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"Massive Influx of Cases": Health Worker Perspectives on Conflict-Related Sexual Violence in Eastern Democratic Republic of the Congo

By Payal Shah , Physicians for Human Rights

The escalating conflict in the eastern Democratic Republic of the Congo (DRC) has caused a “massive influx” of widespread sexual violence perpetrated by the DRC military, armed groups associated with neighboring countries, United Nations (UN) peacekeepers, and community members, according to a new report published today by Physicians for Human Rights (PHR). This widespread and severe sexual violence – at least 113,000 cases reported by the UN in 2023 alone – demands immediate action by the DRC government, neighboring countries, and the global community to support survivors and end the violence, PHR said. “Our report establishes a staggering influx of people who have suffered conflict-related sexual violence – including rape and sexual slavery – being treated in health facilities across eastern DRC, said Payal Shah, JD, report co-author and director of research, legal, and advocacy at PHR. “Survivors are facing sexual violence due to increasing insecurity and insufficient food and cooking wood in Internally Displacement Persons (IDP) camps. Yet clinicians lack the resources to treat this growing number of survivors and ensure forensic documentation for accountability.” “Massive Influx of Cases”: Health Worker Perspectives on Conflict-Related Sexual Violence in Eastern Democratic Republic of the Congo documents clinicians’ testimonies about patients who faced violent encounters with armed forces, which included armed sexual assault by multiple perpetrators, penetration with foreign objects, and forced captivity. The health workers reported that the sexual violence resulted in a wide range of medical and psychological harms, including lacerations, paralysis, sexually transmitted infections, unwanted pregnancies, and post-traumatic stress disorder (PTSD). The resurgence of violence and related displacement has led to staggering levels of sexual violence, with the UN reporting more than 113,000 cases registered in 2023. Documented cases of conflict-related sexual violence more than doubled in the first half of 2024, compared to the same period in 2023. These figures are likely underestimates due to the challenges of reporting. Medicines San Frontiers (MSF) reports that the organization treated more than 17,000 cases of sexual violence in only five provinces of DRC in the first five months of 2024. The United Nations High Commissioner on Human Rights (OHCHR) also reports 940,000 people displaced in 2024 alone, bringing the total to 6.4 million people displaced in DRC. PHR’s new report is among the first studies to date to document the perspectives and accounts of health workers who have cared for child and adult survivors of conflict-related sexual violence in eastern DRC. “The world must not look away from these violations of international law,” said Shah. “The DRC government, other parties to the conflict, and regional and international actors must act now to prevent conflict-related sexual violence by improving security in eastern DRC, including around IDP camps, and addressing food and fuel shortages. Clinicians tell us they urgently need resources for better medical care, psychosocial support, and forensic documentation to prevent long-term suffering by survivors of sexual violence and to ensure survivors can pursue justice.”PHR’s findings are based on semi-structured interviews with 16 health care professionals and humanitarian workers in conflict-affected areas of North and South Kivu, DRC. PHR’s survivor-centered research methodology mitigates the risk of retraumatizing survivors and captures the perspectives of clinicians, who are witnesses to the physical and psychological trauma endured by survivors. The clinicians interviewed by PHR report: Survivors of conflict-related sexual violence are as young as three years old.A stark increase in sexual violence cases in Minova, Kirotche, and Goma health zones as violence has “increased dramatically” in North Kivu and South Kivu since 2022.Survivors experienced violence at the hands of multiple perpetrator groups, including various governmental military forces, rebel, and militia groups active in the conflict:Members of multiple armed groups, including those supported by the DRC’s neighbors(such as March 23 Movement or M23) and the DRC military itself, were identified by survivors as perpetrators who used sexual violence to instill fear, intimidate, and displace affected communities.Community members, family members, peers, and employers were also identified as perpetrators of sexual violence, as well as staff affiliated with the United Nations.One health care worker below described the United Nations Organization Stabilization Mission in the DRC (UN MONUSCO) forces giving “favors” to families in exchange for sexual relations with their children.Sexual violence was perpetrated by Swahili, Lingala, and Kinyarwanda speaking perpetrators.Survivors also report multiple forms of sexual violence, including rape in captivity as well as penetration with foreign objects.In one case, a survivor reported to a health worker being held for five days and in another case a survivor reported being held in captivity for one month before escaping.Survivors reported rapes after leaving IDP camps or their communities to look for food or firewood for cooking in insecure areas nearby the displacement camps.Survivors presented at health facilities with a range of medical and psychological needs, including lacerations, sexually transmitted infections, unwanted pregnancies, incontinence, paralysis, post-traumatic stress disorder, depression, and developmental delays.Survivors reported multiple drivers of sexual violence, including being forced from their homes by armed actors, experiencing sexual violence while fleeing along dangerous routes, and being attacked while searching for food or firewood, as resource shortages forced them into unsafe areas.Health care providers struggle to cope with the crisis as they lack adequate supplies, staffing, training, or compensation to manage the acute influx of survivors.Significant barriers for survivors to access care include limited forensic documentation capacity in the health sector, a lack of resources, fear and stigma, and inadequate access to health services, including contraception and abortion care. Eastern DRC’s decades-long conflict escalated in North and South Kivu in 2021 with the reemergence of the M23 rebel group, which UN experts have identified as being controlled by Rwanda. The conflict’s escalation has led to widespread attacks against civilians, mass displacement, a weakened health system, and food insecurity. The ongoing conflict has also increased the incidence of communicable diseases, including mpox. The capacity of the DRC health system to respond to sexual and gender-based violence, already weak, has been further weakened, with many survivors unable or unwilling to seek care due to stigma, facility closures, and fear of further violence. The planned withdrawal of international peacekeeping forces by the end of 2024, including the MONUSCO and the East African Community Regional Force (EAC-RF), has raised concerns about the potential for further escalation. PHR’s report calls on all parties to the conflict to abide by international human rights law and to take immediate steps to end conflict-related sexual violence. It urges the international community to strengthen monitoring, investigation, and documentation of conflict-related sexual violence, and to promote accountability and justice for violations by all parties. PHR also calls on the international community to ensure the withdrawal of MONUSCO is managed and monitored to ensure that prevention and accountability for sexual violence is not hindered and that knowledge and capacity is transferred to local actors. The DRC health workers interviewed by PHR identify a range of practical recommendations to policymakers and donors to improve the response to the crisis, as well as emerging good practices to support child survivors of sexual violence in DRC, notably child-friendly spaces and child-focused programming.

