7.4.11

Letters From A War Zone": A Battered Wife Survives

 

The clarity of the survivor is chilling. Once she breaks out of the prison of terror and violence in which she has been nearly destroyed, a process that takes years, it is very difficult to lie to her or to manipulate her.

She sees through the social strategies that have controlled her as a woman, the sexual strategies that have reduced her to a shadow of her own native possibilities. She knows that her life depends on never being taken in by romantic illusion or sexual hallucination.

The emotional severity of the survivor appears to others, even those closest to her, to be cold and unyielding, ruthless in its intensity. She knows too much about suffering to try to measure it when it is real, but she despises self-pity.

 

She is self-protective, not out of arrogance, but because she has been ruined by her own fragility. Like Anya, the survivor of the Nazi concentration camps in Susan Fromberg Schaeffer's beautiful novel of the same name, she might say:

"So what have I learned?

I have learned not to believe in suffering. It is a form of death.

If it is severe enough it is a poison; it kills the emotions." She knows that some of her own emotions have been killed and she distrusts those who are infatuated with suffering, as if it were a source of life, not death.

      In her heart she is a mourner for those who have not survived.
      In her soul she is a warrior for those who are now as she was then.
      In her life she is both celebrant and proof of women's capacity and will to survive, to become, to act, to change self and society.

And each year she is stronger and there are more of her.

http://www.nostatusquo.com/ACLU/dworkin/WarZoneChaptIIIB.html

 

LETTERS FROM A WAR ZONE

WRITINGS 1976-1989

by

Andrea Dworkin

Part III

TAKE BACK THE DAY

A Battered Wife Survives

1978, 1988, 1993

Copyright © 1978 by Andrea Dworkin.

All rights reserved.

This essay is now ten years old. Wife-beating is the most commonly committed violent crime in the United States, according to the FBI. In New Hampshire, I meet eighteen-year-old women who work in a battered women's shelter. One talks about how she feels when women decide to go home and she has to drive them. In Toronto, I meet two women who travel through rural Canada in the dead of winter to find and help battered women. In a project called "Off the Beaten Path," Susan Faupel is walking 600 miles--from Chicago, Illinois, to Little Rock, Arkansas--for battered women. In a southern state, I am driven to the airport by an organizer of the rally I have just spoken at; the car keeps veering off the road as she says she is being battered now; when? I keep asking; now, now, she says; she has gone to the organizing meetings for the antipornography demonstrations with make-up covering the bruises on her face. In the South especially I meet lesbians, married with children, who are being beaten by their husbands--afraid to leave because they would lose their children, battered because they are lesbian. In Seattle, I find safe houses, secret from most feminists, for women being beaten by their women lovers. In small towns where there are no shelters, especially in the North and Midwest, I find safe houses organized like an underground railroad for women escaping battery.

I knew not but the next

Would be my final inch--

Emily Dickinson

In a few days, I will turn thirty-one. I am filled with both pride and dread.

      The pride comes from accomplishment. I have done what I wanted to do more than any other thing in life. I have become a writer, published two books of integrity and worth. I did not know what those two books would cost me, how very difficult it would be to write them, to survive the opposition to them. I did not imagine that they would demand of me ruthless devotion, spartan discipline, continuing material deprivation, visceral anxiety about the rudiments of survival, and a faith in myself made more of iron than innocence. I have also learned to live alone, developed a rigorous emotional independence, a self-directed creative will, and a passionate commitment to my own sense of right and wrong. This I had to learn not only to do, but to want to do. I have learned not to lie to myself about what I value--in art, in love, in friendship. I have learned to take responsibility for my own intense convictions and my own real limitations. I have learned to resist most of the forms of coercion and flattery that would rob me of access to my own conscience. I believe that, for a woman, I have accomplished a great deal.

