source
of social, legal, and political change. Many early pioneers of the crime victims’
movement were influenced by the cultural environment created by the civil rights and
antiwar movements. Meanwhile, the women’s movement, as well as the law and order
movement, led more directly to the emergence of a clearly defined crime victims’
movement. The history of the movement can be divided into six stages, each denoting
new developments in victim involvement and services, changes in service providers’
attitudes, new theoretical concepts, and ongoing legal changes. This description is, by
necessity, not inclusive of all historical facts; rather, its purpose is to acquaint the reader
with the zeitgeist, or spirit, of each stage of the crime victims’ movement.
1
Authors of this chapter are Steven Derene, Executive Director, National Association
of VOCA Assistance Administrators, Madison, WI; Steve Walker, Ph.D., California
State University, Fresno, CA; and John Stein, J.D., International Organization for
Victim Assistance, Newberg, OR.
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EARLY LEGAL CODES
Modern legislative codes primarily have evolved from earlier legal codes as an
attempt to define and deal with deviant behavior. The focus has predominantly been
on the criminal and his or her motivation, not on the victim and his or her needs. Max
Weber stated that the primary purpose of the law was to regulate the flow of human
interaction in order to make the behavior of others predictable (as cited in Rheinstein,
1954). Historically, laws also serve other purposes: banishing private retribution,
reflecting public opinion, deterring criminal acts, punishing offenders, and providing
socioeconomic control (Siegel, 1989). These various purposes almost exclusively
focus on altering the criminal’s behavior.
The question is how other systems have made room for the victim in this discussion of
the purpose of the law. Roscoe Pound, a great modern legal scholar, believed that the law
was malleable and a tool of social engineering (Pound, 1968). Pound believed that the
law should change with societal changes and the advent of new ideas. He espoused a
series of jural postulates that reflected the shared needs of society. In this context, the
needs and rights of crime victims are appropriate aspects of any legal code, especially
today, as victim issues have emerged since the 1970s. The following sections will detail
how several ancient and modern societies have attempted to protect crime victims’ rights.
Code of Hammurabi
King Hammurabi ruled Babylon around 2000 B.C.E. (Before the Common Era) for
about 55 years. He was the sixth king of the First Dynasty of Babylon, which was the
commercial center of the known civilized world. Babylon’s strength and the length of
Hammurabi’s reign created a time of great stability. To enhance this stability of both
social and commercial life, Hammurabi created a code that established rules for all
aspects of his subjects’ lives (Gordon, 1957).
This code was intended to replace clan blood feuds with a system of laws sanctioned and
administered by the state. The code contained five sections (Gordon, 1957):
1. A code of basic laws.
2. A manual of instruction for judges, police officers, and witnesses.
3. A handbook of rights and duties of husbands, wives, and children.
4. A set of regulations establishing wages and prices.
5. A code of ethics for merchants, doctors, and officials (Masters and Roberson,
1985).
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In essence, the Code of Hammurabi was a set of laws, an administrative manual, a set of
Old Testament-type commandments, a collection of commercial regulations, and a
statement of professional ethics. Western society has all of these, but they are often found
in separate volumes under the jurisdiction of separate administrative entities. This code
was indeed a broad undertaking to provide order and stability in its time.
The code established three major changes in society’s view of the law that directly
affected the stability of society and the treatment of crime victims. Again, these changes
were directed at terminating the clan rule by the blood feud, which often was perpetuated
for generations and affected the basic continued existence of an entire society (Wallace,
1998). The three major changes were:
1. An assertion of the power of the crown or state. This was the beginning of
state-administered punishment. Blood feuds between private citizens were banned
under the code.
2. Protection of the weaker from the stronger. Widows were to be protected from
those who might exploit them; elderly parents were protected from sons who
would disown them; and lesser officials were protected from harassment by
higher officials.
3. Restoration of equity between the offender and the victim. The victim was to
be made as whole as possible, and, in turn, he or she was required to forgo
vengeance and forgive the offender.
Of significance for the later victims’ movement was that this was one of the first victims’
rights statutes in history. Punishment of the offender and restitution to the victim were
equally important in Babylonian society. Two other ancient societies also attempted to
deal with victims’ rights. Both of these influenced English and American law.
Roman Law
The next major attempt to codify the law to avoid personal disputes and blood feuds was
Roman law. During the period known as the Pax Romana, Roman law affected most of
the civilized world, including England. These laws were derived from the Twelve Tables,
which were written in about 450 B.C.E. As with the Code of Hammurabi, these tables
delineated a set of basic rules pertaining to family life, religious practices, and economic
endeavors. For the first time in Roman life, written laws now applied to all classes of
society (Wallace, 1998).
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Later, Emperor Justinian I codified these tables into a set of writings. The Justinian Code
distinguished two types of laws:

Public laws. These dealt with the organization and administration of the
Republic.

Private laws. These addressed issues such as contracts; possession and other
property rights; injuries to citizens; and the legal status of various persons, such as
slaves, husbands, and wives.
This code contained elements reflected later in both English and American civil and
criminal law. From 100 B.C.E. to about 400 C.E. (Common Era), Roman law and
customs were forced on the English people and influenced the development of English
legal practices into the Middle Ages.
Jewish Law
The oral tradition of the Mosaic Code probably began several centuries B.C.E., and it was
written for the first time in the fifth book of the Hebrew Bible, Deuteronomy, around 100
B.C.E. This covenant or contract between Yahweh and the 12 tribes of Israel has had a
long-lasting effect on all Judeo-Christian societies, especially England and America. The
Ten Commandments’ prohibition against murder, perjury, and theft became the basis for
the laws in these two societies (Wallace, 1998).
Of equal influence was Deuteronomy’s prescription for the punishment of these and other
crimes: “an eye for an eye, tooth for tooth, hand for hand, foot for foot” (Deuteronomy
19:21 TNIV). This early pronouncement of basic justice owed to victims was not meant
to be taken literally, according to rabbinic tradition. Rather, it was interpreted to mean
that the victim of a crime should receive from the criminal the value of an eye, a tooth, a
hand, a foot, and so forth. This was the first formalized proposal of victim restitution
since the Code of Hammurabi.
English Law
From the Middle Ages until the Norman conquest in 1066 C.E., England was a
decentralized country with multiple kings and nobles holding power over their individual
lands. There was little written law, and crimes during this period were viewed as personal
wrongs, not the concern of the state as in the Code of Hammurabi. Restitution for the
offense (known as wergeld) was paid directly to the victim or the victim’s family. If the
offender failed to make payment, revenge was exacted, and often a blood feud ensued.
The victim’s right to equity was preeminent, but the stability of society was very tenuous.
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However, with the advent of William the Conqueror’s rule in 1066, royal administrators
rode the circuit and rendered justice. To make this new system more palatable, these
administrators combined Roman law with local custom and rules of conduct to guide
their judgments. This system of standing “by the decided law” would have a direct effect
on the later development of English common law (Wallace, 1998).
Common law was recognized before William’s rule. This traditional body of unwritten
legal precedents created by court decisions (as distinguished from written statutory law)
was used by the royal judges as they started their deliberations. They would review past
decisions that were similar to their current case and apply them when possible. Then, in
the 11th century, King Edward the Confessor (1042–1066) proclaimed that common law
was the law of the land, and court decisions were then recorded that could be used by
lawyers in pleading their cases. Common law was the melding of existing legal practices
known as Dane law and Mercian law with West Saxon legal practice. The concept of
common law greatly influenced the development of American law and its early emphasis
on restitution and victims’ rights.
The final step in the codification of laws in England was the signing of the Magna Carta
in 1215. This was a written statement of the basic liberties granted to English noblemen
and the people. The U.S. Constitution and its unique statement of individual rights and
liberties, and American legal practices in general, were greatly affected by the way this
document evolved as a claim of everyone’s rights against the state.
United States Law
This focus on the development of law builds upon an almost 4,000-year history of some
attention to victims’ rights. American law combined common law, written statutes
enacted by a legislative body, and the foundation of the Constitution. From the time of
the earliest settlers in this country in the 16th century until early in the 19th century,
victims served as police officers and prosecutors (or hired them) and prosecuted crimes
done to them in much the same way that they might seek redress in civil courts. The main
form of punishment imposed was an order of restitution, just as in common law. The
victim often arranged for a posse to capture the thief, paid an attorney to prosecute the
case, and may have even paid the expenses for a circuit judge to come to that jurisdiction.
The most significant development in the treatment of crime victims was the establishment
of public prosecutors. “The office was first established by statute in Connecticut in 1704,
whose example was soon followed by the other colonies. However, it was not until
shortly after the Revolution that this office emerged as the predominant method of
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prosecution” (McDonald, 1976, p. 660). According to one scholar, the “monopoly of
criminal prosecution by the district attorney is more the result of a misunderstanding of
history than of explicit legislative direction” (Goldstein, 1982, pp. 518-9), in that most
statutes at the time authorized the district attorney to prosecute criminal cases but did not
explicitly preclude victims or anyone else from prosecuting on their own. Nevertheless,
courts subsequently interpreted—or misinterpreted—English precedents, eventually
leading to the standard that only district attorneys could conduct criminal prosecutions
(Goldstein, 1982).
Between 1850 and the early 1970s, the victim’s central role faded and then was lost. It is
difficult to clearly distinguish why this radical change occurred. As with most social
processes, it must have been a slow, gradual process. Before the 1850s in America, two
major changes may have influenced this decrease in attention to victims’ rights.
Government began turning law enforcement and prosecution over to new public servants,
in part because the system of private prosecution favored those with means. The general
welfare of the community became the focus, breathing new life into the traditional
English theory that crime was primarily a wrong against the public and only secondarily
against the individual. The fact that the newly created public prosecutors were elected
reinforced their self-image as serving the greater good.
In this changeover, restitution was seen as being owed to society, not to the victim, in the
form of fines, a principal form of punishment in the years predating the widespread use of
prisons. This led to the second major change. In the same period, the mid-19th century
Philadelphia Quakers constructed a special kind of jail where convicts were expected to
do penance for their wrongs (hence “penitentiaries”). This was the advent of building
more and larger penitentiaries as the primary mode of punishing or correcting offenders.
If a debt (time more than money) was owed to society, more places were required to pay
this debt. Restitution to the victim became an afterthought that was now seen as the
purview of the civil court. With fewer stringent guidelines and even fewer resources,
victims’ rights languished within the civil court system for almost 125 years.
Starting in the 1970s, the societal view of criminals’ and victims’ rights began changing
dramatically and not always on parallel tracks, given the differing kinds of reforms that
advocates sought for victims. In 1972, an assistant district attorney in Milwaukee County,
Wisconsin, published an article in the Notre Dame Law Review that described the
“pattern of blindness and neglect” with which witnesses were treated (Ash, 1972, p. 399).
The article drew attention to the critical role of crime victims in the criminal justice
system and encouraged the development of what was then referred to as “witness
appearance-control projects” (Ash, 1972, pp. 411-12).
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Victim issues gradually moved back into the mainstream of the criminal justice system
and led to the creation of entirely new kinds of social services. The following sections
delineate the reasons for these changes and describe the movements that helped
precipitate this return to the victims’ rights of the late 1700s and early 1800s.
EMERGING SOCIAL MOVEMENTS
It was not until the 1800s that women like Susan B. Anthony began to rebel against male
domination and abuse. Most known for her zeal in promoting the right for women to
vote, Anthony was also creating the first women’s movement in this country by
addressing domestic violence, the victimization of prostitutes, and the battle for equal pay
for women. She published a newspaper edited by and for women, cautioning workers
about sexual harassment while railing against substance abuse and pointing out that
women beaten by their intoxicated husbands were its most common victims (Sherr,
1995).
Friends, when we come before you to advocate the Cause popularly termed
“Women’s Rights,” we simply ask that woman not be wronged. We ask for her
justice and equality—not favor and superiority—the rights and privileges her
humanity charters to her equally with man, not arbitrary power and selfish
domination. (Sherr, 1995, p. 50)
In 1866, the American Society for the Prevention of Cruelty to Animals was formed,
followed by the Society for the Prevention of Cruelty to Children in 1975, both predating
any formal organization to prevent cruelty to women in the United States. In spite of the
noble efforts of Susan B. Anthony and Elizabeth Cady Stanton, and, one generation later,
Jane Addams, who founded Hull House in Chicago, not much changed for women in the
United States until the first protective shelters for battered women were established 100
years later.
Beginning in the early 1960s and preceding renewed focus on crime victims, four
social/political movements set the stage for the crime victims’ movement as it exists
today. The first two—the civil rights movement and the antiwar movement—created a
cultural environment that, along with the inspiration of President John F. Kennedy’s
“New Frontier” idealism, greatly influenced the philosophical, legal, and tactical
background of many pioneers of the crime victims’ movement. Two other movements—
the women’s movement and the law and order movement—had more direct bearing on
the evolution of the crime victims’ movement.
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The Civil Rights Movement
Dr. Martin Luther King, Jr., and other leaders of the civil rights movement changed this
country’s view of civil disobedience, clarifying that all Americans have rights under the
U.S. Constitution, and focusing on nonviolent change. Even though this country has had
a long history of civil disobedience dating back to the Boston Tea Party and 19th century
literary figures like Thoreau and Whitman, this approach diminished as a result of 20th
century patriotism engendered by two world wars. Civil disobedience was, therefore, not
new in 1963 but reemerged and was applied to a new group: American minorities. The
civil rights movement enabled society’s disenfranchised minorities to exert power over
American governmental and private institutions and demand equal rights and equal
access to society’s opportunities and institutions. This movement helped establish the
principles that constitutional rights should apply to all citizens, and that nonviolent
methods of advocacy can be productive in changing American society (Karmen, 2004).
The Antiwar Movement
This movement organized to oppose American participation in the war in Vietnam. It
pointed to America’s propensity for violence and the influence of the military-industrial
complex, as President Dwight D. Eisenhower called it. A key component of this
movement was distrust of authority, which continues today. Through its wellorchestrated marches in cities across America, the antiwar movement showed that
grassroots politics could influence and even overpower conventional politics. More
importantly, the movement raised questions not only about governmental decisionmaking
but also about the moral implications of these decisions.
Even more than proponents of the civil rights movement, antiwar proponents used the
media, especially television, to publicize their issues and concerns. The women’s
movement later used this tool efficiently in publicizing the plight of rape and domestic
violence victims. Both of these populist political movements empowered citizens,
especially young people, to speak out publicly for what they believed was right. Both
served as incubators of grassroots organizations that would awaken groups and
organizations concerned with sexual assault, domestic violence, and homicide.
The Women's Movement
A focus on child abuse and neglect led to attention to women as well. This child
protection concern initially focused on physicians, social workers, and public-sector
personnel. The attention of child advocates and Congress to the work of Dr. C. Henry
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Kempe, who made his first presentation about the “battered child syndrome” in 1961, led
to the creation of the National Center on Child Abuse and Neglect in the Department of
Health, Education, and Welfare in 1974.
Attention to women as a group had diminished after they were given the right to vote by
the 19th Amendment to the U.S. Constitution. Not until the early 1970s did the women’s
movement reexamine American family values and traditional male/female roles by
spotlighting sexism in bureaucracy (including, very importantly, the criminal justice
system) and economic discrepancies between men and women. This perspective and
insight have been considered the most significant precursor (“the mother”) of the crime
victims’ movement. “The idea that women should organize to combat rape (and domestic
violence) was an invention of the women’s movement” (Burgess, 2004, p. 4). The
victimization of women and the bureaucratic facilitation of this violence in all areas of
society were clarified and politicized. The long overdue recognition that women were
entitled to equal social, political, and economic opportunity and power became a national
focus.
Susan Brownmiller’s book Against Our Will: Men, Women and Rape gave credence to
the sexual assault movement. It broadened the understanding of “rape” from a crime
against “sexual morality” to one of “physical assault” and called attention to society’s
and, in particular, the criminal justice system’s maltreatment of sexual assault victims
(Brownmiller, 1975).
A direct result of this increase in women’s power and attention to women’s issues was
the formation of rape crisis centers and domestic violence shelters in the early 1970s
(Burgess, 2004). These community-based grassroots programs were started by rape and
domestic violence victims in their own living rooms and basements. The common agenda
was to right the wrongs for other victims, but the programs met strong resistance. In one
community after another, rape crisis counselors faced countless negative encounters with
the criminal justice system and other bureaucracies. Meanwhile, they developed
descriptions of “crisis counselors,” as they called themselves. “They began with no role
models and became role models for themselves and for other crime victims” (Burgess,
2004). This important manifestation of the women’s movement led to some of its earliest,
most publicized political events, such as Take Back the Night and numerous candlelight
vigils for women’s rights to facilitate consciousness-raising.
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The Law and Order Movement
The law and order movement in 1968 slightly predated the beginning of the crime
victims’ movement (often marked at 1972, when the first three official crime victim
service agencies were formed), and its alliance with the women’s movement did not
develop until 1974. The law and order movement focused on increasing the rights of the
common citizen to achieve parity with the rights of the criminal. However, many
supporters felt that common citizens could manage their own protection and believed that
justice should be accomplished without expanding governmental assistance and monetary
support (Karmen, 2004). Law and order supporters believed that criminals should be
punished more rigorously; potential victims should be more careful; and victims, once
victimized, should be self-sufficient and not dependent on the government for assistance.
The mid-1970s brought the development of victim/witness assistance programs located in
prosecutors’ offices. The earliest programs were designed to help victims who were
witnesses in criminal cases navigate the criminal court system and to encourage them to
cooperate and thereby improve conviction rates. The emotional distress of many victims
led some members of the victim/witness staff to offer counseling as part of their job. As
they tried to make the road through the justice system smoother, some of them began to
see themselves as advocating on behalf of victims as well.
By the early 1980s, a shift developed placing more emphasis on victims’ needs. Programs
emerged to respond to the crises of all victims of violence—some in grassroots settings
and some in law enforcement agencies. The support for increased offender accountability
and a back-to-the-basics constitutional approach produced a new emphasis on restitution
and individual rights. The law and order movement has been particularly influential in the
later stages of the crime victims’ movement. Its call for participation by victims as a way
to protect their own interests was hastened along by new victim activists—including
some within the system who were allied to this cause, as were an increasing number of
veterans of the law and order movement who broadened their focus from the offender to
the victim.
Sometimes in unison, more often in parallel ways, the women’s movement and the law
and order movement greatly accelerated the pace and success of the victims’ movement
in the 1980s.
The following section outlines and describes six stages of the crime victims’ movement,
detailing critical events in its history. This description denotes changes concerning victim
involvement and services, service providers’ attitudes, new theoretical concepts, and
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ongoing legal changes. The changes associated with these stages did not always occur in
neat, discrete epochs but evolved out of earlier developments and continued through
subsequent stages.
The identification and role of broad movements should not overlook or diminish the
contributions of individuals, not necessarily acting in concert with others, to the
development of the crime victims’ movement. For example, Margery Fry originated the
concept of government-run crime victim compensation programs and invented domestic
violence shelters. Also important, was the power of personal stories, such as those of
Candy Lightner, John Walsh, and Roberta Roper, in fostering a broader appreciation and
support for crime victims’ rights and services.
HISTORICAL STAGES OF THE CRIME VICTIMS’ MOVEMENT
Stage 1: Response to Crime
In the early 1960s, crime rose steadily in the United States, reaching its highest point in
1981 (Federal Bureau of Investigation [FBI], 1981). Its effect on American life was
evident. In response, the crime victims’ movement mobilized on multiple fronts (Young,
1988).
In 1965, the first crime victims’ compensation program was established by the California
legislature. However, the major strides of this period were accomplished not by
legislatures but by the energy of volunteers, many of whom were crime victims
themselves. In many cases, they had been victimized again due to less-than-adequate
assistance and services within the criminal justice system.
In 1972, volunteers founded the first three official victim assistance programs that still
exist today:
 Aid for Victims of Crime, St. Louis, Missouri (now the Crime Victim Advocacy
Center of St. Louis).
 Bay Area Women Against Rape, San Francisco, California.
 Rape Crisis Center, Washington, DC.
Throughout the 1960s and early 1970s, many state and federal commissions were
established to study crime and urban riots and their consequences. Following these
efforts, the federal government took two significant steps to address the problem: the
creation of the first national victimization survey, National Crime Survey, in 1972
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(renamed the National Crime Victimization Survey in 1990) and the formation of the Law
Enforcement Assistance Administration (LEAA) (Young, 1988).
The National Crime Survey gathered crime data from randomly selected individuals and
households all across America, an approach that was very different from the FBI’s
Uniform Crime Report (UCR), which compiles only crime statistics reported to law
enforcement agencies. The new information made it devastatingly clear that the rates of
rape and other violent crimes were much higher than those reported to law enforcement.
The National Crime Survey showed that actual crime rates were three or four times
higher than the UCR’s published official rates (Bureau of Justice Statistics [BJS], 1998).
LEAA monies were intended to combat victimization by increasing law enforcement
funding and establishing the first victim/witness programs across the United States in
1974. Funds were also used to help educate and increase the sensitivity of police officers
in dealing with victims.
In 1974, the first battered women’s shelter was established in Denver, Colorado. It was
operated by volunteers who used their own funds and a few donations. Their major focus,
as in the women’s movement, was to provide victim support using the approach of
self-help groups. Their goals quickly expanded to target insensitive and unfair treatment
of victims by the criminal justice system (Young, 1988), an evolution from helping to
advocacy and activism that was occurring in other sectors of the movement.

LEAA called together leading victim activists to discuss methods of increasing
victim assistance and created some pilot victim/witness programs in 1974.

James Rowland, chief probation officer in Fresno, California, developed the first
victim impact statement used by the criminal justice system to clearly ascertain
and specify a victim’s losses.

In Fort Lauderdale, Florida, and Indianapolis, Indiana, the first law
enforcement-based victim assistance programs were established.
In 1975, Frank Carrington’s book The Victims promoted “the proposition that the
victim’s current sorry status in the criminal justice system need not be so [italics added]
and that something can and must be done to enhance the rights of the victim”
(Carrington, 1975). The National Organization for Victim Assistance (NOVA) was
founded in 1975.
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In 1976, about 100 leaders met at the Second National Victim Assistance Conference in
Fresno, California.
During this first stage, mental health providers had limited involvement at the grassroots
level. However, practitioners working with victims of sexual assault recognized
characteristics common to many victims. In 1974, Ann Burgess coined the term rape
trauma syndrome (Burgess and Holstrom, 1974). Although not universally accepted until
years later, its initial use during this time would later facilitate better services for victims
in both the mental health and criminal justice systems.
By the late 1970s, mental health providers became more aware of victim trauma.
Research began to show the efficacy of peer support groups; some research indicated that
these groups were often much more helpful than mental health professionals, partly
because the professionals had little training in the grieving process and crisis therapy. The
Crime Victim’s Book, written by Morton Bard and Dawn Sangrey and first published in
1979, was an early, influential primer on understanding and recognizing victims’
emotional responses to crime victimization.
As specialized service providers gained new insights into victimization, mental health
practitioners began to acknowledge their lack of expertise and began to listen to
advocates and victims. For example, the description of the “battered woman syndrome,”
formulated by Lenore Walker in 1979, provided a theoretical framework for working
with victims of domestic violence.
During this period, a number of the pioneers in understanding and treating the mental
health problems of crime victims began comparing notes with colleagues treating
Vietnam veterans suffering from what seemed to be related aftereffects of trauma.
By the end of this stage, the groundwork was laid from two sources for the development
of a full-fledged movement. The women’s movement created grassroots rape counseling
and domestic violence programs, and within the criminal justice system through LEAA
funding, victim assistance programs were emerging.
Stage 2: Conflict and Unstable Funding
At the outset of this second stage, it appeared that many of the gains of the fledgling
victims’ movement might be lost. In 1979, LEAA was defunded by Congress, and thus
the first stream of federal support abruptly ended. As is often the case when limited
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funding is paired with too many needs, community-based and government-based
programs began to compete for limited resources (Young, 1988).
Professionalism and training emerged as competing themes, partly to define differing
approaches to victim services and partly to propose that their own perspective was most
worthy of the dwindling dollars. Despite their common purpose of assisting victims, the
contrasting perspectives, purposes, structure, and operation of grassroots victim programs
versus criminal justice-based programs increasingly became issues. This was exacerbated
by the frequent complaint of grassroots victim advocates that the criminal justice system
did not adequately support victims of rape and domestic violence. Even today, some of
the residual tension from this grassroots-versus-system perspective remains, as do
critiques of both perspectives from those without ties to either camp.
In 1978, sexual assault programs and domestic violence programs created their own
national organizations to pursue their specific agendas (Young, 1986). These
organizations include the following:


National Coalition Against Sexual Assault (NCASA).
National Coalition Against Domestic Violence (NCADV).
Believing that change in rape and domestic violence law was not happening quickly
enough, these organizations decided not to work within the criminal justice system,
which, they felt. was not listening. At the same time, however, they fought successfully
for the first round of victims’ rights reforms, namely rape shield laws and a ban on the
exemption for marital rape.
During this period, program leaders and administrators debated the strengths and
weaknesses of the various programs.
Many movements fail (including some of the precursors of the victims’ movement)
because no “second generation” is trained to continue with the original fervor and energy.
Fortunately, this was not true for the victims’ movement. In spite of the dissension among
the established programs, the system-based programs were proving their worth, and
important new grassroots organizations arose. Often led by victims, these new groups
directly challenged the indifference of the criminal justice system and the stigmatizing
approaches of the mental health system.
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Two new grassroots programs grew in response to a void in services to family members
of those killed. The cumulative effect was a new infusion of energy into the movement.
These two programs were:

Parents of Murdered Children (POMC), founded by Robert and Charlotte
Hullinger in 1978.

Mothers Against Drunk Driving (MADD), founded by Candy Lightner and Cindi
Lamb in 1980.
In 1979, Frank Carrington founded the Crime Victims’ Legal Advocacy Institute, which
was renamed the Victims’ Assistance Legal Organization (VALOR) in 1981, to advocate
for the legal rights of crime victims. While his main contribution was getting the civil
courts to make it easier for victims to get monetary redress, Carrington was also among
those seeking reform in the criminal justice system.
On the legislative front, crime victim advocates pressed for reforms, and state legislators
enacted laws that increasingly supported victims (NCVC, 1994a), such as the following:

In 1977, Oregon passed the first law mandating arrest in domestic violence cases.

In 1978, Minnesota enacted legislation to allow warrantless arrest in domestic
violence cases, regardless of whether there was a prior protection order.

In 1980, Wisconsin enacted the first statutory bill of rights for victims and
witnesses of crime, including state funding for county victim/witness assistance
programs.
In 1981, Ronald Reagan became the first president to proclaim National Victims’ Rights
Week. Later that year, the Attorney General’s Task Force on Violent Crime issued its
report. The task force, which included Frank Carrington, recommended that a separate
task force be created to consider victims’ issues.
Stage 3: Public Awareness
As the revitalized crime victims’ movement learned better ways to access the news
media, public awareness of victims’ issues increased. The 1981 Uniform Crime Reports
had clearly shown the increase in victimization, and the movement actively used these
new statistics for its cause (FBI, 1981).
In response to the Attorney General’s Task Force recommendation, President Reagan
appointed a Task Force on Victims of Crime in 1982. Chaired by Lois Haight Herrington,
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this task force made 68 recommendations to improve the treatment of crime victims. The
recommendations were directed at all segments of the public and private sectors,
including the criminal justice system. The report included, for the first time, a
recommendation for a constitutional amendment for crime victims’ rights and federal
funding for state crime victim compensation and victim/witness assistance programs.
Later that year, Congress passed the Victim and Witness Protection Act. Borrowing from
new victims’ rights precepts in state laws, this act provided for witness protection,
restitution, and fair treatment for federal victims and witnesses of violent crimes (NCVC,
1994a).
Likewise, changes at the federal level encouraged legislative changes at state levels,
including victims’ bills of rights, proposals for training and education, and expansion of
existing victim/witness programs. The single greatest legislative event in the victims’
movement to date was the 1984 Victims of Crime Act (VOCA). This act established the
Crime Victims Fund to provide funds for local victim assistance programs and state
victim compensation as well as services for victims of federal crimes. The fund was made
up of money from federal criminal fines, penalties, and bond forfeitures.
The Office for Victims of Crime (OVC), created in the Department of Justice in 1983 to
implement the 68 recommendations of the President’s Task Force, was designated to
administer VOCA, including the distribution of VOCA funds to states for existing victim
programs (NCVC, 1994a).
With increased public awareness and high-level political support for victims’ issues,
numerous programs were started and laws passed during the 1980s. The greatest increase
in victim/witness programs occurred in this third stage. Some highlights of this stage
were:

National Conference of the Judiciary on Victims of Crime (1983).

Missing Children’s Assistance Act, which included the establishment of the
National Center for Missing and Exploited Children by Congress (1984).

Attorney General’s Task Force on Family Violence (1984).

Family Violence Prevention and Services Act (1984).

National Institute of Mental Health (NIMH) and NOVA national colloquium,
“Aftermath of Crime: A Mental Health Crisis” (1985).

National Center for Victims of Crime (formerly Sunny von Bulow National
Victim Center) (1985).

NOVA Constitutional Amendment Meeting (1986).
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
President’s Child Safety Partnership (1987).
Changes in rape and domestic violence laws during this period helped to influence
attitudes in the criminal justice system and local communities. However, grassroots rape
counseling and domestic violence advocates felt that citizens were still inclined to view
these crimes in morality terms rather than criminal terms (Burgess, 2004).
As the movement spread to bring services to other victims as well as victims of domestic
and sexual violence, second-generation grassroots organizations—including the newer
ones—feared that increased governmental involvement and new competition for funding
of victim programs would lead to dissension as in previous years. These fears were not
realized, however. A floor amendment to VOCA in 1984 had mandated that priority be
given to victims of child abuse, but this led to complaints from groups representing
victims of spousal abuse, sexual assault, and other crimes. And so a fourth priority, for
“previously underserved victims of violent crimes,” was later added. In 1988, VOCA was
reauthorized, and the OVC was established permanently. Crime victim compensation was
expanded to include victims of both domestic violence and drunk driving.
In addition, during this stage, theoretical concepts were put to more practical use in both
the criminal justice and mental health systems. The concept of second victimization as
originally enunciated by psychiatrist and former New York City police officer Martin
Symonds—that victims were often harmed as much by the system’s response as by the
crime itself—became generally recognized and accepted. Even dealings with friendly
justice professionals could generate acute stress in victims, leading many in prosecutors’
offices to learn the same crisis intervention techniques as were used by colleagues who
saw victims much closer to the original trauma.
The various syndromes identified earlier were being discussed within the context of a
new diagnosis—posttraumatic stress disorder (PTSD). With the identification of PTSD, a
general diagnosis was now developed that did not stigmatize the victim but, rather,
clarified and legitimized the victim’s normal response to an abnormal situation. In 1980,
this diagnosis was recognized when the description of PTSD was placed in the
Diagnostic and Statistical Manual (third edition) of the American Psychiatric Association
(APA), the authoritative diagnostic tool of mental health professionals.
In addition, better training in trauma and crisis intervention enabled mental health
professionals to learn about victims’ issues. Mental health professionals also began to
provide better supportive services. Peer support groups began to be seen as a useful
adjunct to successful individual therapy.
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A major development occurred in 1986 when NOVA was asked to send a team of
experienced crisis counselors to help the community of Edmond, Oklahoma, immediately
after a mass murder. Tens of thousands of caregivers have been trained in the NOVA
model that emerged under the rubric of Community Crisis Response Teams. A similar set
of short-term services, called Critical Incident Stress Debriefings, emerged at about the
same time, which focused principally on the stresses of first responders in cases of mass
violence. Volunteers from both disciplines became the victims’ movement’s special
contribution to disaster services.
During this period, the crime victims’ movement came of age, becoming more focused
and sophisticated (Andrews, 1992). The first 10 years had been initiated and perpetuated
by strong leaders with forthright personalities; however, in this period, an important
paradigm shift was taking place. The movement expanded beyond the dynamics of
individual-level politics to group-level national politics, resulting in the change into a
more formalized profession.
Stage 4: Expanding Legislative Agenda
In the 1900s, three major legislative issues emerged:
 Victim service funding.
 Victims’ rights.
 Law and order concerns.
The growing sophistication of the victims’ movement enabled advocates to exert
power and influence on several fronts. Thanks to state networks and coalitions,
political efforts during this time became much more organized and presented clearer
and more cohesive agendas, such as:



Removing the limit on deposits into the Crime Victims Fund for VOCA to
provide expanded and more stable funding for state crime victim compensation
and victim assistance programs.
Expanding victims’ rights through more extensive and effective state legislation.
Adopting crime victims’ rights amendments in state constitutions.
Successful results of this agenda at the federal level included the following:


As of 1995, all 50 states, the District of Columbia, and three territories had
enacted crime victim compensation programs.
As of 1998, 33 states had passed constitutional amendments.
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


The U.S. Congress passed major legislation that addressed hate crimes, campus
security, child protection, violence against women, sexual assault, kidnapping,
and gun control.
The U.S. Supreme Court upheld the use of victim impact statements in capital
cases.
Currently, all states have passed victims’ rights legislation in the form of a
victims’ bill of rights or a series of statutory protections.
This legislative agenda has continued to grow and expand. The recent serious
congressional consideration to a federal constitutional victim rights’ amendment
exemplifies this. The women’s movement’s rape and domestic law reform agenda has
been embraced by both women and men in the lawmaking professions (Burgess, 2004).
Activities and issues in this stage continue into the sixth stage.
Stage 5: Emerging Professionalism
One of the most salient issues in recent years has been the emerging professionalism in
the field of victim services. As with other grassroots movements, there is some
apprehension about professionalizing a community-based service system that originated
and developed its strength through the dedication of volunteers who extended themselves
personally to victims in need. Most victim service programs, however, have not diluted
their passion and are led by dedicated professionals who have years of experience
working with victims in specialized settings while still relying heavily on trained,
committed volunteers.
The historical distrust of other professionals who have no specialized training or
experience in victim treatment issues has persisted in many areas. Experience has made
some of these concerns both legitimate and urgent. However, salary issues, increased
availability of training, and a growing interest in program evaluation and quality services
have led to significant professionalism in the field.
Victim service providers work in very diverse settings. Advocates typically perform a
variety of tasks that require an understanding of social, psychological, and legal
principles. In addition:

The areas of expertise and the training needed are multidisciplinary in nature.

There is a growing recognition that to be accepted by other professionals,
certification or some other form of credentialing is necessary.
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
Increased professionalization of this field will potentially create professional-level
salaries for experienced victim advocates and administrative staff.

Credentialing by victim groups, with help from allied government agencies to
support training called for in the credentialing program, is seen by many as a way
to overcome the fear of traditional degree-centered credentials that might be
imposed on the field by one of the licensed professions. The trend toward
credentialing by advocates’ groups and their allies in government has been
hastened by (unsuccessful) proposals in a few states that only members of a
licensed mental health profession should be allowed to perform certain counseling
services.
The changes in this area have often been small but significant and growing. By the early
21st century, a dozen or more states have established their own credentialing systems,
with the required educational units designed and taught mostly by peers. (States with
such systems include Ohio, Florida, California, Connecticut, Kansas, and South
Carolina.)
In 1987, the NOVA Board of Directors adopted a Code of Professional Ethics for Victim
Service Providers, which covers practitioners’ relationship with clients, colleagues, other
professionals, and the public. Using NOVA’s Code as a template, MADD developed a
Code of Ethics for its victim advocates in 1988.
Academic programs were offered in increasing numbers during the 1990s. California
State University (CSU), Fresno developed the first academic program in victim
services/victimology in the United States. By the summer of 1989, CSU, Fresno had
started the first Victim Services Summer Institute to make its certificate program
available to professionals in other states. By 1990, the number of graduates from this
program had more than tripled. Finally, by 1991, CSU, Fresno developed the first
victimology major in the nation and then began developing the first doctorate in 1996
(NCVC, 1994a).
Eight states have established clinics to offer free legal services for victims seeking to
enforce their rights. Nurturing this development is the National Crime Victims Law
Institute, founded in 2000 at Lewis and Clark Law School in Oregon, which also fosters
teaching courses on victims’ rights in law schools around the country.
Academic credit and the development of more degree programs will continue to be
important for the next phases of the crime victims’ movement. Some victimology
programs have developed legal advocacy components in addition to their training,
technical assistance, and educational activities, such as the Center for the Study of Crime
Victims’ Rights, Remedies, and Resources of the University of New Haven in
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Connecticut. This program, part of the School of Public Safety and Professional Studies,
provides amicus briefs in selected appellate cases dealing with victims’ rights issues.
Based on the template for performance ethnics and standards developed by the National
Victim Assistance Standards Consortium, the next potential step could be the
development of curriculum standards for education at the national and state levels. The
National Victim Assistance Academy (NVAA) curriculum was created to offer this
opportunity. The original NVAA began in 1995 by offering a 45-hour core course of
work in victim services that could be taken for academic credit. It formed the basis for
the first state-level academy in Michigan in 1998. Then, OVC initiated a multiyear
funding strategy for the development of state victim assistance academies in 1999. As of
2006, state victim assistance academies have been offered or are in the process of
development in 30 states, most which have received OVC financial support and technical
assistance.
A sign of the growing recognition of the need to enhance the professional status of victim
service providers was the creation in 2003 of the National Advocate Credentialing
Program (NACP) by a consortium of national victim organizations. By 2006, more than
500 victim service providers have received NACP credentials based on their experience
and training.
In 1996, the National Domestic Violence Hotline (1-800-799-SAFE) was established to
provide crisis intervention information and assistance to victims of domestic violence.
OVC launched a number of international crime victim initiatives in 1996, including
working to foster worldwide implementation of a United Nations declaration on victims’
rights and initiatives to better assist Americans victimized abroad.
In 1997, OVC representatives joined the U.S. Delegation to the United Nations
Commission on Criminal Justice and Crime Prevention. OVC played a leadership role in
the development of an International Victim Assistance Training Manual to implement the
United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power.
In 1997, the National Center for Victims of Crime (formerly National Victim Center)
used its extensive legislative database to create the Legislative Sourcebook, a
comprehensive compendium of victims’ rights laws in all 50 states and the District of
Columbia.
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In 1998, New Directions from the Field: Victims’ Rights and Services for the 21st
Century was released to the field by OVC. The report was developed with support from
OVC and input from more than 1,000 individuals across the nation. It assessed the
nation’s progress in meeting the recommendations set forth in the Final Report of the
1982 President’s Task Force on Victims of Crime and issued more than 250 new
recommendations from the field for the next millennium. OVC disseminated the 1998
report widely to many programs across the nation.
Stage 6: Advancing Advocacy
During this stage, additional significant developments have occurred on the national and
state levels with respect to victims’ rights constitutional amendments, legislation,
expanded VOCA funding, and creation of national programs affecting crime victims.
U.S. Victims’ Rights Constitutional Amendments
In the spring of 1996, bipartisan federal victims’ rights constitutional amendments were
introduced in both the U.S. House of Representatives and the Senate. The amendment
was reintroduced in the Senate in January 1997, but no formal action was taken. Hearings
on the amendment were then held in Congress in 1996, 1997, and 1998. In 2004, after
being unable to break a potential filibuster on their proposal, Senators Jon Kyl and
Dianne Feinstein crafted—and Congress passed—a federal statute modeled on their
proposed amendment that allowed the general rights of restitution, notification,
allocution, and protection with specific measures to enforce its provisions. Additionally,
by 1998, a total of 33 states had adopted crime victims’ rights constitutional amendments.
Currently, Arkansas, Delaware, Georgia, Hawaii, Iowa, Kentucky, Maine,
Massachusetts, Minnesota, New Hampshire, New York, North Dakota, Pennsylvania,
South Dakota, Vermont, West Virginia, and Wyoming.
EXHIBIT II-1
STATES’ PASSAGE OF VICTIMS’ RIGHTS CONSTITUTIONAL AMENDMENTS
State
AllddtA Alaska l
Alaska
Alaba Alaska ma
Arizona
California
Colorado
Connecticut
Florida
Year Passed
Electoral Support
1994
1994
1990
1982
1992
1996
1988
80%
87%
58%
56%
86%
78%
90%
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State
Idaho
Illinois
Indiana
Kansas
Louisiana
Maryland
Michigan
Mississippi
Missouri
Montana
Nebraska
Nevada
New Mexico
New Jersey
North Carolina
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
Tennessee
Texas
Utah
Virginia
Washington
Wisconsin
33 States
Year Passed
1994
1992
1996
1992
1998
1994
1988
1998
1992
1998
1996
1996
1992
1991
1996
1994
1996
1996 (overturned 1998)
1986
1996
1998
1989
1994
1996
1989
1993
Average
Electoral Support
79%
77%
89%
84%
69%
92%
84%
93%
84%
71%
78%
74%
68%
85%
78%
77%
91%
59%
passed by Const.
Convention
89%
89%
73%
68%
84%
78%
84%
79%
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Landmark Federal Legislation
1994
In 1994, the landmark Violence Against Women Act (VAWA) was passed. This has been
the most significant legislation in the victims’ rights field, other than VOCA. This act
doubled the maximum federal sentences for sex offenses and domestic violence and
required that temporary restraining orders (TROs) be honored by all other jurisdictions.
Domestic violence perpetrators with TROs were prohibited from possessing firearms. For
the first time, information shared by domestic violence and rape victims with an advocate
was considered to be privileged communication. This act also established the Office of
Violence Against Women and doubled the available funding for domestic violence and
rape counseling programs.
1996
In 1996, the Congress passed “Megan’s Law,” the Community Notification Act, as an
amendment to the national Child Sexual Abuse Registry legislation. This law provided
that local communities be notified of the residential addresses of convicted sex offenders.
In 1996, the Antiterrorism and Effective Death Penalty Act included the Mandatory
Victims’ Restitution Act, under which limited kinds of restitution were made mandatory
in all federal misdemeanor and felony cases. Compensation and victim assistance
services for victims of terrorism both at home and abroad, including victims in the
military, were expanded.
The Interstate Anti-Stalking Punishment and Prevention Act of 1996 was enacted by
Congress. This legislation created a uniform federal law to protect stalking victims when
they travel across a state line or on federal property, including military bases and Indian
reservations. This law made it a felony to cross a state line to stalk someone or to violate
a restraining order in another state.
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1998
The Identity Theft and Deterrence
Act of 1998 was signed into law in
1998. This landmark federal
legislation outlawed identity theft
and directed the U.S. Sentencing
Commission to consider various
factors in determining penalties,
including the number of victims and
the value of the loss to any
individual victim. This act further
authorized the Federal Trade
Commission to log and
acknowledge reports of identity
theft, provide information to
victims, and refer complaints to
appropriate consumer reporting and
law enforcement agencies.
2000
The Blood Alcohol Concentration
Bill of 2000 required states to adopt
a 0.08 blood alcohol content (BAC)
as the legal limit for drunk driving
by 2004; failure to do this would
lead to an annual reduction in
federal highway appropriations.
The Trafficking Victims Protection
Act was passed in 2000 to combat
the trafficking of persons, especially
into the sex trade, slavery, and
slavery-like conditions, through
prevention, prosecution, and
enforcement against traffickers and
by increasing the protection,
assistance, and mandatory
restitution for victims. This act
established programs by the U.S.
Rights Milestones: A Summary
1962 Battered child syndrome (Kempe)
1965 First crime victims’ compensation program in California
1972 First three victims’ programs
1972 National Crime (Victimization) Survey
1974 First battered women’s shelter in Denver, Colorado
1974 LEAA Victim Assistance Conference
1974 LEAA pilot victim/witness programs
1974 Rape trauma syndrome (Burgess)
1975 The Victims (Carrington)
1976 Victim Impact Statement (Rowland/Fresno)
1975 Founding of National Organization for Victim Assistance (NOVA)
1976 First NOVA Conference in Fresno, California
1977 National Association of Crime Victim compensation boards
1977 Mandated arrest for domestic violence in Oregon
1978 National Coalition Against Sexual Assault (NCASA)
1978 National Coalition Against Domestic Violence (NCADV)
1978 Parents of Murdered Children (POMC)
1978 Victim Offender Reconciliation Program (VORP)
1979 The Crime Victim’s Book (Bard and Sangrey)
1980 Wisconsin Bill of Rights for Victims and Witnesses of Crime
1980 Mothers Against Drunk Driving (MADD)
1981 National Victims’ Rights Week (President Reagan)
1982 President’s Task Force on Victims of Crime (68 recommendations)
1982 Federal Victim and Witness Protection Act
1983 Office for Victims of Crime (OVC) (Herrington)
1983 Wisconsin Bill of Rights for Children Victims/Witnesses of Crime
1984 Victims of Crime Act (VOCA)
1984 Missing Children’s Assistance Act
1984 Family Violence Prevention and Services Act
1984 Victim Services certificate at CSU, Fresno
1985 National Victim Center (National Center for Victims of Crime)
1985 NIMH and NOVA “The Aftermath of Crime: A Mental Health
Crisis,” a national colloquium
1986 NOVA Constitutional Amendment Meeting
1986 First Crisis Response Team deployment
1987 Posttraumatic stress disorder (PTSD)
1988 VOCA reauthorized
1989 Victim Services Summer Institute at CSU, Fresno
1991 Victimology major at CSU, Fresno
1994 Violence Against Women Act (VAWA)
1995 National Victim Assistance Academy (NVAA)
1996 Megan’s Law
1996 Antiterrorism and Effective Death Penalty Act
1996 Interstate Anti-Stalking Punishment and Prevention Act
1996 Support of U.N. Declaration on Victims’ Rights by OVC
1997 Victims’ Rights Clarification Act
1997 Legislative Sourcebook (National Center for Victims of Crime)
1998 Grants to combat violent crimes against women on campus
1998 Child Protection and Sexual Predator Punishment Act
1998 Crime Victims with Disabilities Act
1998 New Directions from the Field
1999 State victim assistance academy grants
2000 Child Abuse Prevention and Enforcement Act/Jennifer’s Law
2001 USA Patriot Act
2001 VAWA reauthorized
2003 PROTECT Act/Amber Alert
2004 Justice for All Act (JFA)
2006 VAWA reauthorized
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State Department in foreign countries to assist in the safe reintegration or resettlement of
trafficking victims.
The VAWA of 2000 provided for direct compensation from the federal government to
victims of international terrorism. This act improved and expanded the legal tools and
programs addressing domestic violence, sexual assault, and stalking. It authorized new
grant programs expanding both programs and research for sexual assault and domestic
violence. It defined dating violence and placed it under the VAWA programs. It widened
the definition of underserved populations and established four new purposes for VAWA
funds: coordinated community response, forensic medical examiners training, training to
recognize disabled and older victims of domestic violence and sexual assault, and
assistance with immigration matters.
2001
The USA Patriot Act of 2001 addressed the needs and concerns of victims of terrorists’
acts. The act allowed the OVC director to respond to acts of terrorism both inside and
outside the United States. It established an antiterrorism emergency reserve in the Crime
Victims Fund and increased federal grants for state crime victim compensation benefits.
In 2001, the VAWA of 1994 was reauthorized with a $3 billion budget through 2005.
Congress reauthorized the original programs and expanded them, including grants for
legal services, funding for transitional housing, computerized tracking of protection
orders, grants for safe visitation, and grants for programs that address dating violence.
2004
In 2004, Congress passed legislation defining aggravated identity theft and establishing
penalty enhancements for 2 additional years. Title I of the Justice for All Act (JFA),
called the ‘‘Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila
Lynn Crime Victims’ Rights Act” (CVRA), enhanced substantive rights for crime victims
in the federal criminal justice system, including the right to be protected from the
accused, heard at all proceedings, treated with fairness and respect and to receive timely
notice of public proceedings, confer with the government attorney, and receive full and
timely restitution. The CVRA’s enforcement provisions are more rigorous than other
federal victims’ rights laws and include the appointment of a victims’ rights ombudsman
in the U.S. Department of Justice. The act also authorized additional, non-VOCA funding
for federal victim/witness coordinators, state and federal automated victim notification
systems, and victim assistance legal clinics. Other provisions in the JFA seek to eliminate
the substantial backlog of collection of DNA samples in cases of sexual assault and from
crime scenes, criminals, and convicted offenders.
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2006
VAWA is reauthorized by Congress and signed into law. The reauthorization increased
funding to support rape crisis centers and combat violent crimes on campuses and
provided funding to place victim assistants in local law enforcement agencies and to
create a national educational curriculum to ensure that all courts have access to relevant
laws and best practices. Congress has reauthorized VAWA in 2005 and 2013.
Federal Crime Victims Fund
In 1995, deposits in the federal Crime Victims Fund reached a then-high of more than
$583 million, available for state crime victim compensation, local victim assistance
programs, national training and technical assistance, and federal victim assistance. As a
result of this increase in fund collections, state assistance grants received more than three
times as much in federal funds in 1997 as they had the previous year.
In 1999, the fund deposits reached an all-time high of $985 million. As a result of
significant fluctuations in annual fund deposits, Congress began capping the amount that
could be obligated each year with annual revenues above the cap stored in the fund
balance, from which the program could draw as a rainy day fund when revenues did not
meet the cap. Congress also began using the fund to support federal victim services,
including victim/witness coordinators in U.S. Attorneys’ Offices, victim specialists in
FBI field offices, and a federal Victim Notification System.
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REFERENCES
Andrews, A. 1992. Victimization and Survivor Services: A Guide to Victim Assistance.
New York: Springer Publishing Co.
Ash, Michael. 1972. “On Witnesses: A Radical Critique of Criminal Court Procedures.”
Notre Dame Lawyer 48:386–425.
Brownmiller, S. 1975. Against Our Will: Men, Women and Rape. New York: Simon and
Schuster.
Bureau of Justice Statistics. 1998. Sourcebook of Criminal Justice Statistics. Washington,
DC: U.S. Department of Justice.
Burgess, A. 2004. “Research and Practice in Victim Services: Perspective from
Education and Research.” In American Society of Victimology Symposium Proceedings,
A. Burgess and T. Underwood. Topeka, Kansas: Washburn University, 2.
Burgess, A. and L. Holstrom. 1974. “Rape Trauma Syndrome. American Journal of
Nursing. 131: 981–986.
Carrington, F. G. 1975. The Victims. New Rochelle, NY: Arlington House Pub.
Deuteronomy, in The Holy Bible (Today’s New International Version). Retrieved July 17,
2007, from
www.ibs.org/niv/passagesearch.php?passage_request=Deuteronomy%2019&tniv=yes.
Federal Bureau of Investigation. 1981. Crime in the United States Uniform Crime
Reports, 1981. Washington, DC: U.S. Department of Justice.
Goldstein, A. S. 1982. “Defining the Role of the Victim in Criminal Prosecution.
Mississippi Law Journal 52:515–561.
Gordon, H. 1957 Hammurabi’s Code: Quaint or Forward Looking. New York: Rinehart.
Karmen, A. 2004. Crime Victims: An Introduction to Victimology. Belmont, CA:
Wadsworth/Thomson.
Masters, R., and C. Roberson. 1985. Inside Criminology. Englewood Cliffs, NJ: PrenticeHall.
National Center for Victims of Crime. 1994a. Crime Victims’ Rights in America: An
Historical Overview. Arlington, VA: Author.
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Pound, R. 1968. Social Control Through the Law. Hamden, CT: Archon.
Rheinstein, C., ed. 1954. Max Weber on Law in Economy and Society. Cambridge, MA:
Harvard University Press.
Siegel, L. 1989. Criminology, 3rd ed. St. Paul, MN: West Publishing.
Sherr, L. 1995. Failure Is Impossible: Susan B. Anthony in Her Own Words. New York:
Times Books.
Wallace, H. 1998. Victimology: Legal, Psychological, and Social Perspectives. Boston:
Allyn and Bacon.
Young, M. 1988. “The Crime Victims’ Movement,” in F. Ochberg (Ed.), Post-Traumatic
Therapy and Victims of Violence, New York: Brunner/Mazel, 319–329.
FURTHER READING
Bard, M., and D. Sangrey. 1986. The Crime Victim’s Book, 2nd ed. New York:
Brunner/Mazel.
Bureau of Justice Statistics. 1998. National Crime Victimization Survey. Washington,
DC: U.S. Department of Justice.
Federal Bureau of Investigation. 1998. Crime in the United States, Uniform Crime
Reports, 1997. Washington, DC: U.S. Department of Justice.
Headden, S. July 1, 1996. “Guns, Money and Medicine.” U.S. News and World Report
30, 31, 34, 36.
Kilpatrick, D. G., C. N. Edmunds, and A. K. Seymour. 1992. Rape in America: A Report
to the Nation. Arlington, VA: National Center for Victims of Crime.
Kilpatrick, D. G. and H. S. Resnick. 1993. “PTSD Associated with Exposure to Criminal
Victimization in Clinical and Community Populations,” In PTSD in Review: Recent
Research and Future Directions, eds. J. R. T. Davidson and E. B. Foa, 113–143.
Kilpatrick, D. G., A. Seymour, and J. Boyle. 1991. America Speaks Out: Citizens’
Attitudes about Victims’ Rights and Violence. Arlington, VA: National Center for
Victims of Crime.
Lurigio, A., W. Skogan, and R. Davis. 1990. Victims of Crime: Problems, Policies and
Programs. Newbury Park: Sage Publications.
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Miller, T., M. Cohen, and B. Wiersema. 1996. Victim Costs and Consequences: A New
Look. Washington, DC: U.S. Department of Justice, National Institute of Justice.
National Center for Victims of Crime. 1998. Legislative Sourcebook. Arlington, VA:
Author.
Office for Victims of Crime. 1998. New Directions from the Field: Victims’ Rights and
Services for the 21st Century. Washington, DC: U.S. Department of Justice.
Resnick, H. S., D. G. Kilpatrick, B. S. Dansky, B. E. Saunders, and C. L. Best. 1993.
“Prevalence of Civilian Trauma and Posttraumatic Stress Disorder in a Representative
National Sample of Women.” Journal of Consulting and Clinical Psychology 61(6): 984–
991.
Roberts, A. 1990. Helping Crime Victims. Newbury Park, CA: Sage Publications.
Victims’ Assistance Legal Organization (VALOR). 1995–1999. National Crime Victims’
Rights Week Resource Guide. Washington, DC: U.S. Department of Justice, Office for
Victims of Crime.
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Chapter 3
Victims’ Rights Laws in the United States
Christine Edmunds and Anne Seymour2
Thousands of laws have been enacted to provide
rights for victims of crime in our nation’s justice
systems. However, victims’ rights laws are not
consistent nationwide and vary considerably, as do
rights for crime victims across different justice
systems. Indeed, our nation’s set of victims’ rights
laws has been described as a “patchwork quilt”
(Office for Victims of Crime [OVC], 1998). This
chapter will explore crime victims’ rights, including
the evolution of rights, basic rights for victims, and
the enforcement of victims’ rights laws.
NVAA Module 3
Learning Objectives

Describe 10 major categories
of victims’ rights laws.

Identify types of records
needed to document losses
for victim restitution.

Discuss actions that can be
taken to ensure that victims’
rights are enforced.
EVOLUTION OF VICTIMS’ RIGHTS IN THE UNITED STATES
Crime victims’ rights laws in the United States date back to the late 1800s, with the
enactment of a limited number of restitution statutes. In the early 20th century, laws were
passed to protect children from abuse and neglect, but these statutes primarily addressed
the exploitation of children in the workplace. In 1965, California’s legislature passed the
nation’s first law to create a crime victim compensation program. However, it was not
until the 1970s that laws providing rights for crime victims in our nation’s justice systems
first began to emerge. Throughout the 1970s, states began enacting piecemeal laws for
crime victims, but the nation had yet to embrace victims’ rights. With the passage of the
first Crime Victims’ Bill of Rights in 1980, Wisconsin ushered in a historic change by
focusing on a broad range of rights that addressed victims’ needs and concerns.
According to the publication New Directions From the Field: Victims’ Rights and
Services for the 21st Century, “few movements in the history of this nation have achieved
such success in igniting the kind of legislative response that victims’ rights activists have
fostered over the past two decades” (OVC, 1998, p. 4). In the early 1980s, state laws
2
Authors of this chapter are Christine Edmunds, Deerfield Beach, FL; and Anne Seymour, Justice
Solutions, Washington, DC. Special thanks is expressed to Dr. Mario T. Gaboury, University of New
Haven, CT, for his significant input and editing of this chapter.
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addressing victims’ rights numbered in the hundreds. Today, there are more than 32,000
crime victim-related state statutes, 32 state victims’ rights constitutional amendments,
and comprehensive rights for federal crime victims (National Center for Victims of
Crime, n.d.) However, it is not enough to just have laws enacted – the enforcement of
victims’ rights has become an important area of focus. These enforcement efforts will be
discussed at the end of this Chapter.
The myriad accomplishments relevant to our nation’s passage of victims’ rights laws
across the federal, criminal, juvenile, tribal, and civil court systems are documented in
“Landmarks in Victims’ Rights and Services,” which was published in the 2006 National
Crime Victims’ Rights Week Resource Guide and is available online at
www.ojp.usdoj.gov/ovc/ncvrw/2006/pdf/landmarks.pdf.
.
MAJOR CATEGORIES OF VICTIMS’ RIGHTS LAWS
Victims’ rights laws can be generally divided into the following 10 categories:
1. Right to be treated with dignity and respect.
2. Right to information and referral.
3. Right to notification.
4. Right to be present.
5. Right to be heard.
6. Right to reasonable protection from intimidation and harm.
7. Right to restitution.
8. Right to apply for compensation (for violent crime victims).
9. Right to speedy proceedings.
10. Special rights and protections.
1. Right To Be Treated With Dignity and Respect
The right to be treated with dignity and respect asserts that crime victims will be treated
with sensitivity during all phases of justice processes and by all agents of justice systems.
This critical right is included in most states’ constitutional amendments that define
victims’ rights, most states’ victims’ bill of rights, and the Federal Crime Victims’ Rights
Act within the Justice for All Act that became law in 2004.
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2. Right to Information and Referral
State and federal statutes provide crime victims with basic rights to be given information
about their rights, crime victim compensation, the justice process, and community- and
system-based services that are available to help victims cope in the aftermath of crime.
Because there are more than 32,000 constitutional and statutory rights for victims of
crime, which differ from state to state and among various justice systems, the right to
information varies greatly. There are also more than 10,000 organizations that provide a
wide range of services to help victims cope with the physical, financial, psychological,
social, and spiritual impact of crime.
Information about the range of victim assistance programs in the United States is
described in Appendix F. Information about the range of victims’ rights and services in
the United States is described in Appendix G.
3. Right to Notification
Victim notification is considered to be the threshold right from which all other victims’
rights emanate. Timely notification of criminal justice proceedings—from law
enforcement through the courts, corrections, and the appellate process—is paramount. If
crime victims are unaware that they even have rights, they will be unable to exercise
them.
Victim notification (also called notice) is an official means of providing information, in
oral, written, e-mail, or automated formats, to a victim of or witness to a crime. This may
include notice of statutory and constitutional rights available to the victim, the status of
the case and alleged or convicted offender, and all junctures throughout the criminal
justice process where crime victims have the right to participate.
It is very important that whatever type of notification methodology is used, it has to be
‘situation specific’ and must be reasonable, accurate, and timely. This is a critical issue
for enforcing victims’ rights. For example, if crime victims are not given timely notice of
the sentencing hearing, then victims may be unable to exercise their right to provide a
victim impact statement.
Historical Perspective
The 1982 President’s Task Force on Victims of Crime Final Report recommended that
victim notification laws be enacted to ensure that victims are provided case status
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information, prompt notice of scheduling changes for court proceedings, and prompt
notice of defendants’ arrest and bond status. Today, all 50 states, the District of
Columbia, and the federal justice system have enacted such notification laws.
There are currently more than 65 different points of notification for victims—of their
rights, their rights to attend and participate in hearings, and a number of events and
activities involving the status of alleged and convicted offenders (see Appendix A).
Six Notification Processes3
Many law enforcement agencies, courts, prosecutors’ offices, and probation agencies
have developed victim notification procedures that simplify and streamline the process,
often through the use of technology, in order to conserve staff time and agency resources.
Victim notification is generally provided in one or more of the following ways:
In person by a justice agency official or victim service provider.
By telephone.
By letter.
By e-mail.
Through technology that places automated calls to victims or allows them to call into
a computerized system for case status updates.
Through the use of agency Web sites that document information related to the status
of the case and the alleged or convicted offender.
Range of Victim Notification Processes
When victim notification is provided in person, it is essential for justice agencies to document that the
notification, as required by law, has been delivered. Some agencies also provide the victim with a followup letter that documents and confirms the notification.
Many justice agencies notify victims by telephone, particularly in cases where time is
essential, or when a prescheduled hearing or other event has been postponed. Written
documentation of telephone notifications is also helpful for case record keeping.
Notification by letter and, in some jurisdictions, by e-mail, is by far the most common
method of victim notification. Important considerations in letter and e-mail notifications
include the following:
Confirming that the agency has the current address, e-mail address, or telephone
number for the victim.
3
A. Seymour and D. Beatty, in press, Judicial Education Project Curriculum, Washington, DC: Justice
Solutions et al., and Office for Victims of Crime, U.S. Department of Justice..
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Confirming with the victim that the alleged or convicted offender will not have access
to his or her mail or e-mail account and, in cases where this cannot be guaranteed,
providing alternate notification processes.
Developing word processing templates for letters and e-mail notifications that
facilitate the most time- and cost-effective notification processes.
Developing victim-sensitive notification letters that are easy to understand and that
provide a contact for further information and/or assistance. (See a sample letter in
Appendix B.)
Informing the victim that all notification letters will be delivered in an envelope that
contains the watermark of the justice agency so that it will be opened in a timely
manner.
Nonintegrated automated voice response technology provides victims with a personal
identification number (PIN) to call a centralized mainframe database—free of charge—to
receive updates on their offender’s status. These technologies are modeled after systems
designed for people to contact state lotteries to determine if they hold winning tickets.
Voice-box technology, however, is not integrated with existing management information
systems; such technological isolation renders this approach less effective than integrated
systems.
In some states, an innovative version of electronic monitoring—using satellite technology
to track an offender’s every move—can provide immediate information when an offender
violates any conditions of supervision regarding his or her location (e.g., staying away
from specific victims, staying away from schools). The electronic mapping provided
through this technology allows justice officials to detect violations and notify a victim
when an offender is near him or her and to detect whether the offender is in violation of
the conditions of his or her community supervision.
In some jurisdictions, criminal justice agencies (including some jails and courts) offer all
public information on the Internet via agency Web sites. This offers public access
(including victim access) to information about offenders who are incarcerated or under
community supervision (Seymour, 1999).
Statewide Automated Victim Information and Notification
In 2005, Congress established a grant program with the Bureau of Justice Assistance
(BJA) to provide initial funding and guidelines to help states plan and implement
Statewide Automated Victim Information and Notification (SAVIN) programs. The
intent of Congress is to eventually establish a comprehensive, nationwide automated
victim information and notification system.
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4. Right To Be Present
A victim’s right to be present (often referred to as the right to attend), by the simple
meaning of its terms, asserts the right of a victim to be present during criminal justice
proceedings. State statutes and even state constitutions have defined the right to be
present in varying degrees of specificity. Some legislative mandates state the right in near
absolute terms (e.g., “Victims shall have the right to attend all criminal justice
proceedings that the defendant has the right to attend”). Others establish a rebuttable
presumption regarding a victim’s right to attend, allowing judges considerable discretion
in its application.
Some jurisdictions have not specifically defined which proceedings the victim has the
right to attend, while others have specifically listed such proceedings. (See Colorado Rev.
Stat. §24-4.1-302, 302.5 for an enumerated list of applicable proceedings. See Appendix
C for the range of proceedings at which victims may have the right to be present.)
The right to be present may also differ dramatically depending on the proceeding to
which it applies. Victims may have the broad right to attend sentencing hearings but a
very narrow right to attend the guilt phase of the same trial. In some jurisdictions, the
right to be present includes the victim’s option to designate a representative to attend
proceedings on his or her behalf or to allow family members to assume that right in cases
of homicide.
A much debated issue facing the enforcement of a victims’ right to be present is if this
right impedes due process rights of the defendant. According to research conducted by
the National Crime Victim Law Institute (NCVLI), a nonprofit organization located at
Lewis & Clark Law School in Portland, Oregon , there is not a single case that the
victims’ rights to be present impedes defendant’s due process rights.
Importance of the Right To Be Present
A crime victim’s right to be present at proceedings or hearings represents a unique
opportunity to be part of the criminal justice process. Victims often feel that there is no
substitute for witnessing, in person, the administration of justice in their own case. The
right to be present is important because:
It helps victims take an active role in securing justice, holding the offender
accountable, and promoting safety for themselves and the community.
It reminds the judge, jury, court personnel, and parole boards of the real human
consequences of crime in a way that helps foster a more balanced and just system.
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It helps keep victims informed about what is happening in their case.
It provides victims with the information needed to ask the prosecutor timely and
informed questions about their case and its progress.
Right To Have a Representative Attend on Behalf of the Crime Victim
As a general matter, anyone is allowed to attend a public hearing. State statutes have been
passed to allow the crime victim the right to designate a representative if the victim is
unable to attend in person or if the individual is the parent or legal guardian of an
underage or incapacitated victim.
Generally, state laws specifically state whom the victim can designate to attend
proceedings on his or her behalf and under what circumstances.
Federal and state laws have been passed to provide victims the right to attend public court
proceedings. Before the enactment of these laws, crime victims were routinely not
allowed to attend the trial of their accused perpetrator. The rationale for denying crime
victims this right was that victims should be sequestered if they were to serve as potential
witnesses. Laws now exempt victims from this rule, which was often misused by the
defense to keep crime victims out of the courtroom. In passing court attendance laws,
advocates argued that, just as defendants have the right to be present throughout the court
proceedings, so should crime victims, whether or not they testify.
Court attendance laws vary across the nation. For example:
A number of state laws stipulate that victims should not be subjected to court
exclusion if they are potential witnesses.
Other states laws recognize an “essentially unqualified” right for victims to be present
at court proceedings.
Many states laws provide crime victims the same right to attend every proceeding that
defendants have a right to attend or state that victims should be sequestered only
on the same criteria as defendants. (Seymour and Beatty, in press)
Even with the passage of “right to be present” statutes, there is still great disparity in the
implementation of this right nationwide. Not all states have adopted court attendance
laws in the criminal and juvenile justice systems. In many states, the right to attend is
extended by law to “all crucial proceedings.”
Two states are noteworthy for their court attendance rights. Louisiana law states that
victims must testify first and then be allowed to attend court proceedings, therefore
getting around the issue of sequestration. In the early 1980s, Alabama became the first
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state to provide crime victims the right to attend the trial and to allow victims to sit at the
prosecutor’s table during the trial.
5. Right To Be Heard
A victim’s right to be heard provides that victims have a voice at critical hearings related
to their cases—from bail and bond hearings to sentencing and parole hearings. This right
allows victims to express their concerns about the status of their offenders and, in the
case of a victim impact statement (VIS), the opportunity to tell the court or paroling
authority about the physical, psychological, financial, social, and spiritual impact the
crime has had on them and their families.
Historical Perspective
The right to be heard emanated from the creation of the VIS at sentencing, and it is one of
the most fundamental rights extended to crime victims. The right to be heard at
sentencing through the use of a VIS dates back to 1976, when James Rowland, a chief
probation officer in Fresno County, California, thought it was unfair that his probationers
were able to have a pre-sentence investigation (PSI) report completed before the
sentence, yet no information was presented at sentencing about the impact of the crime
on the victim.
For more than a decade, all 50 states and the federal system have allowed victim impact
evidence at sentencing. The majority of states require the sentencing authority to consider
the VIS in the sentencing decision (e.g., see Indiana Code §35-35-3-5, Michigan Comp.
Laws §28.1287(765), New Jersey Rev. Stat. §52:4B-36). Generally, statutes permit
victim impact information in one or more of three forms: oral impact statements, written
impact statements, and PSI or pre-adjudication investigation (PAI) reports (in the case of
sentencing or adjudication hearings). Most states prescribe what type of information may
be included in a VIS. Virtually all states allow victims to include information about the
physical, emotional, social, and economic impact the crime has had on them and
members of their family (Seymour and Beatty, in press).
Laws Relevant to the Right To Be Heard
In some states, the right to be heard has been extended by statute to include other
junctures of the criminal justice system, including the following:
Pretrial release hearings.
Bail hearings.
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Before the disposition of plea agreements.
Before a probation agreement.
Most states also allow victims to be heard before or at hearings related to an offender’s
parole or commutation.
In addition, one of the most pressing victims’ rights today is the absolute need for crime
victims to be heard before criminal cases are resolved through a negotiated plea,
including the acceptance of a plea of guilty or nolo contendre. There are many reasons
for this, including the following:
Due to the challenging number of cases that must be adjudicated, a large percentage
of felony cases are disposed of by plea agreements.
Sentencing is often negotiated as part of the plea agreement.
It is paramount that prosecutors seek victim input before finalizing plea or sentencing
agreements. The publication New Directions From the Field: Victims’ Rights and
Services for the 21st Century recommends that in “violent crime cases, prosecutors
should request judges to postpone any recommendations for sentence until the victim is
notified, consulted, and provided with an opportunity to submit an impact statement”
(OVC, 1998, p. 87).
Today, enforcement efforts to ensure a victim has a right to be heard are focusing not just
at the sentencing and parole stages of the justice process, but earlier, including during the
pretrial, such as bond hearings and in the plea process.
Types of Victim Impact Statements4
In general, there are eight types of VIS that may be used across the criminal justice
continuum:
1. Written VIS are included as part of the case file and/or the pre-sentence or preadjudication investigation report developed for the court by probation or court
officials. They may also be used before or at parole hearings.
2. Oral VIS (also called “allocutions”) allow the victim to attend the sentencing or
adjudication hearing and present his or her impact information in person to the
court or paroling authority.
3. Audiotape VIS are used when a victim possesses stronger oral than written skills;
when the victim wants his or her voice to be heard in court or at parole hearings
but is unable or unwilling to provide an oral impact statement; and/or when
4
Ibid.
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geographic restrictions prevent the victim from attending a sentencing or parole
hearing.
4. Videotape VIS are similar to audiotape VIS but also feature film footage of the
victim speaking his or her statement.
5. Closed-circuit television VIS are used most commonly in child abuse cases when
the child victim is fearful of facing the convicted or adjudicated offender in court
or at a parole hearing.
6. Live streaming video VIS via the Internet can be used when geographic distances
preclude the victim from actually attending sentencing or parole hearings.
7. Video teleconferencing is being used in many states by paroling authorities to
facilitate the victim’s right to be heard at a site that is separate by sight and sound
from the incarcerated offender.
8. Child VIS offer child victims a method to deliver VIS in measures that are
commensurate with their age and cognitive development.
Model Format for Victim Impact Statements (VIS)
This model format (Seymour, 2002) was designed to incorporate both open-ended
questions to which the victim can respond with general, personal responses and closeended questions that are more specific. For each of the 11 questions, a brief description of
its intent and purpose follows.
It is important to allow victims as much space as needed to complete their VIS. (See
notation at the end of this model format.)
1. Please describe this offense and how it has affected you and your family.
This question allows victims to describe—in their own words—the specifics of the
crime itself (this is particularly important in cases that result in plea agreements). It
also gives victims an opportunity to address, in general terms, the overall impact that
the crime has had on their family and them.
2. What was the emotional impact of this crime on you and your family?
This question allows victims to address any significant psychological or emotional
effects that may have resulted from the trauma of victimization, including immediate,
short-term, and long-term impact.
3. What was the physical impact of this crime on you and your family?
This question allows victims to address the impact of physical injuries resulting from
the crime and its aftermath and how it has affected their lifestyle.
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4. What was the financial impact of this crime on you and your family?
This question allows victims to address any financial losses that directly resulted from
the crime that can be incorporated into the prosecutor’s request for restitution. A
checklist of information for “Documenting Losses for Victim Restitution,” which can
be provided to victims before their preparation of the VIS, is included in Appendix D.
5. Was there any spiritual impact on you and your family? If so, please
describe.
A recent addition to many VIS forms, this question provides victims with
opportunities to address how their faith has been affected by the crime.
6. What concerns (if any) do you have about your safety and security?
Victimology literature suggests that victims may not always disclose their concerns
about personal safety. This question allows them to consider and address such
concerns and request specific protective measures if needed (see question 7).
7. Do you want to request a “no contact” order to be in effect during the
convicted (or adjudicated) offender’s period of incarceration or community
supervision?
For many victims, a no-contact or protective order can offer some peace of mind. If
victims request any type of court-ordered protective measure, they should also be
provided with information about who can help them seek an order, how it is
processed, and whether or not the victim will be notified when the offender is served
with the order. (See the next section, “Right to Reasonable Protection From
Intimidation and Harm.”)
8. What do you want to happen now?
This open-ended question gives victims the opportunity to consider and express their
general opinions and feelings about now and the future, without any specific
guidelines. If victims are provided with information about the range of sentencing or
adjudication options, it can help them answer this question.
9. If community service is recommended as part of the disposition or sentence,
would you like to have input into this recommendation?
Some victims feel empowered by their capacity to guide community service
recommendations. The probation agency can provide victims with a list of its
standard community service placements. In many jurisdictions, offenders perform
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community service that directly or indirectly benefits victims of crime and those who
serve them.
10. Is there any other information you would like to share with the court
regarding the offense and how it has affected you and your family?
This final, open-ended question provides victims with the opportunity to include any
information that has not been addressed by the previous nine questions.
11. Would you like to continue to be notified about the status and location of the
convicted offender?
If victims request further notification, they should be provided with specific
information about which agency is responsible for notifying them, any enrollment
requirements they must fulfill to be notified, and the format in which the notification
will come (e.g., telephone, automated computerized telephone calls, letter, e-mail).
6. Right to Reasonable Protection From Intimidation and Harm
The right to reasonable protection provides that justice agencies and agents have a duty to
offer victims a range of measures that can enhance their personal safety and prevent an
alleged or convicted offender from intimidating, threatening, or harming them.
Historical Perspective
While no statute, law, or even constitutional amendment can guarantee that victims will
be protected from their accused or convicted offenders, numerous states have specifically
stated that victims have a right to “reasonable protection” from the offender. More than
half the states have passed laws granting victims the right to be reasonably protected from
the accused during the criminal justice process.
Statutes and policies related to victim protection provisions take many forms. One
category of these statues and policies relates to providing information that may directly
affect victim safety or, conversely, to protect information that might compromise such
safety. Another category addresses safety issues related to the release of accused or
convicted offenders. A third category provides legal recourse for victims through
protective orders, and a fourth category establishes policies and practices that enhance
victim safety in the courthouse (Seymour and Beatty, in press).
Today, the right to protection from intimidation, harassment, and retaliation by accused
and convicted offenders has become even more critical. Justice system officials find it
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more difficult to obtain convictions when crime victims and witnesses are afraid to
testify.
Victims’ rights laws address safety concerns in various ways, including the following:
Victims’ bills of rights generally require victims to be notified at the onset of the
judicial process about legal action they can take to protect themselves from
intimidation and harassment, such as orders of protection or restraining orders.
Many states have enacted laws requiring courts to establish safe and secure waiting
areas for crime victims and witnesses to reduce the potential intimidation and
harassment from a defendant or his or her family and friends. Courthouses across
the country have improved security. When new courthouses were recently
designed in the state of Connecticut, for example, separate and secure waiting
areas for victims were incorporated into the architectural plans.
Many states have also established specific offenses for the harassment of victims and
witnesses and make such harassment grounds for bail revocation and
reincarceration.
Many states have enacted protection statutes that mandate that judges issue nocontact orders as a condition of pretrial and posttrial release, with the same type
of victim protection afforded by parole boards.
States also have passed laws that require automatic revocation of pretrial or
supervised posttrial release if the defendant or convicted offender harasses or
intimidates a victim or witness.
Many state laws have given courts the authority to detain defendants who pose a
danger to victims or community safety.
Crime Victims and Safety Concerns
Victims of crime may have important concerns about their personal safety and that of
their family and loved ones. Often, victims’ concerns about safety arise from many
circumstances, including the following:
The trauma of victimization.
Real or implied threats made by the alleged or convicted offender and his or her
colleagues.
Not knowing or understanding their rights to protection as defined under law.
Not knowing about the range of services available to identify and address their safety
concerns.
When victims have concerns about their safety and identify these concerns to criminal
justice and victim assistance officials, a variety of approaches can be developed to
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promote safety for the victim within the criminal justice system, as well as at home and in
the community.
While state and federal laws provide crime victims with the right to receive orders of
protection from potential intimidation and harassment by the defendant or convicted
offender, the practical reality is that such orders are difficult to enforce. Some have
referred to orders of protection as “paper promises.” Various methods can be used to
enhance the effectiveness of orders of protection. For example:
All protection orders should be maintained in a central, automated database so that
law enforcement and other justice officials have immediate access to the
information.
Violations of protection orders should be consistently and quickly sanctioned, and all
protective orders should be enforced within states and across state lines.
One of the most important provisions of the 1994 Violence Against Women Act
(VAWA) was to allow interstate enforcement of orders of protection. Before the passage
of this important statute, law enforcement did not have the power to arrest anyone for
violating a protection order issued in a jurisdiction outside their state.
Specific Suggestions for Ensuring Victim Safety
Crime victim protection rights begin with ensuring that victims are knowledgeable about
the complete range of victim protection rights available. Advocates should ensure that
crime victims know the following:
The right to reasonable protection from the accused or convicted offender means that
victims can request that the court, correctional agency, probation agency, or
paroling authority issue a protection or no-contact order. This means that for a
designated period of time, the offender will be under a criminal justice system
order to refrain from contacting the victim.
Victims can also request contact information for the specific criminal justice agency
and official(s) who are responsible for offender supervision or incarceration.
While orders of protection cannot guarantee victims’ personal safety and security, it
is important that victims are informed of the specific conditions of the order and
that justice agencies confirm that it has been served to the offender (i.e., that he or
she is in possession of the order).
A no-contact order is just one possible condition of community supervision that addresses
safety issues. Others include confiscation of firearms or other dangerous weapons,
intensive probation, electronic monitoring, and protection orders for specific venues. A
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list of conditions of offender supervision that are related to victim protection is included
in Appendix E.
It is also helpful for advocates to assist victims in making decisions and considering
actions that can enhance their personal safety and security—at home, at work, and in the
community.
Many victim assistance programs help victims develop safety plans that give them a
sense of control and involvement in their personal protection.
7. Right to Restitution
Restitution is the oldest victim right. The concept of restitution dates back thousands of
years. Restitution statutes were among the first victims’ rights laws passed in the 1960s
and 1970s.
Restitution is part of a criminal sentence that is applied to offenders in an attempt to
restore—to the extent possible—the crime victim to his or her pre-offense state. It also
serves to prevent unjust enrichment of the offender.
The Role of Restitution5
The consequences of violent crime are predominantly viewed in the context of offenses
committed against the state, and punishment is often referred to as “paying a debt to
society.” The most obvious and real impact of crime is visited not on such an abstract
entity as the state, but on actual living people who suffer the real harm that crime
inflicts—physically, emotionally, spiritually, and financially.
Victim advocates and others have argued that victims, by virtue of the fact that they
suffer the real harm of crime, are the parties with the greatest moral, if not legal, authority
to demand that their rights and interests be addressed by the criminal justice system—that
their wounds be healed, both figuratively and literally. Though physical, emotional, and
financial injuries have no simple salve that any system, criminal or otherwise, can offer
as a cure-all, such injuries share one common aspect—costs. In the real economic sense
of the word, costs include the following circumstances:
Physical injuries often require costly medical care and physical therapy.
Psychological and emotional injuries often require ongoing counseling and therapy.
5
Ibid.
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Victims also suffer direct economic losses as a result of property damage, theft, lost
wages, and expenses related to their participation in the justice process.
Given the limited resources of many crime victims, the economic consequences often
push victims to and over the brink of bankruptcy.
When multiplied by the number of crime victims nationwide, the total cost of crime is
staggering. The National Institute of Justice (NIJ) estimates that the cost of crime in
terms of medical expenses, lost earnings, and public assistance tops $105 billion per year
(Miller, Cohen, and Wiersema, 1996). When researchers added pain, suffering, and
reduction of quality of life, the estimate reached an astounding $450 billion (Miller et al.,
1996). Yet, as this study points out, “most of these costs are shouldered by the victims
and public or private victim service providers” and not by those who committed the
criminal acts.
Restitution is intended to shift some of that burden back to where it is most appropriate—
the convicted criminal offenders (Seymour and Beatty, in press).
Today, all states have passed restitution laws that provide crime victims the right to
receive financial recompense from their offender. Restitution can be ordered in federal
and state criminal and juvenile courts. However, these laws vary greatly across the
nation. In general, restitution can be ordered in the following cases:
Property crime involving the theft of goods or stolen or damaged property.
For victims and survivors of violent crime and for homicide victims for current and
future expenses related to the crime.
Theft of services, fraud, forgery, and violation of vehicle and traffic laws.
Restitution is not a punishment or an alternative to fines, sanctions, or interventions with
the offender. Rather, restitution is a debt owed to victims. Recently, judges have begun to
order community restitution in which the convicted or adjudicated offenders pay back the
community through service or fines. However, restitution is often overlooked and
minimized by the justice system due to the many myths that surround the concept, such
as offenders not having money to pay or that it is too difficult to collect.
Traditionally, restitution has been defined as a monetary payment by the offender to the
victim for the harm resulting from the offence. Early restitution laws limited restitution to
those crime victims who suffered physical injury or financial loss as a direct result of
crime and were eligible to receive restitution for out-of-pocket expenses. However,
restitution laws have greatly evolved, and the definitions of who qualifies and the types
of losses covered have broadened. For example:
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In addition to the crime victim, some states allow family members, victims’ estates,
and victim service agencies and private organizations that provide assistance to
victims to be eligible for restitution.
States have expanded their definitions of the types of compensable losses that can be
paid for by restitution, including psychological treatment, sexual assault exams,
HIV testing, and occupational or rehabilitative therapy, as well as lost profits,
moving and meal expenses, case-related travel expenses, and burial expenses.
Restitution can include both monetary payments and in-kind services to the victim.
One of victims’ key concerns is the ordering of restitution by judges. State laws have
addressed the issue of mandatory restitution in a variety of ways, including the following:
Approximately half of state victims’ rights laws require that mandatory restitution
should be made to crime victims.
Many state laws provide that mandatory restitution should be ordered by judges
unless compelling reasons to the contrary are stated on the record.
In the 32 states that have passed victims’ rights constitutional amendments, at least 10
of the amendments require that judges order mandatory restitution for crime
victims.
Restitution Enforcement
Today, effective restitution programs involve several justice agencies. For example:
Law enforcement must inform victims of their right to restitution.
Prosecutors must request that judges order restitution and not reach plea agreements
without requesting restitution.
Judges should order restitution or explain in writing why they did not.
Institutional corrections should collect and disburse restitution.
Probation and parole agencies must collect and disburse restitution.
Supervision and/or sanctions should be extended until restitution is paid in full.
States should extend probation or parole until all restitution is paid in full.
Sanctions should be placed on offenders who refuse to pay restitution.
Restitution can become a civil lien.
Restitution can be collected to reimburse state compensation programs.
Documenting Losses for Victim Restitution
A critical role for victim advocates is helping victims to document their losses for the
purpose of restitution. A checklist that can be easily adapted to any jurisdiction or justice
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system to help victims consider the range of losses that may be covered by restitution is
included in Appendix D.
8. Right To Apply for Compensation
Victim compensation programs may reimburse crime victims for crime-related expenses
that are not covered by collateral sources—such as medical costs, mental health
counseling, funeral and burial costs, and lost wages or support. However, to qualify for
compensation, certain requirements must be met.
Historical Perspective
Every state has a crime victim compensation program that can provide substantial
financial assistance to crime victims and their families. While no amount of money can
erase the trauma and grief victims suffer, this aid can be crucial in the recovery process.
By paying for care that enhances victims’ physical and mental health, and by replacing
lost income for victims who cannot work or for families who lose a breadwinner,
compensation programs help victims rebuild their lives and their financial stability.
State laws dictate the range of compensation benefit levels available to crime victims.
Almost all states have minimum loss requirements. All states have maximum benefit
levels, usually ranging from $10,000 to $25,000 (National Association of Crime Victim
Compensation Boards, 2005). Claimants use the compensation funds over the long term.
As a result of the passage of the Victims of Crime Act (VOCA) in 1984—and to qualify
for VOCA funding—compensation programs must agree to consider for eligibility all
U.S. citizens who are victims of crimes within their states, regardless of the residency of
the victim. In addition, compensation programs also must cover their own residents who
are victims of terrorism in foreign countries and crimes falling under federal jurisdiction
within the states, such as crimes occurring on Indian reservations, national park lands, or
military bases.
Eligibility Requirements
Once a victim of violent crime has been informed of his or her right to apply for
compensation, it is important to understand eligibility requirements. While these vary
from state to state, the victim generally must:
Be innocent of criminal activity or significant misconduct that caused or contributed
to the victim’s injury or death.
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Report the crime promptly to law enforcement. (Many states have a 72-hour standard,
but nearly all states have “good cause” exceptions applied liberally to children
and incapacitated victims and in other special circumstances.)
Cooperate with police and prosecutors in the investigation and prosecution of the
case. (Some states make exceptions.)
Submit a timely application to the compensation program (generally 1 year from the
date of the crime, although a number of states have longer time frames, and most
can waive these requirements when appropriate) and provide other information as
requested by the program.
Have a cost or loss not covered by insurance or some other readily available collateral
resource.
A victim advocate or other helping professional can further explain victims’ roles to
them, including the type of documentation that is required for an application, how
decisions are made by compensation programs, and the length of time it may take to
receive a decision and/or remuneration. Judges should encourage victims to contact a
victim advocate or state victim compensation program for additional information or
assistance.
Compensation Benefits
Compensation programs can pay for a wide variety of expenses and losses related to
criminal injury and homicide. Beyond medical care, mental health treatment, funerals,
and lost wages, a number of programs also cover moving or relocation expenses,
transportation to medical providers, crime-scene cleanup, rehabilitation (including
physical therapy and occupational therapy), modifications to homes or vehicles for
paralyzed victims, the cost of housekeeping and childcare services, and fees for attorneys
who help victims apply for compensation (usually in limited amounts and sometimes
only for appeals).
Personal property stolen, lost, or damaged during the crime is not covered, with a few
limited exceptions (Florida, New Jersey, and New York). All states will cover medically
necessary equipment, such as eyeglasses or hearing aids. Only three states currently pay
for costs associated with pain and suffering (Hawaii, Rhode Island, and Tennessee).
Collateral Resources
All compensation programs are “payers of last resort.” Other collateral sources of
payment to the victim—such as medical or auto insurance, employee benefit programs,
Social Security, and Medicaid—must be accessed first before the programs will consider
payment. In addition, if the victim recovers any money from the offender or any other
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party liable for the victim’s expenses, the compensation program must be paid back for
that portion of the expenses the program covered, unless the victim’s total out-of-pocket
losses exceed the amount both paid by the program and recovered from another source.
9. Right to Speedy Proceedings
A victim’s right to proceedings without unreasonable delay means that a court is required
to consider any adverse impact a delay may have on the well-being of the victim when
considering a motion for a delay or continuance.
Many states have passed laws that give crime victims the right to request a speedy trial,
just as defendants have a similar right that is clearly defined in the U.S. Constitution.
There have been horror stories of intentional delays and continuances initiated by the
defense to delay the trial until the victim is no longer able or willing to testify. Elderly
victims, victims with life-shortening illnesses, and child victims are examples of victim
population groups for whom speedy trial rights are particularly important. Some states
have passed speedy trial laws for these specific groups.
One of the greatest hardships victims endure in the criminal justice process is the delay of
scheduled proceedings. Repeated continuances cause serious hardships and trauma for
victims as they review and relive their victimization in preparation for trial, only to find
the case has been postponed. The impact of continuances is particularly difficult for
victims whose memories may fade over time or whose health may deteriorate.
The schedules and concerns of victims should be taken into consideration by judges
before they grant continuances. A disposition free from unreasonable delay helps to
ensure that victims, as well as defendants, receive speedy trials and that the impact of
delay on victims is considered by judges in response to requests for continuances.
10. Special Rights and Protections
The following three victims’ rights laws fall under the category of special rights and
protections.
Employer Intercession
Most states have enacted laws that prohibit employers from taking adverse action against
victims who must miss work to participate in the justice process, although these laws do
not provide monetary compensation for victims who participate. These laws are designed
to prevent employers from firing or penalizing victims when they take time off from
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work to attend preliminary hearings, trials, sentencing hearings, parole hearings, and so
forth. If victims are also witnesses, they will qualify for standard witness fees according
to individual state laws and policies.
The rationale in passing employer intercession laws is that crime victims should not be
discriminated against on the job because they have to take time off to participate in the
justice process. The publication New Directions From the Field: Victims’ Rights and
Services for the 21st Century (OVC, 1998) provides the following suggestions on how
this right should be implemented:
While protections for jurors are limited, victims should have, at minimum, the
same levels of protections as jury members. To the extent possible, employers
should be required to work with employees and their unions to ensure that victims
maintain their employment after absences due to attendance at criminal and
juvenile justice proceedings. Victims should continue to receive salaries or wages,
reduced by any witness fees received, for a designated period of time. Afterwards,
they should be able to use vacation and sick leave. In addition, judges should be
encouraged to take employment concerns of victims and their employers into
consideration when scheduling proceedings. (p.26)
Prompt Property Return
Procedures for the swift return of property to victims and witnesses should be developed
at the federal, state, and local levels to serve as models for law enforcement agencies
nationwide. Emergency funds should be made available to victims to replace essential
items. Laws providing victims the right to have their property returned within a
reasonable period of time should be enacted in all states and on the federal level.
Law enforcement agencies should place high priority on the speedy return of victims’
property. They should augment their property identification procedures by providing
written instructions to victims to help them assist in the description and retrieval of
property held as evidence. When it is not possible to release property held as evidence, an
emergency fund should be available in every community to cover the cost of replacing
essential property, such as a warm winter coat. Victims should never be charged for the
storage of their property, and they should be reimbursed for property that is lost, sold, or
damaged while held as evidence.
Victims’ Right to Privacy
Generally the question of victims’ right to privacy covers two specific subject matter
areas of particular interest to crime victims. The first involves the protection of the
victim’s contact information (e.g., home and work address, telephone number, e-mail).
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The second relates to the protection of information about the identity of the victim. These
two privacy rights differ significantly not only as to the subject matter but also as to the
prospective audience from which the information is intended to be withheld. More
significantly, they differ as to the purpose for which they were created (Seymour and
Beatty, in press).
Privacy rights related to contact information were created primarily to prevent defendants
or their agents from discovering the location of the victim to further victimize, harass, or
intimidate the victim or his or her immediate family members. In other words, the
primary purpose of privacy rights concerning the victim’s contact information is to
protect the safety of the victim.
In the second instance, privacy rights to prevent the disclosure of the victim’s identity to
the public are intended to address the embarrassment, loss of dignity, and stigma that
could result from the publication of deeply personal facts about the victim or details
related to the crime itself.
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Strategies to Strengthen Victims’ Rights6
Historical Perspective
At the founding of our country, private prosecution was the norm. In this previous system
of justice, crime victims were responsible for investigating and prosecuting crimes
against them, and the harm from crime was predominately thought of as a private harm.
Over the years, the office of the public prosecutor was born and rose in prominence, as
did the idea that harm from crime was not just a private harm but also was a social harm.
Private prosecution persisted well into the 19th century, often co-existing with public
prosecution. In some locations today, private prosecution continues for misdemeanor
crimes, and in other locations, citizens have access to grand juries such that they can
present their case to that body. As is often true of pendulums, the pendulum of our
criminal justice system swung far away from its early victim-centric criminal justice
system that allowed for substantive victim participation, toward an exclusive public
prosecution/social harm approach to criminal justice. This nearly exclusive reliance on
public prosecution has diminished and also has engendered the modern crime victims’
rights movement.
Key Events in Victims’ Rights Enforcement
The case of Linda R.S v. Richard D. is one of critical moments in the history of victims’
rights enforcement. In 1972, the Supreme Court considered whether an unmarried woman
could seek to enjoin the prosecutors’ office from discriminately applying a statute
criminalizing the nonpayment of child support by refusing to prosecute fathers of
children born to unmarried women, Linda R.S. v. Richard D., 410 U.S. 614 (1972). The
Court’s narrow holding was that the victim could not demonstrate a sufficient nexus
between the prosecutor’s alleged discriminatory enforcement of the statute and the
woman’s failure to secure child support payments from the father, and therefore, the
victim did not have standing to seek the relief she requested. In dicta, the Court
acknowledged the then-prevailing view that “a private citizen lacks a judicially
cognizable interest in the prosecution or non-prosecution of another.” In law, when you
have no “judicially cognizable interest” you have no right to ask the court for redress of
your grievance. The Court’s statement could be interpreted to mean that victims of crime
have no interest or right to participate in the prosecution of their offender, which is a
6
Substantial portions of this content was provided by Meg Garvin, Executive Director of the National
Crime Victim Law Institute (NCVLI), a nonprofit organization located at Lewis & Clark Law School in
Portland, Oregon, a national organization dedicated to ensuring enforcement of victims’ rights in criminal
courts nationwide.
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shocking proposition to a victim of crime. Importantly, Linda R.S. went on to provide a
foundation for remedying the above-described situation by stating in a footnote that
Congress, and by logical extension state legislatures, could “enact statutes creating legal
rights, the invasion of which creates standing, even though no injury would exist without
the statute.” Id. at 617 n.3.
Another critical moment in the history of victims’ rights enforcement is Federal Rule of
Evidence 615 (the rule of sequestration). In 1975, Federal Rule of Evidence 615 (the rule
of sequestration), was adopted. This rule required automatic exclusion of witnesses if
requested by either the prosecutor or defendant. Shortly after Rule 615’s adoption, most
states adopted a rule of sequestration similar to the federal rule. As a result, crime
victims were routinely identified as potential witnesses, whether there was a real
intention to call them or now, thus resulting in their systematic exclusion from trial.
In response to the pendulum’s swing, and with more societal concern for the victims of
crime, the modern victims’ rights movement was born. This movement sought first,
enforceable rights for crime victims; and second, social services for crime victims, such
as crime victim advocates and other service providers.
A foundational document in the development of the crime victims’ movement was the
1982 President’s Task Force on Victims of Crime. The task force set out 68
recommendations for how rights and services for crime victims could be substantially
improved in this country’s justice systems. Notably, among the recommendations of the
Task Force was to amend the Sixth Amendment to the United States Constitution so that
“victims in every criminal prosecution shall have the right to be present and heard at all
critical stages of judicial proceedings.” The Task Force recommended the passage of this
federal constitutional amendment to create specific, constitutional rights for crime
victims. The Sixth Amendment provides specific rights and protections for those accused
of crime, yet offers no rights for crime victims.
In the mid 1980s, a constitutional amendment strategy was adopted to seek state
constitutional amendments first to establish a strong nationwide base of support before
pursuing a federal constitutional amendment. Today, 32 states had adopted constitutional
amendments, with the overwhelming support of voters. Notably, these constitutional
provisions vary in the number of rights afforded (e.g., only California explicitly provides
for restitution) as well as enforceability. All states and the federal government have
passed crime victims’ rights legislation. At the federal level, Congress passed the first of
several pieces of crime victims’ rights legislation in 1982, the Victim and Witness
Protection Act, and subsequently passed a series of laws, successively giving greater
legislative recognition to the rights of crime victims. Generally, victims’ rights are
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aimed at protecting victim privacy, protection, and participation. In 1983, the American
Bar Association issued its Fair Treatment of Crime Victims and Witnesses. The Fair
Treatment Guidelines set forth 13 guidelines establishing “courtesies and considerations”
owed to victims and witnesses in the criminal justice process, seeking, in part, to remedy
the then-existing “nonstatus” of crime victims.
A national advocacy effort to pass a federal constitutional amendment began in earnest.
In 1991, a resolution was first introduced in Congress to create federal constitutional
rights for crime victims. Over the course of the next decade, numerous congressional
hearings were held, and many victim advocacy groups worked very hard for the passage
of the amendment. By 2004, the effort had failed. Instead, the Justice for All Act was
passed, which provided specific rights for crime victims and some remedies for the
enforcement of victims’ rights.
There are many significant reasons to enact constitutional rights for crime victims.
Currently, there are no consistent and comprehensive rights for crime victims in every
state or at the federal level. Constitutional rights would also help ensure that the nation’s
courts “engage in a careful and conscientious balancing of the rights of victims and
defendants” (OVC, 1998, p. 9). In addition, constitutional rights would help guarantee
that crime victims have the opportunity to participate in all proceedings related to crimes
against them.
Many victim advocates believe that a victims’ rights constitutional amendment is the
“only legal measure strong enough to rectify the current inconsistencies in victims’ rights
laws that vary significantly from jurisdiction to jurisdiction on the state and federal
levels” (OVC, 1998, p. 10). In addition, most agree that it is the “only legal measure
strong enough to ensure that the rights of victims are fully enforced across the country”
(OVC, 1998, p. 10).
Today, 33 states have passed constitutional amendments that provide specific rights for
crime victims. The goal of passing state constitutional amendments has been to
strengthen existing victims’ rights statutes and provide a more forceful tool for
enforcement of these rights.
Despite the passage of significant victims’ rights legislation in the past decades, there is a
failure of enforceability of many victims’ rights laws. This failure was keenly
demonstrated by United States v. McVeigh, 106 F.3d 325 (10th Cir. 1997). In McVeigh, a
number of the victims of the Oklahoma City bombing sought to exercise their federal
statutory right to attend the criminal trial of McVeigh, and to subsequently testify at the
sentencing proceeding if McVeigh was convicted. The trial court prohibited the victims’
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attendance at trial if they opted to appear and testify at sentencing. The victims sought
review from the appellate court, and the Tenth Circuit Court of Appeals upheld the trial
court, pointing to the statute’s requirement of only “best efforts,” and finding that the
statute did not grant the victims standing to seek review of denials of their rights. Id. at
335.
This ruling meant that while victims of the bombing had, on paper, the rights to both
attend the proceedings and to be heard at the sentencing, when the trial court denied these
rights there was nothing the victims could do. Consequently, in 1995, the leaders of the
National Victims Constitutional Amendment Network (a group of pro-victims’ rights
advocates) called on Congress to take action on the final recommendation of the
President’s Task Force: adoption of a federal constitutional amendment affording rights
to victims of crimes.
The history of the move for a federal constitutional amendment is detailed and ongoing.
Here are some of the highlights.

