Cross Cultural Issues: Race, Ethnicity, and Class

2.6.7.Immigrant Victims and/or Abusers and U Visas for Victims

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  Undocumented victims of rape or abuse face greater obstacles to escaping the violence.
  

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  In addition to overcoming language and cultural barriers and distrust of government, (see supra section 2.6.3, Cross Cultural Issues), immigrant victims must overcome fears of deportation before seeking help. Batterers often use the threat of deportation as a tool to hold an undocumented victim in a violent relationship, and prevent her from reporting the abuse to the authorities.
  

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  Perpetrators of sexual assaults may target immigrant victims specifically because “they think they can get away with it.” They threaten victims that they will inform the U.S. Citizenship and Immigration Services (USCIS) (formerly I.N.S) of their whereabouts if authorities are informed about the assault. Immigration status is also a factor that exacerbates the level of violence in abusive relationships.
  

• 
  Victim’s may fear a court case will cause the abuser’s deportation.
  

• 
  Immigrant victims may be more isolated from support.
  

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  Immigrant victims may fear rejection from their community if they participate in a prosecution.
  

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  Prior to 1995, an immigrant victim married to a U.S. Citizen or Lawful Permanent Resident was dependent on her husband to file for her permanent residency status.
  

In a typical spousal/family based immigration process, a U.S. Citizen or Lawful Permanent Resident spouse would file a petition, or sponsor, their immigrant spouse for permanent residency. After the couple establishes their intent to establish a life together to immigration authorities, (i.e. that they have a valid relationship not solely for immigration purposes), and the immigrant spouse’s eligibility for immigration status, she may be granted permanent resident status.

Additionally, in 1986, Congress implemented additional provisions to discourage marriage fraud by developing “conditional residence” status. This two-year temporary form of permanent residence is granted to immigrant spouses of U.S. Citizens whose marriages are less than two years old even after an initial approval of their application for permanent residence.

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  The Violence Against Women Act of 1994, 1996, and 2000 (VAWA) establish three new protections for immigrant victim spouses and their children.
  

Spouses of Lawful Permanent Residents (LPRs) or U.S. citizens can apply for a “green card” on their own, without the sponsorship of the. U.S. spouse, if they

1. 
   Establish that they entered into the marriage with the U.S. Citizen/LPR in “good faith” (That is, with an intent to establish a life together and not solely for immigration purposes);
   
2. 
   Were battered or subjected to extreme mental cruelty while living with their spouse in the U.S.;
   

d) Are applying prior to divorce or within two years of divorcing

the abusive spouse.

Note: Battered children of abusive U.S. Citizens or LPRs may also self-petition until age 25. Parents of abusive U.S. Citizens or LPR adults may also self-petition. Self-petitioners may add their own children to their applications.

Spouses of permanent resident aliens or U.S. citizens who are facing deportation by the INS can apply for a waiver of deportation, which results in a green card, if

1. 
   they have lived in the U.S. for 3 years;
   
2. 
   they were subjected to battering or extreme cruelty by their U.S. spouse;
   
3. 
   they are determined to have “good moral character”; and
   
4. 
   leaving the U.S. would cause them extreme hardship.
   

Battered children can also have their deportation cancelled in this way. The alien parent of a battered child can apply for herself as well as her child.

To accommodate the realities that many battered immigrants either did not document their abuse through medical records or police reports or do not have access to such information given their flight from abuse, VAWA’s evidentiary standard established battering or extreme cruelty as “any credible evidence.”

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  Police Officers
  
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  District Attorneys
  
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  Department of Social Services Investigators (in Massachusetts)
  
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  Judges
  
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  USCIS/INS Agents
  

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  There is no requirement that a crime be currently under investigation.
  

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  The U Visa was designed to encourage immigrant victims to report crimes and/or participate in criminal prosecutions of such crimes.
  
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  A successful conviction is not a requirement for a U Visa Certification.
  

If the U.S. Citizenship and Immigration Services (USCIS) approves the U Visa application, the individual will be deemed a “lawful temporary resident” of the United States for a period of up to three years. This means that s/he will be permitted to live and work legally in the United States for the duration of the U Visa. At the end of three years, an immigrant in U visa status is eligible to apply to become a lawful permanent resident (Green card Holder).

