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Family
Violence Forum
Volume 4, Number 3
Winter 2005
About
the Family Violence Forum
This newsletter is the product of the Family Violence
Community of Practice-a collaborative team of
researchers, educators, and information specialists with
the mission of improving the justice system's response
to violence within the family. We are pleased to
introduce the latest issue of the Family Violence
Forum. For previous newsletters and a full array of
court-related information on family violence, visit us
at the Center
for Family Violence and the Courts.
A
Personal Note from the Editor
By Brenda K. Uekert
This issue of the Family
Violence Forum addresses on an often-neglected
subject: domestic violence in gay, lesbian, bisexual,
and transgender (GLBT) communities. We are grateful for
the contributions made by Delena Couchman and Susan Holt
of the Los Angeles Gay and Lesbian Center. We also thank
Judge Nancy Campbell of the Circuit Court in Washington
County in Hillsboro, Oregon. Judge Campbell not only
suggested the topic, but was kind enough to participate
in an interview. The Forum welcomes reader
suggestions for topics for future newsletters and
encourages your input.
NCSC
Happenings
NCSC Receives Grant from the Archstone Foundation to
Support Work in Elder Abuse
The Family Violence
Community of Practice is pleased to announce that the
National Center for State Courts has received a grant
from the Archstone Foundation for our innovative work in
the area of elder abuse. The $15,000 grant will be used
to support the activities of the recently created Elder
Abuse and the Courts Working Group. Nationally renowned
members of the working group, representing various
disciplines and government agencies, will hold their
first meeting in April 2006 at NCSC headquarters in
Williamsburg, Virginia. The group is charged with
helping courts learn how to better identify elder abuse
cases and improving court responses. For more
information, contact the chair of the Elder Abuse and
the Courts Working Group, e-mail Dr.
Brenda Uekert or call 757-259-1861.
We
Want Your Feedback!
The Family Violence Forum would like to hear
from you. If you would like to request technical
assistance, or have comments/suggestions for the Forum
staff, please e-mail Madelynn
Herman or Dr.
Brenda Uekert or call 800-616-6164.
Subscribe
to NCSC e-newsletters.
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Domestic
Violence in the Lesbian, Gay, Bisexual, and Transgender
(LGBT) Community
By Delena Couchman and Susan Holt
The domestic violence
movement is approximately 35 years old. The lesbian,
gay, bisexual and transgender (LGBT) violence movement,
however, is at least 30 years behind the mainstream
domestic violence movement in terms of available
resources, information, and research. Although
same-gender domestic violence is not a new phenomenon,
there are very few resources for victims, abusers, or
service providers who specialize in this
issue-essentially risking the lives of thousands each
year.
Many of the dynamics of
partner abuse are identical to same-gender and
opposite-gender relationships. LGBT domestic violence
has unique factors, however, that relate to anti-LGBT
bias (homophobia, biphobia, transphobia, and
heterosexism) within society and the overall context in
which LGBT domestic violence occurs. In addition, many
control tactics used by LGBT batterers are dependent on
this context. LGBT persons are currently not afforded
over 1,000 basic civil rights that are afforded to
married heterosexual couples, complicating the ability
of LGBT persons to locate and receive effective
intervention/services, as well as the ability of service
providers to respond appropriately to their multiple,
complex, and often unique needs.
LGBT persons may fear
being "outed" after disclosing partner abuse;
be afraid of unfair treatment by law enforcement and
service providers; or be concerned about the impact of
the domestic violence or their sexual orientation on
child custody. In addition, many LGBT persons may be
struggling with their own internalized homophobia,
biphobia, or transphobia, which can be exacerbated by
the domestic violence while increasing the difficulty of
either victim or batterer to break the cycle of
violence.
Domestic violence service
providers who generally work with heterosexual survivors
may have more difficulty screening and differentiating
between the LGBT batterer and the survivor. While there
are few services available to LGBT victims and
survivors, there are even fewer for LGBT abusers.
LGBT individuals may fear
that they will be treated with prejudice; that others
may not believe or take them seriously; or that others
will treat them with hostility if they disclose their
sexual orientation, as well as the domestic violence. In
fact, seeking services for partner abuse forces the LGBT
victim and batterer to reveal their sexual orientation-a
major life decision.