On April 22, 1996, during the 104th Congress, a constitutional amendment was
introduced. The proposed amendment contained seven rights, and a subsequent
version included crime victim standing to enforce the articulated rights.

The 104th Congress did not pass the amendment, but in the years between 1996 and
2004 resolutions calling for a federal constitutional amendment creating rights for
crime victims were introduced in nearly every Congress, and congressional hearings
on the resolutions were held numerous times.
Other Key Developments in Enforcement of Victims’ Rights
All is not bleak with respect to the enforcement of victims’ rights laws. There are many
shining examples of innovative efforts to better ensure that victims’ rights are protected.
For example:
Maryland passed a statute that enables victims of violent crimes to apply for “leave to
appeal” any final order that denies victims their basic rights. (See Maryland Code
Ann., Art. 27, §776 [1993], [ND p 43/90].)
Arizona enacted a law that “grants victims the right to challenge post-conviction
release decisions resulting from hearings at which they were denied the
opportunity to receive notice, attend, or be heard” (Arizona Rev. Stat. Ann., §134437 [West 1991], [ND p 43/91]).
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Arizona law gives victims the right to sue for money damages from any government
entity responsible for the “intentional, knowing or grossly negligent violation” of
victims’ rights (Arizona Rev. Stat. Ann., §13-4437 [West 1991], [ND p 43/91]).
Court-ordered injunctions and writs of mandamus are available to force criminal
justice personnel to respond to willful violations of victims’ rights laws.
Several states have an Office of the Crime Victims Ombudsman, which is charged
with investigating statutory violations of victims’ rights laws and mistreatment of
victims by criminal justice officials.
Colorado has a statewide coordinating committee that serves as an ombudsman for
victims’ rights implementation.
Wisconsin law offers penalties for the willful violation of crime victims’ rights.

Beginning in 2003, the Office for Victims of Crime has funded the National Crime Victim Law
Institute to establish and oversee a network of pro bono legal clinics nationwide that help victims
assert and seek enforcement of their state and federal victims’ rights. The first of these clinics,
Arizona Voice for Crime Victims, continues to be a model for others. Together these clinics have
represented more than 1,200 victims in criminal proceedings, made more than 1,300 court
appearances, and filed more than 665 court documents on behalf of victims.

In 2004, Congress passed and the president signed into law the “Scott Campbell, Stephanie Roper,
Wendy Preston, Lourarna Gillis, and Nila Lynn Crime Victims’ Rights Act Federal Crime
Victims’ Rights Act of 2004,” 18 U.S.C. § 3771 (CVRA). The CVRA provides victims of federal
offenses with eight rights and explicitly provides trial-level standing for victims to individually
assert those rights, as well as the right of victims to seek rapid and mandatory appellate review of
any denial of their rights. This law is codified in Title 18--the criminal code--of the United States
Code, so that it resides side-by-side with the majority of other provisions governing federal
criminal processes. Following passage of the CVRA, one federal court stated, “The criminal
justice system has long functioned on the assumption that crime victims should behave like good
Victorian children--seen but not heard. The [CVRA] sought to change this by making victims
independent participants in the criminal justice process.” Kenna v. United States Dist. Ct. for the
Cent. Dist. of Cal., 435 F.3d 1011, 1013 (9th Cir. 2006).

In 2008, the people of Oregon passed two new constitutional amendments making explicit that
their existing constitutional victims’ rights could be individually enforced by the crime victim in
the criminal case.

In November of 2008, as this chapter was going to press, an important new development occurred.
Marsy's Law, California's new Victims’ Rights Amendment, passed. This law is one of the most
comprehensive piece of victims’ rights legislation in the nation. California, victims will have
meaningful and enforceable rights, including the rights:

To notice of all proceedings
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










To be present whenever the defendant has the right to be present
To be heard at critical stages … before the defendant is released after arrest,
before a plea bargain is accepted by the court, before any sentence is imposed,
before there is a parole, and any time their rights are at issue.
To have their safety considered before any release decisions are made and to
know when the offender is being released or has escaped
To protect their confidential records
To refuse to submit to interrogations by the defendant or his lawyer before trial
To confer with the prosecutor
To be free from intimidation, harassment, or abuse, and to be treated with fairness
and respect
To a speedy trial and to reasonable finality. Victims would have an independent
right to enforce these rights in any court.
It will require that victims be informed of their rights just like the defendants are
given their Miranda rights.
It will provide the means to stop the regular nightmare of repeated opportunities
for clearly dangerous offenders to be re-considered over and over again for
parole.
It will secure for victims a meaningful opportunity to participate in parole
proceedings and will set their safety and the safety of the public as the critical
standard before release decisions are made.
Legal Enforcement Efforts
As noted above, although well meaning and oftentimes at least somewhat effective, there
are fundamental legal flaws with the legislative steps previously outlined. Despite
positive legislative enactments, many victims’ rights continued to suffer a fundamental
legal flaw: They were often unenforceable. Thus, while the constitutional amendments
& statutes appeared to advance victims’ rights, in practice often they were not “rights”
because without remedies rights are empty promises. What is needed is legal advocacy
for victims of crime and the funding and support for those who advocate for the
enforcement of victims’ rights. Below are some examples of differing mechanisms for
engaging legal advocates in the pursuit of enforcement of legal rights for victims through
the courts.
Legal Advocates for Victims
Connecticut’s Office of the Victim Advocate [www.ct.gov/ova/site/default.asp],
established in 1999 by Connecticut General Statute Section 46a-13b et seq., is an
example of victim rights enforcement that may provide direct legal assistance to victims
who feel that their rights have been abridged and who seek vindication of those rights.
The Connecticut Office of the Victim Advocate:
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
Monitors and evaluates the provision of services to crime victims and the enforcement of victims’
rights in Connecticut.
Receives complaints from crime victims regarding the provision of rights and
services and may investigate such complaints.
Files an appearance in any court proceeding to advocate for victims’ rights when it is
alleged that such rights have been or are being violated.
Advances policies throughout the state that promote the fair and just treatment of
victims throughout the criminal justice process.
Provides oversight and advocacy when the criminal justice system fails crime victims.
Ensures that the voices of crime victims play a central role in Connecticut’s response
to violence and those victimized by crime.
Very unique to this approach is that the office is a state agency that directly represents
victims of crime with their complaints against other government entities that have not
provided victims with their constitutional and statutory protections and accommodations.
National Crime Victim Law Institute7
The National Crime Victim Law Institute (NCVLI), a nonprofit organization located at
Lewis & Clark Law School in Portland, Oregon, is a national organization dedicated to
ensuring enforcement of victims’ rights in criminal courts nationwide. NCVLI’s mission
is to actively promote balance and fairness in the justice system through crime victimcentered legal advocacy, education, and resource sharing. NCVLI accomplishes its
mission through education and training; technical assistance to attorneys; promotion of
the National Alliance of Victims’ Rights Attorneys (www.navra.org); research and
analysis of developments in crime victim law; and provision of information on crime
victim law to crime victims and other members of the public.
While NCVLI does not directly represent crime victims, it ensures enforcement of
victims’ rights in criminal cases through two avenues. First, with grants from the Office
for Victims of Crime (OVC), NCVLI launched a network of eight legal clinics that
provide direct, pro bono legal representation and social service support to victims as they
assert and seek enforcement of their rights in state, federal and tribal criminal
proceedings. As of fall 2008, with technical assistance from NCVLI, this network had
represented over 1000 victims in criminal cases, appearing in court as legal counsel more
than 1300 times. Second, NCVLI’s legal team strategically analyzes cases and identifies
7
Ibid.
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those that could benefit from participation in an amicus curiae (friend of the court). In
these cases NCVLI files briefs which provide the court a national perspective on victim
law, and a legal framework to aid advancement of rights. For information about NCVLI
or its programs, or to seek technical assistance please go to www.ncvli.org.
State Crime Victim Legal Clinics
As noted above, NCVLI funds 8 clinics to provide direct pro bono legal and social
service support to victims. These clinics are located in Arizona, Colorado, Idaho, New
Jersey, New Mexico, Maryland, South Carolina and Utah. In addition, OVC directly
funds two additional clinics that provide pro bono legal representation. These clinics are
located in Ohio and Oklahoma. In addition to representing crime victims, all 11 clinics
serve as an important resource to victims, social services providers, courts, and criminal
justice professionals by training lawyers, judges, victim advocates and law students on
victims’ rights law.
The clinics, listed alphabetically by order of the state in which they are located, are:











Arizona Voice for Crime Victims: www.voiceforvictims.org/
Colorado Crime Victims Legal Clinic: www.coloradocrimevictims.org//
Victims’ Rights Clinic at the University of Idaho:
www.law.uidaho.edu/default.aspx?pid=65564
The D.C. Crime Victims Resource Center: http://dccrimevictims.org/
Maryland Crime Victims’ Resource Center, Inc.: www.mdcrimevictims.org/
New Jersey Crime Victim Law Center: www.njcvlc.org/
New Mexico Victims’ Rights Project: www.nm-victimsrights.org/home.html
Justice League of Ohio: www.thejusticeleagueohio.org/
Oklahoma- Native American Victim Rights Law Clinic:
www.law.utulsa.edu/indianlaw/
South Carolina Crime Victim Legal Network: www.scvan.org/legal/index.html
Utah Crime Victims Legal Clinic: www.utahvictimsclinic.org/
The Role of Victim Advocates in Ensuring that Victims Receive Their
Rights
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A critical role of victim advocates is to ensure that crime victims’ rights are enforced as
specified under state and federal laws. Effective victim advocacy requires that victim
advocates have a strong working knowledge of victims’ rights laws and how they should
be implemented, as well as a strong familiarity with victims’ rights enforcement
mechanisms. Victim advocates can do the following:
Maintain copies of all laws pertaining to crime victims’ rights in their respective state
or jurisdiction.
Update the laws yearly, adding any new amendments to existing victims’ rights laws
or new laws enacted.
Check to see if the state VOCA administrator, Attorney General’s Office, Governor’s
Office, state Victims’ Rights Coalition, or other entity has compiled a list of the
laws pertaining to victims’ rights. Many states now offer compilations of victims’
rights laws either online or in printed directories.
Become familiar with advances in case law on behalf of victims by visiting the
National Crime Victim Law Institute website (www.ncvli.org) and other
resources.
Identify whether your state has any of the major enforcement mechanisms or
advocates, such as, an Ombudsperson’s Office, a Statewide Coordinating or
Review Committee, a Legal Advocacy Office for Victims, or a Legal Clinic, etc.
If your state does not have a viable enforcement mechanism in place, advocate for
one!
It is important for victim advocates to read the actual victims’ rights laws rather than rely
on others to explain the rights. Once an advocate develops a working knowledge of
victims’ rights laws, then a trusted prosecutor, judge, or other legal professional can help
the advocate understand the nuances of the law.
Advocates also need to determine whether the law specifies timeframes for
implementation of certain rights, such as timely notification, and to have a working
knowledge of the justice agency responsible for implementing the right. Some state laws
do not specify who should be responsible for implementing the right. In this case,
advocates should find out what agency (or agencies) in their state or community is taking
on the responsibility of implementing the right.
Cross-training among justice agencies about crime victims’ rights is critical. Victim
advocates can organize and support such training for justice professionals in their
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communities to ensure that those responsible for providing victims’ rights are familiar
with and well trained on the law, as well as any recent legal changes.
Finally, victim advocates should determine whether a statewide agency or office has been
established to serve as an ombudsman for the implementation and enforcement of
victims’ rights. It is important for advocates to get to know this agency and how its staff
can assist advocates in ensuring that crime victims receive their rights.
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References
Miller, T., M.A. Cohen, and B. Wiersema. January 1996. Victim Costs and
Consequences: A New Look. Washington, DC: National Institute of Justice, U.S.
Department of Justice.
National Association of Crime Victim Compensation Boards. May 30, 2001. FAQ:
Benefits. Retrieved May 2, 2005. from www.nacvcb.org/faq/3.html.
National Center for Victims of Crime. n.d. Retrieved September 4, 2007, from
www.ncvc.org.
Office for Victims of Crime. May 1998. New Directions from the Field: Victims’ Rights
and Services for the 21st Century. Washington, DC: Author.
Right to Protection from Unreasonable Harm: (See, for example, Alaska Stat.
§12.61.010, Hawaii Rev. Stat. §801D-4, Mississippi Code Ann. §99-36-5, Missouri Rev.
Stat. §595.209, Nebraska Rev. Stat. §81-1848, New Hampshire Rev. Stat. Ann. §21-M:8k, New Jersey Rev. Stat. §52:4B-36, Oklahoma Stat. tit. 19§215.33, South Dakota
Codified Laws §23A-28C-1, Tennessee Code Ann. §40-38-102, Washington Rev. Code
§7.69.030, Wisconsin Stat. §950.05.) An additional eight states have granted this right via
a constitutional amendment. (See Alaska Const. Art. 1, §24; Illinois Const. Art. 1, §8.1;
Michigan Const. Art. I, §24; Missouri Const. Art. 1, §32; New Mexico Const. Art. II,
§24; Ohio Const. Art. 1, §10a; Texas Const. Art. I, §30; Wisconsin Const. Art. I, §9m).
Seymour, A. 1999. Promising Practices and Strategies for Victim Services in
Corrections. Washington, DC: Office for Victims of Crime and National Center for
Victims of Crime.
Seymour, A. 2002. Victim Impact Statement Resource Guide. Washington, DC: Justice
Solutions.
Seymour, A., and D. Beatty. In press. Judicial Education Project Curriculum.
Washington, DC: Justice Solutions et al. and Office for Victims of Crime, U.S.
Department of Justice.
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Appendix A
Victims’ Statutory Rights to Notice:
Rights, Hearings, and Events*
*Updated June 1, 2005, by Justice Solutions, Washington, DC.
Notification of Rights

Right to compensation.

Right to restitution.

Right to notice of events and proceedings.

Right to attend proceedings.

Right to be heard at proceedings.

Right to consult with prosecutor.

Right to protection from offender.

Right to information on how to request or exercise the above rights.

Right to information on how to obtain information about case status.

Right to the name and telephone number of a contact person in the system.

Right to referrals to victim assistance.

Right to an explanation of the legal process and/or court proceedings.
Notification of Hearings

Bail hearings.

Bail review/modification hearings.

Grand jury hearings.

Other pretrial hearings.

Hearings on acceptance of diversion.

Hearings on acceptance of a plea bargain.

Trials.

Sentencing.

Postsentencing hearings.

Restitution hearings.

Appellate proceedings.

Probation revocation hearings.
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
Probation modification hearings.

Temporary release hearings.

Parole hearings.

Parole revocation hearings.

Parole modification hearings.

Pardon/commutation proceedings.

Hearings on defendant’s competency to stand trial.

Hearings on defendant’s release from mental institution.

Cancelled or rescheduled hearings.

Execution (in capital cases).
Right to Notice of Events

Arrest of the offender.

Bail or other pretrial release of offender, and conditions of release.

Indictment.

Dismissal of charges.

Dropping of case.

Plea negotiations.

Plea bargain.

Outcome of trial.

Sentence of offender.

Appellate request (by offender or by the state) for convicted offender’s DNA testing.

Filing of an appeal.

Outcome of appeal.

Location of incarcerated offender.

Earliest possible release date for incarcerated offender.

Probation of offender.

Probation revocation/reinstatement of suspended sentence.

When offender is in “out to court” status.

Transfer of offender from corrections to another jurisdiction (e.g., mental institution, INS custody,
etc.).

Furlough.

Work release.

Transfer from one prison facility to another.

Change of security status.

Parole.
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
Parole revocation.

Pardon/commutation of sentence.

Escape.

Recapture.

Death of offender.

Execution of offender (in capital cases).

Offender’s release from mental institution.

Clemency.

Commutation.
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Appendix B
Sample Victim Notification Letter
Criminal justice agencies can develop “merge letters” for every possible point of
notification to victims. While the technical process of developing automated letters is
quite simple, the development of victim-sensitive language is more challenging. This
letter, which was developed for the publication Promising Practices and Strategies for
Victim Services in Corrections (Seymour, 1999), has been adapted to reflect court- and
probation-related notification.
Dear Mr./Ms. [name]:
Thank you for registering for victim notification services from the [name
of agency]. I am very sorry that you were victimized, and I assure you that
my agency and staff will do everything we can to assist you.
You will receive notice of [list types of notice that the victim is eligible for
here]. OR This letter is to inform you of the [type of hearing] related to
your case, which is scheduled for [day, date, time, location, and any other
relevant information about victim participation]. OR This letter is to
inform you of the status of the defendant/convicted offender, who is
[information about status and location].
It is important that you notify our agency of any change in your address,
telephone number, e-mail address, or other relevant contact information,
so that we can notify you in an efficient manner. I have enclosed a card
with our department’s address, as well as our telephone number for our
Victim Assistance Program.
If our agency can provide you with additional information, answer any
questions, or offer referrals to victim services in our community, please
contact [name], [title] in our Victim Services Program at [telephone
number].
I appreciate your consideration of this information, and I hope we can
continue to meet your needs as much as possible.
Sincerely,
[name]
[title]
Enclosure: Informational Card
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Appendix C
Victims’ Right To Be Present and Attend Hearings
Victims may have the right to be present for the following proceedings:

Bail hearings.

Bail review/modification hearings.

Grand jury hearings.

Other pretrial hearings.

Hearings on acceptance of diversion.

Hearings on acceptance of a plea bargain.

Trials.

Sentencing.

Postsentencing hearings.

Appellate proceedings.

Probation revocation hearings.

Probation modification hearings.

Temporary release hearings.

Parole hearings.

Parole revocation hearings.

Parole modification hearings.

Clemency/pardon/commutation proceedings.

Hearings on defendant’s release from mental institution.

Cancelled or rescheduled hearings.

Execution (in capital cases).
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Appendix D
Documenting Losses for Victim Restitution
The information in this appendix is excerpted from the chapter “Victim Restitution” in
Promising Practices and Strategies for Victim Services in Corrections (Seymour, 1999,
p. 355-372).
To ensure accurate and complete restitution orders, victims are required to document
their losses in writing for the court or paroling authority. It is important to provide
victims with guidelines about the types of documentation that are needed to depict their
out-of-pocket and projected future expenses.
Some considerations for guidelines that should be provided in writing to victims include,
but are not limited to the following:

Employer statements (letters or affidavits) that document unpaid time off from work
the victim took as a result of injuries from the crime, or involvement in justice
processes.

Documentation of any workers’ compensation claims submitted and/or claims
payments received by the victim.

Copies of bills for services directly related to victims’ financial recovery from the
crime.

Any receipts for items or services.

Documentation that estimates the value of stolen property.

Photos of valuables that were stolen.

Copies of any documentation often provided by local law enforcement agencies
(records of serial numbers, photos, etc.) that is intended to aid victims in the recovery
of stolen property.

Any law enforcement records that indicate the status of stolen property (property
recovered, recovered but damaged, etc.).

Copies of victims’ applications to and/or copies of checks received from the state
victim compensation fund.

Copies of insurance claims and related correspondence between the victim and
his/her insurance company, as well as copies of checks the victim may have received
to cover losses.
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Immediate Losses
During the pre-sentence investigation, victims should be asked to report information
about their losses by completing or updating a financial worksheet and providing
documentation as described above.
The range of these losses can include the following:
Medical Care

Emergency transportation to the hospital.

Rape kit examinations that are not immediately paid by a third party.

All expenses related to the hospital stay, including the room, laboratory tests,
medications, x-rays, HIV testing in cases involving the exchange of bodily fluids, and
medical supplies.

Expenses for care provided by physicians—both inpatient and outpatient—
medication, and medical supplies.

Fees for physical or occupational therapy.

Replacement of eyeglasses, hearing aids, or other sensory aid items damaged,
destroyed, or stolen from the victim.

Rental and related costs for equipment used for victims’ physical restoration, such as
wheelchairs, wheelchair ramps, special beds, crutches, etc.
Mental Health Services

Fees for counseling or therapy for the victim and his/her family members.

Any costs incurred as a result of the victim’s participation in support or therapy
groups.

Expenses for medications that doctors may prescribe for victims to help ease their
trauma following a crime.
Funeral Expenses

Costs associated with burials, caskets, cemetery plots, memorial services, etc.

Expenses for travel to plan and/or attend funerals.
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Time Off From Work

To repair damage following property crimes.

To attend or participate in court or parole proceedings.

To attend doctors’ appointments for injuries or mental health needs directly resulting
from the crime.
Other Expenses

Crime scene cleanup.

Costs of replacing locks, changing security devices, etc.

Expenses related to child or elder care when victims have to testify in court.

Relocation expenses.

Fees incurred in changing banking or credit card accounts.
Projected Expenses
Victimization often results in injuries or losses that are long-term in nature. While it is
not possible to accurately document such projected expenses, it is possible to document
expert opinions as to future financial obligations the victim might incur as a direct result
of the crime.
Victims should be advised to seek documentation (a letter or affidavit) from professionals
who are providing them with medical or mental health services that offers an estimate of
the victims’ future treatment needs, as well as related expenses. Such costs can include:

Long-term medical treatment.

Physical or occupational rehabilitation or therapy.

Mental health counseling or therapy.

Time that must be taken off from work to receive any of the above services.
The justice professional responsible for assessing victims’ restitution needs should
provide this documentation to the court or paroling authority.
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Appendix E
Sample Conditions of Offender Community Supervision
Relevant to Crime Victims
The information in this appendix is adapted from Sample Conditions of Offender
Community Supervision Relevant to Crime Victims (Seymour, 1998).
The agency involved must release information relevant to conditions of supervision
and/or violations of such conditions to the victim, upon request from the victim. The
agency must also notify the victim of any hearing related to the violation by the offender
of the conditions of supervision.
The following conditions that apply to the offender can be adapted for bail release, preadjudication, diversion, or incarceration:

Obey all laws.

Obey all conditions of supervision, such as no-contact orders.

Possess no weapons.

Seek or maintain employment (i.e., so that fines, fees, orders of restitution, and child
support can be paid).

Upon request from the victim, have no contact with the victim, his or her family, and
others designated by the victim (for a specified period of time, or permanently) in
person, by telephone, fax or e-mail, or through a third party.

Upon request from the victim, submit to geographical restrictions that preclude living
or working within a designated distance from the victim’s home or place of
employment.

Agree that offender status and progress information can be shared for the purposes of
case management by (supervising officer/treatment provider(s)/ victim
advocate/others).

Obey restrictions on movement and location (specifically those that involve contact
with potentially vulnerable populations, such as children [at home, schools or day
care centers], elderly persons, or persons with disabilities).

Participate in any offense-specific treatment program deemed appropriate by the
supervising agency, with victim input (i.e., substance abuse treatment, sex offender
treatment, etc.)

Participate in victim/offender programming that reinforces offender accountability,
such as victim impact panels or victim awareness classes.
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
Make full restitution to the victim(s), with the ability to travel out-of-state or end
community supervision dependent upon full payment.

If there is no restitution order, be provided with the opportunity to make voluntary
restitution to the victim(s) or a victim assistance program designated by the victim.

Pay fines and fees that support victim assistance programs, including victim
compensation.

Submit to warrantless search and seizure.

Use no alcohol and/or other drugs.

Submit to random alcohol and other drug tests.

Pay for the cost of urinalysis.

Submit to polygraphs.

Perform restorative community service as recommended by the victim or victim
surrogate (such as a victim assistance agency).

Attend education or awareness programs, such as alcohol/drunk driving education,
victim impact panels, or victim awareness classes.

Submit to electronic monitoring.

Submit to intensive supervision.

In cases involving drunk driving, submit to restrictions on ability to drive, and/or
agreement to have an alcohol ignition interlock device placed on their vehicles that
detects alcohol use, and prevents the offender from driving if he or she has been
drinking.

In cases involving sex offenders and/or computer crimes, have no access to
computers or the Internet.
Additional Conditions for Inter-familial/Family Violence Cases

Commit no further abuse.

Pay child support and restitution.

Pay attorney fees for victims.

Abide by all court restrictions and directives.

Abide by supervised child visitation and/or public drop-off/pick-up point.

Cooperate with child/adult protective services.

Release information to third parties, as appropriate. (American Probation and Parole
Association, 1996, p. 204)
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Appendix F
Victim Assistance Programs
The information in this appendix is excerpted from Judicial Education Project
Curriculum (Seymour and Beatty, in press). There are over 10,000 victim assistance
programs in the United States today. These include:

Community-based victim assistance programs that serve a variety of crime victims,
including victims who report crimes and go through the justice system, as well as
those who do not. Examples include:
 Rape crisis centers and sexual assault awareness programs.
 Programs and shelters for battered women and their children.
 Homicide support groups (such as Parents of Murdered Children chapters).
 Drunk driving victim assistance programs (such as Mothers Against Drunk
Driving [MADD] or Remove Intoxicated Drivers [RID] chapters).
 Children’s Advocacy Centers that provide multidisciplinary services to victims
of child abuse and neglect.
 Court-Appointed Special Advocate (CASA) programs that advocate for abused
and neglected children.
 Elder protection programs that assist victims of elder abuse and neglect.
 Faith-based victim assistance programs, which are increasing in both number
and scope of services, and which help victims of different faiths cope with the
spiritual impact of crime and provide other support and assistance.

System-based victim assistance programs that operate within the context of the
criminal or juvenile justice system; or state agencies that oversee victim assistance
programs, help victims understand and exercise their rights, and offer referrals to
other victim assistance services. Examples include:
 Victim assistance programs in law enforcement, prosecutors’ offices, courts,
probation, parole, institutional corrections, and Attorneys General offices.
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 State victim compensation programs.
 State VOCA assistance administrators, who oversee victim assistance funding
authorized by the Victims of Crime Act of 1984 (VOCA) through fines, fees,
and forfeitures collected from convicted federal offenders by the Crime Victims
Fund, which is administered by the Office for Victims of Crime within the
Office of Justice Programs, U.S. Department of Justice.

State coalitions and associations that advocate for local victim-specific programs and
issues. Examples include:
 General victim assistance coalitions, which involve all types of crime victims
and those who serve them.
 Sexual assault coalitions.
 Domestic violence coalitions.
 State offices of Mothers Against Drunk Driving.
 State associations of victim/witness professionals.
 State offices of Adult Protective Services.
 State offices of Child Protective Services.

National associations and coalitions that address a wide range of crime victim
assistance issues, many of which sponsor national toll-free information and referral
telephone lines, as well as comprehensive Web sites for victim assistance,
information, and referrals.

Federal agencies whose primary or collateral role is assisting crime victims (such as
the Office for Victims of Crime and Office on Violence Against Women within the
U.S. Department of Justice and allied federal agencies at the Departments of Health
and Human Services, Transportation, and State, etc.).
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Appendix G
Crime Victim Services
The information in this appendix is excerpted from Judicial Education Project
Curriculum (Seymour and Beatty, in press).
Community- and system-based victim assistance programs can offer a range of
supportive services for crime victims that address their most basic, immediate needs;
their needs related to coping with the short- and long-term effects of crime; and their
need for information about their constitutional and statutory rights as victims of crime.
VICTIMS’ BASIC NEEDS
Sometimes, the effects of being victimized can impact victims’ quality of life, their
capacity to cope with basic issues related to their daily activities, and their ability or
willingness to participate in criminal or juvenile justice processes. In many communities,
victim assistance programs help victims identify and address such basic needs, which
include:

Housing (both emergency/temporary shelter, long-term housing, and possible
relocation if there are any concerns about the victim’s safety and security).

Transportation (personal automobile or access to and payment for public
transportation).

Food and clothing for victims and their families (to help ensure their health and basic
welfare).

Employment and/or job training (to help promote a basic quality of life).

Assistance with basic issues relevant to children (such as school, child care, medical
or dental needs, safety and security issues, etc.).
VICTIM ASSISTANCE SERVICES
There are a number of services that can provide victims with information, options, and
support to cope with the effects of being victimized:
Crisis Intervention: Services provided in-person, over the telephone, or via the Internet
that help victims cope with the immediate mental health effects of victimization, assess
their most essential needs, and provide services such as counseling, mental health
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support, and help to address sustenance issues.
Needs Assessment: Services to identify the victim’s most essential needs and attempt to
meet them.
Emergency Financial Assistance: Funds that are available in some communities to
provide emergency cash awards to victims who are in dire financial straits or who need
help to address basic survival concerns (such as health, housing, clothing, food, and
transportation).
Home Safety Checks: A service that is usually offered by law enforcement agencies or
bonded volunteers to improve the security of a victim’s home, either by making
recommendations or actually providing physical improvements and reinforcements (such
as new locks, security systems, lighting, and landscape design).
Safety Planning: An advocacy and support service to help victims identify concerns and
issues related to their personal security and the safety of their family; protective measures
that can enhance their personal safety; and contingency plans to cope with emergency
situations.
Advocacy or Intervention with Employers: A service provided to victims who, because
of their need for medical or mental health treatment, personal safety, help in addressing
sustenance issues, or participation as a witness in criminal justice proceedings, may
require intervention with their employers (over the telephone, in writing, or in person) to
take time off from work without being penalized or possibly losing their jobs.
Development or Enhancement of the Victim’s Social Support System: A service to
help victims identify people who can provide them with immediate, short-term, and longterm support, which may include family members, friends, neighbors, co-workers, faith
community members, victim assistance professionals, or others.
Physical Health and Medical Issues: Services provided to victims that address their
immediate-, short-, and long-term physical health needs, and may include transportation
to medical facilities; emergency room care; rape kit examinations; HIV testing in cases
involving the exchange of bodily fluids; physician care and medical treatment; provision
of medication, medical supplies, or assistive devices (such as wheelchairs, crutches,
hearing aids, or eyeglasses); and/or physical or occupational rehabilitation or therapy.
Mental Health Counseling: Services that include crisis intervention; a mental health
needs assessment; individual counseling; family counseling; counseling for alcohol or
other drug addictions; and provision of prescription medication to address the mental
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health needs of victims and their families.
Victim Support Groups: Programs that provide peer support through victims reaching
out to other victims, regularly scheduled victim support group meetings, and advocacy
throughout criminal or juvenile justice processes.
Legal Advocacy and Services: Programs that are available on a pro-bono or fee basis
that help victims understand and access their legal rights under the law.
Referrals for Social Services: Providing victims with information about additional
services that are not victim-specific, such as housing, food banks, transportation,
employment, and family support; as well as services that are available in adjunct
government systems, such as Child Protective Services, Adult Protective Services,
disability services, education systems, etc.
Information Regarding What To Do in Case of Emergency: Providing victims with
vital information about “911” emergency services, crisis hotlines, and other resources
that can provide crisis responses to their immediate needs.
Information about Victims’ Rights: Crime victims have many rights established by
statutes and state-level victims’ rights constitutional amendments. These rights are
relevant from the time the crime occurs through the court processes and, in many cases,
appellate processes.
Information about victims’ rights is generally provided by most criminal and juvenile
justice and victim assistance programs, and includes:

Information about their rights under the law as victims of crime.

Information about and assistance with filing a victim compensation claim in cases
involving violent crime.

Orientation to the criminal or juvenile justice process to help them understand what is
happening, their basic rights, and any role they may have in justice proceedings.

Information about their right to protection.

Information about their right to attend and participate in key justice proceedings.

Information about and assistance with completing a pre-sentence investigation
interview—referred to as “pre-adjudication interview” within the juvenile justice
system—which is usually conducted by a probation officer prior to sentencing or
adjudication to enable the judge to learn more about the defendant, and the impact of
the crime on the victim.

Information about their right to submit a victim impact statement (VIS), either orally
or in writing.
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
Information about their right to restitution, and assistance with seeking and
documenting losses for restitution orders from the court.

Information about their right to other legal/financial obligations from the convicted
offender, such as child support, payment of health insurance, etc.

Notification of the outcome of criminal or juvenile justice proceedings.

For cases involving incarceration or detention: Notification of the location
of the offender while he or she is incarcerated, and any movement (including
release or escape).

For cases involving community supervision: Information about victims’ right
to give input into conditions of community supervision; their right to
protection (including assistance with obtaining protective orders); their right
to financial/legal obligations owed by the offender (such as child support,
restitution, payment of house mortgages or rent, etc.); their right to be notified
of any violations, to give input into any violation hearings, and to be notified
of the outcome of any violation hearings; and their right to receive contact
information for the agency/professional who will be supervising the offender.

For cases involving criminal appeals: Information about victims’ rights and
relevant roles throughout the appeals process (usually provided by the
prosecutor’s office that tried the case, or the state office of the Attorney
General).
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CHAPTER 3 Victims’ Rights Laws in the United
States
Special Topics Supplement: Tennessee Crime
Victims’ Compensation
Learning Objectives
Upon completion of this section, students will understand the following concepts:

The importance of financial assistance to crime victims.

Role of professionals in accessing victim compensation.

Basic eligibility requirements in Tennessee.

Standard Procedures.
Introduction
It is well known that victims of violent crime suffer physical injury and emotional
trauma. What may be less recognized is that many victims also face serious financial
setbacks as they struggle to pay for the costs of recovery. For some victims the most
important victim assistance they can receive is help in paying for medical care,
counseling, and lost income in the aftermath of crime.
Tennessee has a crime victim compensation program that can provide substantial
financial assistance to crime victims and their families. The Tennessee legislature passed
the Criminal Injury Compensation Act in 1976, and the first awards were paid out in
1978. Victim compensation programs serve as the primary means of financial aid for
thousands of crime victims each year. And while no amount of money can erase the
trauma and grief that victims suffer, this aid can be crucial in the recovery process. By
paying for care that restores victims' physical and mental health, and by replacing lost
income for victims who cannot work or for families who lose a breadwinner,
compensation programs are helping victims regain their lives and their financial stability.
Victims of nearly every type of crime of violence or abuse, including rape, assault, child
sexual abuse, domestic violence, and drunk driving, are eligible to apply for financial
help. Family members of homicide victims also are eligible for benefits. About a third of
all the victims currently helped by compensation programs are children, most of whom
are victims of sexual abuse.
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VICTIMS OF CRIME ACT
With the enactment of the Victims of Crime Act of 1984 (VOCA), state compensation
programs became eligible for federal funds to supplement state funding for awards to
victims. Through annual VOCA grants, federal funds provide 20 to 25 percent of each
state's annual budget.
VOCA stipulates that a state may receive an annual federal grant totaling 60% of the
amount the state awards to victims. In other words, if a state spends $1 million of its own
money in awards to victims in a particular year, the federal government will give it an
additional $600,000 to spend. This results in a 72% to 28% split in state-federal dollars
spent each year (i.e., of every $1.4 million awarded to victims by a state, $1 million will
be from state funds, and $400,000 will be from federal funds). States bear nearly all of
the administrative costs of operating the program, since at least 95% of the federal money
must be awarded to victims, and only the remaining 5% can be used by the state for
administrative purposes.
To qualify for federal funding, each state must meet the following VOCA requirements
(every state currently meets them):

Cover medical expenses, mental health counseling, and lost wages, as well as
funeral expenses and lost support for families of homicide victims.

Consider drunk driving and domestic violence as compensable crimes.

Not categorically exclude domestic violence victims on the basis of their being
related to or living with the offender. (Programs may deny claims when an award
to the victim would "unjustly enrich" the offender.)

Cover all U.S. citizens victimized within its borders, regardless of the victim's
state of residency.

Cover victims of crimes within the state that fall under federal jurisdiction. This
would include victims of crimes on Indian reservations, military installations,
national parks, or other federal lands. (There is no federal or national
compensation program that would otherwise cover victims of federal crimes;
therefore victims are dependent on the states for this coverage.)
The Role of Police and Victim Services
Professionals who work with victims have a crucial role to play in the process of seeking
compensation. Compensation programs depend almost entirely on people working in law
enforcement and victim services to let victims know that the programs exist.
Compensation programs themselves, with limited staffs devoted mainly to claims
processing, simply are not designed to handle initial contacts with individual victims.
Compensation programs focus their efforts on providing training and information to
victim assistants and police who are in the best position to tell victims about
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compensation opportunities. While programs also distribute brochures, posters, and
public service announcements, the best way for a victim to hear about compensation is
when she or he is actually facing issues relating to the costs of crime.
For many crime victims, missing the compensation application filing deadline is one of
the most painful "second injuries" in the aftermath of victimization. Unfortunately, when
this happens, it is almost always due to a failure on the part of a police officer or victim
assistant to tell the victim about compensation opportunities. Every person who works in
law enforcement and victim services has a professional responsibility to ensure that
victims do not miss out on their opportunity to apply. To ensure that this responsibility is
met, training about compensation should be an integral part of the program plan of every
victim service organization, police department, and prosecutor's office. A wealth of
material is available from each state program, including brochures, applications, and
information cards, that can help in this effort. Compensation programs welcome the
opportunity to meet with individuals and groups, and usually will make staff members
available to speak at conferences and meetings.
What specifically can the victim service professional do to make sure that victims get
every chance they can to access financial help? Here are some ideas:






Ask the victim about financial losses. Does the victim have medical bills not
covered by insurance? Does the victim need help in paying for counseling? Did
the victim miss time at work? Remember that financial injury can be just as
important to address as the victim's emotional needs.
Tell the victim about compensation. Let him know that there is help. Provide a
phone number. Don't assume that someone else has provided this information.
Even if the victim has been told before, she may not have retained the information
in the initial crisis stage after the victimization. Repeat the information and
emphasize the filing deadline to be sure the victim understands.
Help the victim apply for benefits. Give the victim an application and help with its
completion. Assist the victim in gathering necessary documentation, such as bills
and insurance records. Make sure it is filed in a timely manner.
Follow up with the program. If a question arises in completing the application,
call the compensation program to get advice. Once the application is submitted,
follow up as necessary to see if you can provide any further help. Sometimes a
victim's application is delayed because the program needs more information and
can't get the victim to respond. Volunteer to be a go-between.
Follow up with the victim. Are there additional expenses that have come up since
the application was submitted? Would it help to call a creditor to let them know
that a compensation application is in process? Does the victim need help in
responding to a request for more information? Keep in touch with the victim
throughout the process to see how you can help.
Be patient. Understand that the compensation program is processing hundreds or
thousands of applications and may not be able to concentrate fully and
immediately on each individual claim it receives. While many important expenses
can be covered, the program may not be able to cover all financial needs. Your
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assistance can go a long way toward shortening the process, and it can also help
the victim with the difficult task of waiting for help as the application is reviewed.
Compensation Program Location and Size
Compensation programs are administered by state governments under state law. About a
third of the programs are located in departments of public safety or criminal justice
planning agencies, and a fifth are in offices of attorneys general. Arizona and Colorado
are unique in operating compensation programs through local prosecutors' offices, under
state law and coordination. Tennessee’s program originally was court-based, but is now
administered by the State Treasury Department, Division of Claims Administration.
Staff sizes tend to be quite small, with thirty-six states operating with fewer than ten
people. Only a few states operate with more than twenty employees, California being the
largest with over 400 workers. Tennessee’s program is administered by 5 full time
equivalent staff members, with appeals heard by 3 commissioners appointed by the
Governor. Tennessee’s program receives approximately 2,600 claims annually.
Annual payouts also vary, mostly according to the size of the state. California leads the
nation with about $75 million awarded to victims each year, and Texas is next with about
$30 million in annual payouts. Nine of the smallest states pay out less than one-half
million dollars each year. Tennessee paid approximately $12.7 million in claims last year.
The state compensation programs are represented by the National Association of Crime
Victim Compensation Boards (NACVCB), which promotes an exchange of information
and ideas through a network of compensation programs around the country and by
various training and technical assistance activities. The NACVCB, which was founded in
1977, provides a strong national voice on all matters affecting state compensation
programs before Congress and the Office for Victims of Crime.
Funding of Compensation Programs
State compensation programs receive funding from a variety of sources. However, the
large majority of programs get their funds either entirely or primarily from the offenders
themselves. Typically, a state will require that any individual convicted of a misdemeanor
or felony pay a relatively small fee (usually between $10 and $50) into the crime victim
compensation fund. These small assessments build a substantial fund that is then used to
make awards to individual victims. Less than a dozen states depend on legislative
appropriations to make awards to victims.
Some programs are gaining substantial amounts of additional revenue by recovering
money owed to victims through restitution and civil suit judgments. Programs require
that when a victim is paid by the program, amounts recovered from the offender through
court-ordered criminal restitution or amounts awarded in civil suits be returned to the
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program if those amounts cover expenses already paid for by the program. Some state
compensation programs are making special efforts to work with prosecutors, judges,
corrections, and probation officials to ensure that restitution is ordered and collected.
However, recovery of this nature is a minor source of total program income.
Eligibility Requirements in Tennessee






The victim has been a victim of a crime and suffered a personal injury.
A person was injured trying to stop a crime.
A person was injured trying to catch a criminal that he/she saw commit a felony.
Felonies are serious crimes. If the person doesn’t know if the crime was a felony,
it is advised to ask the District Attorney General or police.
Dependents. A dependent may apply if he/she is a dependent of a victim who died
as the result of an eligible crime. A dependent is a “relative” who relies on
another person for money or support. Children may be dependents of their
parents. Sometimes a husband or wife is a dependent of his or her spouse.
Legal Representative. A person may apply if he/she is a legal representative who
helps with a victim’s estate. For example, if a person paid funeral and burial
expenses of a victim of crime, he/she may apply.
A “relative” of a deceased victim may apply for grief counseling. Counseling
may also be available for a minor (under 18) who witnesses a crime of domestic
abuse against their parent or for a sibling or non-offending custodial parent of a
minor (child) victim who is sexually abused.
Conditions for Eligibility
In order for a victim to receive Criminal Injury Compensation, he or she must meet the
following conditions.



The victim (or the victim's survivors) must report the crime to the proper
authorities within 48 hours after the crime was committed, unless the victim was a
minor, or unless good cause can be shown for reporting the crime late.
The victim must fully cooperate with law enforcement officials in their
investigation and prosecution.
A written claim for benefits must be filed within one year after the date of the
criminal act, unless good cause can be established for not doing so.
Telling victims about compensation is the professional obligation of everyone who works
in victim assistance and law enforcement. Indeed, providing information to victims about
compensation is a mandated responsibility of all victim service programs that receive
federal funds through VOCA. And law enforcement officers increasingly are being
required by state constitutional amendments to provide information about compensation
and other services.
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Training about compensation should be an integral part of the program plan of every
victim service organization, police department, and prosecutor's office. A wealth of
material is available from each state program, including applications and brochures, and
compensation programs welcome the opportunity to talk with and train professionals in
victim services and law enforcement (Tennessee Treasurer’s Office, 2005).
WHO IS NOT ELIGIBLE FOR BENEFITS?
A person may not be eligible for benefits under the following circumstances.


The individual did not assist the appropriate authorities in the investigations and
prosecution of crimes.
The individual contributed to his or her own victimization in any way, such as
participating in the criminal act which led to the injury or death.
An award may not be approved in cases where the compensation would benefit the
person who committed the crime for which compensation is sought (Tennessee
Treasurer’s Office, 2005).
Compensation Benefits in Tennessee
Benefits may vary depending on the date of the crime. The overall maximum benefit
currently available under the Criminal Injury Compensation Program is $30,000.
Benefits are reduced by the amount of any other public or private benefits available,
including but not limited to, insurance, workers' compensation benefits, or medical,
health or disability benefits which may be available to the victim. Payment by the
program is secondary to such other insurance or benefits, regardless of any contract or
coverage provision to the contrary, as this is a fund of last resort.
For an extensive review of the statutory law of victim compensation in Tennessee please
refer to T.C.A. 9-4-205, 29-13-101 et seq., 40-38-109.
Compensation for Medical or Mental Health Expenses
All reasonable medical expenses arising from a covered injury are reimbursable
under the program, up to the maximum award available. Mental health counseling
may be available for a victim and, in certain circumstances, for certain relatives of
a victim as provided for under program provisions.
Compensation for Temporary Total Disability
Victims whose injuries temporarily prevent them from working are eligible to
receive compensation for wages lost due to the injury. Reimbursement for lost
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wages is determined in accordance with the criminal injury law. To be eligible for
compensation, victims must be employed immediately prior to the injury. The
level of compensation varies according to the victim's salary at the time of the
injury and the percentage allowable under the criminal injury law.
Death Benefits
Benefits are available to the dependents of a deceased victim, subject to the
maximum amounts available under the program. These awards may include up to
$6,000 in reimbursement for funeral and burial expenses and $3,000 in crime
scene cleanup expenses, subject to the overall maximum award amount. Mental
health counseling expenses may be reimbursable up to $3,500 for relatives of the
deceased victim of an eligible crime (as defined in criminal injury law), also
subject to the overall award amount.
Compensation for Permanent Partial or Total Disability
The program permits compensation to the victim for permanent total or
permanent partial disabilities which result from injuries incurred as the result of a
crime. Payment for such disabilities are made in accordance with the criminal
injury law and are based on the victim's weekly wage at the time of the injury and
other provisions in the law.
Compensation for Pain and Suffering
Persons who are victims of sexually-oriented crimes may be eligible for up to
$3,000, if it is determined that the victim experienced pain and suffering as a
result of commission of the crime. Tennessee is one of only 2 state programs that
provide this benefit.
Compensation for Crime Scene Cleanup
Reimbursement may be considered for expenses incurred to clean a residential
homicide, sexual assault or aggravated assault crime scene, provided that the
cleaning is necessitated by the crime (or processing of the crime scene) and that
the residence is that of the victim or a relative (as defined by criminal injury
compensation law). Compensation may be available up to $3,000, subject to the
overall maximum award amount.
Compensation for Property Loss or Damage
Reasonable costs may be considered for cleaning, repairing or replacing
eyeglasses and hearing aids owned by a victim that were damaged or destroyed by
the crime or processing of the crime scene. In addition, reasonable costs may be
considered for repairing or replacing personal property owned by the victim or
relative of the victim (as defined by statute) that was damaged or destroyed in
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processing the scene of a homicide, sexual assault or aggravated assault if the
scene was the residence of the victim or the relative of the victim who owned the
property. Otherwise, expenses related to the loss of or damage to any other
property are not eligible for reimbursement except in situations where the eligible
crime involves loss of or damage to "dental devices," "medically related devices"
or "artificial prosthetic devices."
Compensation for Moving Expenses
A victim's reasonable moving expenses, storage fees, and utility transfer fees
when a crime occurs in the victim's primary residence may be eligible for
reimbursement.
Compensation for Travel to Trial
A claimant's reasonable travel expenses to attend the trial, appellate, post
conviction or habeas corpus proceedings of the alleged defendant(s) who
committed the crime upon which the claim is based, may be eligible for
reimbursement. For these purposes, a claimant may be a victim, guardian of a
minor victim, legal representative of an estate (not an attorney who serves as such
for a fee), or relative as defined by criminal injury law. No claimant may receive
an award if he/she is otherwise eligible for payment of travel expenses by the state
or a county as a result of attending the trial as a witness. Travel may not exceed a
cumulative total of $1,250 for all claimants and no more than four (4) claimants
may receive reimbursement as a result of the "same criminal act."
Compensation for Other Losses
Losses or expenses actually incurred by the victim which are related to the crime but
which are not listed above may be approved for reimbursement if deemed appropriate by
the Division of Claims Administration.
After a claim for compensation is filed, a copy is forwarded to the appropriate district
attorney general who conducts an investigation of the circumstances surrounding the
crime. The Division of Claims Administration reviews the claim and may ask the
claimant/victim to provide additional information. Upon receipt of a completed claim
form and documentation from the claimant/victim, as well as receipt of the District
Attorney's investigation and recommendations, the Division of Claims Administration
determines if the claim is compensable and issues payment as allowed by statute.
If a minor child is eligible for compensation, the Division may pay the minor's funds to
the Juvenile Court to be deposited into an interest-bearing account until the child turns 18
years of age (Tennessee Treasurer’s Office, 2005).
EMERGENCY AWARDS
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The Division may make an emergency payment of up to $500 if a delay would cause an
individual undue hardship. (This is handled on a case by case basis and depends on the
victim’s circumstances.)
APPLICATION PROCEDURES
Victim or dependants of a homicide victim must file a claim with the Division of Claims
Administrator within one year after the crime happened or within one year after the
victim died. Claim forms are available from the District Attorney General offices and the
Division of Claims Administration. The form and the program information are available
in Spanish. The form, instructions, and questions and answers are also available online
from the State of Tennessee web site.
The applicant must fill out the application form and have it notarized. The form must be
mailed to the Tennessee Department of Treasury, Division of Claims Administration.
The address is on the form.
The form asks about the crime and the individual’s injuries. It also asks about the
individual’s expenses.
An individual must have written documentation of his/her expenses. Written
documentation means copies of bills from doctors, hospitals, drugstores, funeral homes
and itemized receipts for other needed services.
No award will be made unless the victim or claimant had a minimum out-of-pocket loss
of $100 or lost at least two weeks wages due to the injury. An individual’s employer
must provide written documentation of his/her lost wages.
The form asks the individual if any of his/her expenses were paid by medical insurance,
Medicaid, Medicare, workers compensation, Social Security, the Veterans Administration
or other sources. An individual must agree to subrogate the State of Tennessee if the
individual receives payments from this fund and from another source. Subrogate means
that if an individual receives a payment from this fund, he/she will pay back to the state
any money for expenses that he/she received from other sources.
The applicant must agree to cooperate with state officials if he/she sues the person who
hurt them. If an individual receives money from the fund and the individual decides to
sue the person who hurt him/her, that person must keep the District Attorney General and
the Division of Claims informed of the suit. An individual must send a copy of all court
documents to the District Attorney General and the Division of Claims.
An individual can fill out the form by on his/her own or get a lawyer to help him/her.
The fund will pay an attorney’s fee based on statutory provisions without subtracting it
from any benefit awarded the individual.
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What happens next? The Division of Claims will review an individual’s form and will
ask the District Attorney General to submit a report about the crime. The Division will
try to make a decision within 90 days. However, the decision may be delayed if a trial
concerning the criminal act is in progress or about to start. If this happens, the claim may
be transferred to the Claims Commission (Tennessee Treasurer’s Office, 2005).
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SEXUAL ASSAULT FORENSIC EXAM (SAFE) REIMBURSEMENT
Tennessee’s Criminal Injuries Compensation Fund can also provide payment for a sexual
assault forensic medical exam for collection of evidence. Pursuant to Tennessee Code
Annotated, Section 29-13-118, a victim of a sexual assault cannot be billed for charges
related to a sexual assault forensic medical examination. This applies for certain sexuallyoriented crimes occurring on or after July 1, 2007.
A medical facility, SANE program, child advocacy center, rape crisis center, or similar
provider that performs these specific forensic services should bill the Criminal Injuries
Compensation Fund directly. (This is unlike how claims for victims’ compensation are
handled.) This SAFE reimbursement does not positively or negatively impact a victim’s
compensation claim in any way.
For an eligible bill, a provider’s reimbursement is limited to $750.00 and the Fund's
payment must be considered payment in full. Payment for this kind of expense is
available regardless of whether the victim reports the crime or cooperates with law
enforcement. A form has been developed exclusively for filing these requests for
reimbursement. It contains all the necessary procedural information for a provider to file
and must be accompanied by an itemized bill for services rendered.
Promising Practices
COVERAGE OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT VICTIMS
A number of compensation programs are striving to provide benefits to more victims of
domestic violence and sexual assault by liberalizing rules, being more flexible in
interpreting requirements, and adding benefits to meet these victims' specific needs.
Requirements that victims report to police and cooperate in investigation and prosecution
of crimes can be problematic for many victims of domestic violence and sexual assault.
While nearly all programs still require some to report to law enforcement, a few
programs, such as New York and Idaho, may accept the victim's seeking of a temporary
restraining order as sufficient to meet the reporting requirement. A number of programs
also have become more flexible in waiving cooperation requirements if the victim's
health or safety may be jeopardized.
Programs also are searching for ways to meet more of the needs that victims of domestic
violence and sexual assault may have. Some can pay for moving expenses if the victim
needs to relocate. Some states now can cover child witnesses to domestic violence, even
when the child was not directly under any threat of violence. A few, like New Jersey,
Texas, Vermont, and Wyoming, can even replace income the victim received from the
offender if that economic support is no longer forthcoming. Alabama has instituted a
special process, independent of its regular application procedures, to pay for a number of
miscellaneous expenses that domestic violence victims may incur.
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FUND RECOVERY
Some compensation programs are working closely with prosecutors, judges, corrections
departments, and probation and parole officials to hold offenders accountable for
repaying to the program the amounts it awards to the victims of those offenders. These
programs make sure that prosecutors are informed about awards to victims, so that
restitution can be sought and ordered in those cases, and if possible, paid directly back to
the compensation program itself. Some programs follow up with various officials
responsible for enforcing restitution orders to monitor compliance and urge continuing
enforcement. Some compensation programs also monitor civil suits filed by victims
against offenders, and communicate with attorneys representing the victims to ensure that
any amounts recovered for expenses paid by the compensation program are returned to
the program. Alabama, California, and Iowa are examples of programs that are
particularly aggressive in recovering funds from offenders.
ADVISORY COMMITTEES
Recognizing the importance of working closely with victims and their representatives to
define and resolve issues, a number of compensation programs have established advisory
committees composed of various "constituent groups" to help in formulating policies and
improving procedures. Pennsylvania, for example, has representatives of domestic
violence and sexual assault victims as well as police and prosecutors on its broad-based
committee, which has examined the program's statute, rules, and procedures to help make
the program more responsive to victims. Advisory groups in Washington State and the
District of Columbia are other good examples. An advisory group in Ohio recently helped
the program revise its application to make it more user-friendly.
CRISIS RESPONSE
A number of compensation programs are working closely with disaster-preparedness
officials and victim service programs to ensure that they can be part of a coordinated
response to mass victimizations. School shootings in Arkansas and Oregon found
compensation programs directly involved in ensuring that victims and their families had
quick access to financial assistance. The Oklahoma compensation program has helped
numerous victims and families who have suffered financial losses resulting from the
bombing of the Murrah federal building in Oklahoma City.
TRAINING TO IMPROVE AWARENESS OF COMPENSATION BENEFITS
In an effort to increase awareness and knowledge about compensation benefits for
victims of crime, and to stimulate greater involvement of victim service professionals in
assisting victims to apply for compensation benefits, many state compensation programs
have initiated and developed trainings for this purpose. For example, Pennsylvania has
developed an extensive series of trainings called "connections" trainings, bringing
together victim advocates, police officers, prosecutors, and community leaders. These
regional training programs emphasize the need for collaboration among criminal justice
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system personnel and other allied victim service professionals in ensuring that victims'
needs for information and assistance in applying for compensation benefits are
comprehensively met.
Other states that have initiated such training include New Mexico, which offers both
basic and advanced training on compensation on a monthly basis, and Florida, which
requires all VOCA sub grantees to send personnel to a multi-day basic training that
includes several hours on crime victims' compensation.
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Adapted from the National Victim Assistance Academy Textbook, 2002; Chapter 5,
Section 3.
References
Office for Victims of Crime (OVC). 1997. Performance Reports, State Compensation
Program. Washington DC: U.S. Department of Justice.
National Association Of Crime Victims Compensation Boards (NACVCB). 1999.
Program Directory 1999. Alexandria, VA.
Additional References:
Tennessee Treasurer’s Office, 2005. http://www.treasury.state.tn.us/about.htm
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CHAPTER 4
NAVIGATING THE JUSTICE SYSTEMS: CRIMINAL,
FEDERAL, JUVENILE, MILITARY AND TRIBAL
Christine N. Edmunds, Anne K. Seymour, and Mario T. Gaboury8
In the United States, there are many “systems of
justice” that seek to redress the harm caused to
NVAA Module 4
crime victims and hold offenders accountable
Learning
Objectives
for their actions. These include the criminal,
federal, juvenile, military, and tribal justice
 Describe the seven phases of
systems. State-level criminal justice systems are
the criminal justice process.
the primary focus of this chapter, since the vast
 Identify at least two key victim
majority of cases are adjudicated within states
rights in each phase of the
through their respective criminal justice
criminal justice process.
systems. Some of the basic elements of and
 Describe at least two key
distinctions among these different justice
distinctions between federal,
systems will be explored, emphasizing the rights
juvenile, military, and tribal
justice systems.
for crime victims in each justice system. One
additional justice system that may provide some
redress for victims, but which is not discussed here as it is outside the criminal system, is
the civil justice system. Information about civil justice for victims may be obtained from
the Office for Victims of Crime (1998).
For crime victims, the criminal justice system can be extremely complex. Depending
upon the state in which they live, they may have a wide range of rights that define and
protect their interests as victims of crime. It is critical that victim advocates and crime
victims understand the criminal justice process and victims’ rights at each phase of the
process.
This chapter also describes the basic elements of four other key justice systems in the
United States: federal, juvenile, military, and tribal. Most of the core components of each
justice system directly relate to the basic phases of state criminal justice systems. The
legal language and the procedures are often different and may confuse victim advocates
and crime victims, but most often the core components remain the same. However, it is
important to emphasize that rights for crime victims vary greatly across these justice
systems.
8
The authors of this chapter are Christine N. Edmunds, Deerfield Beach, FL; Anne K. Seymour, Justice
Solutions, Washington, DC; and Mario T. Gaboury, Ph.D., JD, University of New Haven, CT.
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For example, the federal criminal justice system operates under a set of rights and
protections for victims of crime, dating back to the initial passage of the Federal Victim
and Witness Protection Act of 1982. These rights were recently underscored by the
Justice for All Act of 2002, which includes the Crime Victims’ Rights Act of 2004. In the
military justice system, many recent military directives have provided rights and services
for victims of crime. All states have juvenile justice systems, where cases are prosecuted
against minors. Among the greatest changes in victims’ rights over the past decade have
been those that have provided rights for crime victims of juvenile offenders. Many states
have enacted laws to ensure that the rights of victims of juvenile offences mirror the
rights of adult offenders, thus ensuring that, regardless of the age of the offender, crime
victims often receive corresponding rights. Finally, in the many tribal justice systems,
victims’ rights also vary greatly, depending upon whether the crime constitutes an
offense that is prosecuted by the federal justice system or the tribal justice system.
CRIMINAL JUSTICE SYSTEM
The criminal justice system is our society’s method of addressing crime and promoting
public safety. It is designed to prevent and respond to crime; identify, apprehend, and
prosecute persons charged with crime; and incarcerate and supervise convicted offenders
with efforts to rehabilitate them and hold them accountable for their criminal actions. The
criminal justice system is a sequential process that includes at least seven key phases:
1. Law enforcement.
2. Prosecution.
3. Judiciary and courts.
4. Probation.
5. Institutional corrections.
6. Parole.
7. Appellate courts.
While the agencies in each phase have specific roles and responsibilities in promoting
public and victim safety, often their roles are shared and require ongoing cooperation
among agencies to ensure effective operations and collaborative responses to victims’
rights and needs.
The professionals involved in the criminal justice process have relationships with and
responsibilities to victims and witnesses, alleged and convicted offenders, and
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communities that are concerned about individual and public safety. They are responsible
for protecting individual rights under state and federal constitutions and laws, and for
implementing procedures that are fair and equitable to all parties involved.
It is important to note that throughout the seven phases of the criminal justice system, all
justice agencies have a role and responsibility to:

Provide information about and referrals to available crime victim services.

In cases involving violent crime, provide information about the Crime Victim
Compensation Program and professionals who can help victims of violent crime
complete an application to cover out-of-pocket financial losses directly resulting from
the crime.
Phase 1: Law Enforcement
Law enforcement agencies operate at many levels, which can include:

Local (village/town, city, or other municipal police agencies).

County (County Police Department or Sheriff’s Office, which often includes the
county jail).

State (highway patrol and state police).

Federal, military, and tribal law enforcement.

Higher education (police forces on college and university campuses).
Law enforcement agencies work to prevent and respond to crime and protect individuals
and property. They are the first responders when a crime is reported by a victim, witness,
or third party with knowledge that a crime occurred.
Within the law enforcement segment of the criminal justice system, the range of rights
for crime victims may include:

Notifying victims of their rights as a victim of crime.

Providing the name(s) and contact information for the law enforcement official(s)
assigned to the case.

Notifying victims of the status of the case and alleged offender (such as the arrest
of a defendant, a bail hearing, and a defendant’s release on bail).

Providing information about protective measures, such as protective or stay-away
orders that prevent the defendant from contacting the victim, and how to obtain
such an order.
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
Helping victims whose property is taken as evidence to secure prompt return of
the property.
Phase 2: Prosecution
When law enforcement has investigated a crime and a suspect has been arrested, the case
is then referred to a prosecutor. The prosecutor is an attorney who works on behalf of the
citizens of a state (or acts in this capacity for federal, military, or tribal justice systems).
The prosecutor decides whether police have collected enough evidence against a suspect
and what crime(s) to charge. The prosecutor can negotiate the charges and sentences with
the defendant and the defendant’s lawyer. Such negotiations may result in a plea
agreement. If the case goes to trial, the prosecutor prepares and presents the case. At
sentencing, the prosecutor gives the judge information, facilitates the victim impact
statement and restitution order, and makes recommendations for the sentence.
Alleged offenders may be charged for either misdemeanor or felony offenses:

Misdemeanor: a crime that is less serious than a felony and for which the
punishment can be imprisonment for one year or less, usually in a jail or other
local facility, and/or a fine.

Felony: a serious crime potentially punishable by state or federal prison time.
Crime victims’ rights will vary, depending on whether the crime charged is a
misdemeanor or felony.
The prosecutor represents the interests of the state at all hearings throughout the trial
process. While the prosecutor does not directly represent the victim, per se, he or she
should take into consideration the victims’ needs and concerns, inform them of their
rights under law, and help them exercise these rights.
Within the prosecution segment of the criminal justice system, the range of rights for
crime victims may include:

Notifying victims of their rights as a victim of crime.

Notifying victims of the status of the case and any related hearings or activities.

Informing victims of any rights they have to attend and/or participate in such
hearings as a victim and/or witness.

Notifying victims of the status and location of the alleged offender (such as
detention and release into the community on bail).
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
Providing information about victims’ right to protection and assisting them with
direct help or referrals to obtain protective or stay-away orders that prevent the
defendant (or others) from contacting them.

If victims have the right to a speedy trial, ensuring that their needs are requested
and respected.

Intervening with employers, creditors, and/or schools upon request.

If any of a victim’s personal property has been taken as evidence for the trial,
providing victims with information about how to get their property returned
within a reasonable time frame.

Consulting with crime victims to receive their input before any plea agreement.

If there is a conviction:



Informing victims of their right to complete a victim impact statement
before sentencing that will help the court understand the physical,
emotional, financial, and spiritual effects the crime has had on them and
their loved ones.
Informing victims of their right to restitution and giving them information
about how to document their financial losses resulting from the crime so a
request for restitution can be made as a condition of the sentence.
Providing victims with information about the conditions of the sentence;
informing them of the agency that will be incarcerating or supervising the
convicted offender; and providing contact information for victim
notification, restitution, and other assistance.
Phase 3: Judiciary and Courts
In the criminal justice system, judges are responsible for many important activities. Most
critical of all, the judge must make fair and unbiased decisions. A judge cannot take sides
in a criminal case. He or she cannot have any personal contact with the victim or
members of the victim’s family while the case is ongoing. The judge cannot meet with an
attorney, victim, witness, defendant, juror, or any other person involved in the case unless
the attorneys for both sides are present.
The judge oversees all hearings throughout the trial process. He or she decides whether or
not a defendant can be released on bail; who should be appointed as defense counsel;
how to handle motions on legal issues; and what evidence to admit in a case, using the
law, rules of evidence, and rules of procedure. The judge also controls the timing of the
case by setting deadlines and holding the prosecution and defense to those deadlines.
Victims and their families often want their case to finish as soon as possible; however,
many things can happen to slow the progress of a case.
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After a trial that results in a conviction or after a defendant pleads “guilty” or “no
contest” to a felony offense, the judge schedules and presides over a sentencing hearing.
Before the sentencing hearing, a pre-sentence investigation (PSI) report is prepared for
the judge that includes a wide range of information about the convicted offender.
Important information about the victimsuch as the impact of the crime on the victim
and his or her family and any financial losses that can be addressed by a restitution
orderis also included in the PSI report.
At the sentencing hearing, both the prosecution and the defense can call witnesses to talk
about the circumstances of the crime, the effect of the crime on the victim and the
community, and the prospects for the offender to be rehabilitated.
Victims have the right to be present at the sentencing hearing and to provide the court
with a victim impact statement that describes the physical, emotional, financial, and
spiritual effects of the crime.
The judge will make a decision about sentencing based upon the facts of the case, state
law, and any sentencing guidelines relevant to the jurisdiction. The victim can ask for a
copy of the sentencing order, which includes all conditions of the sentence ordered by the
judge.
Judges are responsible for ensuring a range of rights for crime victims, including:

Ensuring that victims are informed of their rights.

Ordering restitution for crime victims as part of the sentence, regardless of
whether the defendant was adjudicated through a plea agreement or trial and
regardless of whether the offender is incarcerated or placed on probation.

Providing safe and secure waiting areas for crime victims attending court
proceedings.

Taking into consideration victim and community safety in any pretrial release
hearings.

Upon request from the victim, including a no-contact provision as part of any
pretrial release order, including bail, bond, or release on personal recognizance
that states that the accused or defendant shall not harass, intimidate, threaten, or
harm the victim or the victim’s family.

Requesting that prosecuting attorneys demonstrate that reasonable efforts were
made to confer with the victim before determining plea agreements.

Ensuring speedy trials for special populations of crime victims (such as the
elderly or children) in states that have passed such laws.
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
Allowing crime victims and their families to be present at court proceedings in
states that have enacted laws to afford victims this right.

Allowing victims to be heard at sentencing though victim impact statements.
In the post-sentencing period of a criminal case, correctional agencies are responsible for
managing convicted offenders in the community or in institutions. Sometimes county
jails are also considered part of corrections, although they are used primarily to detain
defendants after arrest and during the trial.
There are two different types of correctional agencies:

Community corrections, which include probation and parole supervision of
offenders in the community, as well as paroling authorities that make decisions
about whether to allow an incarcerated offender to return to the community.

Institutional corrections, which include prisons and, in cases of prison
overcrowding or jurisdictional discretion, county jails.
The purposes of corrections are to promote public safety through the effective
management of offenders; reduce the risk of repeat criminal behavior through
incarceration and community supervision; promote positive changes in offenders’
behavior; and ensure that victims of offenders under any form of correctional supervision
are treated with respect and provided with rights in accordance with law and services to
help them.
Phase 4: Probation
Probation is the single most common criminal sanction in the United States today. The
probation agency is responsible for protecting the community; maintaining public safety
through the supervision of offenders and enforcement functions that uphold the law; and
providing guidance and supervision to offenders that can help them become, and remain,
law-abiding citizens.
The probation department supervises offenders and monitors their conduct to make sure
they are complying with all conditions of supervision. The department may provide or
facilitate services to offenders such as job training and placement, education, and alcohol
or other drug treatment. If convicted offenders fail to comply with their probation
conditions, the probation officer can arrest them with or without a warrant. The probation
department is also responsible for maintaining contact with the offender’s victim(s) and
helping them exercise their rights to notification, protection, victim impact statements,
and restitution.
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When a convicted offender is sentenced to probation (which is sometimes called
community supervision), a probation officer will conduct an assessment to help
determine the most effective supervision plan.
Within the probation segment of the criminal justice system, the range of rights for crime
victims may include:

Notifying victims of their rights as victims of crime; the name and contact
information of the probation officer who is supervising the offender; and the
status of probation supervision and any related hearings or activities (such as
termination or expiration of the sentence, technical violations, or revocation).

Notifying victims of the status of the probationer (such as home confinement,
community supervision, or detention).

Notifying victims if the offender requests to serve his or her probation sentence in
another state and the state that will be supervising the offender’s probation. This
right is enforced by the Interstate Compact, through which all 50 states agree to
notify victims if their offenders ask to serve probation in a state other than the one
in which the crime was committed.

Informing victims of any rights they have to attend, participate in, and/or testify at
hearings (such as technical violations or revocation hearings) as a victim or
witness and facilitating their attendance and participation.

Providing victims with information about their right to protection and assisting
them with referrals to obtain protective or stay-away orders that prevent the
probationer from contacting them.

Informing victims about the pre-sentence investigation process and their role in
providing critical information that will contribute to the sentencing
recommendation.

Informing victims of their right to complete a victim impact statement before
sentencing that will help the court understand the physical, emotional, financial,
and spiritual effects the crime has had on them and their loved ones and to have
their statement included in the pre-sentence investigation (PSI) report to the court.

Informing victims of their right to restitution; providing them with information
about how to document their losses resulting from the crime so a request for
restitution can be made as a condition of the sentence; and monitoring restitution
payments made by the offender to the court, which will be provided to victims
when they are received.
Phase 5: Institutional Corrections
The state Department of Corrections is responsible for incarcerating offenders who have
been convicted of a felony crime. (In cases involving federal, military and tribal courts,
respective correctional institutions are used.) Through a variety of classification, risk
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management, education, and treatment programs, institutional corrections can effectively
manage inmates in a secure environment and contribute to the overall safety of crime
victims and the public.
Some inmates will choose to serve their entire sentence behind bars, which means that
when their sentences expire, they will not be subject to any supervision in the
community. Victims of crime are entitled to receive information about the status of such
offenders while they are still in prison and when they are released. Other inmates will be
eligible for parole consideration prior to the expiration of the sentence handed down by
the court. In such cases, victims are entitled to be notified about any possible parole
release hearings and to provide input before or during such hearings.
Information about the name, location, custody level, and first possible date for
considering release of all inmates is available online to crime victims and the public in
most states through their Department of Corrections Web site, which includes contact
information if victims have any questions or concerns or need additional information
about an inmate’s status.
Within the institutional corrections segment of the criminal justice system, the range of
rights for crime victims may include:

Notifying victims of their rights as a victim of crime.

Notifying victims of the location, status, and custody level of the inmate,
including notification if the inmate escapes from secure custody.

Notifying victims of contact information for the institution where the inmate is
housed.

Providing information about a victim’s right to protection, assisting them with
referrals to obtain “no contact” orders that prevent the inmate from contacting
them, and informing them of measures they should take to document and address
any unwanted contact from an inmate.

If the sentence included an order of restitution, (in some states) informing victims
of their right to receive restitution payments from the inmate through deposits in a
trust account and/or wages received from work.
Phase 6: Parole
When inmates are released from prison, they are reintegrated into the community through
parole. Parole is the supervised release of prisoners to the community, with conditions
attached to the release that are designed to protect the safety of the public, as well as the
victim(s) of that parolee. Parole is considered part of the prison sentence that is served in
the community. If a defendant is sentenced to “life without possibility of parole,” that
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means he or she will never be eligible for parole supervision and will serve the entire
sentence in prison.
The paroling authority includes a statutorily designated number of members that are
appointed by and serve at the pleasure of the Governor. In many states, there is a
designated position on the paroling authority that must be filled by a victim/survivor of
crime. The paroling authority makes decisions about whether to grant parole to inmates;
monitors the control of parolees who are released to community supervision; discharges
offenders from parole when they have completed the terms and conditions of parole
supervision; and, in some states, makes parole revocation decisions if a parolee has
violated the terms and conditions of parole.
Victim Input at Parole
Victims of crime are allowed to provide information to the paroling authority about how
the crime has affected them since it occurredphysically, emotionally, financially, and
spiritually. This is called a victim impact statement (VIS). It can be provided to the parole
board before the hearing in a written statement or through a personal interview with a
member of the parole board; before or at the hearing in an audiotape, videotape, or DVD
format; in person at the actual parole hearing by testifying before the paroling authority
or providing a written statement that will be read at the hearing; or (in some states)
through the use of teleconferencing technology that enables personal testimony without
requiring the victim to be present at the hearing.
The Paroling Authority and Victims’ Rights
Within the paroling authority segment of the criminal justice system, the range of rights
for crime victims may include:

Notifying victims of their rights as victims of crime.

Notifying victims of their right to attend or participate in paroling authority
hearings.

Providing victims with information to exercise their right to submit a victim
impact statement to the paroling authority.

Providing victims with information about their right to protection and assisting
them with referrals to obtain protective or no-contact orders from law
enforcement that prevent the inmate or parolee from contacting them.

Notifying victims of the decision of the paroling authority (whether the offender
is denied parole and returned to prison or released on parole to the community),
and the status of the offender (including when he or she will be released from
prison).
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
If the offender is released on parole supervision, providing victims with contact
information for the supervising agency and officer.

In some states, if a parolee violates the conditions of parole supervision, notifying
victims of such violations and providing them with the opportunity to attend
and/or have input at any parole revocation hearing.
Parole Supervision
When an inmate is released on parole, he or she is supervised and monitored by a parole
officer or agent. Parole supervision centers on the officer’s contact with the offender and
his or her family, employers, friends, and counselor, as well as with the victim of the
crime. The parole officer or agent can obtain a great deal of information from these
sources about whether or not the parolee is complying with the conditions of parole
established by the paroling authority through a variety of strategies (see the Probation
section of this chapter).
Victims of crime should be aware of the conditions of parole supervision and the name
and contact information for the supervising parole officer or agent. If a victim is aware of
any violations of the conditions of parole, these should be reported immediately to the
parole officer and, in cases of emergency, to local law enforcement.
Parole Supervision and Victims’ Rights
Within the parole supervision segment of the criminal justice system, the range of rights
for crime victims may include:

Notifying victims of their rights as victims of crime.

Notifying victims of the name and contact information for the parole officer or
agent who is supervising the offender.

Notifying victims of the status and conditions of parole supervision and any
related hearings or activities (such as early discharge, expiration of parole, or
revocation).

Informing victims of any rights they have to attend, participate in, and/or testify at
parole revocation hearings as a victim or witness and facilitating their attendance
and participation.

Notifying victims of the status of the parolee.

Notifying victims if the offender requests to be supervised on parole in another
state and the state that will be supervising the offender’s probation. (This right is
enforced by the Interstate Compact, through which all 50 states agree to notify
victims if their offenders ask to serve their parole in a state other than the one
where the crime was committed.)
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
Providing information about a victim’s right to protection and assisting victims
with referrals to obtain protective or stay-away orders that prevent the parolee
from contacting them.
Phase 7: Appellate Courts
Upon conviction in criminal cases, the convicted offender has constitutional and other
legal rights to appeal. An appeal is a request by the losing party to have the Court of
Appeals or the Supreme Court review the decisions made in the trial court. Many of the
issues raised on appeal concern how the judge managed the trial. The issues are technical
and usually do not question the defendant’s guilt but rather the procedures used in the
court process. For instance, there may be questions about whether the judge should have
allowed certain evidence to be presented or whether the judge gave improper instructions
to the jury.
An appellate brief is sent to the state Attorney General by the defendant. In reviewing a
case, the appellate court considers only the written record of what occurred at the trial.
No new evidence or testimony is given. Only in a small number of cases are oral
arguments scheduled. An oral argument is a brief opportunity for each party’s attorney to
persuade the court and answer any questions. Victims do not have to testify during the
appellate process.
Ultimately, the appellate court’s decision will:

Agree with the lower court and uphold the previous decision.

Disagree with the lower court and overrule the previous decision.

Agree in part, disagree in part, and send the case back for the lower court to
resolve certain questions.
In 27 states, direct assistance to victims is provided by a designated victim assistance unit
in the Attorney General’s office; in eight states, victim assistance is provided by another
unit in the office. While each state’s laws vary, in general victims have the right to be
notified that a case is being appealed; notified of the time, date, and location of an
appeals hearing; and notified about the status and outcome of an appeal.
FEDERAL JUSTICE SYSTEM
Federal and nonfederal courts exist in separate justice systems. Victims of federal crime
can be people who are victimized on federal land (Indian reservations, national parks,
etc.) or victims of federal crime (e.g., bank robbery). Victims of crime in Indian country
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may have access to tribal victim assistance programs. OVC currently funds 30 such
programs, which provide a wide range of services on reservations to victims of crime.
Crimes committed in Indian country may be prosecuted in both federal and tribal court,
depending on the nature of the crime and whether the victim and/or perpetrator are Native
American. Crimes committed in Indian country by non-Indians against non-Indians are
usually under the jurisdiction of the state court.
Federal crimes are prosecuted by the U.S. Attorney’s Office. The main person who deals
with federal victims is the federal Victim/Witness Coordinator. If you are involved in a
case where there is federal jurisdiction, it is vital to coordinate with the federal
Victim/Witness Coordinator, located within the U.S. Attorney’s Office in your
jurisdiction.
Due to the large number of cases handled by most U.S. Attorneys’ Offices, it can take
months or even years for the office to accept or decline a case for prosecution. If the case
is also subject to tribal jurisdiction, a victim may need to deal with two different court
systems. Victim service providers working with tribal victims need to be familiar with
federal court procedures as well as tribal court procedures.
Many federal crimes have multiple victims. Terrorism prosecutions, such as Timothy
McVeigh’s trial, can involve hundreds of victims. The Zachariah Moussai case, for
example, involved thousands of victims and witnesses. Financial crimes can also involve
hundreds of victims.
The main agency involved in providing support for programs that deal with victims of
federal crime is the Office for Victims of Crime, Federal Assistance Division (FAD). The
FAD is responsible for providing advocacy, leadership, and policy development guidance
to federal agencies and Indian tribes to assist them in developing direct services for
victims of federal crime. The FAD also coordinates services with other elements of the
Federal Government, such as the Federal Bureau of Investigation, Drug Enforcement
Administration, Department of Homeland Security, Executive Office for United States
Attorneys, Department of the Treasury, Department of State, the Federal Bureau of
Prisons, the Department of Defense and the military services, the Postal Inspection
Service, the Bureau of Indian Affairs, and other federal agencies with criminal justice
responsibilities. The staff assists the OVC Director in monitoring agency compliance
with the victims’ issues contained in federal statutes and the accompanying Attorney
General Guidelines for Victim and Witness Assistance (AG Guidelines). The FAD also:

Identifies service needs of Federal crime victims and recommends strategies and
program activities to address or improve the needed services.
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
Develops training and technical assistance programs for staff of federal law
enforcement agencies, U.S. Attorneys’ offices, and American Indian/Alaska
Native organizations to enhance their capacity to respond to crime victims.

Funds demonstration programs with federal agencies with criminal justice
responsibilities and Indian tribes/tribal organizations to develop promising
practices that can be replicated by other agencies and tribes or tribal
organizations.

Administers the discretionary grant program of the Children’s Justice Act
Partnerships for Indian Communities, which makes grant awards available to
Indian tribes to improve the investigation, prosecution, and handling of child
abuse cases.

Administers the Tribal Victim Assistance (TVA) discretionary grant program (an
expansion of the former Victim Assistance in Indian Country grant program),
which makes grant awards available to Indian tribes and tribal organizations to
establish victim assistance programs in remote areas of Indian Country.

Administers the Counseling for Crime Victims in Indian Country by Faith-Based
Organizations. The purpose of this initiative is to support the provisions of faithbased counseling services to crime victims and to support the creation of
collaborative models for local victim assistance programs to join with faith-based
organizations, spiritual leaders, and traditional healers in American Indian/Alaska
Native (AI/AN) communities.

Encourages coordination between victim services provided by federal agencies
and victim services offered by the states’ victim compensation programs and
victim assistance providers.

Encourages coordination between victim assistance programs in the military
services, the FBI, and U.S. Attorneys’ Offices to provide resources and improve
services to victims of crime on military installations.

Monitors the law enforcement agencies of the Department of Justice, the
Department’s Litigating Divisions, and the U.S. Attorneys’ Offices for
compliance with the Attorney General Guidelines for Victim and Witness
Assistance (AG Guidelines).

Monitors Federal law enforcement agencies outside the Department of Justice to
encourage adoption of guidelines consistent with the federal guidelines for fair
treatment of crime victims and witnesses.

Analyzes, reviews, and comments on proposed federal legislation regarding crime
victims. (OVC, n.d.)
Federal crimes are prosecuted in one of the 94 United States Attorneys’ Offices
throughout the United States, Guam, Puerto Rico, and the Virgin Islands.
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Major Federal Laws Affecting Federal Crime Victims
Several significant laws affecting federal victims of crime have been enacted in the past
two decades. Six major federal laws that directly affect victims in federal courts are:

The Victim and Witness Protection Act of 1982.

The Crime Control Act of 1990.

The Violent Crime and Law Enforcement Act of 1994.

The Mandatory Victims Restitution Act of 1996.

The Victims’ Rights Clarification Act of 1997.

The Crime Victims’ Rights Act of 2004.
The Victim and Witness Protection Act of 1982 (VWPA) was enacted Ato enhance and protect the
necessary role of crime victims and witnesses in the criminal justice process; to ensure that the federal
government does all that is possible within the limits of available resources to assist victims and witnesses
of crime without infringing on the constitutional rights of the defendants; and to provide a model for
legislation for state and local governments@ (AG Guidelines, 1983). The VWPA was considered landmark
legislation in 1982 because, for the first time, basic rights for victims of federal crimes were established.
The Crime Control Act of 1990 contained a wealth of new legislation and amendments
to the existing federal criminal code affecting the treatment of crime victims, including
children.

Title V, the Victims= Rights and Restitution Act of 1990, in effect created a
Federal Crime Victims= Bill of Rights and codified services that should be
available to victims.

Title II, the Victims of Child Abuse Act of 1990, contained extensive
amendments to the federal rules of criminal procedure affecting the treatment of
child victims and witnesses in the federal system, such as allowing the use of
closed-circuit television and videotaped depositions of children.

Title XXXI, Bankruptcy and Restitution, protected victims by preventing drunk
driving offenders from discharging debts arising from offenses under Chapter 13
of the bankruptcy code.
The enactment of a Federal Crime Victims’ Bill of Rights was historic and paralleled legislative activity in
the states. Section 502 of the Act mandated that federal officials . . . shall make their best efforts to see that
victims of crime are accorded the following rights:
1. The right to be treated with fairness and with respect for the victim’s dignity and
privacy.
2. The right to be reasonably protected from the accused offender.
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3. The right to be notified of court proceedings.
4. The right to be present at all court proceedings related to the offense, unless the
court determines that testimony by the victim would be materially affected if the
victim heard other testimony at trial.
5. The right to confer with the attorney for the Government in the case.
6. The right to restitution.
7. The right to information about the conviction, sentencing, imprisonment, and
release of the offender (42 U.S.C. Section 10606(b)).
Four years later, Congress enacted comprehensive crime legislation entitled the Violent
Crime Control and Law Enforcement Act of 1994 (Crime Act). In addition to the
establishment of new victims’ rights, and the passage of the historic Violence Against
Women Act contained within it, the Crime Act encouraged the federal government to
form partnerships with state and local communities. The specific rights and services
contained in the 1994 Crime Act include:

Notice and payment for testing and counseling for sexually transmitted diseases
for sexual assault victims.

The right of a domestic violence victim to be heard at a prerelease hearing of the
defendant.

Allocution at sentencing for victims of crimes of violence and sexual abuse.

Mandatory restitution for the following victims:




Domestic violence.
Sexual assault.
Sexually exploited and other abused children.
Telemarketing fraud victims.
The Mandatory Victims Restitution Act of 1996 amends the federal criminal code to
require judges to order mandatory restitution for victims of violent crime, certain
property offenses, fraud, and consumer product tampering. Restitution may now be
granted to victims who are not victims of the specific offense resulting in conviction,
provided that the parties agree to that in the plea agreement. In addition, procedures for
issuing and enforcing restitution orders were significantly expanded under the Act. Full
implementation of these new provisions will bring new importance to restitution in
federal criminal proceedings.
This Act expands the rights of victims to attend and observe trial, stating that victims
shall not be excluded from the trial of the defendant because the victim may, during the
sentencing hearing, make a statement or present any information in relation to the
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sentence. This right is further expanded in capital cases to deny exclusion in cases where
the victim may, during the sentencing hearing, testify as to the effect of the offense on the
victim and the victim’s family.
The Crime Victims’ Rights Act, Section 3771 (a) of the Justice for All Act of 2004
(H.R. 5107, Public Law 108-405), amends the federal criminal code to grant crime
victims specified rights, including:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court
proceeding or any parole proceeding involving the crime, or of any release or
escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the
court, after receiving clear and convincing evidence, determines that testimony by
the victim would be materially altered if the victim heard other testimony at that
proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court
involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the
case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim’s dignity
and privacy.
The Act adds new victims’ rights and modifies some existing rights. Most notable is the
new right of victims to be reasonably heard at any public proceeding involving release,
plea, or sentencing. The Act also requires prosecutors to advise victims that they can seek
the advice of an attorney with respect to the rights established by the Act. Although the
Act does not provide grounds for a new trial, it allows victims to file motions to reopen a
plea or a sentence in certain circumstances.
An OVC Fact Sheet about the Justice for All Act and Crime Victims’ Rights Act can be
accessed at www.ojp.usdoj.gov/ovc/publications/factshts/justforall/welcome.html.
2005 Attorney General Guidelines for Victim and Witness
Assistance
The 2005 Attorney General Guidelines for Victim and Witness Assistance facilitates the
critical work of the U.S. Department of Justice on behalf of crime victims. It incorporates
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the many provisions for crime victims’ rights and remedies that have been enacted since
the publication of the last edition of the Guidelines in 1995, including the Justice for All
Act of 2004. It also includes new guidance on assisting the victims of certain crimes,
such as human trafficking and identity theft, which may give rise to unique challenges.
According to U.S. Attorney General Alberto R. Gonzales:
We at the Department of Justice have a duty not only to uphold the rights of
individuals who are accused or convicted of a crime but to protect the rights of the
victims of crime. Dedicated professionals throughout the Department of Justice
work to vindicate the rights of crime victims under law, to offer them aid through
the Crime Victims’ Fund, and generally to ease their interaction with the criminal
justice system. Crime victims deserve no less (2005, p. 2).
Resources for Federal Victims of Crime
The OVC’s Federal Assistance Division (FAD) is responsible for providing advocacy,
leadership, and policy development guidance to federal agencies and Indian tribes to
assist them in developing direct services for victims of federal crime. FAD also
coordinates services with other federal agencies with criminal justice and victim-related
responsibilities (including the federal agencies described below as well as the Drug
Enforcement Administration, Department of Homeland Security, Department of State,
agencies of the Department of the Treasury, Department of Defense and the military
services, the Postal Inspection Service, and the Bureau of Indian Affairs, among others).
Information about OVC FAD and links to other relevant federal agencies can be accessed
at: www.ojp.usdoj.gov/ovc.
Each U.S. Attorney’s Office has a victim-witness coordinator who can provide
information to victims of federal crime or serve as a resource regarding the federal
criminal justice system. A direct link to each U.S. Attorney’s Office can be accessed at:
www.usdoj.gov/usao/offices/index.html.
In January 2002, the Federal Bureau of Investigation (FBI) established an Office of
Victim Assistance (OVA) at its headquarters. The mission of OVA is to ensure that
victims of crimes investigated by the FBI are afforded the opportunity to receive the
services and notification required by federal law and the Attorney General Guidelines on
Victim and Witness Assistance. The FBI has 112 full-time Victim Specialist positions to
assist victims of federal crime that are investigated by the division or field office where
they work. Information about the FBI OVA can be accessed at
www.fbi.gov/hq/cid/victimassist/home.htm.
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The U.S. Department of Justice has instituted the Office of the Victims’ Rights
Ombudsman within the Executive Office of the U.S. Attorneys to receive and investigate
complaints filed by crime victims against its employees. The Office was established by
the Crime Victims’ Rights Act of 2004 (see above). Information about the Office of the
Victims’ Rights Ombudsman can be accessed at ww.usdoj.gov/usao/eousa/vr/index.html.
The U.S. Department of Justice Victim Notification System (VNS) is a cooperative effort
among the FBI, U.S. Attorneys’ Offices, and the Federal Bureau of Prisons. The
automated system provides information and notification to federal victims of crime in
English and Spanish. VNS provides victims with information about scheduled court
hearings, and an offender’s custody status (such as incarceration, placement in
community corrections centers, furlough, release, or death). Additional information about
VNS can be accessed at: www.usdoj.gov/usao/nd/victimwitness/brochures/vns.html.
JUVENILE JUSTICE SYSTEM
There are significant differences between America=s juvenile justice and adult criminal
justice systems. These differences stem from the underlying philosophical distinction of
the juvenile court, which is to assist young people in need of services and capable of
rehabilitation, rather than to prosecute them for crimes. It is helpful to know and
understand these differences, as they result in distinct terminology as depicted in Exhibit
IV-1.
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EXHIBIT IV-1
TERMINOLOGY USED IN THE CRIMINAL JUSTICE AND JUVENILE JUSTICE SYSTEMS
Criminal Justice System
Juvenile Justice System
Prosecutors
Court advocates
Charge
Petition for a hearing
Trial
Hearing
Conviction
Adjudication
Sentence
Disposition
Guilty verdict
Finding
Sentence
Placement
Parole supervision
Aftercare
Criminals/delinquents
Wards/kids
Getting locked up
Placement
Crimes
Incidents
It is extremely important that victim advocates become familiar with the statutory
provisions, procedural operation, and terminology of the juvenile justice system within
their respective jurisdictions, as there are wide variations here.
Victims’ Rights in Juvenile Cases
The basic victims’ rights afforded to victims of adult criminal offenders are available to
victims of juvenile offenders in many jurisdictions, including the rights to be treated with
dignity and respect; receive notification and information; be afforded reasonable
protection; be heard (victim impact statements); receive restitution; be provided with
information and referrals; and be provided with information about how to apply for
victim compensation (the latter in violent crime cases). However, enforcement of such
rights is not always consistent. It depends on the statutory language that creates the
juvenile court and often depends on whether juvenile judges allow victims access to the
court when their interests conflict with those of the juvenile offender.
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Juvenile Offender Confidentiality
Perhaps the most frequent conflict between juvenile offenders and their victims is the
issue of confidentiality, a hallmark of the traditional juvenile court system. Most states
have included provisions in their juvenile justice statutes that mandate confidentiality for
the juvenile offender. These laws were enacted to avoid stigmatizing the youthful
offender with every expectation that such information would serve only to impede
rehabilitative efforts. Consequently, information regarding the name and age of the
offender is sometimes unavailable to the victim from law enforcement and juvenile court
records.
Juvenile court proceedings are often confidential and generally exclude all persons other
than court personnel from the actual hearing. In most states, the records of juvenile court
proceedings are sealed after the offender has reached adulthood, and the dispositions of
juvenile cases cannot be considered in any future criminal proceedings against the
offender as an adult. However, recent public policy trends give certain organizations and
individuals (including victims) access to juvenile information and records. Some states
allow victims access to specific information about the status of the case and the offender,
while excluding the general public from such access. Others make most information
about juveniles a matter of public record.
Victim service providers must be familiar with confidentiality laws pertaining to youthful
offenders, as they affect crime victims’ rights to receive notification; be protected from
intimidation, harassment, or harm; make victim impact statements; and seek restitution.
Other substantive and procedural issues of importance to victims include:

The age for juvenile court jurisdiction is generally under 18 but can vary and may
apply to older individuals if there is evidence that they lack maturity or social
development. Conversely, some jurisdictions provide that young offenders may
be tried as adults under certain circumstances.

Many states incarcerate juvenile offenders for a period of up to no more than the
age of 25. Others have enacted statutes that provide for the transfer of serious
youthful offenders after a given age to the adult penal system to finish the
remainder of their designated period of detention/incarceration.

Most states employ a progressive array of sanctions for juvenile offenders. Some
“diversion” or alternative programs include parent and child counseling, police
youth activities, community service, drug prevention education, and informal
probation. Such programs are generally used with first-time nonviolent offenders.
Often these programs will impose restitution as a provision of diversion. Victims
should seek input into any decision to divert a case.
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
Probation is the sanction used most often in both criminal and juvenile justice
cases. This sanction of community supervision is imposed by the juvenile court.
Probation is generally characterized by requirements, known as Aterms and
conditions of probation,@ which delineate expected behavior that the probationer
must adhere to for a given period of time.

Often, juvenile courts will commit offenders to community treatment programs.
Such residential counseling centers and drug treatment programs are designed to
hold offenders accountable while helping them learn the life skills necessary to
reintegrate into society. The programs may be located in the local community or
in adjoining jurisdictions or states.

With the exception of serious, habitual, and violent offenders, youth detention
facilities are generally considered the disposition of last resort for young
offenders in the juvenile justice system. It is important for victims to understand
that most youthful offenders are eventually returned to the community.

Many states are enacting statutes or administrative policies that afford victims
opportunities to participate in juvenile parole hearings. In determining whether an
individual should be released from custody, each juvenile parole board considers
many factors, including the offender=s progress toward educational or vocational
goals and his or her overall behavior while incarcerated. In addition, the juvenile
paroling authority considers the seriousness of the original offense for which the
person was incarcerated, the overall impact upon his or her release into the
community, and the youthful offender=s financial and legal obligations, including
victim restitution. This information is included in victim impact statements,
among other resources.

Similar to probation in its design and functioning, parole supervision (also called
aftercare) is granted to juveniles who are released after having served a period of
institutionalized detention or incarceration. Parole officers can be a valuable asset
to victim service providers in ensuring that youthful offenders refrain from
contacting or harassing the victim in any way and fulfill their court-ordered
restitution obligations.
Victim Services in Juvenile Court
A significant trend since the early 1990s has been the development of victim assistance
programs within juvenile courts. Similar to victim/witness programs in the criminal
justice system, these programs provide a wide range of information, support services,
advocacy, and referrals to victims of youthful offenders. The National Council of
Juvenile and Family Court Judges has identified nine critical elements that comprise a
comprehensive victim services program within the juvenile justice system:
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1.
2.
3.
4.
5.
6.
A complete understanding of the mandates of the statutes applicable in the state.

Victims’ rights statutes.

Juvenile code/statute and confidentiality restrictions.

Related statutes (e.g., child orders of protection).
A complete understanding of the operations of juvenile/family court.

Division of responsibilities within the court system.

Roles and responsibilities of court personnel.

Accessing case information within the system.
Knowledge of what aspects of the statute are currently being met and by whom.
Basic victims’ rights should include:

Explanation of the juvenile justice system.

Notification of hearings/proceedings.

Establishment of a safe victim waiting room.

Submission of a written or oral victim impact statement.

Orders of restitution.

Measures of victim protection.
Identification of personnel in the system who support the precepts of victims= rights
in conjunction with the protections to be afforded to juvenile offenders.

Building relationships based upon an understanding of victimization.

Identifying specific concerns or reservations staff may have regarding
implementation of victims’ rights.
Determination of the role of victim service professionals within the system.

Staff member of the juvenile justice system (assigned position).

Contracted individual whose responsibilities and involvement in court cases is
well-defined; what protection is necessary for juvenile confidentiality (statutory
restrictions).
Referral of victims to victim service professionals.

Review of police reports submitted with admission of juvenile offender to
detention facility.

Referral of victims by court personnel (utilizing referral form).

Self-referral by victims.

Referral of victims from community resources.
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7.
8.
9.
Development of services to be provided to victims and subsequent training to be
provided to juvenile court staff:

Explanation of the juvenile court process, terminology, and procedures, and roles
of various court staff.

Crisis intervention, supportive counseling relevant to victimization issues.

Availability of Crime Victims= Compensation.

Access to community resources through networking (e.g., counseling) and
subsequent referral, as appropriate.

Preparing and accompanying victims to hearings.

Assisting with the completion of victim impact statements.

Providing notification of all court dates (if required).

Advocating for victims with law enforcement agencies in order to obtain report
information for the victim and to encourage the law enforcement agency to refer
the case to the court.

Accompanying victims to line-ups held in detention facility.

Establishing protocol for assisting families in which the victimization is sibling on
sibling.

Providing assistance with restitution information.

Notifying victims of disposition of case.
Participation on various committees within the juvenile justice system when victim
assistance is pertinent to the assignment of that committee.

Public relations/community education.

Training committees (e.g., police, court personnel).

Any protocol committees involving victim-related issues (e.g., notification of
release from secured facility, victim/offender mediation).
Program development and program evaluation.

Determine source(s) of funding for the program.

Develop surveys for court personnel feedback.

Develop protocols for involving volunteers/student interns as victim advocates.
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MILITARY JUSTICE SYSTEM
Members of the U.S. military are subject to the same rules of behavior as the civilian
population but are also governed by the Uniform Code of Military Justice.
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ), enacted by Congress, contains
substantive and procedural laws governing the military justice system. The President
prescribes procedural rules and punishments for violations of crimes in the Manual for
Courts-Martial (MCM). For example:

Investigations of serious offenses involving military personnel such as rape,
indecent assault, drugs, or larceny are usually conducted by a criminal
investigative agency, such as the Army’s Criminal Investigation Command (CID).

For less serious offenses and most military-connected crimes, the authority rests
with military or security police investigators.

In cases involving very minor offenses, the immediate commander of the military
member suspected will conduct or cause to be made a preliminary inquiry.
Lawyers, known as judge advocates, are actively involved in advising
commanders throughout the process.
Unlike civilian communities, military commanders exercise discretion in deciding
whether an offense should be charged and how the offenders should be punished. The
disposition decision is one of the most important and difficult decisions facing a
commander. The commander has a number of options available for the resolution of
disciplinary problems. Commanders may choose to:

Take no action when a preliminary inquiry indicates that the accused is innocent
of the crime or that the only evidence is inadmissible.

Initiate administrative action against a service member. This action is not
punitive; instead, it is meant to be corrective and rehabilitative. Administrative
actions include measures ranging from counseling or a reprimand to involuntary
separation.

