Comorbid Dangers: Financial Abuse

Introduction

Gender roles are socially constructed, and women are subordinate to men in all circumstances. Historically, men are the heads of the household while women are their wifely caregivers. For centuries, women did not obtain the basic rights they have today. Unfortunately, this causes toxicity to infiltrate the dynamic. Domestic violence is one example of how too much power on one person can destroy another.

The section above pertains to an underdeveloped social structure. Today, men and women are not the only genders recognized in American society. However, men, especially heterosexual white men, remain superior to any minority. The Violence Against Women Act (VAWA) was created for women, but now protects any victim of violence.

The History of VAWA

Domestic violence crimes were finally federally recognized in the United States. According to the Legal Momentum Organization, Congress passed the Violence Against Women Act (VAWA 1994) alongside the Violent Crime Control and Law Enforcement Act of 1994. The protections and provisions of the act were expanded in the Violence Against Women Act of 2000 (VAWA 2000), and the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005).

VAWA 1994 was the first comprehensive federal legislation created to cease violence against women. It included provisions on rape and battering that focused on prevention and funding for victims; it validated women's groups that lobbied for federal protections in states lacking them. The bill was the first to make these crimes federally illegal and required every state to provide protection orders in full faith.

The drafting of VAWA began in 1990. President Joseph Biden (Senator of Deleware at the time) submitted a preliminary proposal highlighting the severity of violence against women to Congress. He collaborated with the Senate Judiciary Committee staff and the Legal Momentum (previously called NOW Legal Defense and Education Fund). As a result, experts and organizations worked together in the Task Force on VAWA to help draft and pass the bill. The Legal Momentum stated, "This initial coalition has become the very large and diverse National Task Force to End Sexual and Domestic Violence, which continues to collaborate to help draft and pass each VAWA reauthorization" (paragraph 3).

The Department of Justice founded the Office on Violence Against Women (OVW) which funded VAWA in 1994 and following legislation. OVW provided financial and technical aid to U.S. communities that created programs, policies, and practices aimed at ceasing domestic violence, dating violence, sexual assault, and stalking. In 2002, OVW became a permanent part of the Department of Justice. Since 1994, OVW granted approximately $4 billion to non-profit programs and state, tribal, and local governments. The American Recovery and Reinvestment Act (2009) included an additional $225 million for OVW funding.

Protections & Provisions

Impact

Funding for victim services and evidentiary matters
Rape and battering that focuses on prevention
Requires that every state afford full faith and credit to orders of protection

Authorized domestic violence victims who escape and travel across state lines for custody orders without returning to jurisdictions
Enhanced enforcement of protection orders across state and tribal lines
Improved services for victims of stalking
Increased access to services for communities of color, immigrant women, and tribal and Native communities
Increased protections for immigrants, sexual assault survivors, and victims of dating violence
Specifically included the needs of underserved populations
VAWA 2005 founded new programs, such as Court Training and Improvements, Child Witness, and Culturally Specific programs

VAWA Today

The initial version of VAWA only supported women. However, the U.S. Department of Housing and Urban Development answered a frequently asked question about who is covered. It stated, "VAWA protects survivors, regardless of their sex, gender identity, or sexual orientation and regardless of the sex, gender identity or sexual orientation of the person who caused harm." Any "coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim" is covered under VAWA. Some examples are economic, emotional, mental, physical, sexual, and technological abuse and stalking.

VAWA has gone through several advancements since its original legislation. The most recent amendment of the bill was passed under President Biden's term in 2022. According to the National Network to End Domestic Violence (NNEDV), this reauthorization included groundbreaking provisions that were inclusive to any victim. One example was the creation of an LGBTQ+ services program. Another was restoring tribal jurisdiction. The NNEDV stated that this provision "allowed tribes to hold non-Native perpetrators accountable, improved existing housing protections and increased access to emergency and short-term housing, and created dedicated investments in culturally specific service providers to ensure survivors of color are supported" (paragraph 2).

