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Copyright ©2010 Intimate Partner Sexual Assault: Implications for Risk Assessment National Judicial Education Program* *A Project of Legal Momentum in cooperation with the National Association of Women Judges

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Intimate Partner Sexual Assault:Implications for Risk

Assessment

National Judicial Education Program*

*A Project of Legal Momentum in cooperation with the

National Association of Women Judges

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Risk Assessment Related toIntimate Partner Sexual Abuse

Assessing likelihood of continued andescalating physical and sexual violence

Assessing possible lethality Assessing risks to children when making

custody and visitation decisions

How to elicit the crucial information andcraft effective orders

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 “Any time I would try to leave him, thebeatings or the rape would come, he

would threaten my family and friends andmy silence was bought once again.”  

– Excerpt from Aphrodite Wounded, a support website for survivors of marital and

partner rape, Froggie’s Story, www.aproditewounded.org 

Violence Often Escalates WhenWomen Try to Leave

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Marital rape victim testified her husbandtold her “the only way to get out of ourmarriage…is through death and I wouldhave to die.”  

Source: Jones v. State, 74 S.W. 3d 663, 667 (Ark. 2002)

Violence Often Escalates WhenWomen Try to Leave (cont’d) 

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Violence Often Escalates WhenWomen Try to Leave (cont’d) 

Widespread but mistaken belief that if women in relationships would just leave,the violence would end

Battered women often stay with theirabusers because they are terrified by

the escalation in violence whenever theytry to escape

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Violence Often Escalates WhenWomen Try to Leave (cont’d) 

Leaving is the most dangerous time fora battered woman because the battereris outraged that he is losing control over

her

Most of the worst physical and sexual

violence and most murders occur at orafter separation

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Separation Sexual Assault

An impending separation or divorce often prompts

renewed or first-time intimate partner sexualabuse

One researcher found that 20% of the women inher sample were raped during or after their

separation* A 2000 National Institute of Justice survey found

that 24.7% of women raped by a former spouse orcohabiting partner said they were raped beforeand after the relationship ended**

Sources:*Raquel Kennedy Bergen, WIFE RAPE: UNDERSTANDING THE RESPONSE OF

SURVIVORS AND SERVICE PROVIDERS (1996)

**Patricia Tjaden & Nancy Thoennes, U.S. Department of Justice, EXTENT, NATURE, ANDCONSEQUENCES OF INTIMATE PARTNER VIOLENCE: FINDINGS FROM THE NATIONAL VIOLENCEAGAINST WOMEN SURVEY, NATIONAL INSTITUTE OF JUSTICE (2000)

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Repeated Sexual Assaults areTypical

The National Institute of Justice found that justover half of women raped by an intimate partnersaid they were victimized repeatedly by thatpartner

The average was 4.5 rapes by the same partner

Individuals have reported 20 and more rapes bythe same partner

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 “There was no greater divergence in what victimsand perpetrators reported than in the area of sexual violence. If we are to believe the killers,none of them had ever been sexually violent oreven coercive to the women they killed…The victims

of abuse painted a very different picture. Nearlythree-fourths of the women [who survived a near-murder] said their abusive partners had rapedthem.”  

– David Adams, WHY DO THEY KILL? (2007) at 171-172

Risk Assessment - Lethality

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Risk Assessment – Lethality(cont’d) 

Risk assessment in domestic violencecases is traditionally thought of asassessing the risk that a batterer will kill

his victim

There are actually six types of risk to be

assessed

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Six Types of Potential Lethality

1. Femicide: Will the abuser kill his victim?

2. Child Murder: Will the abuser kill themother or couple's children?

3. Third Party Lethality: Will the abuserkill a third party?

4. Suicide: Will the victim kill herself?

5. Suicide: Will the abuser kill himself?6. Will the victim kill the abuser?

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1. Femicide

• On average each day in the U.S. more thanthree women are murdered by their current orformer husbands or boyfriends

• The most recent study by the Bureau of JusticeStatistics documents that 45% of femalehomicide victims in 2007 were killed by anintimate partner, a 5% increase since 1993*

Source:*Shannon Catalono, Erica Smith, Howard Snyder & Michael Rand, Female Victims of Violence, Bureau of Justice Statistics (September 2009),http://bjs.ojp.usdoj.gov/content/pub/pdf/fvv.pdf  

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Femicide (cont’d) 

In New York state in 2008, 50% of female homicide victims were killed by

an intimate partner – 68 women.