Many LGBT persons have no
support from their families because of the refusal of
their families to accept the LGBT person's sexual
orientation or gender identity. This, in turn, increases
traumatic bonding within the abusive relationship.
There are currently no
state statutes that specifically include LGBT domestic
violence. While some statutes use gender-neutral terms,
they are applied inconsistently or not applied at all to
members of the LGBT community.
Here are some steps that
can be taken to improve responses to LGBT domestic
violence:
- Let your community and
staff know that you are supportive of lesbian, gay,
bisexual, and transgender people.
- Develop literature
that is gender neutral and inclusive of all sexual
orientations and gender identities. Develop forms
that are gender neutral and non-heterosexist (i.e.,
relationship status rather than marital status).
Display LGBT-friendly or -specific materials
(posters, stickers, books, etc.) in a visible
location. (To obtain LGBT-specific domestic violence
prevention posters and bumper stickers, please
contact the L.A. Gay & Lesbian Center's STOP
Partner Abuse/Domestic Violence Program at
323-860-5806.)
- When possible ensure
that referrals are for LGBT-specific or -sensitive
services. Make sure that LGBT training and education
is consistently available for all staff and
volunteers.
- Challenge
discriminatory attitudes, behaviors, stereotypes,
and biases. Adopt anti-discrimination policies that
include sexual orientation and gender identity. Make
your organization open and empowering for LGBT
employees and applicants. Identify and examine your
own feelings and attitudes about LGBT persons.
Acknowledge and challenge your biases. Replace
heterosexually based language with gender-neutral
terminology until the gender of the client's partner
is disclosed.
- Don't make assumptions
about anyone's sexual orientation or gender
identity. Respect the LGBT person's anxieties about
disclosure of sexual orientation and gender
identity. They are based on realistic fears of
discrimination and its effects on child custody,
family support, employment, job security,
deportation, etc.
- Don't force disclosure
of sexual orientation or gender identity. It should
always be left up to the client. Don't assume that a
client's lack of disclosure indicates that she or he
doesn't want to talk about it. She or he needs to
know that you can acknowledge her or his sexual
orientation or gender identity without judging it.
Be sure to inquire about children and provide
extensive information about the effect that domestic
violence has on them. Understand that LGBT clients
may hesitate to talk to you about their children for
fear of losing custody because of sexual orientation
or gender identity.
- Because domestic
violence is generally discussed within a
heterosexual context and with heterosexually based
language, many LGBT victims or survivors may not
believe that "domestic violence" actually
applies to their situation. An additional amount of
education about the dynamics of abuse and its
prevalence in the LGBT community will need to be
provided.
- Determine what common
misconceptions LGBT clients have about domestic
violence (e.g., "men are not victims" or
"women don't batter") and help them
challenge those myths. Learn about the stages of the
identity-development and coming-out processes and
tailor your interventions accordingly. Because
sexual assault is often an integral part of domestic
violence, educate clients about it and make sure
that realistic safer-sex practices are a part of
safety planning.
- Be cautious when
referring LGBT clients to domestic violence services
before you have conducted a thorough assessment and
have accurately determined whether victim/survivor
or batterer services are most appropriate.
- Assist LGBT clients in
identifying options for LGBT-specific or -sensitive
services and don't be hesitant or afraid to refer
the client to them.
- Learn about resources
in the LGBT community and encourage LGBT clients to
use safe and supportive networks within the LGBT
community when appropriate.
Delena Couchman is
the Partner Abuse and Domestic Violence Prevention
Program Coordinator for the Los Angeles Gay and Lesbian
Center's (LAGLC) STOP Partner Abuse/Domestic Violence
Program-the largest and most comprehensive LGBT-specific
domestic violence program in the nation. Susan Holt is
the director of Family Violence Services at the LAGLC
and the STOP Partner Abuse/Domestic Violence Program.
For additional information, contact the LAGLC's STOP
Program at 323-860-5806.
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Interview
with Judge Nancy Campbell
By Denise Dancy
The Honorable Nancy W.