VAWA & VOCA at Sylvia's Place

Additionally, VAWA and VOCA (The Victims of Crime Act) funds Sylvia's Place. According to Equal Justice USA, VOCA was established by Congress in 1984 under President Ronald Reagan and created the Crime Victims' Fund, which collects millions of dollars. The Crime Victims' Fund distributes a set amount annually that states must apply for; states re-grant the funds to nonprofit organizations. Sylvia's Place specifically uses funds from VAWA and VOCA for our six-bedroom emergency shelter, ten free counseling sessions, court accompaniments, legal advocacy, and transportation (company van or gas cards for clients).

Most Recent Annual Report (2022-2023)

See More Annual Reports (2015+)

https://sylviasplace.com/strategic-change-plan/annual-reports/

References

(n.d.). History of VAWA. Www.Legalmomentum.org. Retrieved June 25, 2024, from https://www.legalmomentum.org/history-vawa

(n.d.). Violence Against Women Act. Nnedv.org. Retrieved July 5, 2024, from https://nnedv.org/content/violence-against-women-act/

(n.d.). What is VOCA? Ejusa.org. Retrieved July 5, 2024, from https://ejusa.org/resource/apply-for-voca-funding/what-is-voca/

What is financial abuse?

Financial abuse is when the abuser has control over the victim's money. This kind of abuse often occurs in physically and emotionally abusive relationships.

What is economic abuse?

Economic abuse is a broader concept of financial abuse. Abusers control a victim's ability to obtain and maintain resources; ultimately, the abuser threatens the victim's economic security and independence. It is more than abusing a victim and their money; abusers threaten and ruin something so vital like a victim's credit score.

Who is financially abused?

Children

The Elderly

Intimate Partners

Definition

Child Financial Abuse is the misuse of a child's identity or assets for personal gain. It is often overshadowed by physical and emotional abuse causing it to be underreported. The impact is devastating on children's lives.

Three Common Forms

Parental
Teen Dating
Identity theft

Parents have easy access to children's personal information and finances. Because of this, it is difficult to detect and resolve parental financial abuse. According to EndCan, this abuse is not malicious in every situation. Sometimes parents are in horrible financial situations, such as having a crappy credit score and piles of immense debt. Therefore, parents use children's clean slates to obtain loans, credit cards, or to make big purchases they could not before. Mostly, these bills are left unpaid and that is why it ruins a child's financial life before it fairly begins. Many teenagers have their own income from working. Therefore, financial abuse can be an apparent issue when they date. According to EndCan, money management and dating are new experiences to teens; therefore it can be hard to understand what is healthy and unhealthy. Some indicators include: one partner must pay for all dates, one partner must ask permission to use their own money, one partner must give the other partner access to their money, and one partner is limited or not allowed to work. It is vital for parents to teach teens red flags of financial abuse and abuse in general. Identity theft affects children 50 times more than other groups of people. Thieves do the same things as parents. They take out loans or get credit cards in the child's name and never pay off the debt. According to Dawson Place, "this form of abuse is the hardest to detect early on, but can be the most financially damaging" (2021).

Signs

Child pays bills
Child is punished for spending money
Child receives mail about payments
Child has a credit report
Child has no access to their money
Child is threatened with money

Impact

Most children do not know they have been financially abused until their adults. It will be extremely difficult to obtain huge accomplishments, such as buying a house or even renting an apartment because landlords look at credit scores. Also, the money still has to be paid to lenders; that is why it is vital to contact them, tell what happened, and work out payment arrangements or luckily get the debt completely cleared.

Definition

Like children, the elderly are extremely vulnerable to financial abuse. Psychiatrist.com uses the broad definition of financial abuse from the National Center for Elder Abuse. It is "the illegal or improper use of an elder’s funds, property, or assets including, but not limited to, misusing or stealing an older person’s money or possessions, coercing or deceiving an older person into signing any document (eg, contracts or will), and the improper use of conservatorship, guardianship, or power of attorney." The definition shows both sides of the abuse, fraud and exploitation.