      The dread comes from memory. Memory of terror and insupportable pain can overpower the present, any present, cast shadows so dark that the mind falters, unable to find light, and the body trembles, unable to find any solid ground. The past literally overtakes one, seizes one, holds one immobile in dread. Each year, near my birthday, I remember, involuntarily, that when I was twenty-five I was still a battered wife, a woman whose whole life was speechless desperation. By the time I was twenty-six I was still a terrorized woman. The husband I had left would come out of nowhere, beat or hit or kick me, disappear. A ghost with a fist, a lightning flash followed by riveting pain. There was no protection or safety. I was ripped up inside. My mind was still on the edge of its own destruction. Smothering anxiety, waking nightmares, cold sweats, sobs that I choked on were the constants of my daily life. I did not breathe; I gulped in air to try to get enough of it each minute to survive a blow that might come a second, any second, later. But I had taken the first step: he had to find me; I was no longer at home waiting for him. On my twenty-fifth birthday, when I had lived one quarter of a century, I was nearly dead, almost catatonic, without the will to live. By my twenty-sixth birthday, I wanted more than anything to live. I was one year old, an infant born out of a corpse, still with the smell of death on her, but hating death. This year I am six years old, and the anguish of my own long and dreadful dying comes back to haunt me. But this year, for the first time, I do more than tremble from the fear that even memory brings, I do more than grieve. This year, I sit at my desk and write.

Rape is very terrible. I have been raped and I have talked with hundreds of women who have been raped. Rape is an experience that pollutes one's life. But it is an experience that is contained within the boundaries of one's own life. In the end, one's life is larger.

      Assault by a stranger or within a relationship is very terrible. One is hurt, undermined, degraded, afraid. But one's life is larger.

      A battered wife has a life smaller than the terror that destroys her over time.

      Marriage circumscribes her life. Law, social convention, and economic necessity encircle her. She is roped in. Her pride depends on projecting her own satisfaction with her lot to family and friends. Her pride depends on believing that her husband is devoted to her and, when that is no longer possible, convincing others anyway.

      The husband's violence against her contradicts everything she has been taught about life, marriage, love, and the sanctity of the family. Regardless of the circumstances in which she grew up, she has been taught to believe in romantic love and the essential perfection of married life. Failure is personal. Individuals fail because of what is wrong with them. The troubles of individuals, pervasive as they are, do not reflect on the institution of marriage, nor do they negate her belief in the happy ending, promised everywhere as the final result of male-female conflict. Marriage is intrinsically good. Marriage is a woman's proper goal. Wife-beating is not on a woman's map of the world when she marries. It is, quite literally, beyond her imagination. Because she does not believe that it could have happened, that he could have done that to her, she cannot believe that it will happen again. He is herhusband. No, it did not happen. And when it happens again, she still denies it. It was an accident, a mistake. And when it happens again, she blames the hardships of his life outside the home. There he experiences terrible hurts and frustrations. These account for his mistreatment of her. She will find a way to comfort him, to make it up to him. And when it happens again, she blames herself. She will be better, kinder, quieter, more of whatever he likes, less of whatever he dislikes. And when it happens again, and when it happens again, and when it happens again, she learns that she has nowhere to go, no one to turn to, no one who will believe her, no one who will help her, no one who will protect her. If she leaves, she will return. She will leave and return and leave and return. She will find that her parents, doctor, the police, her best friend, the neighbors upstairs and across the hall and next door, all despise the woman who cannot keep her own house in order, her injuries hidden, her despair to herself, her smile amiable and convincing. She will find that society loves its central lie--that marriage means happiness--and hates the woman who stops telling it even to save her own life.

The memory of the physical pain is vague. I remember, of course, that I was hit, that I was kicked. I do not remember when or how often. It blurs. I remember him banging my head against the floor until I passed out. I remember being kicked in the stomach. I remember being hit over and over, the blows hitting different parts of my body as I tried to get away from him. I remember a terrible leg injury from a series of kicks. I remember crying and I remember screaming and I remember begging. I remember him punching me in the breasts. One can remember that one had horrible physical pain, but that memory does not bring the pain back to the body. Blessedly, the mind can remember these events without the body reliving them. If one survives without permanent injury, the physical pain dims, recedes, ends. It lets go.

      The fear does not let go. The fear is the eternal legacy. At first, the fear infuses every minute of every day. One does not sleep. One cannot bear to be alone. The fear is in the cavity of one's chest. It crawls like lice on one's skin. It makes the legs buckle, the heart race. It locks one's jaw. One's hands tremble. One's throat closes up. The fear makes one entirely desperate. Inside, one is always in upheaval, clinging to anyone who shows any kindness, cowering in the presence of any threat. As years pass, the fear recedes, but it does not let go. It never lets go. And when the mind remembers fear, it also relives it. The victim of encapsulating violence carries both the real fear and the memory of fear with her always. Together, they wash over her like an ocean, and if she does not learn to swim in that terrible sea, she goes under.