 New York: Physicians for Human Rights, 2024. 46p.  

Social Isolation, Time Spent at Home, Financial Stress and Domestic Violence During The COVID-19 Pandemic

By Anthony Morgan and Hayley Boxall

In this study we use data from a large online survey of Australian women to examine whether the increased time spent at home, social isolation and financial stress resulting from COVID-19 containment measures were associated with a higher likelihood of physical and sexual violence among women in current cohabiting relationships with and without a history of violence. An increase in the amount of time spent at home with a partner did not in itself increase the likelihood of violence among either group. However, the probability of repeat or first-time violence was between 1.3 and 1.4 times higher for women who had less frequent contact with family and friends outside of the household during the pandemic. While financial stress prior to the pandemic was a strong predictor of violence for both groups, the probability of first-time violence was 1.8 times higher among women who experienced an increase in financial stress. We conclude that the pandemic was associated with an increased risk of violence against women in current cohabiting relationships, most likely from a combination of economic stress and social isolation.

Trends & issues in crime and criminal justice no. 609. Canberra: Australian Institute of Criminology. 2020. 18p.

Australians Who View Live Streaming of Child Sexual Abuse: An Analysis of Financial Transactions

By Rick Brown, Sarah Napier and Russell G Smith  

In recent years, there has been growing evidence of live streaming technologies being used to facilitate child sexual abuse (CSA). This study examined a sample of financial transactions made by a cohort of Australians who provided funds to known facilitators of CSA live streaming in the Philippines. The results showed that these individuals were likely to be aged in their 50s or 60s and the majority (55%) had no criminal record. Ten percent had a sexual offence recorded in their criminal history. Most CSA live streaming transactions involved a small proportion of individuals. Just three percent accounted for half of all transactions. In contrast, 25 percent of individuals made just three percent of transactions. As individuals purchased more CSA live streaming transactions, the median amounts they paid increased and the transactions became more frequent. These two variables were significantly correlated. This may reflect an escalation in the frequency and severity of offending.  

Trends & issues in crime and criminal justice no. 589. Canberra: Australian Institute of Criminology. 2020. 16p.

