Casa de Esperanza. The National Network. Advocacy Today Identifying and Meeting Survivors Needs

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1 Advocacy Today Identifying and Meeting Survivors Needs Presented by: Rosie Hidalgo, JD Senior Director of Public Policy 1 Casa de Esperanza Our mission is to mobilize Latin@ communities to end domestic violence We recognize that it is the community that will end domestic violence, not any system or organization. We emphasize developing social capital (i.e. trust, reciprocity, information and cooperation) because we believe it decreases domestic violence. The National Latin@ Network The National Latin@ Network for Healthy Families and Communities (NLN) is a Culturally-Specific National Resource Center, focused on enhancing access to services for Latin@ and immigrant communities. Its main elements are: Training and Technical Assistance (TA) Public Policy Research Communications

2 Service Agencies Federal Laws Tapestri, Inc., 2002 Additional Barriers to Seeking Help for Survivors from Marginalized Communities Fears of the Police and Judicial System, of deportation, of social services and child welfare agencies, etc.. Economic and Employment challenges Language access Discrimination Isolation from family and community Challenges accessing culturally competent services Others Importance of Strengths-Based Advocacy Acknowledging the survivor s courage and strength Asking the survivor what her/his goals and priorities are Understanding and building community resources and networks Strengthening Community Engagement

3 Creating a Comprehensive Framework Fundamental guidelines: DV violates the human rights of survivors & their children by creating unsafe & fearful environments Their safety must be central to any work we do Safety is unattainable unless we practice cultural and linguistic competency consistently at the organizational and individual level 8 II. DV Hotline Survey of Survivors Background on DV Hotline Survey In April 2015, the Domestic Violence Hotline, with the help of Professor TK Logan, conducted a survey about law enforcement responses to partner abuse with survivors who had used the DV Hotline s chat services 637 women with experiences of partner abuse agreed to participate in the survey 328 had not yet interacted with the police; 309 had interacted with the police about their partner abuse experience Participants were an average of 30 years old and mostly white (56%), Hispanic (15%), and African-American (11%)

4 Participants who had never called the police reported the following barriers: Of Participants Who Have Not Called the Police 4 in 5 (80%) of those who had not previously called the police said they were somewhat or extremely afraid to call police in the future: 70% 59% were afraid calling the police would make things worse; the offender would only get a slap on the wrist; or calling the police would have negative consequences for them. were afraid the police would not believe them or would do nothing. 45% were concerned that the police would be rude to the offender or that calling the police would have negative consequences for the offender s life. 17% were afraid that the police would be violent or would threaten to arrest or actually arrest them. In Their Own Words I am afraid that my husband will talk his way out of trouble, and I will end up in a dangerous situation or will get deported. My boyfriend has told me if I were to call the police he would kill himself (death by cop). Police shoot people of different races or those who are mentally ill, of which my family has both.

5 Of Participants Who Had Contacted the Police Of Participants Who Had Contacted the Police In Their Own Words

6 Recommendations Any response to a survivor of domestic violence should be based on the premise that survivors need support, safety and resources, provided in a manner that respects the dignity of the survivor. (NDVH Report Recommendations) Need to continue to improve the criminal justice response, as well as support other pathways to safety and well-being 17 III. Survey of Advocates Responses from the Field Sexual Assault, Domestic Violence, and Policing Background A nationwide web-based survey for advocates, service providers, attorneys was conducted for a month between April and May 2015 (by the ACLU, University of Miami and CUNY School of Law) The survey focused on concerns with policing and domestic violence and sexual assault Over 900 people responded to some or all of the survey Most of the respondents identified the primary nature of their work as social services, shelter, legal services, and victim advocacy. Others indicated that they worked for the government, prosecutors offices, police departments, hospitals, and the courts.

7 Key findings Police inaction, hostility, and dismissiveness Police bias Collateral consequences Survivors goals often do not align with those of the criminal justice system or how it operates Police Inaction, Hostility, and Dismissiveness An overwhelming majority of the survey respondents (88%) reported that police sometimes or often do not believe survivors or blamed survivors for the violence Police Inaction, Hostility, and Dismissiveness A similarly large majority (83%) reported that police sometimes or often do not take allegations of sexual assault and domestic violence seriously.

