29 October 2009

Abuse network ringleaders jailed

This one guy, Strachan, has already served time in jail for abusing a boy AND he is HIV positive AND he attempted to rape an 18 month old AND he sexually assaulted a six year old.....he gets a minimum of 16 years in prison....WTF?!?!?  He should get life, ya know....just in case the HIV doesn’t kill him!

http://news.bbc.co.uk/2/hi/uk_news/scotland/edinburgh_and_east/8331388.stm

James Rennie and Neil Strachan

Rennie (left) and Strachan had denied being involved in the abuse network

The two men at the centre of Scotland's largest known child abuse network have been jailed for life.

Neil Strachan, 41, attempted to rape an 18-month-old boy while 38-year-old James Rennie sexually assaulted a three-month-old.

Strachan was sentenced to a minimum of 16 years in prison, while Rennie was ordered to serve at least 13 years.

Six other men had already been sentenced for their involvement in the network.

Strachan and Rennie, both from Edinburgh, were also found guilty after a 10-week trial of conspiring to get access to children in order to abuse them, while Strachan was convicted of a further charge of sexually assaulting a six-year-old boy.

Strachan, who is HIV positive, has already served a three-year prison sentence in 1997 for abusing a boy. Rennie was the chief executive of LGBT Youth Scotland, which offered advice to young gay and lesbian people.

Passing sentence on the pair, judge Lord Bannatyne referred to Strachan's abuse of the 18-month-old boy, which was captured in a photograph known as the "Hogmanay image".

The judge told Strachan: "By its very nature, what is shown in that photograph is utterly appalling and would shock to the core any right-minded person who has had to see it.

"Over and above that, this offence involves the most gross level of breach of trust. You were invited into a house, treated as a friend of the family, and then entrusted with their child.

"You then breached that trust in the way shown in the 'Hogmanay image' in order to satisfy your base sexual interests. This, in my judgment, can be properly described as a dreadful crime."

Lord Bannatyne said Rennie had also betrayed the trust of the parents of his victim to a "truly appalling" extent.

More suspects

The judge said Rennie was at the heart of the conspiracy to abuse youngsters and likened him to a spider weaving an electronic web to bring about his crime.

Co-accused Colin Slaven, 23, from Edinburgh; Neil Campbell, 46, John Milligan, 40, and John Murphy, 44, all from Glasgow; Ross Webber, 27, from North Berwick in East Lothian; and Craig Boath, 24, from Dundee, were also convicted of various offences.

They were given prison sentences of between two and 17 years.

The men had been arrested during the Operation Algebra police investigation, which uncovered nearly 125,000 indecent images of children.

Operation Algebra also uncovered dozens more suspects around the country and worldwide, many of whom have already been charged.

The investigation was sparked by a single indecent image of a naked 11-year-old which was found on paint company engineer Strachan's computer when it was sent for repair.

Detectives discovered that Strachan and Rennie had filmed themselves sexually abusing children before distributing the images over the internet.

The two paedophiles had been trusted by the children's parents to look after the children.

Lothian and Borders Police said their inquiry had led to more than 200 suspected paedophiles being identified internationally, and at least 70 in the UK.

Detectives have said there were further suspects in Scotland as well as Avon and Somerset; Devon and Cornwall; Merseyside; South Wales; West Midlands; Sussex; Essex; London; Thames Valley; and Hampshire.

Speaking after the sentencing, Morag McLaughlin, procurator fiscal for Lothian and Borders, said recent advances in technology were making it easier for the police to bring child abusers to justice.

She added: "It is clear from the evidence in this case that the accused saw no limits on how far they would share, exploit and abuse children in order to satisfy their own horrific sexual gratification.

"However, our specialist prosecutors will use the constantly improving technology available to the police to stop and bring to court those who think they are hidden by the anonymity of the internet.

"The conspiracy charge in this case showed the extent of the accused's common intent, and ensured that they could be punished not only for what they did, but what they planned to do."