Dispose of the offense with nonjudicial punishment. Article 15, UCMJ, provides a
means of handling minor offenses requiring immediate corrective action. Rather
than a judge, the commander conducts the hearing. In order to find the service
member guilty, the commander must be convinced beyond a reasonable doubt that
the service member committed the offense.
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
The commander may dispose of the offense by court-martial. If the commander
decides that the offense is serious enough to warrant trial by court-martial, the
commander may exercise this option, preferring and forwarding charges.
There are three levels of court-martials: summary, special, or general:

A summary court-martial is designed to dispose of minor offenses. Only enlisted
service members may be tried by summary court-martial. A single officer presides
over the hearing. The accused has no right to counsel but may hire an attorney to
represent him or her.

A special court-martial is an intermediate level composed of either a military
judge alone or at least three members and a judge. An enlisted service member
may ask that at least one-third of the court members be enlisted. There is both a
prosecutor, commonly referred to as the trial counsel, and a defense counsel. In
addition, the accused may be represented by civilian counsel, at no expense to the
government, or by military counsel requested by the individual.

A general court-martial is the military’s highest level trial court and tries service
members for the most serious crimes. The punishment authority of the general
court-martial is limited by the maximum authorized punishment for each offense
in the Manual for Courts-Martial.
Each court-martial differs in the procedures, rights, and possible punishment that can be
adjudicated.
DoD Victim and Witness Assistance Programs
DoD Directive 1030.1, Victim and Witness Assistance and DoD Instruction 1030.2,
Victim and Witness Assistance Procedures implement statutory requirements for victim
and witness assistance and provide guidance for assisting victims and witnesses of crime
from initial contact through investigation, prosecution, and confinement. Together, the
Directive and Instruction provide policy guidance and specific procedures to be followed
for victim and witness assistance in all sectors of the military. They apply to the Office of
the Secretary of Defense and the following military components:

The Chairman of the Joint Chiefs of Staff.

The Unified Combatant Commands.

The Inspector General of the Department of Defense.

Department of Defense Field Activities and Defense Agencies.

The military services, including the Coast Guard (when operating as a service in
the Navy).
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The Directive includes a Bill of Rights that closely resembles the Federal Crime Victims’
Bill of Rights. DoD officials are responsible for ensuring that victims of military crimes
are afforded the rights to:

Be treated with fairness and respect.

Be reasonably protected from the offender.

Be notified of court-martial proceedings.

Be present at court-martial proceedings.

Confer with the government attorney.

Available restitution.

Know the outcome of the trial and any release from confinement.
The DoD victim and witness assistance programs cover the entire military justice process
from investigation through prosecution and confinement. In providing services and
assistance to victims, the DoD programs emphasize an interdisciplinary approach
involving law enforcement, chaplains, family advocacy personnel, emergency room staff,
family service center staff, equal opportunity staff, judge advocates, unit commanding
officers, and corrections personnel.
Family Advocacy Program
Each branch of the military services has a Family Advocacy Program that operates in
accordance with DoD Directive 6400.1. These programs are designed to prevent child
and spouse abuse, to promote early identification and intervention in cases of alleged
child and spouse abuse, and to provide programs of rehabilitation and treatment for child
and spouse abuse problems. Each branch of service maintains a central registry
containing data on reports of alleged child and spouse abuse. If more than one child is a
victim of sexual abuse in an out-of-home care setting, DoD may convene a
multidisciplinary team of specially trained personnel to provide technical assistance.
Sexual Harassment and Counseling Hotline
The Army, Navy, Marines, and Air Force provide hotlines for victims of sexual
harassment to provide counseling and assist them in discreetly reporting crimes to
appropriate officials.
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Navy’s Sexual Assault Victim Intervention Program (SAVIP)
The Navy SAVIP was established in 1994 as a comprehensive, standardized, victimsensitive system response to sexual assault. The program provides sexual assault
awareness and prevention education programs and victim advocacy and intervention
services; and collects accurate data on sexual assault in the Navy. There are 28 SAVIP
coordinators working in 26 Family Service Centers.
Descriptions of these DoD victim assistance initiatives can be accessed at
www.defenselink.mil/vwac/. In addition, this Web site includes information about victim
and witness assistance, victim/witness forms, training materials relevant to DoD guidance
and policy, victim/witness assistance, and links to victim and witness points of contact
for the DoD, including:

Department of the Air Force.

Department of the Army.

Coast Guard.

Marine Corps.

Department of the Navy.

Office of the Secretary of Defense.
Special Compensation Programs in the Military
Transitional Compensation [10 U.S.C. ‘1059]
Federal law authorizes payment of monthly transitional compensation for abused family
members. DoD Instruction 1342.24, Transitional Compensation for Abused Dependents,
implements this law and is designed to partially alleviate the financial hardship to the
abused dependents for coming forward with the information needed to take action against
the alleged abuser. Dependents of members of the Armed Forces are eligible for
transitional compensation if the military member was:

Separated from active duty under a court-martial sentence resulting from a
dependent-abuse offense.

Administratively separated from active duty if the basis for separation includes a
dependent-abuse offense.

Sentenced to forfeiture of all pay and allowances by a court-martial which has
convicted the member of a dependent-abuse offense.
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Payments from Retired Pay for Abused Dependents [10 U.S.C. ‘1408(H)]
Federal law also authorizes payments of portions of retired pay to help alleviate the
financial hardship to abused dependents for coming forward with information needed to
take action against the military sponsor. In order to receive payments from retired pay,
the spouse or former spouse must obtain a civilian court order (typically done as part of a
legal separation or divorce action) setting forth the spouse’s portion of the military
member’s retired pay. The spouse or former spouse must have been married to the
abusive member for at least 10 years during which the member performed at least 10
years creditable service toward retirement (the 10-year periods must overlap). The spouse
may not receive payments under both this program and the Transitional Compensation
Program.
Property Claims Article 139, UCMJ
Under Article 139, UCMJ, commanders may direct that service members pay victims for
willful damage or theft of property. The damage or theft must have been intentional and
not caused inadvertently or thoughtlessly through simple or gross negligence.
Foreign Claims Act
Under some circumstances, the Foreign Claims Act authorizes payment of claims for
property damage, personal injury, or death caused by military personnel to a foreign
inhabitant in a foreign country. Under the Act, the United States can pay for intentional
acts committed by service members abroad. Victims must file a claim under the Act
within 2 years of the damage or injury.
Restitution from the Offender
The Uniform Code of Military Justice does not authorize restitution as a form of a courtmartial sentence. DoD policy, however, encourages military prosecutors, in appropriate
cases, to include a requirement to pay restitution as a condition of a pretrial agreement.
Payment of restitution to a victim may also be included as a condition of parole.
Compensation for Military Victims under State Programs
Victims of crimes committed by military personnel may be eligible for compensation
from state compensation programs. Since state compensation programs are “payers of last
resort,” they do not cover cost paid for by Acollateral resources” such as military benefits,
medical and automobile insurance, or other public assistance programs.
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TRIBAL JUSTICE SYSTEM
Three major federal laws have governing jurisdiction over crimes committed in Indian
country:

PL 83-280 IndiansBCriminal Offenses and Civil CausesBState Jurisdiction, 18
U.S.C. ‘1162 (Supp. 1968), which grants six states jurisdiction over crimes
committed in all or part of Indian country within the state, except those locations
normally included under federal jurisdiction.

The Major Crimes Act, 18 U.S.C. ‘1153 (Supp. 1986), which applies to crimes
committed in Indian country, except for crimes committed in PL 280 states.

The General Crimes Act, 18 U.S.C. ‘1152, which applies to all crimes committed
by non-Indians against Indians in Indian country and subject to exclusive federal
jurisdiction regardless of the seriousness of the offense.
A summary of the federal, state, and tribal criminal jurisdictions in Indian Country is
provided in Exhibit IV-2.
EXHIBIT IV-2
SUMMARY TABLE OF CRIMINAL JURISDICTION IN INDIAN COUNTRY
Persons
Involved
Indian
Offender v.
Indian Victim
Indian
Offender v.
Non-Indian
Victim
Federal Jurisdiction
Tribal Jurisdiction
State Jurisdiction
Major Crimes Act. The U.S.
can prosecute 16 listed
offenses. Among these,
burglary, involuntary sodomy,
and incest are defined and
punished in accordance with
the state law; all others are
defined by federal statute.
Tribal courts may have
concurrent jurisdiction over
crimes under the Major
Crimes Act. For all other
offenses, tribal courts have
sole jurisdiction (except
where federal statute
specifically provides
otherwise).
None, except under PL
280 as amended or other
federal statute or by tribal
vote pursuant to 25
U.S.C.’1321. The tribe
may retain concurrent
jurisdiction.
Major Crimes Act
General Crimes Act
Assimilative Crimes Act
Tribal courts may have
concurrent jurisdiction over
crimes under the Major
Crimes Act. They do have
concurrent jurisdiction over
offenses that can be
prosecuted by the U.S. under
the General Crimes Act.
Except for major crimes,
tribes may preempt federal
prosecution. For any other
offenses (as defined by tribal
codes), tribal courts have
exclusive jurisdiction.
Same as above.
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Persons
Involved
Federal Jurisdiction
Tribal Jurisdiction
State Jurisdiction
The U.S. probably can
prosecute under the General
Crimes Act, as explained
above, or under the
Assimilative Crimes Act.
Same as above.
Same as above.
Non-Indian
General Crimes Act, plus a
Offender v.
substantive offense defined by
Indian Victim federal statute or a substantive
offense defined by state law
incorporated by the
Assimilative Crimes Act.
Tribal courts have no
jurisdiction to prosecute nonIndians, unless Congress
delegates such power to them.
Probably no state
jurisdiction except under
PL 280, as amended, or
with tribal consent
pursuant to 25
U.S.C.’1321.
Non-Indian
Offender v.
Non-Indian
Victim
No federal jurisdiction except
for distinctly federal offenses.
Same as above.
State courts have
jurisdiction over all
offenses defined by state
law and involving only
non-Indians.
Non-Indian
Offender
Victimless
Crime
General Crimes Act, plus a
Same as above.
substantive offense defined by
federal statute or a substantive
offense defined by state law
incorporated by the
Assimilative Crimes Act. The
law is still unclear on whether
federal jurisdiction is
exclusive or concurrent with
the state’s jurisdiction.
Indian
Offender
Victimless
Crime
State courts probably
have concurrent
jurisdiction with the U.S.,
although the law is
unclear.
(Adapted from the National Indian Justice Center Legal Series, Petaluma, CA.)
Structure of Tribal Justice Systems
The overall history, structure, and jurisdiction of American Indian justice systems have
been greatly affected by the experience of Indian Nations with the federal government.
As a result, tribal courts and victim response systems vary considerably. Some Indian
Nations have justice systems that mirror the structure of American courts, while others
have retained their indigenous justice forums. Some tribal courts have developed separate
court components, such as traffic, civil, small claims, family, and juvenile court divisions.
Most indigenous justice systems include victim-sensitive components in their structure.
Recently, more of the American style tribal justice systems have developed support
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services such as victim-witness services, probation departments, correctional alternatives,
and other programs to address the needs of victims and communities. Many Indian justice
systems are enhancing victim services with policy and protocol revision and
development.
Indian Nations continue to possess four key characteristics of their sovereign status:
1.
A distinctive permanent population.
2.
A defined territory, with identifiable borders.
3.
A government exercising authority over territory and population.
4. The capacity to enter into government-to-government relationships with other nationstates ( Valenia-Weber and Zuni, 1995).
Indian Nations retain the authority to determine the legal structure and forums to use in
administering justice and to determine the relationship of the legal structure with other
governing bodies. They also exercise personal jurisdiction over both member and
nonmember Indians, territorial jurisdiction over their lands, and subject matter
jurisdiction over such areas as criminal, juvenile, and civil matters. While limited by the
Indian Civil Rights Act in sentencing, Indian Nations have concurrent jurisdiction over
the felony crimes enumerated under the Major Crimes Act.
Tribal Justice Forums
The impact of federal Indian policies, Supreme Court decisions, and the historical trauma
of conquest, colonization, and modernization explains the variations in tribal justice
forums. Current tribal forums have in some way been affected by a combination of all
these influences. As a result, Indian Nations have developed tribal courts that are hybrids,
borrowing and implementing different approaches to administering justice (Vicenti,
1995). Since European contact, Indian Nations have struggled to retain their sovereign
powers, especially in maintaining the type of forums they use to address the internal
affairs of their people and communities. In many tribal communities, dual justice systems
exist, one based on an American paradigm of justice and the other based on an
indigenous paradigm. Varying combinations of the following forums outlined in Exhibit
IV-3 may be used by Indian Nations (Melton, 1998).
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EXHIBIT IV-3
TRIBAL JUSTICE FORUMS
Family and
Community
Forums
Traditional Courts
Courts of Indian
Offenses
Tribal Courts
Established by
unwritten customary
law and traditions.
Established by the
tribal council and tribal
religious leaders
according to unwritten
laws.
Established by the
Secretary of Interior
under Title 25, Code of
Federal Regulations
(CFR).
Established by the tribal
council, usually under
the authority of the
tribe=s constitution.
Subject only to the
authority of
traditional clan
systems and/or
family elders, based
on consensus of
participants.
Subject only to the
authority of the tribal
council and religious
leaders.
Subject to the authority
of the tribal council and
the Interior Department.
The council may adopt
ordinances or resolutions
affecting the CFR Court,
but the Interior
Department must
approve them.
Subject to the authority
of tribal council or law
and order committees.
Tribal constitutions may
require Interior
Department approval of
council ordinances or
resolutions affecting the
tribal court.
Procedures and
offenses defined
according to
unwritten, customary
laws, traditions, and
practices.
Procedures and
offenses defined
according to unwritten,
customary laws,
traditions, and
practices.
Procedures and offenses
defined in Title 25, CFR.
Judges may develop
Rules of Court for
conduct of hearings and
trials.
Procedures and offenses
defined by tribal council
in codes, ordinances, or
resolutions. Tribal
judges may develop
Rules of Court for
conduct of hearings and
trials.
Presided over by
family elders, chosen
elders, or adults from
the community or by
traditional tribal
officials
Judges are governors or
chief executive officers
of the pueblo who serve
without pay. They are
appointed by the pueblo
council, which is
composed of exgovernors and tribal
religious leaders.
Judges are appointed by
the Commissioner of
Indian Affairs, subject to
approval by the tribal
council, and are paid
with federal funds.
Judges may be elected
by the tribal membership
or appointed by the tribal
council if paid by the
tribe.
Decisions usually
cannot be appealed,
but matters may be
pursued through
formal tribal courts.
Appeals of decisions by
the pueblo governor are
heard usually by the
pueblo council.
Appeals of CFR Court
decisions may be heard
by an appellate court
composed of judges
appointed under the
CFR.
Appeals of tribal court
decisions may be heard
by a tribal appellate
court, composed of
judges, or by the tribal
council.
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Enhancing the Response to Crime Victims in Indian Country
There is a resurgence among Indian people to strengthen, reimage, and retraditionalize
their tribal justice systems, often within the context of restorative justice. Many
supporters of restorative justice recognize that it is an ancient philosophy that only
gained its impetus in mainstream society in the 1970s and 1980s, especially to deal
with young offenders (Bazemore and Umbreit, 1994).
In many Indian communities, tribal leaders, criminal and juvenile justice practitioners,
and policymakers, in collaboration with victim advocates, are assessing the impact of
violent crime and the tribal response to victim and witness needs. This self-assessment
has caused many Indian people to revisit and rediscover their historical and traditional
ways of dealing with crime and violence in their communities. It is important then to
understand what promise lies in the indigenous justice paradigm that is different from the
traditional criminal justice paradigm in mainstream society.
Indigenous Peacekeeping Systems
Indigenous peacekeeping systems involve a holistic approach that connects all the
affected persons on a continuum of shared and balanced power and responsibility. These
systems are based on customary laws, practices, and traditions that require the
involvement of the individuals in the conflict, their families, and, when necessary, tribal
officials. They use nonadversarial processes that facilitate discussion between people in
conflict in a safe environment that promotes resolution of underlying problems and
keeping relationships intact. The methods used are based on restorative, distributive, and
reparative justice concepts and principles of peace, healing, and living in harmony with
all beings and with nature. This group approach contradicts what is often considered an
adversarial system that is focused on the individual offender and limits participation to
strangers who have little or no investment in the offender, the victim, the community, or
the relationships involved. The paradigm differences are outlined in Exhibit IV-4.
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EXHIBIT IV-4
DIFFERENCES IN THE PARADIGMS OF JUSTICE
American Justice Paradigm
Indigenous Justice Paradigm
Vertical.
Holistic.
Communication is rehearsed.
Communication is fluid.
English language is used.
Native/tribal language is used.
Written statutory law learned from rules and
procedure, written record.
Oral customary law learned as a way of life by
example.
Separation of powers.
Law and justice are part of a whole.
Separation of church and state.
The spiritual realm is invoked in ceremonies and
prayer.
Adversarial and conflict oriented.
Builds trusting relationships to promote
resolution and healing.
Argumentative.
Talk and discussion are essential.
Isolates behavior, freeze-frame acts.
Reviews problem in its entirety; contributing
factors are examined.
Fragmented approach to process and solutions.
Comprehensive problem solving.
Time-oriented process.
No time limits on the process; long silences and
patience are valued.
Exclusive—limits participants in the process and
solutions.
Inclusive of all affected individuals in the process
and problem solving.
Representation by strangers.
Representation by extended family members.
Focus on individual rights.
Focus on victim and communal rights.
Punitive—removes offender.
Corrective—offenders are accountable and
responsible for change.
Prescribed penalties by and for the state.
Customary sanctions used to restore victimoffender relationship.
Right of accused especially against selfincrimination.
Obligation of accused to verbalize accountability.
Vindication to society.
Reparative obligation to victims and community,
apology, and forgiveness.
8 This chart represents differences noted by Ada Pecos Melton and Christine Zuni.
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Unique Victimization Issues in Indian Communities
Victimization issues in Native American communities need to be understood from
historical, political, economical, environmental, and social perspectives. The impact of
violence and victimization is not limited to individual victims but extends to families and
communities. Violence and victimization issues are not limited to current problems. The
impact of historical trauma and cultural oppression by the dominant society has greatly
contributed to the social problems existing in Indian communities today, including the
new crime phenomena presented by Indian gangs, sex offenders and the escalation of
violence against women. Acknowledgment of the historical experiences of Indian
Nations is an important factor in understanding how social problems occur and how they
can be addressed in tribal communities.
The following issues have been consolidated from various focus groups conducted with
Indian and non-Indian criminal and juvenile justice practitioners, policymakers, and
citizens by American Indian Development Associates from January 1997 to December
1998. This material provides a perspective of the range of issues that Indian justice
systems must address to meet the needs of Indian crime victims effectively.
Limited Resources for Victims. Most Indian communities are rural and geographically
isolated, which limit the resources that come into the community or that can be provided
by the tribal government. Generally, victims live in the same community as the offender
or perpetrator and are limited in their willingness and/or ability to relocate within or
outside their tribal community. Many victims lack financial and family resources to move
elsewhere; elderly victims are especially reluctant to leave. Victims= rights are
compromised when victims, rather than perpetrators, are the ones who are removed from
their community or are coerced to leave for safety and protection. This contributes to a
lack of confidence in the ability of the tribal response systems to provide public safety
and protection to citizens who are victimized. As a result, tribal citizens alienate
themselves due to the fear that their needs cannot be met on the reservation.
Inadequate Law Enforcement Services Diminish Victims’ Confidence in the System.
Lengthy police response time exacerbates victim trauma and injury. Inadequate financial
support for law enforcement services in Indian communities inhibits timely police
response to crime and provision of adequate assistance, protection, and safety to victims.
Many Indian Nations do not have “911” emergency response numbers available. These
conditions weaken the effectiveness of responses. As a result, witnesses and victims are
often reluctant to talk because there is time and opportunity for intimidation to occur
from the perpetrator.
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Limited Training for Service Providers. Often tribal police, social services, probation,
and other court-related service providers are not adequately trained in victim response,
and therefore are limited in their ability to identify specific needs and provide adequate
assistance to victims. Strained budgets limit the ability to provide ongoing specialized
training in such areas as sexual assault, child abuse, gang violence, and intimidation.
Lack of System Reliability. Victims often do not have confidence in the tribal system
response system due to the lack of infrastructure, such as protection codes, adequate staff,
facilities to hold offenders, or capacity to provide safe havens or shelters for victims. This
lack of confidence continually prevents victims from seeking help. As a result, many
suffer in silence and remain victims. System reliability is further hindered by the lack of
coordinated approaches and responses among the various tribal, state, and federal
governments that can become involved in victim-related cases.
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REFERENCES
Attorney General Guidelines. 1983. Washington, DC: U.S. Department of Justice.13.
Bazemore, G., and M. Umbreit. 1994. Balanced and Restorative Justice: Program
Summary. Washington, DC: U.S. Department of Justice, Office of Juvenile Justice and
Delinquency Prevention.
Gonzales, Alberto R. 2005. Attorney General Guidelines for Victim and Witness
Assistance. Washington, DC: U.S. Department of Justice.
Melton, A. P. November-December 1998. “Indigenous Justice Systems and Tribal
Society.” Judicature 79(3).
Office for Victims of Crime. August 1998. “New Directions from the Field: Victims’
Rights and Services for the 21st Century: Civil Remedies.” OVC Bulletin 17.
Washington, D.C.: U.S. Department of Justice.
www.ojp.usdoj.gov/ovc/new/directions/pdftxt/bulletins/bltn17.pdf.
Office for Victims of Crime. n.d. “Federal Assistance Division (formerly FCVD).”
Retrieved June 19, 2006, from www.usdoj.gov/ovc/welcovc/fcvd/welcome.html.
Valencia-Weber, G. and C. Zuni. 1995. Domestic Violence and Tribal Protection of
Indigenous Women in the United States, Chicago: St. John=s University Law Review.
Vicenti, C. November-December 1995. “The Reemergence of Tribal Society and
Traditional Justice Systems.” Judicature 79(3).
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Acknowledgments
The criminal justice portion of this chapter is excerpted from the “Crime Victims’ Rights
Handbook” developed by the Victims’ Rights Education Project, sponsored by the
National Victims’ Rights Constitutional Amendment Network (NVCAN) with support
from OVC, and written by Justice Solutions Senior Advisor Anne Seymour. In
developing this handbook, nine key sources were used for research and reference. The
authors are grateful for the excellent guidance that these documents provided.
Alaska Judicial Council. 1998. Criminal Justice Guide. Anchorage, AK.
American Probation and Parole Association. 1995. Crime Victims’ Handbook. Lexington,
KY.
New Hampshire Department of Corrections. n.d. Time in Prison. Concord, NH: State of
New Hampshire.
Seymour, Anne K., 1999, Victim Services in Corrections, Washington, DC : Office for
Victims of Crime, U.S. Department of Justice.
Seymour, Anne K., Mario Gaboury, and Christine Edmunds. 2000. “Dynamics of the
Criminal Justice System.” National Victim Assistance Academy Text. Washington, DC:
U.S. Department of Justice, Office for Victims of Crime.
Vermont Center for Crime Victim Services n.d. You Are Not Alone: An Informational
Guide for Victims and Survivors of Crime in Vermont. Waterbury, CT.
Virginia Department of Corrections. “Probation and Parole Frequently Asked Questions.”
Commonwealth of Virginia. www.vadoc.state.va.us/offenders/community/faqs.shtm,
accessed September 3, 2007.
Wisconsin Department of Justice Office of Crime Victim Services. 1992. Guide to
Victims’ Rights. Madison, WI.
Wyoming Office of the Attorney General. n.d.. Victim/Witness Handbook. Cheyenne,
WY.
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Chapter 5
Communication with Victims and Survivors
Nancy Lewis and Ann Jaramillo9
This chapter introduces a communications
framework in which to develop effective skills
NVAA Module 5
Learning
Objectives
for understanding and assisting victims of
crime. By developing an awareness of the
 Demonstrate use of active
various cultural styles of communication,
listening techniques.
victim service providers can strengthen their
 Differentiate between openskills in active listening and paraphrasing the
ended and close-ended
victim’s statements to build trust and to
questions.
demonstrate that he or she has been heard.
 Demonstrate use of five
Also addressed here are the many barriers
communication skills (i.e., active
that must be overcome to be effective in
listening, paraphrasing,
communication, including cultural barriers,
reflective listening, affirmation
program barriers, language barriers, and
and open-ended and closedemotional barriers. Communicating with
ended questioning) to establish
trust with a victim.
child victims calls for additional skills.
Communication in a victim needs assessment
is one specific area where the service
provider must be sensitive and alert to the
verbal and nonverbal communication from the victim.
COMMUNICATIONS FRAMEWORK
Victim service providers have an opportunity and a responsibility to advocate for victims
in the aftermath of a crime and throughout their involvement in the criminal or juvenile
justice system. Victim service providers must be able to communicate effectively with
crime victims and survivors, who may be in crisis and in a hypersensitive state, in order
to assess the situation and respond effectively to their needs. Victim service providers
who practice good communication skills are better able to help victims move forward and
reclaim the control they have lost as a result of their victimization. Poor communications
can further traumatize and revictimize the victim.
The goals of effective communication with crime victims are to:
9
The authors of this chapter are Nancy Lewis, Colorado Organization for Victim Assistance, Denver, CO;
and Ann Jaramillo, Introspect Consulting, Evergreen, CO.
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
Identify victims’ needs and attempt to meet them.

Explain the justice process and the role of the victim service provider and allied professionals.

Help victims to understand and exercise their statutory and constitutional rights in accordance with
the law.

Protect the safety of victims.

Provide information.

Obtain information.

Be sensitive to special needs or concerns.
Good communication requires that the message be sent and received as it was intended.
Thus, the victim service provider must use clear and concise language and provide
timely, accurate information to avoid misunderstanding and confusion. Good listening
skills must be employed to make sure the needs of the victim are identified and clearly
understood. This chapter offers communication concepts and techniques to help the
victim service provider communicate effectively.
SKILLS WITHIN THE COMMUNICATION FRAMEWORK
A victim service provider uses many skills within the victim services communication
framework, including:

Building trust.

Using active listening.

Understanding and overcoming communication barriers.

Conducting an effective assessment through observation and asking questions.
Building Trust
The experience of being victimized has the potential to turn every aspect of a crime
victim’s life into chaos and disarray. A common feeling reported by victims in the
aftermath of a crime is a loss of control. Because victims had no control over their
victimization, this sense of helplessness can persist into other areas of their lives and
create suspicion and mistrust of other people and of the criminal or juvenile justice
system in general. It is important for victims to begin to regain some control of their lives
and to develop trusting relationships with people who can help them cope with their
victimization, access support and services, and navigate through the criminal or juvenile
justice system. Victim advocates should attempt to develop a positive relationship with
the victim by establishing mutual trust.
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Many victims seek and obtain services from a variety of service providers who are both
system- and community-based. Collaborative casework requires collaborative
communications and management among service providers who share responsibility for
helping a crime victim. If victims are required to deal with new service providers as they
seek supportive services and navigate through the system, it is essential to ease the
transition from one victim service provider into a “new” relationship.
Tips for Building Trust with Crime Victims

Find out as much as you can about the individual victim and his or her
case before making contact. If this is not possible, take time to listen
closely to what the victim has to say.

Properly identify yourself (show your official identification) and explain
your specific role, what your agency or organization does, and how you
can help the victim.

Ask the victim how he or she would like to be addressed, i.e., by first
name, surname, etc. Then use the victim’s preferred name (and if the
communication is written, always check for the correct spelling).

Express empathy for what has happened.

Be aware of your own style of communication (e.g., tone, pitch, speed,
method, organization, what you say, and what you don’t say) to
determine if it is appropriate for the situation, and adapt it accordingly.

Pay attention to any assumptions and judgments you might be making,
and be aware of your nonverbal cues (such as eye contact, hand
gestures, etc.).

Take into account your posture, gestures, facial expressions, overall body
language, and appearance, which all affect whether victims sense they
are being listened to.

Be mindful of personal space and appropriate physical contact. Some
victims are not comfortable with hugging, while others welcome personal
contact. Service providers should always wait until or if a victim initiates
personal contact before returning it in a caring manner.
Having good information and being able to provide useful, relevant resources to victims
goes a long way in developing trust and increasing a victim’s confidence in the victim
service provider and the criminal or juvenile justice system. Victim service providers
should seek to:

Provide timely and accurate information. If such information is unable at the time of contact,
inform the victim that you will try to obtain it in a specified time frame and get back to them.

Know state laws and agency rules about victim privacy and confidentiality, inform the victim of
any such protections, and abide by them.

Explain the specific rules of privilege that may apply to communications with victims (i.e.,
disclosure requirements versus confidential communication between advocates and victims).
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
Explain the purpose behind the questions that you are asking. Provide as much information as
possible about how the case will proceed (or if the case is not prosecuted, about resources
available to the help the victim).

Explain to victims what their options are with regard to reporting a crime and participating in the
process. Help them to understand and evaluate their options and the possible consequences of
each decision.

Be sensitive to victims’ mental health and medical needs, and make appropriate referrals.

Explain crime victim compensation and help violent crime victims apply for it when they are
eligible.

If victims feel alienated as a result of their age, culture, race, religion, gender, or sexual
orientation, partner with a representative from the relevant community to improve the quality of
victim assistance.

In the role of advocate, never make promises that cannot be kept.
Building trust requires good communication skills, which can be practiced using these
basic techniques:

Active listening.

Paraphrasing.

Reflective listening.

Affirmations.

Observation and nonverbal communication.

Asking open-ended and close-ended questions.

Awareness of cultural styles of communication.
Active Listening
People normally speak at a rate of 100 to 175 words per minute, but they can listen
intelligently at 600 to 800 words per minute (Fowler, 2006). Since only a part of our
mind is paying attention, it is easy for our mind to drift. The cure for this is active
listening, which involves listening with a purpose. There is a real difference between
hearing and listening. Active listening assumes an understanding or comprehension that
hearing does not. This type of listening weighs and considers what is being said.
Some techniques to be a good active listener include:

Be attentive. Don’t fidget, daydream, or let your eyes wander when a victim is speaking to you.
Maintain eye contact, if culturally appropriate, to show that you’re interested in what is being said.

Take time to listen to the full story. When there is a pause in the conversation, ask questions or
offer gentle probes to clarify what is being said or to elicit more information.

If you have trouble concentrating on what a victim is saying, try repeating his or her words
mentally after you hear them. This will reinforce the speaker’s message and help you control
mind-drift.

Ask for clarifications or repetitions of statements to understand what the victim is saying.

Be willing to repeat information you are offering to the victim several times. Victims in trauma
may have trouble concentrating or understanding and remembering information.
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
Use silence to gather information. Silence gives victims time to think, and they may be better able
to provide additional information if they are allowed quiet time.

Listen without judgment. Many victims have already been stigmatized and marginalized. Show
understanding, concern, and caring.

Take brief notes. This demonstrates professionalism and concern and records important
information. Do tell the victim why you are taking notes and whether the notes are confidential.

Don’t talk. You can’t listen while you’re talking.

Don’t interrupt.

Don’t become flustered by victims’ anxieties or repetitions.

Don’t jump to conclusions, assume you know what the speaker is going to say before it’s said, or
put words in the other person’s mouth. You may be wrong.

Don’t react to anger or argue with victims.
Paraphrasing
What someone says and what we hear can be amazingly different. Our personal values,
filters, assumptions, judgments, and beliefs can distort what we hear. Paraphrasing is a
way of making sure you have correctly understood the victim. It is also a way of
identifying distinct issues. Paraphrasing demonstrates that you are trying to understand,
to the degree possible, what the victim is feeling. Paraphrasing involves stating back in
your own words what you understood the victim to say, not parroting the victim’s words.
This tests your own comprehension and avoids misunderstandings that could lead to the
victim’s loss of confidence in you. Paraphrasing enables the victim to feel heard and to
clarify anything you may have misunderstood.
Techniques for effective paraphrasing include the following:

Listen to the speaker carefully. Search for key words, phrases, and concepts.

Make mental notes.

Repeat what the speaker has said, using your own words, and being careful not to change the
meaning.

Use paraphrasing before moving on to another subject.
Begin paraphrasing with such words as:

“So what I hear you saying is …”

“In other words …”

“What I understand you are saying is …”

“If I hear you correctly …”
Reflective Listening
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Reflective listening is similar to paraphrasing, except that the point is not to summarize
what the speaker is saying, but to know and show that you understand how he or she is
feeling through the words that are being used. When a victim is upset, it is very
important for the victim service provider to simply understand the emotions that the
victim is feeling. This validates that how the victim is feeling is “normal” and helps
victims to feel more connected because they are understood. This does not mean that you
should tell victims how they should feel.
To reflect the victim’s feelings, victim service providers can:

Listen to the speaker carefully.

Make a mental note of key points.

Be willing to listen to victims share their experiences if they want to talk about the crime and its
effects, and validate that experience with empathy and support.

Reassure victims that their feelings are quite natural, even though they may seem unusual at the
moment. Let them know that feelings of anger, distress, guilt, frustration, fear, etc. are not
uncommon and are perfectly justifiable.
Examples of reflections include the following:

“What you are experiencing is perfectly acceptable, given what you’ve been through.” (NOTE:
Many professionals do not like the use of “normalization,” as many victims do not feel normal,
and telling them it’s “normal” appears to be patronizing.)

“That must make you feel …”

“It sounds like you are really feeling …”

“If I were in your shoes, I might have concerns about that also.”

“I can see why you’re feeling …”
Affirmations
Affirmations are statements that recognize and validate a victim’s strengths. They include
acknowledgment that the victim has been harmed and help to build the victim’s
confidence in his or her ability to persist. Affirmations must be congruent and genuine to
be effective and to avoid sounding patronizing. Some examples of affirmations include:

“You’ve been through something very terrible; I’m so sorry.”

“I think it is great that you want to do something about this situation.”

“I appreciate how hard it must have been for you to decide to …”

“That must have been difficult for you.”

“You’re certainly a resourceful person, to have been able to …”

“That’s a really good question.”

“That is a good decision.”

“You took a big step.”
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“It must be difficult for you to accept a day-to-day life so full of stress.”

“I must say, if I were in your position, I would find it difficult too.”

“You certainly have to cope with a lot of problems right now.”
Observations And Nonverbal Communication In Assessing Victim Needs
Victim service providers respond to the needs of the victim in a variety of situations
including but not limited to the scene of a crime or shortly thereafter; answering the hot
line at a victim assistance center; providing support in the courtroom; or providing
corrections-based victim services. In all of these situations, the victim service provider
must have the skills required to determine a course of action to respond to the specific
needs of the victim. Assessment skills include listening, observing, and asking relevant
questions.
Observations
When observing any situation
involving victims of crime, a
provider needs to be aware of the
entire situation (e.g., is the
situation safe? Is the victim
coping enough to function?).
Much of the information a service
provider receives will be through
nonverbal communication.
EXHIBIT V-1
VERBAL AND NONVERBAL
COMMUNICATION
Nonverbal Communication
The words we use are only a small percentage of communication. As
Exhibit V-1 shows, only about 7 percent of all communication is verbal; of
the remaining 93 percent, 38 percent is vocal and 55 percent is facial
Mehrabian and Ferris, 1967;
Ekman and Friesen, 1969).
(
Nonverbal behavior can communicate respect and concern and can
increase both your comfort level, as well as the victim’s comfort
level.
Nonverbal communication is important because:

It affects how we understand others and how they understand us.

Sometimes there are differences or inconsistencies between verbal communication and nonverbal
expression. Victim service providers need to be aware of these inconsistencies in themselves as
well in as others.
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Some aspects of nonverbal communication include:
Physical space. This describes the specific amount of space with which an individual
finds a comfort zone. A person’s culture often dictates a preference for less or more
space, which can also be affected simply by the impact of victimization.
Many victims prefer a bit of physical space between themselves and the person to whom
they are talking. The range of victims’ comfort zones can be easily accommodated by
having a narrow desk or table that provides clear space but that can be easily be reached
across should it be warranted. Many victim advocates and counselors also use chairs on
rollers so they can easily move closer to the victim.
Personal touch. A general rule of victim assistance is never to touch a victim unless the
victim specifically invites such a gesture, either by physically reaching out to the
advocate, putting his or her hand forward, or offering some other clear physical invitation
that personal touch is acceptable and even desired.
Culture weighs heavily on a person’s comfort with personal touch. For example, many
Asian cultures consider personal touching to be aggressive behavior and an invasion of
personal space.
Through body language, an advocate can make a victim aware that personal touch is
available but only if the victim so desires. A firm and warm handshake upon greeting,
physically leaning forward while speaking, and having one or both hands on the table
slightly extended forward are all clear nonverbal signs that if the victim wants to initiate
personal touch, it will be accepted and welcomed by the advocate.
Position of the bodies and body orientation. Proximity between a victim and advocate is
critical to successful communications, both verbal and nonverbal. The most important
rule is to seek mutual positions where eye contact, if warranted, can be easily achieved
horizontally without either party having to look up or down. A victim should always be
given the choice to sit or stand and, if he or she prefers to sit, the option of choosing the
seat.
The advocate’s physical position (or posture) should promote a clear interest in and
receptivity to what the victim is doing or saying. This can include sitting up straight but
slightly leaning forward and having one’s hands slightly forward in a comfortable
position, either on one’s lap or on a table.
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If a victim is uncomfortable with his or her proximity to the advocate, the advocate can
look for physical signs of discomfort or distress: movement of the legs; finger tapping;
physical rocking of the body; attempts to create greater physical distance, or aversion of
the gaze or direct eye contact. If distress is evident, the advocate can step back, lean
back, or slightly move his or her chair back.
Eye contact. A victim’s preference or disdain for direct eye contact can be based on
personal upbringing and mores, cultural nuances, or simply the emotional impact of
victimization, which sometimes precludes direct eye contact in nonverbal
communications. While eye contact often helps facilitate effective communications and
expresses a strong interest in what the other person is saying, it can also be a strong
barrier to personal communications with victims who are uncomfortable with direct eye
contact.
One effective approach to determining the parameters of direct eye contact is to look in
the direction of the victim’s upper body and/or head without forcing direct eye contact.
This sends a nonverbal signal that it is within the victim’s control to initiate direct eye
contact if desired. The choice to initiate direct eye contact then becomes the victim’s.
Facial expressions. With human beings, the face is more highly developed and capable
of expression than in animals, which can be a benefit or a barrier to effective
communications. Some people tend to become creatures of habit with their facial
expressions, habitually developing clear, distinct looks for shock, distress, frustration,
and disbelief, as well as for empathy and understanding.
Victim advocates can benefit from practicing their facial expressions in the mirror or
videotaping themselves in an exercise with another advocate who plays the role of a
victim. Either approach promotes self-examination and critique that can eliminate any
inappropriate facial expressions and allow practice of expressions that denote respect,
empathy, and attention to what is being said.
Gestures. While many hand gestures are culturally driven, some are universally accepted
as signs of welcome and respect. For example, holding your hands vertically, facing
slightly upwards, shows that you welcome and embrace two-way communications.
Holding your hands parallel to your chest, raised upward and slightly forward,
emphasizes a point from either the speaker or listener. And the simple act of leaning
forward with your hands on your lap or on the table says, “I’m listening to what you’re
saying.”
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Appearance. Victim advocates should always strive to look professional, regardless of
the work environment. Whether dressed up or completely casual, it’s always important
to appear professional. This requires attention to details in clothing and basic matters of
hygiene, such as clean teeth and fresh breath, manicured hands, neat hair, and clean
clothes that are not wrinkled.
Below is a partial list of gestures associated with an emotion or behavior, which have been provided by
James J. Messina and Constance M. Messina (2006). This list can give victim service providers some idea
of what a victim may be experiencing by observing their gestures. However, it is important for victim
service providers to verify their observations by asking victims what they are experiencing (for example,
“Are you feeling like your life is out of control?”).

Openness, confidence:







Unbuttoning or removing jacket (men)
Eye contact
Smile, leaning forward, relaxed
Hands away from face, possibly behind back
Standing straight, feet slightly apart, shoulders squared
Cooperation, readiness:










Open hands, palms up
Standing with hands on hips, feet apart, head tilted
Uncrossed legs
A person moves closer to another
Unbuttoned coat (men)
Head cocked, finger to face, blinking or squinting
Welcoming handshake
Open arms or hands (palms out)
Smile (culturally sensitive)
Eye contact (culturally sensitive)
Doubt:






Pacing
Eyes closed
Brow furrowed
Frown
Rubbing eyes
Hand to face gestures (evaluative)
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


Folded arms, moving away from another
Crossed legs
Lack of eye contact (culturally sensitive)
Hand covering mouth
Frown
Scrunching in with head down
Stolen look, sideways glance
Sideways positioning
“Poker face''
Deception indicated by lack of eye contact
Anxiety gestures
Looking at floor
Frequent swallowing
Wetting lips
Throat clearing
Need for reassurance:







Scratching head
Suspicion, secretiveness:
















Pacing with head down and hands behind the back or just standing
Clenched hands with thumbs rubbing
Stroking arms
Cuticle picking
Hand pinching
Sucking on pen, glasses, etc.
Touching chair before sitting
Anxiety:








Nail biting
Finger movement
Sighing
Hand wringing
Rapid, twitchy movements
Clearing throat
Tremors, especially knees
Heavy breathing
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




Rapid eye movement
Rigidity
Making fists
Hands on hips
Stomping
Sitting on edge of chair (ready for action)
Chin out
Kicking the ground
Lips pressed together, jaw muscles tight
Running fingers through hair
Rubbing back of neck
Hands in pocket
Clenched hands with white knuckles
Pointing or jabbing
Hot under collar
Putting out cigarette, especially if with grinding motion
Change in skin color
Hostile stare
Defensiveness:











Lips quivering
Frustration, anger:

















Voice strained
Hands in pocket
Hands behind back
Clenched hands
Men with jackets button up
Folded arms (can be reinforced by making fists)
Crossed legs
Body twisted away, moving away, sitting back
Head tilted forward, possibly squinting
Stalling for time by cleaning glasses, rearranging, etc.
Hand rubbing back of neck.
Self–control, inner conflict:


Hand holding wrist or arm
Arm locked behind back
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




Locked ankles
Gripping arms of chair as in dentist's chair
Suppressed gestures or displacement activities such as fist clenched hidden in pocket
Hand to mouth in astonishment or fear (suppressed scream)
Hand rubbing back of neck, running fingers through hair (displaced hitting out), “stiff upper
lip'' or reacting as little as possible
Blowing nose and coughing (disguised tears)
Asking Open-ended and Closed-ended Questions
Asking questions is often the best way to assess a victim’s needs. Questions let the victim
know that you are interested in helping him or her, and they involve the victim in his or
her own assessment. This tends to build the connection with the victim that is so critical
to the victim service provider’s ability to do his or her job and to the healing process for
the victim. Because the objective of asking questions is to gather information relevant to
assessing the situation and respond to the needs of the victim, care must be taken to ask
the type of questions that illicit the most information. In these circumstances, it is highly
inappropriate to ask questions simply out of curiosity.
There are two types of questions: close-ended and open-ended. Both are useful if victim
service providers understand what each is and how each is used to obtain the information
they are seeking.
Close-ended questions typically require a brief “yes” or “no” response and are best used
to find out a specific piece of information or to clarify a specific point of discussion, but
rarely anything more. They can also be used to minimize the discussion and focus on a
specific fact. Examples of close-ended questions include:

“Are you in a safe place?”

“Do you want me to call anyone for you?”

“Would you like something to drink?”

“Would you like to attend the parole hearing?

“Would you like help filling out the application for victim compensation?”
Open-ended questions cannot be answered with a “yes” or “no” response. They allow the
victim assistance provider to get more information and to expand the discussion. Openended questions also require the victim to offer a more thorough response that requires
deeper consideration and thinking. Typically, they begin with how, when, what, where,
why, or with tag lines like, “Tell me about . . .”
A word of caution: questions beginning with “why” tend to denote judgment, so it is best
to avoid them when working with victims.
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Open-ended questions encourage victims to take the lead in the conversation, to talk
about what is important to them, and to share important information. Allowing the victim
to take the lead tends to help build trust and rapport because it demonstrates an interest in
the victim. Examples of open-ended questions include:

“How safe are you feeling now?”

“What would you need to feel safe right now?”

“Is there anything else you can tell me?”

“What special concerns do you have that I can help you address right now?”
While observing and carefully asking questions, the responsibility of the service provider
is to:

Elicit information that assesses the victim’s primary needs and concerns and that can help develop
an appropriate and effective case plan.

Provide victims of crime with a measure of safety and security.

Allow victims to ventilate and have their experiences validated.

Assist primary and secondary victims to stabilize their lives after victimization.

Help victims to understand and access supportive services that can help them cope in the aftermath
of victimization.

Help victims to understand and participate in the criminal or juvenile justice system.
The victim service provider must be able to quickly assess the situation and the victim’s
needs in order to determine the appropriate course of action to meet those needs, which
may include safety and security for the victim and family members, medical care, mental
health counseling, family assistance, applications for victim compensation, emergency
housing, transportation, translators/interpreters, child care, victim/witness protection,
information, or other services.
Some factors for the victim service provider to consider are:

Is the victim stable? What is the victim’s:





Current sense of safety and security?
Ability or capacity to cope?
Current level of functioning?
What does the victim need?


Emotional state?
What basic services does the victim need help getting?
Does the victim have a social support system?

If “yes,” the service provider and victim can work together to engage the victim’s support
system, if needed and with approval from the victim.
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
If “no,” the service provider can help the victim develop a social support system through
referrals for services, mental health interventions, and victim support groups.
Awareness of Cultural Styles of Communication
The changing demographics in the United States make it incumbent upon victim service
providers to know more about the populations that make up the communities they serve.
Victim service providers are likely to work with victims from many cultures, which
include many different backgrounds and lifestyles. Cultural diversity includes the
following demographics:

Gender.

Age.

Ethnicity.

Race.

Sexual orientation.

Educational background.

Religion.

Physical/mental ability.

Military/veteran status.

Lifestyle.

Immigrant status.

Political affiliation.

Socioeconomic status.

Geography (urban, suburban, rural, remote, and frontier).
By acquiring an awareness of cultural communication styles (i.e., how people express
themselves, how they display emotions, and how they deal with crisis and conflict),
victim service providers can adapt their own communication style to accommodate that
of the victim.
Suggestions for increasing awareness of cultural styles include the following:

Learn about different cultures from your clients.

Take advantage of available resources (i.e., books, articles, films, music, etc.) to learn more about
different cultures and their histories. There is much information available on the Internet. A word
of caution: be aware that there are many negative stereotypes about cultural groups. Be willing to
validate the information you are getting to avoid stereotyping anyone.

Attend cross-cultural communications training.

Learn how different cultures deal with crises and acquire support when in crisis (i.e., through
elders, nature, spirit, clergy, etc.) to be able to make helpful and relevant referrals.
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
Learn how cultures communicate nonverbally. Some cultures do not make eye contact because it
is considered disrespectful. In some cultures, a smile communicates that the person is embarrassed
or does not understand and is afraid to ask questions. In other cultures, smiles signal superficiality
and thoughtlessness.

Learn how different cultures react to conflict. In some cultures, conflict is dealt with directly,
while in others open conflict is experienced as embarrassing or demeaning.

Listen actively and carefully when interacting with victims from different cultures. Again, check
out any assumptions you draw from your observations.

Build relationships with individuals from different communities that can be used as a resource for
learning about cultural norms and nuances and validating any information you are acquiring about
their culture. These important contacts can also serve as gatekeepers to diverse communities and
promote collaborative efforts that improve victim assistance within all cultures.
COMMUNICATION BARRIERS
Victim service providers must do everything in their power to become aware of and
overcome any communication barriers that might exist in their relationships with crime
victims. Barriers to communication include, but are not limited to:

Cultural differences between providers and victims.

Programmatic barriers, such as lack of adequate training.

Physical barriers, such as the geographical distances some victims must travel to
access services.

Language barriers.

Barriers due to disabilities.

Barriers created by a victim’s inability to focus because of a high level of emotion
or posttraumatic stress.
Cultural barriers that might impede good communication with crime victims include:

Distrust of certain professions (i.e., law enforcement, clergy, and attorneys).

The victim service provider’s assumptions and judgments due to a lack of understanding of
different cultures.

The role of the family (i.e., sharing intimate information outside of the family about a crime may
be frowned on in certain cultures).

Cultural mores that emphasize loyalty to a group over an individual.

Cultural indications of shame with respect to victims.

Variations among cultures in the grieving process.

Prejudice, either conscious or unconscious, on the part of the helping individual.

The victim’s perception of what is private and must not be shared outside of the culture.

Distrust of the criminal or juvenile justice system because of culture or previous experiences that
members of a culture have had with the system.
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
Fear of immigration and deportation issues.

Differences in the American criminal justice system and the justice system in the victim’s country
of origin.

Culture of gender-based passivity.

Different religious beliefs (e.g., burial practices and rites, choices to seek counseling).

Disenfranchisement for various reasons (e.g., extreme poverty, illness, isolation).
Efforts that victim service providers can make to address cultural barriers that impede
communication with crime victims include:

Participate in inclusiveness training.

Be aware of your own values and biases. Learn to recognize your own “hot spots” and develop
ways to manage them so they won’t affect your communications.

Pay attention to your nonverbal communication. Many times, people communicate one thing
verbally and another thing nonverbally. Often, someone will react not to what you say, but to how
you say it and convey it.

Pay attention to your words. Words convey values, judgments, and biases. Try to choose words
that are neutral. Learn about words that are unique to specific cultures, as well as words that are
culturally-appropriate and culturally-offensive.

Avoid false assumptions that you have qualities or attitudes in common with victims (e.g., a
victim service provider who has been victimized in a similar way assuming that the victim is
having the same experience).

Always show respect for victims even though you may not agree with their norms, values, and
perspectives.
Programmatic barriers that might impede good communication with crime victims
include:

Lack of diversity among victim services staff.

Language barriers.

Absence of outreach to different populations about victims’ right and services.

Lack of training and cultural competence to develop skills and preparedness so victim service
providers can address the needs of populations served.

Poor understanding of service providers’ roles.

Agency policies that are in conflict with specific cultures or neglectful of specific needs.
Efforts that victim service providers can make to address programmatic barriers that
impede communication with crime victims include:

Develop a culturally diverse staff.

Identify populations in the community that are challenging to serve.
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
Assess and address the general needs of victims from populations in the community that are
challenging to serve (for example, make sure that space is available in secure victim/witness
waiting rooms for victims from family-oriented cultures who might want to involve a large
number of family members in court proceedings).

Evaluate the staff’s cultural competence for assisting underserved victim groups.

Determine ways in which agency policy can change to better serve target groups.

Form a partnership with culturally diverse individuals and agencies to engage their assistance in
serving victims from their communities.
Physical barriers that might impede good communication with crime victims include:

Location of service providers.

Geographic barriers that prevent victims from seeking or accessing services due to the distance
they must travel or lack of public transportation.

Victims’ isolation and lack of awareness of services in rural or highly urban areas.

Victims’ lack of transportation.

Victims’ lack of a telephone.

Poor access to service providers’ offices for people with disabilities, such as lack of a TTY or
wheelchair ramps.

Elderly and child victims who are dependent on others for access to services.
Efforts that victim service providers can make to address physical barriers that impede
communication with crime victims include:

Assess transportation needs for victims in rural communities and explore alternate ways to
communicate where possible.

Increase awareness of your agency’s service in communities that are highly rural, remote, frontier,
or urban.

Make sure that a TTY is available and that victim service providers are trained to use it.

Consider outreach to victims that brings services directly to them where they live or work, using
both professionals and volunteers.

Promote use of videoconferencing for parole hearings that allows victims to participate and give a
victim impact statement from a remote location (that is often selected because it is close to their
homes).
Language barriers that might impede good communication with crime victims include:

Victim assistance literature and information that is available only in English.

No translator available for non-English-speaking victims.

Victims whose first language is not English.

Victims using a child, other family member, or friend to translate.
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Terminology used in the criminal or juvenile justice system that does not translate accurately to
the language of the victim.

Victims speaking English with a heavy accent.

Victim service providers not addressing the victim directly, speaking instead to a translator or a
third person.

Literature, forms, and other victim assistance resources not available in other languages.
Efforts that victim service providers can make to address language barriers that impede
communication with crime victims include:

Make efforts to translate victim assistance literature into any languages other than English that are
predominant in the community.

Make sure a skilled professional translator is available.

Never use child victims or other family members to translate.

Listen carefully and patiently to victims who speak with a heavy accent. Ask for clarification
when needed.

Speak directly to the victim, not the translator.

Hire staff with different language skills.
Barriers due to disabilities that might impede good communication with crime victims
include:

No ASL interpreter available for hearing-impaired victims.

Victim service providers not facing a victim who relies on lip-reading for information.

Brochures and other information not available in Braille.

Buildings and related facilities (such as transportation and parking) that are not in compliance with
the Americans with Disabilities Act (ADA).

Transportation not available for victims with physical disabilities.

Victim service providers and others who shout to sight-impaired victims or victims with other
disabilities.

Victim service providers not addressing a victim with a disability directly, speaking instead to an
interpreter or a third person.

A victim service provider who displays obvious discomfort with the victim’s disability.

Difficulty understanding victims with speech impairments.
Efforts that victim service providers can make to address barriers due to disabilities that
impede communication with crime victims include:

Assess your agency’s compliance with the Americans with Disabilities Act (ADA). The ADA
Web site, which includes many resources that can help with such an assessment, can be accessed
at: www.usdoj.gov/crt/ada/adahom1.htm.
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
Make sure an interpreter is available.

Speak directly to the victim, not the interpreter.

Make sure that facilities and transportation services can accommodate people with disabilities.

Be sure your mouth is clearly visible when speaking to victims who lip-read. Do not eat, smoke,
chew gum, turn away, or cover your mouth when speaking.

Be aware that lip-reading and listening are tiring for many persons. Avoid long monologues.

Make sure that literature and forms are available in Braille.

For victims who use guide dogs, do not touch, feed, pet, or play with the dog.

Listen carefully to victims with speech impairments. Don’t try to rush them. If you don’t
understand, ask for clarification. Repeat key pieces of information to make sure you understand.
Barriers to communication arising from a victim’s inability to focus due to a high level
of emotion or posttraumatic stress include:

Victims expressing anger, distress, frustration, or fear.

Victims experiencing high levels of anxiety.

Victims reexperiencing the trauma in the telling of their victimization or its effect on them.

Victims’ lack of trust in you and/or the criminal or juvenile justice system.

Victim service providers’ emotions triggered by the stress of the victim.
Efforts that victim service providers can make to address barriers created by a victim’s
inability to focus due to high level of emotion or posttraumatic stress include:

Recognize that strong emotions are often a direct result of a victim’s level of trauma.

Allow the victim to select the time and place of the interview or meeting.

Attempt foremost to communicate trust, support, and confidence.

Calm and comfort the victim.

Allow victims time to tell what happened and describe how they are feeling in their own words.

Give the victim back the control the offender took away by letting him or her decide when and
where to talk.

Reassure the victim that his or her feelings are acceptable (except any feelings that include
revenge or suicide ideation).

Let the victim know that any feelings of anger, distress, frustration, and fear are not uncommon
and are justifiable.

Be willing to repeat information several times, as well as to listen to a victim who repeats
information or questions.

Be willing to listen to victims who share their experiences if they want to talk about the crime and
its effects, and validate their experience with empathy and support.

Have an information and referral system—with names, addresses, telephone numbers, e-mails, and
Web sites and pages—to determine appropriate referrals.
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
Offer to make referral calls and contacts for further information and victim support to help
facilitate connections between the victim and appropriate services.

Don’t avoid the victim or avoid listening to his or her reactions to a crime. Listening and
validating those experiences and emotions are critical to victims’ reconstruction after a crime.

Don’t expect to be a psychotherapist or to know all the “right” answers.
Many communications with victims occur by telephone or in writing through mail or email. Techniques for effective telephone communications include the following:

Use a proper greeting to the victim, asking how he or she would like to be addressed.

Maintain a friendly, calm tone of voice.

Listen without interrupting or assuming you know what the victim is going to say.

Do not attempt to multitask. Give the victim your full attention.

Check to make sure you clearly understand the victim’s key concerns or problems.

Ask questions for clarification.

Provide as much detail as the victim requires.

Avoid technical jargon.

Match the victim’s communication style in tempo and tone.

Give the victim choices of several actions or solutions and help him or her understand possible
outcomes or consequences of those choices.

Close the conversation by asking if anything further can be done.

Thank the victim for taking time to speak with you.
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Techniques for effective written communications include the following:

Inform the victim of how written communications will be delivered to them:



Ensure that delivery of written information will not jeopardize the victim’s safety.
Arrange for an alternate delivery address if there are any safety or privacy concerns.
Describe or show the envelope in which such information will arrive so the victim will not
fear or avoid opening it.

Use the proper spelling of the victim’s name.

Use clear, concise words, and avoid technical jargon.

Provide an appropriate level of detail. Too little information is not useful, while too much
information can lead to confusion.

End each written communication by providing your contact information for further assistance and
by thanking the victim.

With e-mail communications, it is important to maintain the same level of formality and
professionalism that is used for other forms of written communication.
COMMUNICATING WITH CHILDREN

Realize that children tend to regress emotionally during times of stress and act younger than their
age. For example, eight-year-old child victims may suck their thumbs.

Use language appropriate to the victim’s age and cognitive development and the language that the
child victim has used. For example, use the language a child sexual assault victim has used to
describe what happened to him or her. Avoid baby talk.

Because young children often feel they may be blamed for problems, assure preschool and
elementary school-age children that they have not done anything wrong and they are not in
trouble.

Be consistent with the terms you use, and repeat important information often.

Ask open-ended questions to make sure child victims understand you.

Use care in discussing sexual matters with preadolescent and adolescent children, as their
embarrassment and limited vocabulary can make conversation difficult for them. At the same
time, do not assume that victims, including elementary school-age children, are as knowledgeable
about sexual matters as their language or apparent sophistication might indicate.

Maintain a nonjudgmental attitude and empathize with young victims. Because elementary schoolage children are especially affected by praise, compliment them frequently on their behavior and
thank them for their help.

Remember the limited attention span of children. Be alert to signs that victims are feeling tired,
restless, or cranky. When interviewing preschool-age children, consider conducting a series of
short interviews rather than a single, lengthy one. Also, consider postponing the interview until the
victim has had a good night’s sleep. However, do not wait too long before interviewing preschoolage children, because victims at this age may have difficulty separating the events of the
victimization from later experiences.

Encourage preschool-age children to play, as it is a common mode of communication for them.
You may find that as children play, they become more relaxed and thus more talkative.
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
Limit the number of times that child victims must be interviewed. Bring together for interviews as
many persons from appropriate public agencies as possible, including representatives from the
prosecutor’s office, child protective services, and the medical/health care community.

Include victims, whenever possible, in decision making and problem-solving discussions. Identify
and patiently answer all their questions. You can reduce victims’ insecurity and anxiety by
explaining the purpose of your interview and by preparing them, especially elementary school-age
children, for what will happen next.

Show compassion to victims. Children’s natural abilities to cope are aided immensely by caring
adults.

In sexual abuse cases, although the immediate victim is the child, do not forget to comfort the
nonoffending parent(s). Provide referrals regarding how they can cope and what they can expect,
as well as suggestions on how they can talk to their child.

Use professionals such as forensic interviewers and other child advocates from local child
advocacy centers. Information about more than 500 Children’s Advocacy Centers is available
from the National Children’s Alliance at: www.nca-online.org/pages/page.asp?page_id=4028

.
WRITTEN RESOURCES FOR CRIME VICTIMS
It is important for agencies and organizations that serve victims to have written resources
readily available that are clear, concise, and easy to understand. Written resources
include forms, brochures, fact sheets, and other materials that are available in both paper
and electronic formats (on Web sites and through listservs and discussion groups).
When providing victims with written resources, it is important to recognize that they may
not read them immediately; even if they do, their level of trauma may prevent them from
fully comprehending the written word. It is essential to explain the contents of all written
resources verbally and to follow up with victims to see if they have any questions or
require additional explanation or information.
Some basic guidelines for developing written resources include the following:

The resources should be written at a sixth-grade level.

Avoid jargon or acronyms that are confusing to victims.

It is helpful to have available:




A list of “Frequently Asked Questions” (and answers) that contains basic information that
correlates to victims’ most common concerns.
A description of criminal or juvenile justice processes, as well as the range and types of
victim assistance services that are available.
A glossary of terms that explains terminology, jargon and acronyms most commonly used in
victim assistance and justice processes.
Written materials that include a list of toll-free telephone numbers for victim assistance and
Web sites that victims can access to obtain more information.
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
Efforts should be made to provide written resources in the languages that are most prevalent
in an organization’s community, as well as in Braille.
The victim service provider works foremost to lessen the impact of the victimization by
identifying the needs of victims and their families and helping them meet those needs. To
achieve this, an accurate assessment must be made of the victim’s safety, functionality,
and coping skills. Observing nonverbal cues and assessing the victim’s physical
environment are important ways of gathering information, however much of the
information will be obtained through asking effective questions.
Good communication and assessment skills, as they apply to victim services, are learned
over time. Every situation, every crime, and every crime victim is different. As long as
the victim service provider’s goal is to assist the victim and to ensure that victims’ rights
are enforced so that the victim can move toward healing, the victim service provider’s
skills will improve over time and with each victim encountered.
The Office for Victims of Crime has produced a 13-minute educational videotape entitled
“Listen to My Story: Communicating with Victims of Crime.” It includes a detailed
discussion guide about how to identify and overcome barriers to communicating with
victims. For information about how to order the videotape and discussion guide, please
visit www.ovc.gov/publications/infores/other.htm.
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REFERENCES
Ekman, P., and W. V. Friesen. 1969. “The Repertoire of Nonverbal Behavior:
Categories, Origins, Usage, and Coding.” Semiotica 1: 49–98.
Fowler, K. 2006. “Active Listening, Hear What People Are Really Saying.” Retrieved
November 2, 2006, from www.mindtools.com/CommSkll/ActiveListening.htm.
Mehrabian, A., and S. Ferris. 1967. “Inference of Attitudes from Nonverbal
Communications in Two Channels.” Journal of Consulting Psychology 31: 3,
248-252.
Messina, J., and C. Messina. 2006. Tools for Coping Series. Retrieved November 2,
2006, from www.coping.org.
Murray, M., M. Hook, and A. Seymour. 2005. Listen to My Story: Communicating with
Victims of Crime, Video Discussion Guide. Retrieved October 20, 2006, from
www.ojp.usdoj.gov/ovc/pdftxt/listen_to_my_story_vdguide.pdf.
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Chapter 5 COMMUNICATION WITH
VICTIMS AND SURVIVORS
SPECIAL TOPICS SUPPLEMENT: CHILD VICTIMIZATION
Learning Objectives
Upon completion of this chapter, students will understand the following concepts:

The types of child abuse and neglect most commonly reported.

The short- and long-term emotional consequences of children who witness or
experience victimization.

A multi-disciplinary approach to administering victim services for child abuse.

Promising practices that improve services to child victims and witnesses and their
families.
Introduction
So long as little children are allowed to suffer, there is no true love in the world.
-- Isadora Duncan
Every day children in America are beaten, sexually abused, and murdered--frequently by
members of their own family or family friends. Children not targeted for physical acts of
victimization may have to endure emotional abuse and neglect or suffer the trauma that
the experience of domestic violence inflicts on their lives. Forced to deal with pain,
humiliation, anger, and fears that even adults would find hard to face, abused children are
not only robbed of their childhood happiness, innocence, but trust in the good intentions
of their kindred relations. Devastating long-term effects of child abuse may wreak havoc
in their adult lives, particularly in their abilities to maintain healthy relationships with
others.
Convincing evidence has accumulated throughout the 1990s that many abused children,
without therapeutic intervention, are at risk of growing up to become abusers or
candidates for serious re-victimization. Surveys of battered women, sexual assault
victims, and incarcerated felons all demonstrate surprisingly high rates of child abuse
among the participants along with ineffective or self-destructive coping strategies in
dealing with adult challenges.
Critical to the eventual well-being of victimized children is not only the prompt
identification of their abuse and appropriate measures taken to ensure their safety but also
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sensitive assessments of their physical and mental health, and emotional and
psychological support when and if they must negotiate the criminal justice system.
Victim service professionals must arm themselves with a thorough understanding of the
problem of child victimization; be knowledgeable about the "cutting-edge" programs and
strategies that have been developed to assist child abuse victims; understand and utilize
the resources that have been designed to meet the emerging needs of child victims and
their families; and work in collaboration with allied professionals on child abuse
prevention and intervention initiatives.
This chapter seeks to bridge the gap of understanding between what is happening on a
federal level concerning Child Victimization and a state level concerning Tennessee. It is
vital for those working with victims and their families to understand the relationship
between federal initiatives and those that are currently established in Tennessee to protect
our children.
FEDERAL INITIATIVES
In 1994, The Violent Crime Control and Law Enforcement Act created several new
federal initiatives for crimes dealing with children. These provisions address the
following areas: registration of sexually violent offenders; local, state, and federal
coordination; repeat sex offenders; and child sex tourism. In addition, federal law now
provides for community notification of the release of predatory sex offenders.
Registration of sexually violent offenders. The Attorney General of the United States is
directed under the Act to establish guidelines for state programs that require persons
convicted of certain crimes against children--kidnapping and sexual misconduct--to
register their addresses with an appropriate state law enforcement agency upon their
release from prison. This registration requirement continues for ten years after the
offender is released from imprisonment or placed on probation.
In cases where the crime committed was "sexually violent," the registration requirement
applies to persons committing an offense against an adult or a child. In such cases,
"sexually violent" predators must remain registered until a court determines that they no
longer suffer from a mental abnormality that would make a predatory sexually violent
offense likely.
Access to sex offender information in Tennessee is provided to the public as the result of
the Jacob Wetterling Registration Act, which was passed by the United States Congress
and Megan’s Law, which requires states to release relevant information about registered
offenders to protect the public. Tennessee Code Annotated 40-39-203 requires sex
offenders to register within 48 hours following their release on probation, parole, other
alternative to incarceration, or discharge from prison without supervision. Add changes to
legislation in 2007? In Tennessee this registration is available for public viewing at
http://www.ticic.state.tn.us/SEX_ofndr/search_short.asp. As of March 2003, Tennessee
had 5,928 registered sex offenders (www.sexcriminals.com, 2005). Please also note that
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there is a National Sex Offender Public Registry available at
http://www.nsopr.gov/search_frameform.cfm.
Local, state, and federal coordination. The Act also requires local, state, and federal law
enforcement agencies to share information. For example, the Act requires that state law
enforcement agencies must transmit a copy of the conviction data and fingerprints to the
Federal Bureau of Investigation. In addition, the Act establishes that the failure of a state
to implement the registration program subjects the state to a 10 percent reduction in funds
allocated under the Department of Justice's Byrne Grant program.
Repeat sexual offenders. The 1994 Act doubled the maximum prison term applicable to
repeat sexual offenders. Specifically, if an offender commits a sexual abuse or sexual
contact offense under federal law after one or more prior convictions for a federal or state
sexual abuse or sexual contact offense, the maximum term of imprisonment is doubled.
Child sex tourism. A new "child sex tourism" offense was created under the 1994
Violent Crime Control and Law Enforcement Act that makes it illegal for a U.S. citizen
or permanent resident to travel in interstate or foreign commerce with the intent to engage
in sexual acts with a minor that are prohibited under federal law in the United States. This
provision applies even if these acts are legal in the destination country.
In 1996, the Child Pornography Prevention Act included as a form of child pornography
any computer-generated, or "morphed" depiction of a child engaged in sexually explicit
conduct. The new statute considers the motives of the producers and the intended
audience, as well as the presumed harm to the victim, as justification for prohibiting this
form of pornography.
Types of Child Victimization
Child abuse has been classified into five groups. Frequently, although not necessarily
always, types of abuse occur in combination:

Physical abuse

Emotional abuse

Sexual abuse

Neglect


Missing and exploited children
Witnessing Domestic Violence?
Abuse of children can be characterized neither by race or religion nor by standard of
living or level of education. Family members, community leaders, acquaintances,
coaches, teachers, and total strangers commit child abuse in every kind of environment,
urban, suburban, or rural. It is important to point out that the law defines physical abuse,
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neglect, and emotional maltreatment as acts committed by parents or other caregivers. A
stranger or an acquaintance is not subject to charges of physical abuse or neglect of a
child. However, sexual abuse can be committed by parents, caregivers, friends, and
strangers--anyone who gains access to the child.
(Portions of the following five sections concerning forms of child abuse are
excerpted from For Kids Sake: A Child Abuse Prevention and Reporting Kit,
Oklahoma State Department of Health, Office of Child Abuse Prevention,
Guidance Services.)
PHYSICAL ABUSE
Most often classified as a non-accidental injury to a child under the age of eighteen by a
parent or caregiver, physical abuse occurs when a parent or caregiver willfully injures,
causes injury, or allows a child to be injured, tortured, or maimed out of cruelty or
excessive punishment. Statutes in many states permit the prosecution of a parent who has
knowledge of but fails to protect his or her child from physical abuse from others, such as
grandparents, boyfriends, girlfriends, and spouses. Non-accidental injuries may include
beatings, shaking, burning, immersion in scathing water, broken bones, internal injuries,
human bites, cuts, and bruising, or other injuries inflicted on children. Rarely a singular
incident, the abuse of a child is generally an action repeated over time that can result in
permanent disability, scarring, or death. Some children who only know family
interactions through violence or physical abuse may equate it with love from an adult role
model. At the same time, an abusing parent will often cast blame for the abuse on the
child who, in turn, may feel that he or she deserves it.
EMOTIONAL ABUSE
Mental health professionals recognize emotional abuse and emotional neglect as two
forms of child emotional maltreatment. The former consists of a chronic pattern of
behavior in which the child typically is belittled, denied love to promote specific
behavior, marginalized from the siblings, marginalized from the other parent, or
subjected to extreme and inappropriate punishments. The latter is characterized by the
failure to provide a child with appropriate support, attention, and affection. Occurring
alone and coupled with other forms of abuses, emotional maltreatment can impair the
psychological growth and the emotional development of the child. Indicators for
emotional abuse unfortunately mimic many medical and psychological conditions and
complicate its diagnosis.
SEXUAL ABUSE
Child sexual abuse is the exploitation of a child or adolescent for another person's sexual
and control gratification. Family members, trusted friends, acquaintances, child-related
community program personnel, day care workers, and other paid caregivers as well as
strangers are known perpetrators. Child sexual abuse ranges from acts such as oral and
genital stimulation and penetration to voyeurism and the involvement of a child in
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prostitution or the production of pornography. Children tend not to disclose abuse when it
first happens and may allow it to continue, sometimes for many years before an incident
or confrontation provokes them to reveal crimes of sexual abuse.
Every two minutes a child is sexually abused in the United States. Diana Russell, David
Finkelhor, and Vincent DeFrancis all conclude in their separate research that at least one
in four females will be sexually abused by the age of eighteen (Urguiz and Keating,
1990). Suzanne Sgroi in her research about child sexual abuse determined that one in six
to ten males would be sexually abused by age eighteen (Sgroi, 1978). Research on male
victimization reveals that about 70 percent of male victims are abused by men and 83
percent of sexually abused males are under the age of twelve (Urguiza and Keating,
1990). All of these researchers agree that the large majority of child sexual abuse
incidents go unreported (Skaggs, 2003).
Fabrication of sexual abuse. Fabricated reports of sexual abuse do occur and the highly
publicized cases that have resulted in acquittals have raised doubts about the credibility
of child reporting. It is estimated that knowingly false reports occur in less than ten
percent of reported cases (Besharov 1988). Most children do not fabricate tales of sexual
abuse, and the child protective service professional should not allow the possibility of a
false allegation or false memory to prevent a thorough investigation of the report.
Intrafamilial sexual abuse. Sexual abuse is committed most often by individuals known
to the child. Whether the abuser is a blood relative who is part of the nuclear family or a
surrogate parent such as a live-in companion, stepparent, or older sibling, family
members are frequently responsible for child sexual abuse. The family will likely be
dysfunctional in other areas. It may have been de-stabilized by alcohol and substance
abuse or severe spousal discord with a history of physical violence.
Acquaintance perpetrators. Acquaintance perpetrators such as family friends, neighbors,
teachers, coaches, religious leaders, and peers normally will win the confidence of the
child through his or her affiliation with the family or community. They tend to prey on
children whom they know are experiencing home, school, or personal problems, children
with low self-esteem, and children who are unsupervised. Perpetrators who command
positions of respect due to positions in community affairs such as church, civic, and
business affiliations are more likely to intimidate or threaten the child once sexual abuse
has occurred. There has been a marked increase in the number of juvenile perpetrators
committing sexual abuse.
Stranger sexual abuse. "Stranger" sexual abuse, frequently referred to as pedophilia
(although the term describes any individual who has a sexual preference for children), is
by far the most publicized form of child sexual abuse but comprises only 10 percent of all
reported cases. There is no evidence that perpetrators choose child victims based on race,
but there is a correlation to increased victimization of children of lower socioeconomic
groups. Some pedophiles specifically marry women with children so that the risks of sex
with children are minimized and protected under the veil of "normalcy;" therefore, cases
of incest may include factors of pedophilia (Tower, 1993).
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On-line sexual predators. A new breed of child abuser is developing as a result of
children's increased and often unsupervised recreational use of the Internet. Investigations
of computer sex offenders demonstrate that on-line sexual predators roam chat rooms and
post sexually explicit material on the Internet to make contact with young children and
teenagers. Victimization may be indirect and limited to showing a child pornographic
sites to initiating sexually overt conversations in a chat room, by e-mail or instant
messages.
More aggressive predators will spend time developing relationships with vulnerable
children. Eventually, they may introduce them to photographs of children engaging in
"normal" sex with adults, send them gifts, and contact them by telephone. Typically they
will try to gain their trust, alienate them from their family, and eventually try to set up a
meeting. Some on-line sex offenders have gone so far as to send plane tickets to children
to fly across the country to meet them.
Powerful concerns over access to potentially dangerous sites on the Internet have
surfaced in response to the recent tragedy at Columbine High School in Littleton,
Colorado, and prompted TIME/CNN to conduct a telephone poll of 409 American
teenagers from ages thirteen to seventeen on April 27-29, 1999, to discuss their Internet
experiences (Yankelvitch 1999). Answers to the following questions offer some
indication as to the type of negative encounters they may have on-line:

Have you ever encountered people online whom you suspect are pretending to be
someone they are not?
o
o

Have you ever encountered people online who say offensive things?
o
o

72% of the girls replied yes.
57% of the boys replied yes.
66% of the girls replied yes.
54% of the boys replied yes.
Have you ever encountered people online who want personal information like
your address or phone number?
o
o
58 percent of the girls replied yes.
39 percent of the boys replied yes.
Debate over the control of Internet pornography and on-line solicitations of sex continues
in the high courts of the country. In June 1997 in the case of Janet Reno, Attorney
General of the United States et al. Appellant v. American Civil Liberties Union et al. on
appeal from the United States District Court for the Eastern District of Pennsylvania,
Justice Stevens delivered the most recent opinion of the Court:
At issue is the constitutionality of the two statutory provisions enacted to protect
minors from "indecent" and "patently offensive" communications on the Internet.
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Notwithstanding the legitimacy and importance of the congressional goal of
protecting children from harmful materials, we agree with the three judge District
Court that the statutes abridge " the freedom of speech" protected by the First
Amendment. [n.1]
(Portions of the material in the preceding section have been excerpted from A
Parent's Guide to Internet Safety, National Center for Missing and Exploited
Children.)
Child trauma reactions to sexual abuse. Children who are hiding their sexual abuse
inevitably have feelings of shame or guilt; they fear the loss of affection of family and
friends; and they experience low self-esteem and frustration about the loss of control over
their lives in not being able to stop the abuse. They also may fear that disclosure will
harm other family members, often based upon real threats made by the perpetrator to
harm the child's loved ones, or the child himself or herself. Once a disclosure is made,
children may retreat from family members and friends. Depending on how they process
their anger, they may become deeply depressed and even consider suicide. Abused
children may become angry with those whom they blame for failing to protect them.
Older children may reenact sexual abuse by abusing other children, by becoming sexually
precocious, and/or using vulgar language.
CHILD NEGLECT
Neglect is defined as the chronic failure of a parent or caretaker to provide a child under
the age of eighteen with basic needs such as food, clothing, shelter, medical care,
educational opportunity, protection, and supervision. The incidence of child neglect in the
United States is estimated to be as much as five times greater than that of physical abuse.
Reasons for neglect, in addition to the most obvious of a determined, willful act on the
part of a parent or caregiver, can include poverty, lack of education, cultural beliefs and
customs, mental or emotional illness, and/or a lack of socialization skills on the part of
the parent.
Prosecutions for Child Abuse and Neglect
Tennessee's criminal statutes define child abuse and neglect as follows:
Any person who knowingly, other than by accidental means, treats a child
under eighteen (18) years of age in such a manner as to inflict injury or
neglects such a child so as to adversely affect the child's health and
welfare commits a Class A misdemeanor; provided, that if the abused or
neglected child is six (6) years of age or less, the penalty is a Class D
felony.10
10
TENN. CODE ANN. § 39-15-401(a).
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A charge of child abuse and neglect requires proof of an actual, deleterious effect or harm
to the child's health and welfare; the mere risk of harm is insufficient to support a
conviction.11 In cases where there is no actual harm to the child, the person could be
charged with attempted child abuse and neglect if the required intent could be shown.12
Child abuse and neglect becomes aggravated child abuse and neglect if:


The act of abuse or neglect results in serious bodily injury to the child; or
A deadly weapon is used to accomplish the act of abuse.13
Aggravated child abuse and neglect is a Class B felony, except that, if the abused or
neglected child is six years of age or less, it is a Class A felony.14 There is an exception
to aggravated child abuse and neglect for a child who is being provided treatment by
spiritual means through prayer alone in accordance with the tenets or practices of a
recognized church or religious denomination by a duly accredited practitioner thereof in
lieu of medical or surgical treatment.15
There are at least two ways in which victims of domestic violence might be held
criminally responsible for child abuse committed by the batterer. If the child abuse
constitutes a felony, she could be charged with facilitation if, "knowing that another
intends to commit a specific felony, but without the intent required for criminal
responsibility, the person knowingly furnishes substantial assistance in the commission of
the felony."16 The facilitation of the commission of a felony is an offense of the class
next below the felony facilitated by the person so charged.17 So, for example, if the
batterer is charged with aggravated child abuse and neglect (which is a Class B felony),
the facilitation charge would be a Class C felony.
A parent or custodian of a child can also be found guilty of aggravated assault if he or she
intentionally or knowingly fails or refuses to protect the child from aggravated child
abuse.18 Aggravated assault of this type is a Class C felony.19 This charge is easier to
prove than facilitation, since it doesn’t require a showing that the defendant assisted in
the commission of the crime, but merely that she failed to protect the child from the
crime. There are no reported cases where the defendant has raised domestic violence by
the perpetrator of the child abuse as a defense to either of these charges.
Duress might be a defense to a charge of child abuse, criminal facilitation, or aggravated
assault. Duress is available as a defense:
11
State v. Mateyko, 53 S.W.3d 666, 2001 Tenn. Lexis 625 (Tenn. 2001).
TENN. CODE ANN. § 39-12-101.
13 TENN. CODE ANN. § 39-15-402(a).
14 TENN. CODE ANN. § 39-15-402(b).
15 TENN. CODE ANN. § 39-15-402(c).
16 TENN. CODE ANN. § 39-11-403(a).
17 TENN. CODE ANN. § 39-11-403(b).
12
18
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where the person or a third person is threatened with harm which is present,
imminent, impending and of such a nature to induce a well-grounded
apprehension of death or serious bodily injury if the act is not done. The
threatened harm must be continuous throughout the time the act is being
committed, and must be one from which the person cannot withdraw in safety.
Further, the desirability and urgency of avoiding the harm must clearly outweigh,
according to ordinary standards of reasonableness, the harm sought to be
prevented by the law proscribing the conduct.20
Duress is extremely difficult to prove in most domestic violence cases, and even more so
where the underlying charge is abuse of a child (Skaggs, 2003).
MISSING AND EXPLOITED CHILDREN
Each year thousands of children run away from home to escape physical or sexual abuse
or neglect while others are forced out of the home by their parents. Unfortunately, many
end up on the streets. Without legitimate means of support and a safe place to stay, they
are often victimized again through pornography, sexual exploitation, and drugs (NCMEC
1992b).
Abduction by a parent is considered a crime against the child when he or she is
kidnapped from custodial parents. Although some parents claim they are taking the child
to protect him or her from further abuse, many abduct their children out of anger over a
custodial arrangement ordered by the court. These children may be placed at great risk
both physically and emotionally. Frequently, a lack of finances to support the child and a
constant change in living conditions leave the child emotionally scarred. Abduction by
strangers is less common, but when it occurs, the child's chance for survival is
significantly lowered.
(Portions of the preceding section excerpted from a National Center for Victims
of Crime grant project, funded by the Office for Juvenile Justice Delinquency and
Prevention Programs, 1992-1994.)
In 1998, there were an estimated 749,100 missing juveniles reported to the police and
entered into the FBI's National Crime Information Center (NCIC 1999, 1).
The link between missing and sexually exploited children is a strong one. For example,
from July 1980 through February 1984, the police/social work team of the
Louisville/Jefferson County Exploited and Missing Child Unit (EMCU) in Kentucky
investigated approximately 1,400 cases of children suspected of being victims of sexual
exploitation. A full 54 percent (756) of the children were found to be victims and an
additional 31 percent (434) of the children were considered probable victims (NCMEC
1992a).
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Sexual victimization of these homeless children occurs in every state. Outreach workers
in New York City estimate that children as young as eight years old are forced to
prostitute themselves for money, affection, and drugs. Some children are held in virtual
bondage. They have multiple sex partners on a daily basis and are bought and sold by
exploiters (NCMEC 1992b).
Sexual exploitation has been defined in a number of ways, but in this chapter, the term
means the use of a minor under the age of eighteen for sexual purposes by an older
person in any or all of three ways:

Child pornography.

Child prostitution.

Computer solicitation (EDC 1995).
Child sexual exploitation cases raise unique issues that are not anticipated in existing
child sexual abuse protocols. These cases tend to feature the additional complexities of
concurrent federal and state jurisdiction, and many (especially cases of child prostitution)
involve a particularly challenging group of victims.
The investigation and prosecution of cases involving sexual exploitation of children and
youth can raise complex problems for criminal justice agencies:

These cases often require a coordinated, proactive investigation.

They sometimes involve victims who are also offenders.

They often cross jurisdictional boundaries, potentially involving federal, state, and
local authorities (Ibid. 1995).
Criminal justice agencies and victim service providers must recognize and attend to the
needs of sexually exploited children and youth. These victims are subject to serious shortand long-term consequences that can impair their physical and mental health and inhibit
them from cooperating in the investigation. Many exploited youth suffer from having
been manipulated rather than explicitly coerced into these activities. As a result, they may
feel responsible for, or at least complicit in, the sexual behaviors. Young victims of
pornography have lost control over images of themselves in print, on film, or in computer
memories. These images may surface to haunt them at any time in their lives (EDC
1995).
Each state and the federal government criminalize some aspect of child prostitution. The
federal government's primary law criminalizing child prostitution is the "Mann Act,"
which proscribes the transportation of individuals under the age of eighteen in interstate
or foreign commerce with the intent that the individual engage in prostitution or any
sexual activity for which any person can be charged with a criminal offense. State laws
are generally broader and focus on persons who advance, promote, or induce prostitution.
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They rarely penalize patrons of child prostitutes. It may, however, be possible to
prosecute patrons of child prostitutes under child sexual abuse or statutory rape laws
(EDC 1995).
It is important to remember that these laws apply equally to situations involving very
young children and to cases involving older teenagers. They are, for example, just as
relevant to a parent who offers a seven-year-old for sexual activities as they are to a pimp
who controls several teenaged girls (EDC 1995).
Tennessee State Statutes
The majority of child exploitation cases occur within a single state and therefore are only
prosecutable within that state. The State of Tennessee has the following specific statutes
to address crimes against children:
Rape of a Child: T.C.A. 39-13-522
Rape of a child is defined as the unlawful sexual penetration of a victim by the defendant
or the defendant by a victim, if such victim is less than thirteen (13) years of age. This
crime carries a penalty of 15-60 years, of which 85% must be served before the defendant
is eligible for release. However, the court “shall consider as an enhancement factor that
the defendant caused the victim to be mentally incapacitated or physically helpless by use
of a controlled substance.” This is a statute that presumes that at a child under the age of
13 is not capable of consenting. Prosecution of sexual penetration of older children are
prosecuted under the rape and sexual battery statutes, T.C.A. 39-13-502 to 39-13-507, or
the statutory rape statute, T.C.A. 39-13-506, if the child consents and the perpetrator is at
least four years older than the child.
Community Supervision for Life: T.C.A. 39-13-524
Defendants who are found guilty of aggravated rape, rape, or aggravated sexual battery
against a child or an adult are required to be on supervision for life after the defendant
has served his/her sentence.
Sexual Battery by an Authority Figure: T.C.A. 39-13-527
An authority figure (broadly defined) who commits sexual battery (unlawful sexual
contact) of a child between the ages of thirteen and eighteen is subject to a sentence of
three to fifteen years.
Solicitation of a Child T.C.A. 39-13-528
Adults are prohibited, “by means of oral, written or electronic communication, electronic
mail or Internet services, directly or through another, to intentionally command, request
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or hire a person who the person making the solicitation knows or should know is less than
eighteen (18) years of age to engage in conduct that if completed would constitute a
violation by the soliciting adult” of rape, sexual battery, statutory rape, or especially
aggravated sexual exploitation of a minor. “It is no defense that the solicitation was
unsuccessful and the conduct solicited was not engaged in. It is no defense that if the
solicited conduct were engaged in the minor would not commit any of the listed offenses.
It is no defense that the minor solicited was unaware of the criminal nature of the conduct
solicited.” The penalty for this crime is one to six years.
Sexual Exploitation T.C.A. 39-17-1003
It is a crime to knowingly possess material that includes a minor engaged in sexual
activity or simulated sexual activity that is patently offensive. A jury may consider the
title, text, visual representation, Internet history, physical development of the person
depicted, expert medical testimony, expert computer forensic testimony, and any other
relevant evidence in determining whether a person knowingly possessed the material or
in determining whether the material or image otherwise represents or depicts that a
participant is a minor. The penalty is three to fifteen years; however, if the number of
individual images, materials or combination thereof which are possessed is more than
fifty (50) then the offense shall be increase by one class and if the items possessed are
more than one hundred (100) the offense shall be two classes higher.
Aggravated Sexual Exploitation T.C.A. 39-17-1004
It is a crime to knowingly promote, sell, distribute, transport, purchase or exchange
material, or posses with the intent to promote, sell, distribute, transport, purchase or
exchange material, which includes a minor engaged in sexual activity or simulated sexual
activity that is patently offensive. The penalty is three to fifteen years. If the material is
“obscene” as defined in T.C.A. 39-17-901(10), the penalty is eight to thirty years. The
class of the offense can be enhanced if the defendant possessed more than twenty-five
(25) items.
Especially Aggravated Sexual Exploitation: T.C.A. 39-17-1005
It is a crime to knowingly promote, employ, use, assist, transport or permit a minor to
participate in the performance of in the production of material that includes the minor
engaging in sexual activity or simulated sexual activity that is patently offensive. The
penalty is eight to thirty years (Daughtrey, 2003).
The Effects of Abuse
Longitudinal research has identified a significant link between childhood abuse and both
future delinquency and adult criminal behavior:

In one of the most detailed studies of the issue to date, research sponsored by the
National Institute of Justice found that childhood abuse increased the odds of
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future delinquency and adult criminality overall by 40 percent. Being abused or
neglected as a child increased the likelihood of arrest as a juvenile by 53 percent,
as an adult by 38 percent, and for a violent crime by 38 percent (Widom, 1992).


People who were sexually victimized during childhood are at higher risk of arrest
for committing crimes as adults, including sex crimes, than are people who did
not suffer sexual or physical abuse of neglect during childhood. However, the risk
of arrest for childhood sexual abuse victims is no higher than for victims of other
types of childhood abuse and neglect (Widom 1995).
The vast majority of childhood sexual abuse victims are not arrested for sex
crimes or any other crimes as adults (Ibid.).

Compared to victims of childhood physical abuse and neglect, victims of
childhood sexual abuse are at greater risk of being arrested for one type of sex
crime: prostitution. (Ibid).

For the specific crimes of rape and sodomy, victims of physical abuse tended to
be at greater risk for committing those crimes than were sexual abuse victims and
people who had not been victimized. (Ibid).
In April 1997, the National Institute of Justice released a summary of research,
"Prevalence and Consequences of Child Victimization," conducted by Dean Kilpatrick
and Benjamin Saunders of the Crime Victims Research and Treatment Center at the
Medical University of South Carolina. The report's preliminary findings on the mental
health impact of child victimization are highlighted below:

A significant number of the youthful population have been victims of sexual and
physical abuse and have personally witnessed incidents of violence.

Of the nation's 22.3 million adolescents ages twelve to seventeen, approximately
1.8 million have been victims of a serious sexual assault, 3.9 million have been
victims of a serious physical assault, and almost 9 million have witnessed serious
violence. Nearly 2 million appear to have suffered (and more than 1 million still
suffer) from posttraumatic stress disorder (PTSD) a long-term mental health
condition often characterized by depression, anxiety, flashbacks, nightmares, and
other behavioral and physiological symptoms. About 3.4 million adolescents have
been drug or alcohol abusers as well.

Among adolescents who have been physically assaulted, 23.4% developed PTSD
and 14.8% still suffer from it, compared to 10.8% and 4.5% respectively, among
non-victims.

More female than male adolescents had been sexually assaulted: 13% of females
versus 3.4% of males. Sexual assault was defined in the study as "unwanted but
actual sexual contact." The researchers noted that this did not include
unsuccessful attempts at contact or non contact victimization such as exhibition.
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
Respondents indicated that young males had significantly higher rates of being
physically assaulted than females: 21.3% v. 13.4%. Behavior that the study
considered to be a physical assault included being attacked or threatened with a
weapon; being badly hurt from a beating; or being attacked without a weapon but
with the intent to kill or seriously injure.
The researchers note that the confirmation of the study's hypothesis that there is a
correlation between victimization experiences, PTSD, and delinquency awaits completion
of data analysis. However, preliminary findings indicate the significance of child
victimization as a risk factor for adolescents to develop major mental health problems
and to abuse alcohol as a means of coping with PTSD. These problems are often a
precursor of delinquent behavior (OVC 1998).
A 1997 survey, recently published by the Bureau of Justice Statistics that specifically
investigated child abuse histories among prison and jail inmates, determined that a high
percentage of inmates had experienced physical or sexual abuse before their incarceration
and that much of the abuse occurred while they were children (BJS 1998, as reported by
Walsh in The Washington Post).
Long-term mental health problems as the result of child victimization are difficult to
gauge. A study conducted at the University of South Alabama and published in the
January 1999 Journal of Interpersonal Violence suggests that adult women with previous
histories of child abuse and who have experienced recent sexual assaults, demonstrate
poor coping strategies and a greater vulnerability to re-victimization. Out of 119
undergraduate women who identified themselves as having experienced a recent sexual
victimization, 42 percent also reported a history of child sexual abuse. Those who
suffered child abuse revealed predominately negative coping strategies that included self
and societal blame: blaming themselves for being a "victim" type, for being a bad person,
for not being able to take care of themselves; and blaming society for being dangerous,
for its failure to protect women, and for the emotionally disturbed people who commit
sexual assault. Their coping strategy, furthermore, tended to be reinforced by avoidance
behavior, overeating, and taking prescription drugs (Arata 1999).
Results of the survey furthermore suggested that the coping strategies used to deal with
their adult victimization were likely similar to those they had used to deal with original
childhood abuse. The author of the report highlighted the need for additional research on
the links between childhood victimization and adult re-victimization, and stressed the
importance of identifying rape victims who have suffered child sexual abuse and are at
increased risk of ongoing trauma-related symptoms (Ibid.).
Reporting Requirements for Child Abuse and Neglect
Physical abuse, neglect, and emotional maltreatment are all defined by law to be acts
committed by parents or caregivers. A stranger or acquaintance is not subject to charges
of physical abuse or neglect of a child. Sexual abuse and exploitation, however, can be
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committed by parents, caregivers, friends, strangers--anyone who gains access to the
child.
Most states and the federal government have enacted laws and specified professionals
who are mandated to report child abuse and neglect. These mandated reporters are
individuals who, in their professional relationship with the child and family, may
encounter child maltreatment. Some states are more specific in delineating those
mandated to report abuse, but most states do include physicians, other medical
professionals, counselors, social workers, and school personnel. In addition to delineating
who must report, most states provide language that addresses the following:





To whom the report should be made: Departments of social services, child
welfare, family service or agencies of public welfare are usually designated to
receive such reports. Some states indicate a report to a law enforcement agency is
necessary as well.
Under what conditions a mandated reporter must report: States normally mandate
the reporting of child abuse or neglect when there is a suspicion of, reasonable
cause to believe, or reasonable cause to suspect abuse or neglect.
Time period in which the report must be investigated by social services or another
designated agency: States vary in their time requirements to investigate suspected
cases, but time periods normally range from two hours to thirty days.
Type of action to be taken if mandated reporters fail to report: All states, with the
exception of one, penalize the non reporting of suspected cases of child abuse or
neglect. Such disciplinary actions may include a fine and/or imprisonment or the
reporter can be charged with a misdemeanor. These penalties do not include
agency or licensing sanctions, which are determined on a state-by-state basis.
Type of immunity provided mandated reporters who make a report: All states
allow for immunity from civil or criminal actions for good faith efforts.
Not all cases of abuse or neglect are detected by those mandated to report them. In fact,
the largest numbers of reporting come from private citizens who witness, hear, or suspect
abuse or neglect. These interested parties may include other family members, neighbors,
parents of childhood friends, and other concerned citizens. However, several factors may
curtail the reporting of abuse or neglect by private citizens:

Lack of knowledge of whom to call.

Lack of knowledge of confidentiality laws that protect anonymous reporters.

A desire to not become involved in the "personal matters" of others.
Accepting an anonymous report of abuse entails risks. The report may be false, and
implicit in anonymity is the refusal to serve as a witness if the case is proven to be
criminal in nature. Consequently, the lack of full disclosure might put the alleged abused
child at greater risk. Although most agencies take such reports seriously and investigate
them, many agencies and most states do not have specific mandates or policies regarding
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the investigation of child abuse/neglect reports through an anonymous tip (Tower 1993,
234).
In working with child victims, either as victims or witnesses, it is important to remember
the following:

Children experience emotional reactions just the same as adults do and can
experience posttraumatic stress disorder.

Children are often more traumatized than adults when a casual acquaintance is
victimized.

Trauma in children can take years to manifest.

Children's traumatic reactions cannot be prevented but can be minimized when
assistance is provided as soon as possible.
Delay should not occur because the caregiver, service provider, or support person feels
the child is "too young" to understand.
NOTE: Public Chapter 185 of 2005 deletes the language in T.C.A. 37-1-403 that makes
provisions for the reporting of suspected child abuse through a designated office of a
hospital, clinic, school, or agency/organization. The responsibility for reporting suspected
abuse/neglect now lies with the individual who suspects that child abuse or neglect has
occurred. Therefore, individual organization policies allowing a staff person to report
abuse or neglect to the person in charge of the organization, or that person’s designee,
will no longer be in compliance with state law. The bottom line is: if an individual
suspects child abuse, he/she has a legal obligation to report it to DCS or others mandated
to receive these reports. An individual may no longer fulfill their legal obligation by
reporting it to a designated person within a person’s organization. Failing to report is a
Class A misdemeanor and is punishable by a fine not to exceed $2,500. In addition to the
department of Children’s Services (DCS), individuals may report suspected child
abuse/neglect to the Juvenile Court Judge having jurisdiction over the child, or the Sheriff
of the County the child resides. Persons reporting to the department should call the
Department of Children’s Service’s Statewide Hotline. There are two toll-free number,
and they are operational 24 hours a day, 7 days a week, 1-877-54ABUSE AND 1-877237-0004 (Tennessee Joint Task Force on Children’s Justice, 2005).
Creating a Multidisciplinary Approach to Child Abuse and Neglect
Because many child abuse and neglect cases involve simultaneous responses by child
protection, law enforcement, victim assistance, and social service agencies, professionals
have come to recognize the benefits to be gained not only by the investigating agencies
but also by the child victims when their investigations are better coordinated. Hundreds
of communities have developed multidisciplinary teams (based in hospitals, police
departments, prosecutors' offices, and child protection and nonprofit agencies) to improve
coordination and communication among the personnel involved in these cases. One of the
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most important reforms brought about by multidisciplinary teams is the ability to conduct
joint interviews of child victims, reducing the number of interviews and interviewers to
which child victims are exposed in the course of an investigation (OVC 1998).
While the ultimate goal of each agency is to protect the child, each agency nevertheless
operates with different policies, procedures, and goals. The civil child protection system
and the criminal justice system are complex parallel systems and, while they collaborate
in a multidisciplinary approach, the victim assistance professional must appreciate the
distinct roles of the entities: the child protection workers, the court-appointed special
advocates (CASAs), law enforcement, prosecution, victim/witness assistance, guardians
ad litem, physicians and/or nurses, and mental health services. The potential for the
duplication or overlapping of services and procedures is high. To reduce this possibility,
many states have incorporated a multidisciplinary team approach to do the following:

Share information, expertise, and experiences.

Determine the need for intervention and to coordinate the best approach for
action.

Assess risk factors for the child.

Determine service needs.

Determine the child's ability to participate in justice processes.

Ease the trauma of the child's participation in the process through the reduction of
multiple interviews, exams, and the number of protective and criminal justice
personnel interactions with the child and/or family members.