      And then, there is the fact that, during those weeks that stretch into years when one is a battered wife, one's mind is shattered slowly over time, splintered into a thousand pieces. The mind is slowly submerged in chaos and despair, buried broken and barely alive in an impenetrable tomb of isolation. This isolation is so absolute, so killing, so morbid, so malignant and devouring that there is nothing in one's life but it, it. One is entirely shrouded in a loneliness that no earthquake could move. Men have asked over the centuries a question that, in their hands, ironically becomes abstract: "What is reality?" They have written complicated volumes on this question. The woman who was a battered wife and has escaped knows the answer: reality is when something is happening to you and you know it and can say it and when you say it other people understand what you mean and believe you. That is reality, and the battered wife, imprisoned alone in a nightmare that is happening to her, has lost it and cannot find it anywhere.

      I remember the isolation as the worst anguish I have ever known. I remember the pure and consuming madness of being invisible and unreal, and every blow making me more invisible and more unreal, as the worst desperation I have ever known. I remember those who turned away, pretending not to see the injuries--my parents, dear god, especially my parents; my closest female friend, next door, herself suffocating in a marriage poisoned by psychic, not physical, violence; the doctor so officious and aloof; the women in the neighborhood who heard every scream; the men in the neighborhood who smiled, yes, lewdly, as they half looked away, half stared, whenever they saw me; my husband's family, especially my mother-in-law, whom I loved, my sisters-in-law, whom I loved. I remember the frozen muscles of my smile as I gave false explanations of injuries that no one wanted to hear anyway. I remember slavishly conforming to every external convention that would demonstrate that I was a "good wife," that would convince other people that I was happily married. And as the weight of social convention became insupportable, I remember withdrawing further and further into that open grave where so many women hide waiting to die--the house. I went out to shop only when I had to, I walked my dogs, I ran out screaming, looking for help and shelter when I had the strength to escape, with no money, often no coat, nothing but terror and tears. I met only averted eyes, cold stares, and the vulgar sexual aggression of lone, laughing men that sent me running home to a danger that was--at least familiar and familial. Home, mine as well as his. Home, the only place I had. Finally, everything inside crumbled. I gave up. I sat, I stared, I waited, passive and paralyzed, speaking to no one, minimally maintaining myself and my animals, as my husband stayed away for longer and longer periods of time, slamming in only to thrash and leave. No one misses the wife who disappears. No one investigates her disappearance. After awhile, people stop asking where she is, especially if they have already refused to face what has been happening to her. Wives, after all, belong in the home. Nothing outside it depends on them. This is a bitter lesson, and the battered wife learns it in the bitterest way.

The anger of the survivor is murderous. It is more dangerous to her than to the one who hurt her. She does not believe in murder, even to save herself. She does not believe in murder, even though it would be more merciful punishment than he deserves. She wants him dead but will not kill him. She never gives up wanting him dead.

      The clarity of the survivor is chilling. Once she breaks out of the prison of terror and violence in which she has been nearly destroyed, a process that takes years, it is very difficult to lie to her or to manipulate her. She sees through the social strategies that have controlled her as a woman, the sexual strategies that have reduced her to a shadow of her own native possibilities. She knows that her life depends on never being taken in by romantic illusion or sexual hallucination.

      The emotional severity of the survivor appears to others, even those closest to her, to be cold and unyielding, ruthless in its intensity. She knows too much about suffering to try to measure it when it is real, but she despises self-pity. She is self-protective, not out of arrogance, but because she has been ruined by her own fragility. Like Anya, the survivor of the Nazi concentration camps in Susan Fromberg Schaeffer's beautiful novel of the same name, she might say: "So what have I learned? I have learned not to believe in suffering. It is a form of death. If it is severe enough it is a poison; it kills the emotions." She knows that some of her own emotions have been killed and she distrusts those who are infatuated with suffering, as if it were a source of life, not death.

      In her heart she is a mourner for those who have not survived.

      In her soul she is a warrior for those who are now as she was then.

      In her life she is both celebrant and proof of women's capacity and will to survive, to become, to act, to change self and society. And each year she is stronger and there are more of her.