Greater Boston Legal Services

Immigration Unit

197 Friend Street

Boston, MA 02114

617-603-1808

MataHari Eye of the Day

Trafficking Victims Outreach and Services

(NAME)

1. 
   I am a: (check one)
   

____ Federal official ____ State official ____ Local official

(municipal, district, county)
_____ DHS officer* (see 2B below)

Specifically, I am a: (check one)

____ Judge ____ Other Investigating Authority.

(JOB TITLE)

(NAME OF EMPLOYER)

(STREET ADDRESS/LOCATION)

(CITY, STATE & ZIP CODE)

(TELEPHONE)

(PROVIDE STATUTE OR CODE CITATION(S) AND OFFENSE NAME(S))

and based on my expertise and understanding of these laws, I have determined that these laws fall within the list of offenses set forth in Question #2 or is similar activity violating Federal, State or local criminal law.

4. 
   It is suspected that this criminal activity occurred on or about:
   

5. I affirm that ____________________________________: (CHECK ALL THAT APPLY)

(NAME OF U VISA APPLICANT)**
____ has provided;

____ is providing;

____ is likely to be provide
information in an/the investigation and/or prosecution of this criminal activity.
6. I affirm that __________________________________ possesses relevant information

(NAME OF U VISA APPLICANT)**

relating to this criminal activity. This information includes (but is not limited to) the following: (PROVIDE BRIEF DESCRIPTION OF INFORMATION)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
** If the U visa applicant is under the age of 16, she or he may meet this requirement if a parent, guardian or "next friend" meets the requirement. Please note here if one of these individuals met this requirement for a child under 16.
7. I affirm that this criminal activity occurred: (CHECK ALL THAT APPLY)
____ in the United States (including Indian country and military installations);

____ in territories and possessions of the United States; OR

____ outside the United States, but violated United States’ laws.

______________________________ ________________________

SIGNATURE DATE

2.6.8.Incest

Although the scope of this manual does not include child sexual assaults, the topic of incest is included because your cases may include adult survivors of childhood incest: victims dealing with childhood sexual assaults as adults. You may also be assigned a sexual assault case with an incest victim who is not a minor.

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  Address the incest victim’s needs for professional assistance.
  

Incest survivors face recovery issues of enormous depth and complexity, and these issues may be further compounded by participation in the criminal process. For example, as part of the healing process, therapists encourage incest victims to empower themselves by taking control over events in their lives because as victims they were helpless in the hands of abusive authority figures. Yet although they are participating in the prosecution, they have little or no control over the nature and progress of “their” case.

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  Incest, like other forms of sexual violence, is about the abuse of power and control.
  

“Incest is a tragedy of enormous proportions, with repercussions that are often far reaching. ... Incest, like other forms of sexual violence, is about control and occurs within a cultural context. Perpetrators use their power as adults (or older children) to control children who are dependent on them.” Supporting Sexual Assault Survivors: A Journey to Justice, Health and Healing, Massachusetts Dept. of Public Health, Bureau of Family and Community Health, 10-1 (1997).

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  Incest survivors often develop coping patterns, which may complicate your communications and your relationship with the victim.
  

The chief coping patterns and healing issues associated with incest are: difficulty with trust, isolation, playing a protector role (keeping it secret so as to not disrupt or destroy the family), perfectionism, over-achievement, compulsiveness, inability to rest, difficulty accepting pleasure in life, power issues (i.e. fear of others who have power), shame, depression, suicidal inclinations, family conflicts, and dissociation (separating awareness from an experience). Id.

2.6.9.Marital Rape/ Partner Rape

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  Many wives are unaware that sexual activity forced by their husbands constitutes rape.
  

Due to the cultural and legal history of rape (see supra section 1.1.1, History of Rape Law), rape within marriage is underreported. “Women who are raped by their husbands are more likely to blame themselves and remain silent about the rape than women who are raped by strangers.”

Richard Belles and Murray A. Strauss, Intimate Violence (New York, 1988).

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  Rape by a partner or spouse is often an attempt to dominate or control the victim, similar to -- or an extension of -- the dynamics of battering.
  

Marital rapists commonly hold that a “man’s home is his castle”:

The typical marital rapist is a man who still believes that husbands are supposed to ‘rule’ their wives. This extends, he feels, to sexual matters: when he wants her, she should be glad, or at least willing; if she isn’t, he has the right to force her. But in forcing her he gains far more than a few minutes of sexual pleasure. He humbles her and reasserts, in the most emotionally powerful way possible, that he is the ruler and she is the subject.
Morton Hunt, Legal Rape, Family Circle, January 8, 1979, at. 38.

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  The victim of partner rape requires heightened sensitivity on your part. Understand the dilemma for the victim in deciding whether or not to stay in the relationship. Thoroughly discuss safety concerns and safety planning.
  