Campbell is a Circuit Court judge in Washington County
in Hillsboro, Oregon. Judge Campbell is committed to
increasing awareness of the special issues and needs
surrounding domestic violence in sexual minority
relationships. Judge Campbell has given numerous
presentations on the subject to audiences-including most
recently to the American Judges Association. She is also
the chair of the "Working Toward Equality:
Responding to Sexual Minority Domestic Violence"
Conference held December 2, 2005, in Wilsonville,
Oregon.
Point of Explanation: The
abbreviation GLBT is used in this interview to refer to
members of the gay-lesbian-bisexual-transgender
community (the sexual minority). The term LGBT
(lesbian-gay-bisexual-transgender) is used
interchangeably. Additionally, other nomenclature may
add or substitute other initials for more-specific
references to other groups of the larger community-such
as GLBTI (the "I" refers to "intersex"),
GLBTH (the "H" refers to the HIV-positive
population in the community), or GLBTQ (the
"Q" can refer to "questioning" or
"queer"), or any larger combination of them (GLBTQQ,
GLBTIQQH, etc.).
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DD: How
did you become interested in sexual minority
relationships as they relate to domestic violence?
NC: I
had a manslaughter case two to three years ago involving
a same-sex couple in what began as a caretaker situation
with an elderly disabled victim and a caretaker who was
20 years younger. I was aware of the defendant's
background and had dealt with the couple on previous DV
assault charges. The defendant-the caretaker-had one
prior conviction in Hawaii (where they first met and
became involved) and two priors in Oregon. The victim
had inherited a substantial sum of money from a
well-known local heiress. The relationship ultimately
became sexual, moved to financial abuse and other abuse
and ultimately to the elderly man's death.
Sometime shortly
thereafter, I received a call from Offender Counseling
as far as what kind of offender treatment would be
appropriate in such cases. Most programs have
traditionally put GLBT folks in with straight people in
the same program. That's not appropriate. I also
personally know someone who was in a same-sex
relationship with a woman at work that went bad and
became abusive. The abusive partner threatened to
"out" the other woman at work-which means to
betray her sexual orientation when it is not common
knowledge to others. That is a huge concern for members
of the GLBT community-being "outed" when they
are not ready to be "outed" or to
"out" themselves. Many people do not want to
be outed, and it is often used as a form of intimidation
and threat in abusive relationships. Putting GLBT folks
in with straight people in counseling/treatment programs
essentially "outs" them too!
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DD: What
types of specific issues make domestic violence in the
GLBT community different from domestic violence among
heterosexual partners?
NC:
Isolation is a BIG one-especially from family and other
friends. The GLBT is a much smaller community. In order
to get help or admit to issues of domestic violence in
their relationships, victims essentially have to
"out" themselves; they fear losing their
children if they have custody of them; they fear finding
another partner. This brings extra concerns when they
are HIV positive. In addition, the GLBT community often
wants to ignore that this happens. They do not want to
challenge the "myth" that these kinds of
relationships do not have or suffer from the same kind
of abusive dynamics that heterosexual relationships do.
To admit it just compounds any discrimination they
already experience, and they don't want to be
discriminated against. It also has implications in light
of the current movement to get gay marriages recognized
through supporting legislation, etc.
Then there is the
"myth of mutual combat"-that both partners
willingly and mutually participated in the abuse. That's
a hard one to address, particularly in the GLBT
community with same-sex partnerships, because of the
beliefs that "women don't batter" and
"men don't become victims." The lack of
information out there drives the perpetuation of these
myths in the general population. It is even more
difficult to dispel and address in the GLBT community,
which already suffers from so much misunderstanding.
Another issue is that if
the victim actually decides to seek help and makes a
domestic violence call to the police, there is real
concern that the police will also perpetuate the myth of
mutual combat and just say they are doing it to each
other. There is a real fear too that they won't get the
support from the police or in the system if they come
forward and seek help.
Finally, there are still
some real concerns over being prosecuted yourself if you
seek help. Sodomy laws were only recently struck down by
the U.S. Supreme Court. Historically, gays have feared
prosecution under these laws and occasionally have been
prosecuted. If you admit you are in a same-sex
relationship, you are essentially admitting you are
committing sodomy.
DD:
Generally, how does the criminal justice system treat
domestic violence in the GLBT community?
