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**FOR IMMEDIATE RELEASE**
July 16, 2008
Contact: Sarah Krauss
(212) 669-4193; (917) 541-0936
Release #:27-2008
PA Gotbaum: City and State Fail to Protect Domestic Violence Victims and Their Children from Continued Abuse
Batterers not prosecuted for filing malicious false reports of child abuse against victims ;
New survey shows 72 percent of domestic violence workers know of false reporting
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MANHATTAN- Public Advocate Gotbaum today released a new survey that found batterers continue to harass their victims by filing malicious, false reports of child abuse. While 72% of domestic violence service providers reported having at least one case that involved false reporting, only 5% indicated that an abuser was prosecuted for knowingly filing a false report.
Public Advocate Betsy Gotbaum said, “Our new survey confirms what I’ve been hearing from the domestic violence community for a long time- that abuse doesn’t stop when the victim walks out the door. One phone call, one malicious report, can keep a victim trapped in a cycle of abuse and harassment for years. It is time we take action to raise awareness of this problem and prosecute abusers for this type of harassment.”
Perpetrators of domestic violence often continue to abuse their victims after they are separated by manipulating the existing child abuse and neglect reporting system. They file false reports against their victims, often repeatedly, to the State Central Register for Child Abuse and Neglect (SCR), claiming that the survivors—their victims—are abusing their children. The motives for such malicious behavior include an attempt to gain leverage in an upcoming custody battle and punishment for leaving.
“It is common practice for perpetrators of domestic violence to threaten their victims with the loss of their children if they dare to leave them. Many abusers use the child welfare system to make good on their threats. The Voices of Women Organizing Project (VOW) is documenting cases of malicious reports by batterers and we hope to work with the Public Advocate's office and domestic violence advocates to discourage this form of harassment and abuse." Susan Lob, director of VOW, an organization of survivors of domestic violence working to shape policy and improve services for battered women.
Tanya McLeod, a VOW member and organizer said, “My ex-husband was sent to jail for his violence against me and my children. While in jail, he made a false and malicious report of child abuse against me. My home felt invaded when the police responded to the report and my children were interrogated. I felt re-victimized. This false and malicious report caused a lot of pain for me and my children. Making false reports is a crime and I want to see that perpetrators are prosecuted and that justice prevails.”
Linda Lopez, Deputy Director of Sanctuary for Families said, “False reporting continues the cycle of domestic violence for the victims and their children. Protected by anonymity, the abuser is rarely held accountable for filing a false report. The impact a false report has on domestic violence victims and their children is significant while the batterer faces no ramifications for committing this crime. A batterer’s abuse of the State Central Register for Child Abuse and Neglect (SCR) by making false allegations against a domestic violence victim is neglect and he should be investigated and prosecuted.”
In partnership with Sanctuary for Families, the Office of the Public Advocate designed and implemented a survey of domestic violence organizations to determine whether false reporting by domestic violence abusers was a prevailing problem. Although the false reporting of child abuse and neglect is a crime in New York State, the vast majority of those who file such false reports are not prosecuted.
The Office of the Public Advocate received 127 completed surveys from professionals representing 80 separate organizations working with victims of domestic violence. The survey results showed that:
• 72 percent of respondents reported that they have had at least one case in which the abuser falsely reported the survivor to SCR/ACS for child abuse or neglect;
• 67 percent of respondents indicated that they have had at least one case in which the abuser repeatedly reported the survivor to SCR/ACS.
• 43 percent of respondents indicated that false reporting by DV abusers has become a more common problem over time;
• 95 percent of respondents indicated that they have never handled a case in which an abuser was prosecuted for knowingly making false reports of child abuse or neglect against the survivor.
A solution to effectively identifying false reporters is complicated by the fact that the reporting of child abuse and neglect must remain as open a process as possible in order to effectively identify abused and neglected children. If the reporting system becomes too invasive for the reporter, for example requiring identifying information or requiring all reporters to submit written reports, then some may decide not to report vital child abuse information, thus endangering the lives of children.
Domestic violence service providers submitted recommendations on how to address the problem of false reporting. The recommendations include:
1.Inform the public that falsely reporting child abuse and neglect is a crime.
• Develop a public information campaign similar to other child welfare campaigns;
• Include a statement about false reporting in all ACS materials about reporting child abuse or neglect.
2.Create a mechanism by which individuals who believe they are the targets of malicious false reports can file a report with SCR and/or ACS about false reports.
3.Improve coordination between ACS, SCR, and the District Attorneys to more aggressively prosecute those who knowingly file false reports.
4.Increase penalties for those who knowingly file false reports, especially perpetrators of domestic violence, by changing the classification of the offense from a misdemeanor to a felony with higher fines and a longer period of incarceration.
5.ACS recommends that legislation be enacted to authorize the SCR to maintain records of unfounded abuse reports for a longer time period. Currently they are only maintained for 90 days. ACS supports Assembly Bill 4137A which requires the recording of all calls made to the SCR and requires these recordings to be maintained for 5 years.
In addition, the Office of the Public Advocate recommends that ACS, in collaboration with OCFS and New York City’s District Attorneys, develop and implement policy changes to effectively deter, identify, and prosecute individuals who knowingly file false reports.
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