Common Stories

The U.S. Department of Justice shares common stories of elder abuse. The first is exploitation by family, close friends, or neighbors (i.e. spousal fraud, identity theft by adult child, theft by guardian, misuse of a power of attorney, theft by friend and promised exchanges, etc). Secondly, exploitation by trusted professionals which involves investment fraud by financial advisor or tax preparers, forgery by caregivers, etc. Lastly, exploitation by strangers, including internet identity theft, fraud by “new sweetheart,” the "grandparent scam,” “home repair scam,” and “lottery scam.” The website goes in depth about the specific examples that may relate to you or someone you know.

Signs

Sudden changes in bank accounts
Additional authorized uses on credit card
Unauthorized withdrawals from ATM
Abrupt changes of will or related documents
Unexplained missing funds and valuable items
Unpaid bills despite having the available funds

Impact

According to psychiatrist.com "financial abuse of elders is underreported." Annually, $2.9 billion is lost from financial abuse. Many elders depend on fixed incomes from government assistance and/or retirement savings. This means the ability to live their independent routines are ruined when someone takes advantage. Financial abuse not only affects elders, but their families also. Family members may have to step in to take care of the victim and work to fix the issue. This can cause many burdens, but financially, families are paying more money in bills and basic necessities than before. Ultimately, victims result in nursing homes or hospitalization and die prematurely because of the abuse and potential neglect from family and caregivers. Mortality rates of victims of elder abuse are "comparable" to victims of caregiver neglect, which is the highest mortality rate of all types of abuse. The National Library of Medicine states "Elder abuse (EA) affects one in six older adults, and financial EA, a common subtype, severely impacts victims and society. Again, there is limited of evidence because this type of abuse goes underreported. However, the National Library of Medicine conducted an experiment and went in great detail on their website. In result, "Financial abuse-only cases had the lowest prevalence of vulnerability and risk factors. Most of these factors, and a familial relationship, were significantly more common in cases involving other EA types. Findings indicate that financial abuse, occurring in isolation, is distinct from other EA types." According to the outcome of the experiment, the National Library of Medicine states financial abuse is a distinctive type of abuse and should be separated when documenting other EA types.

Description

According to the National Network to end Domestic Violence (NNEDV), financial exploitation is a common tactic abusers gain power and control in an intimate relationship. Research shows that it happens in 99% of domestic violence cases, and it decreases the chances of a victim's security after leaving the abuser. The abuse may be subtle or extensive, but the impact has the same affect on victims. Some tactics are concealing information, limiting the victim's access to assets, or reducing accessibility to family finances. Along with the other types of abuse, financial abuse, is committed to entrap the victim. Financial abuse can happen throughout the relationship or especially when the victim tries to escape. This type of abuse is considered the most powerful when trying to keep the victim in the toxic situation.

Signs

In some cases, financial abuse begins "very charming" but it is only to manipulate the victim. For example, the abuser may offer a weekly allowance so the victim can take a break from the stress of working. Victims get comfortable and begin trusting that the abuser loves them and merely wants to help. Ultimately, the allowance decreases sooner than later, and it is too late by the time victims want to gain back control over their finances. In other cases, ones that are more overt, abusers will commit, but are not limited to, this list:

manage all funds
add debt to joint accounts
hide assets
withhold money
not allow victim to access bank accounts
refuse to contribute income
forbid victim from working
harass or stalk victim at their workplace
force victim to file fraudulent tax returns
force victim to write bad checks
refuse to pay or evade child support

Impact

There are short- and long-term effects of financial abuse. In short-term situations, financial access is vital for the victim's safety. Without funds, survivors are often unable to afford safe housing; therefore, homelessness is a realistic fear they may have. After escaping a long-term situation, survivors have ruined credit scores, sporadic employment histories, and legal issues. This makes it difficult to gain back independence and security.

Need help?

Children: Unfortunately, children do not manage their money in these cases. They do not find out their credit scores are ruined until adult age. However, they can report and contact lenders when it’s time.

Elders: Visit www.justice.gov for my information and help. To report, call the National Elder Fraud Hotline 833-372-8311 / 10am-6pm EST/ Mon-Fri, and the National Adult Protective Services Association (NAPSA) https://www.napsa-now.org/help-in-your-area.

Victims in Intimate Relationships:

Six Quick Tips

Contact local DV program
Have copy of credit report
Monitor credit regularly
Open P.O. box for mail
Call all companies with fin. info
Change pins on all cards

For more quick resources on financial abuse visit www.nnedv.org (scroll to bottom of the page under the article).