5.4.11

Flaws and Deficiencies in the Family Law

http://www.fassit..co.uk/flaws_deficiencies.htm

advocacy - a guy, too

Flaws and Deficiencies in the Family Law

Charles Pragnell

By Charles Pragnell

A recent two-day Conference of Family Court Judges was convened in Hong Kong to address the very serious defects and deficiencies in the current Family Laws around the world and the need for fundamental changes to be made. Family Court judges from Britain, Australia, Hong Kong, and New Zealand and several other countries attended.

Chief Justice Diane Bryant attended the conference to represent Australia and took the opportunity to highlight the successes of the Australian Family Law system and especially the pilot projects allowing children to have a more direct say in Family Court Proceedings and to diminish the adversarial nature of Family Court proceedings.

Unfortunately Justice Bryant did not also highlight the very many flaws in the Australian Family Law and its implementations in the Courts.

The law in Australia gives very little regard to the rights of children under the U.N. Convention and particularly the right to be safeguarded and protected from abuse and exploitation. As a consequence children have been forced into contact with fathers who have abused and even killed them. Very often such fathers have had a history of violence towards their wives and children, a record of drug and alcohol addiction, a criminal record, a serious mental illness or even convictions for child sex abuse. In a recent case in South Australia, the father was awarded residence despite of his children having been convicted and awaiting sentence. In too many cases this has been disregarded by judges who hold paramount the father’s rights to contact and to have a `meaningful relationship’ with the child, regardless of the quality of that relationship.  One Judge stated recently that if children refuse to leave their mothers and are distressed, they should be punished and forced to go.

Many children have disclosed being abused by their fathers or mothers' new partners. during contact, even when such contact was supervised. In some cases professionals such as teachers and doctors confirmed the abuse allegations and social workers found them to be substantiated. Nevertheless some Family Court judges allowed contact to continue after the abusers' lawyers claimed that the mother had `coached’ the child into making the allegations as part of `alienating’ the child from the father. This has been supported by `Hired Gun’ psychiatrists and psychologists acting as expert witnesses, often never having met the mother or child. False allegations have been found by researchers to be extremely rare yet are still accepted by Courts with no factual evidence to support the contention and the fanciful speculations and conjectures of these psychiatrists. A counter-allegation against the mother of Parental Alienation Syndrome has been successfully made by psychiatrists although this theory was rejected by the American scientific community, having been propounded by a practitioner (Charles I think he was a psychiatrist) whose self-published articles revealed sympathies with paedophiles.

If a mother refuses to allow contact, obstructs contact in any way, or fails to encourage and facilitate contact, then she can be severely punished by the Courts. Some mothers have been imprisoned for trying to protect their children from men where there was a proven history of violence. Most usually the child is removed from the mother's care and the accused abuser is granted residence of the child. When mothers have fled abroad to protect their children, the children have been seized by police, returned to Australia with strangers and placed in state care for several years while awaiting the Court's decision. Mothers who fled interstate were forced to return to face the retribution of the same Judges who made the original orders.

The needs, wishes and feelings of children can be completely disregarded when adherence to the law takes priority. Breast-feeding mothers have been forced into day-about and week-about `Shared Care’ arrangements and have had to express their milk to provide sufficient for the week the child spends with the father. Other small children have been forced into contact and residency with fathers that they have never known or seen and who have never taken an interest in their care until they are located by the CSA and are required to make maintenance payments. Shared care allows a considerable reduction in paternal maintenance payments and no payment is required at all if it is an equal shared care arrangement. There are over 120,000 children in Australia for whom there is no financial support from an absent parent, mainly fathers, and have to be financially supported by taxpayers.

It is rarely considered by Courts that children have other supports in the area where they live. Many have extended families and friends who take them to sports and recreation activities. These are extremely important elements in a child’s life and provide the security, stability, and consistency that children need. This is often the reason why children refuse to go to contact. Attending dance classes or a `Footy’ game can have far more appeal than a day with `Dad’ in a McDonald’s café.

It is obviously not in children’s best interests to be uprooted from their homes and neighbourhoods and relatives and made to go to live in the outback of North Queensland or Dubai in order to be near a parent and their work, solely to provide an opportunity for contact.

In these ways the law and the decisions of Courts are no less than discriminatory against children and an abuse of their rights.

