Tuesday, April 8, 2008

Action Alert: New Gun Control Legislation

House Bill 257, which was backed by the NRA, passed the Senate on Wednesday evening after two rounds of intense debate. The bill was originally intended to allow constables to carry their firearms into court, but an amendment to the bill could mean fatal consequences for thousands of women throughout the state of Georgia.

It states that a person who has a license to carry a firearm can carry it "in public transportation," as long as it is not a violation of federal law. Additionally, a firearm license holder can't consume alcohol in a restaurant or other eating establishment while carrying a firearm. Under current law, guns can't be carried in any place where alcohol is served.
Thankfully, some of Georgia's lawmakers understand the danger this policy presents to domestic violence survivors.

Sen. Nan Orrock, D-Atlanta, spoke against the bill."The leading cause of death in domestic violence is gun violence," Orrock said. "Now we're opening up a whole new window to have people carrying guns and imbibing alcoholic beverages." Bartenders and waitresses won't be enforcing the prohibition against drinking and carrying a gun, Orrock said.

Sen. Vincent Fort, D-Atlanta, said that most of the people who have committed mass killings in America recently were not felons, and likely could have legally carried guns. "We might be asking for a tragedy on MARTA or other transit systems, and it might be the next best place to go for the fellow that is about to drop off the edge," Fort said. "Let's keep guns out of places where they don't belong."

Senator Fort even went so far as to add a third amendment that he knew would ultimately not be approved in order to stall the voting and keep the bill from passing.

Unfortunately, these voices of reason are in the minority. This bill was passed at 7pm on April 3, 2008. Those in the Senate who have said that this bill only affects "law abiding citizens" with permits haven't taken into account the fact that many batterers have no criminal record and could legally obtain a concealed weapons permit. And while many women do not wish to follow through on assault or harassment charges, a weapons charge could still keep a dangerous person off the street or establish a documented pattern of violence. House Bill 257 has dramatically decreased the safety of public spaces, not just for survivors of domestic violence but for everyone in our community. Please contact your representatives and senators and let them know that you oppose this legislation and that it must be repealed.

Wednesday, April 2, 2008

Wisconsin amends housing rights to include dv victims

Governor Jim Doyle of Wisconsin has officially signed The Safe Housing Act into law! This new law allows victims of domestic violence to break rental agreements without penalty if they provide their landlord with documentation such as a criminal complaint or a restraining order. The law also makes leases void if landlords punish tenants for calling police or emergency services and prohibits municipalities from enforcing ordinances that charge fees to property owners when tenants call police for help in domestic violence situations.

While supporters have praised this latest effort to reduce the number of barriers to leaving violent living situations, Kathy Kintopf, account executive with Start Renting and board member of the Fox Valley Apartment Association, opposes the legislation and believes that it would place an undue burden on landlords. She issued this charming statement:

“I don’t know if it really protects anyone else in the building if that victim moves out,” Kintopf said. “Where does it stop? Would the bank let me out of my mortgage? Landlords are in favor of helping people, but I’m not convinced this is the best way.”
There are many things wrong with this sentiment. First, the primary victim is often the only one who is in need of protection. The rest of the tenants are only in tangential danger. For example, if the abuser decides to set the apartment on fire, or ends up in a hostage taking situation or shootout with the police, then the other residents of the building are put in harm's way. But that sort of problem is solved if the victim is allowed to leave.

Second, the legislation isn't meant to protect the other residents of the building. It is meant to protect tenants who feel so threatened by the person they are living with that they find it necessary to call the police or file a restraining order for safety. They could choose to have the other party exited from the apartment, but that other person will still know where she lives. Thus, many women must leave the physical premises as a condition of leaving the relationship, and a broken lease leading to back rent and bad credit make it a lot harder to build a new life of safety.

Finally, where does it stop? One would think that the possibility of a murder in her complex, which would, in turn, decrease the appeal of living in that building, would be enough to stop Ms. Kintopf from preventing a woman in danger from leaving a violent relationship. But our society is willing to put stumbling block after stumbling block in the path of women trying to flee from abuse. The burden still rests on the victim to seek legal recourse, testify against a partner whom she loves, support the children they may have together, and find a new job and apartment where her partner cannot stalk her. And, last we checked, she was the victim of crime and the perpetrator of violence is the one who should be punished.

Friday, March 28, 2008

Widespread Survivor Blaming

A national poll in Ireland shows that a large percentage of people believe that rape survivors bear some or all of the blame for their attack.

More than 30% think a victim is some way responsible if she flirts with a man or fails to say no clearly.

10% of people think the victim is entirely at fault if she has had a number of sexual partners.

37% think a woman who flirts extensively is at least complicit, if not completely in the wrong, if she is the victim of a sex crime.

One in three think a woman is either partly or fully to blame if she wears revealing clothes.

38% believe a woman must share some of the blame if she walks through a deserted area.

Cliona Saidlear, policy officer at Rape Crisis Network Ireland, told the press that the results of this study account for the fact that Ireland has the lowest rape conviction rate in Europe.
“We as a society need to have this discussion. It is not just about what other people can do, these are attitudes we can change ourselves because this is not acceptable. If people are thinking somehow because you are drunk or wear certain clothes you are inviting rape then it makes it even harder for a woman to report what happened. You can see this in the massive levels of under-reporting by the victims of rape.”
This statement could just as well have been directed at an American audience. In a nation where this passes for journalism, and this passes for a harmless prank, we can't deny a serious problem of victim blaming with regard to violence against women. Fortunately, the study did show some hope in the fact that younger people were much more likely to place the blame solely on the perpetrator.