National Review of Child Sexual Abuse and Sexual Assault Legislation in Australia

By Christopher Dowling, Siobhan Lawler, Laura Doherty, Heather Wolbers

This review was commissioned to support implementation of the Standing Council of Attorneys-General Work Plan to Strengthen Criminal Justice Responses to Sexual Assault 2022–2027, which emphasises the importance of strengthening legal frameworks where required to ensure victims and survivors have improved justice outcomes and protections. The review includes an analysis of Commonwealth, state and territory legislation, a review of national and international research, reviews and inquiries, and consultations with victims and survivors and expert stakeholders. It explores any gaps and inconsistencies in the legislative landscape and their implications for victims and survivors who have contact with the criminal justice system. It also investigates the barriers and challenges to achieving greater consistency in legislation. The review broadly addresses these research questions: 1. What is the nature and scope of sexual assault and child sexual abuse legislation in Australia? 2. What differences and similarities (if any) are there between sexual assault and child sexual abuse legislative frameworks in Australia? 3. What impact (if any) do legislative inconsistencies have on: a. the investigation and prosecution of sexual assault and child sexual abuse matters in the criminal justice system; and b. the ability of victims and survivors to receive the support they require? 4. What are the barriers/challenges to achieving consistency in child sexual abuse and sexual assault legislation in Australia? 5. What are the gaps in current legislation for responding to new and emerging trends in sexual violence? 6. What does ‘best practice’ in relation to sexual assault and child sexual abuse legislation look like?  

Canberra: Australian Institute of Criminology 2024. 375p.

Teachers' Experiences with School Violence and Lockdown Drills. 

By Pauline Moore, Melissa Kay Diliberti, Brian A. Jackson

Violent incidents, such as shootings, and threats of such violence, have become relatively common occurrences in kindergarten through grade 12 (K–12) schools across the United States. One common way that schools help their staff and students train for the possibility of an active shooter or other threats is by conducting practice drills. The prevalence of these drills — combined with the mixed results of how these drills affect staff and students' feelings of preparedness, safety, fear, and stress — highlights the need for more research. To better understand what teachers across the United States think about school safety generally and active shooter drills in particular, RAND researchers administered a survey to a randomly selected sample of 1,020 K–12 teachers using the American Teacher Panel. The survey focused on teachers' perceptions of school safety, including their main safety concerns and their experiences with incidents of gun violence, and with drills designed to prepare students and staff for school shootings and other violent incidents. The survey specifically asked whether such drills made teachers feel more or less safe and prepared to respond to active assailant events and teachers' perceptions of their students' feelings about such drills, as well as whether support was available to students and staff during and following drills. Survey results indicate that more work is needed to understand the impact of drills on staff and students and what schools can do to better support the well-being of students and staff who are required to participate in these activities.

Key Findings

  • One in six K–12 teachers nationally works in a district that has been touched by gun violence since the 2019–2020 school year.

  • Relative to the previous school year, teachers reported more concern in 2023–2024 about being victims of an attack at their schools and were even more concerned for their students.

  • In the 2023–2024 school year, a greater share of female teachers than male teachers (27 percent versus 14 percent, respectively) reported fear of being harmed or attacked at school. In the previous year, female teachers were no more likely than male teachers to report such fears.

  • Variability in the elements and response actions involved in drills highlights the need for more standardized implementation.

  • Schools do not typically announce when an active shooter drill will occur to students and parents, and many schools are not providing support to help students and staff manage any stress or anxiety that such drills might cause.

  • Teachers are split on whether participation in drills makes them feel more prepared to respond to active shooter incidents: Slightly less than half said that drills make them feel more prepared, and half perceived drills as having no impact on preparedness. A slight majority of teachers (54 percent) reported that drills make students feel more prepared to respond to such incidents.

  • Most teachers (69 percent) indicated that participating in active shooter drills has no impact on their perceptions of safety at school, and only one-fifth said that drills make them feel safer.

Santa Monica, CA: RAND, 2024. 36p.