Reduce replication of service to the child victim and family.
To determine if allegations of child abuse or neglect are "founded," the following formal
procedures should be initiated in a multidisciplinary approach:

Law enforcement and the child protective service agency, either jointly or
individually, should conduct an investigation of the alleged offender that includes
a record check for previous criminal offenses and previous child protective
services reports that might involve charges or allegations of child, familial, or
spousal abuse, substance abuse, or other behaviors that would increase the
likelihood of child abuse and neglect. They should interview the alleged
offender(s), and where appropriate, other family members, neighbors, medical
personnel. In the case of juveniles, the parent or caregiver should be present.
Concurrently, they should conduct a visit to the home of the victim who has
alleged abuse to observe family dynamics, and to check for other conditions that
might indicate abuse or neglect (such as poor sanitation and lack of heat or
electricity).
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


The victim who has alleged abuse and other children in the family should be
physically inspected by a medical professional for additional evidence of abuse or
neglect.
The victim who has alleged abuse and other children in the family should be
assessed by a mental health professional for evidence of emotional abuse or
neglect.
Appropriate victim assistance services should be provided, particularly in cases
that result in criminal prosecution or juvenile court adjudication.
While the information in this chapter most often deals with child abuse and neglect
perpetrated by family members, other individuals can and do commit these same acts
against children. These individuals may include teachers, clergy, institutional or paid
caregivers, etc. They are not the focus of this chapter, however, but are mentioned to alert
the reader that cases such as these exist. Because specific laws have been enacted to
address maltreatment of children by professionals such as these, they will often be
charged with criminal or civil violations, in which case the primary investigator will be a
law enforcement agency and not a child protective service agency.
CHILD PROTECTIVE SERVICES
The Department of Children's Services responds to over 37,000 reports of child abuse
and neglect a year. Every day, more than 100 children are reported abused or neglected in
Tennessee.
The Child Protective Services division strives to protect children (under the age of 18
years) whose lives or health are seriously jeopardized because of abusive acts or
negligence. This division also supports the preservation of families.
The Department practices risk-oriented case management in order to provide Child
Protective Services (CPS). These risk-oriented case management issues include:





investigating referrals of child abuse or neglect
identifying the risk factors (problems) that contributed to the abuse or neglect
delivering appropriate services to reduce risks
evaluating the success of the intervention
continuing services, if necessary, closing the case; or reuniting the child/children
and family (http://www.tennessee.gov/youth/cps/index.htm, 2005).
CHILDREN'S ADVOCACY CENTERS
No single individual, agency or discipline has all the knowledge, skills and resources
needed to provide the various types of assistance needed by child abuse victims and their
families.
Children's Advocacy Centers (CACs) seek to combine the experience and expertise of
Child Protective Investigative Teams (CPITs) in Tennessee, the Department of Children's
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Services Child Protective Services, Law Enforcement, Prosecutors, Medical and Mental
Health to address the needs of children. The process of sharing physical space, time and
information allows the entire team to maintain focus on the child. Because cooperating
professional reduce the number of interviews, observe the victim together and hold a joint
staffing, the process is much less frightening to the child victims. By eliminating
duplication of effort and needless delays and by assuring cooperative follow-up, local
centers improve effectiveness of all agencies, some of which formerly may have worked
in isolation. For children who have been abused, knowing there are sensitive and
responsive adults who will help can make all the difference in the world.
The Tennessee Chapter of Children’s Advocacy Centers mission is to promote, assist,
and support development, growth, and continuation of child advocacy centers in their
service to abused and neglected children and their families. The Tennessee Chapter of
CAC's is a statewide not-for-profit membership organization. There are currently 25
Child Advocacy Centers who are members of the Tennessee Chapter of Children’s
Advocacy Centers. An additional three CAC Task Forces are in various stages of
development. Children’s Advocacy Centers are located in both rural and urban
communities across the state, providing services to 73 counties. CAC's work
collaboratively with over 149 law enforcement agencies and 23 of the 31 Judicial
Districts. In 2003, Tennessee Chapter member programs served more than 6,500 children
in Tennessee. In addition, the Tennessee Chapter provides technical assistance, training,
and other resources to all communities seeking to plan, establish, expand, or sustain a
Children’s Advocacy Center. The Tennessee Chapter is a chapter member of the National
Children’s Alliance (www.tncac.org, 2005). Please refer to www.tncac.org for a list of
child advocacy centers across Tennessee.
CHILD DEATH REVIEW TEAMS
"When an infant dies of an injury, murder is the most common cause," reports the first
large-scale study of injury deaths in the first year of life. According to researchers at the
National Institute of Child Health and Human Development, 23 percent of the 10, 370
injury-related infant deaths reported between 1983 and 1991 were murders. Infants were
more likely to die of injuries, including murder, if their mothers were young, unmarried
and had little education (USA Today 1999).
Until recently, the death of a child as a result of chronic abuse was not recognized under
most state laws as an intentional homicide nor prosecuted as first-degree murder. Today
more than twenty-three states have adopted child "homicide by abuse" laws that do not
require proof of specific intent to kill when a child's death results from abuse, thus
allowing stiffer sentences, sanctions, and penalties. (NCPCA 1993) Child death review
teams now exist in all fifty states and are charged with examining the circumstances
surrounding certain fatalities known or suspected to be the result of child abuse or
neglect. (U.S. Advisory Board on Child Abuse and Neglect, 1991). The goal is to identify
indicators or risk factors to signal earlier intervention in hopes of preventing future deaths
(OVC 1998, 390).
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In November 1996, the Interagency Council on Child Abuse and Neglect (ICAN)
launched the National Center on Child Fatality Review. With support from the Times
Mirror Foundation, the U.S. Department of Justice, OJJDP, and others, the Center works
to-
Act as a source of information exchange and develop services to provide
accountability for the deaths of innocent children.

Develop services for survivors of victims of fatal child abuse.
The Center's repository of information from case reviews provides a valuable resource to
prevent future child fatalities, serious abuse and neglect, and accidental injuries and death
(ICAN 1997).
COURT-APPOINTED SPECIAL ADVOCATES
For children who are the subject of protection proceedings, typically in a juvenile or
family court, the Child Abuse Prevention and Treatment Act requires states to provide
them with independent representation. Traditionally, children were represented in such
cases by an attorney appointed to act as guardian ad litem. Courts in hundreds of
communities, however, are also utilizing volunteer court-appointed special advocates
(CASAs) who perform independent investigations of the children's circumstances and file
their own reports. A national organization, the National Court-Appointed Special
Advocate Association, is funded by OJJDP to help courts establish a volunteer program
and to standardize training for volunteer advocates who provide support for children who
choose to speak at sentencing hearings (OVC 1998, 391).
The Tennessee Court Appointed Special Advocate (CASA) Association began in early
1986 when directors of local CASA agencies began to meet informally and to share ideas
and concerns. Later in 1986, the Tennessee Legislature appropriated the first state money
for CASA programs which helped strengthen the CASA network across the state.
In 1988 the Tennessee Bar Foundation through its IOLTA fund awarded grants to several
CASA agencies in Tennessee. The time was right to form a state association and in 1988
the Tennessee Court Appointed Special Advocate Association was chartered as a 501 (c)
(3) nonprofit membership corporation.
The first local CASA agency was started in 1984 in Nashville. During the next three
years Chattanooga, Memphis and Knoxville started programs. Today 15 CASA agencies
serve 26 counties across the state, from Johnson City in the northeast corner to Memphis
on the Mississippi River. For the year ending June 2004, 932 volunteers helped three
thousand five-hundred and forty-seven of Tennessee’s abused and neglected children.
The mission of the Tennessee CASA Association is the start-up, support and continuation
of CASA programs across the state of Tennessee. Local agencies recruit and train
volunteers to safeguard the best interests of abused and neglected children brought to the
attention of the juvenile court. The state organization supports these agencies through
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training, a grants program, coordination of program expansion and development,
monitoring legislation affecting children and agencies, and providing strategies for
raising public awareness of child abuse and the need for volunteers (www.tncasa.org,
2005).
LEGAL ADVOCACY
The American Bar Association has developed standards and practices for lawyers
representing children in abuse and neglect cases. In addition, numerous victim assistance
programs have expanded their roles to include specific support mechanisms or special
programs for child victims. The most extensive programs offer education for children
about the criminal or juvenile justice system and their role as witnesses; tours of the
courtroom and introductions to judges, bailiffs, and attorneys; and role-playing
opportunities to practice answering questions in a courtroom setting. Some programs
even teach children stress reduction techniques. Victim advocates also work with children
to prepare victim impact statements that are commensurate with their age and cognitive
development and offer support for children who choose to speak at sentencing hearings
(OVC 1998, 391).
METHODS OF WORKING WITH FOUNDED CASES OF NEGLECT AND
ABUSE
When a reported case of abuse and neglect does not have concrete evidence, its
disposition can be relegated to one of two categories. When reported cases of child abuse
and neglect are determined to be unfounded, the files are closed and no other action is
taken. If an investigation does not find concrete evidence of abuse, but a suspicion of
abuse lingers, the cases is "pended" for an additional follow-up and if, within a specified
time, no other reports are filed, the case is closed.
Founded cases of abuse or neglect are handled either by a child protection agency or a
representative of the criminal justice system. Not all cases of child abuse or neglect are
criminal in nature, nor do all founded cases of abuse or neglect require the removal of the
child from the home. While financially strapped parents and caretakers may be capable of
loving and nurturing their children, they may be unable to provide adequate food or
shelter for them. The same applies for many parents who are mentally, emotionally, or
physically unable to meet all of their child's needs. Although these conditions of neglect
are more understandable, they are not excuses to allow a child to remain at risk of harm.
Child protective services and family courts work to keep such families together by
providing financial assistance for food, housing, and medical care, and the services of a
paid child protective services "homemaker" to train parents on how to clean their homes
and children's clothes, to cook healthy meals, and to practice good physical hygiene.
"Homemakers" may provide transportation for children and/or other family members to
and from medical or mental health appointments.
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In cases of willful abuse, where the child is not in immediate danger, child protective
agencies will work with family members to resolve problems and reduce stress that might
have precipitated the abuse or neglect. Agencies frequently incorporate the use of
"contracts" between the agency and the abuser(s), which specify strict requirements that
the parent or caretaker must meet if he, she, or they wish to retain custody of the child.
Conditions contained in "contracts" might include the following:

Anger management classes

Substance abuse treatment programs

Mental health counseling

Employment or employment training
Parents may also be required to attend parenting classes to learn the proper care of the
child and to identify and learn to manage the stress--causing factors that may have led to
the child's physical abuse or neglect.
Follow-up home and office visits are conducted for a specified length of time to ensure
that the conditions of the contract are met. The contract will normally outline specific
policies and procedures if conditions are not met or if another report of abuse or neglect
is filed:

The removal of the child.

The extension of time during which the parent(s) may be monitored by an agency.

Increases in conditions.
Dependent and Neglect or Abuse Proceedings in Juvenile Court
A petition may be filed in Juvenile Court alleging that a child of a domestic violence
victim is abused or dependent and neglected. Abuse is defined as:
when a person under the age of eighteen (18) is suffering from, has sustained, or
may be in immediate danger of suffering from or sustaining a wound, injury,
disability or physical or mental condition caused by brutality, neglect or other
actions or inactions of a parent, relative, guardian or caretaker.21
A dependent and neglected child includes a child:

21
Whose parent, guardian, or person with whom the child lives, by reason of
cruelty, mental incapacity, immorality or depravity is unfit to properly care for
such child; or
TENN. CODE ANN. § 37-1-102(b)(2).
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
Who is suffering from abuse or neglect.22
Severe child abuse is defined as:



The knowing exposure of a child to or the knowing failure to protect a child from
abuse or neglect that is likely to cause great bodily harm or death and the knowing
use of force on a child that is likely to cause great bodily harm or death;
Specific brutality, abuse or neglect towards a child which in the opinion of
qualified experts has caused or will reasonably be expected to produce severe
psychosis, severe neurotic disorder, severe depression, severe developmental
delay or retardation, or severe impairment of the child's ability to function
adequately in the child's environment, and the knowing failure to protect a child
from such conduct; or
The commission against the child of aggravated rape, rape, aggravated sexual
battery, rape of a child, incest, or especially aggravated sexual exploitation of a
minor or the knowing failure to protect the child from the commission of any such
act towards the child.23
A child may be taken into custody by a law enforcement officer, social worker of the
Department of Children's Services, or duly authorized officer of the court if there are
reasonable grounds to believe that




The child is a neglected, dependent, or abused child, and
The child's removal is required because the child is subject to an immediate threat
to the child's health or safety to the extent that delay for a hearing would be likely
to result in severe or irreparable harm, or
The child may abscond or be removed from the jurisdiction of the court, and
There is no less drastic available alternative to removal of the child from the
custody of the child's parent which would reasonably and adequately protect the
child's health or safety or prevent the child's removal from the jurisdiction of the
court pending a hearing.24
The standard for continued detention or shelter care after removal is probable cause and
the same elements as for removal must be present.25
Termination of Parental Rights
Termination of parental rights must be based upon a finding by the court by clear and
convincing evidence that:
22
TENN. CODE ANN. § 37-1-102(b)(12).
TENN. CODE ANN. § 37-1-102(b)(21).
24 TENN. CODE ANN. §§ 37-1-113(a)(3); 37-1-114(a)(2).
25 TENN. CODE ANN. §; 37-1-114(a)(2).
23
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

The grounds for termination of parental rights have been established; and
Termination of the parent's rights is in the best interests of the child.26
There are several grounds for termination of parental rights. The ones most often used
against victims of domestic violence are:
 There has been substantial noncompliance by the parent with the statement of
responsibilities in a permanency plan or a plan of care.27

The child has been removed from the home of the parent by order of a court for a
period of six months and:
o Abandonment by the parent has occurred.28 (Abandonment need only
persist for four months and can consist of a failure to visit the child. Most
often this situation occurs after the Department of Children's Services
takes custody of the children and the parent is unable, often due to the
violence, to visit with the child.)
o The conditions which led to the child's removal or other conditions which
in all reasonable probability would cause the child to be subjected to
further abuse or neglect and which, therefore, prevent the child's safe
return to the care of the parent, still persist;
o There is little likelihood that these conditions will be remedied at an early
date so that the child can be safely returned to the parent in the near future;
and
o The continuation of the parent and child relationship greatly diminishes
the child's chances of early integration into a safe, stable and permanent
home.29

The parent has been found to have committed severe child abuse under any prior
order of a court or is found by the court to have committed severe child abuse
against the child who is the subject of the petition or against any sibling or halfsibling of such child, or any other child residing temporarily or permanently in the
home of such parent.30 (The definition of severe child abuse includes a failure to
protect the child from abuse.31 A finding by the Juvenile Court in a decision to
remove the child from the parent's custody and place the child with DCS which is
not appealed within ten days is sufficient to meet this standard.32)

The parent has been sentenced to more than two years' imprisonment for conduct
against the child who is the subject of the petition, or for conduct against any
sibling or half-sibling of the child or any other child residing temporarily or
26
TENN. CODE ANN. § 36-1-113(c).
TENN. CODE ANN. § 36-1-113 (g)(2).
28 TENN. CODE ANN. § 36-1-113 (g)(1).
29 TENN. CODE ANN. § 36-1-113(g)(3).
30 TENN. CODE ANN. § 36-1-113(g)(4).
31 TENN. CODE ANN. § 37-1-102(b)(21).
32 In Re S.M.C., 1999 Tenn. App. LEXIS 365 (Tenn. Ct. App. 1999).
27
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permanently in the home of such parent, which has been found under any prior
order of a court or which is found by the court hearing the petition to be severe
child abuse.33
In determining whether termination of parental or guardianship rights is in the best
interest of the child pursuant to this part, the court shall consider, but is not limited to, the
following34:









Whether the parent has made such an adjustment of circumstance, conduct, or
conditions as to make it safe and in the child's best interest to be in the home of
the parent;
Whether the parent has failed to effect a lasting adjustment after reasonable
efforts by available social services agencies for such duration of time that lasting
adjustment does not reasonably appear possible;
Whether the parent has maintained regular visitation or other contact with the
child;
Whether a meaningful relationship has otherwise been established between the
parent and the child;
The effect a change of caretakers and physical environment is likely to have on
the child's emotional, psychological and medical condition;
Whether the parent, or other person residing with the parent, has shown brutality,
physical, sexual, emotional or psychological abuse, or neglect toward the child, or
another child or adult in the family or household;
Whether the physical environment of the parent's home is healthy and safe,
whether there is criminal activity in the home, or whether there is such use of
alcohol or controlled substances as may render the parent consistently unable to
care for the child in a safe and stable manner;
Whether the parent's or guardian's mental and/or emotional status would be
detrimental to the child or prevent the parent from effectively providing safe and
stable care and supervision for the child; or
Whether the parent has paid child support consistent with the child support
guidelines promulgated by the department (Skaggs, 2003).
FOSTER CARE PLACEMENT
The removal of a child from his or her home may result in a significant emotional toll on
the child. Historically, it has been the accepted philosophy of the court system, child
protective service agencies, and mental health professionals that a child should remain in
the home unless his or her life is threatened, and that services should be focused on
reuniting the family. In some jurisdictions, however, this philosophy is changing to err on
the side of caution and to remove children who appear to be at-risk for further abuse or
neglect. When the temporary or permanent removal of the child from his or her home is
33
TENN. CODE ANN. § 36-1-113(g)(5).
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required, placement can be either in foster care or in another family member's care. The
parent(s) or the caregiver must meet certain conditions prior to the child being returned
home.
The intervention of the family or juvenile court is required to remove a child from the
home and place him or her in foster care. Only in cases where an emergency removal of
the child is warranted can child protective officers act without the direct permission of a
judge in removing the child. Even then, the court must be notified and must hold what is
referred to as a "shelter care" hearing within seventy-two hours to determine the child's
placement. Most states recognize a seventy-two-hour deadline but policies can vary from
state to state.
Children who are removed from their home may experience a range of emotions and
reactions, including:

Acting out in physically threatening ways, hoping they will be removed from the
foster setting and returned home.

Withdrawing from the foster caretaker and refusing to participate in planned
activities.

Crying excessively.

Feeling betrayed by either the abuser or the reporter of the abuse.
When an abused child's ability to "trust" the system designed to protect him or her has
been compromised, they may not report future abuse. Abused children have been known
to recant prior statements concerning the abuse so they can return home. Children placed
in foster care should receive mental health counseling and should have access to other
family members or caring professionals with whom they can share their emotions. They
should be kept apprised of future plans for their housing to aid them in accepting their
current (and hopefully) temporary situation.
FACTORS THAT MAY INFLUENCE CHILDREN TO NOT REPORT
VICTIMIZATION

Age and developmental skills may preclude an ability to do so.

Lack of knowledge of whom to or how to report abuse.

Fear of retaliation from the offender or other family members.

Fear of not being believed.

Unaware that the situation is not "normal."

Shame or blame for abuse.
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
Fear that the offender will act on threats made against the child and/or other
family members.

Perhaps most importantly, feels love for the abuser.
When the findings of the child abuse or neglect investigation uncover acts that are
criminal in nature, criminal charges are often filed against the offender. These acts
normally include severe or life-threatening cases of child physical abuse and cases of
child sexual abuse (Tower 1993; Besharov 1988; Finkelhor 1994).
Children as Victims and Children as Witnesses in the Criminal Justice System
Children have participated in the judicial process throughout history--but seldom without
controversy. Their age, lack of societal sophistication, and inability to follow abstract
concepts led America's judicial fore bearers to believe that children were not competent
to come before the court and repeat what they saw or heard or what had happened to
them. They have been described by some as the most dangerous of all witnesses.
"Concern over children's capabilities as witnesses has intensified in recent years because
more and more children--some only three or four years old--are testifying. Children often
testify in civil courts such as family or probate courts, but because the criminal court
ultimately decides whether persons who are accused of serious offenses must relinquish
their liberty, the rules of procedure are more strict than in civil courts and the witness
testimony, particularly that of children, is subject to greater scrutiny" (Whitcomb 1993).
Children are most likely to testify in criminal court when they are victims who allege
sexual abuse:

Every state in the country defines a wide range of sexual behaviors as criminal
when they involve activity between an adult and a child.

Growing awareness and outrage over sexual abuse--whether committed by
parents, other relatives, acquaintances, or strangers--demand a greater emphasis
on criminal prosecution of alleged offenders.

Allegations of child sexual abuse are often contested, thereby increasing the
likelihood that cases will go to court and that children will have to testify.
Physical abuse, although reported to child protection authorities far more frequently than
sexual abuse, is less likely than sexual abuse to be prosecuted as a criminal offense:

There is a lack of consensus in society at large about the "fine line" between
acceptable discipline and criminal physical abuse.

Physical abuse victims are often preverbal--even infants--who cannot identify
their assailants, much less testify at trial.
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
Unless the child suffers serious physical injuries (or death) as a result of the
alleged abuse, it is generally felt that the resources of the child protection system-whose mandate is to protect children, rehabilitate offenders, and preserve
families--are likely to be more effective in preventing future incidents of abuse.
During the 1970s, special programs were established in many communities to assist adult
rape victims through the ordeal of repeating their stories to numerous investigators and
ultimately revealing their victimization in a public forum with the defendant present.
Before long, however, victim assistance professionals realized that a large portion of their
clients were children and that child victims were treated no differently than adults in the
criminal justice system. They were required to give statements to the police and testify
under oath; and in court, they were subjected to full cross-examination in the presence of
the defendant. Victim advocates quickly learned that:

By definition, children are developmentally not on a par with adults.

By definition, the adjudication process is far more cumbersome for children than
adults.

The dynamics of child sexual abuse are different than the dynamics of adult
sexual assault.
In 1982, the President's Task Force on Victims of Crime addressed the need to treat child
victims and witnesses differently than their adult counterparts. Simultaneous to the
issuance of the President's Task Force's Final Report recommendations, the first
comprehensive piece of crime victims' legislation was enacted on the federal level. For
the first time, fair treatment standards for victims and witnesses were mandated,
including child victims and witnesses, through the passage of The Federal Victim and
Witness Protection Act of 1982. Since the enactment of this landmark Act, more than a
decade of newly enacted federal and state legislation has followed. Most notably is the
Victims of Child Abuse Act of 1990. With its passage, children in the federal justice
process have been afforded rights never granted before. Specific to prosecution, the Act
mandates the following:

Consultation with multidisciplinary teams to receive information on medical
evaluations; psychological and psychiatric diagnosis and evaluations; and expert
medical, psychological, and related professional testimony.

Allowing children to testify via two-way closed circuit television if: the child is
unable to testify in open court due to fear; it is likely the child will suffer undue
emotional trauma from testifying; the child has physical, mental or other
infirmities; and conduct by the defense or the defendant causes the child to be
unable to continue with his or her testimony.

Limiting the competency examinations of children except when the court
determines, on the record, compelling reasons for doing so.
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
Ensuring privacy protection for child victims and witnesses and confidentiality of
information concerning the child's identity.

Allowing the child to be accompanied during the court process by a supportive
adult.

Mandating a speedy trial in order to minimize the length of time the child must
endure the stress of involvement with the criminal justice process.
Today many states have adopted similar laws and enacted programs and services to meet
the specific needs of child victims and witnesses. Many communities have established
very detailed and extensive protocols, policies, procedures, and interagency agreements
for implementing multidisciplinary approaches to child victimization. Some courts have
lowered their competency requirements and some courts have begun to allow children to
testify via two-way cameras, video cameras, and other electronic means. Training
opportunities now exist nationwide for criminal justice and victim assistance personnel
who work with children.
Children who report, witness, or endure crimes not only suffer emotional ramifications of
the abuse in and of itself, but are often called upon to participate in an adversarial,
formal, and adult-oriented system. Without properly trained criminal justice professionals
such as law enforcement, victim advocates, prosecutors, probation officers, judges, and
parole officials and without specialized programs and services for child victims and
witnesses, children participating in the justice process can experience a secondary form
of victimization. Services for child victims and witnesses should not be dictated on the
strength of a criminal case; rather, the criminal process should be seen as only one
element in the handling of child victims and witnesses. There is no doubt that
prosecutions are improved with victim/witness support and assistance from criminal
justice personnel to child victims and witnesses and their parents and guardians. Child
victims and witnesses who possess an understanding of and degree of comfort with
participating in the legal system are-
More at ease with the role they are to assume in the prosecution of the defendant.

More cooperative with the justice process.

Better able to cope with the intimidating and often traumatic experience of
testifying.
Parents and guardians of child victims and witnesses who are familiar with the justice
process, their child's rights in the criminal justice system, and the role their child will
have are better able to-
Support their child's participation throughout the justice process.

Identify and meet their child's emotional needs.
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
Understand their own emotional needs and concerns.
(Portions of the preceding sections were excerpted from,” Child Victims as
Witnesses: What the Research Says," Debra Whitcomb, EDC, 1993.)
CHILDREN AND THE COURT
Court preparation programs that include non offending families, guardians, and siblings
are important to reduce the child victims' or witnesses' anxiety and their own concerns for
the child's emotional and physical safety. Sometimes parents or guardians and siblings
feel more anxious than the child victim or witness about court participation. It is
important to keep their needs in mind as well. If a parent or guardian is supportive of
victim services, he or she is more likely to allow the child victim or witness to fully
participate in all phases of the justice process.
The testimony of child victims and witnesses plays a substantial role in the successful
prosecution of a criminal case. However, the involvement of children in the justice
process brings many unique challenges to victim assistance personnel charged with
supporting and aiding these children as they go through the process.
Children bring with them many preconceived notions about the court process that can
induce intense fears and anxiety. Many children have watched television programs in
which court trials have been portrayed in less than flattering ways. Although criminal
justice professionals are aware that these portrayals do not accurately represent real court
trials, children are not always aware of this. It is important that the child realizes that his
or her version of court is not always correct or properly represented on television. This
can be done by asking the child what he or she knows about court, and if he or she has
watched any television shows depicting a trial, alleviating fears the child victim or
witness may have.
Children who are required to testify against family members face additional burdens of
guilt, shame, and confusion. Criminal justice professionals should make an extra effort to
determine if the child has been subjected to any interfamilial pressure to change his or her
testimony, or subjected to taunts and remarks about "destroying the family."
Additionally, the criminal justice professional must never make the child feel that his or
her testimony will be the deciding factor in establishing guilt. Rather, children must be
reassured that their testimony is only a small part of a criminal case (See generally
OJJDP 1994; Selkin 1991).
CHILD VICTIMS OF JUVENILE OFFENDERS: AN UNDERSERVED VICTIM
POPULATION
In the growing wake of juvenile crime, the juvenile justice system is seeing increased
numbers of child victims and child witnesses of these crimes. Few programs exist,
however, to prepare these children for participation in juvenile court proceedings.
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Historically, child witness preparation programs have been reserved for victims of sexual
or extreme physical abuse when, in fact, child victims and witnesses of juvenile offenders
can suffer the severest forms of intimidation, harassment, and reprisal from juvenile
offenders or their representatives. Victim assistance personnel should provide support
and referral services for these victims and witnesses just as they do for child sexual
assault victims and families. Child victims, witnesses, and their families should be
informed of the growing number of victims' rights and services available within the
juvenile justice system. (see Juvenile Justice chapter for additional information on these
topics).
DOMESTIC VIOLENCE AND ITS EFFECTS ON CHILDREN
More than 3.3 million children annually witness their mother being abused (Jaffe, Wolfe
& Wilson, Children of Battered Women). As many as 70% of children living in homes
where their mother is being abused are also victims of physical abuse and 30% report
being victims of sexual assault as well (Guide for Health Professionals, New Jersey
Women’s Division). Being abused or neglected as a child increases the risk of juvenile
crime by 58%, adult crime by 38% and for a violent crime by 38% (National Institute of
Justice) (Skaggs, 2003).
While accurate data on the number of domestic and sexual violence incidents, including
child abuse and child sexual abuse, in Tennessee is not currently available, TCADSV’s
network of 65 domestic violence shelters, programs, and rape crisis centers provide
services to more than 65,000 victims annually. Women accessing these services are often
low income and have few resources. A significant number of these women also have
children who are being impacted by the violence (Skaggs, 2003).
Family violence researchers have begun to study the harmful consequences to children
witnessing domestic violence. While it seems obvious that observing a mother's abuse
would cause trauma to a child, some but not all children are affected. They experience the
impact differently, making it difficult to address the complex policy issues facing family
violence experts today. According to Carlson, the immediate negative effects to a child
who witnesses violence against his or her mother appear to translate into low self-esteem,
behavioral problems, reduced social competence, depression, and anxiety (Carlson 1990).
One of the difficulties complicating the identification of the negative effects of parental
violence on children is that many witnesses are also victims of physical abuse.
The first national survey on family violence forcefully confirmed the connection between
violence in childhood and the later use of violence. "The sons of the most violent parents,
for example, had a rate of wife beating 1,000 times greater than the sons of non-violent
parents." (Stark and Flitcraft 1985). Among females, childhood domestic violence may
manifest in an increased vulnerability to victimization, and specifically in the increased
likelihood of spousal victimization as adults. Furthermore, both men and women who
reported being hit by their parents were more likely to hit their own children (Cappell and
Heiner 1990).
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A revision of child abuse statutes to make domestic violence a reportable form of child
abuse and make afflicted children more visible nevertheless poses serious problems.
According to Schechter, Conte, and Frederick, Massachusetts Social Services launched
Project Protect in 1989 to make spousal abuse a reportable form of child abuse with the
unintended result that fewer abused women sought assistance from public agencies for
fear of losing custody of their children.
In practice, new models will require many different interventions. Domestic violence will
have to be taken seriously in child abuse case screening, investigation, assessment,
service delivery plans, and custody determinations. Child protective services will have to
go beyond the traditional interventions of respite care and parent education to include
court and housing advocacy as well as other supportive services for mothers, sanctions
against batterers, added protections and safety planning for child and adult victims, and
family preservation efforts aimed at keeping women and their children together and safe.
(Portions of the preceding section have been excerpted from " Violence and Children:
What Should the Courts Consider?" Journal of Family Violence, Susan Schechter, Jon
Conte, and Lorreta Frederick, p. 10.)
Modifications of Custody Orders
In several recent cases, courts have upheld a change of custody to a non-abusive parent
when the custodial parent has subsequently become a victim of domestic violence.35 In
deciding whether or not to modify custody, Tennessee courts must first find that there has
been a material change of circumstances. Once a material change of circumstances has
been found, the Court must then evaluate the comparative fitness of the parties and
determine who should have custody based on the best interests of the child. Exposure to
domestic violence can be "sufficient to trigger an inquiry into the best interest of the
children."36 However,
the Court cannot risk putting a child 'from the frying pan into the fire' and placing
the child into a situation as bad or worse than the situation that gave rise to the
petition for a change of custody. Consequently, once it is determined that a
material change of circumstances has occurred, even if it involves domestic
violence, the Court must compare the fitness of the two parents to determine if a
change of custody is in the child's best interest37 (Skaggs, 2003).
CHILDREN WHO WITNESS OTHER TYPES OF VICTIMIZATION
Kilpatrick's and Saunders' research measured the lifetime experience of children who saw
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someone shot with a gun, knifed, sexually assaulted, mugged, robbed, or threatened with
a weapon. The researchers did not include witnessing violence portrayed in the media--on
television, in the movies, or in print. In measuring the lifetime experience of witnessing
violence, as described above, they found the following:

43% of male adolescents and 35% of female adolescents had witnessed some
form of violence firsthand.
Significantly, according to BJS, the study excluded approximately 30 percent of
adolescents who had directly observed someone being beaten up or badly hurt. Had the
researchers included these adolescents in their overall calculations, the prevalence of
witnessing violence would have risen to 72 percent for the entire sample of respondents
(Kilpatrick and Saunders 1997).
Promising Practices



Court School for Children. Today, many victim assistance programs across the
nation utilize court schools and court orientation sessions to prepare children for
their roles in court. Child--friendly activities allow children to learn about court
and familiarize themselves with the courtroom and its personnel by using fun and
non threatening activities. In states that still require competency exams for
children, the court orientation program can serve as a preliminary evaluation of
the child's ability to adapt and perform new surroundings during a stressful period
(Alexander 1994).
Ident-A-Kid. Based on recommendations from the FBI and current data from the
National Center for Missing and Exploited Children, Ident-a-Kid is a proactive
resource guide developed to assist parents in the creation of a collection of
material that would easily identify their children were they to disappear.
Safe Kids/Safe Streets. Safe Kids is an innovative, five-and-one-half-year
demonstration project that improves community response to child and adolescent
abuse and neglect. Five sites have been funded through Safe Kids: Huntsville,
Alabama; the Sault Sainte Marie Tribe of Chippewa Indians in Michigan; Kansas
City, Missouri; Toledo, Ohio; and Chittenden County, Vermont. The sites are
working to:
o
o
o
Restructure and strengthen the criminal and juvenile justice systems to be
more comprehensive and proactive in helping children and adolescents
and their families who have been or are at risk of being abused and
neglected.
Implement or strengthen coordinated management of abuse and neglect
cases by improving policies and practices within the criminal and juvenile
justice systems and the child welfare, family services, and related systems.
Develop other comprehensive community wide, cross-agency strategies to
reduce child and adolescent abuse, neglect, and fatalities (OVC 1998,
392).
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

Megan's Law CD-ROM. The California Department of Justice has developed a
CD-ROM program containing photographs, criminal convictions, and detailed
descriptive information on the more than 77,000 sex offenders in California.
Since July 1997, the CD-ROMS have been distributed to more than 350 local,
state, and federal law enforcement agencies. Since that time, more than 15,000
Californians have accessed the information contained in these CD-ROMS to
better protect individuals at risk. The CD-ROMS will be updated and distributed
to law enforcement on a quarterly basis. In addition to the development of the
CD-ROM, the California Department of Justice systems now capture information
on disclosures made to the public pursuant to Megan's Law. It is information
about these disclosures, such as a parent being advised of a serious sex offender
who had befriended his or her child, that may be searched for investigative
purposes (Seymour 1998, VIII-101).
Telemedicine Program for Providing Diagnostic Support Satellite. The diagnosis
of violence-related injuries most often depends on a visualization of the injuries.
In response to the need for immediate visual consultations in cases of child abuse
and neglect, the Los Angeles County and University of Southern California
Center for the Vulnerable Child/Violence Intervention Program (CVC/VIP)
developed a first-of-its-kind telemedicine program for providing immediate
diagnostic support to programs including rural clinics and emerging Child
Advocacy Centers and Multidisciplinary Teams.
The telemedicine program is in daily use by satellite programs (High Desert
Hospital and Olive View Medical Center in California; Alaska; and various
Indian reservations). It is currently being expanded throughout Los Angeles
County for use as peer review and continuing medical education. This program is
used by centers with sophisticated technology or by programs that simply rely on
35mm or digital photography (Seymour 1998).


The Center for the Vulnerable Child. The Center for the Vulnerable Child at the
Los Angeles County, University of Southern California Medical Center was
founded in 1984 as one of the first hospital-based family violence advocacy
centers in the nation. The "state-of-the-art" medical treatment and forensic
documentation provided by the center is complemented by a multidisciplinary
approach, including legal, social, and mental health services, to guarantee that all
patients are treated with dignity. The center uses new interactive computer
technology called telemedicine to consult with health providers in rural areas on
conducting examinations of abused children. In addition, the center is using
Office for Victims of Crime funding to develop a hospital-based emergency
shelter for victims of spousal abuse and their children to serve as a laboratory and
training site. The shelter will provide a safe environment and will assist victims of
spousal assault by assessing the potential for repeated violence to parents and
children in a safe environment (OVC 1998, 206).
The Center for Child Protection. At Children's Hospital in San Diego, California,
the Center for Child Protection (CCP) was established in 1976 to address the
prevention, diagnosis, and treatment of child abuse and family violence. Its
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services include intensive home visiting, assessment, and case management;
support for pregnant and parenting teenagers; assistance to women in identifying
and assessing resources to break the cycle of family violence; and individual,
group, and family therapy for victims of child abuse and their caretakers. The
success of these programs led to numerous requests for training and technical
assistance from other health care providers. In response, CCP started a clinical
training program that offers accredited continuing education to physicians in
conducting the medical evaluation of child sexual abuse and to interview
specialists in conducting forensically defensible videotaped interviews of
children. CCP's San Diego Conference on Responding to Child Maltreatment and
Summer Seminars by the Sea provides "state-of-the-art" multidisciplinary
education to 2,000 professionals from around the world each year (OVC 1998,
206).
Childhelp USA, the sponsor of a national toll-free child abuse hotline (800-4-ACHILD and TDD hotline 800-2-A-CHILD), provides a variety of important
services to child abuse victims and their families, including:
o
o
o
o
o

Residential treatment facilities located in California, Virginia, and
Tennessee.
Children's Advocacy Centers in Knoxville, Tennessee and Manhattan,
New York.
A coalition of law enforcement agencies, prosecutors, social service
agencies, medical professionals, victim service providers, and crisis
counselors located in Phoenix, Arizona.
Foster care and group homes in Southern California and Virginia that
provide nurturing refuge until foster or adoptive parents are found, or the
child can safely return to his or her parent(s).
Educational, community outreach, and public awareness programs
including: Head Start preschools for at-risk children; parenting education;
child sexual abuse prevention programs in elementary schools; seminars
and training programs relevant to child abuse; dissemination of
informational materials; and public service announcements about child
abuse prevention and treatment.
Model Courts. A recent initiative of the National Council of Juvenile and Family
Court Judges (NCJFCJ) is the Model Courts Initiative, recently renamed the
Permanency Planning for Children Department (PPCD). PPCD's goal is to
educate judges and other practitioners on the need to expeditiously secure safe
permanent placements for all maltreated children, either by making it possible for
them to safely stay with or return to their own families or by finding them safe
adoptive homes. The Child Protection Division of the Cook County Circuit Court
established a Model Court in 1996. At that time, more than 58,000 children were
under its supervision. The court instituted a comprehensive approach that
included coordination of effort among the court, related government agencies,
legal community, and community-based child welfare and adoption advocacy
group in the handling of abuse and neglect cases. As a result, court operations
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were streamlined, case backlogs were reduced, and the caseload dropped to
31,534 children as of the end of August, 1998.
The Hamilton County Juvenile Court in Cincinnati Ohio spearheaded a new
adoption initiative that involves twenty-three counties in the three states of
Indiana, Ohio and Kentucky. Court officials and related professionals from these
counties have formed a coalition to identify and address local, state, and regional
barriers to adoption. The court has developed an Internet site www.hcadopt.org
that lists children awaiting adoption (OJJDP 1999).



The Child Witness to Violence Project is a counseling, advocacy, and outreach
project at Boston City Hospital that addresses the needs of children who are
bystanders to community and domestic violence. Services include assessment,
counseling, parent guidance, advocacy, and coordination with legal and social
service agencies. The project began in 1992 and currently counsels over 200
children and their families each year, in addition to implementing both national
and state-focused training programs for health care professionals, law
enforcement, educators, and many victim service professionals who confront
issues of children witnessing violence. The Child Witness to Violence Project,
Boston City Hospital, Talbot 217, 818 Harrison Avenue, Boston MA 02118 (617414-4244).
Families and Schools Together (FAST) program is a nonprofit family counseling
agency in Madison, WI that helps at-risk youth (ages three to fourteen) build
relationships through a research- and family therapy-based, multifamily group
approach to preventing juvenile delinquency. Originally a program that provided
court-ordered therapy with drug and alcohol-involved violent youth, it is currently
a collaboration between family services and elementary school teachers to
identify school children about whom they have behavioral concerns. It provides
structured opportunities in relationship-building interactions with parents and
other caretakers, peers, and school and community representatives from which
they can develop "social safety nets" for at-risk periods. The program seeks to
strengthen parent-child relationships; empower parents to be primary prevention
agents for their children; improve the child's performance at school; empower the
parents to be partners in the educational process; increase family affiliations with
schools; educate the family about substance abuse and its impact on child
development; link the families to treatment centers; develop ongoing support
groups for parents of at-risk children; and build the self-esteem of the family
members (McDonald and Frey November 1999).
Through My Eyes is a nine-minute video tape produced by the Office for Victims
of Crime and Video/Action Fund that tells the story of children who are exposed
to violence and how such exposure affects their well-being and their
emotional/psychological development. The videotape is intended for a wide
audience, including those who work with children at risk, law enforcement,
criminal justice professionals, child victim service providers, and policymakers.
Available free from the Office for Victims of Crime Resource Center (800-6276872), NCJ 178229.
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Special Topics Supplement Child Victimization
Adapted from the National Victim Assistance Academy, 2002; Chapter 11.
References
Alexander, E. 1994. Focus on the Future: A Systems Approach to Prosecution and Victim
Assistance. Arlington, VA: National Center for Victims of Crime.
American Academy of Pediatrics (AAP). January 1999. "New AAP Policy Addresses
Violence and Children," press release. Pediatrics. Elf Grove, IL: Author.
Arata, C. January 1999. "Coping with Rape." Journal of Interpersonal Violence 14 (1):
62-78.
Besharov, D. 1988. Protecting Children from Abuse and Neglect: Policy and Practices.
Springfield, IL: Charles C. Thomas.
California Attorney General's Office. 1994. Child Victim Witness Investigative Pilot
Projects, Research and Evaluation: Final Report. Sacramento, CA: Author.
Cappell, C., and R. B. Heiner. 1990. "The Intergenerational Transmission of Family
Aggression." Journal of Family Violence 5 (2):135-152.
Carlson, B. 1990. "Adolescent Observers of Marital Violence." Journal of Family
Violence 5 (4): 285-299.
Education Development Center, Inc. (EDC). January 1995. Child Sexual Exploitation:
Improving Investigations and Protecting Victims. Boston: Author.
Finkelhor, D. Summer/Fall 1994. "The Future of Children: Sexual Abuse of Children."
Center for the Future of Children 4 (2).
Interagency Council on Child Abuse and Neglect Associates (ICAN). Summer 1997. "In
Touch." Quarterly Newsletter 7.
Kilpatrick, D., and B. Saunders. April 1997. "Prevalence and Consequences of Child
Victimization," Research Preview. Washington, DC: U.S. Department of Justice,
National Institute of Justice.
McDonald, L., and H. Frey. November 1999. "Families and Schools Together,
Relationship Building." Juvenile Justice Bulletin. Washington, DC: U.S. Department of
Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency
Prevention.
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Miller, L. 1999. "Posttraumatic Stress Disorder in Child Victims of Crime: Making the
Case for Psychological Injury." Victim Advocate 1 (1).
National Center for Missing and Exploited Children (NCMEC). December 1992a. Child
Molesters: A Behavioral Analysis for Law Enforcement Officers Investigating Cases of
Child Sexual Exploitation. Arlington, VA: Author.
National Center for Missing and Exploited Children (NCMEC). December 1992b.
Female Juvenile Prostitution. Arlington, VA: Author.
National Center for Missing and Exploited Children (NCMEC). 1998. A Parent's Guide
to Internet Safety. Arlington, VA: Author.
National Center for Missing and Exploited Children (NCMEC). 1999. Fact Sheet on
1998 Missing Children Statistics. Arlington, VA: Author.
National Center for Missing and Exploited Children (NCMEC). March 2000. "Baby
Kidnappings From Hospitals Decrease to Zero." The Frontline XXXX. Washington, DC:
U.S. Department of Justice, Office of Juvenile Justice and Delinquency Programs.
National Center for Prosecution of Child Abuse (NCPCA). 1993. Investigation and
Prosecution of Child Abuse: Second Edition. Alexandria, VA: American Prosecutors
Research Institute, National District Attorneys Association.
National Center for Victims of Crime (NCVC). 1992-1994. Grant project. Washington,
DC: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention.
National Center on Child Abuse and Neglect (NCCAN). 1998. Child Maltreatment 1996:
Reports From the States for the National Child Abuse and Neglect Data System.
Washington, DC: U.S. Department of Health and Human Services.
National Crisis Information Center (NCIC). January 1999. Missing/Unidentified Person
File Report for 1998. Washington, DC: U.S. Department of Justice, Federal Bureau of
Investigation.
National Resource Center on Child Sexual Abuse. March/April 1996. NRCCSA News.
Huntsville, AL: National Center on Child Abuse and Neglect.
Office for Victims of Crime (OVC). 1998. New Directions from the Field: Victims'
Rights and Services for the 21st Century. Washington, DC: U.S. Department of Justice.
Office of Juvenile Justice and Delinquency Prevention (OJJDP). 1994. The Child Victim
as a Witness: Research Report. Washington, DC: U.S. Department of Justice.
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Oklahoma State Department of Health. For Kids Sake: A Child Abuse Prevention and
Reporting Kit. Oklahoma City, OK: Oklahoma State Department of Health, Office of
Child Abuse Prevention, Guidance Services.
Schechter, S., J. Conte, and L. Frederick. "Violence and Children: What should the
Courts Consider?" Journal of Family Violence.
Selkin, J. 1991. The Child Sexual Abuse Case in the Courtroom. Denver, Colorado.
Seymour, A. January 1998. Promising Strategies and Practices in Using Technology to
Benefit Crime Victims. Arlington, VA: National Center for Victims of Crime.
Shalala, D. 10 April 2000. HHS Reports New Child Abuse and Neglect Statistics.
Washington DC: Administration for Children and Families, The Department of Health
and Human Resources.
Stark, E., and A. Flitcraft. 1985 "Woman-Battering, Child Abuse and Social Heredity:
What Is the Relationship?" In Johnson, ed., Marital Violence, London: Routledge and
Kegan, Paul.
Strauss, M. A., M. R. Gelles, and S. K. Steinmetz. 1980. Behind Closed Doors: Violence
in the American Family. Garden City, NY: Anchor Press.
Tower, C. G. 1993. Understanding Child Abuse and Neglect. Boston, MA: Allyn and
Bacon.
U.S. Advisory Board on Child Abuse and Neglect. 1991. Creating Caring Communities:
A Blueprint for an Effective Federal Policy on Child Abuse and Neglect. Washington,
DC: Author.
USA Today. 4 May 99. "Murder Tops the Causes of Death Among Infants," Section D,
10.
Walsh, E. 12 April 1999. "Study Finds Link Between Incarceration, Prior Abuse." The
Washington Post.
Whitcomb, D. 1993. Child Victims as Witnesses: What the Research Says. Boston:
Education Development Center.
Widom, C. S.. September 1992. "The Cycle of Violence." Research in Brief. Washington,
DC: U.S. Department of Justice, National Institute of Justice.
Widom, C. S. 1995. Victims of Childhood Sexual Abuse-Later Criminal Consequences.
Washington, DC: U.S. Department of Justice, National Institute of Justice.
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Yankelvitch and Partners Inc. 10 May 1999. TIME/CNN telephone poll. TIME
Magazine, 40.
Additional References
Daughtrey, S. Protecting Children in the Tennessee Judicial System, 2003.
Skaggs, K. Legal Advocacy for Child Victims of Domestic and Sexual Violence, 2003.
Tennessee Joint Task Force on Children’s Justice, 2005.
www.sexcriminals.com, 2005.
www.tennessee.gov/youth/cps/index.htm, 2005.
www.tncac.org, 2005.
www.tncasa.org, 2005.
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Chapter 5 COMMUNICATION WITH
VICTIMS AND SURVIVORS
SPECIAL TOPICS SUPPLEMENT: SEXUAL ASSAULT
Learning Objectives
Upon completion of this chapter, students will understand the following concepts:

The definitions of rape and sexual assault nationally and statewide.

Scope and key characteristics of rape cases.

The mental and physical health consequences of rape and how these
consequences affect need for reporting.

Comprehensive approach to responding to rape victims.

Roles and responsibilities of the criminal or juvenile justice system and other
professionals in protecting the rights of rape victims and dealing with rape cases.

The management of sex offenders in the community.

Recent statutory changes and areas of protection that still need to be strengthened.
Statistical Overview
As noted elsewhere (Crowell and Burgess 1996, chap. 1; Kilpatrick 1983; Kilpatrick et
al. 1998), obtaining an accurate measurement of rape and other types of sexual assault
poses many challenges. The number of rapes and other types of sexual assault depends on
how these crimes are defined and how they are measured. These definitional and
measurement issues will be discussed subsequently, but the important thing to consider in
reviewing the following statistics is that they are derived from different sources and often
measure different things using different methodologies.



According to the Federal Bureau of Investigation's Uniform Crime Reports, an
annual statistical compilation of crimes reported to law enforcement agencies
across the nation, 93,103 forcible rapes were reported in 1998 (FBI 17 October
1999, 24).
An estimated 67 of every 100,000 females in the country were reported rape
victims in 1998, a decrease of 4% from the 1997 rate, and 13% from the 1994 rate
(Ibid.).
The 1997 National Crime Victimization Survey, which includes both reported and
unreported crimes, found that despite a decline of 7% in the nation's crime rate in
1997, rates of rape and sexual assault did not decline (BJS 1998).
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




The National Women's Study (NWS), a longitudinal survey of a national
probability sample of adult women funded by the National Institute of Drug
Abuse, found that approximately 13% of adult women had been victims of
completed rape during their lifetime (Kilpatrick, Edmunds, and Seymour 1992;
Resnick et al. 1993). In the one year period between the second and third
interviews, 0.6% of adult women, or an estimated 683,000 women were victims
of rape (Kilpatrick, Edmunds, and Seymour 1992). In the two years between the
first and third interviews, 1.2% of the adult participants in the NWS were raped,
producing an estimate that 1.1 million women were raped in the United States
during this two year period (Kilpatrick et al. 1997).
Using a definition of rape that includes forced vaginal, oral, and anal sex, the
National Violence Against Women Survey found that one out of six U.S. women
and one out of thirty-three U.S. men have experienced an attempted or completed
rape as a child and/or adult. According to estimates, approximately 1.5 million
women and 834,700 men are raped and/or physically assaulted by an intimate
partner annually in the United States (Tjaden and Thoennes 1998, 2, 5).
The National Crime Victimization Survey found that in 1996 more than twothirds of rape/sexual assaults committed in the nation remained unreported
(Ringel 1997, 3).
The National Survey of Adolescents (NSA), a National Institute of Justice-funded
study of a national household probability sample of 4,023 twelve to seventeenyear-old adolescents, found that 8.1% of U.S. adolescents had been victims of at
least one sexual assault (Kilpatrick and Saunders 1997; Kilpatrick et al. 2000).
This indicates that an estimated 1.8 million twelve to seventeen-year-olds have
been sexually assaulted.
More than 52% of all rape/sexual assault victims were females younger than
twenty-five (Perkins 1997, 1).
Injury sustained by females during rapes and/or sexual assaults affected whether
law enforcement was notified. Females who suffered physical injury in addition to
the injury suffered from the rape or sexual assault reported 37% of those
victimizations; while only 22% of rapes and sexual assault without an additional
physical injury were reported (Craven 1994, 5).
Statistical Overview in Tennessee

The data below includes the number of reported sex crimes in 2012 for the state
of Tennessee (TBI Crime in Tennessee Report, 2012):
o
o
o
o
o
o
Forcible rape= 1,943
Forcible sodomy= 473
Sexual assault with an object= 250
Forcible fondling= 2,359
Incest= 54
Statutory rape= 601
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
Approximately 87% of sex crime victims in 2006 were female (Ibid.).

Domestic Violence made up 51% of all crimes against persons (Ibid).

The race of the 5,680 sex crime victims in Tennessee is as follows (Ibid.):
o
o
o
o
o

African American= 31%
Asian= .4%
Native American= .1%
Unknown= 1.1%
White= 67%
The age of the 5,680 sex crime victims in Tennessee is as follows (ibid.):
o
o
o
o
o
o
o
o
Under 18= 62%
18-24= 15.6%
25-34= 11%
35-44= 5.8%
45-54= 3.2%
55-64= 1.1%
Over 64= 0.6%
Unknown= 0.5%
Introduction
Although rape has occurred throughout history, the anti-rape movement in the United
States did not begin until the early 1970s. In 1972, the first rape crisis centers were
established in San Francisco, CA (Bay Area Women Against Rape) and Washington, DC
(DC Rape Crisis Center), both of which are still in existence today. These grassroots
centers were an outgrowth of the women's movement, which recognized that rape was an
all too common part of women's lives and that it had a devastating impact on women's
health and freedom. The explicit goals of rape crisis centers were to educate society about
the problem of rape, to change society in ways that could help prevent rape, and to
improve the treatment of rape victims.
In the nearly three decades since its birth, the anti-rape movement has made great
progress towards many of its goals. Major accomplishments include widespread reform
of rape statutes and other related legislation, improvements in the criminal and juvenile
justice system's treatment of rape victims, greater understanding of the scope and impact
of rape, improved medical and mental health services for rape victims, and better funding
for rape crisis centers and others who provide services and advocacy for rape victims.
Despite this progress, much remains to be done. Most rapes still go unreported
(Kilpatrick, Edmunds, and Seymour 1992; Crowell and Burgess 1996; Ringel 1997),
resulting in cases that can never be detected, investigated, or prosecuted. Although vast
improvements in forensic, law enforcement, and prosecution protocols have been made,
further improvements are needed. Too few victims who sustain rape-related mental or
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physical health problems obtain effective treatment. The fact that well over a million
people of all ages are raped each year in the U.S. suggests that efforts to prevent rape
have not been successful.
This chapter will address the following questions: (1) How are rape and other forms of
sexual assault defined? (2) What are the scope and mental health impacts of rape? (3)
What are victims' key concerns? and (4) How can we best address these concerns to
improve victims' cooperation? One major focus of the chapter is to identify how the
answers to these questions can be used to improve the treatment of rape victims by the
criminal and juvenile justice systems as well as by victim assistance and allied
professionals. A second focus is to identify ways that this information could be used to
improve the investigation and prosecution of rape cases.
Definitions of Sexual Assault and Rape
EVOLUTION OF THE DEFINITION OF SEXUAL ASSAULT AND RAPE
Several authors (Estrich 1987; Koss 1993) have observed that many people still believe
that rape occurs only when a total stranger attacks an adult woman using overwhelming
force. Using this definition, boys or men cannot be raped; girls and adolescents cannot be
raped; no one can be raped by someone they know well; and forced oral or anal sex does
not constitute rape. Thus attempts to discuss the topic are often frustrating because many
people define rape differently.
Before the 1960s, the legal definition of rape was generally a common law definition
used throughout the United States that defined rape as "carnal knowledge of a woman not
one's wife by force or against her will." In 1962, the United States Model Penal Code
(MPC) was established, thus updating the definition of rape. The MPC defined rape as:
"A man who has sexual intercourse with a female not his wife is guilty of rape if . . . he
compels her to submit by force or threat of force or threat of imminent death, serious
bodily injury, extreme pain, or kidnapping" (Epstein and Langenbahn 1994, 7). In
addition to limiting the definition of rape to a crime against a woman, this code was also
very narrow for the following reasons:

It retained a marital-rape exemption (not acknowledging rape within marriage or
co-habiting couples).

It focused on the victim's consent, rather than the perpetrator's forcible conduct.

Moreover, the MPC established a "grading system" for the crime of rape and rape
offenses. For example, it stated that "rape by a voluntary social companion" was a
less serious offense than "rape by a stranger." In addition, it treated the rape of
men as a lower felony offense than the rape of women.
In the 1970s and 1980s, extensive rape reform laws were enacted throughout the states,
and the legal definition of rape changed dramatically. Michigan's Criminal Sexual
Conduct Statute, enacted in 1975, became the national model for an expanded definition
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of rape. Today, Illinois' Criminal Sexual Assault Statute is considered the national model
(Epstein and Langenbahn 1994, 8). Both statutes have the following characteristics that
broadly define rape:

Rape is defined as "gender neutral," which broadens the earlier definitions of rape
to include men as well as women.

They include acts of sexual penetration other than vaginal penetration by a penis.

They distinguish types of sexual abuse on the basis of the degree of force or threat
of force used similar to the "aggravated" versus "simple" assault distinction with
physical assaults.

Threats as well as overt force are recognized as means to overpower the victim.

In addition, a new category of rape victim, "taking advantage of an incapacitated
victim," is included. This category can include mental illness, victims under the
influence of drugs, and alcohol intoxication. (Some states require that the
perpetrator gave the victim the intoxicant in order to obtain sexual access.)
THE FEDERAL DEFINITION OF RAPE
In spite of these legislative changes, much of the current debate about what constitutes
sexual assault and rape stems from how rape should be defined (Crowell and Burgess
1996).
For purposes of this chapter, rape and other forms of sexual assault are defined using the
Federal Criminal Code (Title 18, Chapter 109A, Sections 2241-2243) as a guide.
Although criminal statutes differ somewhat across states in their definitions, the Federal
Code is national in scope. For example, in addition to incorporating the reform provisions
discussed above-gender neutrality and incorporation of a broad definition of acts of
sexual abuse--the Federal Criminal Code definition includes the following points:

Distinguishes between types of sexual abuse on the basis of the degree of force or
threat of force used, similar to the aggravated versus simple assault distinction of
physical assaults.

Does not use the term "rape," and does not require the victim to label the act as
rape in order to meet the elements of a crime.
The 1986 federal statute defines two types of sexual assault:

Aggravated sexual abuse.

Sexual abuse.
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Aggravated sexual abuse.
Aggravated sexual abuse by force or threat of force. When a person "knowingly causes
another person to engage in a sexual act" . . . "or attempts to do so by using force against
that person, or by threatening or placing that person in fear that the person will be
subjected to death, serious bodily injury, or kidnapping."
Aggravated sexual abuse by other means. When a person "knowingly renders another
person unconscious and thereby engages in a sexual act with that other person; or
administers to another person by force or threat of force, or without the knowledge or
permission of that person, a drug, intoxicant, or other similar substance and thereby:

Substantially impairs the ability of that person to appraise or control conduct; and

Engages in a sexual act with that person."
Aggravated sexual abuse with a child: When a person "knowingly engages in a sexual act
with another person who has not attained the age of twelve years, or attempts to do so."
Clearly the definition for aggravated sexual abuse by force or threat of force is analogous
to what is usually called forcible rape. Aggravated sexual abuse of children is a serious
form of what is generally called statutory rape. However, aggravated sexual abuse by
other means is a type of non forcible rape whose perpetrator "shall be fined… imprisoned
for any term of years or life, or both."
Sexual abuse. The Federal Criminal Code definition of sexual abuse includes two types
of acts:

Causing another person to engage in a sexual activity by threatening or placing
that person in fear.

Engaging in a sexual act if that person is incapable of declining participation in or
communicating unwillingness to engage in that sexual act.
Abusive sexual contact is defined as when no sexual penetration actually occurred but
when "the intentional touching . . . of the genitalia, anus, groin, breast, inner thigh, or
buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person" occurs.
Sexual abuse of a minor or ward is defined as knowingly engaging in a sexual act with a
person between the ages of twelve and fifteen years. (For additional information on
sexual crimes against children, see Special Topics Supplement Child Victimization.)
STATE OF TENNESSEE DEFINITION OF RAPE
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The state of Tennessee outlines several statutes addressing Criminal Sexual Conduct.
Please refer to www.legislature.state.tn.us in order to obtain further information about
each statute/classification using the Tennessee Code Annotated title, chapter and section
numbers.
Aggravated Rape (T.C.A. 39-13-502): Class A Felony.
Rape (T.C.A. 39-13-503): Class B Felony.
Aggravated sexual battery (T.C.A. 39-13-504): Class B Felony.
Sexual battery (T.C.A. 39-13-505): Class E Felony.
Statutory rape (T.C.A. 39-13-506): Class E Felony.
Public indecency- Indecent exposure (T.C.A. 39-13-511): Class A or B misdemeanor or
a Class E felony depending on specifics.
Rape of a child (T.C.A. 39-13-522): Class A Felony.
Sexual battery by an authority figure (T.C.A. 39-13-527): Class C Felony.
Solicitation of a minor (T.C.A. 39-13-528): Class E Felony.
IMPLICATIONS OF DEFINITIONS
While great reforms have been made, these criminal code-based definitions of violent
crimes addressing sexual assault, abuse, and rape imply the need to know the following
information:

The victim's state of mind at the time of the crime (e.g., fear of death or serious
bodily harm) and the victim's crime-related physical and psychological injuries so
as to assist in better classification of crimes.

The proper measurement of rape and sexual abuse, which cannot be assessed
without information about the types of unwanted sexual acts that are involved, the
types of force or the coercion used by the perpetrator, and the ages of the victim
and the perpetrator.
Measuring Rape and Other Types of Sexual Assault
As a part of the Violence Against Women Act of 1994, the U.S. Congress directed the
National Research Council to develop a research agenda on violence against women. The
National Academy of Sciences convened a panel of experts to implement this directive;
an important aspect of the panel's charge was to evaluate the nature and scope of violence
against women, including sexual violence. Chapter 2 of the panel's report (Crowell and
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Burgess 1996) provides an overview of statistics regarding rape and sexual assault taken
from official governmental and other data sources. This overview also describes
numerous reasons why estimates of how many women are raped frequently differ.
Without getting too technical, estimates of the number of rapes and/or the number of
women who have been raped differ because the sources that produce these estimates use
different samples, different definitions of rape, different time frames of measurement,
different ways of measuring whether a rape has happened, and different units of analysis
in reporting statistics. Prior to briefly reviewing some of the major data sources, it is
useful to consider a few key distinctions.
First, there is a difference between rape cases and rape victims because women can be
raped more than once. Second, there is a difference between the incidence of rape and the
prevalence of rape. Incidence generally refers to the number of cases that occur in a given
period of time (usually a year), and incidence statistics are often reported as rates (i.e., the
number of rape cases occurring per 100,000 women in the population). In contrast,
prevalence generally refers to the percentage of women who have been raped in a
specified period of time (i.e., within the past year or throughout their lifetime). Third,
there is clearly a difference between estimates based on reported versus non reported rape
cases. Fourth, estimates of rape are derived from two basic types of sources: official
governmental sources and studies conducted by private researchers, which are often
supported by grants from federal agencies.
With respect to official governmental sources, the Federal Bureau of Investigation
Uniform Crime Reports (UCR) provides data on an annual basis about the number of
rapes and attempted rapes that were reported to law enforcement agencies in the United
States. Clearly, the UCR records only those rapes that were reported to law enforcement
agencies and that the agencies in turn reported to the FBI. As noted by Crowell and
Burgess (1996), another limitation of the UCR is that it still uses the narrow common law
definition of rape (i.e., "carnal knowledge [penile-vaginal penetration only] of a female
forcibly and against her will), meaning that other types of rapes as defined by federal law
are not reported.
The Bureau of Justice Statistics conducts the National Crime Victimization Survey
(NCVS) each year to measure unreported as well as reported crimes, including the crimes
of rape and other sexual assaults. The NCVS interviews all residents twelve years or
older in approximately 50,000 randomly selected households each six months about
crimes that occurred since the last interview. In addition to data about the number of rape
cases that occur each year and rape rates (i.e., number of cases per 10,000 women), the
NCVS provides information about the percentage of rape cases that are reported to police
as well as about case characteristics. Because the NCVS is primarily designed to measure
the number of rapes per year among those ages twelve and older, it cannot measure rapes
that occurred prior to the six-month reference period or to children younger than age
twelve. The NCVS as well as most other studies cannot measure rapes experienced by
women who are homeless.
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There are three major nongovernmental studies that provide additional data about the
scope, nature, and impact of rape.



The National Women's Study (NWS), a National Institute of Drug Abuse-funded
longitudinal survey of a national probability household sample of 4,008 adult
women who were assessed at baseline and for incidence at one- and two-year
follow-ups, generated the influential Rape in America: A Report to the Nation
(Kilpatrick, Edmunds, and Seymour 1992) as well as a number of other peer
reviewed scientific publications. The NWS measured rapes and other sexual
assaults occurring throughout the victim's lifetime and new cases occurring to
adult women during the follow-up period.
The National Violence Against Women Survey (NVAW), funded by the National
Institute of Justice and the CDC, used similar methodology that was pioneered by
the NWS and interviewed 8,000 adult women and 8,005 adult men (Tjaden and
Thoennes 1998). Rape and sexual assault were measured using screening
questions virtually identical to those used in the NWS. Like the NWS, the NVAW
measured the lifetime prevalence of rape as well as rapes that occurred during the
year prior to the interview.
The National Survey of Adolescents (NSA), conducted by the National Crime
Victims Research and Treatment Center and funded by the National Institute of
Justice, conducted interviews with a national household probability sample of
twelve- to seventeen-year-old adolescents. These adolescents were interviewed
about sexual assaults and other crimes that occurred throughout their lifetimes;
information was also gathered about important characteristics of these sexual
assault cases (Kilpatrick and Saunders 1997) and about the mental health impact
of such experiences.
Scope and Key Characteristics of Rape Cases
Providing effective services to rape victims, assisting in effective investigation, and
facilitating effective prosecution of rape cases cannot occur without accurate information
about who rape victims are, and what rape cases are really like. The best way to obtain
such information is from the national victimization surveys that have just been described
(i.e., the National Crime Victimization Survey, the National Violence Against Women
Survey, and the National Survey of Adolescents). These surveys are ideal for this purpose
because they include information about unreported, as well as reported, rape cases. Since
only a small percentage of rape cases are ever reported to law enforcement, it is critically
important that more is learned about the unreported cases and the victims who do not
report them.
Prior to describing the scope and case characteristics data, it is important to consider the
following general points:

Any attempts to address the problem of sexual assault must deal with the reality
that most sexual assaults are never reported to law enforcement, and that
unreported sexual assault cases can never be solved by law enforcement or
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







successfully prosecuted. Encouraging victims to report these unreported cases to
law enforcement is critically important because most rapists are recidivists who
will continue to rape women and children until they are apprehended, prosecuted,
and incarcerated.
It is extremely important to understand the scope and nature of America's sexual
assault problem. Without knowledge of how pervasive sexual assault is, the
importance of addressing it may be lost.
Different types of sexual assault cases require different investigatory and
prosecutorial strategies to enhance the prospects of successful prosecution.
There is considerable variability in the size, funding, and staffing of law
enforcement agencies in the United States. Therefore, there is no such thing as a
"one size fits all" sexual assault protocol that is equally applicable across all
jurisdictions.
National research indicates that the vast majority of sexual assault cases are never
reported to police. The best data on the extent to which crimes are not reported
come from victimization surveys. Such surveys conduct interviews with
representative samples of adults and/or adolescents, asking them if they have been
victims of crime and if they reported those crimes to police. Some victimization
surveys also ask why victims did not report these crimes to police.
At the national level, two major victimization surveys suggest that most sexual
assaults go unreported. The National Crime Victimization Survey, conducted each
year by the U.S. Department of Justice, found that only 32% of sexual assault
cases were reported to police in 1994. The Rape in America survey conducted as a
part of the National Women's Study found that only 16% of rape cases were
reported to police or other authorities (Kilpatrick, Edmunds and Seymour 1992).
Data from the National Survey of Adolescents indicated that only 14.3% of sexual
assault cases had been reported. Thus, these national studies indicate that only
between 14% and 32% of all sexual assaults or rapes are ever reported to police.
Analysis of national studies suggests that victims are reluctant to label their
experience rape when the perpetrator is a spouse, boyfriend, or acquaintance
(Acierno, Resnick, and Kilpatrick 1997). If the victim does not see the act as a
crime, she will not report it to the police.
Victims with disabilities are even less likely to report sexual assaults (Cole 1991).
They are frequently more socially isolated than their non disabled peers and may
not be viewed as credible should a report be made. The assailant is often a family
member or caretaker, so the victim may fear abandonment should he/she report.
When a victim reports a rape, the stakes are high. Victims often fear retaliation
from the offender, his family, and/or peers. They may also fear the response of the
criminal justice system given the circumstances of the rape. Victims are most
likely to receive sensitive treatment when they are "good victims," meaning that
they were raped by a stranger who used a weapon and were sober at the time of
the assault (Campbell 1998). Analysis of the data obtained by the National Crime
Victimization Surveys suggest that female victims are hesitant to report rapes that
do not fit the classic scenario--stranger rape with injuries. Male victims are likely
to report only if they sustained severe bodily injury (Pino and Meier 1999).
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The Scope of the Rape and Sexual Assault Problem
As was previously described in the Statistical Overview section, the National Violence
Against Women (NVAW) survey produced an estimate that 14.8% of adult women in the
U.S. had been raped sometime during their lives and that another 2.8% had been victims
of an attempted rape (Tjaden and Thoennes 1998). For adult men, comparable lifetime
prevalence estimates for rape and attempted rape were 2.1% and 0.9% respectively. The
National Women's Study (NWS) found that 12.7% of adult women had been victims of
completed rape and 14.3% had been victims of other types of sexual assault. The
National Survey of Adolescents (NSA) estimated that 13.0% of female adolescents and
3.4% of male adolescents had been victims of a sexual assault at some point during their
short lives (Kilpatrick and Saunders 1997). All of these studies confirm that the lifetime
prevalence of rape is such that millions of adolescents and adults in the U.S. have been
raped. Women are at greater risk than men for such assaults.
Data from the NWS and NSA also indicate that revictimization is an important problem
for many women and adolescents. Thirty-nine percent of rape victims in the NWS were
raped more than once, and 41.7 percent of the adolescent sexual assault victims in the
NSA said that they were sexually assaulted more than once.
National Research on Rape
Due to the many myths, misconceptions, and social attitudes about rape and sexual
assault, the National Center for Victims of Crime, in partnership with the National Crime
Victims Research and Treatment Center at the Medical University of South Carolina,
published Rape in America: A Report to the Nation in 1992 (Kirkpatrick, Edmunds, and
Seymour). The report was based on The National Women's Study-funded by the National
Institute of Drug Abuse--a three-year longitudinal study of a national probability sample
of 4,008 adult women, (age eighteen or older), 2,008 of whom represented a cross-section
of all adult women and 2,000 of whom were a sample of younger women between the
ages of eighteen and thirty-four.
Providing the first national empirical data about forcible rape of women in America, the
study found:

An estimated 683,000 adult American women were raped during a twelve-month
period.

13% of women had been victims of at least one completed rape in their lifetimes.

Based on U.S. Census estimates of the number of adult women in American, one
out of every eight adult women, or at least, 12.1 million American women, had
been the victim of forcible rape sometime in her lifetime.

While 56%, or an estimated 6.8 million women experienced only one rape, 39%,
or an estimated 4.7 million women were raped more than once, and 5% were
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unsure as to the number of times they were raped (Kilpatrick, Edmunds, and
Seymour 1992).
Prior to this study, national information about rape was limited to data on reported rapes
from the FBI Uniform Crime Reports or data from the Bureau of Justice Statistics
National Crime Survey (NCS) on reported and non reported rapes occurring in the past
year. The number of rapes per year in Rape in America were approximately five times
higher than either the Uniform Crime Reports or the NCS. Recently, the NCS has been
redesigned due to concerns that it failed to detect a substantial proportion of rape cases.
AGE OF RAPE VICTIMS
The National Women's Study (NWS) found that "rape in America is a tragedy of youth,"
with the majority of rape cases occurring during childhood and adolescence:

29% of all forcible rapes occurred when the victim was less than eleven years old.

32% occurred when the victim was between the ages of eleven and seventeen.

22% occurred between the ages of eighteen and twenty-four.

7% occurred between the ages of twenty-five and twenty-nine.

6% occurred when the victim was older than twenty-nine years old.
The National Violence Against Women Survey (NVAW) found that "rape is primarily a
crime against youth" (Tjaden and Thoennes 1998, 6):

21.6% of first or only rape cases experienced by women occurred before age
twelve.

32.4% occurred between the ages of twelve and seventeen.

29.4% occurred between the ages of eighteen and twenty-four.

16.6% occurred at age twenty-five or greater.
Note: The NWS data represent a breakdown of victims' ages at the time of all
rape cases whereas the NVAW data are a breakdown of age at the time of the first
rape only.
The National Study of Adolescents (NSA) also provided information about 462 cases at
the time the sexual assault was experienced by twelve- to seventeen-year-old adolescents
(Kilpatrick November 1996):

29.9% had been assaulted before age eleven.
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
16.3% between the ages of eleven and twelve.

20.8% between the ages of thirteen and fourteen.

20.8% between the ages of fifteen and sixteen.

1.7% at age seventeen.
Note: In the remaining 8.7% of cases, victims were not sure or refused to provide age
data.
Important note to service providers: Due to the high percentage of rapes that occur under
the age of 17, victim service providers should familiarize themselves with Tennessee
State Law regarding child abuse reporting. A recent change in child abuse reporting laws
in Tennessee effective in 2005 requires that all reports are made directly by the individual
that suspected the abuse or neglect, not a program designee. This will affect all hospital,
clinic, school, and children’s organizations whose policies may have reflected a specific
agency designee to report child abuse or neglect. Individuals that fail to make a direct
report may be subject to Class A misdemeanor charges as stated in the statute (T.C.A. 371-403).
RELATIONSHIP OF THE VICTIM TO THE OFFENDER
The National Women's Study (NWS) dispelled the common myth that most women are
raped by strangers:

Only 22% of rape victims were assaulted by someone they had never seen before
or did not know well.

9% of victims were raped by husbands or ex-husbands.

11% were raped by their fathers or stepfathers.

10% were raped by boyfriends or ex-boyfriends.

16% were raped by other relatives.

29% were raped by non relatives, such as friends and neighbors.
In addition to the data just presented, the NWS also gathered information about new
cases of rape that happened to adult women during the two year follow-up period. Thus,
these data on the forty-one such cases provide excellent information about the breakdown
for new rapes that are experienced by adult women (Kilpatrick et al. 1998).

24.4% of offenders were strangers.

21.9% were husbands.
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
19.5% were boyfriends.

9.8% were other relatives.

9.8% were friends.

14.6% were other non relatives.
The National Violence Against Women (NVAW) survey used different categories for
victim-perpetrator relationships but reported similar findings with respect to the types of
perpetrators that are most prevalent in rape cases occurring after the age of eighteen.

76% of perpetrators in rape cases were intimate partners (i.e, current and former
spouses, cohabiting partners, dates, and boyfriends/girlfriends).

16.8% were acquaintances.

14.1% were strangers.

8.6% were relatives other than spouses.
In summary, only a small percentage of cases involved perpetrators who were strangers;
most were intimate partners.
The National Survey of Adolescents (NSA) provides a different perspective because it
provides data on cases during childhood and adolescence (Kilpatrick 1996).

32.5% of perpetrators were identified as friends.

23.2% were strangers.

22.1% were relatives (fathers, stepfathers, brothers, sisters, grandparents, etc.).

18.1% were other non relatives known well by the victim.
DEGREE OF PHYSICAL INJURY
Another common misconception about rape is that most victims sustain serious physical
injuries. The statistics show the following:

70% of rape victims reported no physical injuries.

4% sustained serious physical injuries.

24% received minor physical injuries.

Of considerable importance is the fact that many victims who did not sustain
physical injuries nonetheless feared being seriously injured or killed during the
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rape. Almost half of all rape victims (49%) described being fearful of serious
injury or death during the rape.
Not surprisingly, the percentage of new rape cases resulting in physical injuries (N=41)
experienced by adult women in the NWS was somewhat higher than cases that included
childhood and adolescent rapes (Kilpatrick et al. 1998).

9.8% of victims reported serious physical injuries.

46.3% sustained minor injuries.

43.9% sustained no physical injuries.

58.5% said that they were fearful of serious injury of death.
The NVAW survey data provide a detailed breakdown of physical injuries sustained and
medical treatment received in the recent cases of rapes women experienced since the age
of 18.

31.5% of women sustained some physical injuries.

Only 35.6% of victims with injuries received medical treatment.
In the NSA, 85.5% of child and adolescent cases resulted in no physical injuries. Only
1.3% of victims reported serious injuries, and 11% reported minor injuries (Kilpatrick
1996).
Implications Regarding the Scope and Characteristics of Rape for the Investigation
and Prosecution of Rape Cases
There are three major implications of the aforementioned findings. First, information
from all of these sources provides compelling evidence that most rapes are not committed
by strangers, but by individuals well-known to their victims. This finding has profound
implications for how rape cases should be investigated and prosecuted. If most victims
know the identity of their perpetrators, then the key investigative issue is not finding out
"who did it" by collecting evidence that permits the investigator to identify the
perpetrator. Instead, most cases are likely to require evidence that permits refutation of
claims by the alleged perpetrator that the sexual activity was consensual and did not
constitute sexual battery. Known perpetrators are unlikely to use "misidentification"
defenses because forensic examinations can conclusively link the perpetrator to the
assault.
Second, Susan Estrich (1987) notes that successful prosecution of rape cases often
requires victims to produce evidence of physical injuries to prove that they did not
consent.
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The fact that the vast majority of rape victims do not sustain major physical
injuries also has clear implications for investigation and prosecution of rape cases.
The first implication is that most victims will not exhibit overt physical injuries
that most people think are characteristic of violent sexual attacks. Therefore,
many people are likely to conclude that the victim consented unless physical
injuries are present. The second implication is that forensic examinations must
focus on detecting evidence of physical injuries that are not consistent with
consensual sexual activity. A third implication is that law enforcement,
prosecutors, judges, jurors and paroling authorities need to be informed about
these physical injury data.
Third, all of these data indicate that most rapes other than sexual assaults involve
relatively young victims--not adult women as most people believe. This suggests that
separate investigative protocols should be established for adult and child victims.
Implications for Sexual Assault Forensic Medical Examinations
In sexual assault cases, the victim's body is the primary "crime scene," and the forensic
medical examination is an extremely important part of evidence collection. Based on the
victim's report of what types of sexual acts were involved, the forensic exam collects
evidence from the victim's body that can be used to establish that sexual activity
occurred, identify who committed the sexual act, and establish whether the sexual act
produced physical injuries consistent with forced sex.
As was previously noted, the typical rape involves a perpetrator who is known by the
victim and whose attack does not produce major physical injuries. In these cases, the key
issue in the forensic exam is not establishing the alleged perpetrator's identity because
that is already known. The exam needs to collect evidence documenting that a sex act
occurred to counter the possible defense that a suspect never had sex with the victim. The
exam also needs to collect DNA or other evidence that can be used to prove that the
sexual act occurred and that the defendant was responsible for it. The only remaining
defense a suspect can use if the "nothing happened" and "misidentity" defenses are
refuted by forensic evidence is a "consent" defense. Thus, the forensic examination must
collect evidence that speaks to the issue of whether the sexual activity was consensual or
not. Evidence that physical injuries occurred to the victim's vulva, vagina, or anus that are
inconsistent with consensual activity would be a powerful tool to refute a consent
defense. Therefore, it is extremely important that the forensic medical exam be conducted
in such a way that such physical injuries can be detected because such forensic evidence
is one of the few ways that a consent defense can be refuted.
Most sexual assault protocols for adult victims do not include state-of-the-art procedures
for detecting physical injuries to the victim's vulva, vagina, or anus. Fortunately, new
technology exists that has the potential to dramatically increase detection of physical
injuries. The colposcope is a standard tool used by gynecologists for the evaluation of
microscopic cervical, vaginal, or vulvar disease. Using a colposcope, the vulva, vagina,
cervix, and/or anus can be examined at magnifications over thirty times the actual size.
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This permits detection of small or microscopic tears, bruises, or abrasions that are not
visible to the naked eye. Colposcopic examination provides a much more objective and
sensitive way of seeing and documenting genital, anal, and other injuries in sexual assault
victims.
The ideal acute sexual assault examination protocol has two components. The first part is
similar to the existing sexual assault exam protocol, which is conducted within seventytwo hours after the assault. However, the protocol is changed to include a colposcopic
exam. The second part of the forensic exam protocol also includes a colposcopic exam
and is conducted four to six weeks after the assault. The purpose of this second part of the
forensic exam is to collect evidence of the victim's recovery from the physical injuries
detected during the first exam. This evidence of recovery can only be documented if the
two exams are conducted, and provides a strong basis for an expert examiner to testify
about recovery from injuries that are not consistent with consensual sex.
A final advantage of the colposcope is that technology exists to take photographs or make
videotapes of what is visualized. Thus, it is possible to have documentation in the form of
color photographs and/or videotapes of the physical injuries detected. This visual
documentation of injuries sustained by sexual assault victims has been described as
having a powerful impact on jurors and on defendants, many of whom have entered
guilty pleas when confronted with this evidence that "consensual sex" produced physical
injuries consistent with the victim's statement.
Sexual Assault Nurse Examiner (SANE) programs have developed in recent years in
many jurisdictions throughout the country in response to the need for victim-sensitive
treatment in gathering crucial medical/evidentiary information in forensic medical
examinations of rape victims.
NEED FOR MULTIDISCIPLINARY MEDICAL CARE PROGRAMS
ADDRESSING THE NEEDS OF RECENT RAPE VICTIMS
Initial medical examination immediately post-rape is recommended for sexually
transmitted diseases and for provision of prophylactic treatment available to treat specific
sexually transmitted diseases. Such examinations also include counseling and provision
of emergency contraception in relevant cases (CDC 1998). It is also recommended that
rape victims be seen for follow-up medical examination to assess new infections that may
be related to assault and counsel victims about STDs and hepatitis B as well as to treat
existing diseases. CDC guidelines recommend offering follow-up care at two weeks postassault for repeat STD testing and additional blood testing for syphilis and HIV that can
be repeated at six, twelve and twenty-four weeks post-assault. While these guidelines for
initial and medical care follow-up have been recommended (Young et al. 1992), the
reality is that in most states provision of initial post-rape medical care is financially
supported by the state or by third party payment from sources like Crime Victims
Compensation in cases in which a formal report of rape has been made to police within a
set number of hours post-assault (Crime Victims Compensation Quarterly, 1995).
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Since the vast majority of rape victims do not report the assault to police (Kilpatrick,
Edmunds, and Seymour 1992), this means that they would be ineligible for subsidized
medical treatment of acute injuries. For those rape victims who report a rape to police,
the emphasis has been on provision of immediate medical follow-up. For most states
there are no specific provisions for medical follow-up of women in the weeks following
the assault.
SANE Programs in Tennessee
The state of Tennessee has various statewide Sexual Assault Nurse Examiner (SANE)
programs available to victims of sexual assault for evidence collection. SANE’s are
offered through local programs in Knoxville, Memphis, Chattanooga, and Athens. Due
to VAWA 2013 funding, new SANE centers may exist in your area. For more
information on SANE programs in Tennessee, contact your local rape crisis center. Rape
crisis center information can be obtained on the Tennessee Coalition Against Domestic &
Sexual Violence website, www.tncoalition.org, and clicking on Tennessee Programs.
Reasons for Non Reporting and How to Increase Reporting
The fact that most rape cases are never reported to police means that most rapists are
never detected, arrested, or successfully prosecuted. Rape in America (Kilpatrick,
Edmunds, and Seymour 1992) included information on rape victims' concerns that are
relevant to why most victims are reluctant to report. Major concerns identified by victims
were being blamed by others, their families finding out about the rape, other people
finding out, and their names being made public by the news media. A rape victim with
these concerns would likely have substantial reservations about reporting the rape to
police. However, it is reasonable to assume that addressing these concerns might
encourage victims to report.
The report also described the results of a national survey of 522 organizations that
provided crisis counseling services to victims of rape, at least some of whom did not
report to police. Representatives from these agencies provided a list of actions and
activities that would be effective in increasing women's willingness to report rapes to
police:

Educate the public about acquaintance rape (99%).

Pass laws protecting confidentiality and disclosure of victims' names (97%).

Expand counseling and advocacy services (97%).

Provide mandatory HIV testing for indicted defendants (80%).

Provide free pregnancy counseling and abortions (77%).

Provide confidential, free testing for HIV and STDs (57%).
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Sexual assaults of men are "silent crimes" that are even less likely to be reported than
rapes of women. Heterosexual men often fear that if they report being raped by a man, it
may be thought that they are gay, and they may feel emasculated by the assault
(TCLEOSE 2000). Men are likely to report a sexual assault only if they sustain severe
bodily harm suggesting that they attempted to thwart the attack (Pino and Meier 1990).
Efforts to increase the reporting of rape cases must be as big a priority as the effective
processing of cases that are reported. This effort will require a great deal of public
education about rape in general and about acquaintance rape in particular. It will also
require making sure that rape victims know that they can get the supportive services they
need and that their privacy will be protected to every extent that is legally possible. It also
requires a public education campaign that stresses the importance of reporting all rape
cases.
The Mental Health Impact of Rape
The National Women's Study produced dramatic confirmation of the mental health
impact of rape by determining comparative rates of several mental health problems
among rape victims and women who had never been victims of rape. The study
ascertained whether rape victims were more likely to experience these devastating mental
health problems than women who had never been crime victims (Kilpatrick, Edmunds,
and Seymour 1992).
POSTTRAUMATIC STRESS DISORDER
The first mental health problem examined was posttraumatic stress disorder (PTSD), an
extremely debilitating mental health disorder occurring after a highly disturbing traumatic
event, such as military combat or violent crime.



Almost one-third (31%) of all rape victims developed PTSD sometime during
their lifetimes and more than one in ten rape victims (11%) still had PTSD at the
time of assessment.
Rape victims were 6.2 times more likely to develop PTSD than women who had
never been victims of crime (31% vs. 56%).
Rape victims were also 5.5 times more likely to have current PTSD than their
counterparts who had never been victims of crime (11% vs. 2%).
OTHER MENTAL HEALTH PROBLEMS
Major depression is a mental health problem affecting many women, not just rape
victims. The National Women's Study (NWS) found that 30 percent of rape victims had
experienced at least one major depressive episode in their lifetimes and 11 percent of all
rape victims were experiencing a major depressive episode at the time of assessment. In
contrast, only 10 percent of women never victimized by violent crime had ever had a
major depressive episode and only 6 percent had a major depressive episode when
assessed (Ibid.).
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Thus, rape victims were three times more likely than non victims of crime to have ever
had a major depressive episode (30% vs. 10%) and were 3.5 times more likely to be
currently experiencing a major depressive episode (21% vs. 6%).
Some mental health problems are life-threatening in nature. When asked if they ever
thought seriously about committing suicide, rape victims' answers reflected the following
findings: 33 percent of the rape victims and 8 percent of the non victims of crime stated
that they had seriously considered suicide.
Thus, rape victims were 4.1 times more likely than non crime victims to have
contemplated suicide. Rape victims were also 13 times more likely than non crime
victims to have actually made a suicide attempt (13% vs. 1%). The fact that 13 percent of
all rape victims had actually attempted suicide confirms the devastating and potentially
life-threatening mental health impact of rape.
Finally, there was substantial evidence that rape victims had higher rates of drug and
alcohol consumption and a greater likelihood of having drug and alcohol-related
problems than non victims. Compared to women who had never been crime victims, rape
victims with rape-related PTSD (RR-PTSD) showed the following results:

13.4 times more likely to have two or more major alcohol problems (20.1%
vs.1.5%).

26 times more likely to have two or more major serious drug abuse problems
(7.8% vs. 0.3%).
The NWS findings on increased suicide risk provide compelling evidence about the
extent to which rape poses a danger to American women's mental health--and even their
continued survival (Ibid.). Rape is a problem for America's mental health and public
health systems as well as for the criminal and juvenile justice systems.
Rape victims should not be further traumatized by being given an unnecessary mental
health label. However, it is imperative that victim advocates be aware of the symptoms of
depression and be able to differentiate these symptoms from "normal" PTSD. It is the
role of the victim advocate to make referrals for treatment when needed. Advocates
should become concerned when victims report depressed moods most of the day, no
interest in activities that used to give them pleasure, significant weight loss or gain that
was not intended, insomnia or oversleeping nearly every day, fatigue, excessive feelings
of worthlessness or guilt, lack of concentration, or recurrent thoughts of death, as they are
symptoms of severe depression (DSM-IV). When victims express clear suicidal ideation,
advocates should take steps to ensure victim safety such as recommending a mental
health consultation to determine referral options, including the possible need for
hospitalization. Advocates should be aware of which community mental health
professionals are competent to deal with victimization issues and make referrals for
longer-term interventions appropriately.
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Concerns of Rape Victims
In order to effectively respond to rape victims, service providers and criminal and
juvenile justice officials need to understand the major concerns of rape victims. Without
accurate information about victims' concerns after rape, it is difficult to create and
implement policies and programs to meet their most critical needs.
The National Women's Study (NWS) identified several critical concerns of rape victims
(Ibid.). In order to determine if rape victims' concerns have changed over time, the study
divided these concerns into those of all rape victims, and those of victims that had been
raped within the past five years (1987-91). The following results highlight which
concerns do and do not change:

Her family knowing she was sexually assaulted. This concern has not changed
dramatically. Seventy-one percent of all victims and 66 percent of victims within
the past five years are concerned about their families finding out about the rape.

People thinking it was her fault or that she was responsible. Rape victims are still
very concerned about being blamed for the rape, with 69 percent of all victims
and 66 percent of recent rape victims saying they are concerned about this.

People outside her family knowing she was sexually assaulted. Again, there is no
significant difference. Sixty-eight percent of all victims and 61 percent of rape
victims within the past five years are concerned about this.

Her name publicized by the news media. Women who have been raped within the
last five years are more likely to be concerned about the possibility of their names
being made public than all rape victims (60% vs. 50%).

Becoming pregnant. Sixty-one percent of recent rape victims, as opposed to 34
percent of all rape victims, are concerned about getting pregnant.

Contracting a sexually transmitted disease (not including HIV/AIDS). More than
twice as many recent rape victims were concerned about the development of
sexually transmitted diseases than all rape victims (43% vs. 19%).

Getting HIV/AIDS. Recent rape victims were four times more likely to be
concerned about getting HIV/AIDS as a result of the rape than all rape victims,
regardless of the recency of the rape (40% vs. 10%).
The stigma still associated with rape is reflected in the high percentage of rape victims
being concerned about people, such as family members and friends, finding out. Thus,
from a victim service provider perspective, maintaining confidentiality and respecting the
privacy needs of rape victims are important goals of service and assistance.
The Need for a Comprehensive Response Protocol for Rape and Sexual Assault
Victims
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Rape victims have many needs, and improving the investigation and prosecution of rape
cases cannot be accomplished by any single agency. In 1992, the Office for Victims of
Crime provided support for a national-scope project to evaluate the system of
multidisciplinary services that have been developed at the community level. Looking
Back, Moving Forward: A Guidebook for Communities Responding to Sexual Assault
(NCVC 1993) developed a "victim-centered" model for responding to rape victims. The
report identified a number of agencies that should play a key role after a sexual assault
occurs:

Victim services

Medical

Mental health

Law enforcement

Prosecution

Courts

Institutional and community corrections
The combined functions that each of these agencies provides to rape victims would create
a model response to rape victims that accomplishes the following:

Recognizes and supports the need of sexual assault victims to assume control over
their own lives.

Addresses the immediate short- and long-term mental health impact of the trauma.

Provides accompaniment/transportation to emergency medical treatment and pays
for all forensic rape examinations.

Investigates vigorously all cases.

Apprehends offenders and aggressively prosecutes cases in a timely fashion.

Informs victims at each stage of the proceedings.

Vertically prosecutes cases within prosecutors' offices.

Gives victims the opportunity to express a preference for what they would like to
see happen to the offender.
Victims who report rapes to law enforcement will likely have contact with medical,
victim service, and law enforcement professionals. If an arrest is made, prosecutors
become involved. If there is a conviction, then institutional or community corrections
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becomes involved. The NCVC report strongly advocates establishment of community
sexual assault interagency councils with representation of all these professionals and
agencies. The report also argues that these interagency councils should negotiate a multiagency/multidisciplinary protocol specifying how sexual assault cases should be handled.
Clearly, no agency can do the job alone. Although establishment of a community sexual
assault interagency council is difficult and may be impractical in some communities, the
importance of cooperation and teamwork cannot be overemphasized. Law enforcement is
critically important, but law enforcement cannot succeed without the assistance and
support of other agencies.
The United States has numerous police and prosecutorial jurisdictions. No one protocol
can be developed that fits the needs of all these jurisdictions. It might be feasible to
develop special sex crimes investigation units in large law enforcement agencies or in
large metropolitan areas, but in small jurisdictions, this may not be feasible. Likewise,
large metropolitan areas have many law enforcement agencies as well as major medical
centers, rape crisis centers, and other victim service agencies. Small law enforcement
agencies are often located in towns or rural jurisdictions that lack ready access to medical
centers and to victim services. Large agencies often have victim advocates, but small
agencies rarely do.
Thus, the major issues in developing a protocol in large metropolitan areas or in large law
enforcement agencies are likely to be quite different than those in rural areas and in small
agencies. Although victims' needs are the same and the elements of effective
investigation and prosecution are the same irrespective of the jurisdiction, the protocol
itself should reflect the circumstances within different jurisdictions.
Specific Rights and Services for Victims from the Criminal and Juvenile Justice
Continuum and Allied Agencies
The system for services and support for victims of rape and sexual assault should include
emergency or crisis services, support throughout the criminal or juvenile justice system,
and medical, mental health, financial, legal, or other types of support as needed.
In many communities across America, a system of responses takes place for rape victims
who choose to report the crime to law enforcement. Rather than looking at the response
to rape victims in the traditional way (i.e., what each agency and/or individual should do
for a rape victim), the "victim-centered" approach looks at the needs of the victim at each
stage and recommends various agencies that could provide the needed service or support.
ROLE OF THE FIRST RESPONDER TO RAPE VICTIMS
The first responder can be a hotline operator, a rape crisis center advocate, a police
officer--all of whom must be trained in victim sensitivity and crisis response techniques,
with a special focus on telephone communication skills. The basic victim assistance
needs at this initial stage include the following:
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
Determining if the victim needs any emergency medical care.

Responding to the safety and security needs of rape victims--determining if the
alleged assailant is still nearby and if the victim needs protection.

Assisting with or providing transportation for the victim to the hospital.

Advising the victim of the need to preserve evidence (by not bathing, showering,
washing garments, etc.).

Providing crisis intervention counseling, in person or over a hotline.

If the victim requests a supportive person, obtaining a personal friend or
professional to immediately join the victim.

If the victim requests, staying on the phone or at the physical location with her.
The First Response to Victims of Crime handbook developed by the Office for Victims of
Crime (January 2000) suggests that first responders be prepared for any type of emotional
response by victims. First responders are cautioned to avoid interpreting a victim's
calmness or composure as evidence that a sexual assault did not occur. The desire to
forget details of a horrific crime is normal and should not be interpreted as resistance to
giving a statement. First responders are instructed to be supportive without appearing
overprotective or patronizing.
Medical care following rape. Emergency medical care, especially the collection of
evidence through a forensic examination, is critical for both the victim and the protection
of evidence for prosecution. Medical care providers must fulfill two sometimes
conflicting roles: they must meet the rape victim's medical and emotional needs, and they
must collect evidence to be used in a legal proceeding. Comprehensive medical protocol
in the aftermath of rape includes the following components:

Collecting forensic evidence (rape exam) in a sensitive manner. As of July 1995,
all states now pay for the cost of the exam. This exam includes an internal
examination, pubic hair combings, nail scrapings, saliva samples, swabs for
foreign materials on the victims' body, and an overall examination for bruises and
lacerations and other physical trauma. It is one of the greatest sources for
"secondary injury" in the aftermath of rape. It is very important to provide rape
victims with a supportive person, a trained social worker at the hospital or a rape
crisis intervener from a local rape crisis program to accompany the victim during
this exam. It is also important to let the victim know that it is her choice whether
or not to have the advocate present.

Obtaining the victim's complete medical history, including the date of her last
period, contraceptive use, sexually-transmitted disease (STD) information. etc.

Treating the immediate physical injuries of the victim.
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
Diagnosing and treating sexually transmitted diseases.

Conducting pregnancy tests, providing counseling, and providing drugs for
terminating a potential pregnancy, if the patient wishes.

Obtaining blood and urine samples for drug screening if medically appropriate
(Speck 1999).

Providing information about HIV/AIDS. A baseline HIV test immediately after
the assault should be conducted, followed by repeated tests every three months for
up to two years.

Providing information about victim compensation.
Many hospitals across the country have established protocols on treating sexual assault
and rape victims. However, The National Women's Study asked victims if they had a
medical examination following the assault. The study found the following:

Only 17% of all rape victims were examined medically.

60% (of these 17%) rape victims were examined within twenty-four hours of the
assault, and 40% were examined more than twenty-four hours after the assault.

Two-thirds of rape victims told their doctors that they had been sexually
assaulted; the remaining one-third did not.
In addition, many recommended practices and protocols did not occur in all rape
examinations:

60% of rape victims were not advised about pregnancy testing or how to prevent
pregnancy.

73% were not given information about testing for exposure to HIV/AIDS.

39% were not given information about testing for exposure to sexually
transmitted diseases.
Despite some improvements in the dissemination of information about testing for
pregnancy, HIV/AIDS, and sexually transmitted diseases to rape victims, the following
conditions remain:

The rate of non provision of information about pregnancy prevention to recent
rape victims was similar to that reported overall (55% vs. 60%).

