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LEGAL RESPONSES TO SEXUAL AND DOMESTIC
VIOLENCE
Rus Ervin Funk, MSW
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WHAT WE’LL COVER Responding to reports Being victim-supportive Holding men who are violent
accountable Working collaboratively with victim-
service advocates Your role (both officially and in their
other roles in live and in the community) to encourage other men and boys to prevent violence against women
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DUO- DEFINITIONS
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RAPE/SEXUAL ASSAULT
Legal definition
Victim-centered/feminist definition
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DISCLOSURE EXERCISE
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DOMESTIC/DATING VIOLENCE Legal definition
Focus on incidenceFocus on violence” or imminent threat
Victim-centered/feminist definitionFocus on contextFocus on dynamics
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WHY DOES SHE STAY?• Fear• Love• Lack of support• Self-blame• Internalized anger• Doesn’t want to leave– End abuse, not relationship
• It could get worse• It might get better• He needs me• Blame from others• Shame
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WHY DOES HE “HIT”?
• Witnessed as a child• Anger issues• Mental illness• Substance use/abuse• Depression• Low self-esteem• Inability to express his
feelings• Communication issues• He doesn’t know any
better…
…He Chooses
to
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RESPONDING TO VICTIMS Gathering evidence Secure the scene Creating a relationship Understand victim dynamics
There is no “set” victim response
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INVESTIGATING DOMESTIC VIOLENCE Separate parties Understand victim dynamics
Initial disclosure is the tip of the icebergShe’s protecting herself, the children and
himHer minimizing behaviorsOperating out of self-blame
Look for children Observe evidence Assess for safety
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WHY SHE ACTS LIKE SHE DOES Safe to be angry Minimizes the threats
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PROSECUTING Notice and respond to threats Monitor the victim’s responses to the
process
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HOLDING ABUSERS ACCOUNTABLE Work with prosecutors as a team Immediate accountability Ensuring follow through Create a system of accountability Build in ways to alter charges and
sentencing based on additional information that comes from the victim (or others)
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WORKING COLLABORATIVELY Advocates are your allies (although with
distinct roles and priorities) The more supportive victims feel
The more willing they are to follow through with the legal process
You’ll get more details and likely more crimes
The more confidence they will have with you
The more satisfied they will feel with the process (regardless of outcome)
Your success (convictions and sentences) will be higher
Higher rate of community satisfaction and support
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CASE EXAMPLEYou’re called to investigate a Domestic Violence situation. Both parties have injuries, and have been drinking. He is relatively calm and cooperative, she is highly emotional, angry and somewhat combative.o What assumptions are you making
based on this information?o What additional information do you
need?o How are you going to get it?
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CONTINUED…She has a black eye a bloody lip and possibly a broken hand.He has scratches on his neck and face and bruises on his chest.o What assumptions are you making
based on this information?o What additional information do you
need?o How do you identify offensive vs
defensive wounds?
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CONTINUED…
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WHY MEN CHOOSE TO BE VIOLENT
A lack of identification with the victim. A perception of the situation as one that
calls for violence. A decision to act violently The means of doing harm to the other
person.
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YOUR ROLE IN PREVENTIONAs part of the legal system Understand the role of secondary
prevention to primary prevention Reducing all crime (and violence) is a
part of your mandate
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YOUR ROLE IN PREVENTIONAs men & women in the community You also have other roles in the
community Not everyone has to do everything, but
everyone has to do one thing How can you, in these other roles, work
to prevent violence against women in your communities?Take a pledgeModel Educate/raise awareness about preventionDevelop leadershiporganize
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THANK-YOU!!!
Rus Ervin Funk
PO box 4878Louisville, KY 40204
www.rusfunk.comwww.mensworkinc.com
(502)494-9044