If you or anyone you know has questions about things, such as more basic information, credit card information, what to do after the abuser takes money or runs up debt, information about finances when leaving an abusive relationship, and getting your money back along with other assistance, www.womenslaw.org has specific answers to specific questions under the tabs I mentioned.

References

(n.d.). About Financial Abuse. Nnedv.org. Retrieved October 16, 2024, from https://nnedv.org/content/about-financial-abuse/

(n.d.). Financial Abuse. Womenslaw.org. Retrieved October 16, 2024, from https://www.womenslaw.org/about-abuse/forms-abuse/financial-abuse#:~:text=Withholding%20money%2C%20stealing%20money%2C%20and,some%20examples%20of%20financial%20abuse.

Dominquez, S. F., Ozguler, B., Storey, J. E., & Rogers, M. (2022, April). Elder Abuse Vulnerability and Risk Factors: Is Financial Abuse Different From Other Subtypes? Pmc.Ncbi.nlm.nih.gov. Retrieved October 16, 2024, from https://pmc.ncbi.nlm.nih.gov/articles/PMC8966108/

Outreach Team (2021, November 4). What is Financial Child Abuse? Dawsonplace.org. Retrieved October 16, 2024, from https://www.dawsonplace.org/what-is-financial-child-abuse/#:~:text=Financial%20child%20abuse%20is%20the,information%20for%20some%20economic%20gain.

Singh, B. K., DO, Rustad, J. K., MD, McWilliams, G., MD, Gaston, E., MD, JD, Poole, S., LICSW, & Stern, T. A., MD (2023, June 13). Financial Abuse of Older Adults: Screening, Prevention, and Interventions by Primary Care Providers. Psychiatrist.com. Retrieved October 16, 2024, from https://www.psychiatrist.com/pcc/financial-abuse-older-adults-screening-prevention-interventions-primary-care-providers/

U.S. Department of Justice (n.d.). Financial Exploitation. Justice.gov. Retrieved October 16, 2024, from https://www.justice.gov/elderjustice/financial-exploitation-0

(n.d.). What is economic abuse? Survivingeconomicabuse.org. Retrieved October 16, 2024, from https://survivingeconomicabuse.org/what-is-economic-abuse/

What is Financial Child Abuse? Endcan.org. Retrieved October 16, 2024, from https://endcan.org/2021/10/21/3-forms-of-financial-child-abuse/

Introduction

Domestic violence and animal abuse intersect with one another more than you may know. This may be because animal abuse is historically separated from domestic abuse. Offenders can find countless ways to go through with the crime, either human or animal. This article will discuss them and more.

How are they linked?

Animals are beloved worldwide, especially pets, whether “a man’s best friend,” an emotionless emotional support cat, or even a greedy hamster. However, have you ever considered easily accessible wild animals, such as a woodchuck? Guess what? Hunting and harming animals can be linked to domestic violence. This is because the human victim is now more accessible than the wild victim.

Many people assume that animal abuse leads to human abuse. This is true for some cases; however, more offenders begin harming humans and then progress to animals. According to the FBI Law Enforcement Bulletin (LEB), one study showed that 16% of offenders began abusing animals before people.

Abusers get creative because they never want their “power” taken away. So what happens when they see even the slightest happiness radiate from their “prey?” Their blood boils like overflowing pasta water. They must destroy and conquer once again. Therefore, abusers will exploit a victim’s bond with their animal to continue manipulating, controlling, and punishing them.

What is considered animal abuse?

Again, abusers need to feel continuous control. They may buy the victim a pet, but take it away when angry. They may threaten, hurt, or kill the animal if the victim says they will leave. You may wonder, well how does that work? “It’s just an animal!” You may say. However, that is not the case and will never be. That “animal” is an animal, sure. However, the main thing is that it supports the victim. In Domestic Violence and Animal Welfare: The Science of Human-animal Interaction, Dolores Donovan shares how loneliness decreases when someone has a pet and sees it as a family, friend, or regular person. This is because the person projects human feelings, motives, and qualities on the animal, resulting in possible social support they would get from another person (Donovan 398). A lot of victims may have support from their families and friends but are too ashamed to tell them about their situation again or for the first time. Other victims may not have that worry at all. No problem is worse or better! Therefore, pets can be the sole support systems; they can’t talk back to you, but merely be there.