Wednesday, March 26, 2008

Women's bodies are not public property

Two years ago in Oklahoma, Riccardo Ferrante, now 34, followed a 16 year-old girl through a Target. He snuck up behind her and without her knowledge managed to situate his camera in such a way that allowed him to take photos under her skirt.

Last week Oklahoma's Court of Criminal Appeals ruled in a 4-1 decision that this did not constitute a crime. Blogger Lawhawk has posted the "Peeping Tom" statute under which Ferrante was originally charged.
Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act, shall, upon conviction, be guilty of a felony.
It was the majority opinion of the Oklahoma Criminal Appeals Court that once this 16 year-old child dared to wear a skirt in public, she forfeited any "reasonable expectation to privacy" concerning what was covered by that skirt. Huffington Post contributor Jessica Wakeman questions this logic, asking:
So, let me get this straight...it's not okay to violate someone in his or her own home, but it is okay to violate that person as soon as he or she sets foot on the sidewalk. Why would the court make such a distinction? To protect all those people who accidentally take photos or videotapes of other people's private parts?
Fortunately, there was one voice of reason sitting on the bench during this case.
The lone dissenting voter on the court, Appeals Judge Gary Lumpkin, wrote, "What this decision does is state to women who desire to wear dresses that there is no expectation of privacy as to what they have covered with their dress. In other words, it is open season for peeping Toms in public places who want to look under a woman's dress."
As shocking and horrible as this case is, it isn't abnormal. It has been "open season" on women in public spaces for quite some time. Allegations that the way a woman dresses could invite sexual assault are alive and well. Allison Stokke and allies are actually having to justify why her picture shouldn't be plastered all over the Internet without her consent. Justifications, we might add, that are falling on deaf ears. The paparazzi and the media consuming public don't think twice about the moral or ethical implications of taking, publishing,or viewing pictures of a private and embarrassing nature.

So Oklahoma didn't trail blaze viewing women's bodies as public domain, they just codified it.

Cross-posted

Monday, March 24, 2008

Domestic violence is never okay

This month, two players for the Pittsburgh Steelers were charged in separate domestic violence incidents within 11 days of one another. However, while wide receiver Cedrick Wilson was released from his contract, linebacker James Harrison is being allowed to remain with the team. Both men assaulted the mother of their children. Both men were charged with simple assault. There appear to be only two differences between these men. The first is Harrison's alleged motivation.

"What Jimmy Harrison was doing and how the incident occurred, what he was trying to do was really well worth it," [Dan] Rooney [team chairman] said of Harrison's initial intent with his son. "He was doing something that was good, wanted to take his son to get baptized where he lived and things like that. She said she didn't want to do it."
Harrison is charged with breaking down the door to his girlfriend's home, breaking her cell phone in half as she attempted to call 911, and slapping her in the face, knocking off her glasses. Apparently, this kind of conduct is perfectly acceptable in the NFL if it is done for religious reasons. As Feministing's Vanessa Valenti notes,

While the Steelers are getting quite the rep for violence against women as of late, the team managers have turned a blind eye to a player slapping his girlfriend because what he was trying to do "was really well worth it."
When the Steelers were accused of condoning domestic violence, they released a statement to "clarify" that they do not approve of domestic violence for any reason, but that "each incident must be considered on a case-by-case basis."

Melissa McEwan at Shakesville brought up another interesting difference between these two players' "cases" that is worth examining.

....[W]hat's also notable is that the man who was released from his contract assaulted his ex-girlfriend, while the man who was retained on the team assaulted his current girlfriend—and undoubtedly the still-pervasive attitude that domestic violence is "between a man and his woman" affected the decision. As long as she stays with him, as long as she's willing to suffer the abuse, that's "their" business.

The ex-girlfriend, by virtue of her "ex" status, no longer belonged to Wilson, so it's easy to see why his hitting her was wrong. But things are always muddier, somehow, when it's a current girlfriend or wife, which signifies our collective belief that men still have some ownership of women with whom they're in a relationship, and therefore have more right to do ugly things to them than men who don't have any claim over them.
Many women in violent relationships feel judged by the outside world because of the pervasive societal notion that if they are unhappy, they should just leave. There are many reasons that women do not leave violent relationships. There are economic considerations, religious beliefs, emotional attachment, the societal belief that a "broken home" is bad for children, family pressures, and a host of other issues for women to consider. A less expected but very prevalent reason that women stay in violent relationships is safety. Abusers often threaten to kill their victims, themselves, their victim's family, and/or their children if they ever try to escape or expose the abuse. Also, statistically, a woman in a violent relationship is most likely to be killed after she leaves or while she is in the process of leaving.

Given the societal prejudice, it would not be surprising if that was a real factor in the Steeler's "case-by-case" decision to keep Harrison on the team. Email the Steelers or call their administrative offices at (412) 432-7800 and tell them that there is no case in which condoning violence against women is appropriate.