Chief Justice Bryant and those currently conducting the reviews into the Family Law Act and the operations of the Courts may wish to ponder on some of these issues, as part of the fundamental reforms which are needed to the Family Law Act.

If children’s needs, wishes, and rights are not given paramountcy over father’s rights as specified in current legislation, then they will be condemning another generation of children to physical, sexual, and emotional abuse and even death as has been so frequently seen in the recent past.

Charles Pragnell

Diploma in Social Work and Letter of Recognition in Child Care Expert Witness – Child Protection and Social Care Consultant and

Child/Family Advocate.

31.3.11

RICHARD A. GARDNER: IN HIS OWN WORDS – THE FATHER OF “PARENTAL ALIENATION SYNDROME’

RICHARD A. GARDNER:
IN HIS OWN WORDS


"At the present time, the sexually abused child is generally considered to be the victim," though the child may initiate sexual encounters by 'seducing' the adult."

    Gardner, Richard A., Child Custody Litigation (1986), p.93

Sexualizing children can have procreative purposes, because a sexualized child is more likely to reproduce at an earlier age. "The younger the survival machine at the time sexual urges appear, the longer will be the span of procreative capacity, and the greater the likelihood the individual will create more survival machines in the next generation."

    Gardner, Richard A., True and False Accusations of Child Sex Abuse (1992), pp.24-25

"It is of interest that of all the ancient peoples it may very well be that the Jews were the only ones who were punitive toward pedophiles."

    Ibid. pp.46-47

Many child advocates are "charlatans, and/or psychopaths, and/or incompetents."

    Ibid. p.526

"It is extremely important for therapists to appreciate that the child who has been genuinely abused may not need psychotherapeutic intervention."

    Ibid. p.535

"There is a whole continuum that must be considered here, from those children who were coerced and who gained no pleasure (and might even be considered to have been raped) to those who enjoyed immensely (with orgastic responses) the sexual activities."

    Ibid. p.548

"Older children may be helped to appreciate that sexual encounters between an adult and a child are not universally considered to be reprehensible act. The child might be told about other societies in which such behavior was and is considered normal. The child might be helped to appreciate the wisdom of Shakespeare's Hamlet, who said, 'Nothing's either good or bad, but thinking makes it so.' In such discussions the child has to be helped to appreciate that we have in our society an exaggeratedly punitive and moralistic attitude about adult-child sexual encounters."

    Ibid. p.549

"If the mother has reacted to the abuse in a hysterical fashion, or used it as an excuse for a campaign of denigration of the father, then the therapist does well to try and 'sober her up'... Her hysterics... will contribute to the child's feeling that a heinous crime has been committed and will thereby lessen the likelihood of any kind of rapproachment with the father. One has to do everything possible to help her put the 'crime' in proper perspective. She has to be helped to appreciate that in most societies in the history of the world, such behavior was ubiquitous, and this is still the case."

    Ibid. p.584-585

"Mothers who have been sexually abused as children may have residual anger toward her molesting father or other sexual molester, and this may be interfering with her relationship with her husband. This should be explored in depth, and she should be helped to reduce such residual anger... Perhaps she can be helped to appreciate that in the history of the world his behavior has probably been more common than the restrained behavior of those who do not sexually abuse their children."

    Ibid. p.585

"It is likely that the mother has sexual problems... In many cases she herself was sexually molested as a child... She may never have achieved an orgasm -- in spite of the fact that she was sexually molested, in spite of the fact that she had many lovers, and in spite of the fact that she is now married. The therapist, then, does well to try to help her achieve such gratification. Verbal statements about the pleasures of orgastic response are not likely to prove very useful. One has to encourage experiences, under proper situations of relaxation, which will enable her to achieve the goal of orgastic response... Vibrators can be extremely useful in this regard, and one must try to overcome any inhibition she may have with regard to their use... her own diminished guilt over masturbation will make it easier for her to encourage the practice in her daughter, if this is warranted. And her increased sexuality may lessen the need for her husband to return to their daughter for sexual gratification."

    Ibid. pp.584-585

"If he [the molesting father] doesn't know this already, he has to be helped to appreciate that pedophilia has been considered the norm by the vast majority of individuals in the history of the world. He has to be helped to appreciate that, even today, it is a widespread and accepted practice among literally billions of people. He has to appreciate that in our Western society especially, we take a very punitive and moralistic attitude toward such inclinations... He has had a certain amount of back [sic] luck with regard to the place and time he was born with regard to social attitudes toward pedophilia. However, these are not reasons to condemn himself."

