markwynn markwynn@edge

1. Realities of Violence Against Women Assessing Lethality and Threats Lt. Mark Wynn (ret)Nashville Metropolitan Police Department

2. www.markwynn.commarkwynn@edge.net

3. Domestic Violence Facts • Until the 20th century, it was not illegal for a man to beat his wife. • The rule of thumb expression comes originally from English common law that said that a man could beat his wife with a rod or a switch, so long as its circumference was no greater that the girth of the base of the man’s right thumb. No reciprocal right of chastisement was ever accorded to wives. For four decades in the U.S., it was legal for a man to beat his wife. 3

4. Historically • Beating one’s wife was not a crime • Police were not allowed to make arrests in misdemeanor cases -- UNLESS they witnessed the crime 4

5. Police Response in Terms of Arrest Dramatically changed since the 1980s due to: • Changes in misdemeanor laws allowing for warrantless arrests • Changing social views and victim advocacy work • Increasing legal liability • Research focusing on the impact of arrest 5

6. What Doesn’t Cause Domestic Violence • Mental or physical illness • Genetics • Alcohol/Drugs • Anger and Out of Control Behavior • Stress • The Victim! 6

7. Physical VIOLENCE Sexual USING INTIMIDATION USING ECONOMIC ABUSE USING EMOTIONAL ABUSE POWER AND CONTROL USING ISOLATION USING MALE PRIVILEGE Physical VIOLENCE Sexual MINIMIZING DENYING AND BLAMING USING CHILDREN USING COERCION AND THREATS The Power and Control Wheel was developed by the Domestic Abuse Intervention Programs (DAIP). Duluth, Minnesota 7

8. 70% of Law Enforcements Domestic Violence Calls have children present in the home. Children who witness severe repeated violence in the home are six times more likely to become a violent offender later in life. 8

9. 1995 Nashville, Tennessee YWCA NGO Crisis line “A victim of domestic violence calls the (NGO) crisis line for the first time on average after the fifth assault, not the police”.

10. Lethality of Domestic Violence Crimes • 1,706 women in the U.S. were murdered by men in single victim/single offender incidents in 2012 • 93% murdered by a male they knew; 62% were husbands or current intimate partners • 52% of murders by firearms; 69% with a handgun • 22% knives / cutting instruments • 13% bodily force, including strangulation 2014 Violence Policy Center Based on 2012 FBI Supplementary Homicide Report http://www.vpc.org/studies/wmmw2014.pdf 10

11. Men’s Role in Preventing Domestic Violence & VAW • Law enforcement is a male dominated culture… • How is the climate and culture of our profession regarding violence against women? • What are we doing as leaders, men and women, to make the prevention of violence against women crimes a priority? 11

12. Violence Against Women “It is sexual harassment at work. It is sexual abuse of girls and women. It is the beating, or the blow that millions of women suffer each and every day . It is rape at home, or on a date. It is murder. There‘s no secret enemy pulling the trigger. No unseen virus that leads to death. It is only men. Not all men, but far too many men.” - Michael Kaufman The White Ribbon Campaign 12

13. IACP Leadership Institute The National Law Enforcement Leadership Institute is part of a eight -year IACP initiative to address law enforcement’s crucial role in preventing and eliminating crimes of violence against women. The Institutes will engage law enforcement executives in effectively addressing crimes such as domestic violence, sexual assault, stalking, and human trafficking. For more information, please contact: Michael Rizzo – 703-836-6767 ext 818 rizzo@theiacp.org 1-800-THE-IACP ext. 807 13

14. Patrolman Robert T. Frazier Nashville City Police Department, Tennessee End of Watch: Friday, April 30, 1875 Patrolman Frazier was shot and killed while attempting to arrest a man for beating his wife on Whiteside Street. When he told the man he would have to accompany him to the workhouse the man refused to go. When Patrolman Frazier again told him he was under arrest the man pulled a small pistol from his pocket and shot Patrolman Frazier, killing him.The suspect fled the scene but was arrested several minutes later by other officers who had responded to the scene. That night an angry mob broke into the jail; seized the suspect; placed a rope around his neck; and hanged him from a nearby suspension bridge. The rope broke and he was killed when he hit the rocks 90 feet below. Patrolman Frazier was survived by his wife. 15

