The criminal justice system has established increasingly tighter controls over the funding and functioning of domestic violence and rape crisis centres, and hence, over you, the advocate. Throughout the US, this criminal justice system control of advocates has succeeded in corralling crisis centres into a narrow role of passive service providers while crushing crisis centres' role as advocates and agents of social change.
In short, the current violence against women movement has become increasingly embedded in the criminal justice system. This creates a profound and highly unethical conflict of interest for advocates, and a dangerous void of advocacy for victims. Most advocates in the US today are unable to act independently on behalf of their clients in the criminal justice system, at exactly that point at which vigorous advocacy for victims is most needed.
It is bad enough that rape ...
and domestic violence victim advocates have no official powers for advocating in a system which has more unfettered power than any other government entity. At least back in the early years of the violence against women movement, advocates were independent agents. In the last ten years, however, criminal justice officials have cunningly gotten ever increasing control over advocates and their work.
Today, most core funding for domestic violence and rape centers flows from the federal government and is administered either by a state criminal justice office or state health department. In order to renew these grants every year, many states (including California) require that the victim centers obtain the signatures of their local law enforcement chiefs. This gives law enforcement officials direct veto power over the core funding of victim advocate centers. And whether you are aware of it or not, law enforcement is using this power to control you one way or the other.
In California, for example, the State Office of Criminal Justice Planning (OCJP) administers the violence against women funds. And every year, as a condition of grant renewal, OCJP requires all rape and domestic violence centers in the state to obtain the signatures of every local police chief in the center's area, the signature of the district attorney, and of other law enforcement officials. Naturally, if law enforcement officials feel that advocates are pushing them too hard to deal more seriously with violence against women, all law enforcement has to do is simply refuse to sign onto the annual grant request, or threaten to refuse to sign.
This is not an idle or theoretical threat. There are many cases around the country where law enforcement has indeed withheld their signatures from crisis center grant requests in order to punish centers for their vigorous advocacy. What's much more common, though, and in many ways more insidious, is the quiet touch. It's carried out in a couple of ways. Law enforcement officials may approach agency directors and boards to lodge their protests about certain advocates. Agency directors, knowing they need the official's signature, simply reign in the advocate, fire the advocate, and/or write policies into the agency rule books that prohibit advocates from confronting law enforcement. Such repression and firings of women's strongest advocates and ever more restrictive internal good-girl policies have become commonplace in rape and domestic violence centers around the country. Nowadays, an ardent feminist doesn't even get hired in the first place.
The predominance of counseling, social services, and accompaniment services have won out over vigorous advocacy and social change. Feminist analyses, activism, and strategies have been abandoned. Advocacy has been whittled down to service providing. Social change has become social work. And woe to the victim who thinks she has a real advocate on her side who is free and willing to stand up and fight for her rights.
Dependence on law enforcement signatures for grant funds, by itself, puts rape and domestic violence centers into a profound conflict of interest to the great detriment of their clients. It's a conflict of interest that has only worsened as the federal violence against women moneys have increased.
End Part 1.
Copyright © Marie De Santis,
Women's Justice Center,
www.justicewomen.com
rdjustice@monitor.net
Friday, March 21, 2008
Mapping the Obstacles to Criminal Justice for Women Part 1 of 2
Wednesday, March 5, 2008
Victim Assistance Training Online (VAT Online) - A FREE Program
The Office for Victims of Crime - Training and Technical Assistance Center has a free online training program for those wanting to learn basic advocacy skills. This is primarily for advocates already in a position for an organization, however, it is not necessary at this time.
VAT Online is a basic victim advocacy web-based training program that offers victim services providers and allied professionals the opportunity to acquire the basic skills and knowledge they need to better assist victims of crime. Specific information is also provided to meet the needs of target populations.
When registering, when asked what organization you are with - just input your name again, and that will suffice. You will receive your login and password immediately in your email. Login and your on your way.
This course even offers printable certificates at the completion of the course.
Here is the link: VAT Online
Tuesday, March 4, 2008
ADVOCACY - THE LAW ALLOWS FOR IT
Survivors want your help. They need your advocacy.
It is part of your job, as an advocate, to lend a voice for respect, dignity, understanding and helpful problem solving for battered women.
You, as a victim advocate, have a unique role; different from that of the case manager, the social worker, the mental health counselor, the drug and alcohol professional - different from anyone else who may have been called in to assist.