Understanding the Perception of Place and Its Impact on Community Violence 

By Dorothy Dillard, Howard Henderson,  Johnny Rice II, Amy D. Goldstein, Maurice Mangum,

In this article, we explore the responses of 357 African American men between 15- and 24 years old living in four high-crime violence cities to better understand their perception of their environment and its impact on community violence. We focus on study participants’ perceptions of their cities, explanations of violence, and their perceived contribution to the level of violence. Respondents describe their cities in grim terms with few opportunities. And, from their perspective, the dangerous environment in which they live necessitates gun possession, potentially perpetuating community violence. Our findings affirm that as with any other public health issue, the perception of place matters in understanding community violence. Further, our findings underscore the importance of seeking and responding to the lived experience of those most likely to be victims and perpetrators of community violence in crafting and implementing interventions 

Delaware Journal of Public Health, 2024.

Violence Against Children in The European Union: Current Situation: In-Depth Analysis 18-10-2024

By Martina Prpic with Melissa Eichhorn

Violence against children takes various forms and occurs in different contexts. It can have serious, harmful consequences in both the short and long term, and estimates of the scale of the problem are alarming. Resulting from a complex interaction of various risk factors, this violence can nevertheless be avoided through effective prevention policies. Several international instruments have been adopted to safeguard and promote children's rights. The cornerstone in this framework of instruments is the United Nations Convention on the Rights of the Child, Article 19 of which lays down the right of a child to be protected from all forms of violence and the obligation on states to take all appropriate measures to protect children. With the entry into force of the Lisbon Treaty, the protection of children's rights has been explicitly recognized as an objective that the EU has an obligation to pursue. While child protection systems fall mainly within the responsibility of the EU Member States, the EU itself plays an important role too. Its actions have a direct impact on laws and policies implemented at the national level. Enhanced cooperation between all stakeholders and the exchange of best practices are the routes taken to address the issue.

EPRS | European Parliamentary Research Service 2024. 31p.

 Becoming a Violent Broker: Cartels, Autodefensas, and The State in Michoacán, Mexico 

By Romain Le Cour Grandmaison

This article explores the construction – or reconstruction – of brokerage channels by violent actors in Mexico. It focuses on the construction of the Autodefensas de Michoacán (SelfDefense Groups of Michoacán) and studies the process that put illegal armed leaders in active dialogue with the Mexican federal government, but also how they became brokers capable of controlling access to strategic political resources, economic markets, and the connections that tie local citizens and the central state. Through the concept of political intermediation, I investigate how coercion, as a skill and resource, has become central to governance in Mexico; and how this leads to consolidating intermediaries that participate in reproducing local, violent political order. This article shall contribute to the understanding of brokerage in contexts of violence, and shed new light on the political logic fueling the dynamics of violence in Mexico’s war on drugs. Keywords: drug cartels, brokerage, Mexico, war on drugs, state, violence

European Review of Latin American and Caribbean Studies Revista Europea de Estudios Latinoamericanos y del Caribe 2021.

Online and Offline Racism in Victoria. The Context of Online Racism in Victoria in 2020

By Craig McGarty

An analysis of Twitter content from Victoria in 2020 found low levels of racial vilification of Asians. This surprising low level of public online racism is consistent with reanalysis of survey data. Racism directed against Asian Australians and others is an ongoing source of harm. There is not, however, good reasons to believe that hatred of Asians was successfully mobilized and exacerbated in Victoria in 2020 by mass online means. Racism needs to be confronted wherever it occurs, but the uncritical acceptance of media narratives is unlikely to help the cause of confronting it.     

Melbourne: Centre for Resilient and Inclusive Societies, 2023; 36p. 

Domestic and Child Abuse: DOD Needs to Clarify Guidance on Incident Determination Committee Notifications

By Kristy E. Williams, U.S. Government Accountability Office

Domestic and child abuse can result in devastating consequences for military service members and their families. It also can reduce mission readiness. In fiscal year 2023, DOD recorded 26,978 reports of domestic and child abuse incidents, of which 14,110 met the DOD definition of abuse. House Report 117-397 includes a provision for GAO to review the policies and regulations governing IDCs and the use of decision notification letters. This report (1) describes how military commanders, abuse victims, and alleged abusers may use IDC decisions; and (2) assesses the extent to which the military services have established processes to notify commanders, abuse victims, and alleged abusers of IDC decisions. GAO conducted site visits at four military installations; analyzed random samples of IDC notifications and incident case logs; reviewed DOD and military service guidance; and interviewed DOD, military service, and civilian officials. What GAO Recommends GAO recommends DOD clarify its guidance and expectations on incident determination notification methods and content based on its identification and analysis of associated risks. DOD concurred with GAO’s recommendation.    