15. Realities of Domestic Violence/VAW Crimes Officer Ashley Marie Guindon Prince William County Police Department, VirginiaEnd of Watch: Saturday, February 27, 2016 Officer Ashley Guindon was shot and killed while responding to a domestic disturbance in the 13000 block of Lashmere Court in the Lake Ridge area.The male subject at the home murdered his wife and then opened fire on the officers with a rifle as they approached the home. Officer Guindon was fatally wounded and two other officers, including her training officer, were wounded. All three officers were flown to Inova Fairfax Hospital, where Officer Guindon passed away. 16

16. Interconnected & Co-Occurring Strangulation Child Abuse Unlawful Restraint Vandalism Protective Order Elder Abuse Course of Conduct Investigation Lewdness Threats Solicitation Animal Abuse Voyeurism Weapon Violations Witness Intimidation

17. Realities of Domestic Violence/VAW Crimes Common characteristics of violence against women crimes • Course of conduct vs. incident-based • Multiple concurrent crimes • Traumatic impact • Minimization by victim • Underreported • Serial nature of perpetrators 17

18. Trauma is characterized by the feelings of intense fear, helplessness, and loss of control. A hallmark of trauma is that it typically overwhelms an individual mentally, emotionally, and physically. 18

19. Trauma -FETI • FETI – Russ Strand – Behavioral Sciences Education and Training Division at the Military Police School Ft. Leonard Wood • Forensic Experiential Trauma Interview • Genuine empathy – the victim should never be treated a witness to their own crime • Help me understand what you are able to remember about your experience • Listen don’t talk • Exhibiting signs of neurobiology of trauma • Over four year period military police have adopted technique • Law enforcement agencies nationwide are being trained in this technique 19

20. Realities of Domestic Violence/VAW Crimes Commonly missed crimes in the context of violence against women • Stalking • Intimate partner sexual assault • Strangulation • Felony threats • Weapons violations • Kidnapping • Witness Intimidation 20

21. Stalking • 3 in 4 victims are stalked by someone they know • 30% stalked by current or former intimate partner • 1 in 4 victims are stalked/harassed through technology (email, messaging, blogs, internet sites) • 10% report being stalked with electronic monitoring (computer spyware, video/digital camera, listening device, GPS) - Katrina Baum et al, BJS, 2009 21

22. Sexual Assault • 1 in 4 / 1 in 5 college women will be victim of attempted or actual sexual assault during college National Institute of Justice, Bureau of Justice Statistics 10 (Dec. 2000) • As low as 16% of sexual assaults are reported (Kilpatrick, Dean G., et. al. 2007) • 2013 FBI Crime Report = 79,770 rapes (legacy definition) • 2013 Change in Uniform Crime Report definition for sexual assault • Sexual assault is the most underreported violent crime in the U.S. 22

23. Sexual Assault • 16.3% chance that rapists will end up in prison (NCPA from US DOJ stats) • In a sample of imprisoned sex offenders with fewer than 2 known victims, offenders actually disclosed an average of 110 victims • Separate sample found that sex offenders commit sex crimes for an average of 16 years before being caught (Ahlmeyer, Heil, McKee &English 2000) 23

24. Underreported – Center for Disease Control Study • Estimates of 1 in 5 women will experience a completed/or attempted rape in their lifetime • 157,241,700 women in the US (2011 census) • 31,448,340 will experience a completed/or attempted rape 24

25. Free Training www.evawintl.org/olti 40 hour sex assault investigations course online 25

26. Strangulation & Sexual Assault • At least 50% of all DV cases include sexual assault. • At least 25% of all DV cases include strangulation. • At least 25% of all sexual assault cases include strangulation. • It’s difficult for victims to talk about sexual assault and it’s difficult for professionals to ask. 26