As with victims of battering, victims of sexual assault within a relationship often have conflicting feelings. The victim may hate the violence, but still love or care for the perpetrator. The victim may fear leaving more than she fears the level of violence involved in staying. The victim may be dissuaded from reporting or cooperating because she is economically dependent upon the rapist. The victim may not want to do anything to threaten the marriage or relationship because she wants her children to have a father. The victim may not want to discuss “private” sexual matters in the public context of an investigation or prosecution.

Acknowledge her feelings and concerns, provide the best possible support services and referrals, and discuss the benefits of intervention and accountability. Create a specific safety plan tailored to the victim’s situation. (See infra section 2.7: Safety Planning).

2.6.10.Religion and Faith Issues for Victims

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  Religion and faith can be both a resource and a barrier for domestic violence victims. For example, although the victim’s faith may impose traditional gender roles, it may also tell the victim that no one deserves abuse. If you feel that faith is an issue, ask about it. Victims may have several ways of understanding the abuse based on their faith. Expect victims to feel confused and perhaps conflicted about their faith. Encourage the ways in which faith is acting as a resource.
  

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  Religious beliefs and foundational values may influence understandings of gender roles within a marriage or relationship, who “governs” the household and by what means, and many other things that determine a victim’s understanding of the situation.
  

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  In turn, these underlying beliefs and values will determine a victim’s ability and willingness to understand domestic violence as a crime, to prosecute the crime, and to interact with the criminal justice system.
  

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  Respect for a victim’s religious beliefs is fundamental to any interaction. Do not confront, demean, minimize, or dismiss anyone’s religious beliefs.
  

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  Many victims lose many things as they try to attain safety. In addition to the loss of a primary relationship, they may have to give up their housing, their job, their children’s schools, and/or contact with friends and family. Recognize that faith can be a tremendous source of comfort, courage, and strength as victims seek safety and go through the prosecutorial process.
  

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  Faith-based or religious concerns are different for various faiths, and may differ from victim to victim even within a particular faith or denomination. Do not make assumptions. Christian women may struggle with divorce, male headship, forgiveness, or suffering. Jewish victims may feel that the Jewish edict to establish “peace in the home,” is their sole responsibility. Muslim victims may feel that leaving home will bring shame and dishonor on the family. If you feel that it is an issue, ask about the victim’s faith and his or her understandings of the abuse.
  

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  If you know of a clergy or lay leader in the community who shares the victim’s faith and who has received domestic violence training, offer to refer the victim (with the clergy or lay leader’s permission).
  

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  Victims from minority religious communities may feel that their cultural or religious community is persecuted within the wider social structure, and that admitting to domestic violence will heap more abuse on their community. A reminder that all communities experience domestic violence may allay their fears that their community will be stigmatized if they disclose or prosecute the crime. Ongoing work to build relationships within the community will also improve access to the criminal justice system.
  

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  Victims from minority religious communities may also feel that the abuser will be treated harshly by the criminal justice system because of his or her faith, race, or immigration status. Clear information about what may or may not happen at every step of the way will help the victim to make choices and understand the process.
  

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  For those victims who believe, as a tenet of their faith, that marriage vows are sacred and divorce is unacceptable, emphasize that your most important priority is to help keep victims and their children safe, not to break up marriages. Also, note that it is the abuser’s violence, not the victim’s need for safety, that breaks the relationship or marital covenant.
  
  
  
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  Religious leaders often minimize domestic abuse. Let leaders and victims know that domestic violence must be taken seriously because it can be fatal, and without professional domestic violence intervention it will become more frequent and more severe over time.
  

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  Religious communities do not often talk about domestic violence. Let the victim know that she is not alone, and that abuse happens in all faith communities.
  

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  Become familiar with the most commonly cited scripture and concepts behind the use of religious tenets to justify domestic violence and sexual assault. If you can offer respectful interpretations, you may be able to keep a dialogue going and help a victim understand that her fundamental right and need for physical safety may not be incompatible with her faith. Marie Fortune suggests ways to discuss religious issues with victims in her article “A Commentary on Religious Issues in Family Violence,” excerpted here:
  

Religious concerns can become roadblocks or resources for those dealing with experiences of family violence because these concerns are central to many people’s lives. The outcome depends on how they are handled. …

