Study of Gardner District Court Is Revealing
By Ed Oliver
May 17, 2001
Steve Basile of the Fatherhood Coalition testified last month on Beacon Hill about the results of a domestic violence study he has conducted over the last four years in Gardner.
According to Basile, the study shatters the myth that men are mostly batterers and women are mostly victims who require special protections.
The research involved an examination of nearly 400 Restraining Orders issued by Gardner District Court in the year 1997.
Basile also indicated that the women's group, Jane Doe Inc., has been able to stop scientific research in this area with the help of the state because they know it is detrimental to their agenda.
Two papers from his study are currently under review for publication, the first of which will be presented in July at the University of New Hampshire at its Seventh International Family Violence Research Conference, sponsored by the Family Research Laboratory and the Crimes Against Children Research Center, both of UNH.
The full text of Basile's testimony follows.
Over the past four years, and with the help of many selfless volunteers, I have directed a study of domestic violence and the use of 209A Protective Orders.
The study involved an examination of all non-impounded orders issued by Gardner District Court in the year 1997, nearly 400 of them.
I now have two papers currently under review for publication, the first of which I will be presenting in July at the 7th International Family Violence Research Conference, sponsored by the Family Research Laboratory and the Crimes Against Children Research Center, both of UNH.
Females Equally Abusive
The research was comprised of three components. The first component involved a gender inclusive and neutral examination of abuse. 209A Protective Orders were examined to compare and contrast male and female violence. We wanted to know, for those cases known to the court, were males physically or psychologically more aggressive than their female counterparts?
We discovered, that despite the widespread perception that minimizes or discounts female abuse, examination of abusive behavior as documented by 209A Protective Orders, showed that females and males were almost equally abusive in terms of psychological and physical aggression.
Court Favors Females
The second research component examined the court's response to allegations of abuse across gender boundaries. We wanted to know if the court responded differently to male and female requests for protection.
We discovered that despite gender-neutral language of Abuse Prevention Law, application of that law heavily favored female plaintiffs. Male plaintiffs were substantially more likely to have a decision on their case deferred, or to be denied. No male plaintiff was able to secure long-term custody of his children. A couple of male plaintiffs each secured short-term custody after demonstrating the mother's long, documented, history of substance abuse.
The final research component involved a survey of litigants to examine key characteristics not found in the official record. For example, did plaintiffs, or victims, in these cases; ever-initiate physical attacks against their partners? Were male plaintiffs, more or less satisfied with the process, than were their female counterparts? How many cases involved a custody battle?
Jane Doe Inc. Attacks
Unfortunately, Jane Doe Inc., a battered women's group, distorted our intentions and lobbied key legislators to stop this initiative. As a result, three separate pieces of legislation were filed, and eventually two became law. One filed by Attorney General Thomas Riley pulled address and phone information out of the public domain. One filed by Senator Jacques did the same thing, but also set up an elaborate and probably costly, virtual mailbox system, coincidentally developed in consultation with Jane Doe, preventing even court officials from having direct access to victims.
At no time did any battered woman's advocate or legislator contact us to ask about our research design. To ease concerns we even sent a letter to Jane Doe, suggesting use of their own volunteers to conduct the survey. We got no response and the attacks continued. After intense negative publicity, and concern for my own well being, the well being of my family and the well being of my volunteers, I decided not to continue the survey. We completed only 30.
We were certainly not the first researchers to conduct a domestic violence victim survey in Massachusetts. It was until recently, common practice. But those in power, with political agendas of their own, did not like who we were, or more importantly, what questions we were asking.
Unfortunately, as a direct result of this research, it is now much harder for all to do domestic violence research in Massachusetts. This hurts fathers, their children, and even domestic violence victims, the very people who these advocates are trying to help.
Although the survey is incomplete and by no means scientific, its results are very disturbing if even partially accurate. For example 64% of female plaintiffs, or victims, respond that they sometimes initiated physical attacks upon their partner. Male plaintiffs were very dissatisfied with the process while female plaintiffs were somewhat satisfied. Between 38% and 58% of cases involved a simultaneous custody battle.
Current domestic violence law and policy, and its entanglement with custody law, is a substantial barrier which inhibits many non-abusive, healthy, beneficial father/child relationships. For this reason, fathers are very concerned about domestic violence law and its in-practice application.
Legislation Needed
The legislation you have before you would be a small step in the right direction. The provision, which I am most passionate about, would change "fear" to "threat" (S952 ¤4; S953 ¤5). Although this change may seem subtle to some, I see it as critically important.
On each complaint for protection are four checkboxes, which itemize the four conditions under Massachusetts' law, for which a protective order can be obtained.
We found that in 41-44% of the cases, the plaintiff said that the defendant never harmed, tried to harm, or forced sex. In other words, nearly half the cases involved non-violent relationships. These cases only involve a plaintiff's stated fear of the defendant.
Defending against fear is an impossible task. Everyone knows this. Fear may be justified by threats or threatening behavior, or it may be unjustified. We need to make a distinction. A defendant must do something explicit which threatens the plaintiff. A threat is well defined under current case law. It can be with words, or with other actions. However, it must be something the defendant explicitly does.
The change from "fear" to "threat," while subtle, will surely discourage some plaintiffs in non-violent relationships from improperly asking the court for protection.
Domestic violence is time and time again painted exclusively as something male batterers do to their innocent female victims. Our laws, policies and practices unfortunately reflect this myth.
We cannot close our eyes or hide records that prove that women can batter too. We cannot close our minds to the overwhelming testimony from countless victims that suggest they often also misuse Abuse Prevention Orders. Please support this very important legislation.
Related Story: http://web.archive.org/web/20050214142016/http://www.massnews.com/janedoe.htm
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Book on Violence
Tragic Tolerance .... of Domestic Violence by Paul Szabo, Member of Parliament of Canada
This is a consolidation of surfing the net and doing a lot of research. He plagiarizes from Christina Hoff Somers, Gelles, Straus, Children's Rights Council video tape on the Illinois Visitation Interference law, Richard Gardner, The Journal of the American Medical Association article "Battered Men" and just about everything you've read concerning domestic violence of men and children. It has stats on the fact that 25% of women going to battered women's shelters are not battered but are using them as a hostel and that the gender feminists want to build up the stats on abused women. It has some interesting testimony from the Special Joint Committee on Custody and Access. Paul Szabo was on the panel for some of the Toronto, Ontario hearings. It's great!!! We have the complete book on this website, click here. The book was paid for by the taxpayors of Canada and is free!!!! TRAGIC TOLERANCE … of Domestic Violence
- Paul Szabo
- Member of Parliament, Mississauga South
- Room 175
- Confederation Building
- House of Commons
- Ottawa, Ontario, Canada K1A 0A6
- (613) 992-4848 or fax: (613) 996-3267
- In Canada, you can mail the above address without any postage
- or
- 1684 Lakeshore Rd. W., Unit 20
- Mississauga, Ontario L5J 1J5
- (905) 822-2111 fax: (905) 822-2115
See: http://web.archive.org/web/20050214142016/http://fact.on.ca/Info/info_dom.htm
http://web.archive.org/web/20050214142016/http://fact.on.ca/tragic_t/tragic_t.htm