BBC NEWS | UK | Scotland | Edinburgh, East and Fife | Abuse network ringleaders jailed




Poverty, domestic violence

Poverty, domestic violence: Women bearing brunt of economic crisis

Jess Moore

25 October 2009
A domestic violence shelter in Alice Springs told ABC radio’s AM on May 1 that between January 1 and mid-April this year, it provided accommodation for 157 children and 149 women. However, due to lack of funding, it turned away a further 158 women and 100 children seeking support.

In other words, for each woman it provided shelter to, one was turned away. Where did she go? In all likelihood, she ended up back with her abusive partner.
We live in a society that still, in many respects, treats women as second-class citizens. Women’s supposedly predominant role as bearers and carers of children, combined with inadequate childcare services and maternity leave provisions, mean women are discriminated against in employment. Women are highly concentrated in part-time and casual jobs.
This situation leaves women more vulnerable to economic hardship. When the chips are down, such as in the current global economic crisis, women are the first hit. Women are the first to lose their jobs. Financial independence, and the options that come with that — such as leaving an abusive partner — is still a dream for many women.
Women bear the brunt of trauma and hardship, such as war and economic recession. The global economic crisis has disproportionately affected women in terms of poverty and unemployment.
However, women are also experiencing an increase in violence within the home. A 2009 United Nations report also noted a rise in the number of women remaining in abusive relationships because of a lack of affordable alternative accommodation, an inability to sell property and decreased support services.
In Australia, ongoing funding cuts to women’s services mean national domestic violence statistics are sketchy. However, the available state and local figures are alarming.
In Queensland, in the first quarter of 2005, 6874 new cases of domestic violence were reported. In the first quarter of 2009, it rose to 9739 new cases — a 42% rise.
The January 29 Newcastle Herald said that between 2005 and 2008, the number of domestic Apprehended Violence Orders (AVOs) issued rose by more than 7%. However, in Queensland, the numbers did not peak until 2009, so the real rise in NSW could be significantly higher.
In poor and regional areas the situation is worse.
US figures tell a similar story. The National Domestic Violence Hotline had a spike of calls in September 2008, which were up 21% from September 2007. The organisation conducted a six-week study to determine the cause of the rise.
It found a strong link between financial stress and domestic violence: 54% of callers reported a change in their household's financial situation in the past year and 64% of callers answered “yes” to the question "do you believe the abusive behaviour has increased in the past year?"
A 2004 study by the National Institute of Justice found that women whose male partners experienced two or more periods of unemployment over five years were three times more likely to be abused.
Frighteningly, the violence is also becoming more deadly. The December 25 Boston Globe reported: “Economic stresses often lead to more frequent abuse, more violent abuse, and more dangerous abuse when domestic violence already exists.”
A series of reports in the Sydney Morning Herald in November 2008 revealed that, in NSW, the number of deaths of women and children as a result of domestic violence had risen to a 10-year high.
In Australia, domestic violence is now the most likely cause of preventable death for women under 45. It is also the leading cause of preventable disabilities and illnesses for women under 45.
Higher assault rates are made worse by inadequate support services. Government funding for women's services is considerably less than it was a decade ago, despite the marked rise in demand.
This situation is the result of neoliberal funding cuts and a conservative anti-feminist ideological campaign. Consecutive governments have blamed domestic violence on individual family breakdowns and unhealthy relationships, rather than recognising the social basis of violence against women.
The swell in the number of domestic violence cases is not a setback in an otherwise generally improving situation. Before the economic crisis, domestic violence in Australia was already a growing social problem.
Rates dramatically rose across NSW between 1997 and 2002. Figures released by the NSW Bureau of Crime Statistics and Research show that, for this period, the recorded instance of domestic assault rose by 40% in the Sydney area and 50% across the rest of NSW.
A huge injection of public funding is needed to support essential crisis services for victims of domestic violence to prevent the needless death of so many women and children.
Beyond that, the underlying causes of domestic violence — unemployment, insecurity, poverty, disadvantage and women’s financial dependence on male partners — have to be addressed.
Collective opposition to attacks on women’s rights is the only force powerful enough to empower women, to change sexist social attitudes and stop all forms of violence against women.