The misinterpretation and misuse of the Jewish and Christian traditions have often had a detrimental effect ... [m]isinterpretation of the traditions can contribute substantially to the guilt, self-blame, and suffering that victims experience and to the rationalizations often used by those who abuse. “But the bible says ...” is frequently used to explain, excuse, or justify abuse ... A careful study of both Jewish and Christian scriptures makes it very clear that it is not possible to use scripture to justify abuse of persons in the family. ...
Sometimes people try to explain suffering by saying that it is “God’s will” or “part of God’s plan for my life” or “God’s way of teaching me a lesson.” These explanations assume God to be stern, harsh, and even cruel and arbitrary. This image of God runs counter to a biblical image of a kind, merciful, and loving God. The God of this biblical teaching does not single out anyone to suffer for the sake of suffering, because suffering is not pleasing to God. ...
Maimonides teaches us .. that no wife is expected to submit to sexual activity with a husband she fears or hates. The arena of sexual sharing for Jewish couples is one of mutual responsibility and choice. ...
Christian teaching about the model of the marriage relationship has traditionally focused heavily on Paul’s letters to the Ephesians, Corinthians, and Colossians ... interpreted to mean the wife and children must obey (the husband) without question. ... A closer look at the actual scriptural references reveals a different picture. For example: “Be subject to one another out of reverence for Christ.” (Ephesians 5:21, emphasis added) ...clearly indicates that all Christians– -- husbands and wives– -- are to be mutually subject to one another. ...
The model suggested here (“Just as the church is subject to Christ, so also wives ought to be, in everything, to their husbands.” Ephesians 5:23-24) of husband-wife relationship is based on the Christ-church relationship ... Jesus’ relationship to his followers was not one of dominance or authoritarianism, but rather one of servanthood ... Therefore, a good husband will not dominate or control his wife but will serve and care for her, according to Ephesians. ...
In the same way husbands should love their wives as they do their own bodies. He who loves his wife loves himself. For no one ever hates his own body, but he nourishes and tenderly cares for it, just as Christ does for the church. Ephesians 5:28-29. This instruction to husbands is very clear and concrete. A husband is to nourish and cherish his own body and that of his wife. Physical battering that occurs between spouses is probably the most blatant violation of this teaching and a clear reflection of the self-hatred in the one who is abusive.
Marie Fortune, A Commentary on Religious Issues in Family Violence, reprinted from Violence in the Family: A Workshop Curriculum for Clergy and Other Helpers, Cleveland: Pilgrim Press (1991) (emphasis added).

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  Offer to provide training or resource materials. Find out now who the clergy and lay leaders are in your community who support victims and their families. Work with Safe Havens (see below) and with supportive clergy and lay leaders to build networks among their peers.
  

Here are some helpful resources:

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  Safe Havens Interfaith Partnership Against Domestic Violence, 101 Arch Street, 11^th Floor, Boston, MA 02110, 617-654-1820, info@interfaithpartners.org.
  

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  FaithTrust Institute, 2400 N. 45^th Street, Suite 10, Seattle, WA 98103, 206-634-1903, www.faithtrustinstitute.org.
  

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  Jewish Women International, 2000 M Street, NW, Suite 720, Washington, DC 20036, 202-857-1300, www.jewish women.org.
  

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  FAITH, Foundation for Appropriate and Immediate Temporary Help, 500 Grove Street, Suite 210, Herndon, VA 20172, 571-323-2198, www.faithus.org.
  

Here are some faith and domestic violence literary resources:

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  What Islam Says about Domestic Violence: A Guide for Helping Muslim Families, available from FAITH (see above), 571-323-2198.
  

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  Keeping the Faith: Guidance for Christian Women Facing Abuse, Marie Fortune, available from FaithTrust Institute (see above), 206-634-1903.
  

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  JWI’s Needs Assessment: A Portrait of Domestic Abuse in the Jewish Community, available from Jewish Women International (see above), 202-857-1300.
  

2.6.11. Teenage/Youth Victims

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  Violence is widespread in juvenile dating relationships.
  

A study of ten months of restraining order records in Massachusetts’ Registry of Civil Restraining Orders revealed a “disconcerting” and “considerable number of young teen dating violence cases” which “likely represent the tip of the iceberg”. S.L.Adams, N.E. Isaac, D. Cochran & M. E. Brown, Dating Violence Among Adolescent Batterers: A Profile of Restraining Order Defendants in Massachusetts, Forum, Vol. 3, No. 2, June 1996, at 1, excerpted from Domestic Violence Report, Civic Research Institute Inc., Kingston N.J. Vol. 2 Dec/Jan 1996. A high proportion of the young teen defendants already had prior delinquent and criminal records. Id. The high recidivism rates and the substantial number of teen dating cases where the defendant and plaintiff already had children together also alarmed the authors. Id.

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  Violence in teen dating relationships has unique aspects.
  

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  Due to a lack of experience, as well as conflicting messages from our culture regarding sex-roles and sexual mores, teenagers and adolescents may feel even more confused than adults in trying to distinguish appropriate and inappropriate behavior within intimate relationships.
  
