Issue Position: Eliminating Domestic Violence and Sexual Assault in Maryland -- Our Path to Zero

Issue Position

There was a time in our not-too-distant past when, as a society, we operated under the belief that domestic violence and sexual assault -- as long as it wasn't happening in our homes and to our family members -- wasn't our problem to solve.

Today, we know that personal violence destroys not just individual homes and individual lives, but communities. It does lasting harm to our children, and forces too many Marylanders to live in fear. Changing our culture of violence starts in our homes and in our neighborhoods -- each of us, no matter where we live, needs to do more to stand up, speak out, and stop domestic violence and sexual assault.

But the commitment cannot -- and will not -- end there. Government's most important responsibility is to protect its citizens, and that includes working to end domestic violence and sexual assault in all of our communities.

Over the past seven years, we've made tremendous progress in this effort. We've removed guns from the hands of abusers, allowed victims to receive unemployment insurance, provided tenants who are victims with the ability to break their lease, given judges the ability to mark a case as "domestically related" in order to better track patterns of abuse, and worked with law enforcement officials and advocates to implement the life-saving Lethality Assessment Program in jurisdictions throughout Maryland.

The results are clear: we've seen a 20% decrease in domestic violence-related assaults, and a 32% decrease in the number of women and children who have lost their lives due to homicide.

But for all of our success, we still have work to do. We're going to end domestic violence in Maryland by passing laws that protect victims and survivors, deterring and holding abusers accountable and making resources available to anyone who needs help.

Too many families have been devastated by domestic violence, including mine. When my cousin Cathy was shot and killed by her estranged boyfriend five years ago, I knew that loss would stay with us forever.

We can't bring back victims like Cathy, but we honor their memories by working, each and every day, to end domestic violence throughout our state.

Sincerely,

Lt. Governor Anthony G. Brown

What We've Achieved

Progress: For the last seven years, Lt. Governor Brown has led a series of initiatives and passed legislation aimed at ending domestic violence in our State. From expanding services and protecting victims' rights, to giving law enforcement more and better resources and training, to requiring judges to take guns out of the hands of abusers.

In Maryland, there are thousands of hard working domestic violence and sexual assault service providers, advocates, judges, and law enforcement officials who are working together to end domestic violence and sexual assault. Together we have advocated for the re-authorization of the Violence Against Women Act, expanded proven programs such as the Lethality Assessment, and worked to keep our local shelters and victim service organizations funded so that every victim receives the care and protection they need to live healthy, productive lives.

As a result of Lt. Governor Brown's work, Maryland is making significant progress. Over the past seven years, Maryland has:

Reduced the number of domestic violence-related assaults by nearly 20 percent[1]

Decreased domestic violence-related homicides by 15.3 percent[1] and reduced juvenile and female homicides by 31.7 percent[2]

But we can do more.

Mission: Our families and our communities will be stronger when our wives, our mothers, and our daughters can live their lives free from the fear of domestic violence and sexual assault. Lt. Governor Brown is committed to reaching our goal of zero domestic violence-related deaths, zero domestic assaults, zero trips to the emergency room because of violence, and zero children left without families because of domestic abuse.

Our Path to Zero

The Brown-Ulman Administration will enact the following new initiatives to better serve and protect victims of domestic violence and sexual assault.

1) We will establish a hospital-based domestic violence screening, referral and assistance program in all forty-six of Maryland's community hospitals. Lt. Governor Brown recognizes the connection between public health and public safety. The National Center for Injury Prevention and Control reports that 44% of women murdered by their intimate partners visited an emergency department within two years prior to the homicide.[1]

Over the past three years, Lt. Governor Brown has led the effort to more than double (from three to eight) the number of hospital-based domestic violence screening, referral and assistance programs throughout Maryland.[2] These programs train hospital personnel to identify and assist victims of domestic violence who present at the emergency department. The staff then connects victims with local domestic violence services so that they can escape the cycle of violence. These interventions help prevent future violence and reduce emergency department visits and health care costs.

Currently, the State's eight hospital-based domestic violence programs are funded through a variety of partnerships utilizing both private and public funds and grants from the State and Federal government. The cost of these programs vary based on their design -- some are small and require a minimal level of funding to train existing staff, while others have hired staff, such as case workers to help victims. As we expand to all forty-six hospitals, we will continue this partnership model and provide up to $5 million in State matching funds as incentives for hospitals and other health care centers and clinics to establish new programs.

2.) We will require cell phone carriers to allow victims of domestic violence in possession of a final protective order to separate, without penalty, from their partner's cell phone contract. We need to support victims' efforts to regain control of their lives. One connection between victims and their abusers that can be difficult to break is a shared cell phone contract. If an abuser seeks to harass or cause additional harm to the victim, having access to call records and the GPS location of a phone presents a threat to that victim. Survivors of domestic violence should not have to pay a penalty to ensure their safety. Wireless cell phone carriers operating in Maryland should not charge a fee for early termination of a shared contract in cases of domestic violence. Some carriers, such as Verizon[3] and Sprint[4], have begun making such changes to their policies and they should be applauded for their efforts. In partnership, we will ensure that all carriers in Maryland allow victims to break their contract without a penalty so that they can remain safe and restart their lives.

