Legislature(2011 - 2012)BUTROVICH 205

01/24/2011 01:30 PM Senate JUDICIARY


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01:31:20 PM Start
01:32:32 PM Alaska Victimization Survey
02:41:29 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Joint w/Senate Health & Social Services TELECONFERENCED
Presentation: 2010 Alaska Victimization Survey
Andre Rosay, Director, UAA Center for Justice
Lauree Morton, Interim Director, Council on
Domestic Violence and Sexual Assault
                                                                                                                              
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                        January 24, 2011                                                                                        
                           1:31 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE JUDICIARY STANDING COMMITTEE                                                                                             
                                                                                                                                
 Senator Hollis French, Chair                                                                                                   
 Senator Bill Wielechowski, Vice Chair                                                                                          
 Senator Joe Paskvan                                                                                                            
 Senator John Coghill                                                                                                           
                                                                                                                                
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                            
                                                                                                                                
 Senator Bettye Davis, Chair                                                                                                    
 Senator Dennis Egan                                                                                                            
 Senator Johnny Ellis                                                                                                           
 Senator Kevin Meyer                                                                                                            
 Senator Fred Dyson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE JUDICIARY STANDING COMMITTEE                                                                                             
                                                                                                                                
 Senator Lesil McGuire                                                                                                          
                                                                                                                                
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                            
                                                                                                                                
 All members present                                                                                                            
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
 Representative Bob Miller                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
ALASKA VICTIMIZATION SURVEY                                                                                                     
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LAUREE MORTON, Interim Director                                                                                                 
Council on Domestic Violence and Sexual Assault                                                                                 
Juneau, AK                                                                                                                      
POSITION  STATEMENT:   Delivered the  presentation of  the Alaska                                                             
Victimization Survey.                                                                                                           
                                                                                                                                
ANDRE ROSAY, Ph.D., Director                                                                                                    
Justice Center                                                                                                                  
University of Alaska Anchorage (UAA)                                                                                            
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Delivered the  presentation of  the Alaska                                                             
Victimization Survey.                                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:31:20 PM                                                                                                                    
                                                                                                                                
CHAIR  HOLLIS  FRENCH called  the  joint  meeting of  the  Senate                                                             
Judiciary  Standing Committee  and the  Senate Health  and Social                                                               
Services Standing Committee to order  at 1:31 p.m. Present at the                                                               
call to  order were Senators Paskvan,  Wielechowski, Coghill, and                                                               
French from the Judiciary Standing  Committee and Senators Dyson,                                                               
Meyer, Ellis, Egan and Davis  from the Health and Social Services                                                               
Standing Committee.                                                                                                             
                                                                                                                                
                  ^Alaska Victimization Survey                                                                              
                                                                                                                              
1:32:32 PM                                                                                                                    
CHAIR  FRENCH announced  that the  business before  the committee                                                               
would be  to hear from  Lauree Morton  and Andre Rosay  who would                                                               
present  the findings  from the  Alaska Victimization  Survey. He                                                               
noted  that in  2009  the Judiciary  Committee  heard a  day-long                                                               
presentation  on  sexual  assault  and  subsequently  recommended                                                               
completing a victimization survey.                                                                                              
                                                                                                                                
1:33:13 PM                                                                                                                    
LAUREE  MORTON, Interim  Director, Council  on Domestic  Violence                                                               
and  Sexual  Assault,  thanked  the  committee  for  hearing  the                                                               
results of  the 2010  Victimization Survey,  particularly because                                                               
they are difficult statistics and  stories. She said she applauds                                                               
the committee's efforts  to work with CDVSA to  help end domestic                                                               
violence and sexual assault in Alaska.                                                                                          
                                                                                                                                