    Ibid. pp.593

"Of relevance here is the belief by many of these therapists that a sexual encounter between an adult and a child -- no matter how short, no matter how tender, loving, and non-painful -- automatically and predictably must be psychologically traumatic to the child... The determinant as to whether the experience will be traumatic is the social attitude toward these encounters."

    Ibid. pp.670-71

"I believe it is reasonable to say that at this time there are millions of people in the United States who are either directly accusing or supporting false sex-abuse accusations and/or are reacting in an extremely exaggerated fashion to situations in which bona fide sex abuse has occurred."

    Ibid. p.688

Mandated reporting of child abuse has resulted in the "reporting of the most frivolous and absurd accusations by two- and three-year-olds, vengeful former wives, hysterical mothers of nursery school children, and severely disturbed women against their elderly fathers."

    Gardner, Richard A., Issues in Child Abuse Accusations, 5(1), p.26

"We need well-publicized civil lawsuits against incompetent and/or overzealous psychologists, psychiatrists, social workers, child protection workers, 'child advocates,' police, and detectives whose ineptitude has promulgated a false accusation."

    Ibid. p.26


OTHER ARTICLES ON THIS SUBJECT:

LIZ RESPONDS TO RICHARD GARDNER
responding to criticisms of PAS theory

PAS: WHY THERE IS NO SUCH THING
by liz

RICHARD GARDNER: A SELF-MADE MAN
by Judith M. Simon

WHAT IS PARENTAL ALIENATION SYNDROME?
by John E. B. Meyers, Esq.

PAS: HAS PSYCHIATRY GONE PSYCHO?
and LETTER BY KAREN ANDERSON
by Kelly Patricia O'Meara

LIZNOTES TABLE OF CONTENTS

Father Accused of Family Torture, Murder Appears in Court

      SAN BERNARDINO (KTLA) -- A 35-year-old father accused of killing his teenage son and torturing his wife and four other children appeared in San Bernardino Superior Court Wednesday morning.

      35-year-old Ian Roderiquez was in court to confirm the appointment of his lawyer, Deputy Public Defender Celia Torres.

      Prosecutors also got a protective order to keep Roderiquez from having any contact with his family. They say he faces up to six life sentences if convicted.

      Roderiquez is currently behind bars and being held without bail.

      Check out our crossword, Sudoko and Jumble puzzles >>

      Meantime, gruesome new details have been released in the case.

      According to a police report, Roderiquez beat his wife and children repeatedly with a monkey wrench, forced them to walk on broken glass and threatened to set them on fire during the 11-hour ordeal.

      His eldest son, 16-year-old Richard was beaten so badly he died.

      The incident began at about 10 p.m. on March 22 at Roderiquez' home in the 6700 block Merito Avenue in the Del Rosa neighborhood of San Bernardino.

      According to police, Roderiquez accused his family of stealing his drugs and then proceeded to attack, beat and torture them for 11 hours.

      "He was a bad man to me," neighbor Jo Ann Castillo told KTLA. "I didn't like the way he looked, the way he treated his children, the way he spoke with them. He cursed at them. He denied them of things that we know children should have."

      Deputies responded to the home 9:15 a.m. Wednesday after receiving a 911 call from a neighbor reporting a man screaming for help inside the home.

      When deputies arrived, they found Richard laying on the garage floor, underneath a car seat, covered with blood.

      According to the report, Richard had numerous injuries including a possible broken lower leg, numerous cut and stab wounds all over his body and legs, blunt-force trauma to his left hand and multiple skull fractures.

      Roderiquez' four other children -- 13-year-old Jacob, 12-year-old Gabriel, 10-year-old Daniella and 8-year-old Yasmine were found inside the home.

      The children had all suffered blunt force trauma wounds and were taken to the hospital.

      The surviving children told detectives that their father had forced them to walk barefoot on broken glass. Daniella told them she refused to lay down in the glass, prompting her father to pour bleach on her and threaten to set her on fire.

      Roderiquez' wife, 35-year-old Sujal Roderiquez, suffered several stab wounds from a pair of scissors.

      Roderiquez was arrested on suspicion of murder, attempted murder, torture and child abuse, said Cindy Bachman, spokeswoman for the San Bernardino County Sheriff's Department.