8 Police Bias A majority (55%) of respondents said that police bias against particular groups of people or with regard to domestic violence and sexual assault was a problem in their community. Police Bias Over 80% believed that policecommunity relations with marginalized communities influenced survivors willingness to call the police Police are reluctant to believe women when they are being abused, especially if they are women of color, poor women, under the influence of substances or have mental health problems. Police Bias Against Women The police are very unsympathetic to clients who are poor there is the overwhelming perception that these are not really victims of crimes but that violence is part of an impoverished or ghetto lifestyle. Police Bias Against Poor People

9 Victims of Hispanic/Latina descent are assumed to be lying about the crime to qualify for immigration remedies, even if the victim is actually a US citizen. Police Bias Against LGBT Persons The way police ask questions is often victim blaming. In regards to LGBTQ: Who's the wife here? or So you two are just roommates right? Police Bias Against Immigrants In Their Words I had one client that was profoundly disoriented due to a concussion inflicted on her by her boyfriend. The police wrote in [the] report that she was drunk because her speech was unclear due to the head injury. The police seem very taken by the idea of good victims vs. bad victims. In order to be a good victim a victim needs to not be angry or defend herself but also to present as a good woman. Police are much more interested in helping light skinned [Black] victims. I think this ties in to their inherent racial bias and ideas about who is a good, deserving victim and who is a trouble maker who brought this violence on. Collateral Consequences Seventy percent (70%) reported that contact with the police sometimes or often results in the loss of housing, employment, or welfare benefits for either the victim or the abuser.

10 Collateral Consequences Eighty-nine percent (89%) reported that contact with the police resulted in involvement with child protective services sometimes (47%) or often (42%). Contact with the Police Results in Involvement with Child Protective Services Contact with the Police Will Lead to Criminal Charges That Could Then Trigger Immigration/Deportation Proceedings Sixty-one percent (61%) of respondents reported that contact with the police sometimes (43%) or often (18%) leads to criminal charges that could then trigger immigration/deportation proceedings Survivors Goals Often Do Not Align with Those of the Criminal Justice System or How It Operates 3 themes emerged: Survivors were looking for options other than punishment for the abuser, options that were not necessarily focused on separation from the abuser; Survivors feared that once they were involved in the criminal justice system, they would lose control of the process; Survivors were reluctant to engage the system because they believed that it was complicated, lengthy, and would cause them to suffer more trauma Recommendations for Improving How Police Respond to Sexual Assault and Domestic Violence Police training, supervision, and hiring Changes in police culture, policy, and practice Partnering with community resources and collaborative approaches Strengthen police accountability

11 IV. Identifying and Addressing Implicit Bias What is Implicit Bias? Implicit Bias = the attitudes or stereotypes that affect our understandings, actions, and decisions in an unconscious manner; Activated involuntarily, without awareness or intentional control; Can be either positive or negative; Everyone is susceptible Kirwan Institute for the Study of Race and Ethnicity Dual Systems Theory

12 Where Our Biases Originate Our Implicit Biases are the result of mental associations that have formed by the direct and indirect messaging we receive, often about different groups of people. When we are constantly exposed to certain identity groups being paired with certain characteristics, we can begin to automatically and unconsciously associate the identity with the characteristics, whether or not that association aligns with reality. Kirwan Institute for the Study of Race and Ethnicity Implicit vs. Explicit Biases Why Implicit Bias Matters Only 2% of Emotional Cognition is Available Consciously Everyone possesses these unconscious associations, and implicit bias affects our decisions, behaviors, and interactions with others. Although implicit biases can be positive or negative, both can have harmful effects when they influence our decision-making. Understanding implicit bias is also important because of its connection to structural inequality.

13 What Can I Do About It? Educate Yourself Take Implicit Association Test (IAT) at implicit.harvard.edu to learn of your unconscious beliefs Study history and look for connections between the past and current realities of inequality Take Action Seek people who run counter to stereotypical views Increase your contact with groups of people outside of your own demographic Try to think of things from the perspectives of others Be Accountable Both at the Individual and Organizational level Kirwan Institute for the Study of Race and Ethnicity V. Identifying and Addressing Gender Bias in Policing Department of Justice Office on Violence Against Women; Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence; Dec Principle 1 Recognize and Address Biases, Assumptions and Stereotypes about Victims Principle 2 Treat All Victims with Respect and Employ Interviewing Tactics That Encourage a Victim to Participate and Provide Facts About the Incident Train officers to ensure that all pertinent evidence is gathered in an unbiased manner Difficult questions often need to be asked to fully investigate a case. Be mindful about how and when difficult questions are asked