NC: It
would be hard to generalize to the larger criminal
justice system. What I can speak to is what I am seeing
in my own larger community and in my own court here in
Oregon. Oregon has one of the largest concentrations
(proportionally) of members of the GLBT community. The
Portland metro area has a large in number in that
community and is fairly liberal in their views and
acceptance generally. However, the gay-marriage law was
struck down statewide-mostly by votes coming from the
rural areas. What I can say, though, is that I believe
even in those areas we are seeing a shift in thinking.
Police in the very rural and conservative parts of the
state registered for the conference we just convened
last week on "Working Toward Equality: Responding
to Sexual Minority Domestic Violence." That says
something itself. The mayor of Portland welcomed
participants to the conference.
Sexual minorities do have
access to the courts, but there are almost NO men's
shelters in the U.S. Part of the problem with little or
no access or availability is due to the fear from other
residents of having sexual minorities present. There are
also very specific issues related to
transgender/transsexual DV, which has even higher
incidence rate. Many of these folks are going through
hormone therapy in preparation for or as part of an
ongoing process for a sex change. Finding an appropriate
shelter for them or that will accept them is
particularly challenging-they are transitioning from one
gender to another.
DD: What
steps can judges take to more effectively handle
domestic violence cases in the GLBT community?
NC: The
NUMBER ONE thing I would suggest is, "Take it
seriously and give due respect." Reflect and model
a sense of community and culturally appropriate
responses and interactions. Other suggestions I have:
- Don't assume it is
"mutual combat." Garner some knowledge
about the dynamics and use factual information to
determine who the victim is and who the abuser is.
- Try not to
"out" them in the process of the case.
- Don't make a big deal
about it being "same sex."
- Communicate clearly to
other staff and court personnel that making fun is
NOT acceptable!
- Have written materials
readily available that address or include domestic
violence in sexual minority relationships.
DD: What
do you consider to be promising practices in treating
domestic violence sexual/gender minority offenders?
NC: A
very specific behavior of these offenders that must be
addressed and is a very important component of offender
programs/treatment in these cases is the seriousness of
their threatening to "out" a sexual minority.
The programs need to address how he/she is offending by
"outing" the other person and the fear of or
real isolation that results from that for the
survivor/victim. There are several programs across the
country that incorporate this and other promising
practices and services:
- The L.A. Gay &
Lesbian Center's STOP Domestic Violence program in
California
- The Gay Men's Domestic
Violence Project in Cambridge, Massachusetts
- The Network La Red in
Boston, Massachusetts
- The New York City Gay
& Lesbian Anti-Violence Project
There are also several
good books that provide appropriate approaches and
practices for courts and other professions dealing with
these issues. I would particularly recommend Same
Sex Domestic Violence: Strategies for Change,
edited by Beth Leventhal and Sandra Lundy. [See the Resource
Corner in this edition for more information on
the above programs and books available.]
DD: From
your experience, how receptive are the criminal justice
agencies and the courts in learning about this topic and
improving responses?
NC: They
are becoming more aware. At least there is an interest
now. A total of 320 judges, lawyers, police, advocates,
treatment providers, probation officers, health
practitioners, etc., attended the conference. I do not
know the exact total number of judges and court
representatives, but I do know that there were more than
20 judges and/or court representatives among them. The
U.S. Attorney for Oregon also attended. There is a
growing recognition that they need to learn more. I am
hopeful. I think it will take a while, but I am hopeful.
Most people-especially in the criminal justice system
and the courts-want to do what's right, and they realize
we don't know much in this area.
For more information,
contact Nancy
Campbell .
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Resource
Corner
Domestic Violence and the LGBT Community: A Need for
Sensitivity, Programs, and Services
By
Madelynn Herman
Domestic violence victims in
the lesbian, gay, bisexual, and transgender (LGBT)
community face additional challenges when accessing
programs and services. For instance, the definition of
eligible petitioners for orders of protection does not
include same-sex couples in some states. Addressing
claims in courts can also be problematic to same-sex
victims if they do not want to expose their sexual
orientation. Support services that address the specific
needs of same-sex victims are also very limited. For men
especially, there is a severe lack of crisis
accommodations for victims needing shelter.
