Revisions clarify law on false claims of child abuse

"They wanted to call attention to it," Ellison said, adding he remains concerned about the potential fallout for mothers trying to protect their children from an abusive father.

"Basically this is a bill designed to protect husbands in divorce cases," Ellison said. "This is a bill written by men for men." 

http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20110807/NEWS/108070329

 

August 07, 2011

By Sanne Specht

Mail Tribune

 

Local experts played a key role in rewriting a bill introduced by State Rep. Sal Esquivel, R-Medford, which originally was viewed with alarm by those who work to protect children.

The bill, recently signed into law and designed to discourage punitive or vindictive reporting of child abuse, underwent significant changes as it made its way to the governor's desk. The changes were necessary to protect children and to assure the public that reporting suspected abuse is not only the right thing to do, it is safe for them to do so, experts say.

"This bill started out as a major disaster and a blow to child victims. But it has been reduced and narrowed to a much less harmful form," said Ashland resident Randy Ellison, an adult survivor of child sexual abuse and board president of Oregon Advocates and Survivors in Service.

House Bill 2183, which was signed into law by Gov. John Kitzhaber in July, makes it a violation — punishable by a $720 maximum fine — to knowingly make false allegations of child abuse to police or the Department of Human Services. The state must prove that the intent of the false report is to influence child custody, visitation or child support, Ellison said.

One of the bill's main targets was adults who use malicious allegations of abuse in bitter divorce or child custody cases, said Esquivel.

"People getting divorced can make ugly accusations," Esquivel said. "It happens more often than you might think."

When Esquivel and House Judiciary Co-chairman Wayne Kreiger, R-Gold Beach, initially presented their bill before the House, the proposed fine was $6,250 and the violator faced a misdemeanor criminal charge which could have resulted in jail time.

The changes are a relief to child abuse experts who said Esquivel's bill, as written, would have had a chilling effect on a crime that is already under-reported.

Ellison testified in Salem against the proposed legislation, along with representatives from the Oregon District Attorneys Association, the Oregon Network of Child Abuse Intervention Centers, the Oregon School Employees Association, Children First and the Child Advocacy Section of the Oregon Department of Justice.

Ellison said he remains concerned the new law will be misinterpreted by the public, which could have a quelling effect on everyone from teachers to neighbors to relatives who might suspect child abuse, and be afraid to report due to misunderstandings.

The law does not punish those who might make a false reports based on honest mistakes. Only those that are due to malicious intent, Esquivel said. It was never his intent to limit reporting of actual child abuse, or cause consternation amongst child welfare experts. He also does not oppose the changes that were made to his bill, Esquivel said.

Ellison said holding people accountable for false reports is appropriate. But there was already a law on the books that made it a crime to knowingly make a false report of any crime to the police or other agency. ORS 162.375 states that initiating a false report is a Class C misdemeanor, punishable by a $1,250 fine and 30 days in jail. Ellison questions the need for a new law that "pulls out that one type of false reporting and makes it a violation," he said.

"They wanted to call attention to it," Ellison said, adding he remains concerned about the potential fallout for mothers trying to protect their children from an abusive father.

"Basically this is a bill designed to protect husbands in divorce cases," Ellison said. "This is a bill written by men for men."

There could be unintended consequence of keeping children trapped in abusive situations because adults are fearful of making a report that, while true, might not be able to be proven, he said.

"If a woman is out and away from an abuser, it may be the first time ever she feels safe to report (her partner committed child abuse)," Ellison said. Esquivel's bill had the support of at least one Oregon senator. According to news reports, Sen. Jeff Kruse, R-Roseburg, testified he was once the victim of a trumped-up claim of child abuse.

Ellison said he had sympathy and empathy for anyone victimized because of a false report of abuse. But statistics show child abuse is the most under-reported crime next to domestic abuse, he said.

People should not be worrying about being wrong when deciding to report or not, Ellison said. People need to report suspected abuse. If people are in doubt, they should err on the side of reporting, he said.

Esquivel said he encourages people to report child abuse.

"You won't get in trouble unless you have malicious intent," Esquivel said.

Reach reporter Sanne Specht at 541-776-4497 or email sspecht@mailtribune.com

Domestic violence is all about ownership

Redwood Times

Posted: 07/01/2011 12:50:29 AM PDT

MY WORD By Susan McGee 

The Times-Standard recently printed an AP article about a murder/suicide at San Jose State.
The story was confusing, called the murders “inexplicable,” and quoting one official saying “no one may ever know what happened.” Police said they had no idea of the motives for the killing. Other press articles labeled it “tragic,” “bizarre,” “random,” and “senseless,” and speculated about a motive for the killings. This type of typical media coverage is extremely frustrating for experts and those knowledgeable about domestic violence.
The story reported that a husband had shot his wife and a male friend of hers as they were getting into a car on the campus. Although the initial reports stated there was “no history of domestic violence,” subsequent coverage revealed that neighbors had called security the week before because of loud noises and sounds of destruction in the couple’s apartment. 

In fact, this murder/suicide, another that occurred in Dexter, Maine, and one that occurred in Essex, England, last week, all follow a very similar and common pattern. The motive is control. Batterers usually murder their partners, and sometimes their children, when they have lost access to them, oftentimes when their partner has left them or is about to leave them. Domestic violence is all about ownership -- the batterer believes he is entitled to the services and obedience of his victim -- and that she has no right to leave him. (Although the vast majority of batterers are men and victims are women, battering does occur in lesbian/gay/bisexual/trans relationships, and there are a few cases of men being battered by women.) 

There is ample and substantial research that clearly shows that domestic violence homicides can be substantially reduced in a community, which institutes a stringent criminal and civil justice response to battering -- automatic arrest, high levels of prosecutions, and a judicial response that jails the batterer when he violates a restraining order, or stops attending a court mandated batterers’ program. Usually press coverage quotes criminal justice personnel/university officials who are scrambling to conceal their own errors or lack of action, hence the “senseless,” and “inexplicable” labels. 

At Humboldt State University, the Sexual Assault Prevention Committee is seeking funds to expand its coordinated community response to include domestic and dating violence, seeking to implement an approach that promotes survivor safety and assailant accountability. 

Because of problematic reporting about domestic violence homicides and suicides, the public is robbed of the opportunity for learning, understanding and opportunities for action. Here in Humboldt County, the Prevention Committee of the Domestic Violence Coordinating Council has developed the “Silent Witness” Project, which features life-sized silhouettes of people killed in domestic violence related events, each with a name, age, and story. Twenty-five women (one was pregnant), two men, one child, one dog and one cat are remembered, and show in a highly visceral way that it can and does happen here in our own community. 

It is crucial for survivors (and their families, friends and allies) to understand that violence does not end when a woman leaves a battering relationship -- it often escalates. Leaving is the most dangerous time, and carefully crafted safety plans should be put into effect. 
 
Those who are experiencing domestic violence can get help by calling: Humboldt Domestic Violence Services, 443-6042, the North Coast Rape Crisis Team, 445-2881 or WISH in Southern Humboldt at 923-4100. Community members who would like to get involved in preventing domestic violence can call the Domestic Violence Coordinating Council at 601-6042. 


Susan McGee is the coordinator of the Humboldt County Domestic Violence Coordinating Council.

Opinions expressed in My Word pieces do not necessarily reflect the editorial viewpoint of the Times- Standard or the Redwood Times.
http://www.redwoodtimes.com/letters/ci_18385917