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  While teens often learn by “comparing notes” with friends, a victim who is being abused is less likely to discuss and compare her experiences with others, furthering her isolation.
  
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  The victim is often unable to avoid the abuser because both attend the same school, increasing her fear and her sense of entrapment.
  
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  Many teenagers, who, by developmental definition, are struggling for independence, resist seeking help from parents and authority figures.
  
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  Teens may be modeling behavior they see in adult relationships at home and not recognize that this behavior is wrong.
  
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  Teens often rely on their peers to police their abusers, instead of appealing to adult authority. Friends or siblings of a victim may beat up the abuser in retaliation. The dynamic of teens policing themselves does little to change the abuser’s behavior, and reinforces for all parties involved the concept of violence as acceptable social behavior.
  
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  Given the dynamic of teens policing themselves, you may see teen domestic violence cases coming into the office as juvenile assaults, absent any focus on the underlying domestic violence -- such as when the new boyfriend beats up the old boyfriend, who was abusive to the girlfriend. Thus, often you must assess, explore and address background issues to unearth teen domestic violence.
  
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  In early adolescence, the power differential between boys and girls may not be as strong as when they are older (14+), when physical and social power imbalances become more pronounced. Therefore, as in same sex cases, you need to be particularly astute in assessing not just who hit whom, but who is in control.
  

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  You can help the teen victim learn to distinguish inappropriate behavior, and help him or her to acknowledge her self-worth. (But be careful not to act too authoritarian or he/she may shut you out.)
  

Talk about jealousy and possessiveness, as distinguished from love. Point out the differences between possessive control and love. Help the victim recognize and discard excuses for abuse:

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  abuse is not being ‘out of control’, it is purposeful behavior used to exert control
  
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  alcohol doesn’t cause violence
  
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  the victim’s words and actions do not justify violence.
  

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  You can provide valuable assistance to prevention efforts. (In all your spare time.)
  

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  Curricula for teaching teenagers that violence is unacceptable in relationships, such as the “Dating Violence Intervention Project” (Through “Emerge,” in Cambridge, 617- 547-9879), list early warning signs for victims and perpetrators. Help schools in the community you serve look into acquiring this or other similar curricula.
  
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  “Impact Model Mugging of Boston” is a violence prevention program which teaches both skills for living safely and skills for avoiding becoming a violent offender. Participants attend classes, seminars, or retreats -- usually through a school system which has hired the program. (Lynn Auerbach, Director; 617- 232-7900.)
  
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  Help teens learn about the dynamics of abusive relationships by speaking at assemblies or group meetings at schools, churches, or community associations.
  
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  Help teens learn about the dynamics of abusive relationships by referring families and/or teens to performances of the Yellow Dress or Remote Control by Deana’s Fund, a teen dating violence prevention organization. These plays can be powerful and provoke excellent discussion about this topic. Visit www.deanasfund.org for more information.
  
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  The AG’s office also has a pamphlet on Teen Dating Violence that you may request.
  

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  You can provide valuable assistance to the teen victim’s parents.
  

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  You can help educate a teen victim’s parents about domestic violence. For example, you may have a case in which the parents are anxious to immediately file charges against their child’s abuser or assailant, but the child is not ready to take action. You may choose to discuss with the parents the fact that it can be unsafe for a victim to be forced to take actions she is not ready to take.
  
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  You may be able to break an impasse. Where parents have been informed by a source other than their own child that the child is being abused, and the teen has not disclosed the violence to the parents, discuss with the parents the possibility of speaking alone with the teen.
  

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  You can help schools and parents develop school safety plans and restraining orders.
  

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  Special rules and procedures help protect student victims in school, including individualized safety plans to change student schedules and minimize contact between a victim and his/her abuser, and “school restraining orders” to put an abuser on notice of limits being imposed on his schedule and behavior. Help develop these rules and procedures by meeting with school officials in the community you serve. Suggest the staff participate in a training session on teen domestic violence. Suggest an agenda for the school to follow in cases involving teen abuse, e.g.:
  

(1) Meet separately with the victim, the victim’s parents, the abuser, the abuser’s parents.

(2) Review the students’ schedules (school arrival times, times at lockers, times in the hall, joint classes, lunch time, departure time); make changes to minimize contact; provide both students with copies of the updated schedules.
(3) Draw up a safety plan for the victim, including the new schedule, a list of staff who are aware of the problem and to whom the victim may turn, and strategies discussed with the victim to solve particular issues or problems.
(4) Let the victim know his/her rights as a victim of a crime and explain how the DA’s Office and Victim-Witness Advocates can help him/her if they become involved in a criminal case. Brochures and trainings about the Victim Bill of Rights are available by contacting MOVA.

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