Intimate Partner Violence Tracking Project Phase IV Highlights of Findings Summary Fact Sheet

Transcription

1 Intimate Partner Violence Tracking Project Phase IV Highlights of Findings Summary Fact Sheet

2 Intimate Partner Violence Tracking Project Phase IV Highlights of Findings Summary Fact Sheet Background ~ The Intimate Partner Violence Tracking Project (IPVTP), conducted by the Nova Scotia Department of Justice, is a unique project in Canada which tracks the progress of spousal/intimate partner violence cases through the criminal justice system. The project supports the Nova Scotia Framework for Action Against Family Violence and helps evaluate the Department s domestic violence initiatives. Please note the findings are not generalizable to all cases of domestic violence occurring in Nova Scotia. In this, its fourth phase, the project selected and tracked a sample of cases of intimate partner violence that were reported to police in Nova Scotia in Methodology ~ A random sample of 1,200 incidents was selected for follow- up with Police, Courts, Crown, Community Corrections and Victim Services. What follows is a high- level summary of findings from each of these justice sectors in relation to the sample of incidents. Findings from Police Police response ~ The largest proportion (30%) of domestic violence (DV) incidents occurred between 7 p.m. and midnight. A police unit was dispatched to the scene in the large majority (87%) of incidents. In those cases where a police unit was not dispatched, the most common reasons were that the complainant came directly to the police detachment to report the incident or that the incident was a non- emergency (e.g., if there was a time lag between when the incident occurred and when it was reported). In one- quarter of cases, the police unit arrived at the scene within five minutes of the incident being reported. Police units arrived at the scene within 20 minutes in close to three- quarters (73%) of incidents. Victims and Suspects ~ In 8 out of 10 incidents (81%), the victim was female while males comprised 82% of suspects. The average age of victims was 33 years and suspects were 35 years old. The majority of incidents (51%) involved current and former dating partners while current and former common- law partners comprised 25% of incidents and current and former married couples comprised 23% of incidents. Same- sex partners comprised 1% of incidents. In 318 cases there was a known history of domestic violence involving the same two partners 1 Domestic Violence Fact Sheet Series Intimate Partner Violence Tracking Project

3 Figure 1 Nature of incident ~ By far, the most common type of offence reported was physical assault, comprising 7 out of 10 cases, followed by uttering threats (22%). Property offences comprised 5% of incidents (Fig 1). N=788 Note: Multiple response item. Findings do not total 100%. Children present ~ In 195 incidents, there were children aged 16 years and under present in the home at the time the violence occurred. In total, 311 children were present at the time of the incident. In incidents where children were present, it was more common that there was only one child (62%), that the child was male (87%) and that they were under 12 years of age (81%). Substance use by suspects and victims ~ Fifty- five per cent of suspects and more than one- quarter (26%) of victims were known to be under the influence of alcohol and/or drugs at the time the incident occurred. Force and Weapons ~ Physical force and/or a weapon were used in 7 out of 10 incidents. In the large majority of these cases, physical force alone was used. Approximately 8% of cases (62) involved the use of a weapon. Common household items such as tools or dishes were used as weapons most often, followed by knives. Only one case involved the use of a firearm. Figure 2 Injuries sustained ~ Victims were five times more likely than suspects to sustain an injury as a result of the violent incident. Overall, 59% of victims sustained an injury compared to 12% of suspects (Fig 2). N (victims) = 515; N (suspects) = 472 Furthermore, victims were more likely to sustain an injury in cases where the suspect had been consuming alcohol and/or drugs (64% versus 52%). Domestic Violence Fact Sheet Series Intimate Partner Violence Tracking Project 2