27. www.strangulationtraininginstitute.comThe National Strangulation Training Institute (NSTI), funded by the United States Department of Justice, Office on Violence Against Women, is a program of the National Family Justice Center Alliance. Utilizing a network of onsite staff, national faculty and technical assistance providers, the NSTI provides training and technical assistance to family violence professionals throughout the world on Domestic Violence and Sexual Assault Strangulation Crimes. Free Training 27

28. Nationally prosecutors report that witness intimidation plays a role in 75% to 100% of violent crime committed in gang controlled neighborhoods and is near universal in all cases of domestic violence and other areas of abuse. Victim and Witness Intimidation: New Developments and Emerging Responses, October 1995 NIJ.

29. the studies show the percentage of false reports converge around 2-8% in Australia, England, Canada and the US 28

30. Rape 1927-2011 - FBI • The longstanding, narrow definition of forcible rape, first established in 1927, is “the carnal knowledge of a female, forcibly and against her will.” It thus included only forcible male penile penetration of a female vagina and excluded oral and anal penetration; rape of males; penetration of the vagina and anus with an object or body part other than the penis; rape of females by females; and non-forcible rape. 29

31. Rape 2013 - FBI • “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” 30

32. Realities of Domestic Violence/VAW Crimes Reasons co-occurring crimes are missed by officers • Lack of training • Lack of communication • Language barriers • Insufficient supervisor oversight • Personal beliefs and/or biases • Minimization RC/MW 31

33. Realities of Domestic Violence Crimes/VAW Crimes Impact of missing co-occurring crimes • Violence escalates/fatality • Victim and officer safety compromised • Liability issues • Loss of community trust • Recidivism/re-victimization • Victim hesitation to report further incidents RC/MW 32

34. Mass Shootings in United States 2009 - 2014 110 mass shootings* in past five years 57% of mass shootings were related to domestic or family violence. Perpetrators of mass shootings are generally older than perpetrators of gun violence in the U.S. as a whole. While the median age of known overall gun murderers in the U.S. is 26, the median age of perpetrators of mass shootings was 34. In contrast to gun violence generally, perpetrators of mass shootings disproportionately target women. Whereas only 15% of total gun homicide victims are women, 51% of mass shooting victims are women. *The FBI defines a “mass shooting” as any incident where at least four people were murdered with a gun. 34

35. Realities of Domestic Violence / VAW Crimes Officers assaulted and killed 1980 - 2005 • 224,900 police officers were physically assaulted while handling domestic violence calls • 780 of those involved the use of firearms • 157 officers were killed on the domestic violence call Surviving Firearm Assaults at Domestic Violence Calls 2007 Richard Johnson PhD and FBI 35

36. Realities of Domestic Violence / VAW Crimes Officers assaulted and killed 1999-2003 • 143 firearm assault from 39 states involving 131 agencies • 143 assailants and 225 officers fired upon • 43% were hit by gunfire and 14% died • 50% of the assaults occurred at distances greater than 50 feet – most typical shootings occur at 15 feet Surviving Firearm Assaults at Domestic Violence Calls 2007 Richard Johnson PhD – University of Toledo 36

37. Realities of Domestic Violence / VAW Crimes Officers assaulted and killed 1999-2003 • 86% of officers were outdoors when first fired upon • 46% were first fired upon when they arrived on approached the address • 76% of the assailants were outdoors when they first fired on the officers • They were twice as likely to use a rifle or shotgun Surviving Firearm Assaults at Domestic Violence Calls 2007 Richard Johnson PhD – University of Toledo 37

