High Risk Indicators: Sexual Assault

High Risk Indicators; Sexual Assault Jacqui C. Williams, Principal Consultant

Revisit Intersections of DV/SA High Risk response teams Assessment tools

Stalking Statistics 1,006,970 women and 370,990 men are stalked annually in the U.S. 59% of female victims and 30% of male victims are stalked by an intimate partner. 81% of women stalked by a current or former intimate partner are also physically assaulted by that partner. 31% of women stalked by a current or former intimate partner are also sexually assaulted by that partner.

Definition of Stalking in New York State Section 120 of the NYS Penal Code (http://www.stalkmenot.org/nylaw.html

NYS Penal Code S120.50 Stalking in the third degree . A person is guilty of stalking in the third degree when he or she: 1. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against three or more persons, in three or more separate transactions, for which the actor has not been previously convicted; or 2. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime, as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or

NYS S120.50 cont’d 3. With intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against , or the kidnapping, unlawful imprisonment or death of such person or a member of such person`s immediate family; or 4. Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree. Stalking in the third degree is a class A misdemeanor.

NYS Penal Code S120.60 Stalking in the first degree. A person is guilty of stalking in the first degree when he or she commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 or stalking in the second degree as defined in section 120.55 of this article and, in the course and furtherance thereof, he or she: 1. intentionally or recklessly causes physical injury to the victim of such crime; or 2. commits a class A misdemeanor defined in article one hundred thirty of this chapter, or a class E felony defined in section 130.25, 130.40 or 130.85 of this chapter, or a class D felony defined in section 130.30 or 130.45 of this chapter . Stalking in the first degree is a class D felony.

NYS Response to SA/DV No state wide standard Informal reports from rape crisis programs Forensic examiners may choose to offer services to DV, child fatality and other cases. Separate domestic violence and sex offense courts.

Nationally Joanne Archambault of EVAW Det. Johnson of Kansas City, MO National Coalition Anti Violence Projects National Sexual Violence Resource Center Violence Against Women Network

Omaha, Nebraska In particular, these findings and the supporting evidence from our local case review study, support the contention of many professionals and academics, that "high-risk" domestic violence offenders are not specialists in domestic violence crime, as is [has been] commonly believed in the field.

Rather, such "high-risk" offenders are likely to have extensive, chronic and violent criminal histories that cover a wide range of criminal activities including, non-domestic assaults, drug/alcohol involvement or abuse and weapons violation.

We believe these findings have important implications for the development of interventions in Omaha/Douglas County, for both victims and offender/suspects, which can prevent and reduce the incidence of lethal and serious-injury domestic violence.

Case reviews … should be conducted regularly as part of the coordinated response. …to develop mechanisms for quality control, performance monitoring and outcome evaluation.

Omaha cont’d In future case reviews, process, protocol and performance benchmark criteria (based on existing policies and procedures in the coordinated response) should be established and incorporated into the review process. www.mincava.umn.edu/documents/nebraska/nebraska.html#id2349243

Questions What high risk indicators are present? Where could you obtain more information? What could suggest possible sexual violence? Possible consequences, referrals or resources?

Weapons Used Columbus, 0% of cases involved use of a weapon Boston, 27% of victims reported weapons use. Other regions that reported weapons use rates include Tucson (1%), San Francisco (2%), Philadelphia (8%), Kansas City (9%), Chicago (16%), Colorado (17%), and New York City (19%).

Legal protections may be different. DV advocates may not be aware of the differences in legal protections (such as anti-discrimination ordinances, marriage or domestic partnership access, etc). NYS June 2008 bill passed that grants access to civil orders of protection to LGBTQ people in abusive relationships. Prior to the passage of this bill, civil (family) court orders of protections were only available to couples who were legally married or had a child in common

Result? LGBTQ people are often ignored, re-victimized or sent on a circular track by a system that is not equipped to help them. Additionally, LGBTQ victims often choose to remain in dangerous abusive relationships longer than their heterosexual counterparts.

Incorporating SV Continuum of sexual violence Patterns, not only incidences of behavior Intimate partners may not name, need to be asked Presence or pornography and/or sex paraphernalia Which local resources serve DV and SV victims Similarities and differences in criminal sanctions

Jacqui C. Williams [email_address] www.jc3consulting.com 518.227.1523

High Risk Indicators: Sexual Assault

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