33% of recent rape victims were not given information about testing for exposure
to sexually transmitted diseases as opposed to 40% of all rape victims.
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
50% of recent rape victims were not given information about testing for
HIV/AIDS, despite the fact that rape clearly constitutes an unprotected exposure
to bodily fluids of assailants with unknown HIV/AIDS status.
Sexual Assault Nurse Examiner (SANE) programs offer an innovative approach to
handling the medical/evidentiary aspects of sexual assault and child abuse cases through
the use of technology, nurse examiners, and specialized settings. Instead of having
doctors handle these cases in busy emergency rooms, SANE programs create a special
environment for victims and use trained nurse examiners to conduct the evidentiary
medical examination and present the forensic evidence at trial. According to the Tulsa
Police Department, the nationally recognized Tulsa SANE program has substantially
improved the quality of forensic evidence in sexual assault cases.
The Sexual Assault Resource Service (SARS) of Minneapolis developed a guidebook
entitled SANE Development and Operations Guide to be used by jurisdictions interested
in developing SANE programs (Ledray 1999). This guidebook (available online for
downloading at www.sane-sart.com) stresses the need for a community approach when
developing the program. Some programs such as the Memphis Sexual Assault Resource
Center have a free-standing location where only sexual assault victims are seen. This
center has nurses and advocates on call 24 hours a day and a counseling program on site.
Whether co-located in a single facility or, more commonly, located throughout the
community, the collaboration of law enforcement, medical professionals, justice system
and rape crisis programs is essential to meet the needs of rape victims.
ALCOHOL, DRUGS, AND SEXUAL ASSAULT
Alcohol related sexual assault. Alcohol consumption is a recurrent factor in sexual
assault. Often times, the perpetrator has been drinking on average of 34-74 percent and
the victim has been drinking on an average of 50 percent of the time. It is important to
note that while alcohol consumption places the victim at an increased risk of being
sexually assaulted, it in no way blames or places responsibility of the assault on the
victim. Sexual assault is always the perpetrators fault. Yet, the presence of alcohol in
both individuals makes it hard to decipher the effects of alcohol consumption on the
perpetrator’s behavior verses the victim’s behavior.
Although most rapes are committed by an acquaintance of the victim, most reported rapes
are those committed by a stranger. Alcohol-involved sexual assaults and non-alcoholinvolved sexual assaults share common characteristics, such as the perpetrator is an
acquaintance of the victim, either a friend or date, and he uses physical force or a verbal
threat to sexually assault the victim who expresses her non-consent and tries to resist.
However, the two differ in that the relationship between the victim and perpetrator is in
the beginning stages, meaning that they do not know each other well and the assault is
more likely to happen in the place of meeting, such as a party or bar.
In investigating alcohol’s role in sexual assault, there are two main avenues that have to
be explored: (1) surveys of victims and perpetrators and (2) laboratory studies of alcohol
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effects on human behavior. With sexual assault being such an intimate and personal
crime, the first serves as the primary source of information. One must understand both
approaches are needed for accuracy, because both approaches are limited. “Surveys of
victims and perpetrators cannot unequivocally demonstrate a cause effect relationship
between alcohol and sexual assault, where as laboratory studies cannot measure actual
responses to sexual assault.”
In studying alcohol’s contribution to sexual assault, it is important to examine both distal
factors that include variables such as personality traits, attitudes and general life
experiences of the individuals involved as well as situational factors, such as the
prevalence of alcohol consumption, the location and environment of the assault as well as
the quality of the relationship between the victim and the perpetrator. Important findings
regarding distal factors include:
 Perpetrators of sexual assault were more likely to illustrate a more hostile
and less empathetic personality towards women than other men.
 Perpetrators of sexual assault were more likely to embrace traditional
patriarchal stereotypes about gender roles than other men.
 Perpetrators of sexual assault were more likely to experience abuse or
violence and partake in sexual activity at an earlier age and more
frequently than other men
(The above analysis was written by Janelle Jones for the Tennessee Social Norms Project
for the Tennessee Coalition Against Domestic and Sexual Violence. This is a summary of
“Alcohol and Sexual Assault” by Antonia Abbey, Ph.D.and colleagues.)
Rohypnol and other drugs used in rape. Rohypnol (roofies), Gamma Hydroxybutrate
(GHB) and Ketamin have been termed "acquaintance rape drugs." These drugs have been
used to incapacitate potential sexual assault victims (Hindermarch and Brinkman 1999).
Rohypnol, the best known of these drugs, is not approved for medical use in the United
States. It is a benzodiazepine that was developed for use as a treatment for insomnia and
as a pre-medication for anesthesia. Rohypnol has physiological effects similar to Valium
although Rohypnol is approximately ten times more potent (DEA 1999).
Rohypnol has a hypnotic effect and sedation begins twenty to thirty minutes after
ingestion. The effects peak at one to two hours and may persist for six to eight hours. The
drug causes anterograde amnesia which means that the user remembers little about the
time during which he or she is sedated. Another widely reported effect of Rohypnol is
disinhibition (Smith, Wesson, and Calhoun n.d.). The combination of Rohypnol with
alcohol increases its sedative and amnesic effects, making it the "drug of choice" for
some rapists who use this drug on unsuspecting victims.
LAW ENFORCEMENT
Innovations in law enforcement-based victim assistance. The past two decades have
been marked by two significant advances in law enforcement's response to rape cases:
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1. The creation of specialized sex crime units to enhance the agency's efficiency and
send a message to the community that the department is deeply committed to
solving sex crimes.
2. The development of in-house victim/witness assistance units that review all
reports, sort out the felonies, and contact each victim of a felony crime, usually by
phone. Law enforcement-based victim assistance professionals make referrals to
rape crisis centers, contact victims who have delayed reporting, and provide
community education in rape awareness and prevention.
Reporting rapes to law enforcement. New methods for reporting rape and for guarding
victims' privacy have been developed over the last two decades in an attempt to increase
victims' willingness to report crimes and to cooperate throughout the investigation.
In deciding whether to report the assault, a victim has the following options:

Immediately file a report of the rape with law enforcement.

Report the rape to hospital emergency room personnel (who may or may not be
required by law to report the incident to law enforcement).

Defer filing a report while further considering the issue.

Tell a friend, relative, therapist, or rape crisis center counselor, requesting that the
person not report the assault.

Not report the crime to anyone (Epstein and Langenbahn 1994, 17-25).
Interviewing rape victims. Victims are now interviewed at different stages and with new
techniques. In The Criminal Justice and Community Response to Rape, a checklist for
law enforcement officers who are conducting initial interviews with rape victims,
developed by the King County (Washington) Prosecuting Attorney's Office, is offered
(Ibid.):

Approach the victim in a gentle, supportive manner, bearing in mind the physical
and psychological damage s/he has endured. Be patient and nonjudgmental.

Assure the victim that s/he is safe now, and that you are there to help him/her.

Avoid any forceful or aggressive behavior [that] might be threatening to the
victim.

Minimize unwarranted attention and publicity. Protect the victim's anonymity.

Protect the victim from unnecessary questioning by other police officers and
afford him/her whatever privacy is available.

Request that the victim . . . not wash or douche and explain the rationale for this
instruction (it may destroy physical evidence).
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
Avoid in-depth questioning of the victim unless you will be assigned to conduct
the entire investigation. However, do obtain a physical description [of the
suspect], clothing . . . vehicle, if any, direction of flight, and type of weapon if the
suspect is armed.

Transmit a radio alarm for the suspect based on this description.

Include in the supplement to the initial report a specific description of the victim's
physical and emotional condition, any injuries, damage to clothing, and any
information [that] will be of value in establishing proof of . . . [force].

Accompany the victim to [a] hospital or personal doctor of her or his choice.
Explain procedures in order to demystify the medical procedures and put her or
him more at ease.

If necessary, inform hospital emergency personnel or doctors of the importance of
an internal and external examination and of what police evidentiary needs are:
semen slide from site of penetration as proof of penetration, and documentation of
any bruises or injuries and overall physical and emotional condition as proof of
forcible copulation.

Ensure that the victim is treated for possible pregnancy and venereal disease.

If the victim has visible scars, marks, or bruises, take photos. If marks or bruises
are in [the] genital area, have them taken by [a] nurse or female police officer (if
the victim is female).

Obtain a rape kit from [the] doctor and deliver to [the] lab for analysis.

Take the victim's garments and other stained or torn objects for [a] semen and
blood analysis, and as proof of force and penetration. Make sure all the garments
worn during and after the assault are accounted for. If the assault occurred on a
bed, take the bedclothes. Place garments and other items in clean paper sacks to
avoid contamination during transport and storage.

If [an] arrest is made soon after the crime, examine the defendant's clothing and
underwear for rips [and] blood or semen stains and note his general condition.
Take pictures of him, if possible.

Carefully note any statements or admissions by [the] defendant.

Advise the victim of available counseling groups and other victim services. Make
sure a victim/witness advocate has been contacted.

Remember that the actions of the first officer on the scene may have a vital
impact on the future psychological well-being of the victim. Every effort should
be made to relieve feelings of shame or guilt, and to treat the victim with a sense
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of dignity and professionalism [that] will aid her or him on the road to recovery
and . . . help her or him to regain self-esteem.
In addition, extensive experience of victim advocacy from the law enforcement
perspective points out the need to:

Begin the interview and investigation with a general statement which clarifies that
while some of the questions may appear to be judgmental or blaming, they are
not intended to be so; they are simply necessary to conduct the most thorough
investigation.

Advise victims of the state compensation program, and provide forms for
completion (as well as referrals to advocates who can assist with securing
compensation).

Implement a strong policy that protects the identities of rape victims from the
media, coordinating such privacy protection efforts with the police public
information department, rape advocacy organizations, and the news media.

Coordinate rape victim support efforts with rape crisis centers, ensuring that the
victim is advised of the availability of immediate support and advocacy and, upon
request, contact a rape counselor or advocate to go the crime scene or hospital.

Coordinate the prompt return of property that is used as evidence with the
prosecutor's office.
For example, a rape victim who was sexually assaulted in her bedroom wanted to
know when she could get her bedspread back from the police. Both the law
enforcement agency and victim advocate in the case wrongfully made the
assumption that she would not be interested in ever seeing the quilt again.
However, since the bedspread matched the decor of her room that she had taken
great pride in decorating, the victim was eager to have this evidence returned.

Provide information about victim compensation and referrals to agencies or
professionals who can help process the application.
The information obtained by law enforcement in its initial and ongoing investigation is
critical to the district attorney's decision whether or not to prosecute. As such, the
collection and monitoring of law enforcement information should be closely coordinated
with prosecutors' offices.
Orders of Protection for Victims in Tennessee. In 2004 and 2005, the state of
Tennessee made legislative changes to affect order of protections and ex-parte orders.
Specifically, the changes reflect the following:
 T.C.A. 36-3-601 has been amended to include definitions for victims of abuse,
stalking, and sexual assault. Prior to this change, stalking victims and sexual
assault victims were not protected under this legislation. (T.C.A. 36-3-601)
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

T.C.A. 36-3-602 (b) has been amended to reflect that petitions can be filed by
persons under the age of 18 as long as a parent, guardian, or court appointed
representative signs and files the petition on the behalf of the child, (T.C.A. 36-3602).
T.C.A. 36-3-605 was amended to state that ex-parte orders “shall be personally
served to the respondent. However, if the respondent is not a resident of
Tennessee, the ex parte order shall be served pursuant 20-2-215 and 20-2-216,”
(36-3-605).
PROSECUTION
Many district attorneys utilize a vertical prosecution approach to rape cases, with
prosecutors who are specially trained in sexual assault case management. The same
prosecutor handles a case from the investigation through the decision to prosecute to the
verdict and sentencing, when applicable. In many jurisdictions, specialized units--which
include investigators, prosecutors, and victim advocates--serve to further streamline the
prosecutorial process, and ease the trauma of the victim in rape cases.
Roles and responsibilities of prosecutors relevant to rape victims. Upon initial contact
with a rape victim, prosecutors should explain their specific roles and responsibilities in
the criminal or juvenile justice continuum. These include the following:

Prosecutors should ensure that victims have received information about victim
compensation and assistance in completing and processing the forms.

Prosecutors should coordinate with law enforcement and medical professionals to
limit the number of times a rape victim must be interviewed for a case.

Victims should be notified of all relevant criminal or juvenile justice proceedings
and, when allowable under law, be allowed to attend such proceedings.

The availability of "no-contact" orders should be explained to victims, and
prosecutors should help victims who want such protection by requesting
protective orders on their behalf from the court.

Prior to any plea agreements, prosecutors should receive input from the victim.

In cases of plea agreements, victim impact statements are particularly important.
If a defendant pleads to a lesser assault charge, it is very important for the court to
know the extent of the physical, psychological, and financial damages the victim
endured, regardless of the plea bargain.

Prosecutors should always take appropriate measures to protect the victim's
identity from the media and the public.
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
Prosecutors should request that the court allow a supportive person--such as a
relative, friend, or victim advocate--to accompany the victim to all court
proceedings upon request or as needed.

Rape shield laws available in all fifty states and at the federal level--which
prevent the defense from delving into the past personal and/or sexual history of
the victim--should be enforced at all costs. Any motion to admit such evidence
must be vigorously opposed by prosecutors.

Prosecutors can seek expert testimony of medical professionals to explain
physical trauma and mental health professionals to explain rape trauma syndrome,
posttraumatic stress disorder (PTSD), and rape-related PTSD to the court.

In cases of trials (or adjudication hearings in juvenile court), rape victims should
have the opportunity to submit victim impact statements to the court prior to
sentencing, either by addressing the court in person (allocution) or in writing, by
audio tape, or by video tape. Victim service providers, prosecutors, and often
probation officers are the key professionals in coordinating the use of the victim
impact statement.

Any special conditions of sentencing requested by the victim--such as protective
orders, restitution, testing for HIV (with the results provided to victims in states
that allow this by statute), and sex offender treatment--should be presented to the
court at sentencing.

In cases that result in prison or youth detention sentences, or "findings,"
prosecutors should provide victims with information about how to register to be
notified of an offender's status, potential release, or release from state institutional
corrections or parole agencies.

In cases in which the prosecution does not have enough evidence to indict the
offender, it is important to carefully explain this decision to the victim. Victims
may interpret the lack of prosecution as a justice system failure. If the prosecutor
believes that the victim was assaulted, but cannot proceed because of evidentiary
or other legal reasons, this should be explained to the victim in an effort to
minimize the "secondary victimization" at the hand of the legal system. Support
persons of the victim's choosing, such as a family member, friend or victim
advocate, should be able to attend these and any other conferences with the
prosecutor.
VICTIM SERVICES
One of the goals of providing assistance to rape victims is helping them to gain a sense of
empowerment. It is important that advocates and mental health professionals encourage
victims to regain a sense of control in their lives post-rape. Since victims frequently
blame themselves for the assault, it is important for victim advocates to remind victims
that, even if there were choices within their control that could have contributed to greater
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personal safety, they are in no way responsible for the fact that they were sexually
assaulted.
On the other hand, victims may have limited control of the aftermath of a reported rape.
Advocates can assist victims by explaining the justice system processes. Frequently an
arrest is not made or is made more slowly than a victim would prefer. Sometimes cases
are not prosecuted due to insufficient evidence. Advocates can help victims overcome
these hurdles by giving them accurate information and coordinating meetings with law
enforcement, prosecutors, and correction officials. Knowing they have been heard by the
"system" is essential for victims, as it often allows them the comfort of knowing that they
did everything possible to promote their desired outcome.
Sexual assault advocates may be paid professionals or trained volunteers who are
committed to working with victims. They share the common goal of assisting victims as
they navigate through the horrific aftermath of an assault. Sexual assault advocates:

Maintain a victim-centered approach to the delivery of assistance.

Provide the victim with information needed to make informed choices.

Make appropriate referral for counseling and other community services, such as
HIV/STD testing.

Provide information and support from the time of report, through adjudication,
and post sentencing.

Provide counseling for the victim, family members and/or significant others or
make referrals to appropriate resources.

Work with allied professionals to protect the privacy of the victim in the news
media.
The specific duties of victim advocates differ depending on the setting. Advocates at a
rape crisis center may:

Answer hotline calls from victims.

Give victims information about how to report an assault to police.

Assist the victim in determining whether or not she or he wishes to report.

Make referrals for crisis or long-term counseling.

Meet victims at an emergency room or hospital and offer to be present during the
medical/forensic exam.

Provide information regarding victim compensation.
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
Serve as a liaison for the victim with law enforcement and the criminal or juvenile
justice system.
Advocates who work within a law enforcement agency may:

Accompany the victim for a rape exam.

Attempt to contact victims who have not followed through with a report.

Ensure that victims are interviewed in a private setting.

Work to ensure the victim's anonymity.

Coordinate services with a rape crisis center if there is one in the area.

Make referrals to meet victims' social service needs.

Make referrals to counselors trained to work with victims.
Advocates who work for the prosecutor may:

Notify victims of upcoming court dates and let them know when and if they can
attend.

Let the victim know that he/she can be accompanied to court by a support person
or by the advocate if desired.

Assist the victim in developing a victim impact statement.

Ensure that victims have a private waiting area prior to testimony.

Ensure that the victim's wishes regarding interaction with the news media are
respected.
Advocates who assist victims, post-conviction/adjudication, may:

Interface with probation/parole officers if asked to do so by the victim.

Articulate the victim's wishes regarding implementation of core rights, including
notification, restitution, and protection.

Ensure that the victim receives notification of the status change of the offender, if
desired.

Assist victims with developing a letter or statement regarding victim impact to be
sent to the parole board.

Offer to accompany victims to parole hearings to offer support.
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The needs and desires of the victim should always be the advocate's primary concern.
Advocates must be aware of confidentiality issues regarding victim interviews and
statements and should make sure that the victims they serve are also aware of these
limits.
When interviewing victims of sexual assault, it is critical to clearly define terms when
discussing rape or sexual assault. The victim's culture will influence what acts he/she
considers to be beyond the cultural norm, thus to be labeled as an assault. Key words
become even more important when interviewing non-English speaking victims. Words
that translate the same into English may have different connotations depending on the
victim's experience or country of origin. For instance, rapto and violacion sexual are
words that mean rape in Spanish. Their idiomatic meanings differ dramatically and can
alter the meaning of an interview question depending on the victim's understanding of the
phrase (Lira, Koss, and Russo August 1999).
Advocates who are not mental health professionals should develop relationships with
mental health practitioners in the community to facilitate referrals. An advocate's ability
to network within the law enforcement and social service communities can provide
victims with timely, appropriate services to meet needs that might not otherwise be
addressed.
JUDICIARY
In the past decade, substantial progress has been made to provide judges with training
and resources that can help them handle rape cases in the most sensitive manner possible.
Through efforts sponsored by the Office for Victims of Crime, Violence Against Women
Office, National Coalition Against Sexual Assault, The National Judicial College, and
others, many curricula have been developed and taught to the judiciary to heighten their
awareness of the special needs of rape victims.
Roles and responsibilities of judges relevant to rape victims.

Upon request, judges should issue "no-contact" orders or other measures of
protection requested by the victim.

In voir dire, judges must take extreme caution and allow prosecutors to assess any
attitudes among potential jurors that might tend to "blame the victim," or
contribute to misunderstandings about the nature and extent of sexual assault
crimes.

Judges should close all court proceedings involving rape cases to the media and
the general public.

Persons supportive of the victim should be allowed to be present with him or her
in the courtroom.
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
Expert witnesses called by the prosecution can be utilized to better explain
psychological and physical traumas experienced by rape victims.

Victim impact information should always be solicited in cases involving
diversion, plea agreements, or jury/judge verdicts. The use of victim impact
statements can be enhanced by close coordination among prosecutors, probation,
and the judiciary. Any victim impact information should be included in the
offender's file (in a confidential section that prevents access by the offender
and/or his or her counsel) that is forwarded to probation, corrections, and/or
parole.

Any special conditions of sentencing requested by the victim--such as HIV
testing, restitution, protective orders, or specific offender treatment--should be
given serious consideration by judges.

The imposition of restitution and fines should be mandatory in all rape cases, with
judges considering the long-term financial impact of the crime on victims who
may have future expenses related to medical needs, counseling, relocation, time
lost from work, etc.
PROBATION
Cases involving plea bargains or court sentences to probation or diversion are handled by
probation departments. Victim sensitivity on the part of probation officials and
consideration of victims' rights and needs are essential components of probation-based
victim services.
Roles and responsibilities of probation relevant to rape victims.

Victim impact information should be incorporated as a component of presentence
investigative reports (PSIs) in all sentences that result in probation.

Any special conditions requested by the victim should be considered and
implemented in accordance with law. These might include protective orders; sex
offender treatment; alcohol or other drug abuse treatment; and HIV testing or
testing for sexually transmittable diseases (with the results provided to victims in
jurisdictions where this is a statutory right).

Restitution to rape victims should be given priority over other fines levied against
probationers. Probation officials should assess the long-term financial losses that
victims might incur, make appropriate recommendations, and coordinate
operational systems with the court that collect and disburse restitution payments
to rape victims.

If victims request to be notified of probation violations, they should be contacted
when/if such infractions occur. In jurisdictions that allow victim input at violation
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hearings, victims should be notified of this right, and be allowed to testify if they
wish.

If victims express a desire to participate in victim/offender programming (such as
mediation or victim impact panels), their wishes should be fulfilled.
CORRECTIONS
Over the period from 1985 to 1993, there has been only slight variation in the average
sentence received for rape and sexual assault by those entering state prisons. Entering
prisoners convicted of rape have received sentences averaging between twelve and
thirteen years, while those convicted of sexual assault have been admitted to prison with
sentences averaging between eight and nine years. There is no evidence from national
data on those admitted to state prisons that the average sentence for either category of
crime has been lengthened.
National data on sex offenders discharged from state prisons between 1985 and 1993
reveal two distinct trends: an increase in the average length of stay; and an increase in the
percentage of the sentence served in confinement prior to release (Greenfeld 1996, 19).
Nearly all of America's state correctional agencies and the Federal Bureau of Prisons
have victim service programs that provide information, notification, and referrals to
victims and witnesses. Victim service providers should be aware of the specific rights and
services that are mandated by law and/or by correctional agency policy to be able to best
inform and serve victims of rape.
Roles and responsibilities of corrections relevant to rape victims.

In classifying offenders (to determine their location, level of security, and
program assignments), corrections should review all victim impact information
contained in the offender's file.

All victim information in offender's files should be confidential, with "flags" for
privacy on paper files, and security screens in automated databases.

In cases where HIV testing of convicted offenders is a component of the court
order, corrections agencies should coordinate the testing and release of test results
(where allowable by law) to victims.

Although sex offender treatment programs are available on a very limited basis,
they should be mandatory to the extent possible for convicted rapists.

Restitution orders from the court should be enforced with payments provided to
rape victims in accordance with state law and/or agency policy.

Correctional agencies that collect restitution from inmates should coordinate the
prompt disbursement of monies to rape victims.
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
Upon request, victims should be notified about changes in the offender's status,
such as movement to a lower-level security institution, pending release, release,
escape, or death.

In instances where correctional employees are sexually assaulted by inmates,
Departments of Corrections should have protocols, policies, and programs in
place that provide for immediate and long-term support and services for the
victim.
PAROLE
Sensitivity to rape victims' needs--from both paroling authorities, parole boards, and
parole agents--is essential to avoid compounding victim trauma. The potential release of
a rapist is a terrifying prospect to most victims. Paroling authorities and personnel should
be knowledgeable about the long-term effects of rape, especially responses that might be
"triggered" by parole or parole release hearings (such as rape-related PTSD). It is
interesting to note that in several states, a rape victim serves as a member of the parole
board.
Roles and responsibilities of parole relevant to rape victims.

When allowed by statute, victims should be notified of parole hearings and of any
rights they have relevant to such hearings (such as participation, attendance, and
providing victim impact information). Support persons including family members,
friends, and victim advocates should be allowed to accompany victims to
hearings.

Victim impact information from sentencing should be included in offenders' files
that are reviewed by paroling authorities.

Victim impact statements at parole should be allowed in five forms: allocution,
written, audiotape, videotape, or teleconferencing. Victim impact statements
provided at the time of any parole or release hearings should be compared to the
initial victim impact statement provided at the time of sentencing. When
permitted by law and upon request from the victim, the delivery of impact
information should be confidential.

Parole boards should consider any reasonable requests from rape victims relevant
to the offender's release or supervision, including but not limited to: protective
orders; commitment to a geographical area that is not in the victim's community;
when allowed by statute, HIV testing (with the results provided to victims upon
request); sex offender treatment; abstinence from alcohol and/or other drugs;
special monitoring (such as electronic monitoring); and restitution.

Upon request, rape victims should be notified if the offender in any way violates
the conditions of parole and should be allowed to submit victim impact
information at parole revocation hearings.
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
Contact information for the convicted rapist's parole agent should be provided to
the victim, including how someone in the paroling authority can be reached
twenty-four hours a day.
Clearly, the criminal or juvenile justice continuum for rape victims requires concerted,
ongoing, multidisciplinary efforts that focus on reducing the amount of trauma a victim
will have to endure throughout the system. Education for all system professionals about
the psychological, physical, and financial effects of rape--as well as how these effects can
be compounded by participation in the criminal justice process--should be incorporated
into orientation and continuing education programs for all professionals. Involvement
with and reliance on the many valuable services offered by victim service providers are
essential to guaranteeing a continuum that is sensitive.
The Management of Sex Offenders in the Community
On any given day, there are approximately 234,000 offenders convicted of rape or sexual
assault under the care, custody, or control of corrections agencies; nearly 60 percent of
these sex offenders are under conditional supervision in the community (Greenfeld 1996).
A relatively recent public policy phenomenon in the United States has focused national
and community attention on managing sex offenders in the community, with an emphasis
on public protection and reduction in recidivism. Two significant initiatives have
emerged as a result: the implementation of sex offender community notification laws, and
sex offender monitoring by community corrections agencies that recognizes the rights
and needs of communities and the victims. Both initiatives merit the attention and
involvement of victim advocates.
SEX OFFENDER COMMUNITY NOTIFICATION LAWS
In 1996, federal legislation mandated that all states establish a community notification
program or lose ten percent of their federal law enforcement funding under the Byrne
Memorial State and Local Law Enforcement Assistance Funding program. As of October
1997, forty-seven states had passed "community notification" laws that require law
enforcement agencies to inform local communities that convicted sex offenders are
residing in their neighborhoods or allow public access to this information.
Community notification laws allow or mandate that law enforcement, criminal justice, or
corrections agencies give citizens access to relevant information about certain convicted
sex offenders living in their communities. These laws are distinct from sex offender
registration laws, which require convicted sex offenders who are living in the community
to notify police officials of where they are living. They are also distinct from victim
notification laws, which mandate that crime victims who wish to receive information
about the criminal justice processing or release status of the person(s) who victimized
them are provided with it.
Provisions of community notification laws vary state to state. States differ in their
methods of informing the public of a sex offender's presence in their community and the
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extent of the information they provide. Some states proactively inform the community,
while others make information available to citizens upon request. Those states using
community notification laws have essentially established four notification categories:

Broad community notification (18 states) releases information about sex offenders
to any person or organization who requests it.

Organizational notification (14 states) informs organizations that are especially
vulnerable to particular offenders such as day care centers and schools.

Individual notification (13 states) informs victims and classes of victims of the
presence of specific offenders in the community.

Police notification (14 states) allows persons or organizations to obtain sex
offender registry information from local law enforcement.
Typically, individuals and organizations get offenders' names, photos, crime descriptions,
and age(s) of their victim(s). Information is often provided on how offenders target their
victims as well as their modus operandi. Some notifying agencies may also provide
community members with information about the nature of sexual offending, the
characteristics of sex offenders, methods of self or community protection, and
information about what can be done when one learns that a sex offender is living in
his/her neighborhood.
(The preceding material in this section is derived from "An Overview of Sex
Offender Community Notification Practices: Policy Implications and Promising
Approaches" published by the Center for Sex Offender Management (CSOM) in
November 1997.)
The role of victim service providers in community notification efforts includes the
following:

Obtaining information about statutory mandates for community notification and
the processes that are utilized in the state to fulfill such mandates for
incorporation into their community outreach and victim assistance resource
materials.

Providing information to victims of rape and sexual assault about community
notification laws, processes, and any specific rights relevant to victims.

Collaborating with justice agencies (such as law enforcement and probation) that
are responsible for community notification and offering assistance in developing
public education, community protection, and information/referral resources.

Participating in any community forums related to either community notification of
a specific offender(s), or the issue of community notification in general.
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
Utilizing community notification processes as an opportunity to publicize the
availability of supportive services and assistance for reporting and non-reporting
victims of sexual assault.
State of Tennessee Notification Laws
The following was taken from the Sexual Offender Notification Release, 2004:
The "Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification,
and Tracking Act of 2004" was effective as of August 1, 2004. Those persons convicted
of a sexual offense or on probation, parole, or released on or after January 1, 1995, and
classified as a "sexual offender" or "violent sexual offender" as defined by this act are
required to register with the designated law enforcement agency. Those persons who are
classified as "sexual offenders" will also be required to report once annually to register.
Persons classified as "violent sexual offenders" will be required to report quarterly each
year.
In addition to the registration requirements of "Tennessee Sexual Offender and Violent
Sexual Offender Registration, Verification, and Tracing Act of 2004," it is unlawful for
any sexual offender to knowingly reside or work within 1000 feet of a public or private
school, day care center, or child care facility. It is also unlawful for any sexual offender
to knowingly reside within 1000 feet of the property where the offender's former victims
or their immediate family live or knowingly come within 100 feet of the offender's
former victims. There are also provisions in law concerning offenders living in the same
household as a minor unless certain conditions are met.
Violations of the "Tennessee Sexual Offender and Violent Sexual Offender Registration,
Verification, and Tracking Act of 2004" are now Class E felonies, and punishment of
repeat offenders is enhanced.
For additional information concerning sexual offender registration you can contact the
Tennessee Bureau of Investigation Sexual Offender Registration at 1-888-837-4170,
(Sexual Offender Registration Release, 2004).
Another resource in the state of Tennessee is VOICE (Victim Offender Information Call
Emissary) which provides registered victims with the following:





Offender's current location within the system
Date the offender's sentence went into effect
Sentence expiration date
Date of parole eligibility
Earliest date that an offender can be released under executive order for
overcrowding (most violent offenders are excluded from this provision)
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For information on how to register, individuals can call the Victim’s Coordinator at (615)
741-1000, ext. 8145 or by visiting their website at www.state.tn.us/correction/voice.html,
(Tennessee Department of Correction, Tennessee.gov).
MONITORING/MANAGING SEX OFFENDERS IN THE COMMUNITY
With the majority of convicted sex offenders residing in communities, significant efforts
in many jurisdictions have resulted in a "containment approach" that includes community
protection and victim advocacy as well as the supervision, evaluation, and treatment of
sex offenders under community supervision. Leadership from the Maryland-based Center
for Sex Offender Management, with support from the U.S. Department of Justice, has
provided extensive training and technical assistance that incorporates both input and
involvement of victim service professionals.
Collaborative efforts among probation and parole agencies, law enforcement agencies,
sex offender treatment professionals, and victim service providers are crucial to the
containment approach to managing sex offenders in the community. The specific roles of
victim advocates are best illustrated by a model program in Connecticut entitled
S.A.F.E.-T. (supervision, advocacy, follow-up, and treatment). A sexual assault victim
advocate participates in the S.A.F.E.-T. Intensive Sex Offender Unit, and provides for
victim and community safety by facilitating increased input, involvement, and
cooperation from victims, their families, and the community at large.
The victim representative on the team does the following:

Educates victims and the community about the intensive probation unit.

Establishes a communication link with the victim, when possible, to provide
information/ feedback from the victim to the unit, including valuable information
about the offender's behavior.

Keeps the victim informed of the offender's status.

Provides direct services to victims and family members who are experiencing
trauma when the offender is released into the community.

Speaks to community groups to promote broad community involvement as part of
the offender supervision network.

Provides information about risk reduction and available community resources to
community groups.

Assists with the community notification process.

Provides information and support to community members with concerns about the
community notification process.
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
Works with the intensive probation unit on home visits and field visits.

Shares with the team information about any behavioral violation gathered by the
community or the victim.

Participates in offender treatment programs, including counseling groups and
victim empathy segments.

Provides information and training about victim issues.
Effectively managing sex offenders in the community with an emphasis on victim and
community protection requires the commitment and collaboration of victim service
providers. By making victims' rights and interests a top priority and providing
information and assistance to victims and the community, victim service providers have a
valuable and vital role in community-based sex offender management processes.
Significant State Statutory Provisions
Many statutory changes have been enacted across the states to address all forms of sexual
assault and rape. The following are two significant reform measures that pertain to victim
service providers:
MARITAL RAPE
Prior to the passage of these laws, "rape" within a marriage or co-habituating relationship
was not considered rape. In the 1980s, a California legislator shocked many citizens
when he asked, "If you can't rape your wife, who can you rape?" Today, most states have
reformed this exemption, making marital rape a specific offense, but exemptions still
exist in some states.
In the state of Tennessee, legislation passed to include spousal rape in 2004 with
lobbying efforts from the Tennessee Coalition Against Domestic & Sexual Violence.
SB0556 and HB1116 deleted the “limited spousal rape exclusion” and insures that
victims of spousal rape receive the same protection as unmarried victims (TCADSV,
2005).
PRIVILEGED COMMUNICATION FOR VICTIM COUNSELING
For many rape crisis advocates and interveners, the issue of confidential communications
with rape victims has been one of their most frustrating and ongoing challenges. Without
the protection of client/professional confidentiality granted to licensed mental health
professionals such as psychologists or social workers, some rape crisis workers have
faced subpoenas and have even been jailed on contempt charges for refusing to divulge
the substance of their conversations with rape victims.
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As early as 1982, the President's Task Force on Victims of Crime selected privileged
communication between rape and domestic violence advocates and victims as a top
priority for legislative change.
It is important to note that rape crisis advocates working in criminal or juvenile justicebased agencies (law enforcement/prosecution) are not covered by this confidentiality
protection due to discovery rules (their communications may contain information that is
helpful to the defense). It is also important to note that OVC's New Directions reiterated
the need for this legislation (OVC 1998).
The state of Tennessee has legislation addressing privileged communication between
certified master social workers, certified or registered social workers, and licensed
psychologists (T.C.A. 63-23-107). Tennessee law also addresses rape crisis advocates in
its new confidentiality of records of centers legislation (T.C.A. 36-3-623). This
legislation protects all rape crisis center and domestic violence center records as
“confidential information” and authorizes their release only if the victim provides
authorization or a court subpoena’s records subject to restrictions such as an in camera
review, (T.C.A. 63-23-107).
Significant Federal Laws
Within the last decade, significant federal laws have been enacted that address rights for
sexual assault victims, new classifications of sexual crimes, and funding and support for
the criminal justice response to sexual assault.
THE STUDENT RIGHT-TO-KNOW AND CAMPUS SECURITY ACT OF 1990
Due to a long tradition of handling crime on campus internally and not reporting crimes
to local law enforcement, the extent of campus crime across the country was
underreported for many years. Rape is among several on-campus crimes that now must
report to local law enforcement under this law. Equally important, the law requires
colleges and universities to provide information on safety-related procedures for the
student.
THE HATE CRIME STATISTICS ACT OF 1990
This law requires the reporting of crimes that are motivated by prejudice, race, religion,
sexual orientation, and ethnicity. Women are not considered a "protected class" under the
law; however, information is collected about crimes against women within protected
categories. For the first time on a nationwide basis, sexual assault and rape statistics
covering many types of overlooked crimes are being collected. This information will help
target services and funding for previously undocumented and often unrecognized crimes
against women.
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THE CAMPUS CRIME SEXUAL ASSAULT BILL OF RIGHTS OF 1992
Because of a nationwide problem of sexual assault on college campuses--This was
traditionally handled by campus security, rather than through outside law enforcement
(and as a criminal justice matter)--and often there was pressure on the student-victim not
to report to outside authorities; a Bill of Rights became necessary for college rape and
sexual assault victims. In addition to requiring that campus authorities treat rape victims
with respect, give them information about their criminal and civil justice options, and
establish procedures for assisting victims, rape prevention education is required.
THE VIOLENCE AGAINST WOMEN ACT OF 1994 and 2005 and 2013
The Violence Against Women Act (VAWA) offers an important source of funding for
programs that address the needs of sexual assault victims. While this law has been
described in other chapters, it is important to point out that for victims of sexual assault,
certain provisions of the act are pertinent:


Under this Act, to qualify for the available funding, states have to meet certain
federal certifications, including ensuring rape victims do not pay for forensic rape
exams and domestic violence, sexual assault, and stalking victims are not charged
filing fees for orders of protection.
Federal funding is providing for coordination, investigation, and prosecution of
crimes against women.
Appropriated and authorized funds to implement provisions of the Violence Against
Women Act for domestic violence and rape prevention and intervention programs
represent a significant increase in federal support. However, a key provision of the
Violence Against Women Act that could allow female victims to bring a civil action for
damages against their attackers in federal court has been struck down both in U.S. v.
Morrison and most recently in the case of Christy Brzonkala on May 15, 2000 in the U.S.
Supreme court. The 5-4 ruling dismissed the case of Brzonkala, a rape victim and former
student at Virginia Polytechnic Institute. The Court majority ruled that Congress, in
enacting the civil remedies provision, had overstepped its authority to regulate interstate
commerce and enforce the equal protection guarantee of the U.S. Constitution. In so
doing, the justices rejected the argument that states are not doing enough to protect rape
victims and that gender-based violence restricts women's choices in jobs and travel.
Writing for the minority, Justice David Souter cited "the mountain of data assembled by
Congress, here showing the effects of violence against women on interstate commerce. . .
. Violence against women may be found to affect interstate commerce and to affect it
substantially." (www.findlaw.com/casecode/supreme.html)
DRUG-INDUCED RAPE PREVENTION AND PUNISHMENT ACT OF 1996
This federal statute provides for penalties up to twenty years in prison for the intent to
commit a crime of violence (including sexual assault) against an individual by
distribution of a controlled substance to that individual without his or her knowledge.
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THE HIGHER EDUCATION AMENDMENTS OF 1998
The Higher Education Amendments of 1998 to the Higher Education Act expands rights
of victims of crime on campuses and increases the reporting responsibilities of
institutions to include crimes committed on campus, off campus, on public property, and
in residential facilities for students. There are specific provisions that pertain to
perpetrators and victims of sexual violence as well as grant funding to combat violence
against women on campus and $1 million to conduct a study on how colleges respond to
complaints of sexual assault.
THE HILLORY J. FARIAS AND SAMANTHA REID DATE-RAPE
PROHIBITION ACT OF 1999
The Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 1999 was signed
into law on February 18, 2000 to modify the schedule of the Controlled Substances Act
(CSA) to criminalize the manufacture, distribution, or possession of gamma
butyrolactone (GBL), a "designer drug" associated with date rape and other forms of
sexual assault among young adults. Public Law No. 106-172 directs the Attorney General
to develop model protocols for taking victim statements in connection with investigations
into and prosecutions of violations of the CSA, and other federal and state laws that result
in rape or other crimes of violence. It directs the Secretary of Health and Human Services
to submit annual reports to Congress that estimate the number of incidents of abuse of
date-rape drugs, and requires them to develop a national campaign to educate young
adults, law enforcement personnel, nurses, hospital emergency room personnel, and rape
crisis counselors on the dangers of date-rape drugs, recognizing the symptoms in a victim
and developing appropriate responses. (Public Law No: 106-172, The Hillory J. Farias
and Samantha Reid Date-Rape Prohibition Act of 1999, February 18, 2000.)
Adapted from the National Victim Assistance Academy Textbook, 2002; Chapter 10.
References
Abel, G., J. Becker, M. Mittleman, J. Cunningham, Rathner, J. Rouleau, and W. Murphy.
1987. "Self-Reported Sex Crimes of Non incarcerated Paraphiliacs." Journal of
Interpersonal Violence 2 (1): 3-25.
Acierno, R., H. Resnick, and D. G. Kilpatrick. Summer 1997. "Prevalence Rates, Case
Identification and Risk Factors for Sexual Assault, Physical Assault and Domestic
Violence in Men and Women, Part 1." Behavioral Medicine 23 (2): 53-67.
Bureau of Justice Statistics (BJS). December 1998. National Crime Victimization Survey.
Washington, DC: U.S. Department of Justice.
Campbell, R. June 1998. "The Community Response to Rape: Victims' Experience with
the Legal, Medical and Mental Health Systems." American Journal of Community
Psychology 26 (3): 355-381.
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Center for Disease Control (CDC). 1998. "Guidelines for Treatment of Sexually
Transmitted Diseases. Sexual Assault and STDs." MMWR 47 (RR-1).
Center for Sex Offender Management (CSOM). 1997. An Overview of Sex Offender
Community Notification Practices: Policy Implications and Promising Approaches.
Silver Spring, MD: Author.
Cole, S. 1991. Sexuality of Disability 9 (3).
Craven, D. 1994. "Sex Differences in Violent Victimization." Special Report.
Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, 5.
Crime Victims Compensation Quarterly. 1995 (1).
Crowell, N. A., and A. W. Burgess. 1996. Understanding Violence Against Women.
Washington, DC: National Academy Press.
Drug Enforcement Administration (DEA). 1999. Flunitrazepam-Rohypnol. Washington,
DC: U.S. Department of Justice. http://www.usdoj.gov/dea/pubs/rohypnol/rohypnol.htm.
Epstein, J., and S. Langenbahn. 1994. The Criminal Justice and Community Response to
Rape. Washington, DC: U.S. Department of Justice, National Institute of Justice.
Estrich, S. 1987. Real Rape. Cambridge, MA: Harvard University Press.
Federal Bureau of Investigation (FBI). 17 October 1999. Crime in the United States,
Uniform Crime Reports, 1998. Washington, DC: U.S. Department of Justice.
Greenfeld, L. 1996. Sex Offenses and Offenders: An Analysis of Data on Rape and Sexual
Assault. Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics.
Hindermarch, I., and R. Brinkmann. 1999. "Trends in the Use of Alcohol and Other
Drugs in Cases of Sexual Assault." Human Psychopharmacology 14: 225-231.
Holmes, M. M., H. W. Resnick, and D. Frampton. 1998. "Follow-up of Sexual Assault
Victims." American Journal of Obstetrics and Gynecology 179: 336-342.
Kilpatrick, D. G. Summer 1983. "Rape Victims: Detection, Assessment, and Treatment."
The Clinical Psychologist, 36 (4): 92-95.
Kilpatrick, D. G. November 1996. "From the Mouth of Victims: What Victimization
Surveys Tell Us about Sexual Assault and Sex Offenders." Presented at the 15th Annual
Research and Treatment Conference of the Association for Treatment of Sexual Abusers,
Chicago, IL.
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Kilpatrick, D. G., R. Acierno, H. S. Resnick, B. E. Saunders, and C. L. Best. 1997. "A
Two Year Longitudinal Analysis of the Relationship Between Violent Assault and
Alcohol and Drug Use in Women." Journal of Consulting and Clinical Psychology 65
(5): 834-847. Abstracted in Clinician's Research Digest.
Kilpatrick, D. G., C. Edmunds, and A. Seymour. 1992. Rape in America: A Report to the
Nation. Arlington, VA: National Center for Victims of Crime; Charleston, SC: Medical
University of South Carolina, Crime Victims Research and Treatment Center.
Kilpatrick, D. G., H. S. Resnick, B. E. Saunders, and C. L. Best. 1998. "Rape, Other
Violence Against Women, and Posttraumatic Stress Disorder: Critical Issues in Assessing
the Adversity-Stress-Psychopathology Relationship." In B.P. Dohrenwend, ed.,
Adversity, Stress, & Psychopathology, New York: Oxford University Press, 161-176.
Kilpatrick, D. G., and B. E. Saunders. November 1997. "Prevalence and Consequences of
Child Victimization: Results from the National Survey of Adolescents." Final Report.
Washington, DC: U.S. Department of Justice, Office of Justice Programs, National
Institute of Justice.
Kilpatrick, D. G., B. E. Saunders, H. S. Resnick, C. L. Best, and P. P. Schnurr. 2000.
"Risk Factors for Adolescent Substance Abuse and Dependence: Data from a National
Sample." Journal of Consulting and Clinical Psychology 68 (1): 19-30.
Koss, M. P. 1993. "Detecting the Scope of Rape: A Review of Prevalence Research
Methods." Journal of Interpersonal Violence 8: 198-222.
Ledray, L. 1999. SANE Development and Operations Guide. Washington, DC: U.S.
Department of Justice, Office for Victims of Crime and Minneapolis, MN: Sexual
Assault Resource Service.
Lira, L. R., M. P. Koss, and N. F. Russo. August 1999. "Mexican American Women's
Definitions of Rape and Sexual Abuse." Hispanic Journal of Behavioral Sciences, 21 (3):
236-265.
National Center for Victims of Crime (NCVC). 1993. Looking Back, Moving Forward: A
Guidebook for Communities Responding to Sexual Assault. Washington, DC: U.S.
Department of Justice, Office for Victims of Crime.
Office for Victims of Crime (OVC). 1998. New Directions from the Field: Victims'
Rights and Services for the 21st Century. Washington, DC: U.S. Department of Justice.
Office for Victims of Crime (OVC). January 2000. First Response to Victims of Crime,
handbook. Washington, DC: U.S. Department of Justice.
Perkins, C. September 1997. Age Patterns of Victims of Serious Crimes. Washington,
DC: U.S. Department of Justice, Bureau of Justice Statistics.
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Pino, N., and R. Meier. June 1999. "Gender Differences in Rape Reporting." Sex Roles: A
Journal of Research 40: 979-990.
Resnick, H. S., R. E. Acierno, M. Holmes, D. G. Kilpatrick, and N. Jager. 1999.
"Prevention of Post-rape Psychopathology: Preliminary Findings of a Controlled Acute
Rape Treatment Study." Journal of Anxiety Disorders 13 (4): 359-370.
Resnick, H. S., B. S. Dansky, B. E. Saunders, and C. L. Best. 1993. "Prevalence of
Civilian Trauma and PTSD in a Representative National Sample of Women." Journal of
Consulting and Clinical Psychology 61: 984-991.
Ringel, C. November 1997. Criminal Victimization in 1996, Changes 1995-1996 with
Trends 1993-1996. Washington, DC: U.S. Department of Justice, Bureau of Justice
Statistics.
Smith, D. E., D. Wesson, and S. R. Calhoun. n.d. Rohypnol (Flunitrazepam) Fact Sheet.
Haight Ashbury Free Clinics, Inc. http://www.health.org/nongovpubs/rohypnol/.
Speck, P. 1999. "Sexual Assault." Chapter 31 of Manual of Emergency Care, S. B.
Sheehy, and G. P. Lenehan, eds. St. Louis, MO: Mosby.
Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE).
2000. http://www.tcleose.state.tx.us/
Tjaden, P. and N. Thoennes. November 1998. "Prevalence, Incidence, and Consequences
of Violence Against Women: Findings From the National Violence Against Women
Survey." Research in Brief. Washington, DC: U.S. Department of Justice, National
Institute of Justice.
Young, W. W., A. C. Bracken, M. A. Goddard, and S. Matheson. 1992. "Sexual Assault:
Review of a National Model Protocol for Forensic and Medical Evaluation." Obstetrics
and Gynecology 80: 878-883.
ADDITIONAL REFERENCES
Abbey, Antonia. “Alcohol and Sexual Assault”.
Sexual Offender Registration Release, 2004. www.tnacso.net/cont/news/07302004.php
Tennessee Bureau of Investigation; Crime in Tennessee Report, 2004.
Tennessee Coalition Against Domestic & Sexual Violence, 2005. www.tcadsv.org
Tennessee Department of Correction. www.tennessee.gov
T.C.A.’s 36-3-601, 36-3-602, 36-3-605. Order of Protection. www.legislature.state.tn.us
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T.C.A. 37-1-403. Child Abuse Reporting. www.legislature.state.tn.us
T.C.A. 63-23-107. Privileged Communication. www.legislature.state.tn.us
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CHAPTER 6
IMPACT OF CRIME ON VICTIMS
Eidell Wasserman and Carroll Ann Ellis38
The trauma of victimization can have a profound
and devastating impact on crime victims and their
NVAA Module 6
Learning Objectives
loved ones. It can alter the victim’s view of the
 Identify primary and secondary
world as a just place and leave victims with new
victims of crime.
and difficult feelings and reactions that they may
 Recognize factors that influence
not understand. It is important for victim
a victim’s ability to cope.
assistance professionals to understand the
 Identify symptoms of trauma
that victims may have in the
different ways that crime can affect victims—
immediate, short-term, and
psychologically, financially, physically and
long-term periods following
victimization.
spiritually. Any discussion of the impact of crime
 Discuss possible physical,
on victims is necessarily general in scope. The
psychological/emotional,
following information is offered to help victim
financial, and spiritual effects of
crime on victims.
assistance professionals to be aware of the
common types of reactions that victims
experience, and should be used as general guidelines to provide direction and references
for additional resources.
Crime has significant, yet varying consequences, on individual crime victims, their
families and friends, and communities. The impact of crime on victims results in
emotional and psychological, physical, financial, social and spiritual consequences.
While there are no consistent findings about victims’ challenges in coping with the
aftermath of criminal victimization with respect to demographic characteristics, a
victim’s ability to cope with the impact of crime depends on a variety of factors (National
Institute of Mental Health, 2006):
 A history of victimization increases trauma following a new crime.
 A history of mental health problems increases trauma following a new crime,
particularly a history of post-traumatic stress disorder or major depression.
38
Authors of this chapter are Eidell Wasserman, Ph.D., Sebastopol, CA; and Carroll Ann Ellis, J.D.,
Fairfax County Police Department, Fairfax, VA
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 A higher degree of threat to life and physical injury increases the risk of difficulty
in coping.
 Generally, violent crime victims have a more difficult time coping than property
crime victims.
 Research also indicates two key post-victimization factors that can increase the
likelihood of victims to develop mental health problems:


A lack of or poor social support systems.
The degree of exposure to the justice system.
The incidence of violent crime in the United States decreased from 1994 to 2004 (U.S.
Department of Justice, 2006); however, according to the FBI Uniform Crime Reports
(2006), violent crime increased in 2005. Rape was the only violent crime that showed a
decrease. Americans are still concerned about becoming crime victims. Americans’ fear
of becoming a victim of a crime affects more people than crime itself (Warr, 2000).
According to the Bureau of Justice Statistics, in 2004:
 About 14 percent of households in the United States (16 million households)
experienced one or more property crimes or had a member age 12 or older who
experienced one or more violent crimes.
 About one in 250 households included a member victimized by an intimate
partner, such as a spouse, ex-spouse, boyfriend, or girlfriend.
 About 5 percent of households had at least one incident of vandalism. Over 5.6
million households were vandalized during this period (Klaus, 2006).
Recent research has shown that Native Americans and Alaska Natives are victims of
violent crime more often than members of any other group. American Indians
experienced a per capita rate of violence twice that of the U.S. resident population. On
average, American Indians experienced an estimated one violent crime for every 10
residents age 12 or older (Perry, 2004).
As the field of victim services has evolved, so has understanding of the multidimensional
impact of crime on victims, their families, and their communities. Victims of either
violent or nonviolent crimes can face a multitude of challenges as the result of their
victimization. Crime affects victims and their families on a variety of levels: physical,
physiological, behavioral, emotional, cognitive, financial, social, and spiritual. Victim
assistance programs may offer resources to deal with many or all of these issues.
Victim service providers need to:
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 Understand the dynamics of trauma and the vital role victim service providers
have in trauma response and victims’ rights advocacy.
 Remember that every victim is unique.
 Never make assumptions concerning how a victim will react.
 Recognize that a person’s reaction to victimization will be influenced by a variety
of factors.
 Try to identify the specific needs of individual victims and develop a plan to meet
them.
 Know and use the wide range of community, cultural, and justice system
resources to meet the myriad needs of victims.
 Become familiar with the culture and traditions of the populations being served.
The impact of crime is frequently described through the results of research studies.
Participants in these studies often are people who have sought services from agencies (for
example, victim assistance agencies, social services, and hospitals) or who are involved
in the criminal justice system. Research allows us to present information in easily
understood numerical terms. The impact of crime is not easily understood or quantifiable,
however. Many cultures and groups have a more experiential approach to human events
and do not find empirical approaches helpful. This chapter focuses on the more
mainstream empirically based approach. Students are encouraged to think beyond the
numbers and research results and develop an awareness of the multilayered impact of
crime, as well as the individual, highly personal meaning that victims, their families, and
their communities attach to crime victimization.
WHO IS AFFECTED BY CRIME?
Everyone is affected by crime, either as a direct victim or a friend or family member of a
victim. Even individuals who are not direct victims of crime can be negatively affected in
a variety of ways, such as developing an increased fear of crime or experiencing the
financial impact of crime (e.g., higher insurance rates, lost work days). While primary
victims of crime might be identified easily, secondary victims such as family and clan
members may not be so readily identifiable and may not receive needed services.
Identifying services offered for neighborhoods and communities can be even more
difficult.
Another group affected by crime is first responders—the people who typically are first on
the scene or first to respond to crime, including police officers, firefighters, and
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emergency medical technicians. A vivid example of the impact of crime on first
responders involves those who responded to the September 11, 2001, terrorist attacks.
Descriptions of stepping through or on body parts while trying to find survivors illustrate
the experiences that can cause long-term trauma to first responders. However, crimes
need not have devastating, large-scale impact to affect those who respond. An officer
interviewing a child sexual abuse victim may be reminded of her or his own child of the
same gender and age.
The term “trauma” often is used to describe the experience of crime victims. Trauma
refers to both a medical and a psychiatric condition. “Medically, ‘trauma’ refers to a
serious or critical bodily injury, wound, or shock. Psychiatrically, ‘trauma’ has assumed a
different meaning and refers to an experience that is emotionally painful, distressful, or
shocking, which often results in lasting mental and physical effects” (National Institute of
Mental Health, 2006, p. 2).
POTENTIAL VICTIM REACTIONS IN THE AFTERMATH OF CRIME
Immediate and Short-term Trauma Reactions
Short-term trauma occurs during or immediately after the crime and lasts for about 3
months (Kilpatrick, 2000). This time frame for short-term versus long-term trauma is
based on several studies showing that most crime victims achieve considerable recovery
sometime between 1 and 3 months after the crime. Some common responses to trauma
include the following:
 Few crime victims are anticipating a violent assault as the crime occurs, so most
are shocked, surprised, and terrified when it happens.
 Crime victims often have feelings of unreality when an assault occurs and think,
“This can’t be happening to me.”
 People who have been victimized in the past are at greater risk of developing
emotional problems than newly victimized individuals. Victims do not “get used
to it.”
 Many victims of violent crime describe experiencing extremely high levels of
physiological anxiety, including rapid heart rate, hyperventilation, and stomach
distress.
 Crime victims often experience cognitive symptoms of anxiety, including feeling
terrified, helpless, guilty, or out of control.
Such physiological and emotional reactions are normal “flight or fight” responses that
occur in dangerous situations. In the days, weeks, and first 2 or 3 months after the crime,
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most victims of violent crime continue to have high levels of fear, anxiety, and
generalized distress. The following are examples of distress that may disrupt crime
victims’ ability to perform simple mental activities requiring concentration:
 They are preoccupied with the crime; they think about it a great deal, talk about it,
or have flashbacks and bad dreams about it.
 They are often concerned about their safety from attack and about the safety of
their family members.
 They are concerned that other people will not believe them or will think that they
were to blame for what happened.
 Many victims also experience negative changes in their belief systems and no
longer think that the world is a safe place where they can trust other people.
 For victims of some crimes, such as child abuse or domestic violence, the trauma
occurs many times over a period of weeks, months, or even years. Victims in such
cases often experience the compounded traumatic effects of having to always
worry about when the next attack will occur.
Long-term Trauma Reactions
Most victims of crime are able to cope with the trauma of victimization. This is especially
true of those who receive counseling, other supportive services, and/or information about
justice processes and their relevant rights. However, if victim trauma is neither identified
nor addressed with mental health assistance, the initial and short-term trauma reactions
can exacerbate and turn into long-term trauma reactions, including:
 Major depression.
 Thoughts of suicide and suicide attempts.
 Use and abuse of alcohol and other drugs.
 Ongoing problems with relationships.
 Anxiety disorders.
 A changing view of the world as a safe place.
 Increased risk of further victimization.
Posttraumatic Stress Disorder (PTSD)
The American Psychiatric Association (2000) describes a characteristic set of
symptoms that develop after exposure to an extreme stressor. Types of stressors that
are capable of producing PTSD include sexual assault, physical attack, robbery,
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mugging, kidnapping, or child sexual assault, as well as observing the serious injury or
death of another person due to violent assault and learning about the violent personal
assault or death of a family member or close friend. People who respond to these
stressors with intense fear, helplessness, or horror, and whose symptoms persist over a
specified length of time and influence their functioning in major areas of life, may be
experiencing symptoms of PTSD. In such cases, appropriate medical attention is
required. However, PTSD is a psychiatric illness that can only be diagnosed by a
trained professional. The following are characteristic symptoms after a traumatic
event:
 Persistent reexperiencing of the event (i.e., distressing dreams, distressing
recollections, flashbacks, or emotional or physiological reactions when exposed to
something that resembles the traumatic event).
 Persistent avoidance of things associated with the traumatic event or reduced
ability to be close to other people and experience or sustain loving feelings.
 Persistent symptoms of increased arousal (i.e., sleep difficulties, outbursts of
anger, difficulty concentrating, constantly being on guard, extreme startle
response).
Research studies with adults (Resnick, 1993) indicate that PTSD is a frequent reaction to
violent crime:
 Rates of PTSD are much higher among those who have been victims of violent
crime than those who have been victims of other types of traumatic events. For
example, one study found that the lifetime prevalence of PTSD was 25.8 percent
among crime victims compared to 9.4 percent among victims of other traumatic
events.
 Victims of crimes that resulted in physical injuries, and who believed they might
have been killed or seriously injured during the crime, were much more likely to
suffer from PTSD than victims whose crimes did not involve life threat or
physical injury (45.2 percent compared to 19 percent).
 Rates of PTSD appear to be higher among victims who report crimes to the justice
system than among non-reporting victims, probably because these crimes are
more serious or more likely to result in injury.
Evidence shows that many crime victims with PTSD do not spontaneously recover
without treatment, and some crime victims experience PTSD years after they were
victimized.
Physical, Spiritual, Emotional, and Financial Impact of Crime
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Victims may face a wide range of immediate, short-term, and long-term reactions in the
aftermath of crime. Every crime victim is unique. Individual trauma is affected by
previctimization and postvictimization factors related to individual experiences, degree of
personal and social support, resiliency, and exposure to supportive services.
Brief summaries of the physical, spiritual, emotional/psychological, and financial impacts
of crime are shown in Exhibits VI-1 and VI-2, which provide an overview of the range of
possible reactions that victims may experience.
EXHIBIT VI-1
PHYSICAL AND SPIRITUAL IMPACT OF CRIME ON VICTIMS
Physical Impact

Physiological anxiety (including rapid
heart rate, hyperventilation, and stomach
distress)

Physical injuries (such as gunshot
wounds, lacerations, broken bones,
sprains, and burns)

Physical injuries that lead to other health
conditions (such as heart attack, stroke,
fractures from falling, and loss of
dexterity)

Increased risk of cardiac distress,
irritable bowel syndrome, and chronic
pain



Permanent disability

Substantial lifestyle changes, including
restriction of activities once enjoyed



Lethargy and body fatigue




Decreased libido and sexual dysfunction
Disfigurement
Immune disorders that increase the
potential for infectious diseases
Sleep disorders
Loss of appetite, excessive appetite, or
eating disorders
Inability to work
Increased risk of future victimization
Spiritual Impact

In an attempt to understand events that
make no sense, people who do and do
not engage in religious practice often
turn to the spiritual beliefs with which
they were raised. These spiritual insights
are sometimes helpful; more often than
not, however, victims express
disappointment in the reactions of their
faith communities.

All religions accept suffering as a
component of the human experience but
understand its role differently. Hindus
and Buddhists understand the role of
karma in tragic events and seek to accept
what has happened rather than seek
justice. Jews believe that God expects
human beings to act in kindness to one
another; when they do not, justice is
sought and forgiveness must be earned.
The wide gamut of Christianity practiced
in the United States includes all
perspectives, from acceptance of
suffering as “God’s will” and
forgiveness of offenders to strong drives
for justice in the secular arena. Muslims
believe they have a special mission from
God/Allah to create a just society. They
typically condemn violence and
willingly participate in the justice
system.
For sexual assault victims: possible
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exposure to sexually transmitted
diseases, exposure to HIV, and unwanted
pregnancy
EXHIBIT VI-2
EMOTIONAL/PSYCHOLOGICAL AND FINANCIAL IMPACT OF CRIME ON VICTIMS
Emotional/Psychological Impact










Shock

Anxiety (including terror, helplessness, and
feeling out of control)




Difficulty trusting self or others














Inability to concentrate
Financial Impact

Medical bills (e.g., emergency
transportation, hospital stays, inpatient
and outpatient physical care, medical
supplies)


Medication and prescription drugs

Rental and related costs for physical
mobility restoration equipment (e.g.,
wheelchairs, ramps, crutches)





Physical therapy



Crime scene cleanup


Child and elder care



Higher insurance premiums
Terror
Feelings of unreality
Feelings of numbness
Confusion
Helplessness
Fear
Anger or rage
Grief or intense sorrow
Enhancement of particular senses (e.g.,
hearing, smell, sight)
Depression
Panic symptoms
Anxiety disorders (e.g., panic disorder,
agoraphobia, obsessive-compulsive disorder)
Guilt and self-blame
Shame
Preoccupation with the crime
Concerns about personal safety
Problems with important relationships
Social withdrawal
Concerns about being believed
Concerns about being blamed
Negative changes in belief system
Increased feelings of vulnerability
Replacement of eyeglasses, hearing aids,
or other sensory aid items damaged,
destroyed, or stolen
Occupational therapy
Job retraining
Mental health counseling and therapy
Loss of wages due to incapacitation,
rehabilitation, or taking time off from
work to repair damage from property
crimes, participate in criminal or juvenile
justice proceedings, or seek medical or
mental health treatment
Loss of or damage to personal property
Costs of replacing locks and changing
security devices
Fees incurred in changing banking or
credit card accounts
Relocation expenses
For families of homicide victims, funeral
and burial expenses and loss of income
Increased risk of alcohol or other drug abuse
Isolation
Persistent avoidance of things associated with
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the traumatic event


Suicide ideation
PTSD
THE FINANCIAL COSTS OF CRIME
Some of the financial costs of crime—such as property damage, replacement of stolen or
damaged items, medical bills, lost days at work, and therapy expenses—are easy to
identify. However, emotional pain and suffering, fear, damage to interpersonal
relationships, community-wide fear and loss, and other intangible costs can be difficult to
measure. In 1996, the U.S. Department of Justice published a study of the costs and
consequences of crime victimization that attempted to quantify both the monetary costs
of crime victimization as well as the psychological/emotional costs (Miller, Cohen, and
Wiersema, 1996). Among the findings were:
 Personal crime is estimated to cost $105 billion annually in medical costs, lost
earnings, and public program costs related to victim assistance.
 Including pain, suffering, and the reduced quality of life increases the cost of
crime to victims to an estimated $450 billion annually.
 Violent crime (including drunk driving and arson) accounts for $426 billion of
this total, with property crime at $24 billion.
One method for assigning value to fear, pain, suffering, reduced quality of life, and other
intangible costs is to use the amount of money given in jury awards for these losses. This
method is imperfect, however, as it does not take into account the impact on a person’s
extended family or clan nor the impact on the wider community. Some crimes, such as
hate crimes, may negatively affect every member of a particular group in a city or state
or even the entire country. In fact, one of the purposes of a hate crime is to affect all
members of the targeted group (Craig, 2002).
Who Pays for Crime?
Victims and their families pay the actual financial costs for some crimes, while insurance
companies, government, taxpayers, and employers also pay. Insurers pay $45 billion
annually due to crime, or $265 per American adult (Miller, Cohen, and Wiersema, 1996).
Community Impact
Crime has an impact not only on primary and secondary victims but also on the entire
community. High-profile major crimes, such as school shootings or multiple-victim
molestations, understandably will have an impact on all community members. Other
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crimes, such as kidnappings, sexual assaults, or drunk driving crashes, can also have a
wide effect. Some communities have begun to use community victim impact statements
to assess the effect of crime. Similar to individual victim impact statements, these
statements can be introduced after conviction to assist the judge in sentencing. The use of
such statements, even on a limited basis, shows that the court system is beginning to
acknowledge the wider impact of crime beyond the primary victim and family members.
THE IMPACT OF TRAUMA ON BRAIN DEVELOPMENT
A variety of research studies have examined the impact of trauma on brain development
(DeBellis, 1999; Perry, 1997; van der Kolk, 1994). The research strongly suggests that
physiological changes take place in a child’s developing brain due to the experience of
trauma. Changes in the developing brain can even take place in utero, based on the
mother’s experience of trauma or stress (Dowling, Martz, Leonard, and Zoeller, 2000). A
child’s brain continues to develop after birth, weighing 75 percent of its adult weight by
age 2 and being almost completely developed by age 5 (Wasserman, 2004).
Traumatic experiences before age 5 may alter the development of neural pathways,
sensitizing pathways that are related to fear and arousal. This sensitization predisposes
the child to react to external stimuli in a certain way. A child who has been exposed to
traumatic events may be predisposed to react to all situations as potentially dangerous.
Physiological changes, such as the release of stress hormones, can cause the child to
become hypervigilant, fearful, and anxious.
Successful emotional and social development are dependent on successful brain
development. As the child grows and the brain matures, the brain is dependent upon
external stimuli for normal growth. There appear to be critical time periods for the
development of certain skills. A child who does not learn verbal language skills by a
certain age may never be able to develop these skills. The parts of our brains that control
higher order functions such as social skills, emotional control, and logical thinking are
among the last areas to develop. If a child experiences trauma in the early years, normal
brain development may be affected, making it more difficult to develop these higher
order skills.
The brain develops, in part, in response to the infant’s experiences. If the
relationship with the primary caregiver is neglectful or abusive, this will
have a negative impact on the child’s development of appropriate coping
skills. Trauma in early life can lead to problems in maintaining
interpersonal relationships, coping with stressful situations, and
controlling emotion (Wasserman, 2004, p.14).
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THE IMPACT OF TRAUMA ON THE
DEVELOPED (ADULT) BRAIN
Response to trauma leading to psychological and physiological disorders should
be viewed as a spectrum of conditions rather than a single disorder. On one end is
acute stress reaction that resolves on its own without treatment. “Complex”
posttraumatic stress disorder (PTSD) is at the other end of the spectrum, and
“classic” or “simple” PTSD lies somewhere in between (Herman, 1997). While
there is also a spectrum of adaptation to traumatic events, the various conditions
have some basic features in common. One of these features is the effect of trauma
on the adult brain.
Trauma’s effect on the brain has become of increasing interest to researchers,
clinicians, victims, and victim advocates. With advancements over the last
decade in the field of neuroimaging, scientists are better able to document and
understand the structural, biochemical, and functional condition of individuals
who have experienced trauma that results in posttraumatic stress disorder. The
causal relationship between trauma and brain adaptation, however, is not without
controversy. Some scientists question whether a preexisting brain anomaly might
serve as a risk factor for development of PTSD following a person’s exposure to
trauma (Stein, Hanna, Koverola, Torchia, and McClarty, 1997). Others suggest
that brain abnormality occurs only in persons with chronic or complicated PTSD
(Bonne, Brandes, Bilboa, et al., 2001). While study findings to date are tentative,
scientists do know that certain areas of the brain are consistently implicated in
PTSD.
These regions of the brain play an important role in learning and memory
(hippocampus), emotional regulation (medial prefrontal cortex), and encoding of
emotional memories, sensitization, and fear conditioning (amygdala). They are all
part of what is called the limbic system of the brain. Emotion and memory are
very closely related. In ordinary circumstances, we tend to remember things that
carry some emotional content. For example, we are more apt to recall someone
we just met if that person made us laugh or feel embarrassed. Exposure to severe
stress affects the memory and emotional regulation portions of the brain. The
medial prefrontal cortex is then less able to inhibit the amydala, thereby further
intensifying and increasing occurrences of traumatic memories. This confluence
of brain deficits creates one of the hallmark symptoms of PTSD: exaggerated
emotional reaction coinciding with difficulty recalling the emotional event
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(Elzinga and Bremmer, 2001). Other symptoms include emotional numbing,
avoidance, and reexperiencing the trauma.
Neuroimaging studies, which reveal changes in the brain’s structure and function
in persons with PTSD, underscore deficits found in hippocampal function using
neuropsychological measures. Magnetic resonance imaging (MRI) has shown
reduction in the volume of the hippocampus in individuals exposed to trauma.
Positron emotion tomography (PET) studies have shown dysfunction in the
prefrontal cortex in individuals responding to stimuli associated with their PTSD
(Bremmer, 1999). In addition, it is reported that chronic hyperarousal symptoms
(mediated by the amygdala) contribute to atrophy of the hippocampal region of
the brain (Villarreal and King, 2001).
Being able to measure—to document—changes in the brain carries enormous
implications for individuals with PTSD. For example, a diagnosis of PTSD may
have bearing on an individual’s job security and workplace accommodation
(based on regulations set forth by the Americans With Disabilities Act). The
Social Security Administration’s disability claim evaluation process does not
focus on specific diagnoses, but on functional limitations imposed by an illness or
impairment. But if and when impairment is documented through assessment, it
can be a determining factor in obtaining eligibility for Social Security Disability
Insurance (SSDI) or Supplemental Security Income (SSI). In most states,
eligibility for these programs also confers eligibility for Medicaid. Medicaid
benefits enable recipients to obtain better access to health care and enable
providers to obtain compensation for these health services. Less defined, but
equally critical, is the impact a diagnosis of PTSD may have on personal
relationships. Family members, friends, coworkers, as well as the patients
themselves, are more likely to accept emotional abnormalities when they are
viewed and understood as a medical issue, not simply a “mood problem.”
Examining the physiological impact of trauma on the brain through neuroimaging
has another benefit. There is recent evidence that damage to the limbic brain
regions can be reversed. The effects of trauma can be countered in a number of
ways. Both cognitive processing therapy (CPT)) and prolonged exposure therapy
have been found to mediate negative outcomes of trauma (Resick, Nishith,
Weaver, Astin, and Feurer, 2002). Also, studies using serotonin reuptake
inhibitors (SSRIs), a class of antidepressants, and phenytoin, a medication
commonly used for epilepsy, reported that these treatments increased the volume
of the hippocampus (by 5 percent and 6 percent, respectively) in patients with
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PTSD. At the same time, the SSRI increased memory function by 35 percent
(Bremmer, 2006).
Posttraumatic stress disorder is a highly disabling condition associated with an
extremely high rate of medical and mental health service use. It is diagnosed in
combat veterans, victims of child abuse, and mothers of chronically ill children. It
occurs in victims of crime as well as witnesses to crime, victims of physical abuse
and victims of emotional abuse, persons who receive a threat as well as persons
who only perceive a threat. As the vulnerable hippocampus and other portions of
the limbic system are exposed to trauma, the brain is altered. Some people are
more vulnerable to trauma than others. Coping mechanisms, age, social supports,
and drug use are all mitigating factors. Anyone can get PTSD. It is a “normal
response to an abnormal occurrence.”
Scientists know that other regions of the human body are also affected by trauma.
People with PTSD tend to have abnormal levels of key hormones involved in
response to stress. Cortisol levels are lower than normal and epinephrine and
norepinephrine are higher than normal Also, when people are in danger, they
produce high levels of natural opiates, which can temporarily mask pain. People
with PTSD tend to produce higher levels of these opiates after the danger has
passed, which can lead to blunted emotions (National Institute of Mental Health,
2002).
Additional studies to examine how the brain functions will help researchers better
understand the physiological impact of trauma on brain development and brain
damage. This area of research may help service providers understand the longterm impact of trauma and the importance of prevention.
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REFERENCES
American Psychiatric Association. 2000. Diagnostic and Statistical Manual IV-TR.
Washington, DC: Author.
Bonne, O., D. Brandes, A. Gilboa, et al. 2001. “Longitudinal MRI Study of Hippocampal
Volume in Trauma Survivors with PTSD.” The American Journal of Psychiatry. 158:
1248–1251.
Bremmer, J.D. 2006. “The Relationship Between Cognitive and Brain Changes in
Posttraumatic Stress Disorder.” Annals of the New York Academy of Sciences 1071: 80–
86.
Bremmer, J.D. 1999. “Alterations in Brain Structure and Function Associated with PostTraumatic Stress Disorder.” Seminars in Clinical Neuropsychiatry 4(4): 249–55.
Craig, K.M. 2002. “Examining Hate-motivated Aggression: A Review of the Social
Psychological Literature on Hate Crimes as a Distinct Form of Aggression.” Aggression
and Violent Behavior 7: 85–101.
DeBellis, M.D.1999. “Developmental Traumatology: Neurobiological Development in
Maltreated Children with PTSD.” Retrieved January 9, 2004, from
www.psychiatrictimes.com/p990968.html.
Dowling, A.L.S., G. U. Martz, J. L. Leonard, and R. T. Zoeller. 2000. “Acute Changes in
Maternal Thyroid Hormone Induce Rapid and Transient Changes in Gene Expression in
Fetal Rat Brain.” Journal of Neuroscience 20: 2255-2265.
Elzinga, B.M., and J.D. Bremmer. 2001. “Are the Neural Substrates of Memory the Final
Common Pathway in Posttraumatic Stress Disorder (PTSD)?” Journal of Affective
Disorders 70: 1–17.
Federal Bureau of Investigation. 2006a. “Preliminary Annual Uniform Crime Report,
2005.” Retrieved June 14, 2006, from www.fbi.gov/ucr/2005preliminary/index.htm.
Herman, J. 1997. Trauma and Recovery: The Aftermath of Violence from Domestic Abuse
to Political Terror. New York: Basic Books.
Kilpatrick, D.G. 2000. “The Mental Health Impact of Rape.” Retrieved May 26, 2006,
from www.musc.edu/vawprevention/research/mentalimpact.shtml.
Kilpatrick, D. G., C. N. Edmunds, and A. K. Seymour. 1992. Rape in America: A Report
to the Nation. Arlington, VA: National Center for Victims of Crime; Charleston, SC:
Medical University of South Carolina.
Kilpatrick, D.G., C. L. Best, B. E. Saunders, and L. J. Veronen. 1988. “Rape in Marriage
and in Dating Relationships: How Bad Is It for Mental Health?” In Human Sexual
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Aggression: Current Perspectives, eds. R.A. Prentky and V.L. Quinsey. New York: New
York Academy of Sciences, 335–344.
Kilpatrick, D.G., B. E. Saunders, and D. W. Smith. 2003. Youth Victimization Prevalence
and Implications. Washington, DC: U.S. Department of Justice, Office of Justice
Programs, National Institute of Justice.
Klaus, P. 2006. Crime and the Nation’s Households. 2004. Washington, D.C: U.S.
Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.
Miller, T.R., M. A. Cohen, and B. Wiersema, 1996, Victim Costs and Consequences: A
New Look, Washington, DC: U.S. Department of Justice.
The National Center on Elder Abuse in Collaboration with Westat, Inc.1998. The
National Elder Abuse Incidence Report. Washington, DC: Administration for Children
and Families and the Administration on Aging.
National Institute of Mental Health, National Institutes of Health. 2002. Facts About
Posttraumatic Stress Disorder. Retrieved December 21, 2006, from
www.nimh.nih.gov/publicat/ptsdfacts.cfm.
National Institute of Mental Health. 2001. Helping Children and Adolescents Cope With
Violence and Disaster. Retrieved June 10, 2006, from
www.nimh.nih.gov/publicat/violenceresfact.cfm.
Perry, B.D. 1997. “Incubated in Terror: Neurodevelopmental Factors in the ‘Cycle of
Violence.’” In Children, Youth and Violence the Search for Solutions, ed. J. Osofsky.
New York: Guilford Press.
Perry, S. 2004. American Indians and Crime. Washington, DC: U.S. Department of
Justice.
Resnick, P.A., P. Nishith, T.L. Weaver, M.C. Astin, and C.A. Feurer. 2002. “A
Comparison of Cognitive-Processing Therapy with Prolonged Exposure and a Waiting
Condition for the Treatment of Chronic Posttraumatic Stress Disorder in Female Rape
Victims.” Journal of Consulting and Clinical Psychology 70(4): 867–79.
Resnick, H.S., D.G. Kilpatrick, B.S. Dansky, B.E. Saunders, and C.L. Best. 1993.
“Prevalence of Civilian Trauma and PTSD in a Representative National Sample of
Women.” Journal of Clinical and Consulting Psychology 61(6).
Stein, M.B., D. Hanna, C. Koverola, M. Torchia, and B. McClarty. 1997. ”Structural
Brain Changes in PTSD: Does Trauma Alter Neuroanatomy?” Annals of the New York
Academy of Sciences 1(1): 76–82.
.
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van der Kolk, B.A. 1994. “The Body Keeps the Score: Memory and the Evolving
Psychobiology of Posttraumatic Stress.” Harvard Review of Psychiatry 1: 253–265.
Villareal, G., and C.Y. King. 2001. “Brain Imaging in Posttraumatic Stress Disorder.”
Seminars in Clinical Neuropsychiatry 6(2): 131–45.
Warr, M. 2000. “Fear of Crime in the United States: Avenues for Research and Policy.” ,
Retrieved May 27, 2006, from www.ncjrs.gov/criminal_justice2000/vol_4/04i.pdf.
Wasserman, E. 2004. Understanding the Effects of Childhood Trauma on Brain
Development of Native Children. West Hollywood, CA: Tribal Law and Policy Institute.
.
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CHAPTER 7
DIRECT SERVICES
Eidell Wasserman and Jeannette Adkins39
No one is useless in this world who lightens the burdens of others.
Charles Dickens
This chapter gives a brief outline of the
evolution of direct services, describes
the range of services, and suggests a
variety of techniques of crisis
intervention. The chapter offers basic
information for assisting victims with
their compensation claims. Restorative
justice programs are also discussed as
another means of having the voices of
victims heard.
NVAA Module 7
Learning Objectives

Demonstrate the use of key steps in
providing effective crisis intervention
services.

Identify three services that victim
service providers provide during the
main phases of the justice systems
process.

Discuss strategies to identify
resources and services to meet victim
needs.

List three basic requirements to be
eligible for crime victim compensation.
OVERVIEW OF DIRECT SERVICES
In the mid-1980s, the U.S. Justice Department, responsible for administering the Justice
Assistance Act (JAA), commissioned program models for each of the criminal justice
innovations named by Congress as eligible to receive JAA funding. These models were
to serve as guides to applicants, grantees, and grant administrators. Of the nearly 20 such
program models prepared this way, by far the most elaborate was the one on victim
assistance. The Model Victim Assistance Program has played an interesting role in the
history of the victims’ movement, serving as an evolving tool to help define and describe
a major service innovation and, indeed, a new profession.
The overall goal of the Model Victim Assistance Program was to improve the treatment
of all victims of crime by providing victims with the assistance and services necessary to
39
Authors of this chapter are Eidell Wasserman, Ph.D., Sebastopol, CA; and Jeannette Adkins, National
Organization for Victim Assistance (formerly), Alexandria, VA.
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speed their recovery from a criminal act, and to support and aid them as they move
through the criminal justice process (Young, 1993).
This historical document set the stage for direct services as we know them today and
continues to evolve as the scales of justice become more balanced with the passage of
significant victims’ rights laws at the state and federal levels.
Direct services are provided to victims immediately after a crime occurs and over a
period of time. A continuum of services is available to the victim from the offender’s
arrest all the way through the criminal justice process, including postconviction services
provided by correctional agencies and state Attorneys General. These direct services
include the following:

Responding to the immediate emotional and physical needs of crime victims.

Providing crisis intervention, in person or via crisis telephone lines.

Accompanying victims to hospitals and medical professionals for medical
examinations and treatment.

Providing (or providing referrals to) emergency shelter, food, clothing, and
transportation.

Conducting a comprehensive needs assessment to identify and try to meet
victims’ most important needs.

Providing transportation to medical and/or court appointments.

Providing direct advocacy with agencies and individuals (e.g., landlords,
employers).

Providing liaison services.

Referring the victim to or providing mental health counseling or group support.

Referring the victim to legal services or social services.

Preparing victims and accompanying them as they navigate through the criminal
justice system.

Advocating on behalf of victims to ensure recognition of victims’ rights.

Assisting with victim compensation.

Providing postconviction support, information, and notification and escorting
victims to witness executions, as requested.

Following up to provide any additional support or referral as needed.
A national needs assessment was conducted in 2004 to identify the core skills that victim
service professionals need to provide services. The assessment included input from an
advisory committee composed of national experts in the field of victim services, focus
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groups with victim service providers and managers, and a national needs assessment
survey. Based on the information from the needs assessment, the core skills of a victim
service professional include:

Communication skills.

Engaging clients and establishing rapport.

Assessing needs and identifying resources.

Providing referrals.

Conflict management and negotiation.

Documentation.

Problem-solving.

Crisis intervention.

Advocacy.
This chapter addresses skills required to provide the following direct services:

Provide crisis intervention services

Assess victim needs.

Identify resources and provide referrals.

Assist with compensation and restitution programs.
Additional information on the other core skills of victim service providers can be found
in the Victim Assistance Training Online (VAT Online) training. VATOnline is a Webbased training program funded by the Office for Victims of Crime. The training is a
basic, fundamental program that combines core information and basic skills needed by
victim service providers to assist victims of crime effectively and sensitively. This
training can be accessed by going to www.ovcttac.gov/vatonline.
Provide Crisis Intervention Services
Some victim advocates may accompany or be called in by first responders to provide
immediate assistance to victims of violent crimes. One of the most common services
provided by victim advocates in these circumstances is crisis intervention. Anyone who
comes into contact with a crime victim soon after the crime has occurred could be called
on to provide crisis intervention. It is important to be familiar with the basics of crisis
intervention to both assist the victim and to limit additional trauma that can be prevented
by effective, immediate interventions.
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A crisis is an unexpected event that calls for the mobilization of additional resources
beyond those necessary for everyday life. When people encounter unexpected challenges
and traumas, they may have difficulty mobilizing their resources to meet these
challenges. The victim service provider’s role is to help crime victims recognize and use
their strengths to meet the challenges of victimization. This assistance often begins with
crisis intervention.
Crisis intervention skills are based on our knowledge of how people tend to respond to
crisis situations and trauma. While the following discussion of crisis intervention focuses
on how to assist victims in the immediate aftermath of a trauma, it is important to
remember that many factors can trigger reactions to victimization—hours, days, or weeks
after the traumatic event. Additionally, the victim’s family members and friends may
need crisis intervention services. As discussed in Chapter 6, “Impact of Crime on
Victims,” victimization affects people on many levels: physically, psychologically,
cognitively, emotionally, and spiritually. Crisis intervention services should attempt to
address the victim’s needs in as many of these dimensions as possible. When it is not
possible or appropriate for the victim service provider to address a victim’s needs,
referrals should be available for relevant services. Whenever possible, these referrals
should be made to professionals who specialize in dealing with victims of crime (for
example, nurses who are specially trained in examining victims of sexual assault).
Victims in crisis do not think clearly. They may experience shock resulting from going
through an event that is far beyond their ordinary experience—an event that may involve
physical pain, loss, emotional abuse, and interactions with criminal justice personnel.
Difficulty in concentration is one of the normal reactions to victimization. Successful
crisis intervention includes helping victims deal with their immediate needs and begin to
plan for the future.
It is important to provide accurate information to victims. If victim service providers do
not know the answer to a victim’s question, they should inform the victim that they don’t
know the answer but will try to obtain the correct information and then follow up.
It is also important to recognize that every victim is unique and every case is unique.
While victim service providers cannot know exactly what will happen in each case, their
experience with similar situations allows them to prepare victims for the types of events
that are likely to occur. In addition, victim service providers can help victims prepare for
the range of possible psychological and emotional reactions they may experience, both in
the immediate future and weeks, months, or even years later.
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Phases of Crisis Intervention
When first meeting a person in crisis, it is important to establish a relationship of trust
and respect. Some basic, commonsense activities can be very important, such as
introducing yourself to the victim and explaining your role. Since the person may not be
processing information clearly, it is helpful to provide him or her with a business card to
refer to later. You may not have much time to develop rapport, but it is important to
attempt to connect with the victim. The National Center for Victims of Crime (NCVC)
suggests these statements to develop rapport with victims (NCVC, 2004):

I am so sorry that this happened to you.

This must be a very difficult time for you right now.

I can tell you are having a hard time with this.

You don’t have to handle this on your own.
Many victims have reported that no one ever said to them, “I’m sorry this happened to
you.” This simple expression of concern can have a large impact, and advocates should
make sure that the victim hears those words.
In some agencies, the victim service provider may provide crisis intervention over the
phone rather than in person. In these cases, the advocate cannot see whether the victim is
suffering from physical injury. Victims themselves may be unaware of internal injuries
or may be in shock and not feel pain from an injury. It is important for advocates who
are interacting with victims solely over the phone to encourage them to seek safety,
including accessing medical treatment.
There are a number of different descriptions of the phases of crisis intervention and
several different approaches to the intervention itself. No single approach has been
shown to be better than another. It is important for victim service providers to find an
approach that feels comfortable to them. The National Center for Victims of Crime
(2004) has identified three phases of crisis intervention: immediate crisis intervention,
needs assessment, and recovery intervention. Immediate crisis intervention focuses on
ensuring that the victim’s immediate medical, mental health, and personal needs are met.
The needs assessment includes identifying the victim’s needs for emotional support,
identifying how the crisis has affected the victim, and developing a plan for the future.
The third phase, recovery intervention, represents the victim’s movement toward
regaining psychological equilibrium and moving forward with his or her life. The victim
service provider’s role may include helping victims to avoid secondary trauma through
their interaction with the criminal justice system or other agencies and professionals.
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Dixon (1987) has described a nine-step crisis intervention model that can be used with
families in any type of crisis:
1.
Rapidly establish a constructive relationship.
2. Elicit and encourage expression of painful feelings and emotions.
3. Discuss the precipitating event.
4. Assess strengths and needs.
5. Formulate a dynamic explanation.
6. Restore cognitive functioning.
7. Plan and implement treatment.
8. Terminate.
9. Follow up.
Victim service providers often provide services beyond the initial crisis intervention
stage, so Step 8 may not be relevant for them. However, Step 4 is an important aspect of
crisis intervention. Both victims and their family members (including extended family
and clan members) have strengths, but it can be difficult for them to focus on these
strengths when they are in the middle of a crisis.
Another approach to crisis intervention focuses on three phases: safety/security,
vent/validate, and prepare/predict (Young, 1993). This method has gained wide
acceptance in the victim services field and will be discussed in greater detail.
Phase 1: Safety/Security. The first phase focuses on ensuring that victims feel they are
safe from additional harm. The victim service provider can aid victims by having them
identify their need for safety and security and providing options and resources that may
fill these needs. For example, a domestic violence victim in a small tribal community
may not feel safe staying at the tribal shelter because her abuser knows the shelter’s
location. The victim service provider may be able to provide information about other
domestic violence programs and arrange for transportation to the alternate shelter.
The need for safety is one of the most basic human needs. It is very difficult to focus on
any other issue until a person feels safe. In many situations, the victim service provider’s
first role is to help a crime victim feel safe and secure. Some victims may need little to
feel safe, while others may not be able to feel secure no matter how many resources are
provided. The victim service provider should explore with the victim as many options as
possible to help the victim feel safe, both physically and psychologically.
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Physical safety may include locating a safe place for a victim to stay or arranging for a
medical examination to ensure there are no bodily injuries. Psychological security can be
provided by supplying favorite items, such as a child’s favorite stuffed animal, or
contacting a support person to come and stay with the victim. It is critical to remember,
however, that the victim must define what safety and security means. Never make
assumptions about what a victim wants, and always ask and clarify to ensure that
you understand the victim’s needs. Some people, for example, might want a family
member to stay with them following a traumatic event. Other people may not be close to
members of their family, or might prefer to be alone. Sexual assault victims, for
example, often fear that family members will find out about their assault (Kilpatrick,
2000), so contacting a family member may further traumatize the victim.
Victims may also make choices that the victim service provider feels will not provide
adequate safety or security. In most cases, the victim service provider has no right or
ability to force the victim to seek safety. An elder physical abuse victim who desires to
stay in her own home alone, even though the perpetrator has not been apprehended, might
be making a choice that seems unsafe. However, the trauma of leaving the familiarity of
her home may cause more psychological distress than remaining in the home. A victim
service provider may be able to help get additional police patrols or arrange to provide
the victim with a cellular phone to make it easier for the victim to call for help in an
emergency.
Phase 2: Ventilation and Validation. Ventilation refers to victims being able to tell
their story, in their own time and in their own way. It is important for victims to talk
through their experiences, no matter how long it takes and how disconnected or
unimportant the information seems. Child victims may want to tell stories or draw
pictures. Victim service providers who work with child victims may want to have a kit on
hand that includes Play-Doh, crayons, paper, markers, and other art items. If the victim
service provider will be traveling to meet the child victim onsite, he or she should have a
mobile kit to take on calls. Remember that adults, as well as children, may benefit from
having art supplies available. Having something to do with their hands, such as kneading
play dough or squeezing a stress ball, may help victims alleviate stress.
Victim service providers should also be aware of how members of different cultural and
ethnic groups express themselves. Native Americans, for example, may begin a story and
go off on what sounds like many tangents to the non-Native person. The story many
sound circuitous, often going off target. However, this is a common way of describing
events, through interlacing related activities over a period of time. The victim service
provider needs to be patient and allow victims to complete their stories without trying to
get them back on topic. Since victims are telling the story in their own terms, they may
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use words or concepts with which the victim service provider is unfamiliar. It is
appropriate to ask for clarification of such terms or concepts to avoid misunderstandings.
By becoming familiar with a victim’s style of communicating, the victim service provider
may be able to explain unfamiliar terms and concepts to investigators and prosecuting
attorneys.
Even when the victim and the victim service provider share a common language, it is
important to clarify the language the victim uses. In sexual assault cases, for example,
victims may use various words to describe what they have experienced (e.g., using
“attacked” as a way of describing being raped). Various communities have words that
they commonly use and that are easily understood within their peer group but have a
different meaning outside that group. Lesbian, gay, bisexual, and transgender (LGBT)
people, for example, may refer to “the community.” Often they are referring to the
LGBT community, rather than the area that they live in. People with disabilities, ethnic
minorities, members of religious minorities, or other groups all tend to have their own
language and unique terminology.
Both children and adults may need to work through their trauma through re-telling the
experience. Often, victims will remember additional details as they go through their
experience (Young, 1993). Victims gain control or mastery over their experience by
reliving the details through the process of talking about what happened. This process can
also improve their capacity as witnesses in criminal cases.
Validation is the process of helping victims understand that their reactions are part of a
normal process, if this is true. Victims who experience reactions that are life-threatening
or are well beyond the “normal” range should be referred for psychological assessment.
While each victim’s reactions are individual, victim service providers should be cautious
when a victim appears to be experiencing physical, psychological, and/or spiritual
problems outside the usual reactions. In these cases, the victim service provider should
make the appropriate referrals. Victims may develop mental health issues as a result of
their victimization (e.g., clinical depression, anxiety, or posttraumatic stress disorder).
These reactions develop over time. A diagnosis of PTSD requires that symptoms have
persisted more than 4 weeks. However, for people with pre-existing mental health
conditions, their victimization may exacerbate symptoms that may require professional
treatment. Any victims’ statements or actions suggesting suicide ideation must be taken
seriously and appropriate interventions undertaken.
The goal of validation is to help people realize that the physical, psychological, cognitive,
behavioral, and spiritual reactions they are having are often typical of the reactions
experienced by crime victims, even when those reactions are very intense and
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uncomfortable. Many crime victims may experience intense anger. This may be a
frightening experience for the person who has never had such an intense feeling. Victims
can benefit from understanding that crime victims can experience feelings that they have
never had before or experience these feelings more intensely than ever before.
It is important to remember that every victim’s experience is unique and that each person
will want to have his or her experience regarded in that manner. Rather than telling
victims that their reactions are normal, Young (1993) suggests telling them that their
responses are not uncommon. Nothing about the victimization experience is normal.
Phase 3: Predict and Prepare. Following a criminal victimization, a victim often enters
a whole new world—a world filled with unfamiliar people who are talking an unfamiliar
language and often want something that the victim may not be able to provide. Victims of
violent crime may be subjected to uncomfortable physical examinations by unfamiliar
medical personnel. Law enforcement officers are focused on identifying and
apprehending the suspect(s), and the legal jargon they often use may be confusing or
intimidating to victims. Investigators may appear to demand that victims provide more
and more detailed information about their victimization, forcing them to relive the worst
event of their lives over and over. Victims may feel that they have entered an alien
environment, and the victim service provider is their guide through this environment.
The victim service provider can provide a road map, explaining to the victim what is
going on and what is likely to happen in the future. For example, victim service
providers can prepare a victim for a sexual assault examination by explaining the
procedures to be performed and the purpose for each procedure. They can also explain
what will happen to the evidence collected, how long it will take to get test results, and
what will happen if there is or is not any evidence that can be used to identify the
perpetrator.
A child who has been removed from home due to physical abuse will be confused about
why he or she is being taken away from the family and will have many questions, such as
the following: Am I going to jail? Where will I live? What will happen to my pets?
Where will I go to school? What will happen to my parents? Have I done something
wrong? Why are the police here? The victim service provider can help to answer these
questions by talking to the child in language that is commensurate with his or her age and
cognitive development, explaining who the people at the scene are and their jobs, as well
as what will happen in the short term and the long term.
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Possible Reactions to Crisis
After a crisis, short-term reactions may include physical, emotional, financial, or spiritual
reactions. These reactions are discussed in Chapter 6, “Impact of Crime on Victims.”
Many victims experience reactions to specific events that may serve as triggers for
intense responses. Typical triggers include the anniversary of the crime, seeing someone
who looks like the perpetrator, smelling a scent that is a reminder of the crime or crime
scene, the birthday of a homicide victim, media coverage of the event, and visual cues
that bring back memories of the crime. Victims of child sexual abuse may have
psychological reactions to the abuse years later, such as when they enter puberty, when
they first become sexually active, when they get married or pregnant, or when their own
child turns the age they were at the time of the abuse. Victim service providers can help
people prepare for the possibility of these reactions, while informing the victim that these
later responses may or may not occur in his or her case.
Techniques and Guidance in Crisis Intervention
While there are different theories of the phases of crisis intervention, the basic skills
needed to provide effective crisis intervention are consistent. One of the goals of crisis
intervention is to instill hope in the victim (U.S. Department of Health and Human
Services, 1994). Individuals and families need to believe that that they can get through
the current crisis. Helping victims to recall past situations in which they were able to
overcome difficulties is one way to help inspire hope. Another tactic is to help victims
develop a variety of responses, including trying new and different solutions to problems.
Effective Listening Skills. To provide effective crisis intervention, a victim service
provider needs to develop effective listening skills. It is important to remember that
every person is an individual, with unique reactions to all situations, a unique belief
system, and a highly personal worldview. It may be difficult for victim service providers
to work with victims who have a different worldview. Chapter 10, “Cultural and Spiritual
Competence,” may help victim service providers work effectively with victims from
different cultural backgrounds. In order to provide effective services, victim service
providers must put aside their personal beliefs and values and focus on their client’s
needs.
Effective listening skills form the basis of crisis intervention and are described in detail in
Chapter 5, “Communication with Victims and Survivors.” Some examples of active
listening skills are shown in Exhibit VII-1.
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EXHIBIT VII-1
LISTENING TECHNIQUES
Types of Listening
Techniques
Purpose
Examples
USE THESE TECHNIQUES
Probing
Restatement
Neutral
Reflective
Supportive
Summarizing
To seek additional information. To
help the person explore all sides of
their problem. To explore a certain
point in greater depth.
1. “Could you tell me a little bit
more about…”
2. “What was that like?”
3. “Can you recall anything
else?”
To check your understanding. To
show you are listening and
understanding.
1. “You would like to know…”
2. “You say that you are
feeling…”
3. “Then your plan is …”
To convey that you are interested
and listening. To encourage the
person to keep talking.
1. “I see.”
2. “Uh-huh”
3. Nodding your head
To show that you understand how
the person feels about something.
To help the person deal with his or
her own feelings. To move the
conversation to a different topic.
To reassure the person. To reduce
the person’s intensity of feeling. To
deal with the immediate problem.
To bring the discussion into focus
by summarizing. To move to a new
aspect of the problem.
1. “It still hurts a lot, doesn’t it?”
2. “In other words, you feel
that…”
3. “It’s frightening, isn’t it?”
“Have you thought about…”
“You might consider…”
“It’s not uncommon.”
“If I understand, you feel…”
“So the alternatives seem to
be…”
3. “Then what you feel you need
to do is…”
1.
2.
3.
1.
2.
DO NOT USE THESE TECHNIQUES
Evaluative
Interpretive
Shallow
Judgmental. To imply what the
person should or should not do.
To go beyond what the person is
telling you. To add meaning to a
statement.
Responding only to a small portion
of what the person said. Denying
the feelings expressed.
1. “I don’t think you should…”
2. “Haven’t you heard anything
I’ve said?”
3. Gestures and expressions
1. “You are denying…”
2. “Aren’t you really feeling…?
3. “I believe you’re feeling guilty
and…”
1. “You don’t really mean that
you hate him.”
2. “Certainly you don’t really
feel…”
3. “Why can’t you just put up
with it?”
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Reactions of Family Members. In many situations when a crime occurs or is disclosed,
family members are notified. When the victim is a child, the parents or guardians will
usually be notified. In a mass victimization situation, such as a school shooting or a
shooting at a workplace, family members may gather to check on the safety of their loved
one. Or a victim may choose to disclose his or her victimization to family members.
Family members are often referred to as “secondary victims,” in acknowledgment of the
impact that crime has, not only on the person who was victimized, but also on those close
to the victim. The Tribal Law and Policy Institute (unpublished, 2005) has outlined some
of the common reactions and feelings of family/friends of victims of crime, included in
Exhibit VII-2.
EXHIBIT VII-2
COMMON REACTIONS AND FEELINGS OF FAMILY/FRIENDS
OF VICTIMS OF CRIME
Anger
 At assailant for committing the crime.
 At victim for “putting herself in vulnerable situation,” e.g. for being
with a violent partner.
 At system for not keeping our communities safe, for not responding
expeditiously, for letting the perpetrator go and not holding him
accountable.
 At self for not protecting family/friend from the perpetrator.
Concern
 For the victim’s well-being and safety.
 For the victim’s rights.
 About how the victimization will affect their own life.
 About how the relationship will change.
Guilt



For not having prevented the assault.
For not having been there to protect the victim.
For not believing the victim.
Embarrassment
 Worry about gossip in the community.
 Embarrassed for the victim.
Vulnerability
 Realization that it can happen to them too.
 May become overprotective of the victim.
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Psychological First Aid. The National Child Traumatic Stress Network (NCTSN) and
National Center for PTSD have developed a guide to offering psychological first aid to
victims of disasters (Ruzek, Brymer, Jacobs, Layne, Vernberg, and Watson, 2006).
While psychological first aid is aimed at mental health providers, there are many useful
concepts that can be applied by all first responders, including victim assistance providers,
particularly those responding to terrorism or mass victimization situations. The following
paragraphs include excerpts from this guide. Participants are encouraged to read the
entire guide for additional information. The guide can be found at www.nctsnet.org.
The NCTSN and National Center for PTSD (2005) describe psychological first aid as
follows:
Psychological First Aid is designed to reduce the initial distress
caused by traumatic events, and to foster short- and long-term
adaptive functioning. Principles and techniques of Psychological
First Aid meet four basic standards. They are: (1) consistent with
research evidence on risk and resilience following trauma; (2)
applicable and practical in field settings; (3) appropriate to
developmental level across the lifespan; and (4) culturally informed
and adaptable.
The basic objectives of psychological first aid are similar to the objectives for any
type of crisis intervention or first response. The NCTSN and National Center for
PTSD describe these objectives as follows:

Establish a human connection in a nonintrusive, compassionate manner.

