Sexual Assault, Intervention Orders and the Family Safety Framework

1. Sexual Assault, Intervention Orders and the Family Safety Framework Sharon Lockwood Social Work Coordinator Yarrow Place

2. Partner Rape Know About it, Respond Effectively, Prevent it Produced by Women’s Health Goulburn North East, Victoria www.whealth.com.au

3. Global Violence • Violence is a leading cause of death • among people aged 15-29 • Source: World Health Organization • Centers for Disease Control and Prevention • The death and disability caused by • violence make it one of the leading • public health issues of our time • SOURCE: World Health Organization, 2006

4. VIC HEALTH STUDY • The cumulative effects of intimate partner violence (of which sexual assault is a part) make it the leading risk factor contributing to death, disability, and illness for women between the ages of 15 and 44, outweighing smoking, obesity, alcohol and drug use (VicHealth, 2004) • Death, physical injuries and adverse impacts on reproductive health, mental health and general wellbeing all contribute the burden of disease from intimate partner violence • Poor mental health account for almost two-thirds (60%) of this burden of disease (VicHealth, 2004).

5. Gender and Trauma • Men – more likely to be harmed by enemies or strangers (e.g. in combat, as a victim of crime) • Women – at greater risk of interpersonal violence than men, and usually at the hands of a partner/lover • It is more confusing and distressing to be harmed by people who are supposed to love and care for you than it is to be harmed by a stranger or someone who dislikes/hates you • (Kendall–Tackett 2005; Covington 2003,1999)

6. Rape in Marriage Criminalisation in Australia • South Australia's 1976 criminalisation of rape in marriage followed the recommendations of a law reform committee headed by judge Roma Mitchell • Similar legislation was enacted in Western Australia in 1976, in Victoria and NSW in 1981, in the ACT in 1985, Tasmania in 1987, Queensland 1989 and the Northern Territory in 1994

7. Intimate Partner Sexual Violence • Rapes are more likely to be completed and repeated in IPSV than in cases of stranger or acquaintance rape • Several studies have identified a pattern of abusive men demanding or forcing sex following physical violence • In one study 50% of women in the sample reported being threatened with physical abuse for refusing to engage in sex and 36.7% experienced actual beatings for refusing • Women are more vulnerable to being sexually assaulted and sometimes killed by ex-partners at or after separation • Women are at risk of sexual assault at times of shared child care arrangements post separation • Women who experienced intimate partner sexual violence (IPSV) were 5.3 times more likely to report threatening or attempting suicide compared with women who experienced intimate partner physical abuse only

8. Should we be asking about sexual violence in family violence cases? Studies have identified sexual abuse by a male intimate partner as a risk factor for the homicide of either a victim or perpetrator of domestic violence, and for victim suicide. • Research shows that sexually abusive behaviour by a partner is likely to be violent and repeated, and that it forms part of a controlling pattern of behaviour • Despite considerable evidence around the lethal implications of sexual abuse by a partner, this behaviour tends to be unreported by women, denied or minimised by abusive men, and avoided by workers and the criminal justice system. PREVENTING DOMESTIC VIOLENCE DEATH - IS SEXUAL ASSAULT A RISK FACTOR? Dr Rochelle Braaf, 2010

9. Should we be asking about sexual violence in family violence cases? Certain forms of domestic violence perpetrator behaviour may indicate a higher level of lethal risk; for example, when: • abusers commence sexual abuse • sexual abuse is coupled with physical violence • abusers escalate in either or both the severity and frequency of the abuse • abusers perpetrate sexual abuse post separation • the sexual abuse occurs alongside other lethal risk factors, like strangulation, use of weapons or hostage taking PREVENTING DOMESTIC VIOLENCE DEATH – IS SEXUAL ASSAULT A RISK FACTOR? Dr Rochelle Braaf, 2010

10. Questions re sexual violence Do you feel confident asking clients questions relating to sexual violence? Should questions about sexual violence be a routine part of history taking/client assessment? Does your work context make service users aware that you are willing to discuss issues such as sexual violence? How?

11. Sexual Autonomy • Free and voluntary agreement to sex • Right to this protected by law, consent is the legal test of a breach of this • Freedom and opportunity to abstain from sex • Marriage/committed relationship does not equal perpetual agreement to sex • Consent is not the default position • Previous agreement /participation is irrelevant • Don’t have to say ‘no’ • Doing or saying nothing does not indicate agreement • Absence of verbal protest, physical resistance or physical injuries does not indicate agreement

12. Possible questions • Framing questions • It’s quite common for people to have experienced unwanted sexual contact so you may wish to consider routinely ask people about this. Some may be too afraid or uncomfortable to bring it up themselves, so asking it routinely may be helpful. • Possible questions: • Have you ever had sex you didn’t want or agree to? • Have you ever felt frightened of refusing sex with your partner? • Have you ever felt that you didn’t have a choice about sex? • Do you ever feel like you have to do sexual things because you are too scared to say no?

13. Yarrow Place, IO & FSFBenefits and Complexities

14. Useful to have IO as another legal option to offer victims • In DV cases we most often refer to FSF meetings following a crisis response for a recent sexual assault (clients already known to FSF agencies), clients decline use of YP counselling services but may not disclose this to the other FSF agencies • Often women choose not to seek sexual assault counselling

15. Most often refer to FSF in situations involving ongoing child sexual abuse where the victim is now an adult and there are concerns re the risk of lethality (suicide and /or homicide) of ongoing abuse • Usually client engaged for counselling and client not known to FSF agencies • Ethical concern of referral for counsellors due to therapeutic relationship, philosophical positioning of service and protected communication status of sexual assault counselling files

16. Benefit of FSF referral option in these circumstances re worker well being – worker can feel less isolated in managing the client’s situation, thereby reducing risk of VT • By referring to FSF and including other services, additional information can be revealed, such as the need for mental health service engagement as a more appropriate service option

17. Limitations of the FSF Tool FSF assessment tool – two references to sexual violence: • Offender is terrorising and/or sadistic sexual abuse including humiliation/forced sex Wording of the question could be more simplified • Offender has prior arrest for murder/manslaughter/ rape or sexual assault Most sexual assaults have a low reporting rate and high attrition rate

18. YARROW PLACE The lead public health agency in South Australia responding to adult rape and sexual assault, providing Medical and counselling services Advocacy Training and consultation regarding responding to disclosures of sexual violence to build capacity Prevention programs OHT# 18

19. Counselling Services at Yarrow Place • The provision of information about medical, legal and counselling rights and options • Brief crisis counselling during crisis response service • Assisting clients to make informed decisions • Supporting the client through any intervention process • Advocating on behalf of the client to other health and welfare services and within the criminal justice system • On going therapeutic counselling (telephone or face to face) addressing the effects of sexual violence (including court support and preparation if needed)