Washington, DC: U.S. Government Accountability Office, 2024. 49p.

Family Conflict and Violence, Family Separation and Negligence Towards Children

By Clarissa

The Child Labour: Action-Research-Innovation in South and South-Eastern Asia (CLARISSA) programme uses Action Research (AR) to understand the dynamics which drive the worst forms of child labour (WFCL), and to generate participatory innovations which help to shift these underlying dynamics and mitigate their worst effects. Through 13 Action Research Groups (ARGs) in Bangladesh and 12 groups in Nepal, the programme is generating a rich understanding – particularly through children’s lived experiences – of the complex underlying drivers of harmful work and working children and their employers are themselves defining, piloting and evaluating their innovative actions that aim to increase children’s options to avoid WFCL.  

Bangladesh Action Research Group 13 Brighton: Institute of Development Studies

Perspectives on Prevention of Gender-Based Violence: Identifying and Disrupting Pathways to Violence

By Jesuit Social Services

This paper focuses on how governments can support a greater understanding of perpetration and a strengthening and acceleration of current efforts to end men’s violence against women and children. It affirms the need to build on Australia’s current approaches to prevention and considers whether they need to be further adapted or refined. Recommendations are based on practice experience, research, and the lived experience of participants. 

Recommendations

  1. Investment in the collection of more and better data on the extent of perpetration, and its dynamics and drivers.

  2. Identification of emerging opportunities to intervene early to prevent violence against women and children.

  3. A “stocktake” of existing prevention and early intervention work taking place across the country, including consideration of evidence where it exists, to promote more specific discussions regarding the merits of various practice approaches.

  4. Development of an evidence framework for prevention and early intervention, including standards of evidence.

  5. A workforce capability building approach which views a range of work as prevention, including work with people of all genders who can influence men and boys across settings.

  6. An online deterrence/early intervention campaign which draws on international best practice.

  7. Investment in digital tools to support parents and critical workforces to confidently foster discussions with men and boys about gender norms and use of violence, and to counter negative influences.

  8. Exploring in-prison behaviour change approaches, in parallel with changes to prison conditions and culture.

Australia: Jesuit Social Services, 2024. 39p.

Prevalence of Recorded Family and Domestic Violence Offending: A Birth Cohort Study

By Jason Payne and Anthony Morgan

In this study we used criminal history data for three birth cohorts in New South Wales to estimate the prevalence of recorded family and domestic violence offending. Using an accelerated longitudinal design, we estimate that 6.3 percent of people born in New South Wales had been proceeded against by police for a family and domestic violence offence by age 37. The rate was significantly higher for men: 9.6 percent of men— one in 10—had been proceeded against for a family and domestic violence offence, compared with 3.0 percent of women (one in 33). Overall, 1.2 percent of people born in New South Wales were responsible for more than 50 percent of recorded family and domestic violence offences. Further, family and domestic violence offenders accounted for nearly half of all recorded offences by people in the birth cohort. This is the first estimate of the prevalence of recorded family and domestic violence offending in a population sample in Australia. This is an important step towards increasing the visibility of family and domestic violence perpetrators.

Trends & issues in crime and criminal justice no. 701. Canberra: Australian Institute of Criminology. 2024. 18p.

Beyond Models: Exploring Key City Capacities for Sustainably Reducing Community Violence