Physically harming the animal interferes with the victim psychologically because it can show what the abuser will do to them or remind them of when they were abused. Because of this, victims often remain in the violent relationship. According to LEB, 75% of women have reported their pets being abused by their offenders, with children witnessing 90% of the time. Moreover, studies have proved that 50% of all children are exposed to animal abuse. Nothing comes out of the blue! Therefore, these foul environments increase the risk of children becoming culprits. The LEB says it’s because they become desensitized and accepting of the abuse since it is familiar.

History and Laws Against Animal Cruelty

An animal at risk is a valid reason why a victim will stay with their abuser. Fortunately, many reports led to the Pet and Women Act (PAWS) in December 2018. According to LEB, the legislation provides housing assistance to domestic violence shelters. Also, victims have the will to protect their animals. This includes animals protected from interstate stalking, protection order violations, and restitution.

Also, the Preventing Animal Cruelty and Torture (PACT) Act protects animals from cruelty. Charlie Robinson and Victoria Clausen state that it is, “a federal law that prohibits the purposeful crushing, burning, drowning, suffocation, impalement, or other violent acts committed against animals, allowing the prosecution of crimes that affect interstate commerce or occur under federal jurisdictions” (Clausen, Robinson, 2021). The PACT Act is the first federal animal cruelty law to expand existing ones at the state level. The entire United States charges animal cruelty as a felony. However, penalties change from state to state. Most states only consider cats and dogs as pets, and others include birds, horses, and other animals. In 2016, “the FBI began tracking crimes against animals in the National Incident-Based Reporting System (NIBRS), in the same way it tracks other serious criminal offenses” (ALDF).

Before 2016, animal cruelty was a general crime in NIBRS. The data will help clarify who commits animal cruelty offenses, the most common animal cruelty jurisdictions, and associations with other crimes.

The Animal Legal Defense Fund (ALDF) provides several examples of how animal cruelty and human abuse are linked. In 1983, 88% of animal abuse was discovered during physical child abuse investigations. It is proved that children are most likely neglected and abused if they are cruel to animals. The Massachusetts Society for the Prevention of Cruelty to Animals and Northwestern University found that animal abusers are 5 times as likely to harm people in a 1997 study. Another experiment (2013) showed that 43% of school shooters also committed animal cruelty; the animals were mostly cats and dogs. In 2017, 89% of women reported their pets were threatened, harmed, or killed by their abusers. ALDF reports that “more than half of women in domestic violence shelters report that they delayed their escape out of fear for their animals.” These experiments prove how animal abuse is linked to human abuse, and how it can delay a victim’s escape from an abuser.

Want Quick Facts? Check out this Infographic!

References

Donovan, D. (n.d.). Domestic Violence and Animal Welfare: The Science of Human-Animal Interaction. Pdf Document. Retrieved September 11, 2024, from file:///Users/arlanacamille/Downloads/DV%20and%20Animal%20Welfare%20-%20The%20Science%20of%20Human-Animal%20Interaction.pdf

Robinson, Charlie M.A, M.S., and Victoria Clausen M.A. “The Link Between Animal Cruelty and Human Violence.” Www.Leb.Fbi.Gov, 10 Aug. 2021, leb.fbi.gov/articles/featured-articles/the-link-between-animal-cruelty-and-human-violence. Accessed 11 Sept. 2024.

“The Link Between Animal Cruelty to Animals and Violence Toward Humans.” Www.Aldf.Org, aldf.org/article/the-link-between-cruelty-to-animals-and-violence-toward-humans-2/. Accessed 11 Sept. 2024.

June is pride month for the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community in America. Joint Base Andrews states, "The federal government first recognized the month in 1999 when President Bill Clinton declared June 'Gay & Lesbian Pride Month.' In 2009, President Barack Obama declared June LGBT Pride Month. On 1 June 2021, President Joe Biden declared June LGBTQ Pride Month" (2023). These statements prove evolution for the community. However, severe issues, such as domestic violence is historically disregarded by society, state, and federal government.