You are not there to be an impartial or neutral observer. You are there to stick up for your client. You are there to understand what she wants, to understand what is possible within the rules and laws of the welfare system, and to shamelessly promote resolution that supports, to the absolute fullest potential, your client's safety and an unencumbered journey to economic self-sufficiency. The law allows for it. Your client needs and deserves it.
Monday, March 3, 2008
ADVOCATES WILL NEVER JUDGE A VICTIM NOR THEIR DECISIONS
The right decision for one person may not be the right decision for the next. An advocate understands that there are as many “right” ways to do things as there are people. Even if the victim feels they have made some “bad” decisions, they can trust that the advocate will not blame nor judge them. Even if they decide they don’t want to “do anything” now, the advocate will support that decision. No matter what they’ve done or decide to do in the future, the advocate will respect them and the decisions they make.
Read more!AN ADVOCATE IS DIFFERENT THAN A FRIEND
Lots of people need a friend when they are hurting, and friends can assist in a person’s journey towards recovery. However, an advocate is different than a friend in many ways. Sometimes people turn to a friend for advice, but an advocate will never tell a victim what to do. Instead, the advocate will help them to understand the choices that they have, and what the consequences of those choices may be. Some friendships last a lifetime, but an advocate’s job is time-limited. It is the advocate’s role to support them through their immediate crisis and to make sure that they’re connected with the resources they need. The advocate’s knowledge of resources will help them to make the best choice for themselves.
Read more!ADVOCATES WILL BELIEVE
Unlike the police or the nurse that examines a victim, it is NOT the role of the advocate to be “unbiased.” It is the advocate’s job to believe them, to support them, and to help them get connected to the resources that they need.
Read more!ANY INFORMATION A VICTIM SHARES WITH AN ADVOCATE IS CONFIDENTIAL
Confidentiality is the foundation of our work. We as advocates must not discuss any information a victim has given us with anyone, unless they ask us to do so and give us permission in writing. Even if someone says that s/he just wants to know how they are doing, we tell him/her that we cannot affirm or deny whether we are working with that person or not. Simply put - we will not tell anyone - not the police, not a victims family, not their friends - that we are working with this person, unless that client asks us to do so, and then again, we get this in writing.
Limits: For the victims protection and the protection of others, the law places limits on confidentiality. If a client states that they seriously intend to harm themself or another person, we as advocates are mandated by law to report such intent. We also must report if: There is suspicion of child or elder abuse or neglect; a client is pregnant and using illegal drugs; and/or if a client were abused by a psychologist or psychiatrist.
IT WAS NOT THEIR FAULT
The advocate knows that a rape is never the fault of the victim. There is nothing that a person does that can cause another person to rape them. Even if the victim places some of the blame on themselves right now, the advocate will never say or believe that it was the victims fault. Never.
Read more!A VICTIM MUST MAKE THEIR OWN DECISIONS
Any decision the victim makes now belongs to them. You as an advocate will not pressure them to choose one option over another. Advocates will give the client options and help them to sort through those options, but you as an advocate must not make the decisions for them. For example, if the client/victim should decide they do not want to make a police report, then you as the advocate will support that decision. If the client changes their mind and chooses to make a police report in the future, you as the advocate will support them, help them to make the necessary contacts, and be present with them when they make the report, if they so choose.
Read more!ADVOCATES WANT TO HELP
People become advocates because they want to help other people. Oftentimes, a person who experiences a crisis can use the help of someone who is caring, compassionate and knowledgable. An advocate can be that “someone.”
Read more!WHAT IS AN ADVOCATE?
A victim advocate is a person who provides support, advocacy, information and referral services
to those victimized by crime, those suspected of being victims of crimes or family members of a
crime victim. The victim advocate could also provide services to neighborhoods where a crime
has occurred and may provide services to friends, co-workers, classmates or extended family
members of victims.
A victim advocate may be a paid staff member or a volunteer. A victim advocate may be
located within:
- A dedicated agency or program such as a law enforcement agency, prosecutor’s office,
municipal law director’s office, court program or may be member of an independent
program that contracts with any of these organizations. - A community-based agency or program such as a rape crisis center, domestic violenceshelter, child advocacy center, mental health/social services agency or an independent program that contracts with any of these community-based agencies.
provider, victim services specialist or other similar titles. Read more!