From: Comment & Analysis, Green Left Weekly issue #815 28 October 2009.

http://www.greenleft.org.au/2009/815/41932



28 October 2009

Most Cases Going To Court As High Conflict Contested Custody Cases Have History Of Domestic Violence

 

Note: Cross posted from [wp angelfury] Battered Mothers Rights - A Human Rights Issue.
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Most Cases Going To Court As High Conflict Contested Custody Cases Have History Of Domestic Violence  

By JOAN S. MEIER, George Washington University Law School

Janet Johnston’s publications

Janet Johnston is best known as a researcher of high conflict divorce and parental alienation. Not a particular friend of domestic violence advocates or perspectives, she has been one of the first to note that domestic violence issues should be seen as the norm, not the exception, in custody litigation.

Johnston has noted that approximately 80% of divorce cases are settled, either up front, or as the case moves through the process. Studies have found that only approximately 20% of divorcing or separating families take the case to court. Only approximately 4-5% ultimately go to trial, with most cases settling at some point earlier in the process.

- Janet R. Johnston et al, “Allegations and Substantiations of Abuse in Custody-Disputing Families,” Family Court Review, Vol. 43, No. 2, April 2005, 284-294, p. 284;
- Janet R. Johnston, “High-Conflict Divorce,” The Future of Children, Vol. 4, No. 1, Spring 1994, 165-182, p. 167
both citing large study by Maccoby and Mnookin, DIVIDING THE CHILD: SOCIAL AND LEGAL DILEMMAS OF CUSTODY. Cambridge, MA: Harvard U. Press (1992).

Johnston cites another study done in California by Depner and colleagues, which found that, among custody litigants referred to mediation, “[p]hysical aggression had occurred between 75% and 70% of the parents . . . even though the couples had been separated... [for an average of 30-42 months]”. Furthermore, [i]n 35% of the first sample and 48% of the second, [the violence] was denoted as severe and involved battering and threatening to use or using a weapon.”

Johnston (1994), supra, citing Depner et al., “Building a uniform statistical reporting system: A snapshot of California Family Court Services,“ Family and Conciliation Courts Review (1992) 30: 185-206

After surveying the research, Johnston concludes:

“Taken all together these studies suggest that, in divorces marked by ongoing disputes over the custody and care of children, both inside and outside the court, there is often a history of domestic violence in the family and a likelihood that the violence will continue after the separation.”
-Id. (1994) at p. 169.

It has previously been observed, based on research which predates the domestic violence/parental alienation battles that are now a feature of the field, that “multiple allegations of abuse are a feature of those higher conflict families” whose cases become contested custody litigation.

- Johnston (2005), supra (citing Maccoby and Mnookin (1992))

Peter Jaffe’s compilation of studies

Peter Jaffe is one of the world's leading experts on children, domestic violence, and custody. His latest publication on this subject states the following:

Myth: Domestic violence is rarely a problem for divorcing couples involved in a child custody dispute.”
Fact: The majority of parents in “high-conflict divorces” involving child custody disputes report a history of domestic violence.”
Peter Jaffe, Michelle Zerwer, and Samantha Poisson, "ACCESS DENIED: The Barriers of Violence and Poverty for Abused Women and their Children After Separation" (2004), p. 1

Jaffe et al also list the following studies (with the following descriptions) as supporting the position that most custody litigants have had a history of domestic violence:

· In a review of parents referred for child custody evaluations by the court, domestic violence was raised in 75% of the cases.

· Jaffe, P.G. & Austin, G. (1995). The Impact of Witnessing Violence on Children in Custody and Visitation Disputes. Paper presented at the Fourth International Family Violence Research Conference, Durham NH (Rep. No. July 1995)

· Of 2,500 families entering mediation in CA, approximately three quarters of parents indicated that domestic violence had occurred during the relationship.