      According to neighbors, the father was yelling and cursing in the street earlier in the day.

      One neighbor said that he yelled at the kids frequently.

      "He was a drinker, so he would get in his moods... everybody knew him always yelling at the kids and stuff," Sofia Symeou told KTLA.

      Symeou also said the kids showed signs of desperation.

      "They would go around asking for food from the neighbors, or money, and whenever we gave them something it was like Christmas to them."

      Two of the surviving children are now in protective custody.

      Roderiquez pleaded not guilty to one count of murder, one count of attempted murder, four counts of torture, and four counts of child abuse.

      Any one wishing to help the family can do so by sending a donation to the Memorial Funds for Richard and Family account at 1st Valley Credit Union, 402 2nd Street, San Bernardino, CA 92401.

    It's not angst over custody: fathers kill their children to punish their ex-partners.

    Men's murderous revenge

      Illustration: Spooner

      Illustration: Spooner

      It's not angst over custody: fathers kill their children to punish their ex-partners.

      Since Arthur Freeman was found guilty of murdering his four-year-old daughter, Darcey, much of the media focus has been on the distress of fathers going through separation and custody disputes. There has been a call for more support for fathers.

      However, we must ask ourselves whether we are losing sight of the victims and, more importantly, whether this is the best approach to preventing these deaths from occurring in the future.

      While the community understandably struggles to comprehend a parent killing a child, our research shows that these are not inexplicable tragedies. There is a particular type of filicide (the killing of children by parents) that occurs in the context of the separation of the parents.

      In these ''spousal revenge'' cases - as recognised by the Freeman jury - fathers kill their children to punish their ex-partners. There is usually no prior violence against the children. In fact, they appear to love their children. The act of killing is directed towards harming the child's mother. The motive is revenge.

      In the case of Freeman and Robert Farquharson (found guilty of three counts of murder of his sons Bailey, Tyler and Jai, aged two to 10, who drowned in a dam near Winchelsea), both fathers indicated that they wished to punish their ex-partner. Shortly before killing Darcey, Freeman told his ex-wife to say goodbye to her children and that she would never see them again - clearly to make her suffer. Farquharson told a friend that he would make his ex-wife suffer by taking what mattered to her most - her children.

      Contrary to some claims, these cases are not about fathers losing access to their children. The reality is that in both cases, the fathers had access to their children and, in both cases, killed them during it.

      There is no logic to the thinking that if a person is distressed about not spending enough time with their kids they would decide to kill them.

      If, however, they are consumed with anger and hatred towards their ex-partner and wish to hurt them, then it is, tragically, a very effective means to do so.

      The killing of the children in such cases should be recognised as a form of violence against the mother. We need to explore the relationship between the parents in order to understand the killing of children. In particular, the father's attitudes and behaviour towards the mother before, and after, separation must be examined. VicHealth has clearly identified the underlying causes of violence against women as including belief in rigid gender roles and a masculine sense of entitlement.

      What we really need to challenge is the sense of entitlement that some men have over their families, an entitlement that leads them to believe that their partner has no right to leave them and no right to form a new relationship, and that punishing her is justified because of the suffering they themselves experience.

      The current focus of commentary suggests that men are victims of the family law system. The mothers seem to be implicitly blamed for the distress their partners experienced when they left them.

      Let's be clear: the first and foremost victims here are the children whose lives are taken. The mothers, whose children have died in perhaps the worst way imaginable, are also the victims, as are remaining siblings and other family members. Darcey Freeman's mother, Peta Barnes, had expressed concerns about the safety of her children before Darcey's death. She also expressed concerns about Arthur Freeman's ''anger management issues'' and mood swings. It is important that such concerns are heard and responded to appropriately by a broad range of professionals coming into contact with separating parents, as well as by family and friends.

      The family law process must make children's safety its absolute priority. Importantly, the federal government has a family law bill before Parliament that prioritises the safety of children in family law matters.

      The Domestic Violence Resource Centre Victoriaacknowledges that separation and family breakdown can be incredibly difficult for parents. Parents should be assisted to deal with separation and encouraged to take responsibility for their behaviour. As a community, we need to focus on building positive and respectful relationships.