By Vaughn Crandall, Marina Gonzalez and Reygan Cunningham

Community violence prevention is an emerging field of public safety work focused on reducing and preventing lethal and sublethal violence.1 Yet, despite growing awareness of evidence-informed approaches, historic levels of investment and political support from the federal government, few cities have been able to sustainably reduce community violence at the city level through purposeful strategies. With support from The Pew Charitable Trusts, the California Partnership for Safe Communities (CPSC) worked with a diverse range of field experts to identify key capacities that may play essential roles in reducing community violence at the city level and over time. The project team began by combining findings from research across a range of disciplines and interviews with leading subject matter experts to identify key capacities that were likely to play important roles in the ability of cities to sustainably reduce community violence. The six identified capacities were: 1. Political governance and public sector leadership, 2. Data-informed problem analysis, 3. Cross-sector collaboration on a shared strategy, 4. Effective operational management, 5. Robust violence reduction infrastructure, and 6. Sustainability planning and institutionalization. To test and refine these capacities, CPSC project leads explored the role of each capacity in seven cities with long-term violence challenges as well as significant experience with violence prevention efforts: Baltimore; Boston; Cincinnati; Los Angeles; New Orleans; Oakland; and Philadelphia. This second stage of the study surfaced the following city findings: Cities with more key capacities present appeared to be more successful. These cities were able to assemble violence reduction strategies that formal evaluations found to be effective in reducing violence over multi-year time horizons.2 Higher levels of effective political governance corresponded with more robust operational management, which appeared to play a crucial role in cities' ability to reduce violence; Sustained funding, a clear theory of change, a strategic focus on a highest-risk of violence population and organizational support were associated with effective CVI ecosystems. These ecosystems appeared to help cities sustain longer-term reductions. Problem-oriented, data-driven, collaborative policing appears to play an important role, operationally and politically; The challenge of scaling programs and strategies in larger cities is significant, but can drive creative adaptation when supported by robust management structures; and Sustainability and institutionalization of violence reduction strategies appear to depend heavily on stable political governance and effective management 

Oakland, CA: California Partnership for Safe Communities. 18p.

Femicide in the United States: a Call for Legal Codification and National Surveillance

By Patricia C. Lewis , Nadine J. Kaslow, Yuk Fai Cheong, Dabney P. Evans and Kathryn M. Yount

Femicide Refers to the intentional gender-related killing of women and girls (1). Despite the high prevalence of female murder victimization in the United States (U.S.) (2, 3), the U.S. lags behind other nations in defining and documenting gender-related female homicides (4). While efforts are underway within the criminal justice and public health sectors to better track violent deaths, deficient surveillance systems limit efforts to estimate the annual incidence of femicide in the U.S. Here, we position femicide as a preventable death that should be treated as a social and public health problem and a distinct form of homicide in the legal code. This approach is especially salient, given the documented increase of non-lethal intimate partner violence (IPV) in major cities (5) and nationally (6) during the COVID-19pandemic, demonstrating the collateral impacts of public-health crises on violence against women (VAW). 

Front. Public Health, 27 February 2024 Sec. Injury Prevention and Control Volume 12 - 2024 |

Literature Review of Guardianship Abuse and Fraud   

By Pamela B. Teaster, Erica Wood,  Sally B. Hurme,  Carlisle Shealy

In the United States, 10.6% of adults ages 18-64 and 35.2% of people age 65 and older live with a disability (Kraus et al., 2018). Four and a half percent of adults ages 18-64 and 8.9% of people age 65 and older have a cognitive disability (Kraus et al., 2018). Certain cognitive disabilities make adults vulnerable to abuse and require the help of a surrogate decision-maker, such as a guardian or an agent under a power of attorney (Gunther, 2011). A wide spectrum of adults may need the assistance of a guardian, including individuals with serious mental illness, intellectual disability, and traumatic brain injury. The number of adults with serious mental illness increased from 8.3 million in 2008 to 13.1 million in 2019; the greatest increase occurred in young adults ages 18-25 (Lipari, 2020). More than 7 million people in the United States have an intellectual disability, with many requiring assistance (Population Specific Fact Sheet–Intellectual Disability | National Disability Navigator Resource Collaborative, n.d.). The Centers for Disease Control and Prevention estimates that each year there are more than 2.87 million visits to emergency departments, hospitalizations, and deaths due to traumatic brain injury; some of these result in long-term disability (TBI Data | Concussion | Traumatic Brain Injury | CDC Injury Center, 2021). The U.S. Department of Veterans Affairs reports that more than 400,000 U.S. service members experienced a traumatic brain injury between 2000 and 2019 (VA Research on Traumatic Brain Injury (TBI), n.d.). Individuals with serious mental illness, intellectual disability, and traumatic brain injury may require short- or long-term guardianship depending on the progression and treatment of their disability. Advancements in medical care not only expand the lifespan of older individuals but also enhance the life expectancies of younger individuals with brain injuries, serious mental illness, or intellectual disabilities, who may outlive their family caregivers (Patja et al., 2000). Terminology for guardianship differs by state. In many but not all states, court-appointed surrogates who make decisions concerning an individual’s finances are referred to as “conservators,” and those who make decisions concerning an individual’s health or personal matters are called “guardians.” For this report, we use the term guardian to refer to both, unless specifically indicated. Guardians are bound by statutory requirements and case law — as well as ethical principles — to act in the best interests of a vulnerable adult. Guardians are fiduciaries, which means that they must act according to the highest standards of care, accountability, trust, honesty, confidentiality, and avoidance of conflict of interest (Managing Someone Else’s Money: Help for Court Appointed Guardian of Property and Conservators, 2019). Powers given to guardians are often immense — for example, the authority to sell a person’s home and personal property, make contracts on their behalf, and consent to all medical treatments. In addition, guardians may be authorized to charge fees for their services that are payable from an adult’s estate — a situation that, left unmonitored, opens the potential for abuse. Moreover, adults with cognitive impairments may be unable to recognize when guardians are not serving as they should. Although guardians should provide protection, there is also the risk that a guardian may take advantage of an adult whom they were named to protect. Despite this situation, we currently lack reliable data both on how many guardianships or guardians exist and on the outcomes of these  arrangements. A number of high-profile media exposés (e.g., Aviv, 2017; Day, Stark, & Coscarelli, 2021; Garland, 2017) have highlighted how, in some egregious cases, guardian actions have harmed adults who are at risk. 

