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Study on Child Abuse and Spouse Battering

Study on Child Abuse and Spouse Battering Department of Social Work and Social Administration and Policy 21 Ltd. The University of Hong Kong. Part One – Findings of the Household Survey. Objectives:

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Study on Child Abuse and Spouse Battering

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  1. Study on Child Abuse and Spouse Battering Department of Social Work and Social Administration and Policy 21 Ltd. The University of Hong Kong

  2. Part One – Findings of the Household Survey Objectives: • To estimate the incidence and prevalence rates of child abuse and spouse battering in Hong Kong; • To analyze the demographic, social, psychological and family profile of perpetrators and victims;

  3. Quality of the study • The first of the same kind in HK • Sample: Adult5,049 Child(Age 12-17) 2,062 • Response rate 70% (high than the requirement 60%) • Random sampling : representative to the HK population • Unique feature: • Children’s involvement • Link of child abuse and spouse battering

  4. Parent-child Conflict Tactics Scale (CTSPC) • Severe physical assault • Slapped him/her on the face or head or ears • Hit him/her on some other part of the body besides the bottom with something like a belt, hairbrush, a stick or some other hard object • Threw or knocked him/her down • Hit him/her with a fist or kicked him/her hard • Very severe physical assault • Beat him/her up, that is you hit him/her over and over as hard as you could • Grabbed him/her around the neck and choked him/her • Burned or scalded him/her on purpose • Threatened him/her with a knife or gun

  5. Summary (1) • Children in the physical maltreatment group • Younger and naturally were attending lower grades at school • Perpetrators: • Similar socio-economic characteristics • lower education • higher proportion of them were recipients of CSSA.

  6. Summary (2) • About 37% of perpetrators of child physical maltreatment were also perpetrators of spouse battering. • About 36% of perpetrators of child physical maltreatment were also victims of spouse battering.

  7. Summary (3) • Perpetrators of child abuse, Poor in: • Anger Management • Support • Self-esteem • Social Desirability • More in: • Substance Abuse • Violence Approval • Cultural Beliefs • Depressive Symptoms • Stressful Conditions • Dominance • Jealousy • Relationship Distress • Negative Attribution

  8. Summary • Estimation of incidents: About seventy thousand children under 18 suffered from severe violence by parent within a year. About one hundred and sixty thousand couples suffered from spouse battering in a year. • Huge number of unreported cases • Nexus between child abuse and spouse battering • Interlink among various types of abuse.

  9. Major issues • 1. Central coordinated mechanism • 2. Policy and resources allocation • 3. Risk families • 4. Public Health approach of violence prevention：Health, school, social services • 5. Legal review

  10. 1. Central coordinated mechanism • Multi-disciplinary Case Conference • [研究結果和社署檔案「有出入」，但研究是按學術指標去量度暴力，如「打屁股」也可列入輕微暴力，和舉報數字不同，是全球趨勢，且研究由兒童自己匯報，專家評估後未必界定為虐兒。] 明 報 2005年6月22日

  11. a. Huge gap between identified and hidden cases

  12. b. Human factor in case establishment • Nexus between child abuse and spouse battering • However, from 1998 to 2004, established child abuse cases increase 52%; while spousal abuse cases increase 234%. • Apparent un-correlated change in both rates – contradict to the worldwide and HK territory-wide evidence.