38. Realities of Domestic Violence / VAW Crimes Officers assaulted and killed 1999-2003 • Assailants in DV shootings tended to be older, middle class and white • Most were intoxicated, had prior dv offenses, but few were using drugs or had a history of mental illness • Officers on the evening shift were twice as likely to survive than on the day shift – concealment and darkness • Officers wearing body armor where 6 (510%) times more likely to survive shooting Surviving Firearm Assaults at Domestic Violence Calls 2007 Richard Johnson PhD – University of Toledo 38

39. Realities of Domestic Violence / VAW Crimes Victims of VAW: • Not going to be a “perfect” victim • Often delay reporting crime • Experience trauma because of the violence • Are often threatened, afraid & reluctant • May feel powerless to stop the violence • May have vulnerabilities that perpetrator will exploit Other? newport 39

40. Realities of Domestic Violence / VAW Crimes Perpetrators of VAW: • Plan their crimes • Ensure there are no witnesses • Are strategic and calculating • Engage in “testing” to select victims • Are often repeat offenders with a series of and/or multiple victims • Escalate violence over time Other? 40

41. The FBI reports that between 75% and 90% of all hostage takings in the U.S. are related to domestic violence situations.

42. Maine Commission on Domestic And Sexual Abuse: Risk Assessment Committee 2014 What is risk assessment? Risk assessment is a procedure whereby we measure some characteristics of a person or situation, and then use that information to predict the likelihood of a future negative event, such as re-assault. Risk assessment tools in the domestic violence field have been developed to assess both an offender’s risk of re-offending, and a victim’s risk of lethal assault Maine Commission on Domestic And Sexual Abuse: Risk Assessment Committee 2014 42

43. Why assess for lethality? • Reduces the likelihood of future harm to victims, officers, advocates and others • Helps us recognize, understand and quickly interpret risk factors • Helps transfer information across disciplinary lines and fosters collaboration • Creates a focused approach for criminal justice intervention • A more effective management of police power • Promotes effective case management 43

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45. Domestic Packets 45

46. Lethality Assessment for First Respondersmnadv.org • The Maryland Network against Domestic Violence has developed the Maryland Domestic Violence Lethality Screen and Protocol for First Responders, which offers practical methods of working with victims to assess and act upon the danger they may face. The MNADV established a statewide Lethality Assessment Committee in Fall 2003, composed of law enforcement officers, a prosecutor, an investigator, a parole and probation agent, domestic violence advocates, and researchers who have done significant work in the area of domestic violence. The committee developed a short screen which is an application of the research of Dr. Jacquelyn Campbell of The Johns Hopkins University, who created the nationally respected domestic violence Danger Assessment, and is a member of the MNADV team. The accompanying protocol developed by the committee is the first of its kind, providing guidance on what to do when someone is assessed to be in high danger. 46

47. The Ontario Domestic Assault Risk Assessment (ODARA), a procedure to predict future wife assaults, was developed by the Ontario Provincial Police and the Ontario Ministry of Health http://www.vawnet.org/ 47

48. The Ontario Domestic Assault Risk Assessment (ODARA) • Prior domestic incident • Prior nondomestic incident • Prior custodial sentence of 30 days or more • Failure on prior conditional release • Threat to harm or kill at the index assault • Confinement of the partner • Victim concern • More than one child • Victim’s biological child from a previous partner • Substance abuse • Assault on victim when pregnant • Barriers to victim supported 48

49. Assessing Threats • Does she/he believe the threat? • Was it made in the presence of other people? In writing? In a recorded phone conversation or text messaging? • Is it detailed and specific? • Is the threatened act consistent with past behavior? • Have there been “rehearsals” of the act that is being threatened? • Does the threat extend to others, (the children, police, her new lover, the workplace)? • Does the threat involve murder, suicide or both? 49

50. Assessing Lethality • Threats of homicide or suicide • Access to Weapons • Fantasies or threats of homicide or suicide • “Ownership” of the victim • Obsessed with the victim or family • Separation violence or stalking • Depression • Access to the victim or family • Violating Orders of Protection • Drugs and Alcohol • Escalation of batterer risk 50