Source: Matthew Fetzer & Adriana Fernandez-Lanier, Domestic Homicide in New York State, 2008,New York State Division of Criminal Justice Services (October 2009),http://criminaljustice.state.ny.us/pio/annualreport/domhom08_9_29_09.pdf  

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Femicide (cont’d) 

Research documents that sexual assault in

an intimate partner relationship is a leadingindicator of potential lethality

11-city study of actual and attempteddomestic violence femicides found that in57% of these cases there was intimatepartner sexual assault*

Source: *Jacquelyn Campbell, et al, Risk Factors for Femicide in Abusive Relationships: Results froma Multisite Case Control Study, 93 AMERICAN JOURNAL OF PUBLIC HEALTH 1089 (2003)

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Femicide (cont’d) 

A battered woman also being subjectedto sexual assault is seven times more

likely to be killed than a womansubjected to physical violence only

Source: Jacquelyn Campbell, Assessing Risk Factors for Intimate Partner Homicides, Vol. 250 NIJJournal 15 (2003)

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Femicide (cont’d) 

In a study of 150 Houston women seekingorders of protection, 68% were being bothphysically and sexually abused. Thesexually-abused women reported more of 

the risk factors for femicide, such asstrangulation and threats to children, thandid those being subjected to physical abuseonly

Source: Judith McFarlane & Ann Malecha, Intimate Partner Sexual Assault Against Women:

Frequency, Health Consequences, and Treatment Outcome, 105 AMERICAN COLLEGE OFOBSTETRICIANS AND GYNECOLOGISTS 99 (2005)

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2. Child Murder

Newspapers frequently report incidentsof men murdering children in the

context of killing the mother or aspunishment to leave the abusiverelationship

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Child Murder (cont’d) 

Any situation that heightens the risk of lethality for the mother heightens therisk of lethality for her children. In such

instances there are few source materialsapart from newspaper accounts becausefew of these cases will come to court

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Child Murder (cont’d)  Examples from 2009:

• New York man killed his wife and two daughters beforekilling himself in April*

• Texas man murdered his two children and attempted tokill himself in June**

• Florida man murdered his wife and five children under the

age of ten in September***• California man killed his two children and himself in

September****

Sources: *Hotel Dead Were NY Family in Murder-Suicide, WASHINGTON POST, April 22, 2009,http://www.washingtonpost.com/wp-dyn/content/article/2009/04/21/AR2009042103525.html.

**Eric Barajas, Friends Speak on Alleged Killer, ABC 13 HOUSTON, June 16, 2009,

http://abclocal.go.com/ktrk/story?section=news/local&id=6868838

***Albers, et al., Search for Suspect in Naples Slaying of 5 Kids, Wife Spans Two Counties, TCPALM, September 20, 2009, http://www.tcpalm.com/news/2009/sep/20/search-suspect-naples-slaying-5-kids-wife-spans-tw/ .

****Catherine Salliant, In Thousand Oaks, A Father Does the Unthinkable, L.A. TIMES, September18, 2009, http://articles.latimes.com/2009/sep/18/local/me-thousand-oaks18  

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3. Third Party Lethality

Newspapers frequently report instances of abusers, in the course of trying to kill theirwives/partners, killing third parties: relatives of the woman trying to leave, individuals coming toher aid, bystanders or court personnel

Example: Albany, New York man murdered hisgirlfriend’s estranged husband in 2007* 

Source: *Robert Gavin, Love Triangle Killer: I’m No Monster, ALBANY TIMES-UNION, January17, 2009,http://www.timesunion.com/ASPStories/Story.asp?newsdate=3/10/2009&navigation=nextprior& category=REGION&storyID=760524 

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4. Suicide: Will the Victim KillHerself?