Washington DC: National Institute of Justice , 2022. 64p.

Recidivism Among Sex Offenders in Massachusetts and Maine

By Tara Wheeler, Julia Bergeron-Smith, George Shaler, Lisa Sampson

Sex offender recidivism data can be difficult to comprehend, especially when conducting research across states. For example, sex offenders can be categorized in numerous ways: by the type of crime committed (e.g., rape, assault, exhibitionism), by offense severity, by victim age (adult or child). Likewise, recidivism definitions (e.g., rearrest, reconviction, or reincarceration) and timeframes (e.g., one-year, two-year, or three-years following release) can vary across local, state, and federal agencies. Thus, there is no single measure systemically used across jurisdictions. Recognizing the public’s concerns about sex offender recidivism, the Maine and Massachusetts Statistical Analysis Centers (SACs), proposed and received funding for a retrospective sex offender recidivism study through the Bureau of Justice Statistics, Department of Justice. This collaboration marks the first time either state has undertaken this type of study. This project studied the recidivism rates of Maine sex offenders who were released from prison between 2005 and 2019 and Massachusetts sex offenders released between 2009 and 2018. In total, the Massachusetts cohort was composed of 1,210 offenders and the Maine study of 905 offenders. Criminal history records were obtained for each offender from their respective states to determine whether the offender recidivated (i.e., committed post-release offenses that resulted in a conviction). To be included in the recidivism portion of this study, there must have been at least a five-year window between the time of release and the time the criminal history data was pulled. Overall, 880 offenders were included in the Massachusetts recidivism analysis and 661 in the Maine recidivism analysis. A primary interest area was to determine whether recidivism rates differed by offense severity (i.e., rape or non-rape) and victim age (i.e., child or adult), however, these two groupings are not entirely separate from one another— while rape is considered more severe than other types of sex offenses, crimes against children are also deemed to be more egregious than crimes against adults. Therefore, an offender typology—based on the original sex offenses associated with the commitment and subsequent release—was created that incorporates both victim type and offense severity. The first, and most severe, category is child rapist, which includes all offenders who committed a child rape offense, followed by the rapist category, which includes all other offenders who committed a rape offense. Next is child predator and is used for those who committed a sex offense against a child but did not commit a rape offense. Last, is the other category and captures those who did not fall within one of the prior three categories. To gain a better understanding of recidivism among the sex offender population, survival analysis (specifically, the Cox Proportional Hazards regression method) was conducted to determine which offender characteristics, if any, influenced recidivism rates. Using this approach, researchers were able to control for other known attributes. The attributes tested in this study were: • offender type • severity of sex offense(s) (Maine only) • number of sex offense(s) • commitment length (Maine only) • release type (supervision or discharge) • security level of facility offender was released from (Massachusetts only) • release age Key Findings • Age at earliest sex offense associated with commitment varied by offender type for both Maine and Massachusetts. Interestingly, child predators had a mean age that was statistically higher than that of rapists and child rapists. o In Massachusetts, the average offense age of child predators was 36.6 years old, which was significantly higher than the offense age of rapists (31.1 years old) and child rapists (33.9 years old). o For Maine, child predators were, on average, 35.0 years old at the time of their earliest sex offense associated with commitment, compared to 30.4 years old for child rapists and 31.1 years old for rapists. • Maine’s five-year recidivism rate (43%) was much higher than the Massachusetts five year recidivism rate (25%). While there are numerous potential scenarios that could explain the differences in recidivism rates, it is important to note that each state has its own criminal laws and procedures that, in turn, impacts the underlying study population and their recidivism rates. For instance, an offense that resulted in commitment to state prison in Maine might result in a county jail commitment for Massachusetts. Therefore, caution should be taken when making comparisons between the two states. • Offender type, severity of sex offense, and release age were found to be associated with Maine recidivism rates. When coupled with release age, release type was also found to have an influence on recidivism rates. Holding all other attributes constant: o Individuals whose most severe sex offense was a misdemeanor are expected to recidivate at a rate 45% higher than those with a felony level offense. o ‘Other’ type offenders (those whose offenses fell short of rape and did not target children) have an expected recidivism rate 45% higher than offenders who committed sex offenses against children (child predators and child rapists) o Age at release, both by itself and as an interaction with release type, is associated with recidivism rates. For every 10-year increase in age at release, the predicted recidivism rate decreased by 21%. However, for offenders who were released to supervision, the hazard rate decreases even further, with supervised offenders having a 38% decrease in risk for every 10-year increase of age at release. • Of the attributes tested, offender type, release type, release level, and release age were found to be associated with Massachusetts recidivism rates. Holding all other attributes constant: o Offenders released from a maximum-security level facility are predicted to recidivate at a rate 2.4 times higher than that of offenders released from a medium security level facility or lower. o ‘Other’ type sex offenders are predicted to recidivate at a rate 115% higher than those who committed child-based sex offenses (child predators and child rapists). Meanwhile, non-child rape offenders are expected to recidivate at a rate 58% higher than child offenders. o Discharged offenders released without supervision have an expected recidivism rate 61% higher than offenders who were supervised following release. o For every 10-year increase in age, the recidivism rate is expected to decrease by 37%.    