4 Arrests and Charges ~ Police arrested the suspect in three- quarters (74%) of incidents and laid charges against the suspect in 72% of incidents, overall. The most common charge laid by police was for physical assault (83%), followed by uttering threats (26%) and failing to comply with conditions of an undertaking or recognizance (20%). There were a total of 222 incidents where police did not lay charges against the suspect. The top reasons provided by police for not laying charges were that there was insufficient evidence (98 cases) and that the victim was uncooperative (80 cases). Findings from Courts Cases where charges were laid were followed- up via the Justice Enterprise Information Network (JEIN) to determine court case processing times, outcomes of the charges, and sanctions imposed. A total of 1,308 charges were brought before the court, averaging 2.4 charges per case. The breakdown of charges by type was very similar to what was seen in the police component of this project with charges for physical assault being laid in court in more than 8 out of 10 cases. Court case processing times ~ On average, it took 214 days from the accused s first appearance in court until a final outcome was determined. The median case processing time was 162 days. There was an average of 4.7 court appearances for these DV cases. Case outcomes ~ There was a finding of guilt in 56% of DV cases in the sample. Charges were withdrawn/dismissed/stayed in 40% of cases (Table 1). Table 1 Case Outcomes for sample of DV cases Case Disposition Number of cases Percent Convicted (sentenced) % Dismissed/Withdrawn/Stayed % Acquitted 21 4% Other 4 1% Note that figures in this table exclude bench warrants and peace bonds. Sentencing ~ Among the 300 cases where there was a finding of guilt, the most common type of sentence imposed, by far, was probation. Either by itself or in combination with another sentence, a term of probation was imposed in 87% of guilty cases. A term of custody was imposed in one- quarter (25%) of cases, while a conditional sentence was imposed in 12%. 3 Domestic Violence Fact Sheet Series Intimate Partner Violence Tracking Project

5 As can be seen in Table 2, the average length of probation was 14 months and the average custodial sentence length (straight time) was 7 months. Fines, imposed in 27 cases, averaged $444. Table 2 Average and median sentence lengths for sample of DV cases Type of Sentence Range Average Median Probation (N=262) 1 to 36 months 14 months 12 months Custody straight time (N=61) 1 day to 14 years 7 months 1 month Custody intermittent time (N=15) 10 to 90 days 52 days 45 days Conditional Sentence (N=35) 1 to 18 months 6 months 6 months Community Service (N=16) 10 to 75 hours 38 hours 40 hours Fine (N=27) $100 to $1,650 $444 $400 Restitution (N=8) $75 to $1,906 $508 $320 There were many different conditions of probation imposed on offenders. The most common included: Having no contact with the victim 59% Attending assessment and counseling 48% Abstaining from alcohol/drug use 42% Anger management 42% Spousal abuse program 35% Domestic Violence Fact Sheet Series Intimate Partner Violence Tracking Project 4

6 Findings from Crown Close to two- thirds (63%) of suspects who were initially held by police after arrest were subsequently granted interim release by the court. There was some kind of condition imposed in 98% of cases where the interim release of the accused was granted. The most common type of condition imposed was that the accused have no contact with the victim. Forty per cent of the DV cases in the sample were dismissed, withdrawn or stayed. The top reasons provided by the Crown for why prosecutions were discontinued in these DV cases were insufficient evidence (32%) and that the victim failed to appear in court (30%) (Fig 3). Figure 3 N=210 Note: Multiple response item. Findings do not total 100%. Findings from Community Corrections Pre- sentence reports were completed in all cases where they were requested, which equates to 4 out of 10 or 39% of the cases. Risk assessments were completed prior to sentencing in 97% of cases where a pre- sentence report had been done. The victim was interviewed prior to sentencing in 75% of cases where a pre- sentence report had been completed. Figure 4 In the vast majority of cases (95%) offenders probation/conditional sentence conditions included a referral for assessment or follow- up. The most common type of referral was for substance abuse programs (43%) and men s intervention programs (42%). Services were provided to offenders in 86% of cases. The most common type of services provided to offenders was for men s intervention programs (54%) and substance abuse programs (42%) (Fig 4). Note: Multiple response item. Findings do not total 100%. N=187 N=207 5 Domestic Violence Fact Sheet Series Intimate Partner Violence Tracking Project

7 Findings from Victim Services The Department of Justice s Victim Services Program offers a number of services to help victims of crime better understand the justice system and supports victims as their case proceeds through the system. Victims in the vast majority of DV cases in the sample (91%) were contacted directly by Victim Services staff. Virtually all (99%) victims referred to Victim Services were offered at least one type of service (Fig 5). Figure 5 N=506 Note: Multiple response item. Findings do not total 100%. Please note that analyses throughout this report exclude unknown responses and missing data. Prepared by Nova Scotia Department of Justice, Policy, Planning & Research, Domestic Violence Fact Sheet Series Intimate Partner Violence Tracking Project 6

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