Statistics

According to the National Coalition Against Domestic Violence Organization (NCADV), people in the LGBTQ+ community are mostly excluded from the domestic violence movement. This is because society, state, and federal government traditionally focused more on heterosexual relationships (2018). Statistics are tricky because a lot of cases are not reported. However, in 2018, the NCADV disclosed equal to greater percentages of LGBTQ+ members falling victim to domestic violence compared to heterosexual couples (2018).

Many forms of abuse are apparent in the statistics above. Violence is not limited to being sexually and physically abused; threats, insults, and stalking also fall into the category. Moreover, it is vital to mention that the LGBTQ+ community is a broad spectrum. This prior research may be outdated, but it is necessary to share. It showcases the need for more awareness. More stories need to be shared! More aid needs to be given!

Intersectionality and intersectional identities are within the LGBTQ+ community. Therefore, outside of being queer, Asians, Black and African Americans, Indigenous Persons, Latinos, and any other group that does not fit into the set standard, bear the inequity of more oppression. Black and African American victims are more prone to physical violence than other races and ethnicities. Transgender victims are more likely to be abused publicly as opposed to non-transgender persons. Bisexual victims are more likely to be sexually abused than non-bisexuals. Additionally, white victims are inclined to be sexually abused more than others in the community who do not identify as white. These statistics are real examples, but should not be limited to others that are not reported.

Treacherous Obstacles to Receive Help

The NCADV and the Women Advocates organization discuss several barriers the LGBTQ+ community experiences when seeking help. To reiterate, domestic violence is heavily portrayed as only a heterosexual problem. Homophobia, transphobia, and queerphobia are still apparent because they are minorities. Some fear they will be judged and mocked by service providers and non-LGBTQ+ domestic violence victims. "Will I be outed?" is a troubling concern. Some believe spreading awareness may detract from the community's societal progress. Lastly, being judged and hated for merely being who they are can diminish their confidence.

Federal and State Action

In 1994, the Violence Against Women Act (VAWA) was passed to protect women from domestic violence; however, the federal government amended the act for LGBTQ+ victims (Samons, 2013). In 2013, VAWA was reauthorized for the third time, and made "major" advances to protect heterosexual and same-sex relationships, transgender people, illegal immigrants, and Native American women (Samons, 2013). Christina Samons explicitly provides examples from the act in "Same-Sex Domestic Violence: The Need for Affirmative Legal Protections at all Levels of Government. The original version of the act was vague and left room to exclude the community. Fortunately, President Barack Obama and his administration released an "official opinion" that broadly included everyone in 2010. The reauthorization debate was set in 2012 without progress until the next year.

The federal government made vital changes, but crime will not decrease if the state government does not follow suit. We can see the differences in application or requirements across different states. Generally, states protect families and criminal law statutes from domestic violence, and victims must fit the requirements to obtain a protection order (PPO). California and Hawaii are examples of inclusivity in the state. A person does not need to press charges for a protection order in California. Domestic violence statutes in Hawaii protect LGBTQ+ victims. However, minors (anyone under the age of 18) can only obtain a protection order if a family member or guardian applies for them.

In contrast to these more inclusive and progressive measures, Samons provides information about New York. Same-sex domestic violence is not a crime if the people involved are not family members despite having the largest population of same-sex couples almost 24 years ago. Samons states, "According to the New York Family Court Act of 2002, a domestic violence victim could petition for a protective order for crimes like assault and harassment" (Samons, 2013). The act benefited some same-sex relationships, but the violence had to fit under the umbrella; there were too many limitations.

Summary

Domestic violence does not only affect heterosexual relationships.
LGBTQ+ members are more likely to fall victim to domestic violence than heterosexual persons.
The LGBTQ+ community has a broad spectrum, and statistics do not show that.
The LGBTQ+ community is a minority and has subminorities.
The LGBTQ+ community has many barriers when seeking and receiving aid.
The federal government has acted more than the state government. Crime will not decrease because of it.