Sexual violence in intimate partner relationships ismore psychologically damaging to victims thanphysical violence alone

In one study, 22% of sexually assaulted battered

women reported suicide threats or attempts within90 days of applying for a protection order*

In another study more than half the women saidthey considered or attempted suicide at some

point**Sources: *Judith McFarlane & Ann Malecha, National Institute of Justice, Sexual Assault AmongIntimates: Frequency, Consequences and Treatments (October 2005)

**Raquel Kennedy Bergen, WIFE RAPE: UNDERSTANDING THE RESPONSE OF SURVIVORS ANDSERVICE PROVIDERS (1996)

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5. Suicide: Will the Abuser KillHimself?

According to the National Institute of Justice, it iscommonplace for abusers to perpetratemurder/suicide in which they first kill the womantrying to escape them and then kill themselves

30 % of femicides are murder-suicides*

• Examples from 2009:

Binghamton, New York man shoots his wife, thenhimself in June**

Queens, New York man murders his wife, then

himself in June***Sources: *National Institute of Justice, Intimate Partner Homicide, Vol. Issue #250 National Institute of Justice

Journal (2003)

**Binghamton Murder-Suicide, WBNG NEWS, June 15, 2009, http://www.wbng.com/news/local/48104482.html  

***Yaniv & Hutchinson, Murder-Suicide Stab Horror Claims Life of Queens Barber and Wife, NEW YORK DAILY NEWS,June 15, 2009, http://www.nydailynews.com/news/ny_crime/2009/06/15/2009-06-15_murdersuicide_stab_horror.html 

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6. Will the Victim Kill theBatterer?

The first major study of battered womenwho kill their abusers found that three-quarters reported having been raped at

least once by their abusers* In a study of 40 victims of intimate

partner sexual assault more than 50%had thoughts of killing their abusers.*

Sources: *Angela Browne, WHEN BATTERED WOMEN KILL (1987)

**Raquel Kennedy Bergen, WIFE RAPE: UNDERSTANDING THE RESPONSE OF SURVIVORS ANDSERVICE PROVIDERS (1996)

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Intimate Partner SexualAssault Presages Lethality

Sexual assault co-occurring with physical abuseheightens the risk of escalating physical andsexual violence and all six types of lethality

It is essential to know whether there is sexualviolence in an abusive relationship in order toundertake informed risk assessment, craftappropriate orders, provide appropriate services

for victims and intervene appropriately withoffenders

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"[A] history of sexual assaults against themother…[is] linked to increased risk of sexual abuse of the children and

increased physical danger."

– Lundy Bancroft, "Assessment of Risk to Children from Visitation with a Batterer"UNDERSTANDING THE BATTERER IN CUSTODY AND VISITATION DISPUTES (1998)

Risk Assessment: Custody andVisitation Implications

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"[T]he sexual abuse of a parent has beenseriously neglected – despite itspotentially severe traumatic impact on

children and association with greater riskto the safety and well-being of childrenand adult victims."

– Kathryn Ford, Children’s Exposure to Intimate Partner Sexual Assault, 3 SEXUALASSAULT REPORT 15 (2007)

Risk Assessment: Custody andVisitation Implications (cont’d) 

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Risk Assessment: Custody andVisitation Implications (cont’d) 

Vast research documents that children living inhomes where there is domestic violence sufferserious physical and psychological harm

Batterers are more likely than other fathers toseek custody, manipulate the court system tocontrol their partners, and yet be awarded custody

Intimate partner sexual abuse in the parentalrelationship heightens all risks to children

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Risk Assessment: Custody andVisitation Implications (cont’d) 