3) We will establish a $5 million Domestic Violence-Sexual Assault Local Coordination Innovation Fund. The Innovation Fund will provide additional State resources to support existing and encourage new initiatives aimed at coordinating services for victims and their families. These funds will help local jurisdictions support existing and create additional Sexual Assault Response Teams (SARTs), Family Justice Centers, and other proven coordinating efforts aimed at connecting individuals or organizations who work with victims, their families and children.

4.) We will establish a Domestic Violence "DV" Stat process at the State level. Our path to zero will require persistence, coordination, leadership, oversight and monitoring. Accordingly, we will establish a cross-agency DV Stat devoted to the issue of reducing domestic violence and sexual assault throughout Maryland. By widening our lens, we can help ensure that all stakeholders working to end domestic violence and sexual assault are sharing information such as Lethality Assessments, Open Warrants, Vine Protective Orders, and requests for Sexual Assault Forensic Exams. We will support multi-disciplinary teams to find new ways to screen and assess victims such as conducting Lethality Assessments pre-trial and increasing training for health care professionals about domestic violence and sexual assault.

Building on our Successes

The Brown-Ulman Administration will also seek to expand programs that serve victims, pass legislation that protects children and increases penalties for abusers, and implement additional training so that individuals who interact with victims can connect them to the right services.

1) We will provide up to $5 million in additional State funds for critical, life-saving services provided by our existing domestic violence, sexual assault and rape crisis centers. As federal funds decrease and we increase awareness and our ability to identify victims of domestic violence and sexual assault, through programs such as the Lethality Assessment Program and hospital-based programs, the State must increase its support for our local centers to ensure that they have the resources necessary to serve victims and their families.

2) We will end Maryland's dubious distinction of being the only State in the nation whose standard of proof to obtain a final protective order is "clear and convincing evidence" to a "preponderance of evidence". Maryland is the only state in the nation to apply this higher standard of proof to victims seeking a final protective order.[1] While judges grant the majority of orders, victims seeking protection should only be required to meet the same standard of proof that exists for the majority of other civil actions and matters in Maryland, a preponderance of evidence.

3) We will work with the Maryland Police Training Commission to ensure that all officers receive the latest domestic violence training. The Maryland Police Training Commission plays an important role in educating our law enforcement professionals on key issues in the community. For example, they require that officers participate in refresher courses on sexual assault, child abuse, and mental illness every couple of years. Currently there is no such minimum standard for training on domestic violence. By working in partnership with the Training Commission, we will ensure that all officers have the latest data and skills needed to assist victims of violence.

4) We will work with our hospitals and urgent care centers to require that intimate partner violence screening questions are required fields in their electronic health records. By training staff to "ask and indicate" whether a patient has been a victim of violence, we can better assist victims as they move between hospitals, health providers, community clinics and urgent care centers. This information, which can be accessed through Maryland's health information exchange (CRISP) will help health providers address victims' needs no matter where they seek treatment.

5) We will enact legislation that increases the penalties for those who commit domestic violence, sexual assault and/or rape in the presence of a minor. Too often children are either witnesses to crimes of domestic violence, sexual assault and/or rape or hear the incident through a bedroom door, closet or siblings room. The impact of this violence is significant. Research has shown it can significantly impact a child's development, behavior, temperament and in the long-term leave adolescent boys more aggressive and violent in their interpersonal relations and adolescent girls more likely to tolerate violence in their relationships. In order to both discourage this behavior and hold abusers accountable who commit these atrocious acts, we will pass legislation that gives courts the ability to impose an enhanced penalty of up to 10 years in addition to any other sentence imposed for the crime of domestic violence, sexual assault and/or rape if that act is committed in the presence of a minor.

6) We will enact legislation that allows individuals in a dating or sexual relationship who are the victim of domestic violence or sexual assault the ability to obtain a protective order. Domestic violence and sexual assaults are not confined to married couples or people who are cohabitating or have children together; however, under Maryland law, a domestic violence or sexual assault victim in a dating or sexual relationship that is not married or formerly married, a family member, cohabitating or has a child in common with the abuser can only obtain a peace order. Forty-one other States allow persons in a dating or sexual relationship to obtain a protective order. Changing the law in Maryland will provide these individuals with the ability to obtain a protective order, which provides greater protection, more kinds of relief, a longer order and more notification for law enforcement.

Citations
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[1] "2012 Uniform Crime Report." Maryland Central Records Division, 8/9/13
[2] "2012 Uniform Crime Report." Maryland Central Records Division, 8/9/13
[3] "Domestic Violence Goals." StateState, Office of the Maryland Governor
[4] http://www.goccp.maryland.gov/victim/FVC/documents/DVHospitalEO.pdf
[5] 10/29 Press Release
[6] "Verizon steps up for victims." Jessica Van Sack, Boston Herald, 9/18/12
[7] "Sprint offers support, raises awareness for domestic violence." Ralph Reid, Sprint Newsroom, 12/4/12
[8] "Md. General Assembly owes victims of domestic violence better protection." Editorial, Washington Post, 3/4/10

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