Enhance immediate and ongoing safety, and provide physical and emotional
comfort.

Calm and orient emotionally overwhelmed or distraught survivors.

Help survivors to articulate immediate needs and concerns, and gather additional
information as appropriate.

Offer practical assistance and information to help survivors address their
immediate needs and concerns.

Connect survivors as soon as possible to social support networks, including
family members, friends, neighbors, and community helping resources.

Support positive coping, acknowledge coping efforts and strengths, and empower
survivors; encourage adults, children, and families to take an active role in their
recovery.

Provide information that may help survivors to cope effectively with the
psychological impact.
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
Facilitate continuity in response efforts by clarifying how long the psychological
first aid provider will be available, and (when appropriate) linking the survivor to
another member of a disaster response team or to indigenous recovery systems,
mental health services, public-sector services, and organizations.
The NCTSN and National Center for PTSD guidelines also offer useful suggestions for
behaviors to avoid, including the following:

Do not make assumptions about what the person is experiencing or what he or she
has been through.

Do not assume that everyone exposed to a disaster will be traumatized.

Do not pathologize. Most acute reactions are understandable given what people
exposed to the disaster have personally experienced.

Do not label reactions as “symptoms” or speak in terms of “diagnoses,”
“conditions,” “pathologies,” or “disorders.”

Do not talk down to or patronize the survivor, or focus on his or her helplessness,
weaknesses, mistakes, or disability. Focus instead on what the person has done
that is effective or may have contributed to help others in need, both during the
disaster and in the present setting.

Do not assume that all survivors want to talk or need to talk to you. Often, being
physically present in a supportive and calm way helps affected people to feel safer
and more able to cope.

Do not debrief by asking for details of what happened.

Do not speculate or offer erroneous or unsubstantiated information. If you don’t
know something that you are asked, do your best to learn the correct facts.

Do not suggest fad interventions or present uninformed opinion as fact. (NCTSN
and National Center for PTSD, 2005, p. 7)
It is important to be aware of the needs of at-risk populations. Individuals who are
at special risk after a terrorism attack or mass victimization include the following:

Children (especially children whose parents have died or are missing).

Those who have had multiple relocations and displacements.

Medically frail adults.

The elderly.

Those with serious mental illness.

Those with physical disabilities or illnesses.

Adolescents who may be risk-takers.

Adolescents and adults with substance abuse problems.
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
Pregnant women.

Mothers with babies and small children.

Professionals or volunteers who participated in response and recovery efforts.

Those who have experienced significant loss.

Those exposed firsthand to grotesque scenes or extreme life threat. (NCTSN and
National Center for PTSD, 2005, p. 8)
In some instances crime victims may need mental health interventions. People who are
victims of crime may have pre-existing mental health issues or may develop
psychological or psychiatric problems as a result of their victimization. It is appropriate
to refer victims to professional therapists if their level of psychological distress is beyond
what the victim service provider is capable of handling. It is also appropriate to develop a
network of mental health professionals who have special training or skills in the trauma
of victimization. As a victim service provider, it is vital to recognize one’s own
limitations. Victims who are seriously depressed and/or suicidal need professional
assistance that is beyond the capability of the victim service provider to provide.
Common Pitfalls To Avoid. It is important to avoid common pitfalls when providing
crisis intervention. Many victim service providers enter the field because they are natural
helpers; they take great satisfaction in helping other people. However, there is a danger
that in trying to help others, victim service providers will make the situation worse
instead of better. Here are some things to avoid (Young, 1993).
Avoid:

Giving advice (“If I were you, I would…”).

Being judgmental (“That is the worst thing I’ve ever heard…”).

Trying to change someone’s values or beliefs (“If you would only accept that…”).

Telling the person that you know how he or she feels.

Telling the person that he or she will “get over it.”

Making promises you can’t keep (“He will never hurt you again.”).

Getting in over your head.
Avoid Saying:

“I understand.”

“I’m glad you can share those feelings.”
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
“You’re lucky that. . .”

“It’ll take some time but you’ll get over it.”

“I can imagine how you feel.”

“Don’t worry; it’s going to be all right.”

“Try to be strong for your children.”

“I know how you feel.”

“Calm down and try to relax.”
Critical Incident Debriefing
Crisis intervention is not the same as critical incident debriefing (also called
psychological debriefing, critical incident stress debriefing, and single session
debriefing). Crisis intervention services may be offered in person or over the phone.
While crisis intervention is initiated as close as possible to the traumatic event,
intervention services are often offered over a period of time, during follow-up services.
Several years ago, a great deal of interest developed in critical incident debriefing as a
means of immediate intervention after a traumatic event aimed at preventing the
development of long-term problems such as PTSD.
Typically these approaches use a group format and have participants go through several
stages in a 1- to 3-hour session held within 1 month of the traumatic event. The three
most commonly used techniques are critical incident stress debriefing (CISD), also
known as the Mitchell model; the Raphael model; and process debriefing (van Emmerik,
Kamphius, Hulsbosch, and Emmelkamp, 2002).
Hammond and Brooks (2001, p. 315) describe CISD as designed to promote
emotional health through verbal expression, cathartic ventilation, normalization of
reactions, health education, and preparation for possible future reactions. The
debriefing technique consists of reviewing the traumatic experience, encouraging
emotional expression, and promoting cognitive processing
Recent studies, however, have cast doubt on the efficacy of these single
debriefing sessions as a means of preventing future problems, such as PTSD.
Rose, Bisson, Churchill, and Wessely (2002), for example, performed a metaanalysis of the impact of one session psychological debriefing on the later
development of PTSD. They found that single-session individual debriefing had
no protective impact compared to control groups. One of the studies in their
analysis even reported an increase risk of developing PTSD among those that had
received debriefing. No decrease in the severity of PTSD was found at 1-4
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months, 6-13 months or three years. The explanation for these results is unclear.
It could be that people who received a single debriefing session believed that they
did not need further help and did not seek any additional treatment. Whatever the
reason, this research suggests that a single session debriefing is not sufficient to
prevent later psychological problems.
Similarly, a meta-analysis of studies assessing the efficacy of single-session debriefing in
preventing PTSD and other psychopathologies was undertaken in 2002 by van Emmerik,
Kamphius, Hulsbosch, and Emmelkamp. They assessed only studies in which a singlesession debriefing was conducted within 1 month of the traumatic event; psychological
distress or symptomology had been assessed with a widely accepted psychological
measure; and before and after data were collected. In their analysis of 29 such studies,
they found “that CISD has no efficacy in reducing symptoms of post-traumatic stress
disorder and other trauma-related symptoms”; in fact, the data suggested “that it has a
detrimental effect” (van Emmerik, Kamphius, Hulsbosch, and Emmelkamp, 2002, p.
769).
Hammond and Brooks (2001) and others have argued that the studies showing that CISD
does not work are flawed and point to studies that do support the efficacy of this
approach. Because several models of single session debriefing are used in a wide variety
of ways, it may be very difficult to effectively assess the effectiveness of this approach.
It is likely that some type of immediate intervention along the CISD model is helpful for
a certain subset of individuals. Further research in this area may help to identify who is
most likely to benefit from this type of immediate intervention, as well as identifying the
critical aspects of the intervention strategy that is most effective. It appears that
currently, if CISD is offered to victims, this offer should be made within the context of
encouraging victims to seek additional mental health services as needed.
Assess Needs
Victim service providers must know how to assess the victim’s needs, link the victim to
the appropriate services to meet those needs, and ensure that the victim’s rights are
known and upheld. The following is a list of issues to consider in conducting a basic
victim needs assessment (Seymour, n.d.).

Really Basic Issues:


Medical and mental health services.
Housing (both emergency/temporary and long-term, and possible
relocation).
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






Transportation (personal automobile or access to and payment for public
transportation).
Food for self and family.
Clothing.
Employment and/or job training.
Education (such as school attendance).
Assistance with basic issues relevant to the victim’s children, such as
school, child care, and medical services.
Assistance and Services


















Crisis intervention.
Crisis counseling.
Emergency financial assistance.
Services to enhance protection.
Home safety check with physical reinforcements (such as locks).
Safety planning.
Advocacy or intervention with employers.
Development or enhancement of the victim’s social support system.
Physical health and medical issues.
Mental health counseling (for self and family).
Support group participation.
Legal advocacy.
Referrals for social services.
Assistance as needed with immigration status.
Alcohol or other drug counseling as needed.
Information regarding what to do in cases of emergencies.
Translation or interpreter services.
Follow-up contact, as needed or on request.
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
Implementation of Rights









Provision of information about victims’ rights.
Information about and assistance with filing a victim compensation claim.
Information about protection rights.
Notification of the status and location of the offender.
Information about participation in key justice proceedings.
Accompaniment to court-related and other hearings involved in the case.
Information about and assistance with completing a presentence
investigation (PSI) interview and/or victim impact statement.
Information about and assistance with documenting restitution.
Notification of the outcome of criminal or juvenile justice proceedings.

For cases involving incarceration or detention: Notification of the
location of the offender and any movement (including release or
escape)

For cases involving community supervision: Input into conditions of
community supervision; the right to protection (including assistance
with obtaining protective orders); the right to financial/legal
obligations owed by the offender (such as child support, restitution,
payment of house payments or rent, etc.); the right to be notified of
any violations, be given input into any violation hearings; to be
notified of the outcome of any violation hearings; and to be provided
with contact information for the agency/ professional who will be
supervising the offender.
Identify Resources and Provide Referrals
 In 2001, states made more than
The majority of victim assistance programs
5,400 awards using Victims of Crime
are administered locally. Victims can
Act (VOCA) funds to programs
access services through a variety of
providing assistance to victims of
crime.
agencies, including private nonprofit
 These programs provided services to
organizations, faith-based organizations or
3.5 million victims.
churches, tribal governments, local criminal
 Approximately 75 percent of these
justice agencies, and public agencies (such
funds were used by victims of child
abuse, sexual assault, or domestic
as hospitals and mental health agencies). A
violence (Newmark, 2004).
significant portion of funding for these
programs comes from VOCA funds administered by OVC.
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Other offices within the Office of Justice Programs, U.S. Department of Justice provide
funding for a number of programs related to crime victims.

The Violence Against Women Office provides funding for federal, state, tribal,
and local programs that assist victims of family violence and sexual assault.

The Bureau of Justice Statistics (BJS) provides funding to improve the collection
of data on crime and victimization, as well as statistics on crime

The National Institute of Justice (NIJ) is the “research arm” of the U.S.
Department of Justice. NIJ has funded evaluation projects to assess the efficacy of
victim assistance programs.
In addition to the provision of funding for services related to crime victimization, many
federal agencies have developed resources for victims of crime during the past decade.
Victims of crime that occur on federal lands or where there is federal jurisdiction (such as
Indian country, federal parks, federal offices, and military installations) may be able to
access services from federal law enforcement and criminal justice agencies. The Federal
Bureau of Investigation has victim assistance coordinators. United States citizens who
are victimized overseas can use services available through the U.S. State Department.
The Department of Homeland Security (DHS), Customs and Border Patrol (CBP) also
has services for victims of crime. The idea of providing services to victims of crime is
relatively new for some of these agencies, with programs slowly being developed as a
result of increased awareness of the need for services.
Each U.S. Attorney’s Office has a victim/witness coordinator, who works with victims
and witnesses. Victim service providers who work with victims of federal crime will find
these federal victim/witness coordinators to be an invaluable asset. Similarly, victim
service providers or victim coordinators based in the State Attorney’s or District
Attorney’s Office can provide important services for crime victims.
Assist With Compensation and Restitution Programs
One of the most common types of assistance offered to victims of violent crime is help
with applying for compensation, which is available to victims of crime in all 50 states,
the District of Columbia, tribal communities, Puerto Rico, Guam, and the U.S. Virgin
Islands. The purpose of these programs is to reimburse victims of crime for expenses that
they incur because they have been the victim of a crime.
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State Compensation Programs
Each state establishes its own guidelines for crime victim compensation. The programs
have many common elements, however. To be eligible for compensation crime victims
MUST:

Report the crime to law enforcement in a timely manner.

Cooperate with the law enforcement investigation of the crime.

File a timely application.

Not be involved in illegal activity at the time of the crime.

Have an expense that is not covered by another source, such as insurance, Indian
Health Service, or the Veterans Administration.
The key aspects of victim compensation are described in Chapter 3, “Basic Victims’
Rights.” However, there are a few important considerations for victim service providers
to understand relevant to helping victims apply for compensation:

Violent crime victims should be advised that they “have the right to apply for
victim compensation.” Victim service providers should not offer any assurances
or guarantees about “the right to compensation” or that victims “will” receive an
award.

Any agency that receives VOCA funding is required by statute to help violent
crime victims apply for victim compensation.

It is important for victim service providers to be familiar with the crime victim
compensation application procedures and forms in their respective states. Most
states now have online applications, and many offer compensation information
and forms in Spanish and other dominant languages in the jurisdiction.

Not all applications for crime victim compensation will be approved. Each
jurisdiction has an appeals process. Victim service providers can be helpful in
finding out why an application was denied and helping victims file an appeal.

All state compensation programs offer free training and technical assistance to
victim service providers and allied professionals to improve their capacity to help
victims complete the application process.

Generally, crime victim compensation cannot pay for property damage. The
exceptions to this prohibition on payment for property are medical devices (e.g.
eye glasses and hearing aides) and property that is necessary for security (e.g.
locks and windows).

Many states also reimburse for culturally appropriate services, such as use of a
traditional healer. As new needs are identified, states have begun to include
services such as crime scene clean up as allowable reimbursable expenses.
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
States will reduce the amount of the payment to a victim if the victim was found
to be involved in “contributory conduct” that resulted in his or her victimization.
The state compensation program may determine that a victim was 50 percent
responsible for his or her victimization and reduce the reward by that percentage.
For obvious reasons, if the victim was involved in illegal conduct at the time of the crime,
he or she is not eligible for compensation. Even if the illegal activity is not directly
related to the crime, the victim is still not eligible for compensation.
Restorative Justice
Restorative justice is a general term to describe approaches to justice that focus on
making the victim whole following a crime, as opposed to merely punishing the
perpetrator. Indigenous cultures throughout the world have traditionally used restorative
justice in dealing with crime. These communities recognized that the best response to a
crime was not always punishment. If a woman’s husband was murdered, for example,
she might have no one to plant the family’s field or harvest the crops. A restorative
solution to this problem might be to have the offender plant the field, harvest the crops,
chop firewood, and perform other tasks that were performed by the murdered husband.
This solution is in sharp contrast to the more “traditional” American approach of life
imprisonment or death.
Restorative justice is so named because these approaches attempt to restore the victim to
previctimization status and to restore balance and unity within the community. Some
American Indian communities currently use peace-making courts or other traditional
approaches to deal with criminal offenders. Usually, these approaches are limited in use,
with certain types of crimes being ineligible for restorative justice courts. Victims should
never be forced or coerced into participating in restorative justice. Restorative justice
approaches must be victim-centered. If the victim is not ready or does not wish to
participate in a restorative approach, then the victims’ wishes must be respected.
In the 1980s and 1990s, there was increased interest in restorative justice approaches,
especially in dealing with juvenile victims. This new incarnation of restorative justice is
based on the following values and assumptions (Bazemore and Umbreit, 1994):

All parties, offenders, victims, and the community should be included in the
response to crime.

Government and local communities should play complementary roles in that
response.

Accountability is based on offenders understanding the harm caused by their
offenses, accepting responsibility for that harm and repairing it.
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
Crime is fundamentally a violation of people and interpersonal relationships.
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Violations create obligations and liabilities.
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Restorative justice seeks to heal and put right the wrongs.
One of the most commonly used types of restorative justice is restitution. Although
restitution is often used in connection with punishment (in the form of probation or
incarceration), the basis for offenders paying restitution is found in the values of
restorative justice.
Wallace (1998) defines restitution as “a court-ordered sanction that involves payment of
compensation by the defendant to the victim for injuries suffered as the result of the
defendant’s criminal act” (p. 309). Restitution may be monetary or may involve
community service. If the restitution is monetary, it may be paid directly to the victim or
to the state compensation fund. In many cases, the court may order a convicted
perpetrator to pay the victim restitution, or restitution may be arranged as part of a
pretrial agreement (Center for Child and Family Studies, 2000). Restitution may also be
ordered as a part of probation. Some states allow crime victims to change restitution
orders into civil judgments. In some states the restitution orders are automatically
converted into civil judgments (Office for Victims of Crime, 2002).
There are four purposes of restitution (Wallace, 1998):
1. To establish a relationship between the victim and perpetrator in order to make
the offender aware of the financial consequences of their crime on the victim.
2. To advance the concept of personal responsibility and accountability to the
victim.
3. To assist the victim financially and emotionally, as well as educating the offender
regarding the impact of their crime.
4. To punish the offender.
Restitution serves as a means to make the offender directly responsible to the victim by
attempting to remediate the harm done to the victim.
Victims may benefit psychologically from receiving financial compensation from the
perpetrator. Restitution may be ordered for expenses (including insurance deductibles),
property loss or damage, lost wages, and child care but not for pain and suffering.
Victims who receive both compensation and restitution must pay back the amount they
received in restitution to the crime victim’s fund.
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REFERENCES
Bazemore, Gordon, and Mark Umbreit. 1994. Balanced and Restorative Justice:
Program Summary. Washington, DC: U.S. Department of Justice.
Center for Child and Family Studies. 2000. Victim Assistance Institute Basic Training
Curriculum. Columbia, SC: University of South Carolina.
Dixon, S.L. 1987. Working With People in Crisis, 2nd ed. Columbus, OH: Merrill.
Hammond J., and J. Brooks. 2001. “Helping the Helpers: The Role of Critical Incident
Stress Management.” Critical Care 5: 315–317.
Kilpatrick, D.G. 2000. “The Mental Health Impact of Rape.” Retrieved May 26, 2006,
from www.musc.edu/vawprevention/research/mentalimpact.shtml.
National Center for Victims of Crime. 2004. Crisis Intervention. U.S.
Department of Veterans Affairs. Retrieved May 29, 2006, from
www.ncvc.org/ncvc/
main.aspx?dbName=DocumentViewer&DocumentID=32346.
Newmark, Lisa. 2004. “Crime Victims’ Needs and VOCA-Funded Services: Findings
and Recommendations from Two National Studies, Report to the National Institute of
Justice.” Retrieved August 3, 2007, from www.ncjrs.gov/pdffiles1/nij/grants/214263.pdf.
Office for Victims of Crime. 2002. National Victim Assistance Academy Textbook.
Washington, DC: U.S. Department of Justice.
Tribal Law and Policy Institute. 2005. unpublished text.
Wallace, H. 1998. Victimology: Legal, Psychological, and Social
Perspectives. Boston, MA: Allyn and Bacon.
U.S. Department of Health and Human Services. 1994. Crisis Intervention in Child Abuse
and Neglect. Washington, DC: U.S. Department of Health and Human Services.
van Emmerik, A., J. Kamphius, A. Hulsbosch, and P. Emmelkamp. 2002. “Single
Incident Debriefing After Psychological Trauma: A Meta-Analysis,” Lancet 360(9335):
766–771.
Young, M. 1993. Victim Assistance: Frontiers and Fundamentals.
Washington, DC: National Organization for Victim Assistance. Dubuque.
IA: Kendall /Hunt.
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RESOURCES
OVC sponsors an award-winning Online Directory of Crime Victim Services, which
includes contact information for thousands of state and local programs. Victims and
victim service providers can identify victim services by location, type of victimization,
type of services that is needed, and/or agency type. The directory can be accessed at
http://ovc.ncjrs.gov/findvictimservices.
The National Association of VOCA Assistance Administrators (NAVAA) maintains a
“links” page on its Web site that is regularly updated. It provides direct links to the
URLs of the following programs in each state:
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VOCA administrators.
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Crime victim compensation programs.
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Attorneys General victim services.
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General statewide victim coalitions.
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Domestic violence coalitions.
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Sexual assault coalitions.
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State MADD chapters.
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Parents of Murdered Children chapters.
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State adult correctional agencies.
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Adult corrections victim assistance programs.
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State juvenile justice agencies.
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Juvenile justice victim services.
The page can be accessed at www.navaa.org/links.html.
An Abuse, Rape and Domestic Violence Aid and Resource Collection (AARDVARC) is
for victims of violence, their families and friends, and the agencies and programs which
serve them. Issues addressed here include domestic violence, stalking, sexual assault,
child abuse and adult survivors of child sexual assault. The site provides general
educational and reference material, a nationwide directory of services, and program
resources to help cut costs, increase effectiveness, train staff and volunteers, seek
funding, build or improve a website, and network with peers for maximum problemsolving impact. This site is located at www.aardvarc.org.
The National Prison Rape Elimination Commission (NPRECCommission is a bipartisan
panel created by Congress as part of the Prison Rape Elimination Act of 2003. The
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Commission is charged with studying federal, state and local government policies and
practices related to the prevention, detection, response and monitoring of sexual abuse in
correction and detention facilities in the United States. Go to www.nprec.us.
The Criminal Justice/Mental Health Consensus Project, coordinated by the Council of
State Governments Justice Center, is an unprecedented, national effort to help local, state,
and federal policymakers and criminal justice and mental health professionals improve
the response to people with mental illnesses who come into contact with the criminal
justice system. The site houses the Criminal Justice/Mental Health Information Network
(Info Net), a new online database that provides a comprehensive inventory of
collaborative criminal justice/mental health activity across the country and serves as a
platform for peer-to-peer networking. More about the project can be found at
http://consensusproject.org.
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APPENDIX A
VICTIM SAFETY PLANNING:
ESSENTIAL ELEMENTS OF SAFETY PLANS
By Trudy Gregorie, Director, Justice Solutions, Washington, DC, 2005
PERSONAL SECURITY
Personal security measures limit the offender‘s access to the victim or help victims shield
themselves—and information about their whereabouts, activities, and intentions—from
the offender. All of these measures involve some kind of personal loss, dislocation, or
disruption of personal or family routines; most of them cost money—and some create
significant financial burdens. Victims will understandably and legitimately resent having
to bear these costs in order to achieve a measure of safety and privacy. Don’t try to
undercut these feelings; help victims do what needs to be done despite the fact that “it’s
not fair.”
The following advice can be provided for victims.
MOVING
Making new living arrangements is easier to do if you are a tenant, although there may be
need for legal assistance in getting out of a lease; it is harder to do when it involves
selling a home. Moving may require leaving the area altogether, and if the offender
shares custody of any children involved, the civil courts will have something to say about
it.
Try to use a “no name” mover, so you cannot be easily traced, or move things to storage,
then use a different company to move them to where you’re going.
In extreme cases, relocation is part of a complete change of identity. Unless you are
involved in a formal victim/witness program, this generally requires a number of illegal
acts and a strong commitment to following through, including a willingness to cut most,
if not all, existing personal ties.
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Protect the confidentiality of your new address:
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Notify the local postal service that it is not to release change of address
information.
Change your mailing address to a private box.
Use a private mailing service, or rent a post office box in a different location from
where you live.
Use your P.O. box address on personal checks, letterheads, and business cards.
Get dropped from commercial mailing lists that are rented or sold (especially with
companies that send you catalogs or publications).
Advise the telephone company, utilities, banks, and creditors of the change and
asking them to put a notation on your file to restrict inquiries. (Many credit check
agencies have a service that will let you know if someone runs a credit check on
you.)
Use your post office box address for your driver’s license and vehicle registration.
Place property or other assets in trust so that your address cannot be obtained
through a title records search.
As far as is legally possible (in the state where you live or from the state that
you’ve moved), protect the new address in transfers of school records and in any
legally required release of educational information.
Teach children to keep their address and phone numbers confidential.
Change your telephone number, getting an unlisted number and radically
restricting the people you give it to; use an answering service or voice-mail
number. If you need to share a phone with a roommate or relative, get a
password-protected voice mail feature added to your service.
If you can afford it, consider using one number to call-forward your calls to yet
another phone somewhere else.
Make sure your address isn’t listed in the phone book or reverse directories.
If you are routinely harassed over the telephone and you can find the money, you
might want to get a new unlisted line while continuing to use an answering
machine to monitor calls to the old number. The tapes may be useful as evidence
of harassment, threats, or stalking behaviors.
Use caller ID and call tracing services defensively: know who’s calling you
before you answer, but learn how to keep your calls from being identified, or call
from public telephones.
Courts have the ability to keep a petitioner’s address and telephone number
confidential. This will take a formal request from you and, in some cases, from
the prosecuting attorney.
If the offender is on probation/parole, get the name and number of your offender’s
probation/parole officer and stay in touch.
Where available, enroll in victim notification systems that will alert you to the
offender’s release from jail or prison.
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CHAPTER 7 DIRECT SERVICES
SPECIAL TOPICS SUPPLEMENT: DOMESTIC VIOLENCE
Learning Objectives
Upon completion of this section, students will understand the following concepts:
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The dynamics of domestic violence.
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Advocacy for victims of domestic violence.
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The effects of domestic violence on children.
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Relevant federal and state domestic violence laws.
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Promising practices that address domestic violence issues.
Statistical Overview
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In 1998, one-third of all murdered females were killed by an intimate partner
(Rennison and Welchans, May 2000).
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During 1998, women were the victims of intimate partner violence about five
times more often than males. There were 767 female victims of intimate partner
violence per 100,000 women that year, compared to 146 male victims (Ibid.)

Between 1993 and 1998, about half of the intimate partner violence against
women was reported to police. Black women were more likely than other women
to report such violence (Ibid.)
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About 45% of the female intimate violence victims in 1998 lived in households
with children younger than twelve years old (Ibid.)
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According to the FBI's Uniform Crime Report, spousal abuse (including commonlaw spouses) accounted for 43% of all family violence incidents reported to police
in 1998 (FBI 17 October 1999).
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Victims of family violence are overwhelmingly female—71% for family violence
versus 58% for all other types of violence (Ibid., 281). In 1996, females were the
victims of about 75% of murders of intimates and about 85% of non-lethal
intimate violence (BJS, 18 February 1999, 1).

A slightly larger percentage of family violence victims are white compared to
victims of overall violence, 74% and 72%, respectively (Ibid.)
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
In 15.1% of family murders, the offender used his feet, hands, or fists to kill his
intended victim (Ibid., 282).
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In 1996, women experienced an estimated 840,000 rapes, sexual assaults,
robberies, aggravated assaults, and simple victimizations at the hands of an
intimate, down from 1.1 million in 1993 (BJS, 18 February 1999).
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About 10% of all handgun purchase applications were rejected in 1998 because
the applicant had been convicted of a domestic violence offense, and 3% were
rejected because the applicant was the subject of a domestic violence protection
order (BJS, June 1999, 1).
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Among women victimized by a violent intimate in 1996, about two-thirds of
black females reported the abuse to law enforcement professionals, but only about
one-half of white female victims did (BJS March 1998, 19).
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Nearly six in ten female domestic violence victims in 1996 reported that police
responded within ten minutes of receiving the report of abuse (Ibid., 20).
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Data from the National Violence Against Women Survey indicate that violence
against women is predominantly intimate partner violence. Of the women who
reported being raped and/or physically assaulted since the age of eighteen, threequarters were victimized by a current or former husband, cohabiting partner, date,
or boyfriend (NIJ and CDC 1998, 12).

When raped or physically assaulted by a current or former intimate partner,
women were significantly more likely than men to sustain injuries and to report
the assault, whether the time frame considered was the person's lifetime or the
preceding twelve months preceding the survey (Ibid.).
Tennessee Statistical Overview
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
80,575 Tennesseans were victims of domestic violence related crimes in 2006.
Almost half of all reported crimes against persons in 2006 were domestic
violence incidents.
Gender of Victim:
o 73% of the victims were female and 27% of the victims were male.
(Just slightly over half the Tennessee population is female.)
Race of Victim:
o 59% of victims were White (compared to about 80% of the total
population).
o 38% of victims were African American (compared to about 17% of the
total population).
Age of Victim:
o Almost 85% of domestic violence victims in 2006 were under 45,
while only just over 60% of the total population is under 45.
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Victim’s Relationship to the Offender:
o The most common relationship between the victim and the offender
was boyfriend/girlfriend (36%) and spouse (18%).
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There were 76 domestic homicides in 2006.
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Simple assault was the most frequent charge (almost 70%), followed by intimidation
(14%) and aggravated assault (13%).
(The above statistics were taken from the Tennessee Bureau of Investigation;
Crime in Tennessee 2006.)
Prevalence Estimates: Intimate Partner and Domestic Violence
(The following section was developed by the National Violence Against Women
Prevention Research Center, April 1999.)
Recently, violence among intimates has received increased attention in this and other
countries, and the medical need to identify victims of domestic violence is particularly
well established. Domestic violence is found across ethnic, racial, and socioeconomic
classes (Hotaling and Sugarman 1990). Approximately 20 to 30 percent of marriages in
this country have been characterized at one point by overt interpersonal aggression
(Straus and Gelles 1990; Straus, Gelles, and Steinmetz 1980), and about 1,800,000 to
4,000,000 women in the United States are physically abused by their partners annually
(Straus and Gelles 1986). In a wide scale study of couples, Straus and Gelles (1990)
found that almost 13 percent of men had physically aggressed against their partners in the
past year. Over 33 percent of these aggressive acts were classified as severe (i.e.,
punching, beating up, threatening with a knife or gun). Women are up to six times as
likely to suffer violence at the hands of a partner or ex-partner than from a stranger
(Bachman and Saltzman 1995), and are more likely to suffer injury when their assailant is
an intimate (Bachman and Saltzman 1995).
Physicians are frequently in direct contact with recent victims of domestic violence.
Twenty-two to 35 percent of emergency room visits by women are in response to partner
violence (Abbot et al. 1995; McLeer and Anwar 1989; Randall 1990), and approximately
53 percent of domestic violence victims present to physicians repeatedly (i.e., six or more
times) with trauma-related injuries (Stark, Flitcraft, and Frazier 1979). Female victims of
domestic violence are up to thirteen times more likely to suffer injury to their breasts,
chests, or abdomens than accident victims (AMA 1992a). Thus, clinicians observing
these injuries should be aware of the increased potential for past and future victimization.
Sexual assault is also widely prevalent in domestic settings. Thirty-three to 50 percent of
women who are physically assaulted by their partners also suffer sexual assault at their
hands (Frieze and Browne 1989). Indeed, in their large-sample survey, Kilpatrick,
Edmunds, and Seymour (1992) found that only 22 percent of rapes were perpetrated by
strangers, whereas husbands and boyfriends were responsible for 19 percent, and other
relatives accounted for 38 percent (the remaining rapes were perpetrated by non-relatives
and acquaintances).
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Violence also seems to be widespread within the context of dating relationships.
Approximately one-third of college students report experiencing relationship aggression
(Arias, Samios, and O'Leary 1987; Bernard and Bernard 1983; Breslin et al. 1990; Rouse,
Breen, and Howell 1988; White and Koss 1991). Some studies have revealed even higher
prevalence rates of physical aggression among unmarried relative to married couples
(Stets and Straus 1989; Yilo and Straus 1981). As might be expected, a higher level of
marital discord has also been associated with increased risk of physical assault (Hotaling
and Sugarman 1990; Pan, Neidig, and O'Leary 1994).
As noted, women are at greatest risk of injury, sexual assault, and homicide by their
partners. Disappointingly, Warshaw (1989) noted that 92 percent of domestic violence
cases presenting to an emergency department received no referral or follow-up
information, and Kurz (1987) reported that no physician response to abuse was observed
in 40 percent of positively identified domestic violence victims. This is unfortunate when
considering that partner violence is typically ongoing, and failure to identify and
intervene, either directly or indirectly in the form of information and referral, maximizes
the potential that one's patient will eventually experience severe physical and emotional
injury or even death.
Defining Domestic Violence
Various definitions of domestic violence are utilized nationwide, reflecting both legal
definitions and descriptions relevant to specific disciplines of caregivers, including victim
advocates, medical professionals, and criminal justice practitioners. While it is necessary
for victim service providers to determine the legal definition of domestic violence in both
civil and criminal law in their respective states, it is useful to start with a generic
definition of domestic violence:
Domestic violence is a pattern of coercive behavior designed to exert power and
control over a person in an intimate relationship through the use of intimidating,
threatening, harmful, or harassing behavior.
The following isolates elements of domestic violence: what it is, who commits it, and
when, where, and why it typically occurs.
WHAT IS DOMESTIC VIOLENCE?
Domestic violence is coercion through the use of intimidating, threatening, harmful, or
harassing behavior. This definition validates that domestic violence includes multiple
forms of abuse—physical, sexual, and emotional, or psychological. Here are specific
examples of these types of behavior:
Physical abuse. Physical abuse is usually recurrent and usually escalates both in
frequency and severity. It may include the following:
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Pushing, shoving, slapping, hitting, punching, kicking the victim.
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Holding, tying down, or restraining the victim.
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Inflicting bruises, welts, lacerations, punctures, fractures, burns, scratches.
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Strangling the victim.
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Pulling the victim's hair or dragging the victim by the victim's hair or body parts.
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Assaulting the victim with a weapon.
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Inflicting injury upon pets or animals.
Sexual abuse. Sexual abuse in violent relationships is often the most difficult aspect of
abuse for women to discuss. It may include any form of forced sex or sexual degradation:

Trying to make or making the victim perform sexual acts against her will.
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Pursuing sexual activity when the victim is not fully conscious, or is not asked, or
is afraid to say no.
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Physically hurting the victim during sex or assaulting her genitals, including the
use of objects or weapons intra-vaginally, orally, or anally.
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Coercing the victim to have sex without protection against pregnancy or sexually
transmittable diseases.
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Criticizing the victim and calling her sexually degrading names (AMA 1992b, 4041).

Engaging in unwanted sexual contact that may result in torn, stained, or bloody
underclothing; difficulty walking or sitting; pain, itching, bruising, or bleeding in
genital areas; unexplained venereal disease or genital infections.
Emotional or psychological abuse. Emotional or psychological abuse may precede or
accompany physical violence as a means of controlling through fear and degradation. It
may include the following:
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Threats of harm.
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Physical and social isolation.
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Extreme jealousy and possessiveness.
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Deprivation of resources to meet basic needs.
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Intimidation, degradation, and humiliation.
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Name calling and constant criticizing, insulting, and belittling the victim.
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False accusations, blaming the victim for everything.
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Ignoring, dismissing, or ridiculing the victim's needs.
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
Lying, breaking promises, and destroying the victim's trust.
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Driving fast and recklessly to frighten and intimidate the victim.
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Leaving the victim in a dangerous place.
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Refusing to help when the victim is sick or injured.
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Threats or acts of violence/injury upon pets or animals.
WHO COMMITS DOMESTIC VIOLENCE?
Domestic violence is primarily perpetrated by men against women. Numerous studies
repeatedly illustrate this finding, as shown in the statistics cited earlier. Yet, in recent
years, some studies suggest women use violence in intimate relationships as frequently as
men do. These studies are refuted by credible members of the domestic violence
discipline, particularly batterers' treatment providers, who are concerned about flaws in
such studies:
1. Motivation for the use of violence. Most of the recent studies suggesting women
and men equally engage in domestic violence fail to ask the survey respondent
what motivated the use of violence in the intimate relationship. In studies that ask
this question, the answer is consistent: Men use violence to establish or maintain
power and control, and women use violence either in self-defense, in anticipation
of violence, or in retaliation for violence perpetrated against them. In other words,
if a woman is able to free herself from the abuser, she is very unlikely to continue
to use violence. By contrast, most men engage in serial domestic violence: If he
leaves or is left by one victim, he quickly becomes involved with another woman
against whom he engages in domestic violence. If this question is factored into
these studies, it becomes clear that women's use of violence is largely in response
to the violence perpetrated against her.
2. Impact of violence on the intimate other—the fear factor. Recent studies
suggesting women and men equally engage in domestic violence generally fail to
ask what the impact of the domestic violence is on the victim. When this question
is asked, women report greater numbers of injuries, greater severity of injuries,
and greater risk of harm. Men report few or no injuries, unless the woman uses a
weapon, in particular a gun. The issue most of these studies fail to examine is
"who is afraid of whom?" Women report tremendous fear of violence—and
injury—by the intimate other. Men largely report they are unafraid of the
woman's use of violence, often finding it annoying or even amusing, unless the
woman uses a weapon. Women generally only use a weapon in an effort to make
him stop being violent.
3. Credibility of response. Recent studies that suggest women and men equally
engage in domestic violence fail to factor in the credibility of the survey
respondent. There are several issues to consider:
o First, those who work with batterers know that men who batter deny,
minimize, and blame their use of violence on others. Thus, if these men
are asked if they use violence in a relationship, there is a high probability
they will say they do not. By comparison, a female victim of abuse is
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o
o
o
likely to feel responsible for the abuse and thus say she does use violence,
even when in self-defense, in anticipation of violence, or in retaliation for
abuse against her.
Second, it is crucial to know just how a study defines "abuse" and what
questions the survey respondents were asked before accepting their
findings. National studies show that men do not define many forms of
violence as abuse. For example, if a couple in which domestic violence is
perpetrated by the man against the woman is asked whether they have ever
used violence, there is high probability the man will say he has not done
so, because he does not define his behavior (including shoving, kicking,
striking, hitting, punching, etc.) as abusive. Rather, he justifies his
behavior as being provoked, triggered, and/or in response to something
she did or did not do; and therefore, in his belief system, his behavior is
not abusive because she is responsible for his actions. The woman, by
contrast, will admit she has struck back or even initiated violence in
response to his violence.
Finally, if the study asks an open-ended question about abuse, rather than
asking whether the person has engaged in specific forms of abuse, women
are far more likely to include in their definition of abuse such behavior as
shoving, pushing, slapping, or restraining the other person in addition to
other more overt forms of violence. Men often do not include what they
perceive to be "minor" forms of abuse in their definitions.
The bottom line: Unless the survey asks questions about specific types of
behavior, there is no way to assess what the survey respondent meant
when she or he did or did not acknowledge the use of violence against his
or her intimate other.
Although domestic violence is perpetrated by both genders, it is crucial to note and
understand the above-described gender differences in the use of violence by men and
women. This chapter refers to victims of domestic violence generally as females—this is
not to exclude the genuine existence of male victims of domestic violence, but rather to
acknowledge the reality that the vast majority of domestic violence victims are women.
WHEN DOES DOMESTIC VIOLENCE OCCUR?
Domestic violence occurs as a pattern of abuse, not as a single isolated incident. When
dealing with victims of domestic abuse, it is important to ask whether the types of
behavior described above or described in the power and control wheel (see Appendix A)
are occurring or have occurred at any time in the past. Domestic violence can be
distinguished from one-time situational violence, which can and does occur in many
intimate relationships, such as the individual who shoves or slaps his spouse when
learning she is having an affair or filing for a divorce. While this means of conflict
resolution is not acceptable—and may result in an arrest and prosecution—it is not
domestic violence because it is not a pattern of abuse. The role of the victim advocate is
to ask questions to ascertain whether a pattern of physical, sexual, and/or emotional and
psychological abuse is or has occurred.
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WHERE DOES DOMESTIC VIOLENCE OCCUR?
Domestic violence occurs in intimate relationships. These relationships include current or
former spouses, partners, and significant others, including boyfriend/girlfriends, gays,
lesbians, transgendered persons, inter-sex persons, and bisexuals; family members, both
by blood or by familial ties, such as in-laws, step-family members and foster family
members; those who currently or formerly reside together, such as roommates and
household members; those who have or share a child in common, or created a child in
common; and those who provide services to a dependent person, such as attendants or
caregivers for an elderly person or for a physically, cognitively, or mentally disabled
person.
WHY DOES A PERSON ENGAGE IN DOMESTIC VIOLENCE?
A person engages in domestic violence because he or she wishes to gain and/or maintain
power and control over an intimate other, and believes he or she is entitled to do so.
Power and control wheels. The power and control wheel demonstrates the pattern of
coercive behavior in a domestic violence relationship (see a sample in Appendix A
following this chapter). At the heart of the wheel is power and control. This is the
motivation behind the abuse—the answer to the question: Why does a person engage in
domestic violence? The abuser has a need to ensure that he gains/maintains control of
how the partner thinks, feels, and behaves. The outside of the wheel contains the cement
of the abusive relationship: the threat of or actual use of physical and sexual violence.
Physical and sexual abuse is the behavior most people think of as "the problem." It is the
abuse most easily recognized or identified and often the only behavior that is illegal.
However, the abuser may not need to use physical forms of abuse against the victim to
maintain control because the victim attempts to do all she can to avoid the physical and
sexual attacks. A victim need only be threatened or harmed once to know the abuser is
willing and able to use physical and/or sexual abuse against her.
Inside the wheel are a variety of behaviors, known as tactics, which the abuser uses to
gain and maintain control. Not all of these tactics are used in every relationship, and the
tactics may be changed as the victim's response changes. The abuser will switch tactics
when the victim learns to respond to one type of tactic or attack. When the struggle to
challenge the abuser becomes too exhausting or too dangerous, the victim begins to
modify her behavior—slowly giving up control of pieces of her life in order to avoid
further abuse or to survive.
A victim advocate needs to be aware of three issues when dealing with a victim of
domestic violence. First, most victims report they experience far greater shame and
lasting effects as the result of psychological and emotional abuse than as the result of
physical abuse. Victims report they feel less able to explain "crazy-making behavior" to
others; they are more often disbelieved when they report forms of psychological and
emotional abuse; and they do not have any visible injury to substantiate their allegations.
Victims often report that the physical injuries heal and are forgotten—the psychological
and emotional injuries repeatedly haunt their minds.
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Second, while all abusive tactics are harmful to victims, the use of isolation may have the
most severe impact on victims of domestic abuse. Once the abuser has succeeded in
isolating the victim, she has no one with whom to check reality, making it more likely she
will believe the abuser's perceptions of reality, including the abuser’s claim that she is
responsible for the abuse. This means she has no one to whom she can describe the
psychological and emotional abuse, which leads her to feeling more desperate and alone.
Continued isolation also means she has fewer options and resources. This means women
in isolated communities, such as rural farms or suburban homes with large lawns, are
already physically isolated, possibly putting them at higher risk of injury and nonreporting.
A third issue to consider when dealing with victims of domestic violence is that the use of
power and control tactics varies according to the abuser and the victim. The original
Power and Control Wheel, developed by the Domestic Violence Intervention Project of
Duluth, Minnesota, reflects the experience of those first victims who sought services
from a domestic violence program or shelter: relatively young, able-bodied, white
women. Because it is now known that domestic violence is perpetrated against women in
all cultures, of all conditions, and all ages, additional power and control wheels have been
created to reflect the tactics reported as experienced by these victims. It is useful for
victim advocates to share with victims the power and control wheel(s) most appropriate
to their situation. For example, domestic violence against the elderly has often been
ignored, misunderstood, or misnamed as caregiver stress. A power and control wheel
depicting domestic violence in later life illustrates power and control tactics that may not
be used against a younger victim. At the other end of the life cycle, statistics indicate teen
violence is the most rapidly growing form of domestic violence in the country. Again, the
tactics used against a teen victim of domestic violence may be very different from those
used against an older victim.
Victim advocates need to recognize that domestic violence can and does occur against all
women, regardless of age, socioeconomic status, culture, race, etc. The sample Power and
Control Wheel in Appendix A illustrates some of the tactics used by batterers. The
Equality Wheel, also in Appendix A, depicts male/female interactions in a healthy
relationship.
The Dynamics of Domestic Violence
TYPICAL DEVELOPMENT OF A DOMESTIC VIOLENCE RELATIONSHIP
Most victims describe the beginning of their relationship as being wonderful and intense.
He pays a lot of attention to her; he wants to be with her all the time; he wants to be with
her when she is with her friends and family members; he takes an active interest in where
she goes, what she does, and how she spends her time; he suggests they spend most of
their time doing things they both enjoy doing, rather than doing things on their own, so
they can be together; he begins to make decisions for her, explaining he is happy to help
her out; he is extremely attentive in public places, huddling over her, monitoring who she
interacts with and letting other guys know she is with him. Simultaneously, he flatters
her, confides in her, and reveals that he really wants to make a life with her. Sometimes
he admits he does not know how to live without her. Then he begins to pout or express
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concerns about her interest in him if she does things independently of him. He may also
explain how glad he is that she is not like his former spouse/partner, who was really
difficult and even forced him to leave or doesn't let him see his kids. He explains his
former spouse/partner did not understand him and turned everyone against him.
For many victims, they mistake these behaviors as devotion to a relationship—rather than
recognizing these behaviors as red flags that indicate an abusive personality. These red
flags include his insistence on obtaining information about her whereabouts at all times.
Other red flags include the rapidness with which he establishes himself in her life,
including making decisions for her, stating his inability to live without her, and insisting
on a commitment to a relationship. His discussion about his former spouse/partner is a
red flag as he does not take responsibility for the problems he experienced with that
person. Big red flags include saying things like she had him arrested or she “slapped a
restraining order” on him. He is already displaying abuser characteristics: signs of
obsessive and controlling behavior. He is acting on his belief system which says he is to
be in charge and make the rules, and that he can expect her to follow him and attend to
his needs.
As the relationship continues, she is drawn to the positive side of his actions: his
attentiveness and his interest in her activities and the people in her life. She may enjoy
feeling doted upon and may be flattered by his initial bouts of jealousy. She makes a
commitment to him—usually under pressure from him very early in their relationship—
and is happy to be with someone who cares so much about her life. As time passes, she
becomes aware of feeling discomfort around some of his behavior, such as his reactions
when she discusses doing things with others, but dismisses these feelings due to her
desire to make the relationship work. Like any person in a new relationship, she figures it
will take time for them to develop a trusting relationship.
Domestic violence generally begins with forms of control through psychological and
emotional abuse. He begins to suggest she ought not to do certain things or ought to do
things a certain way if she loves him. He begins to subtly suggest she may wish to wear
or not wear certain items of clothing. He tells her she may wish to change her hairstyle to
look a certain way. He tells her he would prefer her to act or not act in certain ways, such
as how she talks, walks, or smiles. Generally these statements begin in a subtle manner
by suggesting the changes he would like her to make, but the implication is that her
appearance or behavior is not good enough. She also begins to experience his anger if she
does something he does not like. He begins to demand that she never do that again, or if
she does not make the suggested changes, he asks her if she does not love him or thinks
she is too good for him. He believes any action she takes that draws positive attention
from others, especially attention from other men, is a threat to him. Again, just as any
person in a new relationship is apt to do, she tends to attribute his reactions to their not
yet knowing each other very well. She believes she will earn his trust.
When confronted with the first incident of physical abuse, the victim will typically view
the response as an aberration—a behavior that is not typical of this person and will not
occur again. It is normal, then, for the victim to excuse or explain the behavior—to
"forgive" the behavior. This is a normal response for anyone in a new relationship
experiencing a new situation. The abuser's telling her that he is sorry and it will never
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happen again reinforces this response. She has no reason to think it will ever happen
again, so she will, understandably, accept his apologies and/or explanation. Further, she
is likely to question what caused this behavior and wonder what she did to prompt this
behavior, since he has never acted in this manner before.
If an unacceptable form of psychological or physical abuse occurs again, the victim will
respond as most persons do: she will likely ask why he is repeating such behavior. In an
abusive relationship, the abuser will quickly shift the focus from his behavior to her
behavior—stating that his actions are "provoked," "triggered," and/or "caused" by
something she did or did not do. This form of blaming can be quite subtle or very overt.
He makes it clear that she is responsible "for setting him off" and it won't happen again if
she just changes her behavior. She wants their relationship to return to the way things
used to be, so she is likely to accept his statements, thinking she can easily change
whatever behavior he now claims caused him to act as he did. This process, repeated over
and over again, begins to erode her sense of confidence and self-esteem. In addition, she
begins to internalize the blame.
Simultaneously, he is beginning the isolation process. He questions whom she spends
time with, suggests family and friends are interfering with their relationship, and either
asks or forbids her from seeing them again. Even if he does not prevent her from such
contacts, he makes it very difficult before and/or after she spends time with others by
engaging in such behavior as questioning exactly what they did, where they went, and
what they talked about. He acts in a suspicious manner and becomes uncomfortable if she
describes doing anything that suggests she had a good time without him. As this
continues, it is easier for her to simply quit seeing the people of whom he disapproves
rather than face the consequences. She tries to figure out what will set him off so she can
avoid those situations. It takes her a long time to realize nothing she does can please him
or stop his constant barrage of criticism. As she becomes more isolated, she has fewer
people with whom to check reality.
Additionally, she experiences a lot of emotional conflict. She is confused about what is
happening to her, but she also feels responsible, resulting in feelings of shame,
embarrassment, and humiliation. She does not want to believe she could be "one of those
women" so she works to justify why he behaved in an abusive fashion, further reinforcing
her sense of blame. She is grieving the loss of the person she has come to love and the
life they intended to create, so she keeps struggling to change her behavior so he has no
reason to become upset and act badly. She keeps trying to control him by changing her
behavior to conform to his ever-growing list of complaints. All the while, he is engaged
in the thinking pattern of denying he is doing anything unreasonable in making such
demands, blaming his actions on her and believing she is responsible for the conflicts
they experience. They become enmeshed in a pattern that stops only when she learns she
is not responsible for his behavior and when he is held accountable for his behavior.
Adding to the complexity of this pattern is his increasing use of threats and force. This
creates a new reaction—fear—which often keeps the woman trapped in the relationship.
If she confronts him, he escalates his use of threats and force. If she states her intention to
leave if he does not change his behavior, he engages in more severe forms of abuse,
telling her that he will kill her if she tries to leave the relationship. She may find it takes
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less energy to stay and appease him than to try to leave. She may also come to realize it is
safer to stay in the relationship than to leave.
OBSTACLES PREVENTING A VICTIM FROM LEAVING
The victim of abuse fears that when she tries to leave, she cannot make it on her own, for
a variety of reasons such as lack of finances, lack of resources (i.e., housing), inability to
care for the children without assistance, fear of what he will do when he finds the
children and her, his pleas and promises that he will change if she just gives him one
more chance, her desire to have a lasting marriage/relationship and father for her
children, and her all-too-human desire to be with someone who loves her. Interspersed
with his abusive behavior are his pronouncements of his love for her, his promise that he
will change, and his statements that only she can help him change.
The reality is that most people in non-abusive relationships do not immediately leave
even when they believe there is a problem with the relationship. Most people leave more
than once before they finally sever the relationship. Victims of domestic violence act just
like everyone else: they waiver; they return; and they give it another chance. Rather than
saying victims of domestic violence do not leave, it is more accurate to describe their
pattern as coming and going from the relationship. Most victims of domestic violence
repeatedly attempt to leave the relationship, but return when they cannot overcome the
obstacles of getting away from the abuser. They will make a final separation if they are
able to find a combination of resources to attend to the needs of their children and
themselves, and to do so safely.
The question is not: "Why does a victim stay?" But rather, "What are the obstacles that
prevent a victim from leaving?" A victim may face any/or all of these, or other obstacles:
Economic dependence on the abuser.
Fear for her safety and the safety of her children and/or other family members.
Isolation. She has no support system or others with whom to check reality.
Beliefs about family. She may believe that a family is not to air its dirty laundry and
that all families encounter hard times. These beliefs are often reinforced by
family, church members, and the legal system.
Beliefs about marriage. She may believe she must stay married forever, that it is
"God's will."
Belief that she is the only person who can stop the abuser which is reinforced by the
abuser who says that she is the only one who ever understood him.
Belief that he will find her no matter what she does to try to leave. This belief is based
in reality if the abuser has hurt the victim when she attempted to leave.
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Lack of options and resources. She does not have the money or the resources to
support herself and her children.
Fear of being seriously hurt or killed if she attempts to leave. This fear is reinforced
by the abuser who tells her that he will kill her if she ever tries to leave. Victims
know these are not idle threats as they have feared for their lives before.
Threats against others if the victim leaves. The abuser frequently threatens to hurt all
those whom the victim knows and loves—including children, family members,
friends, and co-workers.
Health concerns. A victim of family violence may experience her own health issues
in later life that make it difficult for her to leave, or she may feel that she must
stay to take care of the abusive partner because of his health issues.
Society's ageist responses to elder victims. When elder victims of domestic violence
report abuse, those to whom the abuse is reported often presume injuries are the
result of the victim's age, not the result of abuse. For example, people may blame
the bruises on the victim's frail condition rather than on abuse. People may
interpret the victim's silence around financial and other issues as senility and lack
of ability rather than fear to speak up in the presence of the abusive person.
LEAVING DOES NOT MEAN SAFETY
Those who work with victims of domestic violence may be tempted to put their emphasis
on pushing the victim to leave the relationship. This approach may, in fact, put her at
higher risk of danger. An appropriate response is to help her determine what her risks are
and help her to problem-solve how to minimize those risks. In some cases, staying within
the relationship may be the safest response.
Statistics indicate that women are at a greater risk of becoming victims of domestic
homicide when they attempt to leave the relationship. In fact, women who leave
their batterers are at a 75 percent greater risk of being killed by their batterer than
those who stay (Wilson and Daly 1993).
Victims who attempt to leave are often hunted down—stalked, harassed, threatened,
and pursued across county and state lines. Because abusers believe they are
entitled to control the behavior of their partners, they may continue this behavior
even after the petition for divorce is filed or granted. This is so common it is
known as "separation violence."
The rate of attack against women separated from their husbands is about three times
higher than that of divorced women and 25 times higher than that of married
women.
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HOW THE DYNAMICS OF DOMESTIC VIOLENCE AFFECT LEGAL CASES
Once victim service providers working within the legal system understand the dynamics
of domestic violence, they know to expect and prepare for these types of victim behavior:
Repeated filing and dropping of a case.
Changing her story once the seriousness of abuse is disclosed.
Minimizing the abuse once it is discovered.
Changing her mind about what is wanted in the settlement or a willingness to give up
important legal rights.
Denying anything ever happened or explaining away all the documented abuse.
Taking responsibility for the abuse by either saying she provoked or deserved it or by
explaining its occurrence by saying she fell down or ran into a wall.
It is crucial for members of the legal system to view these behaviors as the victim's effort
to be safe and stay alive.
The victim will do whatever it takes to feel safe. If it feels safe to start an action, she
will do so. If she assesses she is in more danger by continuing her involvement
with the criminal justice system, she will back away.
A victim is at great risk once she takes steps or indicates her intent to leave. The
abuser will likely increase the tactics used to control her. The victim will now
either receive a lot of positive or negative attention from the abuser, which may
result in her not wanting to continue with actions such as a protective order,
divorce, or prosecution.
Working with victims can be a frustrating experience. The victim service provider,
including the attorney, wants the best legal outcome. The victim's goal is to stay
alive or get out of the relationship safely. These goals may conflict.
Each person has a separate role in the system. The prosecutor's role is to hold the
batterer accountable for his behavior. The advocate's role is to help the victim
understand the system, to provide accurate and complete information about her
options and resources and to support the choices she makes. The victim's role is to
stay safe. All members of the system need to support her efforts to stay safe and
alive.
When a prosecutor is involved in a case with a reluctant witness (which is likely to be
most cases, because the dynamics of domestic abuse teach us that the victim will not
testify if she believes it will subject her or her children to further violence), the prosecutor
needs to educate the jury as to her behavior. If the prosecutor uses an expert witness, the
witness is being asked to describe the "battered woman's syndrome." The battered
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woman's syndrome explains her behavior via the cycle of violence and the theory of
learned helplessness. What follows is an examination of these concepts and their
drawbacks. Nationally, prosecutors report they are more successful in cases with
reluctant witnesses when they provide this explanation, rather than rely on an expert.
The Cycle of Violence. In 1979, Dr. Lenore Walker—in the landmark book The Battered
Woman—identified three distinct phases that comprise the "cycle of violence." Dr.
Walker determined that the phases vary in duration and intensity; as such, it is difficult to
predict how long a batterer and victim will remain in any one phase or in the length of
individual cycles.
Phase One is described as the tension building phase in which the abuser becomes more
and more prone to react to any stimulus negatively. The victim responds to the escalation
in tension by trying to nurture or appease him—or to stay out of his way. In this phase,
the abuser becomes fearful that the victim may leave him, which is reinforced as she
avoids him in the hope of not triggering the impending explosion. He becomes more
oppressive, jealous, threatening, and possessive. Victims often describe this phase as
"walking on eggshells."
Phase Two is the battering incident. Phase two is the shortest phase, usually lasting from
minutes to a few hours. When the acute attack is over, it is usually followed by initial
shock, denial, and disbelief that it really happened. Both the batterer and the victim find
ways of rationalizing the seriousness of such attacks. Many victims report reactions
similar to those of disaster victims. Victims of catastrophe usually suffer emotional
collapse twenty-four to forty-eight hours after the disaster. Symptoms include
listlessness, depression, and feelings of helplessness. Similarly, battered women often do
not experience the full emotional impact of an attack until twenty-four to forty-eight
hours after it has occurred.
Phase Three is described as the "honeymoon phase." Just as phase two is characterized
by brutality, phase three is characterized by the extremely kind, loving, and contrite
behavior of the abuser. He knows he has gone too far and tries to make it up to his victim.
It is a phase welcomed by both parties, but ironically it is the phase during which the
woman's victimization becomes complete. In this phase, the batterer constantly behaves
in a charming and loving manner. He is usually sorry for his actions in the previous
phase. He conveys his remorse to the victim, promises that he will never do it again, and
begs her forgiveness. He is like a child caught with his hand in the cookie jar. The
batterer truly believes that he will never again hurt the woman he loves, and that he will
be able to control himself from now on. He also believes that he has taught his partner
such a lesson that she will never again behave in a way that tempts him to physically
assault her. He is quite sincere and can easily convince anyone involved that his behavior
will change.
The batterer frequently begins an intense campaign to win forgiveness and to prevent his
victim from separating herself from him permanently. It is common for an abuser in
phase three to shower his victim with elaborate gifts and to attempt to "romance" her into
forgiveness. He may enlist the aid of significant others—family, friends, clergy, even
counselors—to persuade her that breaking up the relationship is a bad decision. Often
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everyone involved believes the rationalizations—that he is sorry and will change, that his
workload or his drinking is to blame, that the children need a father, that the abuser needs
the help of the victim—and somehow the victim begins to assume responsibility for his
behavior. She sees herself as the one who must stand by her man while he gets the help
he so desperately needs. In reality, it is very unlikely that the abuser will ever seriously
seek professional help to change his violent behavior as long as the victim stays with him.
Most often, the abuser will seek help only after his victim has left him and if he thinks
seeking counseling will convince her to return. The battered woman chooses to believe
that the behavior she sees during phase three is what her spouse/partner is really like. She
chooses to believe that the contrite behavior is more indicative of the real person than the
battering behavior.
Victims and advocates for domestic violence victims identify several drawbacks to the
use of the cycle of violence. First, not all victims experience these stages. Some abusers
simply batter without any indication they are about to do so—there is no tension-building
phase. Many victims report they never experience a honeymoon phase—he shows no
remorse or contrition in spite of the severity of abuse. Most victims report if they ever
experienced a honeymoon phase, it disappears over time. Victims report their experience
of violence is not a cycle: they may experience none of these phases or they may
experience the phases in random order.
A second problem with the use of the cycle of violence is the tendency of the legal
system to use it to try to "explain" why violence occurs. In fact, it does not answer the
key question the legal system needs to address: Why does the batterer engage in
violence? The power and control wheel is the current tool used to explain both the why
(to exert power and control) and the how (tactics used to exert power and control) of
domestic violence.
Another problem with the cycle of violence is its description of the third phase, in which
the abuser is said to show remorse in an attempt to prevent her from leaving. In reality,
since there have been concerted efforts to arrest abusers and hold them accountable
through the criminal justice system, many victims report abusers as likely to use negative
efforts to keep her in the relationship or to encourage her to drop the charges. For
example, after an arrest he may act in a loving, begging, contrite manner or he may
become more agitated and threatening, blaming her for the consequences of his behavior.
He is just as likely to threaten harm to her if she attempts to leave as he is to beg her to
stay. The honeymoon phase might more accurately be described as a coercion phase, the
coercion may be through the use of positive and/or negative tactics.
Finally, the cycle of violence fails to address the behavior patterns of the abuser and their
effect on the victim. Rather, it tends to be explained in terms of their pathology—his
sense of desperation and her response based on her low self-esteem. While there may be
some truth in this, the analysis also shifts the focus from the abuser's violence and makes
the issue a "couple's problem," rather than focusing on his choice to use violence and
other controlling behaviors to accomplish his goal of control.
In spite of its limitations, the cycle of violence is commonly referred to in the criminal
justice system because it is a component of what is known as the battered woman's
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syndrome. An attorney may use the battered woman's syndrome to explain why the
victim's behavior in the incident under scrutiny is reasonable in light of this woman's
circumstances. For example, a prosecutor might introduce the battered woman's
syndrome to explain why the victim recants, while a defense attorney might use it to
explain the victim's belief that she had to use the amount of force or violence she did that
resulted in her abuser's death.
The battered woman's syndrome requires the attorney to explain both the cycle of
violence and the theory of learned helplessness and show how they apply to the victim in
the legal case. The theory of learned helplessness can be even more troubling than the
cycle of violence for victims of domestic violence.
Advocacy for Victims of Domestic Violence
There are thousands of staff and volunteers in communities across the country who assist,
support, and serve victims of domestic violence. Often these professionals provide a
lifeline to women and children who desperately need assistance and direction but are
confused by the dynamics of their victimization, the thought of leaving a violent
environment, and, in some cases, entering into the criminal justice system.
The following are goals of advocacy for victims of domestic violence:
Empower women with the ability to make significant changes and solve problems.
Increase a victim's ability to make a successful transition from a battering
environment to independence.
Connect the victim—both in the short- and long-term—with community resources
that provide support, encouragement, and assistance.
Provide information and support throughout the criminal justice system and beyond.
Multiple responsibilities are associated with assisting victims of domestic violence:
Responding to crisis calls from victims through twenty-four-hour hotlines.
Accompanying or following law enforcement officials who respond to domestic
violence incidents.
Providing safety and shelter to battered women and their children.
Providing follow-up services to increase the number of victims who file charges or
seek protection through the civil or criminal courts.
Advising victims about their legal rights throughout the criminal justice system. (see
"Domestic Violence and the Criminal Justice System" later in this chapter).
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Advising victims about information and resources relevant to protection and security,
divorce, custody, and visitation.
Helping victims develop "safety plans."
Providing information and assistance to victims who leave battering environments,
including temporary and long-term housing, employment training (or re-training)
and placement, and child care.
Providing assistance in financial matters, including child support, restitution, victim
compensation, and financial planning.
Upon request, acting as liaison between the victim and the criminal justice system.
Providing peer counseling.
Providing support groups.
Providing information and referrals to community resource agencies, including public
assistance, child protective agencies, public and mental health agencies, social
services, and schools.
Providing training to law enforcement, criminal justice, social service, mental health,
and other allied professionals about the dynamics of domestic violence and the
specific rights and needs of domestic violence victims.
Working to establish or strengthen a coordinated community response to domestic
violence and its victims.
Generating greatly needed public awareness about domestic violence and its effects
on victims, witnesses, communities, and society in general.
Working to affect changes in laws, agency policies, protocols, and programs that
enhance rights and services for victims of domestic violence.
Tennessee Domestic Violence Agency Resources
For a list of domestic violence programs in the state of Tennessee, visit the Tennessee
Coalition Against Domestic & Sexual Violence website at www.tcadsv.org and go to
Tennessee Programs.
VICTIM VALIDATION
One of the most crucial skills a victim advocate must possess is the ability to validate the
victim's feelings, experiences, and fears. Many domestic violence victims do not view
themselves as victims, and fail to realize that domestic violence is a crime perpetrated
against many other women.
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Guidelines for validation of domestic violence victims include the following:

Learn and practice effective communication skills, including verbal and nonverbal
techniques.

When interviewing the battered woman, do not ask for verification of her story
from second parties.

Assess the complete history of violence, including the current battering incident
as well as the first and worst incidents.

When conducting this assessment, ask the woman directly to describe the violent
acts and how she felt when and after they occurred as well as how she feels now.
Do not avoid speaking directly about the violence. Provide encouragement and
support to the victim for sharing her feelings and experiences.

Empathize with the victim and validate her feelings, stressing the criminal nature
of the violence, and the fact that the victim is not to blame.

Universalize the crime of domestic violence, pointing out the scope and
prevalence of such crimes that cut across socioeconomic, racial, cultural, and
geographic lines.

Provide information and referrals for continued support and assistance, including
local, state, and national resources.

Develop a plan for follow-up contact, support, and assistance from you, your
agency, or allied community service or criminal justice agencies.

Affirm the fact that the victim is not alone and that there are people and programs
available to assist and support her.
VICTIM-CENTERED ADVOCACY
In her book, Safety Planning with Battered Women—Complex Lives/Difficult Choices, Jill
Davies encourages advocates to provide woman-centered advocacy, which for purposes
of this discussion will be hereinafter referred to as victim-centered advocacy. Victimcentered advocacy involves engaging in a risk analysis with the client based on her
perceptions. An advocate needs to find out what a client perceives as risks, and how the
advocate can most effectively use this information to advance the woman's plans and
priorities. The advocate and the woman may be working at cross-purposes, either
deliberately, because they have different goals, or inadvertently, because the advocate
does not know enough to ask about the client's concerns.
Victim-centered advocacy involves a three-step process: (1) help the client identify what
she perceives as batterer-generated risks and what the effect of staying or leaving may be
on those risks; (2) help the client identify life-generated risks and identify how the abuser
may manipulate these risks to further his control; and (3) assess the client's past and
current safety plans.
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The first step involves identification of batterer-generated risks. These include risk of
physical injury; risk of psychological harm (including concerns regarding her mental
health, drug and alcohol abuse, and suicidal ideation); child-related risks; financial risks;
risks to family and friends, including the possible loss of relationship with them; and
risks involving arrest and legal status. Gathering this information involves approaching
each woman as a unique individual whose concerns may vary from those of other
victims, listening effectively, and understanding that a woman's perspective will change
as the process unfolds.
The second step in identification of batterer-generated risks is to listen effectively. This
involves creating a safe place in which the woman can speak openly. Only then can an
assessment of risk factors be made. This approach is quite different from the approach
taken by an advocate who says "I only have twenty minutes to spend with the client so I
make sure I spend the time describing what services are available to her." This approach
to advocacy does not explore whether any of these services are relevant to the particular
woman. In addition, this approach does little or nothing to establish trust with the client.
Without a relationship of trust, the client is less likely to contact the advocate again.
Establishing trust begins by listening to her story and hearing her concerns and questions.
Battered women analyze the risks to themselves and their children on an ongoing basis.
What she fears as the biggest risk will likely change as his tactics change and as she
receives information that allows her to reassess her previous concerns. Unfortunately,
advocacy often stops at assessment of the physical risks, which is only one of her fears.
An advocate can also assist the client to identify life-generated risks. These include such
issues as: finances; home location; physical and mental health; discrimination based on
race, ethnicity, gender, sexual orientation, age, disability, class, or other form of bias; and
inadequate response from major social institutions including the legal and/or health
system and workplace. Beyond identification of the concerns, real or perceived, the client
expresses about such life-generated risks, the advocate also needs to assist the client in
discussing the methods by which the batterer may manipulate these risks to reinforce his
power and control.
Once the batterer-generated and life-generated risks are discovered, the advocate can
begin the process of giving the client complete and accurate information to dispel any
concerns or explain options to address the concern. The advocate can also begin the
process of allowing the woman to engage in decision making and safety planning. As
women weigh the risks and their options, the decision they face is more complex than
simply whether to stay or to leave. Even if the woman does stay in the relationship, it
does not mean she accepts the violence. It cannot be overemphasized that leaving the
relationship provides neither a guarantee of her safety nor a guarantee that other risks will
be reduced, despite social beliefs to that effect.
Studies show that women typically try many strategies to deal with the abuse.
Researchers find the process of change is slow for most battered women, with an average
of leaving five times before permanently leaving, and an average length of eight years to
leave permanently. As noted earlier, studies also show women who left suffered more
abuse than those who stayed.
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After identifying the risks, the goal is to help the victim to create a safety plan that
addresses the batterer-generated and life-generated risks. Such a plan includes protection
strategies, staying strategies, and leaving strategies.
DEVELOPING A SAFETY PLAN
If and when a victim is able to leave her battering environment, it is essential that she has
a "safety plan" to increase her opportunity for a successful departure. Advance planning
is crucial. Start by assessing the battered-generated and life-generated risks with her.
Based on this information, concerns and actions may need to include the following:

Does she have family and friends with whom she can stay?

Would she find a protective order helpful?

Can a victim advocate safely contact her at home? What should the advocate do if
the batterer answers the phone?

Does she know how to contact emergency assistance (i.e., 911)?

If she believes the violence might begin or escalate, can she leave for a few days?

Does she know how to contact a shelter? (If she doesn't, provide her with
information for future use.)

Does she have a neighbor she can contact or with whom she can work out a signal
for assistance when violence erupts or appears inevitable?

If she has a car, can she hide a set of keys?

Can she pack an extra set of clothes for herself and the children, and store them—
along with an extra set of house and car keys—with a neighbor or friend?

Can she leave extra cash, checkbook, or savings account book hidden or with a
friend for emergency access?

Can she collect and store originals or copies of important records such as birth
certificates, social security cards, driver’s license, financial records (such as
banking and other financial accounts, mortgage or rent receipts, the title to the car,
etc.), and medical records for herself and her children?

Does she have a concrete plan for where she should go and how she can get there
regardless of when she leaves?

Does she have a disability that requires assistance or a specialized safety plan?

Does she want access to counseling for her children or herself?

Are there any other concerns that need to be addressed?
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Domestic Violence and the Criminal Justice System
INITIAL CONTACT WITH THE LEGAL SYSTEM THROUGH 911
EMERGENCY CALLS
Domestic violence calls should receive priority from law enforcement agencies.
Dispatchers should be specially trained in how to handle such calls, including victim
sensitivity and nonjudgmental attitudes in cases of repeat calls. Information dispatchers
should obtain the information that is essential to police response:

Who is calling.

Address of complainant.

Telephone number (usually automatically provided by computer in 911 systems).

Location of caller if not at the scene of the crime.

Who is present (including children).

What is happening (is the victim and/or others in household safe?).

Whether weapons are present.

Whether there are any injuries to victim(s) and/or witnesses.

Status of the alleged assailant:
o
o
o
Location of assailant.
Prior history of abuse by assailant.
Any court orders or protective conditions in effect.

Status of the offender within the criminal justice system (when applicable).

Lethality assessment: Is the assailant threatening the use of violence, the use of
force, the use of weapons, or suicide or are other lethality indicators present (see
the lethality assessment checklist in "Prosecutor Role in Lethality Assessment"
later in this chapter).
Police dispatchers are encouraged to remain on the line to maintain contact with a victim
in crisis and to be able to relay important information to the responding law enforcement
officer(s). The 911 call is invaluable for later criminal justice intervention because it
contains information as to who was doing what to whom and the impact of the violence
on the victim and children.
POLICE RESPONSE/ARREST
Many law enforcement agencies have developed and implemented protocols and policies
for responding to domestic violence. As crisis responders, both victim sensitivity and
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caution are vital to the safety and security of all involved. In addition, responding officers
can provide a valuable service to victims of domestic violence by offering them
information and referrals to assistance and support from victim service providers.
A law enforcement protocol for responding to domestic violence should include the
following objectives:







Obtain as much information as possible from the dispatcher.
Approach the scene with caution, preferably with a partner.
When the alleged assailant is present, immediately separate him from the victim.
When the alleged assailant is not present, immediately attempt to ascertain his
location.
Secure the scene and check for weapons. Make mental notes about the condition
of the scene. Check for the presence of witnesses, especially children.
Immediately detect signs of injury to the victim(s) and seek emergency medical
treatment, as needed.
Interview victim and any witnesses separate from the assailant/offender:
o
o
o

Collect the following evidence:
o
o
o
o
o
o
o




Maintain sensitivity toward the victim(s).
Be accurate and thorough, because the police report will be the basis for
the case.
Determine history of violence.
Record "excited utterances" (excited statements made by victims or
witnesses at the critical stage immediately following the arrival of law
enforcement), which may be allowed into court as exceptions to the rule
against hearsay.
Record statements from victim(s), witness(es), and alleged assailant.
Observe demeanor of victim and alleged assailant.
Photograph victim and crime scene.
Take notes and draw sketches that describe the crime scene.
Obtain a copy of the emergency response or dispatcher audiotapes (911
call) and/or police videotape of scene.
Include medical and emergency room records.
Determine "probable cause" for arrest.
Determine violation of any court order, injunction, or specific conditions of
probation and parole.
Provide information about domestic violence to the victim. This information
includes statements such as: "You are not responsible for his violence." "You do
not deserve to be abused." "I am concerned for your safety." "Your children are
being affected by witnessing violence against you." "I just want you and your
children to be safe, and I want him to get help for his use of violence." "His
behavior will not stop without intervention."
Provide any information required by law outside the presence of the abuser. This
includes information about a no-contact waiver or how to bail the abuser out of
jail.
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

Provide an immediate referral to a shelter, domestic violence program, or victim
services.
Follow up with the victim after the initial contact to determine her current status
and to take additional photos.
Tennessee’s Domestic Violence Arrest Policy
Tennessee law outlines specifics regarding arrests in domestic violence cases.
Specifically, the Tennessee Code states, “If a law enforcement officer has probable
cause to believe that a person has committed a crime involving domestic abuse,
whether the crime is a misdemeanor or felony, or was committed with or without the
presence of the officer, the preferred response of the officer is arrest,” (T.C.A. 36-3619). The law goes on to state that the officer on the scene needs to determine the
primary aggressor in the domestic abuse situation. The law sets out specific
requirements the officer must consider in determining the primary aggressor:






The history of domestic abuse between the parties;
The relative severity of the injuries inflicted on each person;
Evidence from the persons involved in the domestic abuse;
The likelihood of future injury to each person;
Whether one of the persons acted in self-defense; and
Evidence from witnesses of the domestic abuse.
Only the primary aggressor can be arrested. If the officer determines that all parties
are equally responsible, the officer must exercise his or her best judgment in whether
to arrest all parties or none of the parties. In addition, the Tennessee code also states
that the officer will offer transportation to the victim to a place of safety, will advise
the victim of community services, and will give information regarding the victim’s
legal rights.
POLICE REPORT
Because domestic violence cases may have to be prosecuted without the assistance of the
victim, it is crucial the officer recognize his or her role as the chief witness for the case.
The officer will be the witness who provides both the eyes-at-the-scene report for the jury
and an impartial—and thus, credible—description of what occurred. This person is the
"make-it-or-break-it" witness. The officer's testimony, coupled with an explanation of
why the victim acts as she does, is generally all that is needed for successful prosecution.
The police report is the crux of the prosecution and must be thorough, accurate, and
nonjudgmental. The following items are needed in the police report for successful
prosecution with a reluctant witness:
1. Times (incident, arrival, statement).
2. What parties are present? If certain parties are not present, where are they?
Document your effort to locate missing party(ies) and how they responded if
located.
3. Record (describe) the emotional state of the victim and suspect. This information
is needed to establish the foundation for testimony.
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4. Determine injury to victim; injury to suspect. Self-defense? Strangulation? Attach
a body map with victim/suspect injury (e.g., marks, bruises, swelling, or statement
of the same).
5. Describe the scene, especially where the parties say the incident occurred. Does
the injury match the story? Is anything disturbed? Are there any signs of force?
6. Determine relationship of victim/suspect: Where did they live in the past few
years? Who are their relatives and friends?
7. State if children are present or not present and describe the involvement of
children.
8. Describe involvement of any witnesses and get information from them.
9. Take pictures of the victim and suspect. Take pictures of the condition of the
home and places of incident/injury. Repeat photos of injuries several times later.
10. Collect evidence. Telephone? Torn clothing? Weapons? Blood stains? Any items
used to defend or injure?
11. Determine if medical attention was sought. Obtain a copy of the medical release.
12. Note when any of the following are present: order or protection or conditions of
release; probation; alcohol or other drug for victim/suspect; suicide threats;
abused pets.
13. Include all statements/excited utterances from parties—make no
editorial/speculative remarks.
14. Note how the parties interact. For example: the suspect's treatment of the victim;
who answers questions; description of language and behavior directed at the
victim by the suspect; victim's eye contact or continual "checking in" with the
suspect.
15. Record witnesses' names, addresses, telephone numbers, workplaces, relationship,
and the same information for family and friends.
16. Note how the responding officer can reach the victim during the next twenty-four
hours: name, address, workplace, family contact name and telephone number, and
the telephone number of a person who knows how to reach the victim (obtain this
information out of the presence of the suspect).
17. Take notes for narrative: victim statement; suspect statement; witness and child's
statement; probable cause for arrested party; description of injuries to both
parties; possibility of self-defense; any history of abuse; presence of risk factors.
Determine if statements of incident match the physical evidence and injuries. If
not, how do they differ? Are there self-defense wounds such as bite marks,
scratches, marks on suspect's knuckles or hands?
18. Request to save the 911 tape and request a copy of the videotape, if either exists.
PRETRIAL RELEASE AND TRIAL STRATEGY: ADVOCATE AND
PROSECUTION ROLE
Many prosecutors have victim support programs within their agencies or rely upon
services available from community-based victim service organizations. Services for
victims of domestic violence may include the following:

Completing the intake process for a criminal case, which includes histories of the
victim and any children; case history; court orders (when applicable);
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victim/defendant description; information about the current incident and the
history of violence; defendant information; and referrals.

Assistance in securing protective measures.

Referral to appropriate victim and social service agencies.

Court preparation.

Court accompaniment.

Providing information about civil and criminal remedies.

Providing counseling and support groups.

Ongoing use of victim-centered advocacy.
The safety of the victim and any children must be paramount in any decisions made
concerning pretrial release. Victim service providers should provide the prosecutor with
the following information and advocate for these measures to help ensure victim security:
Information to convey to the prosecutor.

Wishes of the victim, including wishes for batterer to receive treatment including
alcohol or other drug treatment. Victim-centered advocacy should be used to
ascertain the victim's wishes.

Concrete steps that could be taken by members of the legal system to ensure
victim safety and to hold the abuser accountable.

Whether the victim is reluctant to testify.

Information as to the victim's beliefs regarding lethality assessment (see checklist
below).

Need for the abuser to know the decision to prosecute rests with the state—not
with the victim. This can reduce the likelihood that the abuser will pressure the
victim throughout the trial.
Safety measures to suggest to the prosecutor, dependent on the victim's situation:

Pretrial incarceration.

Higher bail/bond or denial of bail.

Victim notification of defendant's release.

No contact between the victim and the defendant as a condition of bond and/or
condition of release. Generally, no contact should be ordered in all cases to avoid
further abuse.
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
Protective or restraining orders and their enforcement.

Alternative safe housing for the victim and any children.
In some jurisdictions, post-charge diversion programs are used to suspend case
processing while the abuser undergoes batterers' treatment. Victim service providers must
be aware of these programs and be able to explain them to victims, including program
guidelines; treatment modalities; and whether or not the defendant will be prosecuted
upon "successful" completion of the program as well as what could happen if he does not
complete it.
PROSECUTION AND THE COURTS
When prosecuting domestic violence cases, all members of the criminal justice system
need to proceed with two goals in mind at all times: provide safety for the victim and
hold the abuser accountable for his behavior. The victim will make decisions about what
she believes best protects her and her children. Her decisions may appear to conflict with
the desires of one or more members of the criminal justice system. Victim advocates
should anticipate this tension and be prepared to explain why it exists. They should not
force or expect a victim to act against what she believes best provides for her safety; to
do so puts her at high risk of abuse/death.
Prosecutors play a key role in holding domestic violence offenders accountable and in
assisting victims and witnesses in such cases. In 1998, the National Council of Juvenile
and Family Court Judges published two recommendations for prosecutors relevant to
domestic violence:

Prosecutors should initiate, manage, and pursue prosecution in all family violence
cases where a criminal case can be proved, including proceeding without the
active involvement of the victim, if necessary.

Prosecutors should have specialized family violence personnel and written
procedures for prompt screening and charging in family violence cases.
These recommendations serve to place responsibility for prosecuting batterers on the
criminal justice system rather than on the victim; to provide specialized services for
victims and witnesses; and to expedite criminal justice processes in domestic violence
cases. They are a reminder of the separate roles of each member of the legal system.
Many prosecutors' offices today offer specialized units for domestic violence cases and
victims, with personnel trained in the dynamics of domestic violence, legal issues specific
to such cases, and victim sensitivity. Furthermore, vertical prosecution units include
prosecutors whose caseloads contain solely domestic violence cases.
Prosecutors are encouraged to adopt some version of a "no drop" policy in which cases
proceed whether or not the prosecutor is dealing with a reluctant victim. They should
avoid referring to the victim as being "non-cooperative”; she is cooperative: she is
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making choices to do what she believes best enhances her safety and the safety of her
children.
Prosecutors should expect to deal with victims who do not wish to testify for a variety of
factors, among them fear of retaliation. Cases can and are easily won with a reluctant
witness by preparing the case from the beginning as if it is a homicide case. This is done
as follows:

Use each step of the process to educate the jury. At voir dire, ask specific
questions about what prospective jurors know and believe about domestic
violence. Ask questions to find out if the jurors are capable of understanding that
a victim may be reluctant to testify.

Always prepare a case as if the victim will be reluctant to testify. Even those
victims who begin the process as a willing witness may become reluctant under
pressure from the abuser.

Provide training to all line officers so they know what information prosecutors
need from them in their police report to prosecute a domestic violence case with a
reluctant witness. Training programs should include an explanation about why
this information is necessary.

Provide training that emphasizes the need for excited utterances and their
admissibility in court as an exception to hearsay rules. Prosecutors need to train
police officers to be "partners" with the prosecution.

Begin a program of "cameras for cops." Every squad needs to be outfitted with
cameras so the officer can provide a key component to a successful prosecution:
pictures can document the severity of the abuse the victim is attempting to
minimize, explain away, or deny.

Use the police officer who responded to the call as the chief witness. This person
provides information regarding "excited utterances" from the crime scene (i.e.,
excited statements made by victims or witnesses at the critical stage immediately
following the arrival of law enforcement). The officer will also provide other
information (see "Police Report" earlier in this chapter).

Use testimony from family members or witnesses, including their statements of
past abuse.

Use 911 audio tapes.

Use sworn statements of victims.

Use testimony from victim advocates.

Use videotapes of victims from initial interviews.
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
Use expert witnesses unless the prosecutor chooses to explain the victim's
reluctance.

Subpoena the victim to appear at the trial. In most cases, the reluctant witness will
appear for the trial, but may minimize or explain away the incident(s). The victim
may even deny what occurred, although this is less likely to occur with the use of
a 911 tape. In a few cases, the victim does not show up at all for the trial. The
prosecutor who subpoenas the victim allows her to be clear about the role of the
state in prosecuting this case; and it clearly tells the abuser that the victim is
attending the trial because she has been ordered by the court to appear. Victims
report they are in less danger from the abuser when they show up at court because
of a court order (the subpoena).
In some cases, the victim does not show up even with the issuance of a subpoena. The
prosecutor needs to decide how crucial the victim's testimony is to determine whether the
prosecutor will send an officer out to bring the victim in for the trial. Generally, if the
prosecutor has prepared the case well and has the testimony of a police officer regarding
the incident, the case can go forward without the victim's presence. It is absolutely
contrary to the goals of the criminal justice system to prosecute a victim for failure to
respond to a subpoena. This action gives the victim the message that if she calls for help,
she will be punished. It also gives the abuser another tool for manipulation by reminding
the victim that the criminal justice system will not take her fears seriously if she calls for
help. This defeats the purpose of prosecution in these cases and further endangers the
victim's safety while contributing to the abuser's belief system that she is the problem.
PROSECUTOR ROLE IN LETHALITY ASSESSMENT
Throughout the trial, the prosecutor needs to do a lethality assessment to make choices
relevant to major decisions such as whether to subpoena the victim to appear; whether to
set no-contact conditions; and whether to provide enhanced safety measures. The
prosecutor also needs to present this information to the judge and the jury so they
understand the severity of the abuse and the likelihood of its continuation.
While all batterers are dangerous, some are more likely to kill than others are, and some
are more likely to kill at specific times. Assessment is difficult and never foolproof. The
following checklist (adapted from "Beyond the Duty to Warn," written by Barbara Hart)
provides a list of issues to be explored with the victim to assess lethality. The presence of
any of the following factors does not mean the batterer will kill; however, the greater
number of these indicators demonstrated by the batterer or the greater the intensity of the
indicators, the greater the likelihood of a life-threatening attack. When assessing lethality,
it is important to gather information about these indicators from the batterer and the
battered victim separately. Further, information obtained from the victim is significantly
more reliable than that from the batterer. Finally, lethality is to be assessed for the victim,
family members, and those who assist the victim.
1. Threats of homicide or suicide. The batterer who has threatened to kill himself,
his partner, the children and/or relatives must be considered extremely dangerous.
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2. Fantasies of homicide or suicide. The more the batterer has developed a fantasy
about who, how, when, and/or where to kill, the more dangerous the batterer may
be. A batterer who has previously acted out part of a homicide or suicide fantasy
may believe killing is a viable "solution" to his "problems." As with suicide
assessment, the more detailed the plan and the more available the method, the
greater the risk.
3. Weapons. When a batterer possesses weapons and has used them or threatened to
use them in the past, access to weapons increases the potential for lethal assault.
The use of guns is a strong indicator of homicide potential. If the batterer has a
history of arson, fire should be considered a lethal weapon.
4. Depression. If a batterer is acutely depressed and sees little hope for moving
beyond the depression, the batterer may be a candidate for suicide or homicide.
5. Alcohol or other drug consumption. Consumption of alcohol or other drugs when
in a state of despair or fury can escalate violence.
6. Obsessiveness about partner or family member, also exhibited as "ownership" of
the battered partner. A batterer who obsesses about his or her partner, indicating
an unwillingness or inability to live without the partner, likely believes he or she
is entitled to the partner no-matter-what. Statements such as "death before
divorce," or "you belong to me and no one else can ever have you," are an
indication that the batterer believes his or her partner has no right to a life separate
from the batterer. A batterer who believes in entitlement to his partner, including
the partner's services, loyalty, and obedience, is likely to be life threatening.
7. Centrality of the partner. A batterer who either idolizes or depends on his partner
to organize and sustain his life, or who isolates himself from the community, may
find the loss of his partner represents the loss of hope for the future. If the
batterer's partner tries to leave or end the relationship, the batterer may retaliate
against the partner, rationalizing that the partner's "betrayal" justifies a lethal
reaction. The prosecutor should become familiar with what, if any, support system
the batterer has created for himself aside from the victim.
8. Pet abuse. If a batterer assaults or mutilates pets, he is more likely to kill a
partner.
9. Rigid beliefs about partner roles. A batterer who has rigid beliefs about the roles
to be assumed by himself and his partner may be more likely to seriously harm or
kill the partner. For example, a batterer whose religious beliefs say the man is to
be in charge may feel sanctioned to engage in violence.
10. Repeated outreach to law enforcement. Partner homicide almost always occurs in
the context of a history of violence. If law enforcement is called repeatedly, this
pattern may indicate that the batterer is not internally motivated to change his or
her behavior. Prior calls to law enforcement likely indicate an elevated risk of
life-threatening conduct.
11. Separation violence. The most life-endangering rage usually occurs when the
batterer believes his partner intends to leave, and the batterer does not desire a life
alone.
12. Escalation of batterer personal risk. When a batterer begins to act without regard
to the legal or social consequences that previously constrained his or her violence,
chances of lethal assault increase. One example of this could be the closeted gay
or lesbian batterer who is now risking exposure by engaging in severe, life322
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threatening attacks. Risking the loss of invisibility may be an indication that the
batterer is very desperate.
13. Hostage-taking. A hostage-taker is at high risk of committing homicide. Between
75 to 90 percent of all hostage-takings in the United States are related to domestic
violence situations.
14. Access to the partner or the partner's family members. If the batterer cannot find
his partner, he cannot kill the partner. If the batterer does not have unsupervised
access to the children, the batterer cannot use the children as a means to have
contact with his partner. Careful safety planning and police assistance are required
when there is to be contact between the batterer and the victim for such things as
court appearances, custody/visitation exchanges, or family functions.
JUDICIAL RESPONSE TO POLICY REGARDING DOMESTIC VIOLENCE
CASES: DOCKETING
More and more courts today are giving priority to domestic violence cases. In some
jurisdictions, all domestic violence cases are heard on the same day, with the same judge,
prosecutor, and victim advocate present throughout all proceedings. This use of vertical
prosecution units expedites handling of domestic violence cases. To reduce the potential
for further violence, domestic violence cases should be given priority on court dockets.
The judge has the greatest, if not total, influence over the docketing calendar.
JUDICIAL RESPONSE DURING TRIAL
The judge has an enormous opportunity to contribute to victim safety and hold the
batterer accountable by making appropriate decisions regarding whether to allow pretrial
release, and if so, what conditions to place on the abuser. During the course of the trial,
the judge sets the tone for questioning in the courtroom. At the time of sentencing, the
judge has an excellent opportunity to provide victim safety and to hold the abuser
accountable through the use of sentencing options.
These options begin with the judge requesting the following information from the
prosecutor:

Has the prosecutor consulted with the victim to determine her wishes?

Has the prosecutor ascertained information from the victim outside the presence
of the abuser? If not, how does the prosecutor know whether the wishes are
coerced by the abuser?

Has the prosecutor explained to and explored the dynamics of abuse with the
victim?

Has the prosecutor conducted a lethality assessment with the victim? If so, the
judge can request the results of this assessment. If not, the judge can delay a
decision and the proceedings until such an assessment is conducted.
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
What is the defendant's prior record? The judge is then able to determine what
conditions are appropriate, including no contact based on an alcohol or other drug
assessment, and lethality assessment.
JUDICIAL RESPONSE AT THE TIME OF SENTENCING: MONITORING
OFFENDERS
In Spousal/Partner Assault: A Protocol for the Sentencing and Supervision of Offenders
(1994), former Chief Probation Officer Andrew Klein of Quincy, Massachusetts, offers
four key components of strict supervision conditions:

Punishment.
o
o
o
o
o
o
o

Rehabilitation.
o
o
o
o

Mandatory treatment that is "batterer-specific" provided by professionals
who are specialists.
Model regulations for abuser treatment that bar any approach that "blames
or intimidates the victim or places the victim in a position of danger that is
not appropriate."
No couples counseling (keep victim separated from abuser).
Mandatory alcohol and other drug treatment, with a mandate of
abstinence.
Retribution/restoration.
o
o
o
o

Punitive conditions.
Financial assessments.
Apology to victim.
Community service.
Non-jail loss-of-liberty confinement (in cases not involving incarceration).
Electronic monitoring.
Intensive supervision.
Restitution (including direct and indirect for replacement costs of
damaged property, medical and counseling bills, and attorney costs).
Ongoing child support.
Mortgage or rent payments.
All payments should be made through the court or correctional institution.
Protection. The offender should:
o
o
o
o
o
Obey all outstanding civil protective or restraining orders.
Forfeit weapons, particularly guns and rifles.
Submit to warrantless searches of person or home.
Be supervised at maximum intensity.
Satisfy special protective obligations when children are involved such as
custody, visitation, etc.
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Batterers Intervention Programs. Generally, there are six basic principles upon which
successful intervention and treatment programs for batterers are based:

The batterer is responsible for his behavior. The victim cannot cause the violence
or eliminate it.

Provocation does not provide justification for violence.

Violence is a behavior of choice—a dysfunctional, destructive choice with
negative consequences.

Nonviolent alternatives to violence exist as functional, appropriate choices.

Violence is a learned behavior. Just as the perpetrator learns to be violent, so he
can learn to be nonviolent.

Violence affects all family members. Although this impact may be less obvious,
children learn that violence is an acceptable method of problem solving.
Seven common mainstream procedures for batterers intervention programs were
identified by the National Institute of Justice:
1. Intake. First contact with batterer referred by the criminal justice system.
2. Assessment. Client agrees with terms of the program and is assessed for
dangerousness, extent of abuse, substance abuse, mental illness, illiteracy, or
other obstacles to treatment.
3. Victim contact. Victims may be notified about the batterer's status in the program,
of any imminent danger, and victim services.
4. Orientation. An initial phase of group intervention that may be more didactic than
later meetings.
5. Group treatment. A setting for a specific educational curriculum or less structured
discussions about relationships, anger-management skills, or group
psychotherapy.
6. Leaving the program. Batterers may complete the program, be terminated for
noncompliance, or be asked to repeat the program.
7. Follow-up. May consist of informal self-help groups of program graduates or less
frequent group treatments (Healey, Smith, and O'Sullivan 1998).
There are a number of significant barriers to effective batterer’s treatment programs, most
notably the overall lack of enough programs to meet the needs of convicted domestic
violence perpetrators in the United States. Other factors that adversely affect the success
of batterer treatment are as follows:
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
Offenders who are ordered or mandated by a court to attend a treatment program
and may be resistant to change and therefore unwilling to participate.

Many batterers programs are short in duration (ten to twelve weeks), and may be
inadequate to change a behavior learned and acted out over a lifetime.

Many convicted perpetrators drop out of court-ordered treatment programs prior
to completion and sometimes without appropriate sanctions from the court.

Since most batterer’s treatment programs require the offenders to pay for the
service, it is considered by some batterers to be cost-prohibitive.

If a batterer, who is also alcohol/drug dependent, receives treatment only for the
violent behavior, then the correlating factor of substance abuse is not addressed.
DISPOSITIONS
Victims of domestic violence should have specific rights relevant to disposition, which
include the following:

Consultation with the prosecutor prior to any plea agreement.

Notification of the disposition.

Opportunity to provide a victim impact statement to the court, and to have any
children also submit impact statements in measures that are commensurate with
their age and cognitive development.

Input into specific conditions of community supervision (in cases resulting in
probation).

Opportunity to request specific measures of relief.

Securing a permanent restraining order that does not have to be reissued on a
monthly or quarterly basis.

Information and assistance regarding civil remedies.

Information regarding restitution orders and other financial or legal obligations
and enforcement.

Notification of a convicted offender's release from incarceration (when
applicable) or violation of any terms of community supervision.
ORDERS OF PROTECTION
Orders of protection are court orders that forbid the abuser from doing certain things to
victims, having contact with victims, and/or compelling abusers to comply with certain
requirements.
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While orders of protection can be issued at any time, it is helpful for victims to seek them
as soon as possible after a domestic violence incident has occurred.
Each jurisdiction has different policies and procedures for issuing and monitoring orders
of protection. To best assist victims, service providers should be aware of the following
considerations to maximize community response to domestic violence:

A definition of "domestic violence victim" that precedes the issuance of a
protection order.

The entity which issues orders of protection—family court, municipal court,
police department, or a combination depending on the circumstances.

Domestic violence complaints filed in conjunction with requests for protection are
considered to be sworn testimony from the victim that can be utilized in court.

Whether the victim can receive a copy of either the complaint or the order of
protection.

Whether the victim is entitled to "ex parte" proceedings (only one party, e.g., in
this case, the victim, is present before the court, with the defendant not present).

The difference between ex parte orders of protection and final orders of protection
in a jurisdiction.

What evidence victims should bring (photographs documenting injuries,
documentation of medical records, and/or expenses, etc.).

What happens at the hearing (victim testimony, defendant testimony, presentation
of evidence, request for relief by the victim, etc.).

The types of relief available, including—
o No contact from defendant.
o Prohibition of future acts of violence, intimidation, or harassment by the
defendant.
o The defendant physically leaving the home and paying child support,
restitution, and/or rent or mortgage payments.
o Carrying insurance for the victim and any children to cover all medical
expenses.
o Paying a fine to the state victim compensation fund.
o No possession of a weapon.
o Counseling.
o Refraining from using alcohol or other drugs.
o Visitation conditions (when applicable).

That consent orders (whereby both parties agree that domestic violence has
occurred and agree to abide by all terms of a restraining order) are strictly
voluntary on the part of the victim, and cannot be coerced.
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
That victims should receive information about what to do if any order of
protection is violated.