 Portland:  Maine Statistical Analysis Center;   Massachusetts Statistical Analysis Center, 2023. 50p.

An Analysis of Violent, Gun-Related Crime in Oklahoma: Using State Incident-Based Reporting System (SIBRS) Data 

By Kara Miller

The Oklahoma Statistical Analysis Center (SAC), a unit located within the Oklahoma State Bureau of Investigation (OSBI), is tasked with analyzing and reporting crime data. In 2019, Oklahoma House Bill 2597 was passed by the legislature and signed by the Governor. Effective November 1, 2019, the bill modified Oklahoma law to permit anyone over 21 years or military services members and/or veterans over 18 to carry a firearm without first obtaining a self-defense act (SDA) license provided they are not disqualified based on their criminal history. In order to evaluate whether the change in law impacted crime in Oklahoma, the SAC chose to study violent, gun-related crimes in Oklahoma using State Incident-Based Reporting System (SIBRS) data for the offenses of “murder and non-negligent manslaughter” and aggravated assault. This initial report evaluates 2018 data to establish a baseline. Future reports will analyze data from 2019 and beyond comparing the results to this benchmark report. Key Findings:  For the 37 victims of murder where the sex was known: o Male victims (27) were killed by offenders whose sex was reported as male (17, 56.7%), female (8, 26.7%), or unknown (5, 16.7%). o Female victims (10) were killed by offenders whose sex was reported as male (9, 90.0%) or female (1, 10.0%).  The majority (540, 79.3%) of victims of aggravated assault with a gun were reported with no injury. Victim-to-offender relationship: o For 73.7% of victim-to-offender relationships for victims of murder/non-negligent manslaughter, the victim was within the family of the offender (42.1%), or the victim was outside of the family but known to the offender (31.6%). o For 64.8% of victim-to-offender relationships for victims of aggravated assault, the victim was within the family of the offender (17.8%), or the victim was outside of the family but known to the offender (47.0%).  Victims of Aggravated Assault and Injuries of Aggravated Assault is defined as the presence of a weapon that could cause serious injury or presence of severe injuries.  Nearly 80.0% of victims were reported with no injury. 

Oklahoma City: Oklahoma State Bureau of Investigation. Office of Criminal Justice Statistics, 2020. 81p.