Chapter 4. Violence Against Women. A. Introduction pp

Transcription

1 Chapter 4. Violence Against Women A. Introduction pp

2 Wild range of statistics on violent crimes by intimate partners DOJ ~ 600,000 (2008) CDC ~ 7.7 million (2000) [4.8 M v. women; 2.9 M v. men] fn. 4, p. 215 WHY such a discrepancy? COST (of physical assault, rape & stalking by intimate partners) > $5.8 BILLION What are those costs? N.B. Wide spectrum of behavior w/in scope of DV.

3 Feminist discourse since late 70 s Has revealed, given voice to range of gender violence Has created programs, shelters. (1975 ) Norman, Cleveland County safe havens ; shelter sought from far away, esp. rural areas. law reform activities... Keep refining so appropriate balance, fair to all, effective at preventing tragedies.

4 B. Intimate Partner Violence pp Lenore Walker, BWS pp stages: Tension building; Inevitable explosion; Loving contrition Assuming validity, impact on Victim/Survivor? How does she LEARN to cope, minimize severity of beating? If she stays, what does Perpetrator learn?

5 Continuing challenges Self esteem Underreporting multiplicity of reasons Police training (much progress some places, others still lacking) Norman, Tulsa Risky for police; need cool heads, sound training If prima facie evidence, mandatory arrest Once arrest, no drop policy; state is now party, V/S c/n control. WHY?

6 VAWA ( 94 up for reauthorization; very uncertain future) Why the controversy? Args. For reauthorization? Args. Against reauthorization?

7 Oklahoma Protection From Abuse Act, Tit Definitions 1. Domestic abuse means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship;

8 60.1 Definitions (cont d) 2. Stalking means the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested. Stalking also means a course of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose or unconsented contact with a person that is initiated or continued without the consent of the individual or in disregard of the expressed desire of the individual that the contact be avoided or discontinued. Unconsented contact or course of conduct includes, but is not limited to: [a g]

9 60.1 Definitions (cont d) 3. Harassment means a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. Harassment shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury;

10 BETTY L. BAKER, Plaintiff/Appellee vs. PERRY POPEYE MASON, Defendant/Appellant.Former law student, legally changed name (see above), repeatedly contacted OU President s secretary. Held, PFO properly issued, harassment under 60.3; free to communicate with office of legal counsel. 95P.2d 808 (1998) He s still trying to get readmitted... After 18 years!

11 60.2. Protective order Petition Complaint requirement for certain stalking victims What facts must be alleged to get preliminary protective order? What facts must be alleged and proven to get regular protective order? What must Petitioner DO in order to get meaningful protection under order?

12 Oklahoma Forms otectiveorders.asp

13 E. Trafficking of Women & Children in Prostitution pp HUGE problem, role of organized crime. Causes of rise? Deperation Deception Ineffective laws, inability to enforce effectively Treating trafficking victims as criminals under immigration law

14 Adult prostitutes Distinctions between women & men prostitutes? Independent agents v. trafficked? Choice vs. circumstances? What different forms exist in the sex industry? U.S. v. international?

15 Juvenile Prostitutes Runaways, drugs, slippery slope of dependence on friend who becomes pimp, coerces into producing revenue.

16 From Juvie to J.D., Carissa Phelps

17 The Industrial Vagina: Political Economy of Global Sex Trade pp Pyramid organizational structure At top: distributors Middle: service Providers Customers Role of internet? Craigslist? Mail order Brides?

18 Strip clubs

19 Grover Miskovsky, disbarred along with his law partner. had way with children of low income clients.

20 Oklahoma Statutes 21 Okl.St.Ann Definitions As used in the Oklahoma Statutes, unless otherwise provided for by law: 1. Prostitution means: a. the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or b. the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value; 2. Child prostitution means prostitution or lewdness as defined in this section with a person under sixteen (16) years of age, in exchange for money or any other thing of value;

21 Oklahoma Statutes 21 Okl.St.Ann Child under 18 years of age Inducing, keeping, detaining or restraining for prostitution Punishment A. No person shall: 1. By promise, threats, violence, or by any device or scheme, including but not limited to the use of any controlled dangerous substance... cause, induce, persuade, or encourage a child under eighteen (18) years of age to engage or continue to engage in prostitution or to become or remain an inmate of a house of prostitution or other place where prostitution is practiced; 2. Keep, hold, detain, restrain, or compel against his will, any child under eighteen (18) years of age to engage in the practice of prostitution or in a house of prostitution or other place where prostitution is practiced or allowed; or 3. Directly or indirectly keep, hold, detain, restrain, or compel or attempt to keep, hold, detain, restrain, or compel a child under eighteen (18) years of age to engage in the practice of prostitution or in a house of prostitution or any place where prostitution is practiced or allowed for the purpose of compelling such child to directly or indirectly pay, liquidate, or cancel any debt, dues, or obligations incurred, or said to have been incurred by such child. B. 1. Any person violating the provisions of this section other than paragraph 2 of this subsection, upon conviction, shall be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than twenty five (25) years, and by a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Twenty five Thousand Dollars ($25,000.00). 2. Any owner, proprietor, keeper, manager, conductor, or other person who knowingly permits a violation of this section in any house, building, room, tent, lot or premises under his control or of which he has possession, upon conviction for the first offense, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a period of not less than six (6) months nor more than one (1) year, and by a fine of not more than Five Thousand Dollars ($5,000.00). Upon conviction for a subsequent

22 Bullying, Sexual harassment, cyberstalking Davis v. Monroe County Bd. Of Ed. S.Ct. (O Connor 99) pp F: GF repeatedly harassed LaShonda & other girls in 5 th grade; highly sexualized conduct, Mom & others repeatedly sought redress from school, to no avail. In time GF pled guilty to sexual battery. Issues: 1) Under T 9, can recipient of fed. $ be liable for dmges for stud. stud. Harassment? 2) If so, what std for liability?