· Hirst, 2002

· Between 70-75% of parents referred by the family court for counseling because of failed mediation or continuing disputes over the care of their children, physical aggression had taken place.
- Johnston & Campbell, (1988), Impasses of Divorce: The dynamics and resolution of family conflict. New York, NY, US: The Free Press.

· Attempts to leave a violent partner with children, is one of the most significant factors associated with severe domestic violence and death.
- Websdale, N. (1999). Understanding Domestic Homicide. Boston, MA: University Press.

· A majority of separating parents are able to develop a post-separation parenting plan for their children with minimal intervention of the family court system. However, in 20% of the cases greater intervention was required by lawyers, court-related personnel (such as mediators and evaluators) and judges. In the majority of these cases, which are commonly referred to as "high-conflict," domestic violence is a significant issue.
- Johnston, J.R. (1994). “High-conflict divorce.” Future of Children, 4, 165-182.
- all cited in Jaffe et al, ACCESS DENIED, supra, at p. 1.

National Center for State Courts

Finally, studies conducted by the National Center for State Courts (NCSC), looking solely at court records, have found documented evidence of domestic violence in 20-55% of contested custody cases.

· The NCSC’s study, looking only at documented domestic violence in custody court records, found that 24% of court records contained some evidence of domestic violence in Louisville; 27% in Baltimore; and 55% of Las Vegas cases indicated domestic violence.
- Susan Keilitz et al, Ðomestic Violence and Child Custody Disputes: A Resource Handbook for Judges and Court Managers, prepared for the National Center for State Courts; State Justice Institute,” NCSC Publication Number R-202, p. 5

· The same study found that a screening process (utilized by the mediation program) “revealed a much higher incidence of domestic violence than a review of court records alone would have indicated.”
- Id. at 7.

Custody Courts Regularly Fail to Note or Lack Information about history of Domestic Violence

Peter Jaffe and Robert Geffner have stated that “’nonidentification of domestic violence in divorce cases’ is a prevalent and problematic issue.”

- Kernic et al, “Children in the Crossfire: Child Custody Determinations Among Couples With a History of Intimate Partner Violence,” VIOLENCE AGAINST WOMEN, Vol. 11, No. 8, August 2005, 991-1021, 1013, citing Jaffe & Geffner, ”Child custody disputes and domestic violence: Critical issues for mental health, social service, and legal professionals,” in Holden et al (Eds.), CHILDREN EXPOSED TO MARITAL VIOLENCE: THEORY, RESEARCH, AND APPLIED ISSUES, pp. 371-396, Washington, DC: American Psychological Association

· Kernic et al, from the Harborview Injury Prevention & Research Center in Seattle, go on to state that “[o]ur study provides strong support for this assertion.” This study looked at divorce cases, including both those with a documented, substantiated, and/or alleged history of domestic violence, and those without. The study found that in 47.6% of cases with a documented, substantiated history, no mention of the abuse was found in the divorce case files.
- Id. at 1005.

· The same study found that “the court was made aware of less than one fourth of those cases with a substantiated history of intimate partner violence.”
- Id. at 1016.

· In the same study, fathers with a history of committing abuse were denied child visitation in only 17% of cases. Mothers in these cases were no more likely to obtain custody than mothers in non-abuse cases. This study found that mothers were “more likely” than fathers to be awarded sole custody, but does not identify what proportion of cases resulted in equal sharing of physical custody (which is available in Washington even when one parent is designated “primary”).
- Id. at 1014-1015.

· The Virginia Commission on Domestic Violence Prevention commissioned a study of these issues at University of Virginia in 1997-98. The study found that in custody cases where there was also a domestic abuse case in court, only 25% of the custody files referenced the existence of the domestic abuse case.
www.courts.state.va.us/fvp/history.html

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Note: Cross posted from [wp angelfury] Battered Mothers Rights - A Human Rights Issue.
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