All personnel who work in
the area of domestic violence need to be sensitive to
issues impacting LGBT victims and abusers. Community
awareness should be increased to create positive and
appropriate responses, improve the levels of services,
and initiate collaborations that can develop
individualized safety plans. Responses can start by
utilizing existing domestic violence services. In
addition, domestic violence shelter staff, police,
judges, defense attorneys, probation officers, and court
staff should receive training in LGBT issues.
The following resources
have been gathered as a starting point for communities
and justice agencies.
Laws and
Statistics
Domestic
Violence Laws in the U.S. (as of February 24, 2005).
National Gay and Lesbian Task Force. This U.S. map shows
which states accept gender-neutral laws with regards to
domestic violence orders of protection. Six states have
domestic violence laws that explicitly exclude same-sex
survivors of domestic violence.
Lesbian,
Gay, Bisexual, and Transgender Domestic Violence Report
in 2000. National Coalition of Anti-Violence
Programs (2001). This report describes incidents of
domestic violence in the LGBT community that were
reported during the year 2000 to community-based
anti-violence organizations in nine regions throughout
the United States.
Dolan-Soto, Diane R., and Sara Kaplan. New
York Lesbian, Gay, and Transgender Domestic Violence
Report, 2003-2004. New York City Gay and Lesbian
Anti-Violence Project (2005). The New York City Gay and
Lesbian Anti-Violence Project is a crime victim services
organization that provides specialized victim services
for the LGBT community. These services include an
emergency hotline, walk-in counseling, and other related
domestic violence services. This report provides
detailed statistics from this project. A graphic of the
Power and Control Wheel for LGBT relationships is also
of interest. Copies of intake forms, incident report
forms, and police response forms are also provided.
Lesbian
Battery-Stats & Facts. Sanctuary for
Families.org. Statistics, facts, and myths are outlined.
Tools & Services for the LGBT Community
Domestic
Violence in Gay, Lesbian, Transgender, and Bisexual
Communities-Participant Manual. New York State
Office for the Prevention of Domestic Violence (July
2001). This manual gives health and human service
providers the knowledge and skills necessary to respond
to LGBT victims of domestic violence sensitively and
effectively.
Domestic
Violence in Gay, Lesbian, Transgender, and Bisexual
Communities-Trainers Manual. New York State Office
for the Prevention of Domestic Violence (February 2001).
This manual gives trainers for health and human service
providers the knowledge and skills necessary to respond
to LGBT victims of domestic violence sensitively and
effectively.
Cope, Allison, and Julie Darke. Making
Women's Shelters Accessible to Transgendered Women.
Trans Accessibility Project (October 1999). This manual
was written to assist shelters for abused women in
making the changes required to provide transgendered
women with respectful and supportive services.
Gay
Men's Domestic Violence Project. This Cambridge,
Massachusetts project provides community education and
direct services for clients. Shelter and guidance for
gay men are also provided.
L.A.
Gay and Lesbian Center. This program provides a
variety of services to LGBT victims of violence, such as
court-ordered batterers' intervention programs,
survivors' groups, crisis counseling, LGBT training, and
referrals to LGBT shelters.
The
Network La Red. This Boston program provides hotline
services, emergency shelter services, advocacy, and
outreach for battered lesbian, bisexual, and transgender
women and their children.
Suggested Reading
Poorman, Paula B., Eric
P. Seelau, and Sheila M. Seelau. "Perceptions of
Domestic Abuse in Same-Sex Relationships and
Implications for Criminal Justice and Mental Health
Responses." Violence and Victims 18, no. 6
(December 2003): 659-69.
McClennen, Joan C., and
John Gunther. A Professional's Guide to
Understanding Gay and Lesbian Domestic Violence.
Lewiston, NY: Edwin Mellen Press, 1999.
Leventhal, Beth, and
Sandra E. Lundy. Same Sex Domestic Violence,
Strategies for Change. Thousand Oaks, CA: Sage
Publications, 1999.
Further
Information
See also, the Domestic
Violence in the LGBT Community Resource Guide for
additional information. To request information from the
NCSC call 800-616-6164. To inquire about technical
assistance, please contact Dr. Brenda K. Uekert at
757-259-1861.
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Center for State Courts
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