1:34:12 PM                                                                                                                    
ANDRE  ROSAY,  Ph.D.,  Director, Justice  Center,  University  of                                                               
Alaska Anchorage  (UAA), thanked  Marny Rivera, Darryl  Wood, and                                                               
Brad Myrstol for their collaboration  on the project. In summary,                                                               
he  said, the  presentation would  include recent  statistics for                                                               
forcible  rape   from  the  Uniform  Crime   Reports  (UCR);  the                                                               
recommendation  for  a  victimization   survey  that  the  Senate                                                               
Judiciary  Committee made  in  2009, key  results  from the  FY10                                                               
Alaska  Victimization   Survey;  and  the  Council   on  Domestic                                                               
Violence and Sexual Assault plans for FY11 and FY12.                                                                            
                                                                                                                                
1:35:01 PM                                                                                                                    
MR. ROSAY  informed the members  that the UCR  statistics reflect                                                               
information that  law enforcement  agencies throughout  the state                                                               
submit  to the  Department  of Public  Safety  (DPS) on  forcible                                                               
rape,  which is  defined as  "the  carnal knowledge  of a  female                                                               
forcibly  and against  her  will definition."  He  noted that  an                                                               
important  limitation to  the UCR  statistics is  that they  only                                                               
include forcible rapes that are reported to law enforcement.                                                                    
                                                                                                                                
SENATOR DYSON asked if they preclude forcible rape of males.                                                                    
                                                                                                                                
MR.  ROSAY said  that's  correct;  the UCRs  define  a victim  as                                                               
female only.                                                                                                                    
                                                                                                                                
Additional limitations to UCR data include the following:                                                                       
   · Not all police agencies participate in the UCR program                                                                     
   · UCR statistics exclude:                                                                                                    
        · Statutory rapes                                                                                                       
        · Rapes against incapacitated victims                                                                                   
        · Rapes with male victims                                                                                               
        · Other sex offenses, such as online enticement of                                                                      
          minors                                                                                                                
        · Rapes committed with more serious offenses, such                                                                      
          as homicide                                                                                                           
                                                                                                                                
Nonetheless,  Mr.   Rosay  said,  these  statistics   do  provide                                                               
longitudinal  data  for  assessing  the  rate  of  forcible  rape                                                               
reported to law enforcement over time and across jurisdictions.                                                                 
                                                                                                                                
1:36:47 PM                                                                                                                    
CHAIR  FRENCH recognized  that Representative  Miller had  joined                                                               
the committee.                                                                                                                  
                                                                                                                                
MR. ROSAY  displayed a  line graph of  UCR statistics  from 1996-                                                               
2009 for  the rate of  forcible rape reported to  law enforcement                                                               
for  the U.S.,  Alaska, Anchorage,  and Fairbanks.  From 1996  to                                                               
2007 the  rates in  Alaska and  Anchorage have  been persistently                                                               
higher than in  the U.S. The Fairbanks data, which  has only been                                                               
collected since 2003,  shows rates that were even  higher than in                                                               
either Anchorage or all of  Alaska. All 4 rates declined slightly                                                               
in  2008. In  2009  the  U.S. rate  continued  to drop  slightly,                                                               
whereas  there  was  an  increase  in  the  rates  in  Anchorage,                                                               
Fairbanks and Alaska as a whole.                                                                                                
                                                                                                                                
1:38:32 PM                                                                                                                    
SENATOR  DYSON questioned  why the  significant rate  increase in                                                               
Fairbanks in  2006 wasn't reflected  in the Alaska rate  for that                                                               
year.                                                                                                                           
                                                                                                                                
MR.  ROSAY surmised  that there  was a  decline elsewhere  in the                                                               
state.                                                                                                                          
                                                                                                                                
SENATOR PASKVAN  asked if there's  been an analysis  to determine                                                               
why the Fairbanks rate is so much higher than the Alaska rate.                                                                  
                                                                                                                                
MR. ROSAY  replied that hasn't been  done, but he would  touch on                                                               
why  some of  these  rates  change over  time.  Ms. Morton  would                                                               
discuss  the surveys  that are  planned for  Fairbanks that  will                                                               
help determine why those rates are higher.                                                                                      
                                                                                                                                