Children themselves may be witnessesto or involved in a forced sex act

Study:

• 115 women in a domestic violence shelter• All raped by their male partners

• 18% reported children had witnessed at leastone sexual assault

• 5.2% reported partner involved children in aforced sex act*Source:*Jacquelyn Campbell & Peggy Alford, The Dark Consequences of Marital Rape, 89AMERICAN JOURNAL OF NURSING, 947 (1989)

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Risk Assessment: Custody andVisitation Implications (cont’d) 

Because of the heightened risk to childrenin these cases, some courts have mandatedreduced and/or supervised visitationbetween offender and child

• In the 2004 New York case C.B. v. J.U. thecourt determined that because the father hadraped the mother during the marriage andengaged in sexually inappropriate conduct with

their daughter, the father was only to see thedaughter under therapeutic supervision*Source: *C.B. v. J.U., 2004 NY Slip Op 51181U; Not reported in 798 N.Y.S.2d 707 (2004),Silberman, J.

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Recommendations forImproving Court Response to

Intimate Partner Sexual Abuse Judges are situated to lead an effort to

address intimate partner sexual abuse

and, by doing so, protect victims andtheir children, hold offendersaccountable while directing them tomore effective intervention, andenhance community safety

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Recommendations: Creating aResponsive Courtroom

Because these cases include highlypersonal and potentially embarrassingtestimony, ensure that court officers,

clerks, bailiffs and others who regularlycirculate through the courtroommaintain a quiet, respectful attitudewhile litigants are in the courtroom or

testifying

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Recommendations: Creating aResponsive Courtroom (cont’d) 

Be aware of the sensitive nature of thisissue and the extreme difficulty of publicly disclosing it

Use behaviorally-based questions togently ask domestic violence victims

about any possible intimate partnersexual abuse

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Behaviorally-Based Questions

Ask Questions Like: “What happened after he pushed you onto thebed?”  

 “Did he ever make you do sexual things that youdid not want to do?”  

Not: “Has your partner ever raped you?”  

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Questions Regarding Children

If parent discloses intimate partnersexual assault, ask if children have

witnessed or been directly involved inthe sexual violence

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Recommendations: Creating aResponsive Courtroom (cont’d) 

When making custody/visitation decisions,consider the heightened risk to childrenwhen there is intimate partner sexualabuse

Abusers may attempt to intimidate or evenharm victims in the courthouse. Work with

your court administrator to create a securewaiting area for victims so the parties areseparated when not in the courtroom

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Recommendations: Creating aResponsive Courtroom (cont’d) 

Work with court personnel to createcomprehensive intake forms that ask

about sexual abuse

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Recommendations:Batterer Intervention Programs

Batterer intervention programsoften ignore intimate partner sexualabuse.

Resource Coordinators who evaluateBIPs for their suitability for courtreferrals should assess them on theireffectiveness in addressing intimatepartner sexual abuse as well as physicalviolence.

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Recommendations:Batterer Intervention Programs

When assessing batterer intervention programs,resource coordinators will want to consider thefollowing:

• What kind of training does the staff have specific to sexoffenders and intimate partner sexual abuse?

• Does the program deal with intimate partner sexual abuseeven if it is not formally a part the model on which theprogram is based?

• Does the program conduct any type of sexual behaviorassessment?

• Do staff adequately differentiate between “types” of offenders?

• Do staff receive reliable information from the victim aboutthe batterer's sexual behavior?

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This presentation was adapted from the NationalJudicial Education Program's Web course/resource

Intimate Partner Sexual Abuse: Adjudicating thisHidden Dimension of Domestic Violence Cases,www.njep-ipsacourse.org 

Registration is free and open to all.

A two-page description of this course is availableat: www.legalmomentum.org/assets/pdfs/ipsa-

flyer-09.pdf .

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Thank You

For More Information, Contact:Lynn Hecht Schafran

Director, National Judicial Education

Program(212) 413-7518

[email protected]