  13. c. Increasing ratio of physical assault • Child physical abuse: 47.5% in 1997 vs 58% in 2004

  14. d. Rate of child abuse establishment • Source: TinShuiWai panel report 2004 • Outcome of MDCC chaired by SWD: • Rate (established and at risk)= 72% • Rate (established) = 49%

  15. Multi-disciplinary and multi bureaux involvement • Domestic violence is a multidisciplinary issue • DV is not only a welfare issue, it’s a multi-disciplinary and multi Bureaux • Health, Welfare and Food Bureau • SWD • Department of Health • Hospital Authority • Education and Manpower Bureau • Home Affairs Bureau • Housing, Planning and Lands Bureau • Security • Hong Kong Police Force • Department of Justice

  16. Implications • Working groups: Committee on Child Abuse (CCA), Working Group on Combating Violence & Working Group on Elder AbuseConvene by Chief Secretary for Administration • Domestic Violence Serious Injury or Fatality Review: should be multi-bureaux

  17. 2. Policy and resources allocation • A governmental anti domestic violence policy • More resources should be put on prevention, rather than remedial services: e.g. public education, training, support to risk families

  18. 3. Risk families • CSSA • New arrival family • Single parent family • Chronic illness • Disability • Indebtedness • Unemployment

  19. The Perpetrators and Non-perpetrators:Whether CSSA recipients

  20. 4. Public Health approach of violence prevention • WHO • Surveillance • Risk factor identification • Intervention evaluation • Implementation • Health, school, social services

  21. Strategies of Violence Prevention • Universal strategies focus on the entire population as the target. Prevention is implemented through reducing risk and enhancing health. • Selective strategies target at high-risk groups and individuals, though not all members of the groups bear risks. Prevention is implemented through reducing risks. • Indicated strategies target at the symptomatic and marked high risk individuals and provide interventions to prevent full-blown disorders and re-offending violence.

  22. 5. Legal review • a. Court-mandated batterer intervention programmes (BIPs) • b. Legal measures • c. Reform of DVO

  23. Court-mandated batterer intervention programmes (BIPs) • Recommendation 1 • The batterer intervention programmes (BIPs) could be launched under the existing systems. (a) Voluntary participation enhanced by the coordinated referral system and public publicity of the programmes; (b) A sentencing condition attached to a probation order enhanced by the coordination with the court and the probation officers; and (c) Prison-based BIPs enhanced by the coordination with the Correctional Services in providing the structured treatment programmes to the domestic violence offenders. (Chapter 6)

  24. Recommendation 2 • The Court can make mandatory counselling order for the batterers to attend a BIP by the following ways: (a) As a condition attached to the non-molestation order under the DVO (Cap 189); (b) As a condition attached to a bind-over order; and (c) Placing a counselling order separately in criminal proceedings. (Chapter 6)

  25. Recommendation 3 • To make BIP an order issued by the Court, the laws to be amended include the DVO (Cap 189), the Section 109I of the Criminal Procedure Ordinance (Cap 221), the Section 41 of the Offences Against The Person Ordinance (cap 212), and the Section 61(1) of the Magistrates Ordinance (Cap 227).(Chapter 6)

  26. Recommendation 4 • The content of the counselling order in legislation shall include the order for the offender to participate in and successfully complete a BIP, standards for BIPs and the punishment for the breaching of order. (Chapter 6)

  27. Recommendation 5 • To launch a time-limited pilot project to implement the court-mandatory BIP in Hong Kong. The following strategies are recommended: (a) A group including the police, medical practitioners, social service practitioners, probation officers, prosecutors, judges and academia should be formed in preparing, monitoring and evaluating the pilot project; (b) The steering group will work out standards for the BIP and consult service providers; (c) The steering group will certify a list of piloted BIPs; and (d) The steering group will prepare the formation of the Batterers’ Intervention Programme Authority. (Chapter 6)

  28. Recommendation 6 • A set of strategies required for the implementation of BIP: (a) All BIPs should share common goals of reducing the re-offending rate, increasing victims’ safety, holding batterers accountable for the violence used and stopping their abusive behaviour. (b) Pre-intervention risk assessment and the psycho-social assessment of the batterers is recommended to inform the specific designs of the BIPs. (c) The BIPs should have written policies and strategies to secure the safety of victims.