That advocates should be familiar with and able to explain the full faith and credit
law (see "The Federal Domestic Violence Laws and the Enforcement of Those
Laws" later in this chapter).
Tennessee Orders of Protection
Tennessee Code Annotated specifically outlines Order of Protection criteria under the
following statute (§ 36-3-601 through § 36-3-622). Victims of domestic assault, sexual
assault, and stalking are eligible to file for an order of protection under this statute. The
order of protection scope can include prohibition of direct contact, threats, telephone
contact, other indirect communication, and stalking. In addition, provisions can be made
in the order of protection to include temporary custody, financial support, household
residence, or mandating the respondent to attend counseling.
In 2006, the state of Tennessee made legislative changes that affect orders of protection.
Specifically, the changes reflect the following:


T.C.A. § 36-3-602 (b) has been amended to reflect that a petition on behalf of an
unemancipated minor can be signed by a caseworker at a state-funded not-forprofit family violence or child abuse prevention program or shelter.
T.C.A. § 36-3-605 was modified to provide that if a court finds that a respondent
has violated an order of protection, the order may be extended for five years. For
subsequent violations, the order may be extended for ten years.
The Effects of Domestic Violence on Children
It is significant that seven out of ten persons who enter domestic violence shelters are
children. In 1998, the Centers for Disease Control published a study that indicated
violence against mothers by their intimate partners may also pose a concurrent risk of
abuse to the victim's children. Conversely, mothers of abused children are at a higher risk
of being abused than mothers of non-abused children. Concurrence of child abuse is
defined as the proportion of families in the population or research sample in which
women and their children are victims of abuse by an intimate. In the mother's case, the
intimate is her partner; the child may be abused by either the mother's intimate or by the
battered mother. A continuing controversy regarding the prevalence of this type of abuse
exists, but most authorities describe the concurrence rate as approximately 50 percent
(McKibben, DeVos and Newberger 1998; Ross 1996).
Children are often incorporated into patterns of abuse. Batterers may also do the
following:

Physically or sexually abuse their children.

Neglect children emotionally or financially.
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
Threaten to harm the children.

Use the children as "pawns" in episodes involving partner neglect or abuse.

Attempt to get children to "take sides" in partner disputes.

Degrade and humiliate their partners in front of the children.

Threaten to or actually cut off financial support for children in the event that the
partner leaves the battering environment.
The effects on children who witness family violence or who, in some cases, are
themselves victims, were summarized in Family Violence: An Overview published by the
National Center on Child Abuse and Neglect (NCCAN, n.d.). The ramifications of family
violence have almost no boundaries. In addition to the obvious physical injuries and
deaths that result, family violence is often cited in research and clinical case studies as
contributing to numerous other individual, family, and societal problems:


According to Pagelow (1984, 81), "Victims of all types of family violence share a
common experience of denigration of self that results in diminished self-esteem.
The shame and feelings of worthlessness so often expressed by battered women
are shared by maltreated children, as well as maltreated elderly parents."
In their review of research on the effects of family violence on children, Crites
and Coker (Spring 1988) report:
o




Children learn from an important role model (the parent) that violence
toward a loved one is acceptable.
o Children exhibit fear, emotional symptoms such as psychosomatic
complaints (physical complaints created by psychological stress), school
phobias, enuresis (bed wetting), and insomnia. Young children may try to
stop the violence, thus putting themselves at risk for unintended harm or
may respond with immobilized shocked staring, running away and hiding,
or bedwetting and nightmares.
o After age five or six, children show strong indications of identifying with
the aggressor and losing respect for the victim.
Many children suffer low self-esteem, sadness, depression, stress disorders, poor
impulse control, and feelings of powerlessness, and they are at high risk for
alcohol and drug use, sexual acting out, running away, isolation, loneliness, fear,
and suicide (Jaffe, Wolfe, and Wilson 1990, 28-29).
Sons become aggressive, "act out, become disobedient and behave defiantly and
destructively," whereas daughters become "withdrawn, clingy, dependent" (Ibid.,
35).
Some adolescent boys assault their mothers and siblings. Older children,
especially girls, take on the burden of protecting their younger siblings during the
father's beatings. They feel constrained from leaving home (Ibid., 30-31).
Abusers who are extremely domineering and controlling frequently keep or
destroy documentation (such as birth certificates and immunization records) as
part of their control of the family, thus preventing or seriously delaying the family
from receiving welfare benefits or housing assistance (Ibid., 28-29).
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

When a victim of domestic violence leaves the relationship, many times she is
isolated and scared, and has no place to go. The abuser has made sure she has no
outside support system. Additionally, she may not have access to any funds to pay
for food or shelter for her and her children. Lack of funds and long waiting lists
on affordable housing may require a victim to choose between staying in the
relationship or living on the streets. A number of studies have concluded that
domestic violence contributes to homelessness, particularly among families with
children.
Recently 44 percent of cities surveyed by the U.S. Conference of Mayors
responded that domestic violence is the primary cause of homelessness (Waxman
and Trupin 1997). Similarly, children who are desperate to leave violent home
environments run away from home, living on the streets or seeking temporary
shelter relief.
Tennessee Child Abuse Reporting Law
A recent change in child abuse reporting laws in Tennessee effective in 2005 requires that
all reports be made directly by the individual that suspected the abuse or neglect, not a
program designee. This will affect all hospital, clinic, school, and children’s
organizations whose policies may have reflected a specific agency designee to report
child abuse or neglect. Individuals that fail to make a direct report will be subject to
Class A misdemeanor charges (T.C.A. 37-1-403).
Developing a Coordinated Response to Domestic Violence
Victim advocates, criminal justice professionals, social service providers, and allied
professionals cannot operate in a vacuum when it comes to providing quality services to
victims of domestic violence. There are many professionals who have responsibilities to
domestic violence victims. In a lecture to the American Probation and Parole
Association's Annual Institute in Phoenix, Arizona, in 1994, national domestic violence
researcher and advocate Sarah Buel identified the following key components of a model
domestic violence response by the community:

Develop and implement a coordinated response with strong advocates from
criminal justice, victim services, children's services, and allied professions.

Establish a Family Violence Coordinating Council with monthly meetings to set
an agenda and action plans for the community and to determine and clarify roles
and responsibilities of individuals and entities.

Do not allow mediation between domestic violence victims and perpetrators
because it creates a "power versus powerless" structure and poses danger for the
victim. All interviews of victims and offenders should be conducted separately.

Do not allow joint custody under any circumstances.

Do not allow mutual restraining orders unless there are separate petitions with
separate supporting findings. Use a checklist for probable cause; determine the
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history of abuse (through both criminal and civil proceedings); utilize evidence
such as 911 tapes; and determine if the victim has a prior history of abuse.

Do not allow couple's counseling.

Implement child visitation centers (such as those in Arizona) that provide
supervision, with drop off/pick up times staggered to avoid any contact between
the victim and perpetrator.

Implement parenting classes in every junior high school.

Implement a massive community education program, designed to be proactive
and to offer information and resources before women and children are victimized.

Implement court appointed special advocates (CASAs) and guardian ad litem
(GAL) programs to provide advocacy, support, and representation to children in
domestic violence cases.

Offer twenty-four-hour response to victims, as well as twenty-four-hour access to
services.

Implement mechanisms to enforce child support and hold fathers financially
accountable.

Conduct mandatory and frequent training of all professionals whose work
involves domestic violence prevention, advocacy, and/or intervention, including
orientation training, continuing education, and multicultural awareness.

Allow for permanent or indefinite restraining orders and orders of protection,
eliminating the need for regular renewals.

Implement frequent briefings on cases and issues affecting victims and the
community.

"Fast track" domestic violence cases through priority docketing, specialized
domestic violence courts, and vertical prosecution.
Many communities, counties, and states have formed Domestic Violence Coordinating
Councils to address prevention, early interventions, victim assistance, and coordinated
responses from the criminal justice system and community in responding to domestic
violence. Such Councils serve a variety of purposes:

Determining how individuals and agencies in the public and private sectors
respond to domestic violence and providing an ongoing forum to coordinate
existing efforts and to plan for new initiatives.

Improving the coordination of justice agencies (including law enforcement,
prosecutors, courts, probation, prisons, and parole) in domestic violence
prevention and response as well as services for both victims and offenders.
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
Reviewing policies, protocols, and procedures relevant to domestic violence
within justice agencies and making recommendations for improvement and for
interagency policies that promote better coordination of services.

Collaboratively seeking support (including financial and human resources) from
the community for domestic violence prevention and victim assistance services.

Developing and promoting public education and community awareness
campaigns about domestic violence, which include publicizing available services
and community-based resources for information and referral.

Coordinating public awareness activities during relevant commemorative
observances such as National Domestic Violence Awareness Month in October
and National Child Abuse Prevention Month in April.

Reviewing state and jurisdictional laws relevant to domestic violence prevention
and response and making recommendations that contribute to a legislative agenda
on domestic violence.

Developing short- and long-range strategic plans for preventing and responding to
domestic violence.
In Tennessee, the Tennessee Coalition Against Domestic & Sexual Violence staffs the
Domestic Violence State Coordinating Council (DVSCC) and its committees. The
Council was developed in July 1995 to develop model programs and training curriculum
for law enforcement and Batterer’s Intervention programs. The goal of the DVSCC is to
improve the criminal justice response through leadership and education (TCADSV,
2005).
See Appendix B for a comprehensive community checklist (1996) detailing important
steps to end violence against women, developed by the National Advisory Council on
Violence Against Women, established in 1995 by Attorney General Janet Reno and
Secretary of Health and Human Services Donna E. Shalala.
The Federal Domestic Violence Laws and the Enforcement of Those Laws
(The following section is excerpted from an article written by Margaret S. Groban,
Violence Against Women Act Specialist, Executive Office for U.S. Attorneys, U.S.
Department of Justice, April 1999.)
In 1994, the Congress of the United States, as part of the Crime Bill, enacted legislation
empowering the federal government to participate in the fight against domestic violence.
The Violence Against Women Act (VAWA) recognized that "violence against women is
a crime with far-reaching, harmful consequences for families, children and society." To
combat this violent crime problem, VAWA provided that federal domestic violence
crimes be prosecuted by the Department of Justice. Consistent with this federal initiative,
the Crime Bill also amended the Gun Control Act to include domestic violence related
crimes.
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This section provides a concise summary of the federal statutes in both VAWA and the
Gun Control Act that allow prosecution of domestic violence offenders in the federal
courts and provides a summary of selected prosecutions under each statute and a
checklist of offenses.
THE VIOLENCE AGAINST WOMEN ACT
Interstate Travel to Commit Domestic Violence. 18 U.S.C. §2261
18 U.S.C. §2261(a)(1).
It is a federal crime for a person to travel interstate (or leave or enter Indian country) with
the intent to injure, harass, or intimidate that person's intimate partner when in the course
of or as a result of such travel the defendant intentionally commits a violent crime and
thereby causes bodily injury. The law requires specific intent to commit domestic
violence at the time of interstate travel. The term "intimate partner" includes a spouse, a
former spouse, a past or present cohabitant (as long as the parties cohabitated as if they
were spouses), and parents of a child in common. The intimate partner definition does not
include a girlfriend or boyfriend with whom the defendant has not resided unless
protected by state law. There must be bodily injury for prosecution under this statute.
18 U.S.C. §2261(a)(2).
It is a federal crime to cause an intimate partner to cross state lines (or leave or enter
Indian country) by force, coercion, duress, or fraud during which or as a result of which,
there is bodily harm to the victim. This subsection does not require a showing of specific
intent to cause the spouse or intimate partner to travel interstate. It does, however, require
proof that the interstate travel resulted from force, coercion, duress, or fraud. As in
subsection 2261(a)(1), the defendant must intentionally commit a crime of violence
during the course of or as a result of the travel and there must be bodily injury to the
spouse or intimate partner.
Interstate Stalking. 18 U.S.C. §2261A. As of September 23, 1996, it is a federal crime to
cross a state line with the intent to injure or harass another person, if in the course of or as
a result of such travel, the defendant places such person in reasonable fear of the death of,
or serious bodily injury to, that person or a member of that person's immediate family.
The law requires specific intent to violate this subsection at the time of interstate travel.
"Immediate family" includes a spouse, parent, sibling, child or any other person living in
the same household and related by blood or marriage. It is also a federal crime to "stalk,"
as it is defined in Section 2261A, within the special or maritime jurisdiction of the United
States.
Interstate Travel to Violate an Order of Protection. 18 U.S.C. §2262.
18 U.S.C. §2262(a)(1).
This law prohibits interstate travel (or travel into and out of Indian country) with intent to
violate a valid protection order that forbids credible threats of violence, repeated
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harassment, or bodily injury. To establish a violation of this statute, the Government must
demonstrate that a person had the specific intent to violate the protection order at the time
of interstate travel and that a violation actually occurred. This statute does not require an
intimate partner relationship—although this relationship may be required by the state or
other governmental body issuing the order—nor does it require bodily injury.
18 U.S.C. §2262(b)(1).
It is a federal crime to cause a spouse or intimate partner to cross state lines (or leave or
enter Indian country) by force, coercion, duress, or fraud during which or as a result of
which, there is bodily harm to the victim in violation of a valid order of protection. This
subsection does not require a showing of specific intent to cause the spouse or intimate
partner to travel interstate. It does, however, require proof that the interstate travel
resulted from force, coercion, duress, or fraud. The Government must also prove that a
person intentionally injured an intimate partner in violation of a protection order during
the course of or as a result of the forced or coercive travel. This subsection, unlike
corollary Section 2262(a)(1), requires an intimate relationship between the parties.
The U.S. Department of Justice recognizes that under both §§ 2262(a)(1) and (a)(2), law
enforcement may be unable to verify the validity of a protection order at the time of
arrest. The national data center from which law enforcement and prosecutors now can
verify instantaneously protection orders will be of enormous benefit to federal authorities
in the prosecution of criminal cases under Section 2262. However, because participation
in the protection order registry is voluntary and not all states are participating, it will be
necessary to consult with the United States Attorney in the appropriate district for
guidance in these cases.
To assist in prosecution under Section 2262, it is necessary to examine the protection
order currently used in one's jurisdiction.
Penalties. Penalties for violations of Sections 2261, 2261A and 2262 hinge on the extent
of the bodily injury to the victim. Terms of imprisonment range from five years for
bodily injury to life if the crime of violence results in the victim's death.
FIREARM OFFENSES
Possession of Firearm While Subject to Order of Protection. 18 U.S.C. §922(g)(8). It is
illegal for a person to possess a firearm while subject to a court order restraining such
person from harassing, stalking, or threatening an intimate partner or the child of an
intimate partner. The protection order must have been issued following an evidentiary
hearing as to which the defendant had notice and an opportunity to appear. The protection
order must also include a specific finding that the defendant represents a credible threat to
the physical safety of the victim or must include an explicit prohibition against the use of
force that would reasonably be expected to cause injury.
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Transfer of Firearm to Person Subject to Order of Protection. 18 U.S.C. §922(d)(8). It
is also illegal to transfer a firearm to a person subject to a court order that restrains such
person from harassing, stalking, or threatening an intimate partner or the child of an
intimate partner. A violation of Section 922(d)(8) must be knowing. Proof concerning
knowledge on the part of the supplier may be difficult to establish without a fully
operational central registry for protection orders.
Official Use Exemption. 18 U.S.C. §925. The restrictions of Sections 922(d)(8) and
(g)(8) do not apply to firearms issued by governmental agencies to a law enforcement
officer or military personnel so long as the officer or military personnel is on duty.
Personal firearms do not fall within this exemption nor may these personnel possess
officially issued firearms when off duty.
Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence.
18 U.S.C. §922(g)(9). As of September 30, 1996, it is illegal to possess a firearm after
conviction of a misdemeanor crime of domestic violence. This prohibition applies to
persons convicted of such misdemeanors at any time, even if the conviction occurred
prior to the new law's effective date.
Transfer of Firearm to Person Convicted of a Misdemeanor Crime of Domestic
Violence. 18 U.S.C. §922(d)(9). It is also illegal to transfer a firearm to a person
convicted of a misdemeanor crime of domestic violence. A violation of Section 922(d)(9)
must be knowing.
Official Use Exemption. 18 U.S.C. §925. The official use exemption does not apply to
Sections 922(d)(9) and 922(g)(9). This means that law enforcement officers or military
personnel who have been convicted of a qualifying domestic violence misdemeanor will
not be able to possess or receive firearms for any purpose, including the performance of
official duties.
Penalties. The maximum term of imprisonment for a violation of Sections 922(d)(8),
922(g)(8), 922(d)(9), or 922(g)(9), is ten years.
OTHER RELEVANT STATUTES
Full Faith and Credit to Orders of Protection. 18 U.S.C. §2265. This civil law provides
that a civil or criminal domestic protection order issued by a court in one state or Indian
tribe shall be accorded full faith and credit by the court of another state or tribe, and is to
be enforced as if it were the order of the court of the second state or tribe. This law
applies to permanent, temporary, and ex parte protection orders that comply with the
statute's requirements. To comply, the protection order must have provided the defendant
with reasonable notice and an opportunity to be heard, in a manner consistent with due
process. This law does not apply to mutual protection orders if (a) the original respondent
did not file a cross or counter petition seeking a protective order or (b) if such a cross or
counter petition was filed, but the court did not make specific findings that each party
was entitled to such an order.
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Amendment of the Brady Statement. 18 U.S.C. §922(s). The Brady statement
requirements were amended as of September 30, 1996, to include a statement that the
recipient of the firearm has not been convicted in any court of a misdemeanor crime of
domestic violence. The Brady statement still does not require that the firearm recipient
state whether he or she is currently subject to a valid protection order. The recipient will
be compelled to fill out, at the time of receipt of the firearm(s), an ATF form requiring
certification that he or she is not subject to a valid protection order.
Right of Victim to Speak at Bail Hearing. 18 U.S.C. §2263. The victim of a VAWA
crime has the right to be heard at a bail hearing with regard to the danger posed by the
defendant. In addition, depending upon the circumstances of the case, the United States
Attorney's Office may move for pre-trial detention of the defendant.
Other Victims' Rights. 42 U.S.C. §10606(b). All federal crime victims, including a
domestic violence victim, have the right to:

Be treated with fairness and with respect for the victim's dignity and privacy.

Be reasonably protected from the accused offender.

Be notified of court proceedings.

Be present at all public court proceedings related to the offense, unless the court
determines that testimony by the victim would be materially affected if the victim
heard other testimony at trial.

Confer with the attorney for the Government in the case.

Restitution.

Information about the conviction, sentencing, imprisonment, and release of the
offender.
Restitution. 18 U.S.C. §2264. In a VAWA case, the Court must order restitution after
conviction to reimburse the victim for the full amount of losses.
Self-Petitioning for Battered Immigrant Women and Children. 8 U.S.C. §1154. VAWA
specifically provides that battered and abused spouses and children of citizens and lawful
permanent residents may self-petition for independent legal residency. This statute
prevents citizens or residents from using the residency process as a means to exert control
over an alien spouse or child and allows victims to remain in the United States
independent of their abusive husbands/parents.
The federal domestic violence statutes provide powerful weapons for United States
Attorney's Offices around the country to assist state and local law enforcement in their
fight against domestic violence. Increased awareness of these federal laws will allow the
U.S. Department of Justice to work in a collaborative manner with state and local
counterparts in an effort to reduce one of the nation's most serious crime problems.
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A checklist of federal domestic violence statutes can be found in Appendix C at the end of
the chapter.
THE VIOLENCE AGAINST WOMEN ACT OF 2000
The reauthorization of the Violence Against Women Act of 2000 extended the funding of
key VAWA programs set to expire at the end of the fiscal year 2000. On October 28,
2000 President Clinton signed into law VAWA 2000 as Division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law No: 106-386). The new
legislation seeks primarily to improve current methods of addressing violence against
women and expand existing programs. It seeks to build on the success of the first act
rather than introduce new and sweeping reforms (Heger 2001). VAWA 2000
substantially increases support for sexual violence programs and coalitions. Among new
programs tailored to assist underserved populations and new areas of concern are the
inclusion of dating violence in several VAWA programs, greater protection for battered
immigrant women, programs addressing violence against older and disabled individuals,
and pilot programs for transitional housing and supervised visitation centers (NCVC
2001).
The Violence Against Women Act of 2005- Reauthorized:



On September 28, 2005 the House passed VAWA (H.R. 3402).
On October 4, 2005 the Senate passed VAWA (S. 1197) unanimously for
reauthorization.
On January 5, 2006 President Bush signed VAWA 2005 Reauthorization into law.
(Public Law No: 109-162).
THE BATTERED IMMIGRANT WOMEN PROTECTION ACT OF 2000
The Battered Immigrant Women Protection Act of 2000 improves access for battered
immigrants to a variety of legal protections provided by VAWA, and sets out procedures
for spouses and children to self-petition under VAWA:





It offers greater protection to spouses of citizens or residents who practice bigamy
by clearly defining their status and providing them with the right to self-petition
under VAWA provisions.
It provides access to VAWA self-petitions to battered immigrants living abroad
who are abused by their permanent resident or citizen spouses or parents if they
are government employees or members of the U.S. uniformed services.
It allows battered immigrants to file VAWA self-petitions within two years of
divorce or death of the abuser. If immigration status of the abuser is lost due to
incidents of domestic violence the battered immigrant may self-petition.
It offers clarifications regarding the possibility of naturalization or citizenship of
battered immigrant women and protection from deportation when the battered
immigrant has left the home of the abuser after being subject to battery or extreme
cruelty.
It clarifies the use of VAWA funds to provide legal and social services to battered
immigrant women.
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It creates a non-immigrant visa for immigrant crime victims who have suffered
substantial physical or emotional injury as a result of being subjected to crimes
such as rape, torture, trafficking, incest, domestic violence, female genital
mutilation, or kidnapping (NOW Legal Defense Fund October 2000).
Tennessee Domestic Violence Criminal Laws
For purposes of domestic assault, Tennessee defines a domestic relationship as, “a
spouse, former spouse, person related by blood or marriage, or person who currently
resides or in the past has resided with that person as if a family, or a person who has a
child or children in common with that person regardless of whether they have been
married or resided together at any time” (T.C.A. § 39-13-111). Domestic assault is
defined and punishable in the same manner as Tennessee’s assault law (T.C.A. § 39-13101). The only difference between the Tennessee domestic assault statute and the assault
statute is the relationship of the offender to the victim. Both assault and domestic assault
are considered class A or B misdemeanors depending upon the specifics in the case.
Tennessee defines stalking as a person who, “intentionally and repeatedly follows or
harasses another person in such a manner as would cause the person to be in reasonable
fear of being assaulted, suffering bodily injury or death,” (T.C.A. § 39-17-315). Stalking
statute is a Class A felony.
OTHER STATE LEGISLATIVE TRENDS AND ISSUES
In its 1998 "Family Violence Legislative Update," the National Council of Juvenile and
Family Court Judges identified a number of trends in domestic violence legislation:

Making it easier for victims to keep their addresses confidential when obtaining
and maintaining orders of protection.

Limiting the use of mediation to determine custody and visitation issues in cases
where there is domestic violence.

Creating fatality review commissions.

Mandating that employers begin to address the safety of victims of domestic
violence in the workplace.

Requiring hospitals to provide the parents of newborn babies with information
about domestic violence and its effect on children.

Authorizing courts to take an offender's property and garnish a portion of his
wages to meet unpaid restitution obligations to his victim.

Making it a crime to reveal the location of a shelter.
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Promising Practices

Law Enforcement Response Procedures for Children. The Austin (Texas) Police
Department's Domestic Violence Unit teaches police officers that they must:
o
o
o
o
o
o

Ensure that every incident reported indicates whether children live in the
home, where the children were during the incident, and where they were
located when the officer arrived.
Let hiding children know the police officers are in the room and then
count to five before opening the door or looking under the bed.
Kneel down to the child's level when speaking to him or her and calmly
ask open-ended questions.
Ask the child "How can I help?"
Photograph every child whether or not they have visible injuries
Document the name, age, school, and teacher of each child in order to alert
teachers of the situation.
One of the most promising innovations in the legal system is the unified family
court, which is being implemented in an ever-increasing number of states. Judge
Robert W. Page describes the unified family court as "a court for families." A
genuine unified family court has authority over child abuse and neglect; divorce,
child custody, and visitation; partner abuse; elder abuse; juvenile delinquency;
termination of parental rights; and other family law matters. The National Council
of Juvenile and Family Court Judges recommends that the family court should
have "criminal jurisdiction over adults for crimes committed against family and
household members."
In a paper delivered at the National Conference on Family Violence: Health and
Justice in 1994, Judge Page's description of the advantages of a unified family
court was offered:
The primary advantage claimed for a family court system is the unification
of all complaints, petitions, and case types within one case processing and
management system in order to provide a more efficient, less costly and
damaging, consistent and longer lasting resolution of the problems
presented. By directing that all complaints or petitions must be resolved in
one unified court, the opportunities for inconsistency and errors based
upon inaccurate or incomplete information are greatly reduced (Myers
1994, 3).

Advocacy for Women and Kids in Emergencies (AWAKE). The nation's first
hospital-based program that offers advocacy and support to abused mothers at the
same time that the hospital is providing protection to abused children was created
in 1986 by Children's Hospital in Boston. AWAKE was formed to broaden child
abuse programming to include intervention on behalf of battered women and to
coordinate services that are often offered separately, and in conflict, to women
and children. In the AWAKE program, battered women with abused children are
paired with an advocate experienced in family violence. The advocate devises an
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immediate safety plan that is updated during each subsequent contact and is
designed to keep mothers and children together and safe. Input is sought from a
multidisciplinary team (Child Protection Services, District Attorney, Department
of Social Services, and outside agencies). Long-term supportive services are also
offered to these families. In addition, a 1994 program expansion began offering
services at a health center located in a public housing development that are
provided by two bilingual, bicultural advocates (FVPF 1997).
The Alexandria, Virginia-based Institute for Law and Justice (ILJ), with support
from VAWA, has identified over 350 Web sites related to domestic violence. In a
summary contained in the 1998 Report: Evaluation of the STOP Formula Grants
Under the Violence Against Women Act of1994, ILJ identified eight types of
information available to practitioner audiences that can be adopted by other
agencies (Burt et al. July 1998):
1. Model police protocols for arrest policies and procedures.
2. Model protocols for prosecutor agencies.
3. Model training programs for police and other criminal justice personnel.
4. Guidelines for enforcement of out-of-state civil protection orders under
the constitutional full faith and credit clause.
5. Interagency agreements and plans among county agencies to enforce
domestic violence laws.
6. Batterer intervention program operational manuals.
7. Informational pamphlets for victims of domestic violence.
8. Physician guides for recognizing and treating domestic violence as a
health problem.
ILJ's link page to more than 350 Web sites is located at www.ilj.org/dv.
An on-line Domestic Violence Shelter Tour and Information Site was created by
Victim Services, Inc. of New York City. This innovative Web site includes a tour of a
domestic violence shelter and features photos and the voices of women who have sought
shelter with Victim Services; a children's art gallery of drawings by children who have
survived domestic violence; a map that identifies domestic violence resources available
across the United States; links to over 150 domestic violence Web sites around the world;
and general information about domestic violence and victim assistance. The Victim
Services Domestic Violence Shelter Tour and Information Site is located at
www.dvsheltertour.org/.
Community Partners. The East Boston Neighborhood Health Center has trained
all its staff to identify and report incidents of violence against women to designated staff
members. For example, janitors and clerical workers are asked to contact the nurse
supervisor if they witness dangerous behavior on the premises. By teaching all staff that
they are important links in keeping victims safe, the center reports an increased
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awareness among non-medical personnel about violence against women crimes and
improved collaboration with local services in planning for safety.
The California Youth Authority (CYA) Office of Prevention and Victim Services
has created a series of Technical Assistance Bulletins that are designed to educate its staff
about important victimization issues that might personally affect their families and them.
A Bulletin on domestic violence was developed following the murder of a CYA staff
member by her ex-boyfriend. It includes information about typologies of battering and
victimization, protection issues, developing a safety plan, how to help coworkers who
might be in domestic violence situations, and resources for local and national victim
assistance programs. CYA encourages other justice agencies to replicate its Bulletins for
their employees; a copy of the Domestic Violence Technical Assistance Bulletin is
available by calling 916-262-1392.
In Pierce County, Washington, all marriage license applications contain the
following citation: "The laws of this state affirm your right to live within the marriage
free from violence and abuse. Neither you nor your spouse is the property of the other.
The laws against physical abuse; emotional or psychological abuse; sexual abuse; and
battery and assault are applicable to spouses and other family members, and violations of
these laws are punishable by either fine or imprisonment, or both."
In 1998, the Domestic Violence Unit of the Newcastle County (Delaware)
Probation and Parole Department initiated an on-call system for domestic violence
matters related to all probationers that makes a probation officer available twenty-four
hours a day, seven days a week. When a police officer responds to a domestic violence
incident involving a probationer, he or she can contact the on-call officer, who can
execute a violation of probation on the new charge; issue a no-contact order; or take other
actions as determined to be appropriate. In addition to local law enforcement within the
county, the unit also works closely with the state Domestic Violence Coordinating
Council and coordinates its efforts closely with victim advocates, state police, family
court personnel, and other probation agencies.
Temporary Restraining Orders by Fax. The Los Angeles Commission on Assaults
Against Women (LACAAW) has a temporary restraining order fax service that allows
victims to file for a temporary restraining order through the LACAAW office rather than
going to the courthouse. To increase accessibility of services, women seeking restraining
orders have access to advocates who know Spanish or American Sign Language.
LACAAW advocates will help fill out the required paperwork and then fax the
application to the courthouse. Within three days the courthouse will fax back a response.
A number of law schools sponsor programs that integrate domestic violence
issues into legal education and directly involve students in domestic violence legal
advocacy. In a report generated by a focus group of law school professors, victim
advocates, and experts in intervention with perpetrators of domestic violence (sponsored
in 1996 by the Office for Victims of Crime), several promising practices were identified:
Third-year students at the Battered Women's Rights Clinic at the City
University of New York Law School assist low-income clients with a
range of legal needs. This may include obtaining civil protection orders,
pursuing contempt charges, seeking child support or custody orders, and
handling housing or public benefit cases. The clinic teaches students to
consider the unique social and economic obstacles confronted by battered
women and to work on law reform efforts to overcome these barriers.
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Students have conducted workshops in local shelters and for victim
services agencies and citizen groups.
Law students at the University of Georgia Law School assist indigent victims
of domestic violence in rural counties to file pro se petitions, obtain
protective orders, and find appropriate referral services. The Protective
Order Project also acts as a resource center for victims and service
providers in the community.
Students in the Families and the Law Clinic at Catholic University
(Washington, DC), Columbus School of Law, develop and run community
education projects on dating violence prevention in local high schools.
Law students address the dynamics of domestic violence, the civil and
criminal remedies available, and dating violence myths. High school
students respond to the substance and format of these workshops, viewing
law students as both peer role model and an accurate source of legal
information (ABA 1997).
The American Academy of Facial Plastic and Reconstructive Surgery (AAFPRS), in
partnership with the National Coalition Against Domestic Violence, the umbrella
group for the majority of domestic violence shelters across the nation, provides
free medical services to victims of domestic abuse. Shelter counselors refer
domestic violence victims who have received injuries to the face, head, or neck to
AAFPRS for consultation with a surgeon, and suitable candidates are given
reconstructive surgery at no cost. Since July 1994, 614 victims have been referred
to plastic surgeons (OVC 1998).
In its continuing efforts to educate the medical profession about domestic violence,
the American College of Obstetricians and Gynecologists has produced a slide
lecture about the health care needs of domestic violence victims. Target audiences
include OB-GYN residents, third-year OB-GYN medical students, first- and
second-year medical students in courses such as "Introduction to Clinical
Medicine," and other health care providers including emergency department
personnel, dentists, nurse midwives, nurse practitioners, and mental health
providers (OVC 1998).
The Family Violence Intervention Model for Dental Professionals Project, funded by
OVC, has developed comprehensive curricula and educational videos for dentists
and dental ancillary staff that provide information about the dynamics of family
violence, appropriate interventions by dental staff, and identification of family
violence resources for dental providers. Training videos model appropriate
interventions in the office environment, and depict the clinical signs of abuse and
neglect. The materials have been piloted and incorporated into the training
program of the dental school at the university. Additional training programs are
scheduled to occur throughout the country.
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Appendix A
Power and Control Wheel
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Appendix B
A Community Checklist: Important Steps to End Violence Against Women
In July 1995, a National Advisory Council on Violence Against Women was established
by Attorney General Janet Reno and Secretary of Health and Human Services Donna E.
Shalala. The purpose of the forty-seven-member, multidisciplinary council was to "help
promote greater awareness of the problem of violence against women and its victims, to
help devise solutions to the problem, and to advise the federal government on
implementing the 1994 Violence Against Women Act."
The Advisory Council developed a checklist of important steps that communities can take
to end violence against women, including the religious community, colleges and
universities, law enforcement, health care professionals, the sports industry, the news
media, and the workplace.
As Attorney General Reno and Secretary Shalala stated in the introduction to the
Community Checklist:
This is not intended to be an exhaustive list but is meant to offer some
straightforward, practical suggestions that we believe can make a difference in
communities across the country. By coming together as a community, exchanging
ideas, and coordinating efforts, we can begin to end this violence that destroys so
many American lives.
Published during the 1996 National Domestic Violence Awareness Month, "A
Community Checklist" offers valuable insights into what individuals and community
constituencies can do to address domestic violence.
RELIGIOUS COMMUNITY
The religious community provides a safe haven for women and families in need. In
addition, it exhorts society to share compassion and comfort with those afflicted by the
tragedy of domestic violence. Leaders of the religious community have identified actions
to share with the nation to create a unified response to violence against women.

Become a safe place. Make your church, temple, mosque, or synagogue a safe
place where victims of domestic violence can come for help. Display brochures
and posters which include the telephone number of the domestic violence and
sexual assault programs in your area. Publicize the National Domestic Violence
Hotline number, 800-799-SAFE (7233) or 800-787-3224 (TDD).

Educate the congregation. Provide ways for members of the congregation to learn
as much as they can about domestic and sexual violence. Routinely include
information in monthly newsletters, on bulletin boards, and in marriage
preparation classes. Sponsor educational seminars on violence against women in
your congregation.
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
Speak out. Speak out about domestic violence and sexual assault from the pulpit.
As a faith leader, you can have a powerful impact on peoples' attitudes and
beliefs.

Lead by example. Volunteer to serve on the board of directors at the local
domestic violence/sexual assault program or attend a training to become a crisis
volunteer.

Offer space. Offer meeting space for educational seminars or weekly support
groups or serve as a supervised visitation site when parents need to visit safely
with their children.

Partner with existing resources. Include your local domestic violence or sexual
assault program in donations and community service projects. Adopt a shelter for
which your church, temple, mosque or synagogue provides material support, or
provide similar support to families as they rebuild their lives following a shelter
stay.

Prepare to be a resource. Do the theological and scriptural homework necessary
to better understand and respond to family violence and receive training from
professionals in the fields of sexual and domestic violence.

Intervene. If you suspect violence is occurring in a relationship, speak to each
member of the couple separately. Help the victim plan for safety. Let both
individuals know of the community resources available to assist them. Do not
attempt couples counseling.

Support professional training. Encourage and support training and education for
clergy and lay leaders, hospital chaplains, and seminary students to increase
awareness about sexual and domestic violence.

Address internal issues. Encourage continued efforts by religious institutions to
address allegations of abuse by religious leaders to ensure that religious leaders
are a safe resource for victims and their children.
(Adapted in part from the Nebraska Domestic Violence and Sexual Assault
Coalition and the Center for the Prevention of Sexual and Domestic Violence,
Seattle, WA. Used with permission.)
COLLEGES AND UNIVERSITIES
Colleges and universities offer important opportunities to educate young men and women
about violence against women. Experiences on campuses will be carried forth to
everyday life and will influence future actions. Therefore, every effort to inform students
may mean one less victim abused or one less crime committed. Leaders in higher
education have identified the following strategies to assist educators across the country in
reaching out to students and communities, and to make campuses safe places for women.
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
Make the campus a safe place. Evaluate the safety and security of the campus
environment and the quality and availability of resources to ensure safety. For
example, establish campus escort services through campus security and student
government programs.

Increase awareness. Educate your students, faculty, and staff about the problem
of sexual assault and dating violence on college campuses. Provide adequate
training on the signs that often accompany abuse, on victims' legal rights, and on
available resources.

Target special groups. Identify target groups (i.e., new students, fraternities and
sororities, athletes, etc.) on your campus and develop specialized training and
resources for them.

Coordinate resources. Identify resources addressing violence against women on
your campus and bring together local community and university service
providers.

Encourage reporting of violence. Through orientation and awareness programs on
campus, encourage students, faculty, and staff to report incidents of violence.
Develop effective linkages between campus and community law enforcement
personnel.

Provide services to the campus community. Support a coordinated community
response to violence against women; ensure that services are comprehensive and
appropriate for the entire campus community.

Develop an administration response to violence on campus. Establish protocols to
manage complaints of violence on your campus with care for the victim as the
first priority. Your protocol should include a clearly defined process for providing
assistance to victims and holding the perpetrators accountable.

Review and revise the student code of conduct and policies. Review your campus
policies and disciplinary sanctions to assess that violence against women is
treated as seriously as other crimes, with equally severe punishments.

Provide a voice for women on campus. Provide support for students and faculty to
establish victim advocacy groups on campus.

Get the message out to the campus community. Speak out against domestic
violence and sexual assault in your position of leadership on campus.
Communicate expectations about appropriate conduct, include them in student
policy statements. Post information about available resources in dining halls,
health facilities, dormitories, locker rooms, and other places where students are
likely to see it.
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LAW ENFORCEMENT
Across the country, law enforcement is developing innovative and effective strategies to
prevent and prosecute violence against women more effectively. Law enforcement
leaders have identified several of these strategies that, if used consistently, may go a long
way toward reducing incidents of violence against women.

Create a community roundtable. Convene a community roundtable bringing
together police, prosecutors, judges, child protection agencies, survivors, religious
leaders, health professionals, business leaders, educators, defense attorneys, and
victim advocate groups, and meet regularly. Create specific plans for needed
change and develop policies among law enforcement, prosecutors, and others that
will result in coordinated, consistent responses to domestic violence.

Record domestic violence. To help understand and respond to the dimensions of
violence against women, develop and require the use of a uniform domestic
violence reporting form. It should include an investigative checklist for use in all
domestic violence incidents or responses.

Continue to educate. Create informational brochures on domestic violence and
sexual assault that include safety plans and a list of referral services, for
distribution in all courthouses, police stations, and prosecutors offices and in nonlegal settings such as grocery stores, libraries, laundromats, schools, and health
centers.

Provide clear guidance on responding to domestic violence. Write new or adapt
existing protocol policies for police, courts, and prosecutors regarding domestic
violence and sexual assault incidents and train all employees to follow them.
Policies should specify that domestic violence and sexual assault cases must be
treated with the highest priority, regardless of the severity of the offense charged
or injuries inflicted.

Ensure that law enforcement is well informed. Designate at least one staff
member to serve as your agency's domestic violence and sexual assault contact,
with responsibility for keeping current on legal developments, training resources,
availability of services and grant funds. Wherever possible, create a unit of
employees with special expertise to handle domestic violence and sexual assault
cases in prosecutor's offices, police departments, and probation/parole agencies
and ensure that these employees are well trained regarding their responsibilities.

Reach out to front lines. Identify and meet with staff and residents from local
battered women's shelters and rape crisis centers to discuss their perceptions of
current needs from the law enforcement community. Solicit suggestions for
improving the law enforcement response to these crimes.

Improve enforcement by implementing a registry of restraining orders and a
uniform order for protection. Implement a statewide registry of restraining orders
designed to provide accurate, up-to-date, and easily accessible information on
current and prior restraining orders for use by law enforcement and judicial
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personnel. Develop a uniform statewide protection order for more effective and
efficient enforcement.

Support and pursue legislative initiatives. Develop and support legislative
initiatives to address issues regarding domestic violence and sexual assault
including a) stalking; b) death review teams; c) sentencing guidelines; d)
indefinite restraining orders; and e) batterers intervention programs.

Conduct training. Conduct ongoing multidisciplinary domestic violence and
sexual assault training for police, prosecutors, judges, advocates, defenders,
service providers, child protection workers, educators, and others. Training should
include the victim's perspective and an emphasis on safety planning.

Structure courts to respond to domestic violence/create specialized domestic
violence courts. Develop specialized courts that deal exclusively with domestic
violence cases in a coordinated, comprehensive manner, where community and
court resources can be utilized together to address domestic violence effectively.
At a minimum, all court personnel involved with domestic violence cases,
including judges, prosecutors, public defenders, probation officers, and
corrections and parole officers should receive relevant and practical domestic
violence training and have an understanding of the dynamics of domestic
violence.
HEALTH CARE PROFESSIONALS
Health care professionals are in the critical position of providing services to victims of
violence as the first contact point for many of these victims. It is crucial that health care
professionals recognize their potential to intervene appropriately. Immediate recognition
of the problem and the provision of medical care and referrals to appropriate resources
within the community can make all the difference. Leaders in the field have identified the
following strategies to make interventions by health care professionals more effective.
Incorporate training into curricula. Support the incorporation of domestic violence
and sexual assault training in medical, nursing, and allied health care professional
education curricula.
Make resources available to patients. Make resource materials available in waiting
rooms and restrooms. Include the National Domestic Violence Hotline number
800-799-SAFE (7233) or 800-787-3224 (TDD).
Support incorporation of protocols into accreditation process. Support efforts to
ensure that domestic violence and sexual assault protocols are addressed through
the National Commission for Quality Assurance and the Joint Commission on
Accreditation of Hospitals.
Encourage continuing education on violence against women issues. Encourage your
state licensing boards and various specialty groups to encourage physicians and
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nurses to allocate Continuing Medical Education (CME) hours to violence against
women related issues for re-licensure requirements.
Involve medical organizations and societies in increasing awareness. Collaborate
with health care professional organizations and societies in your area to increase
medical school and health care professional involvement in addressing violence
against women.
Feature violence against women on meeting agendas. Arrange presentations and
symposiums on violence against women at various health care specialty annual,
regional, and local meetings.
Highlight commitment to violence against women issues. Give awards, citations, and
certificates to exceptional organizations and individuals for their continued
commitment to addressing violence against women.
Develop a standard intake form. Develop a standardized intake assessment form for
health care professionals who interact with victims of domestic or sexual
violence. This assessment form would ensure that certain information regarding
these incidents is identified and proper resources are utilized.
Ensure Employee Assistance Programs are responsive to victims of domestic
violence. Determine whether your health care facility's employee assistance
program (EAP) includes domestic violence services or referrals. If it does not,
speak with your human resources director or the appropriate manager about the
possibility of expanding the program to address the needs of employees facing
violence in their homes. All EAP personnel should receive domestic violence
training and have an understanding of the dynamics of domestic violence.
Volunteer. Provide a health care series on a volunteer basis to community
organizations that serve victims of domestic and sexual violence.
SPORTS
Today, more than ever, our sports players and organizations have an enormous capacity
to influence the minds and behaviors of Americans, both young and old. The reason is
simple. For many Americans, professional, college, and Olympic athletes are today's
heroes. We must utilize this outlet to send a positive message to all Americans about
preventing domestic violence and sexual assault. Following are a number of ways
communities can work with the local sports industry to help stop the violence.

Bring sports leagues together in a common cause. Encourage local sports teams
to come together in a joint effort to combat violence against women through joint
awareness campaigns and public appearances.

Create strict disciplinary policies. Encourage the creation of disciplinary policies
for players on domestic violence and violence against women similar to drug
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policies. These policies should include stiff sanctions and penalties for
committing domestic violence and sexual assault.

Push for public service announcements (PSAs) during broadcast of sporting
events. Write or call sports leagues in support of PSAs about violence against
women during the broadcast of major sporting events, including NCAA games.

Promote the distribution of educational materials. Promote the distribution of
educational materials from local shelters and programs to players by offering the
materials to the teams.

Involve local sports heroes in community activities. Involve local sports heroes in
rallies and events which bring attention to the problem of violence against
women.

Reach out to potential sponsors. If there are businesses in the area that are known
for making or selling sporting equipment or clothing, approach them for
sponsorship of community awareness activities.
NEWS MEDIA
The media industry represents much more than television and film stars. It is the most
influential source of information for millions of Americans. Before we can change
people's attitudes about violence against women and prevent violent behavior, we must
not only change the way violence is portrayed in the media, but also educate members of
the media who report on domestic violence and sexual assault crime. Leaders in the
media industry have identified ways in which communities can work with their local
media to encourage responsible reporting of violence against women.

Use the power of communication. Contact local television, radio, and newspapers
urging thoughtful and accurate coverage of violence against women, and the
provision of educational messages about the problem when possible.

Urge action through the local paper. Through community organizations,
distribute model op-ed pieces and letters to the editor and urge community action
for placement of these pieces.

Link media with experts. Provide media outlets with a list of well-known experts
available for interviews and a packet of materials with information on a variety of
related subject areas, such as local shelters and programs.

Organize public events. Plan a public event, such as a community education
forum on violence against women, and solicit local media coverage.

Encourage employee awareness. Encourage the development of domestic
violence awareness programs for employees of media outlets.
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
Build a bridge between media and law enforcement. Urge police chiefs and
commissioners to go on air locally to discuss domestic violence and violence
against women.

Provide a forum for community leaders. Encourage community leaders to speak
to media about issues of violence against women.

Publicize local resources through reporting. Encourage local media to include the
National Domestic Violence Hotline number, 800-799-SAFE (7233) or 800-7873224 (TDD), through reporting on incidents of domestic violence.
THE WORKPLACE
Men and women spend more and more of their daily lives in the workplace. Domestic
violence is a workplace issue that affects the safety, health, and productivity of America's
workers. Business and labor leaders have identified several strategies that can be used to
create safer and more supportive workplaces.

Ensure Employee Assistance Programs are responsive to victims of domestic
violence. Determine whether your company's employee assistance program (EAP)
includes domestic violence services or referrals. If it does not, speak with your
human resources director or the appropriate manager about the possibility of
expanding the program to address the needs of employees facing violence in their
homes. All EAP personnel should receive domestic violence training and have an
understanding of the dynamics of domestic violence.

Provide management with the tools to respond to domestic violence. Establish a
training program for all supervisors and managers at your workplace to give them
guidance on how to respond when an employee is a victim or perpetrator of
domestic violence.

Educate employees about domestic violence. Sponsor a workshop or series of
workshops at your workplace on domestic violence. Invite a domestic violence
survivor to speak about her experiences and to discuss the impact of violence on
her life and her work.

Share materials about domestic violence. Distribute educational materials about
domestic violence to all employees in your workplace and display posters and
brochures in public places which explain the issue. Send the message that there is
no excuse for domestic violence. Make victim safety information available in
private places such as restrooms or in paycheck envelopes. All information should
include the National Domestic Violence Hotline number, 800-799-SAFE (7233)
or 800-787-3224 (TDD).

Increase safety at the workplace. Find out whether security guards at your
workplace have been trained to handle the special safety needs of battered
women, who may be stalked at work. If they have not, speak with the appropriate
manager to arrange training and help security personnel develop safety
procedures.
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
Coordinate with local law enforcement. Arrange a meeting between security
personnel at your workplace and local law enforcement agencies to facilitate
appropriate information sharing and the development of collaborative working
relationships.

Join in local community efforts to combat domestic violence. Conduct a drive in
your workplace to collect items for local domestic violence shelters. Be sure to
contact the programs first to find out what they want, but common needs for
shelters are toys, clothing, furniture, office equipment, office supplies, and food.
Alternatively, make a contribution of company products.

Donate time and resources. Adopt a local domestic violence shelter by collecting
money from coworkers for a joint donation or by getting a group of coworkers to
make a commitment of volunteer hours. For example, raise money to pay for a
new roof for a shelter; organize groups of volunteers to paint a shelter, do yard
work around the shelter, assist with a special event, or provide other specialized
skills (Advisory Council on Violence Against Women 1996).
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Appendix C
Checklist of Federal Domestic Violence Statutes/Offenses



Domestic Violence Offenses.
o
Interstate travel to commit domestic violence - 18 U.S.C. §2261.
o
Interstate stalking - 18 U.S.C. §2261A.
o
Interstate travel to violate a Protection Order - 18 U.S.C. §2262.
Firearms Offenses.
o Possession of a firearm while subject to a Protection Order - 18 U.S.C.
§922(g)(8).
o
Transfer of a firearm to a person subject to a Protection Order - 18 U.S.C.
§922(d)(8).
o
Possession of a firearm after conviction of a misdemeanor crime of
domestic violence - 18 U.S.C. §922(g)(9).
o
Transfer of a firearm to a person convicted of a misdemeanor crime of
domestic violence - 18 U.S.C. §922(d)(9).
o
Official use exemption from firearms offenses (except §§922(d)(9) and
922(g)(9)) - 18 U.S.C. §925(a)(1).
Other Relevant Statutes.
o
Full Faith and Credit - 18 U.S.C. §2265.
o
Brady statement - 18 U.S.C. §922(s).
o
Right of victim to be heard at bail hearing - 18 U.S.C. §2263.
o
Other victims' rights - 18 U.S.C. §10606(b).
o
Restitution - 18 U.S.C. §2264.
o
Self-Petitioning for battered immigrant women and children - 8 U.S.C.
§1154.
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Adapted from the National Victim Assistance Academy Textbook, 2002; Chapter 9.
References
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American Medical Association (AMA), Council on Scientific Affairs. 1992b. "Violence
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Arias, I., M. Samios, and K. D. O'Leary. 1987. "Prevalence and Correlates of Physical
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Breslin, F. C., D. S. Riggs, K. D. O'Leary, and I. Arias. 1990. "Family Precursors:
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Buel, S. 1994. Suggestions for a Model Community Coordinated Response to Domestic
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Bureau of Justice Statistics (BJS). March 1998. Violence by Intimates, Analysis of Data
on Crimes by Current or Former Spouses, Boyfriends, and Girlfriends. Washington, DC:
U.S. Department of Justice.
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Burt, M. R., L. C. Newmark, L. K. Jacobs, and A. V. Harrell. July 1998. 1998 Report:
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Colorado Domestic Violence Coalition and Colorado Department of Public Health. 1994.
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Klein, A. 1994. Spousal/Partner Assault: A Protocol for the Sentencing and Supervision
of Offenders. Quincy, MA: Quincy Court.
Kurz, D. 1987. "Emergency Department Responses to Battered Women: Resistance to
Medicalization." Social Problems 34: 69-81.
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McKibben, L., E. DeVos, and E. Newberger. 1998. "Victimization of Mothers of Abused
Children: A Controlled Study." Pediatrics 84: 531-535.
McLeer, S. V., and R. Anwar. 1989. "A Study of Battered Women Presenting in an
Emergency Department." American Journal of Public Health 79: 65-66.
Myers, J. E. B. 1994. Medicine, Mental Health, and the Legal System: Critical Partners
in Responding to Family Violence. Paper presented at the National Conference on Family
Violence: Health and Justice, Washington, DC.
National Advisory Council on Violence Against Women. 1996. A Community Checklist.
Washington, DC: U.S. Department of Justice and U.S. Department of Health and Human
Services.
National Center for Child Abuse and Neglect (NCCAN). n.d. Family Violence: An
Overview. Washington, DC: U.S. Department of Health and Human Services.
National Center for Victims of Crime (NCVC). Winter 2000/2001. Victim Policy
Pipeline. Washington DC: Author.
National Council of Juvenile and Family Court Judges (NCJFCJ). 1998. Family
Violence: Legislative Update. Reno, NV: Author.
National Institute of Justice (NIJ) and U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention (CDC). 1998. Prevalence, Incidence, and
Consequences of Violence Against Women: Findings From the National Violence Against
Women Survey. Washington, DC: U.S. Department of Justice.
National Violence Against Women Prevention Research Center (NVAWPRC). 1999.
Prevalence Estimates: Intimate Partner and Domestic Violence. Charleston, SC: Author.
NOW Legal Defense Fund. 2000. "Conference Report on Victims of Trafficking and
Violence Protection Act of 2000." Section-by-Section Summary Division B-Violence
Against Women Act of 2000, Title V-Battered Immigrant Women. Washington DC:
Author.
Office for Victims of Crime (OVC). 1998. New Directions from the Field: Victims'
Rights and Services for the 21st Century. Washington, DC: U.S. Department of Justice.
Page, R. 12 March 1994. Advantages of a Unified Family Court. Paper presented at the
National Conference on Family Violence: Health and Justice, American Medical
Association, Washington, DC.
Pagelow, M. D. 1984. Family Violence. New York: Praeger.
Pan, H. S., P. H. Neidig, H., K. D. O'Leary, 1994. "Predicting Mild and Severe Husbandto-Wife Physical Aggression." Journal of Consulting and Clinical Psychology 62 (5):
975-981.
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Randall, T. 1990. "Domestic Violence Intervention Calls for More than Treating
Injuries." Journal of the American Medical Association 262: 939-940.
Rennison, C. M., and S. Welchans. May 2000. Intimate Partner Violence. Washington,
DC: U.S. Department of Justice, Bureau of Justice Statistics.
Ross, S. 1996. "Risk of Physical Abuse to Children of Spouse Abusing Parents." Child
Abuse and Neglect 20: 589-598.
Rouse, L. P., R. Breen, and M. Howell. 1988. "Abuse in Intimate Relationships." Journal
of Interpersonal Violence 3 (4): 414-429.
Stark, E., A. Flitcraft, and W. Frazier. 1979. "Medicine and Patriarchal Violence: The
Social Construct of a Private Event." International Journal of Health Services 9: 461498.
Stets, J. E., and M. A. Straus. 1989. "The Marriage License as a Hitting License: A
Comparison of Assaults in Dating, Cohabiting, and Married Couples." Journal of Family
Violence 4 (2): 161-180.
Straus, M. A., and R. J. Gelles. 1986. "Societal Change and Change in Family Violence
from 1975 to 1985 as Revealed by Two National Surveys." Journal of Marriage and the
Family 48: 465-479.
Straus, M. A., and R. J. Gelles. 1990. Physical Violence in American Families: Risk
Factors and Adaptation to Violence in 8,145 Families. New Brunswick, NJ: Transaction.
Straus, M. A., R. J. Gelles, and S. K. Steinmetz. 1980. Behind Closed Doors: Physical
Violence in the American Family. New York: Doubleday/Anchor.
Walker, Lenore. 1979. The Battered Woman. New York: Harper & Row.
Wallace, H. 1999. Family Violence: Legal, Medical, and Social Perspectives, 2nd ed.
Needham Heights, MA: Allyn & Bacon.9
Warshaw, C. 1989. "Limitations of the Medical Model in the Care of Battered Women.
Gender and Society 3: 506-517.
Waxman, L., and R. Trupin. 1997. A Status Report on Hunger and Homelessness in
America's Cities. Washington, DC: U.S. Conference of Mayors.
White, J. W., and M. P. Koss. 1991. "Courtship Violence: Incidence in a National Sample
of Higher Education Students." Violence and Victims 6 (4): 247-256.
Wilson, M., and M. Daly. 1993. "Spousal Homicide Risk and Estrangement." Violence
and Victims 8: 3-16.
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Yilo, K., and M. S. Straus. 1981. "Interpersonal Violence among Married and Cohabiting
Couples." Family Relations 30: 339-347.
Additional References
National Coalition Against Domestic Violence, 2005. www.ncadv.org. VAWA.
Tennessee Bureau of Investigation; Crime in Tennessee Report, 2004.
www.tbi.state.tn.us.
Tennessee Coalition Against Domestic & Sexual Violence. Domestic Violence State
Coordinating Council. www.tcadsv.org.
Tennessee Code Annotated 36-1-601, 36-1-602, 36-1-605; Order of Protection Laws.
www.legislature.state.tn.us.
Tennessee Code Annotated 36-3-619; Officer Response. www.legislature.state.tn.us.
Tennessee Code Annotated 37-1-403, Child Abuse Reporting Law.
www.legislature.state.tn.us.
Tennessee Code Annotated 39-17-315; Stalking. www.legislature.state.tn.us.
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Additional Resources
Bureau of Justice Statistics (BJS). June 1998. "Presale Handgun Statistics, 1997."
Bulletin. Washington, DC: U.S. Department of Justice.
Bureau of Justice Statistics (BJS). 18 February 1999. "Characteristics of Crime."
Summary Findings. Washington, DC: U.S. Department of Justice.
Bureau of Justice Statistics (BJS). 18 February 1999. "Criminal Offender Statistics."
Summary Findings. Washington, DC: U.S. Department of Justice.
Burnam, M. A., J. A. Stein, J. M. Golding, J. M. Siegel, S. B. Sorenson, A. B. Forsythe,
and C. A. Telles. 1988. "Sexual Assault and Mental Disorders in a Community
Population." Journal of Consulting and Clinical Psychology 56: 843-850.
Craven, D. September 1997. "Sex Differences in Violent Victimization, 1994." Bureau of
Justice Statistics, Special Report. Washington, DC: U.S. Department of Justice.
Crites, L., and D. Coker. Spring 1988. "What Therapists See that Judges May Miss: A
Unique Guide to Custody Decisions when Spouse Abuse is Charged." Judges Journal.
Dutton, D. G., and S. L. Painter. 1981. "Traumatic Bonding: The Development of
Emotional Attachments in Battered Women and Other Relationships of Intermittent
Abuse." Victimology 6, 139.
Dutton, D. G. 1995. The Domestic Assault of Women. Vancouver, BC: UBC Press.
Healey, K. M. and C. Smith. July 1998. Batterer Programs: What Criminal Agencies
Need to Know. Washington, DC: U.S. Department of Justice, Office of Justice Programs.
Kessler, R. C., A. Sonnega, E. Bromet, M. Hughes, and C. B. Nelson. 1995.
"Posttraumatic Stress Disorder in the National Comorbidity Survey." Archives of General
Psychiatry 52: 1048-1060.
Koss, M. P., W. J. Woodruff, and P. G. Koss. 1991. "Deleterious Effects of Criminal
Victimization on Women's Health and Medical Utilization." Archives of Internal
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National Center for Injury Prevention and Control, (CDC). 3 November 1997. "American
Indian/Alaska Natives and Intimate Partner Violence." www.cdc.gov/ncipc/natamer.htm.
Atlanta, GA: Center for Disease Control and Prevention.
NiCarthy, G. 1986. Getting Free: A Handbook for Women in Abusive Relationships. New
York: Seal Press, 117-118.
Norris, F. H. 1992. "Epidemiology of Trauma: Frequency and Impact of Different
Potentially Traumatic Events on Different Demographic Events." Journal of Consulting
and Clinical Psychology 60: 409-418.
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Office of the Attorney General, State of Florida. 1993. Multidisciplinary Services
Training: Making a Positive Impact, curriculum. Tallahassee, FL.
Office of Justice Programs (OJP). August 1997. Violence-Related Injuries Treated in
Hospital Emergency Departments. Washington, DC: U.S. Department of Justice.
Office of Justice Programs (OJP). 29 May 1998 (revised). Violence by Intimates.
Washington, DC: U.S. Department of Justice.
Ogawa, B. 1996. Walking on Eggshells: Practical Counsel for Women in or Leaving a
Violent Relationship. Volcano, CA: Volcano Press.
Pence, E. and M. Paymar. 1993. Education Groups for Men Who Batter: The Duluth
Model. Springer, NY.
Retzinger, S. M. 1991. Violent Emotions: Shame and Rage in Marital Quarrels. Newbury
Park, CA: Sage Publishers.
Russell, M. 1988. "Wife Assault Theory, Research, and Treatment: A Literature Review.
Journal of Family Violence 3 (3): 193-208.
Steinmetz, S. K. 1978. "Violence Between Family Members." Marriage and Family
Review 1: 1-16.
Tjaden, P., and N. Thoennes. November 1998. "Prevalence, Incidence, and Consequences
of Violence Against Women: Findings from the National Violence Against Women
Survey." Research in Brief. Washington, DC: U.S. Department of Justice, National
Institute of Justice.
Violence Against Women Grants Office. July 1997. Domestic Violence and Stalking. The
Second Annual Report to Congress under the Violence Against Women Act. Based on
data from the 1995 NCVS. Washington, DC: U.S. Department of Justice.
Webb, W. 1992. "Treatment Issues and Cognitive Behavior Techniques with Battered
Women." Journal of Family Violence 7: 205.
Wyatt, G. E., D. Guthrie, and C. M. Notgrass. 1992. "Differential Effects of Women's
Child Sexual Abuse and Subsequent Sexual Revictimization." Journal of Consulting and
Clinical Psychology 3: 561-572.
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Chapter 7 Direct Services
Special Topics Supplement: Rural Issues
Learning Objectives
Upon completion of this section, students will understand the following concepts:

The problems and issues relevant to providing basic services to victims in
rural-remote regions.

Collaborate with other victim services to find ways to fill gaps in victim
services in rural areas.

Promising practices developed to meet the needs of victims in rural-remote
regions.
Introduction
Nearly one-quarter of Americans live in rural communities or small towns. Once
stereotyped as enjoying a quiet life in the country, rural residents now witness crime at an
all-time high. Their communities are facing rising crime, particularly juvenile, violent
and property crimes. School dropout rates have increased, the proportion of children
living in poverty has grown, gang activity and violent crime have migrated from urban
areas, and substance abuse has become a dominant factor in domestic abuse cases. These
signs make clear that the need for rural communities and small towns to develop and
implement aggressive crime prevention strategies has never been more urgent.
CHALLENGES FOR RURAL COMMUNITIES
The influx of crimes never experienced before presents rural communities with distinct
challenges. Small towns must develop a wide-scale, tailored crime prevention response
for the first time. Crafting this response can be difficult because these communities often
have fewer financial resources available for additional prevention and enforcement
activities and may not have a well-established infrastructure to support the wide range of
activities that would comprise a comprehensive, reinforcing prevention strategy (e.g.
domestic violence counseling, drug and alcohol treatment, tutoring and supervised afterschool activities). Small towns also may lack the financial, human and institutional
resources to obtain the training required to implement an effective crime prevention
strategy.
In addition, rural communities may be disadvantaged at times when competing with
urban areas for federal support. For example, rural communities sometimes find that
federal grant applications may not be tailored to meet their particular crime reduction
needs. Rural applicants with fewer resources are often competing with urban applicants
with more resources, including specialists who prepare their grant applications. As a
result, and because crime has been traditionally viewed as an urban problem, significantly
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larger proportions of federal and state grant funds have been dedicated to metropolitan
areas.
Sometimes distinctive characteristics of rural communities increase their vulnerability to
crime. For example, rural law enforcement agencies are responsible for and must respond
to large rural jurisdictions. Residents living in areas of lower population density and
larger distances between homes are more isolated. Longer commutes to urban areas for
employment leave homes vacated for long periods of time. These are the types of
characteristics of rural living that can make prevention and protection more difficult. Any
community's organized and coordinated prevention and enforcement strategy must take
such factors into account to be effective.
The evidence shows--and law enforcement officials across the country agree--that
aggressive crime prevention, in combination with law enforcement, strengthens a
community's ability to confront crime problems. It is imperative that comprehensive
strategies and approaches be tailored to address the particular challenges facing rural
communities in their efforts to reduce crime (Office of Justice Programs, Focus on
Prevention, 2005).
The following is taken from a research article on Crime and Violence in Rural
Communities by: Joseph F. Donnermeyer, Director of the National Rural Crime
Prevention Center.
"One Society, Many Faces"
The first book to focus exclusively on rural crime in nearly 50 years, Rural Crime:
Integrating Research and Prevention, was published in 1982 (Carter et al., 1982). The
opening chapter to this book contains a section called "One Society: Many Faces"
(Sagarin et al., 1982). This phrase calls attention not only to the great diversity of rural
communities, but also to the social and economic dynamics that continually change the
character of rural American society.
With this phrase in mind, the first step in exploring rural crime is to recognize that one
standard definition of rural will not suffice. Therefore, this paper will review information
from the FBI's Uniform Crime Reports (UCR), the National Crime Survey (NCS), and a
variety of more localized studies of rural crime. In each of these sources, what is meant
by the term rural will vary? When this paper cites a study, it will describe the author or
authors' definition of rural or the place where the research was conducted.
The second step is to remember that rural areas are incredibly diverse - from the
coalfields of Appalachia, to the farmland of Iowa, to the fishing villages of Louisiana, to
the cattle ranches of Colorado, to the small towns of Illinois and Ohio. Just as most law
enforcement agencies are small (as measured by number of personnel), so too are most
communities and most prevention and treatment programs. Each community can exhibit a
unique crime profile that is difficult to describe with national-level statistics and
information.
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Not only is the nature of crime in American society changing, but the ways in which
crime problems are addressed also are changing. The 1960s, a time when crime rates
were increasing rapidly, was marked by an increasing estrangement between the police
and citizens. In response, the early 1970s saw an increase in the development of a large
variety of crime prevention programs, such as maintaining neighborhood (i.e., block or
community) watch programs, providing victim assistance, and placing a renewed value
on foot patrols. By the early 1980s, the concept of community-based policing had
emerged, and it continues to provide the philosophical underpinning for basic functional
changes in the way police agencies operate (Moore & Trojanowicz, 1988; Kelling &
Bratton, 1993).
Community-based policing emphasizes that the operating philosophy of law enforcement
is to work cooperatively with a wide range of community groups and institutions to
prevent crime and reduce citizens' fear of crime. Community-based policing emphasizes
that the traditional police functions of enforcement and apprehension actually can
improve as citizens learn once again to trust and cooperate with the police. The police
learn to be more responsive to the demands of citizens and to follow a service-based
philosophy of keeping the customer happy. Slowly, but inexorably, this philosophy is
transforming police agencies across the country (Donnermeyer, 1994).
Unique Problems Faced by Rural-Remote Victims
Abuse
Virtually no information is available on levels of spouse, child, and elder abuse in rural
areas. The nature of abuse, which involves sexual, physical, and psychological abuse
often between family members or in relationships of trust between the victim and the
offender, makes abuse impossible to measure in victimization surveys. Furthermore,
victims often are reluctant to report cases of abuse. Nationally, child abuse cases are
estimated at about 2.4 million annually. There are no rural-urban differences in physical
forms of child abuse, but urban areas display more reported cases of nonphysical abuse,
according to the National Center on Child Abuse and Neglect (1988). Miller and
Veltkamp (1989) studied a small rural county in Kentucky with nearly 300 reported cases
of child abuse (many times greater than any type of national average).
The vast majority (85%) of spouse abuse victims are female. Estimates indicate that the
number of wives and girlfriends who are beaten or in other ways injured by their spouses,
partners, and ex-spouses number close to two million each year. Once again, the
prevalence of domestic abuse may be many times larger than the reported number of
incidents. One study by Gagne (1992) of rural Appalachia suggests that rates of domestic
violence in some rural areas may be higher than city rates.
To the knowledge of this author and others familiar with the literature on rural crime,
there is no systematic research on abuse of the rural elderly. However, it is safe to say
that such abuse does exist. The author, while working as a crime prevention specialist for
the Indiana Cooperative Extension Service during the late 1970s, heard several accounts
of "granny bashing" in the southwestern area of the state. Most often, these anecdotes
related stories of children and grandchildren who used physical force against older
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women living in isolated rural areas in order to steal their social security checks
(Donnermeyer, 1994).
Crime in Rural Schools
In 1989, a special supplement to the NCS measurement instruments contained questions
on the victimization experiences of persons 12 to 19 years of age at the school they
attend. They also were asked their opinions about crime, the availability of drugs, and
awareness of gangs (Bastian & Taylor, 1991).
Among the students living in rural areas, 7 percent indicated that they had been the victim
of a property crime and 1 percent indicated that they had been the victim of a violent
crime. In comparison, 8 percent of central city students had experienced a property crime
and 2 percent had experienced a violent crime. The property and violent crime
experiences for suburban students was 7 percent and 2 percent, respectively. As these
results indicate, there was only a narrow difference in crime experiences among students
by rural and urban location. This finding contrasts starkly to the more dramatic ruralurban differences found in both the UCR and regular NCS data.
Seventy-one percent of the rural students indicated that drugs were available at their
school, compared to 66 percent of students from the city and 67 percent from suburban
locations. Rural students were more likely than their urban and suburban counterparts to
have attended drug education classes (44 percent versus 40 percent and 35 percent,
respectively).
One large rural-urban difference is the reported presence of gangs. Only 8 percent of the
students living in rural areas indicated that gangs were active in their school, compared to
14 percent of suburban students and 25 percent of city students. Despite this difference, 6
percent of the rural students reported avoiding places at school out of fear of being
attacked. This figure was slightly higher than the 5 percent figure for suburban students,
but lower than the 8 percent of city students who avoided places at school. In addition, 20
percent of the rural students indicated that they were fearful of being attacked at school
(versus 20 percent of suburban students and 24 percent of students from cities). Thirteen
percent of rural students feared being attacked while going to and from school - slightly
higher than the rate for suburban youth (12%), but lower than that of their city
counterparts (19%).
These results indicate that rural youth are experiencing crime at a level and in ways
similar to youth from the cities and suburbs. If these findings are accurate, rural crime
takes on another new face: crime experiences and feelings of vulnerability and risk
exhibit considerable differences by age. Simply put, rural youth have different
experiences with crime than their parents (Donnermeyer, 1994).
Drug Use
It would be impossible to summarize fully the problems and risk behaviors associated
with alcohol and drug use among rural adolescents and adults. Suffice it to say that ruralurban differences in usage rates have declined, and for some substances the rural
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population is ahead. This conclusion is drawn from a review of four national studies: the
American Drug and Alcohol Survey, the High School Senior Survey, the National
Household Survey on Drug Abuse, and the National High School and Beyond (NORC)
Survey. A more detailed summary of patterns of rural alcohol and other drug use can be
found in a special issue of the journal Drugs and Society, edited by Ruth W. Edwards,
entitled "Drug Use in Rural American Communities."
There is little rural-urban difference in the use and abuse of alcohol, and the rural
population may be more at risk because rural residents are more likely to drink in a motor
vehicle. Methamphetamine has become a problem in rural areas, as it is easier to create
methamphetamine labs without being undetected. The rate of marijuana use, especially
among rural adolescents, is only slightly lower than rates of use among urban youth.
Finally, usage rates for certain hard drugs, including inhalants and stimulants, are higher
for rural youth. Tranquilizer use shows no rural-urban differences. However, urban youth
still exhibit higher usage rates for cocaine and cocaine derivatives - heroin and LSD
(Donnermeyer, 1994).
Farm and Ranch Crime
Several specialized victimization surveys of farms and ranches have been conducted in
Arkansas (Voth & Farmer, 1988), Montana (Saltiel et al., 1992), Ohio (Donnermeyer,
1987) and Tennessee (Cleland, 1990). None of these studies calculated victimization
rates in the same fashion as the NCS. Instead, they examined the percentage of operations
that experienced various types of crime within a one-year time period. The results
indicate that vandalism, household-level larceny (mostly in the form of stolen farm
supplies and tools and, on occasion, farm machinery and livestock), and burglary are the
most frequently occurring agricultural crimes. Each year, between one-third and one-half
of agricultural operations experience a crime.
It is rare to find incidents of violent crime occurring among the farm population, and
most of these incidents take place at off-farm/ranch sites. In addition, personal crimes of
theft are relatively rare on agricultural operations, but can occur to the farm and ranch
population at other locations. The surprising statistic from the farm/ranch victimization
studies is that the percentage of agricultural operations that annually experience one or
more burglaries appears to be higher than the percentage for central city households. In
particular, the number of break-ins and illegal entry into barns and other buildings is
high; however, farm/ranch homes are burglarized infrequently. The difference in the
vulnerability of farm/ranch buildings versus the homestead is due to the two simple facts
that the home is the base of operations (someone is normally there) and that many
farm/ranch buildings are in remote locations and cannot easily be kept under surveillance
during the normal routine of chores (especially during the busy times of planting,
harvesting, and herding) (Donnermeyer, 1994).
Gangs: Some Preliminary Evidence From Rural Communities
Despite the focus of media and researchers alike on urban gangs, some gangs already are
operating in rural areas. For example, Abadinsky (1986) documents the drug-dealing and
other criminal activities of motorcycle gangs in many rural areas. More recently, young
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white supremacists and skinhead groups have been active in a number of rural
communities. Despite this evidence, research on rural-based gangs, on how they emerge,
and on their connection to urban gangs simply has not been conducted.
The problem of gangs in rural communities is emerging rapidly. This author has
interviewed nearly 30 law enforcement officers from a variety of rural locations
throughout the United States. Without exception, these officers now see evidence of gang
activity where as recently as five years ago they saw none.
How gangs emerged in rural areas illustrates the way rural and urban areas have become
more closely linked and interdependent, as well as how the social forces that explain
urban crime can be applied to rural areas. Based on such interviews, four models of
urban-to-rural gang migration and one model of rural-to-urban gang migration are
described below:
1. Displacement. Rural communities near metropolitan areas (often referred to as
"rurban" areas) may experience an increase in gang activities due to the
displacement effect. Urban police, through various strategies such as saturation
patrol and undercover work, make it "too hot" for a gang to continue all or part of
its operation in the city. The gang moves out to the edge of the metropolitan area
and sets up its operations there.
2. Branch office. A gang from the city targets a small town and the surrounding
area for two possible reasons. The first reason is that this town is near the
intersection of two 4-lane roads and represents a transportation hub in a network
of drug trafficking and other illegal activities. The second reason is that the street
value of drugs in smaller towns is often two or three times higher than it is in
large metropolitan areas, hence offering a market opportunity. Gang members
seek a base of operations, perhaps through a relative or acquaintance who lives in
the area, or by taking over the dwelling place of a "trophy" (i.e., an unattached,
single woman). Sometimes the gang member initially lives in a rural area in order
to get out of the city because another gang or the police are looking for him. The
gang member then organizes the local youth or "wannabees" - youth who are at
risk and prone to drug use, violence, delinquent behavior, and dropping out of
school. Sometimes these local youth have developed romantic images of gangs
based on cinema and television depictions of youth gangs.
3. The franchise. Drug dealers working in rural areas may be seen as equivalent to
"mom and pop" businesses. Some find it advantageous to link up with a gang
from a large city. More money can be made, drugs can be transported more
securely, the latest fad drug is available more quickly, and the local dealer has no
choice but to cooperate or he will be forced out of business by a rival that
establishes an affiliation with a gang, or the gang itself may be showing signs of
moving in directly. For such reasons, a franchise style of gang has emerged in
rural communities.
4. Social learning. A rural juvenile or adult offender is incarcerated in a detention
facility or jail and associates with more hardened and sophisticated detainees from
the city. The person serves time and then returns to his rural community with
more "street smarts" than before. He is able to take over leadership of the local
"wannabees" through a combination of intimidation and superior knowledge.
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5. Hate groups. Skinheads and young members of the Aryan Nation and other white
supremacist groups (many of whom grew up in rural areas) establish their base of
operations in a rural area. From this base they move some or all of their activities
to the fringe of a large city or even into the city, where minority groups can be
targeted (for more information on fighting hate and promoting tolerance, visit
www.tolernace.org).
Although information on the recent emergence of gang activities in rural communities is
new, it is already apparent that the underlying causes of this development are no different
than those experienced by the Puritan Colony of Massachusetts Bay. A large pool of atrisk rural youth is created by these underlying causes, and the growing interdependence
of the rural and urban sectors of American society facilitates the organization of ruralbased youth gang activities in rural communities (Donnermeyer, 1994).
Victims of Domestic and Sexual Violence
Domestic violence and sexual assault victims find themselves in vulnerable positions,
where existing danger is intensified by physical isolation, lack of local services,
transportation and weather issues. It is not uncommon for batterers to isolate victims by
demanding no contact with family, friends, or even neighbors. In rural areas, this
isolation can be magnified: there is no one next door who might hear the sounds of a
beating and who can call for help, there is no public transportation, and no one visits the
home for any reason (Florida Coalition Against Domestic Violence, 1998).
It is imperative to convince state and federal funders, who are primarily concerned with
allocating funds based on the “numbers served” within a community. However, people in
rural areas suffer abuse the same as people living in urban areas. Services need to be
made available to people in all areas because everyone deserves protection from abusive
situations despite the cost and barriers that arise.
While far less research has been conducted about rural family violence than family
violence in urban areas, in the publication Rural Crime and Rural Policing (Weisheit et
al. 1994), the National Institute of Justice indicates the following characteristics and
dimensions of rural versus urban family violence:

Recent studies indicate that children in rural communities are as likely, and
possibly more likely, to be abused or neglected than children in cities.

Crimes such as homicide, rape, and assault are more likely to occur among
acquaintances in rural areas than in urban areas.

While limited surveys of the level of rural domestic violence have been
conducted, an Ohio study found that the least populated jurisdictions had the
highest rates for domestic violence disputes.

Although rural families face the same drug, alcohol, poverty, and stress problems
as do families who live in metropolitan areas, rural communities typically have
fewer resources.
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Many rural counties have very low populations. Currently, one out of three rural counties
(850) has fewer than 10,000 residents. This presents a challenge to establishing even
basic services for crime victims, such as counseling for child abuse victims and shelters
for battered women. Many rural domestic violence victims face the additional problem of
not only having to leave their home to find safety but their community as well. Often, the
nearest shelter may be several communities and many miles away. Not only are these
victims forced to leave whatever support network is available, but also their children
must be taken out of school in order to reach safety.
The effects of geography also pose serious problems for rural family violence victims.
Distance affects the response time and the speed with which law enforcement and
emergency services respond to victims' calls for assistance. While urban areas judge
emergency response time in minutes, access to medical treatment in rural areas generally
takes longer. In addition, rural law enforcement waits longer for backup assistance, thus
forcing difficult decisions by on-site personnel between responding to dangerous
situations alone or delaying critical emergency responses.
Overall, the issues of rural family violence and rural justice have not received national
attention in the development of policies and protocol for law enforcement or other areas
of the criminal justice system. In light of the relative scarcity of resources in rural-remote
areas, the need for collaboration within the criminal justice system and neighboring
communities is critical. It is essential that victim assistance programs target the
identification of other service organizations and criminal justice agencies that are
available for and/or interested in coordinating and collaborative efforts. The unique needs
of rural-remote victims must be viewed with an eye toward unique solutions that
maximize current community and neighboring area resources.
A Profile of the Rural Offender
According to the FBI's Uniform Crime Reports section on arrest data, 870,725 persons
were arrested by law enforcement agencies covering rural jurisdictions. A comparison of
arrest data in the UCR reveals two similarities and two differences in the profile of rural
and urban offenders. Rural offenders are arrested for various offenses in roughly the same
proportion as persons arrested by suburban and urban law enforcement agencies. This
pattern is confirmed by Laub (1983), who analyzed victims' knowledge of offenders for
violence, theft, and household crimes in the NCS. Another similarity is that about four
out of five rural persons arrested are male, which is only one or two percentage points
above the proportion of males arrested in the suburbs and cities.
The two differences involve the race and age of persons arrested. About four out of five
rural offenders are white, and about one offender in eight is black. Three percent are
Native Americans and one percent are Asian. In contrast, arrests in the suburbs and cities
show a lower rate of white arrests - 21 percent (suburbs) and 32 percent (city), than black
arrests - 78 percent (suburbs) and 66 percent (city). The second difference is that persons
arrested in rural areas are older. For example, about 3 percent of rural arrestees are below
the age of 15, and 10 percent are 18 years of age and younger. Nearly 40 percent of all
rural arrests are of persons 25 years of age and younger. In suburban areas, about 4
percent are 15 years of age and younger, 13 percent are age 18 and younger, and 42
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percent are 25 years old and younger. In cities, the ages of persons arrested becomes even
younger. Slightly more than 6 percent of persons arrested in cities are 15 years old and
younger. Almost 18 percent are 18 years of age and younger, and 47 percent are 25 years
of age and younger.
Arrest profiles hardly tell the full story of rural offenders. Self-report studies, largely of
rural juveniles concerning the commission of vandalism, violent crime, property crime,
and the use of alcohol and other drugs, adds further evidence to the conclusion that rural
crime is a serious problem. These studies show that rural youth are as prone to the
commission of delinquent acts as urban youth (Donnermeyer & Phillips, 1982 and 1984;
Edwards, 1992). The only difference is that rural youth are slightly less likely to commit
more serious offenses, a difference that was far greater in the early rural delinquency
studies cited near the beginning of this paper. Once again, rural communities are on the
"same train" and the caboose is not that far behind the front engine.
Why do rural residents, in particular adolescents, commit criminal offences? Again, the
answer goes back to the same economic, social, and cultural forces discussed earlier.
Institutions that reinforce law-abiding behavior (primarily family, church, and school)
have become weaker, while peer and other groups that encourage law-breaking behavior
have gained in influence. The rural sector of American society is no different from the
urban sector. As time goes on, there are more single-parent families and more families in
which both parents work. Schools are consolidated, bigger, and more impersonal.
Although rural persons have consistently shown higher rates of membership in religious
organizations and are slightly more likely to go to church, religion's relative influence has
declined. These trends create a cluster of risk factors that in turn increase the chances that
adolescents will associate with peer groups that teach and reinforce attitudes and promote
behavior that society considers inappropriate, such as using drugs, stealing, destroying
property, resolving conflicts with violence, and so forth. The factors listed earlier create
conditions in which some rural communities are more likely to exhibit weaker institutions
of social control and/or stronger influences from deviance-reinforcing peer and other
groups (Donnermeyer, 1994).
PLANNING STRATEGIES FOR DEVELOPING RURAL ORGANIZATIONS
By taking a systematic, methodical approach to planning a crime prevention strategy, a
community can create a tailored, comprehensive approach to its crime problem(s). The
basic steps for planning a strategy are to:






identify the planners and stakeholders;
set clear goals based on identified crime and violence;
target the population needing help;
tailor activities to help achieve the goals and to help the targeted population;
refine choice of activities; and
take action and evaluate (Office of Justice Programs, Focus on Prevention, 2005).
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Implications for Prevention Programming
While rural crime may suggest the effects of urbanization, it would be incorrect to blame
rural crime problems directly on the nearest large city. Rural society is changing. One of
the consequences of these changes is that crime levels in rural areas are at historic highs
and new problems, such as gangs, delinquency, and drug use by rural youth, have
emerged.
The causes of the increase in crime in rural areas can be reduced to three sets of factors.
The first can be termed opportunity factors. Transportation systems have made rural areas
more accessible today. Many rural areas are urbanizing, and with urbanization comes the
inevitable increase in crime. Lifestyles also have changed. In the past, when most rural
people lived on farms and ranches, the place of work was the same as the place of
residence. Now, most rural people do not work in agriculture. They commute to work.
Rural women have entered the workforce to the same extent as urban women. Children
attend consolidated schools and often stay after school for sports and other extracurricular activities. Rural families have shifted their shopping away from the stores on
Main Street to the nearest shopping mall. These lifestyle changes mean that rural homes
are often vacant, which provides greater opportunity for burglary and other crimes to
occur. Rural neighbors are less likely to know each other and therefore to provide
surveillance of each other's property. Rural residents spend a greater amount of time in
urban locations, such as shopping malls and places of entertainment, where they are at
greater risk of victimization.
The second set of factors represent more basic changes in the social fabric of both the
rural and urban sectors of American society. An underlying cause of violence,
delinquency, drug use, and the emergence of gangs in rural areas has been the weakened
influence of the family, schools, and churches on values and behavior. Rural youth, along
with their urban counterparts, are exposed to images on television and in the movies that
desensitize them to the consequences of violence. A recent report of the American
Psychological Association (1993, pp. 32-33) concluded that:
"There is absolutely no doubt that higher levels of viewing violence on television are
correlated with increased acceptance of aggressive attitudes and increased aggressive
behavior."
The family, school, and church become less influential in later adolescence, and the
probability of engaging in illegal behaviors is determined largely by association with
delinquent peer groups. Since World War II, peer influence has grown stronger while the
influence of family and other societal institutions has grown weaker (Oetting & Beauvais,
1986). As rural youth gain access to a motor vehicle, the informal primary group
relationships of small rural communities diminish in their influence.
The third set of factors involve the economic conditions of poverty found in many rural
communities and the impact of poverty on rural families and young people. In a report
prepared for the Children's Defense Fund, Sherman (1992) indicated that rural children
live in poor families in greater proportions than urban children. Dropout rates of students
in rural schools are higher than in urban areas. Rural schools have fewer resources for
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handling students with special educational needs. Sherman (1992) also cites dozens of
other ways that rural youth are more "at risk" than urban youth. These risk factors
contribute to the volatile mix that includes the influence of the media, delinquency prone
peer groups, the mobility of the population, and a growing network of gangs.
What are the implications for prevention programming of the social, demographic, and
economic forces that have shaped rural America and contribute to rising rates of crime,
violence, alcohol and drug use, spouse and child abuse, emergence of gangs, and fear of
crime? The first and most obvious implication is that rural communities are highly
diverse. Prevention programming needs to be sensitive to this diversity. Success in one
rural community does not translate to success in another. The second implication is that
multi-jurisdictional programming and cooperation of prevention efforts becomes more
problematic in rural communities that may be "side by side" but very different in the
problems they face. Third, models that have been successful in large metropolitan areas
and, for that matter, in smaller cities may be only partially successful or complete failures
in rural environments.
The bottom line is that neither "urban" templates nor "rural" templates can be copied to
address the problems of specific rural communities. Solutions to local problems will
depend on the ability of local leadership to identify accurately and respond effectively to
local problems. Unfortunately, some local rural leaders may be reluctant to admit that a
problem exists or is emerging, making prevention planning difficult, if not impossible.
A scientific rendition of the social forces causing the level of violence and crime in rural
communities to rise can never match the intuitive appeal and succinctness of that Ohio
farmer who summed it up in 14 words: "We are on the same train as city people, but
we're in the caboose." I would only add that some rural communities have moved closer
to the front of the train. If there was ever an opportune moment for prevention
programming to work, it is now and it is in America's rural communities (Donnermeyer,
1994).
Federal Grant Programs that Address Rural Victimization
Rural Domestic Violence and Child Victimization Enforcement Grants at the Office of
Justice Programs improve and increase services available to rural women and children by
encouraging community involvement in developing coordinated responses to domestic
violence and child abuse. Grant recipients include:

The Maine Rural Health Family Violence Initiative coordinates services for
battered women and abused children using health care providers as the first line of
defense. The project fosters collaboration between service providers and law
enforcement, provides on-site intervention, and is developing training programs
that will be tested in four settings, including two Native American health clinics
and the state's largest hospital.

The Greater Rural Assistance and Intervention Network (GRAIN)
comprehensively responds to domestic violence and child victimization in seven
rural counties in northwest Iowa. The project provides direct services, training for
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agencies involved in providing services to victims, develops protocols for law
enforcement and prosecutors to promote victim safety and offender
accountability, and sponsors prevention education for young people.
The STOP (Services Training Officers Prosecutors) Violence Against Women Formula
Grant Program awards funds to states and territories to restructure and strengthen the
criminal justice system's response to violence against women. For example:

The Farm Worker Women Leadership Project in California developed a model for
identifying farm worker women in California communities to receive training in
sexual assault and domestic violence awareness, prevention strategies, and
available resources. In turn, these women train others in their communities about
these issues.
Four percent of the amount budgeted each year for the STOP Violence Against Women
Formula Grant Program is awarded to Indian tribal governments. Examples include:

The Osage Nation in Oklahoma has developed written policies and procedures on
domestic violence for law enforcement officers; the prosecutor and courts are
establishing a more specific domestic violence code; the Osage Nation
Counseling Center has hired a domestic violence/sexual assault counselor who is
available during non-business hours; and the counseling center and the tribal court
are collaborating to set up a treatment group for offenders.

The Eastern Band of Cherokee Indians in North Carolina established a new
shelter, hired a criminal investigator, and provides battered women with court
advocacy to help them navigate the tribal justice system.

The Rosebud Sioux Tribe in South Dakota launched a campaign to raise
awareness about domestic violence. The tribe also made policy and legal changes
to stiffen sanctions against offenders and improve services for battered women.
(The previous section has been excerpted from a report prepared by the Rural Task Force,
Office of Justice Programs, U.S. Department of Justice, Washington DC, 1998.)
Promising Practices

Family Resources Center, Wytheville, Virginia. Family Resources Center, a
private nonprofit agency, provides victim assistance services to victims of child
physical and sexual abuse, sexual assault, stalking, and domestic violence in
seven counties in rural southwest Virginia. The program is supported by both
Victims of Crime Act, and more recently, Violence Against Women Act funding.
In many areas of this part of the state, Family Resources provides the only
services available for crime victims. For example, in Wythe County, where the
Center is located, there are no victim-witness assistance services based in the
criminal justice system.
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Transportation is the number one barrier to victims accessing services in this part
of Virginia. The Center provides transportation for victims to criminal justice
related appointments and to medical, psychological, or other critically needed
treatment providers. However, due to the mountainous terrain throughout the
seven counties served by the Center, such services often pose risks to both
advocates and victims, especially during winter months.
In addition to providing transportation to help reduce the barriers to assistance,
the Family Resources Center operates a toll-free 800 number because over fourfifths of their service area is long distance.
The Center also operates a satellite office to provide victim services to victims
living in isolated jurisdictions without transportation. Services are provided in
outlying counties once a week. With VAWA funding, the Center plans to open a
second office in another isolated location with coverage three to four days per
week.

Alternatives Incorporated of Madison County, Anderson, Indiana. Alternatives
Incorporated of Madison County, Indiana, is a nonprofit organization that serves
victims of adult and child sexual assault, domestic violence, elder abuse and
neglect, and child abuse and neglect. While its primary service jurisdiction is
Madison County, it also provides outreach and support to victims in three other
counties-Hamilton, Hancock, and Henry counties. A total population of 130,000
is located in rural communities throughout the four-county area.
The program receives support from local, state, and federal grants, including
Victims of Crime Act and Violence Against Women Act funding, and in-kind
donations. The program employs four full-time staff and ten part-time volunteers.
Alternatives Incorporated has created a special domestic violence prevention
program entitled HAVEN-Healthcare and Advocates Violence Elimination
Network. The unique program is a collaboration between Alternatives
Incorporated and rural hospitals. It is designed to identify domestic violence
victims within communities and to produce an innovative response to domestic
violence through the health care network.

Sheridan County, Wyoming Crime Victim Assistance Program. The Sheridan
County Prosecuting Attorney and the Women's Center have combined resources
to develop a comprehensive crime victim assistance program in Sheridan County,
Wyoming. The town of Sheridan serves as the county center and has a population
of 14,000. Including several other satellite towns, the total population of Sheridan
County is almost 30,000--a geographic area that encompasses hundreds of miles,
including mountain regions.
The Sheridan County Crime Victim Assistance Program has been in existence in
this rural setting for just over two years. Prior to the establishment of the Crime
Victim Assistance Program, no services were available for crime victims in
Sheridan County, other than those offered by the Women's Center for family
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violence, sexual assault, and child abuse victims. For the most part, these crisis
services tapered off when the victim went to court. The Women's Center and the
County Attorney felt that victims would be more consistently and thoroughly
served with the unique combination of services provided by the Center's
experienced staff, and the information and space made accessible by the County
Attorney's office.
The program has increased the range of victim services in the county. Advocacy
services are now available to all victims of violent crime. Victims of domestic
violence, sexual assault, or child sexual abuse have the added benefit of advocates
trained to provide criminal justice system information, court escort, and other
services. Victims of arson, burglary, homicide, or elder fraud have a place to turn
to for further assistance and support. The program has also increased victim
satisfaction with the prosecutor's office and has assisted the prosecutor's office in
implementing programs to further protect victims' rights. Recent collaborative
efforts have resulted in the development of a comprehensive protocol for the
investigation and prosecution of domestic violence and sexual assault cases
(Wallace and Edmunds 1998).

Carroll County Victims Assistance Program, Carrollton, Ohio. The Victim
Assistance Program in the Carroll County Prosecuting Attorney's Office in
Carrollton County, Ohio, serves victims of domestic violence, child abuse, sexual
assault, felonious assaults, and other serious crimes. With over 50 percent of their
caseload being domestic violence cases, the victim assistance program established
special services for families experiencing domestic violence.
With support from a private foundation, the prosecuting attorney's office started
classes for children who live in domestic violence homes. The program is called
KIDDS-Kids in Domestic Dispute Situations. The classes are held once a week
for two age groups. They last one hour each and to date the program has served
over thirty children. As the program director noted: "This may not seem like a lot,
but we feel we have accomplished something with these kids who have lived in
domestic situations." In addition, as an alternative to jail, the prosecuting
attorney's office also started classes for men who abuse. They meet once a week
in a group with a trained counselor.

Penn State Center for Research on Crime and Justice. The intricate causes of
crime and its impact on rural and suburban communities are examined and
analyzed at the Penn State Center for Research on Crime and Justice.
Communities and crime are being examined in the context, for example, of
different crime rates by victims' age, gender, and race as well as by neighborhood,
including related factors such as the amount of housing, how often residents move
in and out of town, the structure of area families, and economic issues. A
particular focus is on how decisions are made in the criminal justice system by
victims, police, prosecutors, judges, juries, and other groups, and how the results
may affect a community. Additional information about this project is available
electronically from http://www.psu.edu/ur/NEWS/news/crimeresearchcenter.html.
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
Rural Crime Watch. In California, the Rural Crime Watch program is a service of
the California Farm Bureau Federation (CFBF) to assist law enforcement agencies
in sharing information about rural crimes. Extensive information is available in
both paper and electronic formats on equipment thefts, commodity thefts, Rural
Crime Task Force meetings, information and tips about thefts and scams, and
information about rural crime prevention programs. The CFBF Web site
http://www.cfbf.com also contains links that enhance inter county information
exchange as well as information about crime prevention and victim assistance.

Student interns cover bases in four-county rural Tennessee. Through a
collaboration with several colleges in the rural, four-county Tenth Judicial District
of Tennessee, the Victim/Witness Assistance Program at the District Attorney
General's office maintains four offices by relying on student interns to deliver
services to victims and witnesses. The student intern program offers academic
credit to criminal justice and social service majors, providing them with exposure
to the system from the perspective of prosecutors, victims, and witnesses.
Applicants to the Intern Program participate in a training program at the District
Attorney General's office to learn about the role that victims and witnesses play in
the criminal justice system, and they attend General Sessions Court to learn about
court procedures. Interns are assigned to attend preliminary hearings to provide
victims and witnesses with up-to-date information on the status of their cases, and
to help them obtain answers from the prosecutors to any questions that they may
have. Victim/Witness Administrator, Office of the District Attorney General, 10th
Judicial District, 130 Washington Avenue NE, Suite 1, P.O. Box 647, Athens, TN
37371-0647 (423-744-2830).

Support from the clergy. The Victim Witness Division of the Office of the
Prosecuting Attorney, based in Maui, HI, provides more immediate response to
victims on rural Maui and the lesser populated islands of Molokai and Lanai by
involving clergy-based volunteers trained in victimization. The clergy has been a
natural support group in the rural Hawaiian areas, and their participation has
improved cooperation and communication between criminal justice professionals,
victim services, and rural victims. Victim Witness Assistance, Department of the
Prosecuting Attorney, 200 South High Street, Wailuku, HI 96793 (808-2437695).

Multidisciplinary teams and full service response. Malheur County, OR is a
geographically large, culturally diverse, rural county with a small population
(30,000) and a high rate of domestic violence--102 reported cases in the first six
months of 1999. The Domestic Violence Unit was formed to develop immediate
response capability, a consistent protocol for contacting victims and keeping them
involved and informed while their cases are processed, and a collaborative
relationship with community services that provides victims with ongoing support.
Team members (a deputy district attorney, a crisis coordinator, and a police
officer) are bi-lingual, trained domestic violence specialists.
The district attorney is on call to law enforcement 24 hours a day. When a
domestic violence incident occurs, he or she stays in close contact with the police
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officer dispatched to the scene of the crime in order to assess the situation and
insure that information on the case is taken correctly. Arrests are made under a
mandatory arrest law. Following the incident, the Unit Crisis Coordinator meets
with the victim to enhance the safety of the family, to interview potential
witnesses, and to determine the necessity of a restraining or anti-stalking order.
Office of the District Attorney, Courthouse #6, 251 B Street West, Vale, Oregon
97918 (541-473-5127).
ADDITIONAL FEDERAL RESOURCES
There are two types of programs that rural areas should consider when looking for federal
help to accomplish their crime prevention goals: 1) programs directly tailored for rural
applicants; and 2) general programs open to all, including rural applicants.
The following resources--informational and financial--are available specifically for rural
areas and small towns, and include the best sources for more general information. This
section will help communities quickly locate federal resources that can help design and
implement a comprehensive, rural crime prevention strategy.
CLEARINGHOUSES ERIC Clearinghouse on Rural Education and Small Schools
Appalachia Educational Laboratory
P.O. Box 1348
Charleston, WV 25325-1348
1-800/624-9120
http://aelvira.ael.org/erichp.htm
Call for personal assistance in locating the most appropriate resources on education and
schooling in rural areas.
National Clearinghouse for Alcohol and Drug Abuse Information
P.O. Box 2345
Rockville, MD 20847-2345
1-800/729-6686
http://www.health.org
Provides resources on drug and alcohol education, prevention and treatment for the U.S.
Department of Health and Human Services. The Clearinghouse's web site, PREVLINE,
features federal drug prevention resources, including information for rural areas by
keyword search.
National Criminal Justice Reference Service (NCJRS)
P.O. Box 6000
Rockville, MD 20849-6000
1-800/851-3420
http://www.ncjrs.org
http://www.pavnet.org
A clearinghouse for various divisions of the U.S. Department of Justice, NCJRS
disseminates information on law enforcement, courts, corrections, crime prevention, and
victim/witness services. Call to request rural materials or search the web sites for rural
information.
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National Rural Crime Prevention Center
Attn: Domingo Herraiz
Attn: Joseph F. Donnermeyer
6543 Commerce Parkway, Suite R
Dublin, OH 43017
614/761-0500
http://www.ncrle.net
Distributes 21 brochures on home and farm crime prevention in small towns and rural
areas. Studies rural gangs, violence, crime, victimization, law enforcement and drug use.
National Rural Law Enforcement Center
Criminal Justice Institute
University of Arkansas at Little Rock
2801 South University Avenue
Little Rock, AR 72204
501/570-8000
Provides education, training, technical assistance, clearinghouse services and networking
opportunities for rural law enforcement agencies.
Rural Information Center
National Agricultural Library
10301 Baltimore Boulevard
Room 304
Beltsville, MD 20705-2351
1-800/633-7701
http://www.nal.usda.gov/ric
Provides specialized information on youth development programs involving agriculture,
substance abuse prevention, after-school programs, 4-H, parenting and other services
operated out of land grant university and cooperative extension efforts (Office of Justice
Programs, Focus on Prevention, 2005).
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Adapted from the National Victim Assistance Academy Textbook, 2002; Chapter 22,
Section 6.
References
Bureau of Justice Statistics (BJS). 1999. Criminal Victimization 1998: Changes 1997-98
with Trends 1993-98. Washington, DC: U.S. Department of Justice.
Center for Disease Control (CDC) and National Center for Injury Prevention and Control
(NCIPC). November 1997. Family and Intimate Violence Prevention Program:
Coordinated Community Responses. Atlanta, GA: Author.
Federal Bureau of Investigation (FBI). 1998a. Uniform Crime Reports, Crime in the
United States, 1983-1997/Crime Rates, Offenses Known to the Police. Washington, DC:
U.S. Department of Justice.
Federal Bureau of Investigation (FBI). 1998b. Uniform Crime Reports for the United
States, 1997. Washington, DC: U.S. Department of Justice.
Federal Bureau of Investigation (FBI). 13 December 1998. Uniform Crime Reports,
January-June 1998. Press Release. Washington, DC: U.S. Department of Justice.
Greenfeld, L., and S. Smith. 1999. American Indians and Crime. Washington, DC: U.S.
Department of Justice, Bureau of Justice Statistics.
National Court Appointed Special Advocates Association. 1999. "Tribal Court CASA
Program Descriptions." Seattle, Washington.
Office for Victims of Crime. October 1997. Report to Congress. Washington, DC: U.S.
Department of Justice, Office for Victims of Crime.
Rural Task Force. 1998. Report. Washington, DC: U.S. Department of Justice, Office of
Justice Programs.
Seymour, A. 1998. Responding to Victims of Campus Crime, draft report. Washington,
DC: National Criminal Justice Association.
Snyder, H. and M. Sickmund. 1999. Juvenile Offenders and Victims: 1999 National
Report. Washington, DC: U. S. Department of Justice, Office of Juvenile Justice
Delinquency and Prevention.
U.S. Census Bureau. 1997. Statistical Abstract of the U.S. Washington, DC: Author.
Wallace, H. and C. Edmunds. 1 July 1995. America's Forgotten Crime Victims. Grant
proposal to U.S. Department of Justice, Office for Victims of Crimes.
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Wallace, H. and C. Edmunds. November 1998. Responding to Rural Crime Victims: An
Overview of Local, State, and National Initiatives, draft. Washington, DC: U.S.
Department of Justice, Office for Victims of Crime.
Weisheit, R. A. et al. 1994. "Rural Crime and Rural Policing." Research in Brief
(October). Washington, DC: National Institute of Justice.
Additional References
Florida Coalition Against Domestic Violence, 1998.
Office of Justice Programs, Focus on Prevention, 2005.
Donnermeyer, J. Crime and Violence in Rural Communities, 1994.
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Chapter 7 Direct Services
Special Topics Supplement: Victimization of
Individuals with Disabilities
Learning Objectives
Upon completion of this chapter, students will understand the following concepts:

The scope and causes of victimization of individuals with disabilities.