      We support the call for greater services and support. We ask that these services be equipped to identify and respond to risks to the safety and wellbeing of children and their parents. We need to ensure there is accurate and reliable screening and risk assessment for all forms of family violence. These cases demonstrate that the risk of harm to children is closely linked to risks of harm to the mother.

      Cases such as Freeman's have a profound impact on the community and we are right to search for answers. Unfortunately, there has been very little research on parents who kill their children in the past decade in Australia. If we are to find ways to prevent these deaths, we need a far better understanding of why and how they occur.

      28.3.11

      Arthur Freeman: Father is a cold blooded murderer of his 4 year old daughter Darcy Freeman whom was thrown from the west gate bridge to her death. video of the murder scene.

      251729-darcey-freeman-death250442-darcey-freeman-death

      Contains Video Footage of Arthur Freeman Murdering 4 year old Darcy throwing her off the bridge After being awarded shared parenting.

      Herald Sun

      Galleries: The death of Darcey Freeman http://www.heraldsun.com.au/news/photo-gallery/gallery-e6frf94x-1111120724397?page=20

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      impropriety? Learn the language….

      Hat tip to Sbry for this!

      There is a collaboration of differences within the court system itself. If a judge orders you to a specific person, i.e. psychologist, GAL, etc... it is presumed that this person has been before the judge; for the judge to determine their merits. In that example, the question of the judges opinion of that person is called upon. Why would a judge specifically ask for this person, and although he/she has been before the judge, what were the reasons for the judge to specifically require a person to see this specific person?I believe that the first instant this happens, the litigant has the right to know why, the very reason a judge chooses another person to come into any case.

      What exactly is it that the judge saw in this person? How long has this person been before this judge? Has there been any other functions that the judge and this person been to? Do they have the same circle of friends? How many cases has this judge ordered litigants to see this person? Does the judge have this persons direct number? Has the judge called this person? (In the last 3 months, 6 months, 9 months?) It is questionable when a judge orders anything out of the normal function and I figured when we have more to lose, that is when the judge gets nasty...that's when they require more, expect you to jump through hoops set on fire, when in all essence, they know you will not be able to.

      http://definitions.uslegal.com/d/deliberate-indifference/

      Deliberate indifference is the conscious or reckless disregard of the consequences of one's acts or omissions. It entails something more than negligence, but is satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.

      In law, the courts apply the deliberate indifference standard to determine if a professional has violated an inmate’s civil rights. Deliberate indifference occurs when a professional knows of and disregards an excessive risk to an inmate’s health or safety. Even though it is difficult to identify what does and does not constitute deliberate indifference, courts have recognized several factual scenarios where deliberate indifference exists. For example, intentionally refusing to respond to an inmate’s complaints has been acknowledged as constituting deliberate indifference. [Gutierrez v. Peters, 111 F.3d 1364, 1366 (7th Cir. Ill. 1997)]; Intentionally delaying medical care for a known injury (i.e. a broken wrist) has been held to constitute deliberate indifference. [Farmer v. Brennan, 511 U.S. 825 (U.S. 1994).]

      The following are examples of case law discussing deliberate indifference

      Prison employees who act with deliberate indifference to the inmates' safety violate the Eighth Amendment. But to be guilty of "deliberate indifference" they must know they are creating a substantial risk of bodily harm. If they place a prisoner in a cell that has a cobra, but they do not know that there is a cobra there (or even that there is a high probability that there is a cobra there), they are not guilty of deliberate indifference even if they should have known about the risk, that is, even if they were negligent--even grossly negligent or even reckless in the tort sense--in failing to know. But if they know that there is a cobra there or at least that there is a high probability of a cobra there, and do nothing, that is deliberate indifference.[Billman v. Indiana Dep't of Corrections, 56 F.3d 785, 788 (7th Cir. Ind. 1995)]

      Deliberate indifference is defined as “a failure to act where prison officials have knowledge of a substantial risk of serious harm to inmate health or safety.” Crayton v. Quarterman, 2009 U.S. Dist. LEXIS 103709 (N.D. Tex. Oct. 14, 2009)

      Deliberate indifference is defined as requiring (1) an "awareness of facts from which the inference could be drawn that a substantial risk of serious harm exists" and (2) the actual "drawing of the inference." Elliott v. Jones, 2009 U.S. Dist. LEXIS 91125 (N.D. Fla. Sept. 1, 2009).

      Learn the language........