14 Principle 3 Principle 4 Investigate Sexual Assault or Domestic Violence Complaints Thoroughly and Effectively Appropriately Classify Reports of Sexual Assault or Domestic Violence Implement clear policies and training about how to conduct DV and SA investigations that are complete and bias-free Provide training to officers to ensure that DV and SA complaints are properly documented and only classified as noncriminal or unfounded after a thorough, full investigation is conducted Principle 5 Principle 6 Refer Victims to Appropriate Services Properly Identify the Assailant in Domestic Violence Incidents Law enforcement officials should make timely and appropriate referrals to medical professionals for victims of sexual assault or domestic violence LEAs should provide specialized training to ensure that officers are capable of properly identifying the predominant aggressor Principle 7 Hold Officers Who Commit Sexual Assault or Domestic Violence Accountable To maintain public confidence, LEAs should develop policies and practices aimed at preventing and addressing on-duty sexual harassment and assault of members of the public by law enforcement officers. LEAs are expected to open an internal investigation whenever an allegation is made that an officer has engaged in sexual abuse, sexual misconduct or domestic violence, irrespective of whether the officer was acting in his or her official capacity at the time

15 Principle 8 Maintain, Review and Act Upon Data Regarding Sexual Assault and Domestic Violence LEAs should assess whether their jurisdictions are underinvestigating SA and DV reports by examining their own jurisdiction s crime statistics, including statistics on other violent crimes in that jurisdiction LEAs should gather and maintain accurate data on sexual assault and domestic violence reports in order to conduct such diagnostic reviews. VI. Improving Meaningful Access to Services for Marginalized Populations Just because an organization does not turn a survivor away, does that constitute Meaningful Access? Using Language Access as an example: In order for access to DV services and transitional housing programs to be meaningful access, it is necessary to ensure language access for individuals with Limited English Proficiency (LEP)

16 Ensuring Meaningful Access View and Discuss video from Rose Brooks shelter on ensuring meaningful access for individuals with limited English proficiency (LEP) Who are Individuals with LEP? Persons with LEP are those individuals who do not speak English as their primary language and have a limited ability to read, write, speak or understand English. The Census revealed that 25.2 million persons over the age of five living in the United States (9% of U.S. population) spoke a language other than English and did not speak English very well. Of those, 11 million did not speak English at all or spoke it poorly. Why Provide Meaningful Language Access? 1. It s the right thing to do. As organizations dedicated to ending and preventing gender based violence we work toward ensuring safety, healing, and justice for those harmed by violence. If we are proactive, we can ensure that all individuals with LEP/Deaf individuals have meaningful access to critical services.

17 Why Provide Meaningful Language Access? 2. It improves services and enhances outcomes Research shows that domestic violence survivors with LEP were more likely to seek services if those services were provided in their language. Language access enhances safety. Survivors feel more supported when linguistically accessible services are provided. Why Provide Meaningful Language Access? 3. It s a legal requirement: Any organization that receives federal financial assistance either directly or indirectly is required to comply with Title VI of the Civil Right Act of 1964 (Title VI) and the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) and the Americans with Disabilities Act, Casa de Esperanza 2014 Title VI of the 1964 Civil Rights Act No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. (Section 601 of Title VI, 42 U.S.C. sec. 2000d) Protection against national origin discrimination has been interpreted by the courts to include individuals with LEP Casa de Esperanza 2014

18 Taking Reasonable Steps to Provide Meaningful Access Refers to being committed and prepared to provide critical services that support the well-being and safety of survivors by: having a proactive plan in place to address the needs of survivors with LEP what is reasonable is dependent on a demographic assessment of the organization s service area and the most commonly encountered languages, as well as other factors Language Access Free, bilingual tools to help your organization create language access plans. Step-by-step materials to help you advocate for survivors with limited English proficiency. /lep-toolkit-home Casa de Esperanza 2015 Language Access in the Courts A free, bilingual toolkit to help you adovcate for increased language access in the courts

19 VII. Enhanced Safety Planning Beyond a One Size Fits All Approach

20 Different Pathways and Obstacles to Safety Listening to and Supporting the Voices of Survivors Individualized Safety Planning Comprehensive view of resources and systems Asking the Survivor what her goals and priorities are, as well as her concerns Strength-Based Advocacy Supporting increased options and different pathways to safety and wellbeing Developing pro-active policies at the individual and organizational level to increase meaningful access for survivors from marginalized communities and reduce implicit and explicit bias Enhanced Collaborations Coordinated Community Response Advocate and provide trainings for improved access for marginalized populations: Law Enforcement Courts Services Community Resources Increase meaningful collaborations with culturally specific and population-specific community based organizations in your community Increase options for survivors through different pathways to safety