How the Americans with Disabilities Act of 1990 applies to criminal and juvenile
justice and private nonprofit victim assistance programs.

How to use appropriate terminology to effectively respond to victims with
disabilities.

Strategies for meeting the needs of crime victims with disabilities.
Statistical Overview

Approximately 54 million Americans report some level of disability, and 26
million of them describe their disability as severe (Holmes 1999).

Between 4 and 5% of Americans have a developmental disability, including
mental retardation, autism, cerebral palsy, and severe learning disabilities
(LaPlante and Carlson 1996).

About 11 million women (29%) over the age of forty-five have conditions that
limit their activities, compared with 9 million men (25%) (Hasler 1991) .

Research consistently shows that women with disabilities, regardless of age, race,
ethnicity, sexual orientation or class, are assaulted, raped, and abused at a rate two
times greater than women without a disability (Sobsey 1994; Cusitar 1994).

The risk of being physically or sexually assaulted for adults with developmental
disabilities is four to ten times higher than it is for other adults (Ibid.).

The FBI's Uniform Crime Reports show that in 1998, of the 9,235 reported biasmotivated offenses, 27 were motivated by disability bias--14 by anti-physical
disability bias and 13 by anti-mental disability bias (FBI 17 October 1999, 60).

Estimates indicate that at least 6 million serious injuries occur each year due to
crime, resulting in either temporary or permanent disability. The National
Rehabilitation Information Center has estimated that as much as 50% of patients
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who are long-term residents of hospitals and specialized rehabilitation centers are
there due to crime-related injuries (Tyiska 1998).

Research conducted by the National Center on Child Abuse and Neglect
(NCCAN) in 1993 found that children with any kind of disability are more than
twice as likely as children without a disability to be physically abused and almost
twice as likely to be sexually abused. Of all children who are abused, 17.2% had
disabilities (Crosse, Kaye, and Ratnofsky 1993).

Child protective services caseworkers reported that the disabilities directly led to
or contributed to child maltreatment in 47% of maltreated children with
disabilities (Ibid.; Barnett, Miller-Perrin, and Perrin 1997).

A national survey of 860 women found that women with and without physical
disabilities were equally likely (62%) to experience physical or emotional abuse
from husbands, live-in partners or other family members; however, for women
with disabilities the abuse tends to last longer than for women without disabilities.
Women with physical disabilities were also more at risk for abuse by attendants
or health care providers (Young et al. 1997).

A national research project on young male victims of sexual assault in Australia
found that young men with intellectual disabilities are at greatest risk (Colman
1997).
Introduction
The prevention of victimization and the provision of needed services to individuals with
disabilities who are victims of crime are urgent issues that have yet to be
comprehensively addressed by public policy makers, the criminal or juvenile justice
system, and victim assistance service providers. The lack of attention given these issues,
until recently, illustrates the enormous gap that has existed between those who advocate
for the rights of individuals with disabilities and those who work to ensure fundamental
justice in the justice system and advocate for the rights of crime victims.
Throughout the last two decades, these two advocacy movements operated on parallel
tracks and made significant gains on behalf of crime victims and individuals with
disabilities. Achievements include the passage of significant legislation as well as
enhanced and expanded services. As crime victim advocates sought to ensure that victims
are "at the center of the criminal and juvenile justice systems," disability advocates
sought full "inclusion" of individuals with disabilities in communities and services. Many
of the accomplishments of the two movements have been achieved through the joint
efforts of self-advocates in partnership with service providers and allied professionals.
Only recently have the crime victims’ movement and the disability rights movement
intersected with a common concern and national focus. The common ground has
expanded as our awareness of the victimization of individuals with disabilities has
increased and the need to improve our response to victims with disabilities has become
clear. A better understanding of the issues related to victimization and victim assistance
for individuals with disabilities will enable justice professionals and crime victim
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advocates to extend the possibility of justice and healing in the aftermath of a crime to
victims with disabilities. As a result of their shared concern, victims' rights advocates and
service providers and disability rights advocates and service providers have begun to
forge coalitions that ultimately will dramatically improve the treatment of crime victims
with disabilities.
Causes of Disability
The term "disability" is very broad, and there is a wide variety of conditions that can
affect an individual and result in some form of disability. Age of onset, cause, and
manifestation of a disability can be significant factors in treatment of individuals with
disabilities. The effects of a disability on major life activities can range from mild to
severe. The degree and type of accommodation needed for effective service provision for
crime victims with disabilities also varies, depending upon the crime and its impact, the
victim and his/her individual needs.
Developmental disabilities occur early in life and have a life-long effect on development,
adaptive behavior, and learning (i.e., mental retardation, cerebral palsy, severe learning
disabilities, and other neurological conditions). Historically, individuals with
developmental disabilities were often placed in state-operated institutions as infants or
children where they were isolated from family and society. When widespread physical,
emotional, and sexual abuse and neglect of the "patients" in many public facilities were
documented in the 1970s and early 1980s, advocates for individuals with developmental
disabilities successfully launched the movement to "deinstitutionalize" people with
developmental disabilities. "Mainstreaming"--enabling people with developmental
disabilities to participate in the "mainstream of society" within the community--became
the goal. As a result, community-based services, such as group homes, other assisted
living arrangements, and day programs, have expanded tremendously in the last two
decades. However, many individuals continue to live in state and private institutions, and
issues related to their vulnerability to abuse and neglect remain a concern of family
members and advocates. In addition, in recent years the victimization (sexual assault,
financial exploitation, and emotional abuse) of people with developmental disabilities
who live in the community has been identified as a concern.
The treatment and educational response to an individual's hearing loss or vision loss may
vary, depending upon the cause, when it occurred, and whether the individual has any
hearing or sight. Physical disabilities such as hearing or vision loss can be congenital or
occur later in life as the result of an illness, accident, or injury due to a violent crime.
Previously it was thought the best "special education" that children who were diagnosed
with deafness or blindness at a young age could receive was in a special residential
school away from family and community. Today, such education services are provided in
local public schools. Differences in educational approaches for individuals who are deaf
or hard of hearing or blind may result in these individuals being more comfortable with
different methods of communicating or moving. For example, some individuals who are
deaf or hard of hearing are comfortable with sign interpreters while others prefer lipreading; some may be comfortable with written material while others are not. Some
individuals who are blind use a cane; some do not. Not all people who are blind read
braille; some use scanners to read written material and others are accustomed to readers.
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Disabilities that affect mobility and/or the ability to function independently (i.e., spinal
cord injury) can occur in conjunction with a congenital condition or can occur in
childhood, adolescence, or adulthood as a result of an automobile accident or crash,
diving, or other accident or injury. Rehabilitation for such injuries is often a lengthy,
difficult process involving medical treatment, physical and occupational therapy,
counseling, vocational training, and other support services. In addition, people whose
lives are changed in this way experience countless adjustments as they adapt to changes
imposed by the disability.
The likelihood that an individual will have a disability increases with age, in part because
the progression of many diseases can have disabling effects that limit activity and many
aspects of daily life (i.e., heart disease, multiple sclerosis, diabetes, and many others). In
addition, some conditions that occur predominately among the elderly affect memory and
intellectual functioning as well as the ability to care for oneself and live independently
(i.e., Alzheimer's disease). Individuals with such conditions are often cared for at home
by family members or treated in nursing homes or other care facilities.
DISABILITIES CAUSED BY VIOLENT CRIME
Millions of people suffer injuries as a result of criminal victimization each year, and
many of these injuries cause long-term disabilities. Examples include assault victims who
suffer gunshot wounds that cause spinal cord damage or blindness; victims of drunk or
drugged drivers who suffer the loss of a limb, spinal cord injuries, or head injuries that
cause traumatic brain injury; infants who suffer the effects of "shaken baby syndrome"
and sustain severe brain injury and resultant developmental disabilities; children who are
victims of severe physical abuse whose emotional and physical development is affected;
or victims of domestic violence who sustain permanent injuries as a result of a single
battering incident or repeated battering over a period of several years.
For many of these victims, the traumatic impact of the victimization is compounded by
the life-changing impact of the disabling condition. The combination of these
circumstances, imposed abruptly and unexpectedly, can have a profound emotional
impact. Depending upon the disability, the impact may be seen in many areas. For
example, mobility or the ability to live and travel independently may be affected and loss
of employment and change in economic status may result. In addition, the impact is felt
by family members who also experience changes in relationships and "the loss" of the
way their lives had been. While coping with medical or mental health treatments and
rehabilitation and these unexpected life changes, individuals who acquire a disability as
the result of a crime may also have to cope with involvement with the criminal or
juvenile justice system as a victim and/or witness.
Sensitivity to the needs of these crime victims and their physical and emotional recovery
process is essential to providing effective victim assistance. In addition to providing
information about the status of the case and facilitating participation in criminal or
juvenile justice proceedings, victim assistance may need to coordinate a broad range of
community resources and referrals and long-term support. Coordination with other
service providers (medical, rehabilitative, income assistance, housing, etc.) may be
necessary. Financial remedies such as crime victim compensation, criminal restitution,
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and civil actions against the perpetrator and other persons responsible are very important
in such cases.
Attitudes and Myths About Disabilities
There are tens of millions of Americans with disabilities, many of whom have been
victims of crime and most of whom are at risk of being victims of crime. Societal
attitudes toward individuals with disabilities often reflect negative stereotypes and a lack
of knowledge. Attitudinal barriers are usually subtle but discernible. Examples include
reactions of disgust, pity, or discomfort expressed both verbally and non-verbally, overtly
and covertly.
Tyiska (1998) discusses three myths about individuals with disabilities that were
identified at an OVC-sponsored national symposium held to discuss issues related to
assistance for victims with disabilities. Each of these myths is based on negative
stereotypes and interferes with many people's ability to relate and interact with
individuals with disabilities.

First, the "perception that people with disabilities are suffering," and should be
extended charity and kindness instead of rights and responsibilities.

Second, people with disabilities are not capable of making decisions for
themselves and need others to manage their lives.

Third, many people fear contact with people who have disabilities as if the
condition were contagious. This stems from a fear of whatever is "unfamiliar" and
different and a lack of information, knowledge, and experience. Anyone who is
perceived as different from the "norm" is suspect and marginalized.
In 1990, Dick Sobsey outlined five "cultural myths" surrounding people with disabilities
that serve to undermine their individuality and value as people, and even contribute to
their vulnerability to abuse.

The "Dehumanization" Myth: Labels such as "vegetative state" suggest that a
person with a disability is something less than a full member of society and serves
to dehumanize the individual. Thus, perpetrators may rationalize their abusive
behavior as not really injuring another person.

The "Damaged Merchandise" Myth: Similar to "dehumanization," this myth
asserts that the life of the individual with a disability is "worthless" and thus he or
she has nothing to lose. This thinking is aligned with advocates for euthanasia of
children with severe disabilities, who rationalize that such killing is in the best
interest of the child. For example, a well publicized case in Canada, argued in the
courts through 1997, involved a father's so-called "compassionate homicide" of
his thirteen-year-old daughter with cerebral palsy.

The "Feeling No Pain" Myth: With this myth, people with disabilities are thought
of as having no feelings or as being immune to pain and suffering. There is no
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basis for this myth and, in fact, individuals with disabilities experience the same
range of emotions found in any person.

The "Disabled Menace" Myth: Perceived as "different," individuals with
disabilities are often considered unpredictable and dangerous, whether or not
there is any foundation for the fear. Adherence to this myth may motivate people
to prevent community facilities, such as group homes for adults with mental
retardation, from being developed in their neighborhoods.

The "Helplessness" Myth: Beliefs or perceptions that individuals with disabilities
are "helpless" and unable to take care of themselves undermine their self-esteem
and ability to take on decisions related to daily life. This in turn, makes the
individual more vulnerable to abuse and manipulation.
These attitudes undermine the individual's self-advocacy and increase vulnerability.
Sobsey suggests that "changing societal attitudes towards persons with disabilities" is
important to long-term empowerment and the prevention of abuse. Through
empowerment and self-advocacy, individuals with developmental disabilities will better
be able to protect themselves from abuse or seek assistance to end it.
Scope of the Problem of Victimization of Individuals with Disabilities
There is no definitive or comprehensive source of information on the extent of the
problem of victimization of individuals with disabilities. However, considerable research
conducted over the last two decades consistently suggests that individuals with
disabilities are as likely or more likely than nondisabled individuals to be victimized by
crime. Research consistently reports that children and adults with disabilities are at much
greater risk of physical, sexual, and emotional abuse (Sobsey and Mansell 1990, 1998;
Sobsey and Doe 1991; Sobsey 1994, Sobsey et al. 1994; Doucette 1986; Crosse, Kaye,
and Ratnofsky 1993; Baladerian 1991). In addition to the growing evidence of
victimization, anecdotal evidence suggests that crimes against individuals with
disabilities are seriously underreported, and that when it is reported, victims are not
believed and cases are not prosecuted (Sorensen 1997; Petersilia 1997; Sanders et al.
1997). Finally, it appears that few victims with disabilities ever reach victim assistance
programs for assistance and support.
In addition, concerns about violence against women with disabilities are growing among
disability advocates and researchers (Chenoweth 1996; Young et al. 1997; HarnessDiGloria 1999). In 1995-1996, a survey was conducted by Berkeley Planning Associates
under a federal grant entitled Meeting the Needs of Women with Disabilities: A Blueprint
for Change. The survey sought input from women with disabilities about the importance
of various research and policy issues. Issues relating to violence and abuse were rated as
the number one priority of survey respondents.
THE VICTIMIZATION OF CHILDREN WITH DISABILITIES
The issue of child abuse and disabilities emerged in the mid-1980s; however the full
extent of the problem was not known until a national study was mandated by Congress in
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1988 (Crosse 1993). Early efforts in this area focused on the dual problem of the abuse of
children with disabilities and the disabling effects of child abuse. Early programs
combined the expertise of child abuse diagnostic and treatment specialists with the
expertise of specialists in developmental and other disabilities in children:



The Center for Child Protection-Children's Hospital and Health Center. In 1986,
the Center for Child Protection in San Diego, California, developed one of the
nation's first forensic assessment protocols for victims of sexual assault who have
developmental disabilities. The Center offers specialized assessment and
treatment to approximately 1,200 child victims of sexual assault each year, many
of whom are disabled, including a four-week course for children who are
scheduled to testify in court (Grayson 1992).
Boys Town National Research Hospital, Center for Abused Children with
Disabilities. The Center, located in Nebraska, provides evaluation and treatment
for 250 to 500 abused children with communication disorders each year. It offers
a short-term residential program, specifically for abused hearing-impaired
children and their families, and is the only program of its kind in the nation. The
Center employs staff with disabilities, who thus serve as role models for the
children and parents. In addition, the Center has developed protocols for police
and child protection workers which assist them in conducting investigations of
abused children with disabilities (Ibid.).
In 1991, Nora J. Baladerian, Ph.D., released a report from the Spectrum Institute
in Culver City, California, entitled, Abuse Causes Disability. The report
summarized the literature related to child abuse, its devastating impact, and the
frequency with which children who are abused have disabilities. Dr. Baladerian
called for a national program to combat the devastating and debilitating impact
that child abuse has on children (Baladerian 1991).
In 1993, the National Center on Child Abuse and Neglect (NCCAN) released the findings
of a comprehensive national study entitled A Report on the Maltreatment of Children
with Disabilities. The Report was prepared in response to Section 102(a) of the Child
Abuse Prevention, Adoption, and Family Services Act of 1988 (P.L. 100-294). The study
focused on maltreated children who had physical, intellectual, or emotional disabilities.
Much of the information in the Report is based on data collected from a representative
sample of thirty-five child protective service (CPS) agencies, which provided information
on all cases of substantiated maltreatment of children over a six-week period in 1991.
Information was collected on cases involving 1,834 children whose maltreatment was
substantiated. The study found the following:

An estimated 23 out of 100 children in the United States are maltreated each year.

Of children who are abused, 17.2% had disabilities, and of all children who were
sexually abused, 15.2% had disabilities.

Abused children with disabilities were more likely to be male and generally older
than children without disabilities who were abused.
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
The incidence of maltreatment (number of children maltreated annually per 1,000
children) among children with disabilities was 1.7 times higher than the incidence
of maltreatment for children without disabilities. (The rate was 2.1 times higher
for children who were physically abused; 1.8 times higher for sexually abused
children; and 1.6 times higher for neglected children.)

The disabilities directly led to or contributed to child maltreatment in 47% of
maltreated children with disabilities. The most common disabilities noted were
emotional disturbance, learning disability, physical health problems, and speech
or language delay or impairment. (Crosse, Kaye, and Ratnofsky 1993).
Based on the results of this study, six recommendations were made:
1. Risk assessment approaches used in child protective services (CPS) agencies should
include the child's specific disabilities as a risk factor.
2. CPS caseworkers should be educated on the relationship between maltreatment and
disabilities, on identifying disabilities, and on making appropriate referrals for children
with disabilities.
3. Professionals who come into contact with children with disabilities should be educated
on the relationship between maltreatment and disabilities, on identifying disabilities, and
on making appropriate referrals for children with disabilities.
4. State and federal systems that report information on cases of child maltreatment should
include uniform information on whether or not children have disabilities.
5. Caseworkers in CPS agencies and professionals in other settings should provide
specialized services to prevent maltreatment in families who have children with
disabilities.
6. Future research should continue to study the relationship among child maltreatment,
race/ethnicity, and disabilities, and on the causal relationship between disabilities and
maltreatment (Crosse, Kaye, and Ratnofsky 1993).
Response to Crime Victims with Disabilities
The victimization of individuals with disabilities was largely overlooked on the national
level prior to passage of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101).
The ADA provided a new framework for governmental and nonprofit agencies
responding to individuals with disabilities. Since its implementation, the Department of
Justice and other federal agencies have initiated a variety of efforts to provide
information to state and local criminal and juvenile justice agencies and victim assistance
programs on the intent and requirements of the Act. However, despite these efforts, many
programs that serve crime victims lack a full understanding of whether their program is
covered by the Act andwhat is required. The two sections of the Act that are of particular
importance to justice systems and victim assistance programs are described below. Other
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significant national efforts and legislation pertaining to individuals and victims with
disabilities are also described.
THE AMERICANS WITH DISABILITIES ACT OF 1990
On July 26, 1990, landmark federal legislation, the Americans with Disabilities Act
(ADA) (Pub. L. 101-336; 42 U.S.C. 12101), was enacted to provide comprehensive civil
rights protection to people with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunications. A
fundamental purpose of the ADA is to promote the full integration of individuals with
disabilities into the "mainstream" of society.
In the legislation, Congress articulated a number of findings (Section 12101), which
include the following passages:

historically, society has tended to isolate and segregate individuals with
disabilities, and, despite some improvements, such forms of discrimination
against individuals with disabilities continue to be a serious and pervasive social
problem;

discrimination against individuals with disabilities persists in such critical areas as
employment, housing, public accommodations, education, transportation,
communication, recreation, institutionalization, health services, voting, and access
to public services;

unlike individuals who have experienced discrimination on the basis of race,
color, sex, national origin, religion, or age, individuals who have experienced
discrimination on the basis of disability have often had no legal recourse to
redress such discrimination;

individuals with disabilities continually encounter various forms of
discrimination, including outright intentional exclusion, the discriminatory effects
of architectural, transportation, and communication barriers, overprotective rules
and policies, failure to make modifications to existing facilities and practices,
exclusionary qualification standards and criteria, segregation, and relegation to
lesser services, programs, activities, benefits, jobs, or other opportunities;

census data, national polls, and other studies have documented that people with
disabilities, as a group, occupy an inferior status in our society, and are severely
disadvantaged socially, vocationally, economically, and educationally;

individuals with disabilities are a discrete and insular minority who have been
faced with restrictions and limitations, subjected to a history of purposeful
unequal treatment, and relegated to a position of political powerlessness in our
society, based on characteristics that are beyond the control of such individuals
and resulting from stereotypic assumptions not truly indicative of the individual
ability of such individuals to participate in, and contribute to, society;
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
the Nation's proper goals regarding individuals with disabilities are to assure
equality of opportunity, full participation, independent living, and economic selfsufficiency for such individuals; and

the continuing existence of unfair and unnecessary discrimination and prejudice
denies people with disabilities the opportunity to compete on an equal basis and to
pursue those opportunities for which our free society is justifiably famous, and
costs the United States billions of dollars in unnecessary expenses resulting from
dependency and nonproductivity.
The requirements of two specific sections of the ADA are especially important for
government-based and private nonprofit programs that serve victims of crime. These
sections are Title II, which covers public entities and Title III, which covers public
accommodations, including private entities that own, operate, or lease places of public
accommodation.
Qualified individuals with disabilities. The ADA extended broad civil rights protection
to people with a wide range of disabilities. U.S. Department of Justice regulations that
implement Titles II and III (28 CFR Part 35 and 36) provide the following definitions:

Disability, with respect to an individual, is defined as:
o
o
o
A physical or mental impairment that substantially limits one or more of
the major life activities of such individual.
A record of such impairment.
Being regarded as having such an impairment.
If a person meets any one of the three criteria listed above, then the person is
covered by the Act. Major life activities include functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.

Under this definition, the term physical impairment means any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems:
o
o
o
o
o
o
o
o
o
o
o
Neurological.
Musculoskeletal.
Special sense organs.
Respiratory (including speech organs).
Cardiovascular.
Reproductive.
Digestive.
Genitourinary.
Hemic (blood).
Lymphatic.
Skin and endocrine.
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
The term mental impairment means any mental or psychological disorder such as:
o
o
o
o
Mental retardation.
Organic brain syndrome.
Emotional or mental illness.
Specific learning disorders.
Although no comprehensive list of all of the specific conditions that would
constitute physical or mental impairments exists, the ADA is thought to cover
hundreds of disabling conditions. Examples of specific physical or mental
impairments covered by the ADA include such contagious and noncontagious
diseases and conditions as:

Orthopedic, visual, speech, and hearing impairments.

Cerebral palsy.

Epilepsy.

Muscular dystrophy.

Multiple sclerosis.

AIDS/HIV infection (symptomatic or asymptomatic).

Cancer.

Heart disease.

Diabetes.

Mental retardation.

Specific learning disabilities.

Emotional illness.

Tuberculosis.

Drug addiction.

Alcoholism.
Individuals who currently engage in the illegal use of drugs are not protected by the ADA
when an action is taken on the basis of their current illegal drug use.
Title II of the ADA: Nondiscrimination on the Basis of Disability in State and Local
Government Services. Title II of the ADA prohibits discrimination on the basis of
disability by public entities, and extends the nondiscrimination mandate of section 504 of
the Rehabilitation Act of 1973 to all state and local government services regardless of
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whether the entity receives federal financial assistance. This includes all activities,
services, and programs of state legislatures, courts, town meetings, police and fire
departments, motor vehicle licensing, and employment.
More specifically, the ADA prohibits a public entity from excluding or denying the
benefits of services, programs or activities to a "qualified individual with a disability," on
the basis of the disability. A "qualified individual with a disability" means an individual
with a disability who meets the "essential eligibility requirements" for the services or
participation in the programs or activities, regardless of whether reasonable modifications
are needed to do so. In other words, any individual who would normally be eligible for a
service that is offered (for example, counseling or information and referral provided by a
victim assistance program) cannot be denied that service just because the person has a
disability.
In order to ensure access to all government-sponsored programs, services and activities
must make reasonable modifications to policies, practices, or procedures. This includes
the removal of architectural, communication, and transportation barriers and the
provision of auxiliary aids and services to ensure that communication with individuals
with disabilities is as effective as communication with others.
Communication
State and local government programs must ensure effective communication with
individuals with disabilities by providing appropriate auxiliary devices. A wide range of
devices is currently available that afford an individual with equal opportunity to
participate in programs and services. In determining the most appropriate auxiliary
communication aid, service providers should defer to the preference of the individual
whenever possible.
The types of devices or services that facilitate communication vary significantly. A
particular device or service may be preferred by some and yet be completely
inappropriate for others with the same type of disability. For example, some people who
are deaf prefer sign language interpreters while others do not sign at all. A public entity
may not charge an individual with a disability for the use of any auxiliary aid.
The following examples of auxiliary aids and services make aurally delivered material
available to individuals with hearing impairments:

Qualified interpreters, note takers, transcript services, written materials, assistive
listening devices, telecommunications devices for the deaf (TDDs), videotext
displays, closed caption decoders, and telephones compatible with hearing aids.
The following examples of auxiliary aids and services make visually delivered material
available to individuals with visual impairments:

Qualified readers, taped texts, audio recordings, brailled materials, and large print
materials.
If provision of the auxiliary aid would result in a fundamental alteration of the
nature of the service, program, or activity or is an undue financial or
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administrative burden, public entities are not required to provide them. However,
public entities are still required to provide another auxiliary aid, if available, that
would not have these results.
Other Barriers to Accessibility
Public entities must ensure that individuals with disabilities are not excluded from
services, programs, or activities because buildings are not accessible. Where possible,
barriers should be removed. The public entity may comply with the program accessibility
requirement by delivering services at alternate accessible sites, providing an aide or
personal assistant, or providing the service at an individual's home. Government
programs may not provide access by physically carrying an individual with a disability
(for example, up a flight of stairs), except in "manifestly exceptional" circumstances.
While it is not necessary to remove physical barriers, such as stairs, in all existing
buildings, any newly constructed or renovated buildings must be free of all architectural
and communication barriers that restrict access or use by individuals with disabilities.
The purpose for the removal of barriers and the use of communication aids is to:

Make services and programs accessible to, or usable by, individuals with
mobility, manual dexterity, hearing, or visual impairments in the most integrated
setting possible.

Promote the inclusion of people with disabilities in programs, services, and
activities of all public entities.

Ensure that individuals with disabilities enjoy any right, privilege, advantage, or
opportunity received by others who receive any aid, benefit, or service.
Separate programs or services provided to people with disabilities are not permitted in
most instances unless the separate programs are necessary to ensure that the benefits and
services are equally effective. Even when such programs are available, an individual with
a disability still has the right to choose to participate in the regular program. Further,
programs may not have criteria that "tend to" screen out people with disabilities.
Title III: Nondiscrimination on the Basis of Disability by Public Accommodations and
in Commercial Facilities. Title III of the ADA prohibits discrimination on the basis of
disability by public accommodations and requires that public accommodations and
commercial facilities (including social service agencies) be designed and altered to meet
accessibility standards. The definition of public accommodation in Title III includes
twelve categories of facilities, one of which is "social service center establishments."
Implementing regulations (28 CFR Part 36) specifically include rape crisis centers,
substance abuse treatment centers, and homeless shelters among the types of
establishments that are included.
The requirements of Title III are similar in intent to those of Title II. Public
accommodations must satisfy the following requirements:
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
Provide services in an integrated setting, unless separate measures are necessary
to ensure equal opportunity.

Make reasonable accommodations in policies, practices, and procedures that deny
equal access to individuals with disabilities, unless doing so would fundamentally
alter the nature of the services.

Furnish auxiliary aids when necessary to ensure effective communication, unless
undue burden or fundamental alteration would result.

Remove structural and architectural communication barriers in existing facilities
where readily achievable--"easily accomplished and able to be carried out without
much difficulty or expense."

Provide readily achievable alternative measures when removal of barriers is not
readily achievable.

Maintain accessible features of facilities and equipment.

Ensure that newly constructed public accommodations and commercial facilities
should be convenient to get to, enter, and use for all patrons or employees with
disabilities.
MEETING THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT
In The Americans with Disabilities Act and Criminal Justice: An Overview, Rubin (1993)
suggests the following questions to determine whether a governmental agency is meeting
the requirements of the ADA:

Are any modifications to the agency's policies, practices, or procedures necessary
to ensure accessibility?

Do any eligibility criteria eliminate or tend to screen out a qualified individual
with a disability from enjoying the benefits of these programs, services, or
activities?

Do any policies or practices segregate persons with disabilities from others
participating in these programs, services, or activities?

Are any of these programs, services, or activities delivered at a location or facility
that has the effect of denying persons with disabilities the right to enjoy the
benefits of these programs, services, or activities?

If alternative services are offered to persons with disabilities, are these benefits
unequal to those offered to the public at large?
Rubin suggests that if the answer to any of these questions is "yes," the agency may need
to revise the way it offers its programs, services, or activities.
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For further information about ADA compliance, please refer to the Additional Resources
at the end of this chapter.
NATIONAL LEVEL EFFORTS
On the national level, little attention was given to the issue of how to respond to crime
victims with disabilities until the year the ADA was passed. By 1990, the crime victims'
discipline had achieved significant recognition and VOCA funding had enabled crime
victim assistance and compensation programs to expand services and increase in number.
Several milestones that illustrate the victim service field's growing awareness and
concern about addressing the needs of victims with disabilities are noted below:

In 1990, the National Organization for Victim Assistance (NOVA) first helped to
bring awareness to the many obstacles faced by disabled victims seeking services
with its publication entitled Responding to Disabled Victims of Crime in 1990
(Tyiska 1990).

In 1992, the National Resource Center on Child Sexual Abuse (NRCCSA)
published a comprehensive series of articles, written by research and practitioner
experts, on the sexual abuse of children with disabilities. In addition, the Center's
annual National Symposium on Child Sexual Abuse regularly features a training
track on child victims with disabilities (Baladerian 1992; Pawelski 1992; Sobsey
1992; Tobin 1992).

In 1993, with support from the Office for Victims of Crime, the National Center
for Victims of Crime (NCVC) developed a training curricula entitled DifferentlyAbled Victims of Crime that provides extensive information on how to provide
specialized services and information to disabled crime victims (Gregorie 1994).

In 1993, the National Center on Child Abuse and Neglect (NCCAN) released
findings from a comprehensive national study entitled A Report on the
Maltreatment of Children with Disabilities. The study focused on maltreated
children who had physical, intellectual, or emotional disabilities. It found a
significant correlation between maltreated children and abuse and offered key
recommendations for responding to abused children with disabilities (Crosse,
Kaye, and Ratnofsky 1993).

After the passage of The Americans with Disabilities Act in 1990, the National
Institute of Justice (NIJ), within the U.S. Department of Justice, launched an
initiative to examine the implications of the ADA for criminal justice agencies at
the state and local levels. In 1993, NIJ published The Americans with Disabilities
Act and Criminal Justice: An Overview as a bulletin in its Research in Action
publication series (Rubin 1993).

In 1994, Dick Sobsey's books, Violence and Abuse in the Lives of People with
Disabilities: The End of Silent Acceptance and Violence and Disability: An
Annotated Bibliography, were published. The texts extensively review literature
on violence and abuse toward individuals with disabilities and provide guidance
for prevention of abuse and victimization. Although much of the material focuses
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on individuals with developmental disabilities and abuse in institutions, the books
give new weight to the overall issue of victims with disabilities.

In 1997, the Victims of Crime Committee of the Criminal Justice Task Force for
People with Developmental Disabilities in Sacramento, California, issued its
report outlining evidence of the high rates of violent and criminal victimization of
people with developmental and other substantial disabilities (including mental
retardation, autism, cerebral palsy, epilepsy, traumatic brain injury, severe major
mental disorders, degenerative brain disease such as Alzheimer's, Parkinson's, and
Huntington's, permanent damage from stroke, organic brain damage, and others).
These high rates of victimization, coupled with underreporting of the crimes and
low rates of prosecution and conviction, led the Committee to develop fifty-nine
recommendations to improve the reporting, investigation, and prosecution of such
crimes. In addition, the group called for multidisciplinary teams to provide victim
support and numerous measures to prevent abuse and victimization by service
providers. Finally, the Committee recommended that the Bureau of Justice
Statistics include information on victims with developmental and other substantial
disabilities in its Crime Victimization Survey. Members of the Committee,
including Daniel Sorensen, chair, and Joan Petersilia, presented the
recommendations to the California legislature and to members of Congress
(Criminal Justice Task Force 1997).

On October 27, 1998 the President signed the Crime Victims with Disabilities Act
of 1998 which represents the first effort to systematically gather information on
the extent of the problem of victimization of individuals with disabilities. This
legislation directs the Attorney General to conduct a study on crimes against
individuals with developmental disabilities within eighteen months. In addition,
the Bureau of Justice Statistics must include statistics on the nature of crimes
against individuals with developmental disabilities and victim characteristics in its
annual National Crime Victimization Survey by 2000. The legislation was
sponsored by Senator Mike DeWine (OH), a former prosecutor, and represents an
unprecedented level of attention to an often overlooked crime victim group.
VOCA ASSISTANCE GUIDELINES: PROVISIONS THAT ADDRESS
SERVICES TO VICTIMS WITH DISABILITIES
In 1997, the Office for Victims of Crime modified the VOCA Assistance Guidelines that
give direction and guidance to the states and territories administering VOCA funding to
strengthen its message regarding services to victims with disabilities. According to the
Office for Victims of Crime, VOCA administrators are strongly encouraged to require
state and local programs to meet the needs of disabled crime victims. In the 1997 VOCA
Guidelines, allowable costs to accommodate the needs of crime victims with disabilities
are addressed as follows:

1997 VOCA Guidelines (IV.E.2.d.). The costs of furniture, equipment (such as
braille equipment or a TTY for the deaf), or minor building improvements that
make victims' services more accessible to persons with disabilities are allowable.
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
1997 VOCA Guidelines (IV.E.2.g.). VOCA funds generally should not be used to
support contract services. At times, however, it may be necessary for VOCA
subrecipients to use a portion of the VOCA grant to contract for specialized
services. Examples of these services include assistance in filing restraining orders
or establishing emergency custody/visitation rights (the provider must have a
demonstrated history of advocacy on behalf of domestic violence victims);
forensic examination of a sexual assault victim to the extent that other funding
sources are unavailable or insufficient; emergency psychological or psychiatric
services; or sign and/or interpretation for the Deaf or for crime victims whose
primary language is not English.
THE FIRST NATIONAL SYMPOSIUM ON WORKING WITH VICTIMS OF
CRIME WITH DISABILITIES
The Office for Victims of Crime within the U.S. Department of Justice provided funding
to NOVA to host a two-day "Transfer of Knowledge" symposium on the needs of victims
with disabilities. The symposium convened experts (including victims of crime with
disabilities) from the fields of disability rights and services, crime victims advocacy and
services, and research, January 23-24, 1998, to discuss issues related to the extent of
victimization of people with disabilities and how to improve the capacity and
preparedness of victim service providers to respond effectively to the needs of crime
victims with disabilities.
Highlights of the symposium discussions were published in an OVC Bulletin, entitled
Working with Victims of Crimes with Disabilities (Tyiska 1998). The Bulletin represents
the first attempt to outline recommendations for crime victim and disability advocates,
service providers, and Department of Justice agencies with regard to this important topic.
The Symposium participants developed fifteen recommendations for criminal justice
agencies and victim service programs, eight recommendations for disability rights
specialists, ten recommendations for OVC, and five recommendations for other
Department of Justice agencies. Excerpts from the recommendations for criminal justice
and victim assistance programs are as follows:
Accessibility.
1. Criminal justice agencies and victim service programs should receive training on the
requirements of the Americans with Disabilities Act and should support its vigorous
enforcement. Such agencies and programs should take advantage of technical assistance
that is available and abide by the letter as well as the spirit of the law, ensuring equal
access to the justice system.
2. When full implementation is not immediately achievable, criminal justice agencies and
victim service programs should initiate a transition plan that focuses on obtaining
accessibility by a specified date. Such compliance plans are mandated under Titles II and
III, and should guide the development of incremental steps toward accessibility.
3. Criminal justice agencies and victim assistance programs should be proactive in
acquiring technology that would help crime victims with disabilities to be informed,
present, heard, and understood when they communicate with law enforcement officers,
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prosecutors, judges, and victim advocates, through all phases of the criminal justice
process. (Note: VOCA funds may be used to cover the costs of acquiring assistive
devices and other necessary efforts that enable victim service providers and crime victims
to communicate effectively.)
4. Once the agency is accessible and staff is trained, criminal justice agencies and victim
assistance programs should publicize their ability to work with crime victims with
disabilities by putting the universal symbol of access (a line drawing of a wheelchair) and
a TDD/TTY number on all literature, promotional materials, and business cards issued by
the agency.
Training and networking.
5. Criminal justice and victim assistance personnel should receive training on disabilities,
including instruction on disability cultures. In addition, criminal justice and victim
assistance programs should enlist qualified people with a wide range of different
disabilities to lead the development of policies and programs designed to assist crime
victims with disabilities.
6. Criminal justice and victim assistance programs should reach out to local disability
service organizations, providing information about victims' rights and services.
7. Criminal justice and victim assistance programs should develop coalitions, as well as
cross training and joint training opportunities, with disability advocacy and service
programs to build better working relationships and to improve mutual understanding of
each others' programs and services.
Improved policies, procedures, and protocols.
8. Agencies should implement or extend streamlined interviewing and intake procedures
so that crime victims with disabilities, particularly those with cognitive or communication
disabilities, do not have to undergo repeated interviewing in different locations. A
multidisciplinary approach involving law enforcement, prosecution, victim assistance,
and others as needed, in victim-friendly environments would be far more effective as well
as cost-efficient.
9. Agencies should develop and implement specific protocols on disclosures,
confidentiality, and safety for crime victims with disabilities, particularly where there is
potential for retaliation by a caregiver or a disability services agency. For example, when
a crime victim with a disability reports to law enforcement or others that he or she is
being victimized by a caregiver, the victim should be provided assistance with relocating
or obtaining an emergency replacement caregiver.
10. Criminal justice and victim assistance programs should incorporate into existing
policies, procedures, and protocols the specific inclusion of persons with disabilities who
are victims or witnesses of domestic violence, sexual violence, child abuse, impaired
driving crashes, survivors of homicide victims, or other violent personal crimes, and
economic crimes.
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In conclusion, the author notes that although few networks exist that link victim service
providers with their counterparts in the field of disability, such linkages at the local level
hold the greatest hope for policy and programmatic changes that will improve services
for crime victims with disabilities. Such a partnership, built on mutual respect and a
willingness to share knowledge and ideas, will strengthen the ability of victim and
disability advocates to ensure that all crime victims are afforded fundamental justice and
access to quality, comprehensive services.
RESEARCH FROM THE NATIONAL INSTITUTE OF JUSTICE
In 1997, the National Institute of Justice (NIJ) released a report entitled Americans With
Disabilities Act: Emergency Response Systems and Telecommunications Devices for the
Deaf. As part of NIJ's Research in Action series, the report summarizes results and
lessons learned by the incorporation of telecommunication devices for the Deaf through
TDD capability in Denver, Colorado's 911 telephone emergency response services.
ADMINISTRATION ON DEVELOPMENTAL DISABILITIES INITIATIVES
The Administration on Developmental Disabilities (ADD) in the U.S. Department of
Health and Human Services has given new priority to the issue of preventing
victimization and improving the response to individuals with developmental disabilities
who are victims of crime. In 1998, ADD funded nine discretionary grants primarily to
university affiliated programs which specialize in providing services and training to
professionals who work with individuals with developmental disabilities. A list of the
programs, which are located around the country, along with their major goals is provided
below:

End the Silence. The Institute on Disabilities at Temple University is conducting a
three-year initiative called End the Silence funded by the Administration on
Developmental Disabilities at the U.S. Department of Health and Human
Services. The program approaches crime against people with developmental and
other disabilities as a problem similar to violence against women, child abuse, and
elder abuse. End the Silence recognizes that while much progress has been made
in these three areas, crimes against people with disabilities continues to be largely
invisible and unaddressed in mainstream criminal justice. Part of the initiative is
devoted to self-advocacy. Individuals with disabilities, including victims, are
taking an active role in developing the training material on sexual abuse
awareness and are participating in the pilot training programs.
Program goals are to:
o
o
Develop and disseminate focused training curricula.
Develop communication boards with understandable vocabulary and
symbols to convey risk prevention strategies and disseminate them to
individuals with significant cognitive and speech disabilities and/or assist
these individuals in reporting sexual abuse when it occurs.
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o
o
o
Pilot test the training curricula for law enforcement, victim service
providers, prosecutors, families, and allies in a five-county area around
Philadelphia.
Conduct research and advance systemic change.
Conduct a national public awareness campaign on the victimization of
individuals with disabilities.

Coalition on Disability and Abuse: Equity and Equality Under the Law, Institute
on Disability and Human Development/University of Illinois at Chicago,
Chicago, IL. The purpose of this project is to promote equal treatment by the
criminal justice system of crime victims with developmental disabilities by
developing, piloting, and disseminating a modular training curriculum for
representatives of the criminal justice system, human service providers, and selfadvocacy organizations.

Project Equality: Obtaining Justice Under the Law for People with Developmental
Disabilities, Center on Aging and Developmental Disabilities/University of
Miami, Miami, FL. Criminal justice personnel are required to make reasonable
accommodations to assist individuals with developmental disabilities who
encounter the justice system as victims of crime. This project will develop
training materials for criminal justice professionals and self-advocates. Selfadvocates will receive training about their right to participate in the criminal
justice system and their entitlement to appropriate victim assistance and crime
prevention strategies.

Invisible Victims of Crime-Individuals with Developmental Disabilities, Vermont
Protection and Advocacy, Montpelier, VT. This project is a collaborative effort
among organizations representing people with developmental disabilities and key
criminal justice agencies. The purpose of the project is to educate criminal justice
personnel, allied service providers, and people with developmental disabilities in
understanding and responding to the problem of crime and violence against
people with developmental disabilities.

Advocacy, Collaboration, and Training (ACT) For Justice, A. J. Pappanikou
Center/ University of Connecticut, Storrs, CT. The ACT for Justice Project is
designed to eliminate physical and attitudinal barriers that prevent an equitable
response from the justice system in Connecticut when crimes are committed
against consumers with developmental disabilities. Project objectives are (1)
conduct research and data collection regarding the nature, type, incidence, extent,
and setting of crimes; identify risk factors associated with victims and
characteristics of perpetrators; (2) increase responsiveness to reports of crimes
against individuals with developmental disabilities; (3) develop methodologies
that will promote an increase in self-advocacy behaviors among consumers,
effecting a reduction in risk of victimization; (4) promote equitable prosecution
and sentencing of perpetrators of crimes against persons with developmental
disabilities; and (5) develop and disseminate a model for collaborative,
interagency training that can be adapted and implemented throughout other
communities in Connecticut and the United States.
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
Safety First: Sexual and Domestic Violence Prevention and Response Strategies
for Women with Developmental Disabilities, Metropolitan Organization to
Counter Sexual Assault, Kansas City, MO. This collaborative project of the
Metropolitan Organization to Counter Sexual Abuse (MOCSA), Rose Brooks
Center (a domestic violence service agency), the University of Missouri-Kansas
City University Affiliated Program, and criminal justice organizations has as its
goal the improvement of safety, independence, and productivity of women with
developmental disabilities through enhancement of the current network that
addresses domestic violence and sexual abuse and the enhancement of the
consumer's ability to prevent this violence.

The Arc of Maryland, Annapolis, MD. The Arc of Maryland, in partnership with
The Arc of Southern Maryland and The Arc of the United States, proposes to
develop, pilot, and evaluate an 8-12 class gender violence prevention curriculum
for women and adolescent girls with developmental disabilities.

Personal Safety Awareness Center, Travis County Domestic Violence and Sexual
Assault Survival Center, Austin, TX. The Personal Safety Awareness Center
(PSAC) will create a statewide abuse/violence prevention and intervention
program for persons with disabilities. The project objectives include increasing
awareness of Texans with disabilities, families, caregivers, and disability service
providers about domestic violence; increasing accessibility of domestic
violence/crisis services; and increasing access to counseling/support services for
family violence victims who have disabilities and their families.

Women with Developmental Disabilities Violence Project, Oregon Health
Sciences University, Portland, OR. The goal of this project is to design,
demonstrate, and evaluate a coordinated community education program to
empower women with developmental disabilities to prevent, recognize, and
address violence.
Terminology
Over the last two decades "accepted" terminology related to disabilities has changed
significantly. The term "mainstreaming" was used a decade or more ago to refer to
enabling individuals with disabilities, particularly children who had been placed in
separate special education classes, to participate and receive services in their public
school or community. More recently, the term "inclusion" is used to convey the practice
of including people with disabilities in "regular" programs or services, instead of
special/separate services. "Least restrictive environment" refers to the optimum
environment with the least amount of restriction in which the individual with a disability
can learn, develop, and function as independently as possible. For example, an individual
with a developmental disability may live in a group home that offers fewer restrictions
and more opportunities for independence and community involvement than does living in
an institution.
At the time of enactment of the 1973 Rehabilitation Act, the terms "handicapped" and
"people with handicapping conditions" was used to describe people with disabilities. In
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1990 when the Americans with Disabilities Act was passed, "individuals with
disabilities" was commonly used throughout the statute and its implementing regulations
to refer to the entire population of people who are covered by the protections conveyed in
the Act.
Despite this usage in legislation and laws, one important message is clear: an individual
with a disability may be very comfortable with some terms and very uncomfortable with
others. The "disability community" is not a single entity with a single set of preferences
or concerns about terminology or treatment. In fact, it encompasses a very diverse group
of individuals with disabilities and their family members. It is so diverse because literally
hundreds of physical and mental conditions that limit major life activities, to a mild or
severe degree, are covered by the ADA (for example, diabetes, mental illness, cerebral
palsy, and learning disabilities, all of which may be associated with mild or very severe
disabilities). Thus, there is no single source of information on terminology that is
comfortable to all individuals with disabilities.
INDIVIDUALIZED RESPONSE
The best way to show sensitivity and respect for the preferences of a crime victim who
has a disability is to ask the individual which terminology he or she is most comfortable
with. For example, some individuals who have a loss of hearing are deaf, while others
may have some hearing or be "hard of hearing." The terms "deaf" or "hard of hearing"
may be more preferable to an individual than the term "hearing impaired." To ensure that
the terms you use are not offensive, ask the individual victim for guidance on his or her
individual preferences. Many terms used to describe disabilities or individuals with
disabilities evoke stereotypes that are negative and dehumanizing to the individual. For
example, terms such as "deaf and dumb," "disabled," or "wheelchair-bound" have a
negative connotation and yet have been used by many people to describe individuals with
disabilities. Such terms should not be used.
When designing services for individuals with disabilities, victim assistance providers
should be mindful that many advocates for crime victims with disabilities regard the
terms "special needs" or "special services" as negative and inappropriate. They point out
that victims with disabilities simply want the services to which they are entitled and
request reasonable accommodations to ensure that they are accessible. They do not want
"special services," they want appropriate and accessible services that are individualized to
meet their needs (Tyiska 1998).
Care also should be taken with regard to the term "victim" when working with crime
victims with disabilities. The term "victim" has been used with a negative connotation to
refer to many medical conditions, for example "victim of heart disease" or "victim of
cancer." Many disability advocates have fought to overcome this label, and its use
following criminal victimization may add an additional burden due to prior experience.
This may be a significant issue for some, and not a concern for others. Again, the best
way to ensure sensitive treatment of a crime victim is to ask about individual preferences.
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Guidance for Working with Crime Victims with Disabilities
While no all-encompassing, up-to-date curriculum that outlines strategies for working
with all victims with disabilities is currently available, the following section offers
guidance for victim assistance service programs on addressing the needs of crime victims
with disabilities. These recommended strategies incorporate many of the ideas contained
in Gregorie's Focus on the Future (Gregorie 1994) and the recent OVC Bulletin, Working
with Victims with Disabilities (Tyiska 1998).
The best method of determining what accommodations people with different disabilities
need in order to access services is to solicit the input of individuals with different
disabilities regarding how to make a program or facility accessible. Contacting local
organizations that provide services to individuals with various types of disabilities and
inviting their guidance and collaboration in assessing accessibility and planning
improvements are essential to achieving a truly accessible victim service program--a
program that is barrier-free in both architecture and communication access.
SPECIFIC SUGGESTIONS FOR SERVING CRIME VICTIMS WITH
DISABILITIES

Treat victims with disabilities with compassion, dignity, and respect.

Ask the individual victim how you should communicate most effectively with
him/her.

Address and speak directly to the victim, even if he/she is accompanied or
assisted by a third party.

Ask the individual victim about whether or what type of physical assistance the
individual would prefer, before offering an arm or hand for support or to guide.

Address the victim's safety, expressed concerns, and immediate needs first.

Ask the individual victim if he/she has any transportation or other needs that will
require individualized services or arrangements and then attempt to make
arrangements to meet those needs.

Don't tell the victim with a disability that you admire his/her courage or
determination for living with his/her disability.

With regard to most accommodations, take your cue from the victim.

When communicating with an individual who is hard of hearing and who prefers
to speech-read, face the person directly when speaking. Be sure you have the
person's attention before you begin speaking. Speak slowly and distinctly, but not
unnaturally. Avoid gesturing and reduce background noise, which may be
distracting. Speak in a normal tone of voice without shouting.
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
When using a sign language interpreter, have him or her sit next to you so that the
hearing impaired victim can easily shift his/her gaze back and forth from the
interpreter to you.

As with all victims, it is appropriate to assist victims with disabilities in becoming
acquainted with the physical surroundings of your office and, if necessary, the
courtroom where he or she may be coming for interviews and/or hearings.

When greeting or meeting with a person who is blind or has very limited vision,
indicate your presence verbally, identify yourself by name, and speak in a normal
tone. If others are also present, ask each person to identify himself/herself. This
will enable the blind person to associate the voice with the name and know the
relative location of each person.

When giving directions to someone who is blind or has very limited vision, be as
clear and specific as possible. Make sure to identify obstacles in the direct path of
travel. To be most helpful, ask the individual, "I would be happy to give you
directions. How should I describe things?"

Do not assume that a victim who uses a wheelchair or walker needs your
assistance entering a room. Provide mobility assistance only if you are asked.

Be aware that a person's wheelchair is a part of his/her body space and needs to be
treated as such. Do not stand too close to the wheelchair, as this could block the
individual's movement with the wheelchair if he or she wanted or needed to move
about.

When working with a person with a developmental disability, give the individual
time to respond. Rapid or intense questioning is likely to cause confusion. Talk
slowly and calmly, using easy-to-understand language with clear, concise
concrete terms. Do not use complex sentences.

Obtain expert consultation on how best to communicate with individual victims
with developmental disabilities and victims with serious mental illness.

Depending on the victim's level of mental disability, the victim's parent or
guardian should be present when meeting with the victim in the office or at
another location.
GETTING PREPARED-PROACTIVE STEPS YOUR PROGRAM SHOULD
TAKE

Establish contact, exchange information, and develop a list of local and state
organizations and service providers that have expertise in working with
individuals with various types of disabilities to provide consultation and to
provide information and referral to crime victims.
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
Develop a training program for staff to enhance their understanding of individuals
with various disabilities in order to better understand the needs of crime victims
with disabilities.

Develop a resource directory of qualified professional (including court certified)
interpreters for assistance with deaf victims or others who need facilitated
communication.

Enlist the assistance of service providers and individuals with disabilities in
assessing your program's architectural and communication accessibility and in
designing appropriate accommodations. Also, tap such individuals and
organizations for suggestions on how to make individuals with disabilities aware
of the availability and accessibility of services for crime victims with disabilities.

Ensure that the courtroom and offices are physically accessible to all victims,
especially those who may use a wheelchair or walker or who have limited stamina
for walking.

Be aware of the location of wheelchair ramps and accessible restrooms so that
you can direct the victim to these facilities, when needed.

Install a TDD or a TTY telephone or become familiar with the operation of and
use a relay service to make your program accessible for deaf victims.
Innovations in Training
UNDERSTANDING MENTAL RETARDATION: TRAINING FOR LAW
ENFORCEMENT
A three-hour training curriculum, Understanding Mental Retardation: Training for Law
Enforcement, provides police officers with information about victim and offender issues
involving people with this disability. The training includes a fifteen-minute video,
program materials, hand-outs, and references for background reading. The ARC of the
United States, 500 E. Border Street, Suite 300, Arlington, TX 76010 (817-261-6003)
(Davis August 1998).
RESPONSE PROTOCOLS FOR THE MALTREATMENT OF CHILDREN WITH
DISABILITIES
The National Center on Child Abuse and Neglect at the Department of Health and
Human Services has sponsored the development of a curriculum to provide trainers with
a framework for teaching victim service providers about the maltreatment of children
with disabilities. Responding to Maltreatment of Children with Disabilities: A Trainer's
Guide is made up of five modules that include an introduction to disabilities; the
relationship between maltreatment and disabilities; assessment protocols; child protective
services practices for children with disabilities; and risk reduction. The training
curriculum specifically addresses myths about disabilities; impact of disability on
communication and culture; incidence and prevalence of abuse and neglect; signs of
abuse and neglect; and medical examination practices. The curriculum manual provides a
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lecture guide, participant guides, trainer's texts, transparencies or Power Point slides, and
videotapes for each module (Steinberg, Hylton, and Wheeler 1998).
SEXUAL ABUSE OF CHILDREN AND ADULTS WITH DISABILITIES
The Disability, Abuse & Personal Rights Project (DAPR) has developed sensitive
forensic interviewing protocols for use by criminal justice professionals with victims of
sexual assault who have cognitive and communication impairments. A curriculum for
police making first response is currently under development. For disability service
providers, DAPR has developed training on the identification and reporting of sexual
assault. They have also developed training on risk reduction strategies for parents of and
individuals with cognitive and communication impairments. They are currently working
with the California State Board of Control (SBOC) and child protective services to
change the child victim data collection system to include the reporting and tracking of
children with disabilities who are sexually assaulted, and children who are disabled as a
result of abuse. In addition, DAPR coordinates a national conference, conducts research,
and generates articles, documents, and guidebooks on sexual assault primarily of children
and adults who have developmental handicaps. Related subjects include: sexual abuse,
other types of abuse, sexuality of persons with disabilities, parenting issues, protections
of sexual civil liberties, and other civil rights. Issues related to abuse, such as perpetrators
with developmental disabilities, and the onset of disability as a result of abuse, are also
addressed. Disability, Abuse & Personal Rights Project, Spectrum Institute, P.O. Box T,
Culver City, CA 90230 (310-391-2420) www.disability-abuse.com.
KEEPING YOURSELF SAFE AT HOME, AT WORK, AND IN THE
COMMUNITY
Keeping Yourself Safe at Home, at Work, and in the Community is a 5-hour risk
reduction program specifically designed to aid victim service and disability professionals
in educating people with developmental disabilities about sexual abuse and personal
safety strategies. A professionally developed training video (open and closed caption) and
curriculum entitled Your Safety...Your Rights II has expanded this curriculum to include
material appropriate for adults with physical and sensory disabilities. Both curricula
contain modules for training staff who work with people with disabilities to identify
abuse and handle disclosures. Network of Victim Assistance, 16 North Franklin Street,
Doylestown, PA 18901 (215-348-5664; TDD 215-348-2963).
Promising Practices

Abused Deaf Women's Advocacy Services (ADWAS), Seattle, Washington. In
1986, Marilyn Smith founded Washington State’s Abused Deaf Women's
Advocacy Services (ADWAS), which offers a twenty-four-hour crisis line,
counseling and legal advocacy for deaf and deaf-blind victims of sexual assault
and domestic abuse. Most staff members and volunteers are deaf or hard of
hearing. The program has developed training for both deaf and hearing crime
victim advocates and has published educational materials targeted specifically for
deaf adult and youth victims. In 1997, the Office for Victims of Crime (OVC)
awarded a grant to ADWAS to develop a training and technical assistance
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package for five cities across the country, to create and expand services for deaf
women who are victims of sexual assault and domestic violence, and to provide
follow-up technical assistance on-site to replicate its successful program.
After the first year of this project, twenty-three deaf women from five separate
communities (the San Francisco Bay area, Minneapolis, Rochester, New York,
Boston, and Austin, Texas) were undergoing training for the development of
services for deaf women who are victims of sexual assault and domestic violence.
ADWAS staff delivered follow-up technical assistance on-site in each of the
communities. At the close of 1998, all five communities were preparing to offer a
twenty-four-hour crisis line and basic services to victims during 1999. During the
next phase of this project, OVC will fund ADWAS to assist the development of
programs for deaf women in additional communities, including Washington, DC,
Des Moines, Iowa, Burlington, Vermont, and Flint/Detroit, Michigan.

The Midwest LEAD Institute-Leadership Through Education and Advocacy for
the Deaf (MLI). The Institute has developed a program to provide culturally and
linguistically appropriate crisis intervention and counseling services to deaf
victims of domestic violence. With support from VOCA funds, MLI provides
volunteer sign language interpreters for shelters and agencies, and has established
a twenty-four-hour 1-800 crisis line for deaf victims of violent crime. MLI also
developed a manual entitled Breaking the Silence--A Manual on Domestic
Violence and the Deaf Community to help shelters and other agencies meet the
needs of their deaf clients (Marshall 1997).

The Parent Advocacy Coalition for Educational Rights Center (PACER). The
Center is a coalition of nineteen Minnesota disability organizations that is staffed
primarily by persons with disabilities as well as by parents of children with
disabilities. PACER has developed a special program to help teach disabled
children about child abuse. The project, entitled "Count Me In," reaches over
14,000 school children each year. Over thirty trained volunteers take life-sized
puppets to schools to promote understanding of children with disabilities and help
children feel comfortable with disabled children. These puppets are also used to
teach disabled children about child abuse (Grayson 1992).

The Bronx Independent Living Services Crime Victims and Domestic Violence
Programs, Bronx, New York. The BILS Crime Victims Program provides
assistance to all types of crime victims with disabilities. Victim assistance
services include crisis intervention; assistance with the state crime victims
compensation application; assistance with housing, Medicaid, or Public
Assistance; accompaniment to police stations and courthouses; supportive
counseling; information and referral to community service programs; information
about the progression of cases through the criminal justice process; support
groups; interpreters for sign language and Spanish; a wheelchair lift van for
transportation; barrier-free entry to court buildings, shelters, and offices where
people can assist victims; and community education and advocacy.
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
Barrier Free Living, Inc. (BFLI), New York City. As one of the first Independent
Living Centers to offer services to domestic violence victims with disabilities, the
BFLI offers shelter to domestic violence victims with disabilities and counseling,
skills training, court accompaniment, advocacy, and assistance in finding
alternative housing. Sign interpreter services and Spanish-speaking staff are
available to assist with communication. In addition, van transportation is
available.

Hennepin County Attorneys Office, Minneapolis, Minnesota. Working closely
with the local police departments, the Hennepin County Attorneys Office
developed Police and People with Disabilities, a training program that promotes
more effective treatment of individuals with disabilities.

Domestic Violence Access Project, State of Hawaii. Using Violence Against
Women Act grant funding, the Hawaii Attorney General's Office supports a
statewide effort to link domestic violence programs with programs that serve
individuals with disabilities. The linkages are designed to enable shelter programs
to receive training on disabilities and make accommodations to increase
accessibility to programs.

Enhancing Your Interactions with People with Disabilities. This American
Psychological Association (APA) brochure targets victim service providers,
mental health providers, advocates, and psychologists and assists them in the
development of improved communication skills with people with disabilities.
Enhancing Your Interactions with People with Disabilities addresses three critical
areas:
o
Initial approaches to people with disabilities. The effective use of
language in portraying their condition lays the groundwork for the success
of further communication. Words mirror prevailing attitudes, and societal
attitudes are the fundamental barriers that people with disabilities must
overcome to have successful interactions.
o
Communication issues. To reduce anxiety when interacting with people
with specific disabilities, the brochure offers specific advice on how to
communicate with deaf individuals, the visually impaired, the speech
impaired, and individuals with mobility impairments.
o
Compliance. To meet the legal and ethical obligations as set forth by The
Americans with Disabilities Act, and to better serve the needs of
individuals with disabilities, the brochure offers guidelines and advice on
service requirements, referrals, physical barriers to office access, and
specials aids to enhance communication.
The brochure is available by mail from APA or in an alternative form on its Web
site. American Psychological Association, 750 First Street NE, Washington DC
20002 (800-374-2721).
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
All Walks of Life. The mission of this Texas-based, nonprofit organization is to
empower social solutions for people with disabilities. They believe that the
vulnerability of people with disabilities attracts predators, and that whenever there
is a reduction in an individual's mobility or life skills, there is an increased risk of
violence and repetition of violence unless measures are taken to prevent it. All
Walks of Life promotes the position that people with disabilities can and should
engage in prevention solutions, that they are capable of being responsible for selfawareness that they live in a violent culture, and that they should learn violence
prevention skills that will help them compensate for their vulnerability. The All
Walks of Life Web site includes useful resources and links relating to violence
and violence prevention for people with disabilities. All Walks of Life, 9106
Benthos, Houston, TX 77083 (281-495-9226).
Web Sites


The National Information Center for Children and Youth with Disabilities
(NICHCY). Sponsored by the U.S. Department of Education, Office of Special
Education Programs, NICHCY is a national information and referral center on
disabilities and disability-related issues for families, educators, and other
professionals that emphasizes services to children and young adults, age twentytwo years or under. State resource sheets that help locate organizations and
agencies that address disability-related issues serving children and youth can be
found through NICHCY, P.O. Box 1492, Washington DC 20013 (800-695-0285).
Disability Resources, Inc. Disability Resources, Inc., a nonprofit organization,
maintains the Disability Resources Monthly (DRM) Guide to Disability
Resources on the Internet, an extensive online resource established to promote
and improve awareness, availability, and accessibility of information that can help
people with disabilities. It serves individuals with disabilities through a
multidisciplinary network of service providers and consumers, targeting their
services and publications to libraries, disability organizations, independent living
centers, rehabilitation facilities, educational institutions, and health and social
service providers. The DRM WebWatcher maintains an extensive database of
disability-related resources (links to Web sites, documents, databases, and other
informational materials) in order to perform customized searches, including a
page for victims of abuse who have disabilities.
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References
Baladerian, N. 1991. Abuse Causes Disability: A Report From the Spectrum Institute.
Culver City, CA: Spectrum Institute, Family Diversity Project, Disability Issues Division.
Baladerian, N. 1992. "Rapport Model Aids Victims with Developmental Disabilities."
National Resource Center on Child Sexual Abuse, the National Center on Child Abuse
and Neglect 1 (4): 8.
Barnett, O. W., C. L. Miller-Perrin, and R. Perrin. 1997. Family Violence Across the
Lifespan, An Introduction. Thousand Oaks, CA: Sage Publications.
Berkeley Planning Associates. 1997. Disabled Women Rate Caregiver Abuse and
Domestic Violence Number One Issue. Berkeley, CA: Department of Education.
Chenowith, L. 1996. "Violence and Women with Disabilities." Violence Against Women
2 (4).
Colman, A. June 1997. "Disability." Youth Studies in Australia 16 (2).
Criminal Justice Task Force for Persons with Developmental Disabilities. 1997. "The
Invisible Victims." Victims of Crime Committee Report. Sacramento, CA: Author.
Crosse, S., E. Kaye, and A. Ratnofsky. 1993. A Report on the Maltreatment of Children
with Disabilities. Washington, DC: U.S. Department of Health, Administration for
Children and Families, Administration on Child, Youth, and Families, National Center on
Child Abuse and Neglect.
Cusitar, L. 1994. Strengthening the Links: Stopping the Violence. Toronto: DisAbled
Women's Network.
Davis, L. August 1998. Understanding Mental Retardation: Training for Law
Enforcement. Arlington, TX: The ARC of the United States.
Doucette, M. M. 1986. Violent Acts Against Disabled Women. Toronto: DisAbled
Women's Network.
Federal Bureau of Investigation (FBI). 17 October 1999. Crime in the United States,
Uniform Crime Reports, 1998. Washington, DC: U.S. Department of Justice.
Grayson, J. 1992. "Child Abuse and Developmental Disabilities." Virginia Child
Protection Newsletter (Fall).
Gregorie, T. 1994. "Differently-Abled Victims of Crime." Focus on the Future: A
Systems Approach to Prosecution and Victim Assistance, C-8. Arlington, VA: National
Center for Victims for Crime.
Harness-DiGloria, D. March 1999. "Breaking the Silence." Paraplegia News 53 (3).
409
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Hasler, B. 1991. "Barriers to Living Independently for Older Women with Disabilities."
Executive Summary. Washington, DC: American Association of Retired Persons.
Holmes, J. F. 1999. "U.S. Population, A Profile of America's Diversity-The View from
the Census Bureau, 1998." In The World Almanac and Book of Facts, Mahwah, NJ:
Primedia Reference.
LaPlante, M., and D. Carlson. 1996. "Disability in the U.S. : Prevalence and Causes,
1992." Disability Statistics Report (7). Washington, DC: U.S. Department of Education,
National Institute on Disability and Rehabilitation Research.
Marshall, J. 1997. Midwest LEAD Institute. Jefferson City, MO: State of Missouri,
Department of Public Safety.
National Institute of Justice (NIJ). 1997. Americans With Disabilities Act: Emergency
Response Systems and Telecommunications Devices for the Deaf. Washington, DC: U.S.
Department of Justice.
Pawelski, C. 1992. "The World of Disabilities." National Resource Center on Child
Sexual Abuse, The National Center on Child Abuse and Neglect 1 (4): 3.
Petersilia, J. 15 January 1998. "Persons with Developmental Disabilities in the Criminal
Justice System: Victims, Defendants, and Inmates." Statement before the California
Senate Public Safety Committee, California Legislature.
Rubin, P. September 1993. "The Americans with Disabilities Act and Criminal Justice:
An Overview." Research in Action. Washington, DC: National Institute of Justice.
Sanders, A., J. Creaton, S. Bird, and L. Weber. 1997. Victims With Learning Disabilities:
Negotiating the Criminal Justice System. Oxford, England: University of Oxford, Centre
for Criminological Research.
Sobsey, D. 1992. "What We Know about Abuse and Disabilities." National Resource
Center on Child Sexual Abuse, The National Center on Child Abuse and Neglect 1 (4): 4.
Sobsey, D. 1994. Violence and Abuse in the Lives of People with Disabilities: The End of
Silent Acceptance? Baltimore, MD: Paul H. Brookes.
Sobsey, D., and T. Doe. 1991. "Patterns of Sexual Abuse and Assault." Sexuality and
Disability 9: 243-259.
Sobsey, D., and S. Mansell. 1990. "The Prevention of Sexual Abuse of People with
Developmental Disabilities." Developmental Disabilities Bulletin 18 (2): 55-66.
Sobsey, D., and S. Mansell. 1998. "Clinical Findings Among Sexually Abused Children
with and without Developmental Disabilities." Mental Retardation 36 (1).
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Sobsey, D., D. Wells, R. Lucardie, and S. Mansell. 1994. Violence and Disability: An
Annotated Bibliography. Baltimore, MD: Paul H. Brookes.
Sorensen, D. 1997. "The Invisible Victims." Impact. Minneapolis, MN: University of
Minnesota, Institute on Community Integration (UAP)/Research and Training Center on
Community Living.
Steinberg, M. A., J. R. Hylton, and C. E. Wheeler. 1998. Responding to Maltreatment of
Children with Disabilities: A Trainer's Guide. Washington, DC: U.S. Department of
Health and Human Services, National Center on Child Abuse and Neglect.
Tobin, P. 1992. "Addressing Special Vulnerabilities in Prevention." National Resource
Center on Child Sexual Abuse, the National Center on Child Abuse and Neglect 1 (4): 5.
Tyiska, C. 1990. "Responding to Disabled Victims of Crime." NOVA Network
Information Bulletin, 8-12. Washington, DC: National Organization for Victim
Assistance.
Tyiska, C. 1998. "Working With Victims of Crime with Disabilities." Office for Victims
of Crime Bulletin, Washington, DC: U.S. Department of Justice, Office for Victims of
Crime.
Young, M. E., M. A. Nosek, C. Howland, G. Changpong, and D. Rintala. 1997.
"Prevalence of Abuse of Women with Physical Disabilities." Archives of Physical
Medicine and Rehabilitation, 78 (December).
Additional Resources
VALOR provides links to other Web sites as a convenience to its visitors and tries to
ensure that the links are current. The inclusion of a link on this document does not
constitute an official endorsement, guarantee, or approval by VALOR. VALOR neither
endorses, has any responsibility for, nor exercises any control over the organizations'
views or the accuracy of the information contained in those pages.
Abused Deaf Women's Advocacy Services. 1996. Domestic Violence in Deaf
Community. Seattle, WA: Outreach Packet.
Aiello, D., and L. Capkin. 1984. "Services for Disabled Victims: Elements and Standards,
Response." Response to Violence in the Family and Sexual Assault 7 (5): 14.
Furey, E. M. 1994. "Sexual Abuse of Adults with Mental Retardation: Who and Where."
Mental Retardation 32 (3).
Lewis, M., and M. Smith. 1995. "A Community Based Model Providing Services for
Deaf and Deaf-Blind Victims of Sexual Assault and Domestic Violence." Sexuality and
Disability 13 (2): 97-106.
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McPherson, C. 1990. "Bringing Redress to Abused, Disabled Persons." NOVA Network
Information Bulletin, 8-12, 14.
Monahan, J. October 1996. "Mental Illness and Violent Crime." Research in Action.
Washington, DC: National Institute of Justice.
National Symposium on Abuse and Neglect of Children with Disabilities. 1995. Abuse
and Neglect of Children with Disabilities: Report and Recommendations. Lawrence, KS:
The Beach Center on Families and Disability, University of Kansas, and the Erikson
Institute of Chicago.
Office for Victims of Crime (OVC). 1998. "Initiatives to Combat Violence Against
Women." Fact Sheet. Washington, DC: U.S. Department of Justice.
Rubin, P. June 1995. "Civil Rights and Criminal Justice: Employment Discrimination
Overview." Research in Action. Washington, DC: National Institute of Justice.
Sobsey, D. 1988. "Sexual Offense and Disabled Victims: Research and Practical
Implications." VIS-A-VIS 6 (4).
Sorensen, D. 1996. Criminal Justice Task Force for Persons with Developmental
Disabilities. Sacramento, CA: Victims of Crime Section.
Sorensen, D. 1996. "The Invisible Victim." Prosecutor's Brief: The California District
Attorneys Association's Quarterly Journal 19 (1): 6-7, 24-26.
Stimpson, L., and E. Best. 1991. Courage above All: Sexual Assault and Women with
Disabilities. Toronto: DisAbled Women's Network.
Ticoll, M. 1992. No More Victims: A Manual to Guide the Police in Addressing the
Sexual Abuse of People with a Mental Handicap. Washington, DC: U.S. Department of
Justice.
The Department of Justice offers technical assistance on ADA Standards for Accessible
Design and other ADA provisions applying to state and local government programs and
nonprofit organizations: ADA Information Line: 800-514-0301 (voice); 800-514-0383
(TDD); and on the Internet.
The Disability and Business Technical Assistance Centers (DBTACs) are a network of
programs that provide information, training, and technical assistance on ADA
responsibilities. These regional programs are supported by the U.S. Department of
Education National Institute on Disability and Rehabilitation Research. Contact 800-9494232 (Voice/TDD) or for the program in your region.
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TENNESSEE RESOURCES
Tennessee Disability Pathfinder- http://kc.vanderbilt.edu/tnpathfinder/ Contact
Information: English & Español: 800-640-INFO [4636] | 615-322-8529
TTY users: dial 711 for free relay service e-mail tnpathfinder@vanderbilt.edu
Technology Access Center- The Technology Access Center (TAC) is a program of
Access Services of Middle Tennessee, a 501(c) (3) organization based in Nashville,
Tennessee, that exists to increase awareness about and integration of assistive technology
into the everyday lives of people who can benefit from it. Website Address:
http://tac.ataccess.org/affiliations.shtml Contact Information: Mailing Address: Suite 126
2222 Metrocenter Boulevard Nashville, Tennessee 37228 E-Mail:
techaccess@tacnashville.org Phone / TTY: 615-248-6733 Outside Tennessee Toll Free:
800-368-4651 Fax: 615-259-2536
Disability Law and Advocacy Center of Tennessee- Disability Law & Advocacy
Center of Tennessee (DLAC) advocates for the rights of Tennesseans with disabilities to
ensure they have an equal opportunity to be productive and respected members of our
society. Contact Information: As part of our efforts to serve all Tennesseans with
disabilities, we have three regional offices. Disability Law & Advocacy Center of
Tennessee can be found in Nashville, Memphis and Knoxville. You may contact us by:
Phone: 1-800-342-1660 (TTY: 1-888-852-2852) E-Mail: GetHelp@DLACTN.org All
requests for services must go through our central toll-free line. You may be asked to
provide documentation of your disability.
Tennessee Disability Coalition- The Coalition is an alliance of organizations and
individuals in Tennessee that have joined to promote the full and equal participation of
men, women and children with disabilities in all aspects of life. Contact Information: 480
Craighead Street, Suite 200 Nashville, TN 37204
Phone (615) 383-9442 FAX (615) 383-1176 TTY (615) 292-7790
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CHAPTER 8
COLLABORATION FOR VICTIMS’ RIGHTS AND SERVICES
Anne Seymour, Marti Anderson, and Kevin Lowe, Ph.D.*
This chapter explores the foundational
NVAA Module 8
research and key concepts of
Learning Objectives
collaboration, along with recommended
 Describe the different types of
strategies for successful collaborative
working relationships and identify
efforts to enhance public safety and to
examples in your work.
improve services for victims and
 Recognize the characteristics of
survivors of crime. One of the ultimate
successful collaboration in working
strengths of America’s victim assistance
relationships.
field is its willingness and capacity to
collaborate with allied professionals,
 Identify key collaboration partners
and describe your roles in effective
volunteers, and organizations. To best
victim services.
identify and meet the needs of crime
victims and survivors, victim-serving
 Identify challenges to, and benefits
professionals have created unique
of, successful collaboration.
partnerships that recognize and respect
 Describe a six-step process for
differences yet, at the same time,
successful collaboration.
establish a common vision and goals
that promote crime victim assistance,
support, and safety. Both public- and private-sector entities have joined in collaborative
efforts that enhance victims’ rights and the comprehensive delivery of victim services.
Collaboration is critical to the ongoing success of the crime victim assistance field in
America and around the world. It embraces differences, yet it recognizes the many
commonalities that unite efforts to help victims and survivors of crime.
In the early days of the victims’ rights movement, there was often a pervading sense of
“us against them”—that is, victims and service providers struggling for dignity and
acknowledgment against a variety of barriers: offenders’ rights taking precedence over
victims’ rights, lack of understanding within communities about victim suffering and
trauma, a justice system that was not designed to protect the interests of victims nor
involve them in key processes that affected their lives, limited laws that protected
victims’ rights and interests, and limited financial and human resources to support victim*
Authors of this chapter are Anne Seymour, Justice Solutions, Washington DC; Marti Anderson, Iowa
Office of the Attorney General, Des Moines, IA; and Kevin Lowe, Ph.D., Sacramento, CA.
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related initiatives. The pioneers of victims’ rights looked to past civil rights movements
for guidance to build both an agenda and a constituency.
Let us not be blind to our differences, but let us also direct attention to our
common interests and the means by which those differences can be resolved.
And if we cannot end now our differences, at least we can help make the
world safe for diversity.
—John F. Kennedy, 1963
The lessons learned from women who fought for the right to vote and civil rights activists
who struggled for equality proved to be invaluable. While many elements contributed to
the success of these historical efforts, one common theme emerged: The ability to
collaborate and find supporters who shared a common vision and goals was critical to
success. Perhaps most important was to reach beyond the core constituencies affected by
injustice (in these cases, women who could not vote and persons of color who were
treated as second-class citizens) and build a powerful, diverse collaborative network of
allies and partners.
Like these earlier groups who strived for equal justice, crime victims had a significant
weapon in their struggle for dignity, respect, and recognition: the power of the personal
story. With hundreds of thousands of individuals in America personally hurt by crime,
there was a core constituency of real people with real pain to whom many ordinary
people could relate: the family whose grandparents were killed in a fiery drunk-driving
crash (which was not even considered a crime 30 years ago); the rape victim who was
blamed and shamed for the violent assault committed against her; the mother whose
teenage son was molested by his soccer coach, who found limited protection under the
law; and the countless families whose children were abducted, often found murdered, and
sometimes never recovered at all. Some of the most crucial networks that resulted were
victims helping victims by providing mutual support and validation. The grassroots
network of victims and their collaboration with caring and concerned professionals joined
to create an effective social activism that has come to change the face of how justice and
public safety are viewed in America.
This historical foundation has provided important guidance to professionals and
volunteers who serve crime victims, and serves as a basis on which to build important
partnerships that ultimately benefit victims and survivors of crime.
RESEARCH ABOUT COLLABORATION
Within the past decade, significant research has examined general trends and strategies in
collaboration, as well as trends specific to victim- and justice-related collaborative
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initiatives. A range of findings are helpful to understand what works in collaboration and
what strategies are most effective in forming successful partnerships and coalitions that
benefit crime victims and those who serve them.
Collaboration: What Makes It Work
In Collaboration: What Makes It Work, Mattessich, Murray-Close, and Mooney (2001)
synthesize a considerable body of research to identify 20 factors that influence the
success of collaborations formed by nonprofit organizations, government agencies, and
other organizations (see chart on next page). Within collaboration research, these factors
are considered the standard for the discipline of collaboration.
A more detailed summary of this checklist for success can be accessed online at:
www.pfdf.org/collaboration/challenge/pdfs/mtcc-appxc.pdf. Benefits of successful
collaboration are included in Appendix A.
Factors That Influence Successful Collaborations
1. Factors related to the environment:
 History of collaboration or cooperation in the community.
 Collaborative group seen as a legitimate leader in the community.
 Favorable political and social climate.
2. Factors related to membership characteristics:
 Mutual respect, understanding, and trust.
 Appropriate cross-section of members.
 Members see collaboration in their self-interest.
 Ability to compromise.
3. Factors related to process and structure:
 Members share a stake in both process and outcome.
 Multiple layers of participation.
 Flexibility.
 Development of clear roles and policy guidelines.
 Adaptability.
 Appropriate pace of development.
4. Factors related to communication:
 Open and frequent communication.
 Established informal relationships and communication links.
5. Factors related to purpose:
 Concrete, attainable goals and objectives.
 Shared vision.
 Unique purpose.
6. Factors related to resources:
 Sufficient funds, staff, materials, and time.
 Skilled leadership.
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Criminal Justice and Collaboration
In The Emergence of Collaboration as the Preferred Approach in Criminal Justice, the
Center for Effective Public Policy (CEPP) and State Justice Institute make a strong case
to suggest that “justice can be more effectively served when those tasked with carrying it
out define their roles, responsibilities, and relationship to one another differently and
work together in pursuit of shared visions, missions, and goals” (Carter, 2005, pp. 3-5). In
addition, seven challenges to forming collaborative relationships in an “adversarial
system” are identified:
1. Adversarial foundation of our legal system.
2. Competition for resources among those at the table.
3. Political pressure on elected officials.
4. Creation of overlapping bodies by the requirements of different authorities.
5. Need for leadership in an independent system of justice.
6. The critical role of facilitator/convener of collaborative teams.
7. Special place of the judicial branch of government.
The Emergence of Collaboration as the Preferred Approach in Criminal Justice, which
includes suggestions to meet the seven challenges described here, can be accessed online
at: www.collaborativejustice.org/docs/The%20Emergence%20of%20Collaboration.doc.
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Impact of the Violence Against Women Act (VAWA) on
Collaboration
A National Institute of Justice (NIJ) report, State and Local Change and the Violence
Against Women Act, examined outcomes of Violence Against Women Act (VAWA)
funding that are specific to collaboration within four prosecutors’ offices in Arizona,
Maryland, Massachusetts, and Oregon (Chaiken, Boland, Maltz, Martin, and Tragonski,
2005). One of the major benefits of VAWA cited by practitioners interviewed for this
study was “a dramatic rise in collaboration and cooperation addressing domestic
violence” (p.32). This study also examined how cooperation is achieved:
To cooperate effectively, prosecutors and victims’ advocates have had to
recognize and respect (if not agree with) their different perspectives and goals.
Prosecutors in the jurisdictions studied saw enactment of VAWA as an
opportunity to increase victim safety and offender accountability. They viewed
the victim service provisions, primarily, as services that would ensure the victim’s
immediate safety and facilitate the collection of appropriate statements and
evidence to secure a conviction. Victims and their advocates looked to the law for
direct short-term aid, such as shelter, and for long-term assistance that would
allow the victim to become psychologically, emotionally, socially, and financially
independent of the abuser. (p. 32)
This study indicated that prosecutors and advocates often view new programs differently
and that VAWA helped stimulate initial discussions and ongoing mechanisms for
resolving these concerns, often spearheaded by prosecutors.
A summary of State and Local Change and the Violence Against Women Act is available
online at: www.ojp.usdoj.gov/nij/journals/252/anxieties_print.html.
.Establishing and Maintaining Successful Researcher-
Practitioner Collaborations
In 1999, the National Violence Against Women Prevention Research Center, in
conjunction with the National Victim Assistance Academy, conducted a series of focus
groups with “victim advocates, practitioners, and researchers to examine ways these
groups could work together more effectively to produce sound and practical research
about violence against women” (Kilpatrick, Resick, and Williams, 1999, p. 5). This
research examined the needs and expectations of practitioners and researchers relevant to
violence against women; characteristics of successful collaborative relationships; ways to
initiate collaborations and establish goals for research on prevention of violence against
women; ethics, confidentiality, and safety when conducting victim-related research; and
dissemination of research findings. Mouradian, Mechanic, and Williams (2001) offer the
following eight key tips for making collaboration work.
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Eight Key Tips for Making Collaboration Work
1. Discuss all aspects of the collaboration until mutually satisfying solutions are
reached.
2. Talk about and establish a shared vision and goals for a joint project, and come up
with specific scientific and research-to-practice and/or research-to-policy goals.
3. Be certain that goals are clearly stated and understood by all key participants.
4. Involve both the researchers and the practitioners/advocates in the planning of each
phase of a project, and/or allow for the modification of a planned project based on
feedback from partners.
5. Ensure that all parties’ questions about the work are answered adequately (including
the questions of project and organization staff).
6. Ensure that responsibilities for various project tasks are divided in ways that are
reasonable, fair, and sensitive to the time constraints of those involved.
7. Provide for the materials and other support needs of all the individuals and/or
organizations involved.
8. Make it a goal to secure funds to support the time of all involved in the collaboration,
or offer student/work-study assistance, computer assistance, training, or workshops.
New Models of Collaboration for Public Service Delivery
In a working paper that examined worldwide trends in collaboration, including trends in
the United States, “collaboration for public service delivery” refers to “the reciprocal and
voluntary support that two or more distinct public sector agencies, or public and private
administrations, including nonprofit organizations, provide each other in order to deliver
a ‘public’ service, i.e., one that is part of the government mission” (Prefontaine, Ricard,
Sicotte, Turcotte, and Dawes, 2000, p. 6)). This research found that very often such
support translates into a formal agreement between the parties as to the purpose of their
collaboration and the sharing of both tangible and intangible responsibilities, resources,
risks, and benefits. As a general rule, such formal written agreements are for a specific
period of time and most often are presented in contract form. The models of collaboration
generally have the following characteristics:

A minimum of two distinct administrators—one from the public sector, the other from the private,
public, or nonprofit sector.

A formal written agreement for a definite term.

A common objective aimed at the delivery of a public service.

Shared responsibility consisting of shared risks, resources, costs, and benefits—both tangible and
intangible.
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This study also highlights six critical success factors or “dimensions” of collaboration for
public service delivery:
1. Political, social, economic, and cultural environment.
2. Institutional, business, and technological environments.
3. Partners’ objectives and characteristics.
4. The collaboration process.
5. Models of collaboration (mode of governance).
6. Performance of the project and the collaboration model (p. 9).
The working paper, which offers detailed guidelines for achieving the six dimensions,
can be accessed online at: www.ctg.albany.edu/publications/reports/new_models_wp.
Evaluating the Collaborative Process
The research on collaboration clearly states the need for effective strategies to evaluate
the overall process and outcomes of collaborative efforts. Several simple evaluation tools
and strategies have been developed that can help assess the effectiveness of victimrelated collaboration initiatives, including the following:

The Wilder Collaboration Factors Inventory includes 42 questions designed as a tool for
assessing the 20 factors that influence the success of a collaboration. (See the previous section
“Collaboration: What Makes It Work” in this chapter). The online inventory, which takes about
15 minutes to complete, can be accessed from the Amherst H. Wilder Foundation at
surveys.wilder.org/public_cfi/index.php.

“Assessing Your Collaboration: A Self Evaluation Tool,” an article in the Journal of Extension of
the U.S. Cooperative Extension System, offers a simple collaboration progress checklist at:
www.joe.org.

Evaluating the Collaboration Process, an Ohio State University fact sheet, describes potential
areas for evaluation at http://ohioline.osu.edu/bc-fact/0007.html.
TYPES OF WORKING RELATIONSHIPS
Many phrases are used in the victim assistance community to describe efforts that bring
people together with a common cause. George Keiser of the National Institute of
Corrections (1998) describes these terms and their meanings:
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Some recurring words are often used in a very cavalier fashion to describe types
of working relationships. It is important to be clear about the depth of
involvement contained in the meaning of these various words, and then to use
the appropriate word for the relevant circumstances. These words include
cooperation, coordination, collaboration, and partnership.
Cooperation
Cooperation does not require much depth of relationship from the parties
involved. Typically, a couple of people identify how what they are doing in their
organizations would benefit each other. They agree to share what they do, but
are not required to do anything differently. The activities engaged in are very
informal. No resources are transferred, and the life of those involved goes on
much as it has. This may be the initial point of developing relationships between
the involved organizations. A key element for initiating cooperation is personal
trust.
Coordination
Like cooperation, the depth of involvement between organizations is not
required to be great. The relationship tends to be more definitive with specific
protocols or conventions commonly being established. The business of the
various organizations does not change significantly. The number of people
involved in the process is increased, and the participants are more cognizant of
how their independent activities can be integrated for common benefit or can
influence the work of another organization. This level of working together
requires more discipline and more formal structure in following the established
protocols. The importance of integrity of the various participants and their
activities becomes more apparent.
Collaboration
Collaboration introduces the concept of organizations coming together to create
something new, commonly a new process. Generally, the organizations bring a
business they already know well and identify how, by joint actions, they can
redesign a process to their mutual benefit. There must not only be trust and
integrity as a foundation, but the parties now need to understand the perspectives
of the other collaborators’ self interest(s). This understanding suggests a greater
depth of involvement between organizations. It is not merely exchanging
information, but also developing a sense of awareness for whom the other
parties are, what motivates them, and what they need out of working together.
Unlike cooperation or coordination, for the first time something new is being
developed through the relationship of organizations. Even with the increased
intensity of involvement, the various organizations retain their independent
identities.
Partnership
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Partnership is the bringing together of individuals or organizations to create a
new entity. This may be the extreme extension of collaboration. The depth of
involvement is reflected by a commitment referred to as ownership. No longer
are there independent organizations agreeing to work together on some initiative
as long as it is convenient. Nor is this a group of organizations buying into
someone else’s plan. With a partnership, there is an agreement to create
something new which, through joint ownership, requires that the partners make
it succeed. One measure of success is whether the partnership makes all the
partners successful.
Keiser (1998) also clarifies the nature of working relationships based on the following
elements:
 Characteristics of the relationship.
 Nature of the relationship.
 Involvement.
 Resource investment.
 Control over resources.
 Authority to make decisions.
This is shown in Exhibit VIII-1.
.EXHIBIT VIII-1
OVERVIEW OF CHARACTERISTICS OF WORKING RELATIONSHIPS
Continuum Ranging from Cooperation to Partnership
ELEMENTS
COOPERATION
COORDINATION
COLLABORATION
PARTNERSHIP
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Characteristics
of Relationship
Trust and
reliability
Integrity and
discipline
Understanding and
selflessness
Commitment
and ownership
Nature of
Relationship
Informal, adhoc
Semiformal
Formal
Formal, legal
incorporation
Involvement
As few as two
people
Several,
maybe
horizontal
organizational
slice
Several, many
horizontal and
vertical
organizational slices
New or refined
organization
Resource
Investment
Minimal
Moderate
Major
Major
Control Over
Resources
Unchanged
original
organizations
Modified
original
organizations
Shared or transfer to
new unit
Legally binding
Authority to
Make
Decisions
Retained by
original
organizations
Retained by
original
organizations
Transfer to new unit
Create new
structure
CHALLENGES TO SUCCESSFUL WORKING RELATIONSHIPS
Whether victim assistance professionals cooperate, coordinate, collaborate, or partner
with allied professionals, volunteers, and communities, there are 10 common challenges
that can hinder the success of these important working relationships. These challenges
are:
 Lack of a shared vision or mission.
 Lack of agreement about the problem or issue to be addressed.
 Lack of incremental successes on the pathway to an ultimate goal.
 Egos.
 Lack of diversity among group members working toward a common goal.
 Not having the right players at the table.
 Lack of understanding and implementation of change management techniques.
 Lack of resources.
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 Lack of measures to evaluate success.
 Lack of understanding about victim trauma, rights, and needs.
1. Lack of a Shared Vision or Mission. When people work together toward a common
goal, it should be clearly understood, easily communicated, and shared by all involved
parties. If a vision or mission is preestablished by an individual or a small faction of a
larger group, it may not achieve the ownership that is needed by the whole group to
ensure success. It is crucial to take time and establish a process to create a shared vision
or mission with all stakeholders and determine common goals and objectives that are
supported by all.
2. Lack of Agreement About the Problem or Issue To Be Addressed. While diversity
is one of the essential elements of collaborative efforts, it also results in differing and
often unique perspectives about the basic issue that is being addressed. In developing
good working relationships, stakeholders must seek a consensus that respects different
views and opinions.
3. Lack of Incremental Successes on the Pathway to an Ultimate Goal. Too often,
people working together aim for one definitive goal that, in their view, connotes success.
It is necessary to determine incremental, smaller successes that can help stakeholders
ensure that they are headed in the right direction and to evaluate possible alternatives
along the way to the ultimate goal, if warranted.
4. Egos. The concept of egos as barriers is familiar to most victim advocates and others
who assist victims of crime. When such conflicts expand to incorporate even more
stakeholders (and more egos), the results can be highly damaging to collaborative efforts.
All interested parties must be willing to check their egos at the door in their mutual
attempts to reach a common vision and/or goals.
5. Lack of Diversity Among Group Members Working Toward a Common Goal. If
it is true that great minds think alike, it is likely that different minds think even better.
One of the greatest strengths of professionals and volunteers involved in public safety
and victim assistance issues is their diversity—by gender, age, culture, sexual orientation,
profession, socioeconomic status, and geography. The many different viewpoints and
perspectives of victim advocates and allied professionals are a key asset to collaborative
efforts; without them, such efforts are doomed to fail. Victim-serving professionals must
mirror the victims and survivors whom they serve to build and maintain trust. Diversity is
essential to this goal.
6. Not Having the Right Players at the Table. In too many public safety initiatives,
crime victims and their representatives are missing from collaboration forums. It is
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helpful to adopt a global view of the problem or issue that is being addressed in terms of
all the stakeholders who are affected: victims, offenders, the community, system
professionals, public policy-makers, and the like. If a person or group of people is
affected by a problem, it is critical that they be involved in developing a solution. For a
collaborative initiative to be successful, it must be victim-driven and victim-centered,
which requires the participation from and buy-in of crime victims and survivors. (See the
section “Range of Partners for Collaboration” later in this chapter to determine the key
stakeholders who constitute the right players.)
7. Lack of Understanding and Implementation of Change Management Techniques.
Most working relationships seek change in justice processes, service delivery,
engagement of key stakeholders, and community involvement. If the road to a solution
does not address the specific changes that will occur as a result and institutionalize these
changes for the future, the outcomes will not be successful in the long run. Managing
change is one of the most difficult yet most important elements of collaborative efforts.
8. Lack of Resources. If time, level of commitment, and human or financial resources
are not adequate to achieve a shared goal, failure is likely. Throughout the collaborative
process, considerable attention should be paid to what type of resources are needed, at
what point, by whom, and for how long.
9. Lack of Measures to Evaluate Success. As stakeholders in collaborative processes
begin their joint efforts, evaluation must be a key tenet of all their activities.
Stakeholders’ vision, goals, and objectives should all be measurable in concrete terms,
and their plan should be flexible enough to accommodate changes that result from
evaluative data that show a need to change course. (See the previous section “Evaluating
the Collaborative Process” in this chapter.)
10. Lack of Understanding About Victim Trauma, Rights, and Needs. While most
collaborative efforts related to improving public and personal safety are well intentioned,
some lack an overall understanding of how victims are affected by crime. It is important
to incorporate information and training about crime victims’ rights, needs, trauma, and
sensitivity into any collaborative initiative that addresses public safety issues. The
involvement of crime victims as active participants or advisors to guide the planning and
implementation of such initiatives is also helpful.
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COLLABORATING FOR VICTIMS’ RIGHTS AND SERVICES: KEY
RELATIONSHIPS
Crime victims, service providers, and allied professionals work together at the local,
state, and national levels in a number of ways, which are discussed in the following
paragraphs.
Fiduciary Relationships. These primarily involve financial support from government
sources for victim services from the federal level to the states and localities and from
states to local jurisdictions.
Public Policy Initiatives. These have led to the passage of more than 30,000 federal and
state victims’ rights statutes. Often, good ideas for laws cross jurisdictional boundaries.
For example, when California passed the nation’s first antistalking statute in 1990, the
other 49 states followed suit within 18 months. The strength of America’s victim
assistance field has also been instrumental in organizing to support key federal initiatives,
most notably the successful passage and subsequent reauthorizations of the Victims of
Crime Act of 1984 and the Violence Against Women Act (VAWA) of 1994.
Implementation of Victims’ Rights. This helps ensure that no matter where a victim
lives or what type of crime he or she has been hurt by, help is available. With more than
10,000 victim assistance programs operating in the public and private sectors and
advocacy services provided by numerous national organizations, collaborative efforts
have strengthened crime victims’ ability to understand and seek implementation of their
rights.
Research Initiatives. These increasingly involve partnerships between researchers and
victim assistance practitioners. National and regional public opinion surveys, research on
specific victim populations, and focus groups have been conducted by national, state, and
local practitioners and researchers, with the results guiding the development of innovative
and effective approaches to victim services.
Training and Technical Assistance. These are used to develop curricula and training
tools, with significant support from the Office for Victims of Crime (OVC), and have
helped increase professionals’ and volunteers’ knowledge of victims’ rights and services.
Standardized training programs have been developed for law enforcement, the judiciary,
prosecutors, institutional and community corrections, and juvenile justice professionals as
well as for allied professionals such as mental health and public health practitioners, faith
communities, and educators.
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Information and Referral Services. These constantly cross jurisdictional boundaries to
provide timely resources and referrals to victims in every region of the nation. The use of
technology and the Internet, national toll-free telephone numbers, and the U.S.
Department of Justice-sponsored Resource Centers have greatly enhanced the ability to
provide information and referrals to crime victims and concerned citizens.
Written Interdisciplinary Protocols. These change the face of how business is done in
responding to crime victims. Policies and procedures are altered by each agency to better
serve the crime victim. These protocols have established some of t