  29. (d) The BIPs could last from 24 to 52 weeks, with a 1.5 hour session each week. Evaluation of the effectiveness of programmes with different durations should be conducted to provide empirical support for the programme duration. (e) Programme evaluation of the effectiveness of the programmes should be conducted, with the criteria of success defined as ending violence as reported by victims, reducing the re-offence/recidivism rate, increasing victim safety, and reducing drop out or the attrition rate. (f) Programme standards should be explicitly stated, with the collaborative effort of service providers and the SWD. (Chapter 6)

  30. b. Legal measures • Recommendation 7 : A governmental domestic violence policy is made to state clearly the commitment of the government to tackle domestic violence, philosophy in combating domestic violence, and the strategies in fighting against and preventing the domestic violence. (Chapter 7)

  31. Recommendation 8 (a) Education for professionals like physicians, nurses, lawyers, teachers, social workers, psychologists etc. on the risk assessment of suspected cases is needed. Appropriate and prompt referral should be made; and (b) More empirical studies on the reporting practice are needed. With the empirical support, strategies in improving reporting from professionals, including mandatory measures, should be examined. (Chapter 7)

  32. Recommendation 9 • Improvement on the practice of arrest is enhanced by providing clear policy and practice guidelines on arresting domestic violence crime. Including: (a) Evidence gathering; (b) Investigation; (c) The report of the case investigation should be filed to the Department of Justice for the consideration of prosecution; (d) Providing support to victims; (e) Information system; and (f) Training. (Chapter 7)

  33. Recommendation 10 • Improvement on the prosecution practice is made by adopting independent/proactive investigation. (Chapter 7)

  34. Recommendation 11 • To set up a domestic violence court in Hong Kong that would handle all criminal and civil cases involving allegations of domestic violence or a violation of an injunction order. (Chapter 7)

  35. Recommendation 12 • To set up a Domestic Violence Serious Injury or Fatality Review to conduct a thorough review on domestic violence serious injury and fatality cases with regards to the causes of death, service provision and psycho-social risk factors. (Chapter 7)

  36. Recommendation 13 • Education for the public and training for legal actors is needed as a strategy of prevention of domestic violence. (Chapter 7)

  37. Recommendation 14 • The existing support services for victims and witnesses should be well coordinated with and supported by the legal system. (Chapter 7)

  38. c. Reform of DVO Recommendation 15: (a) Violence, defined in the DVO (Cap 189), includes physical assault, sexual violence, psychological abuse, neglect (for children and elderly), stalking and exposing a child to domestic violence; (b) Psychological abuse involves psychological harm or trauma, caused by physical or sexual violence, or the threat of physical or sexual violence, or coercive tactics; (c ) Neglect should be included as a type of violence under the DVO (Cap 189). For the definition of neglect in legal terms, it should be carefully studied and publicly consulted;

  39. (d) Stalking in domestic relationships should be criminalized, as recommended by the Law Reform Commission; and (e) The making of a child witnessing domestic violence by a perpetrator of domestic violence should be regarded as a form of criminal child abuse. (Chapter 8)

  40. Recommendation 16 • The scope of provision of the protection of the DVO (Cap 189) should include an applicant who is “associated with” the respondent/defendant if: - (1) They are or have been married to each other; (including married or divorced couple) (2) They are cohabitants or former cohabitants; (including heterosexual and same-sex couples

  41. (3) They live or have lived in the same household, otherwise than merely by reason of one of them being the other’s employee, tenant, lodger or boarder; (4) They are relatives; (5) They have agreed to marry one another (6) They are parents in relation to any child; or have or have had parental responsibility for the child; (7) They are parties to the same family proceedings (8) Relevant child

  42. (b) A child should have the right to apply for an order on his or her own with the Court’s permission. If the child finds it difficult to work on his or her own, he or she can be represented by the SWD, with his or her consent, to apply for the restraining orders; and (c) “Cohabiting” in the same household could be used as one of the criteria to identify intimate relationships. However, it should not be the pre-requisite of defining relationships. (Chapter 8)

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