SENATOR PASKVAN  asked if  he has any  thoughts about  the higher                                                               
rates even if they aren't supported by a study.                                                                                 
                                                                                                                                
MR.  ROSAY declined  to speculate,  but said  it's reasonable  to                                                               
conclude   that  it's   because  the   victimization  rates   are                                                               
significantly  higher in  the Fairbanks  North  Star Borough.  He                                                               
added that they  hope to have a specific answer  to that question                                                               
within a year.                                                                                                                  
                                                                                                                                
1:40:08 PM                                                                                                                    
SENATOR  EGAN asked  if the  higher  rate is  only for  Fairbanks                                                               
rather than the Interior.                                                                                                       
                                                                                                                                
MR. ROSAY  confirmed that the rate  is for the city  of Fairbanks                                                               
only.                                                                                                                           
                                                                                                                                
SENATOR  COGHILL asked  if the  date is  from police  and service                                                               
organization reports.                                                                                                           
                                                                                                                                
MR. ROSAY  clarified that  the UCR  statistics only  include data                                                               
that  were reported  to law  enforcement. Thus,  unreported cases                                                               
are not included in the graph.                                                                                                  
                                                                                                                                
1:40:53 PM                                                                                                                    
MR. ROSAY  displayed a  slide summarizing  the UCR  forcible rape                                                               
statistics  for  2007 to  2008  and  2008  to  2009 in  the  four                                                               
jurisdictions. In  2007 to 2008 there  was a decline in  the rate                                                               
of   forcible   rape  reported   to   law   enforcement  in   all                                                               
jurisdictions,  but in  2008 to  2009  there was  an increase  in                                                               
Alaska, Anchorage, and Fairbanks. In  2009 the Anchorage rate was                                                               
the highest it had been since 1996.                                                                                             
                                                                                                                                
MR.  ROSAY highlighted  that an  important limitation  with these                                                               
data  is that  it's  impossible  to know  if  the  high rates  in                                                               
Fairbanks  are   due  to   higher  victimization   rates,  higher                                                               
reporting  rates,  or  both.  He   said  he  believes  that  this                                                               
limitation  was the  impetus for  the Senate  Judiciary Committee                                                               
recommending  a victimization  survey, to  look at  both offenses                                                               
that are  reported to law  enforcement and offenses that  are not                                                               
reported.                                                                                                                       
                                                                                                                                
1:42:07 PM                                                                                                                    
CHAIR FRENCH confirmed  that for a long time it's  been know that                                                               
the reported rate  of rape in Alaska is far  higher than in other                                                               
states,  but  the underlying  question  is  whether it's  because                                                               
there's a higher rate of  reporting or because there's actually a                                                               
higher rate  of rape in the  Alaska population than in  any other                                                               
state.  It's  not possible  to  answer  that question  without  a                                                               
victimization survey, he said.                                                                                                  
                                                                                                                                
MR. ROSAY referred  to the UCR forcible rape  statistics for 1996                                                               
to 2009 for  the four jurisdictions and emphasized  that it's not                                                               
possible  to   know  if  things   in  Fairbanks  are   better  or                                                               
significantly worse,  but they expect  to be able to  answer that                                                               
question following the FY11 surveys.                                                                                            
                                                                                                                                
1:43:18 PM                                                                                                                    
MR.  ROSAY  displayed  pie  graphs  showing  the  composition  of                                                               
violent  crime in  the U.S.  and Alaska  for 2009.  Violent crime                                                               
includes  murder,  non-negligent   manslaughter,  forcible  rape,                                                               
robbery, and aggravated assault. This  UCR data indicates that 12                                                               
percent of the violent crime  that is reported to law enforcement                                                               
in Alaska is  attributable to forcible rape,  whereas that number                                                               
is 7 percent in the entire U.S.                                                                                                 
                                                                                                                                
MR. ROSAY  suggested that Ms.  Morton discuss  the recommendation                                                               
for  the  victimization  survey   and  the  Council  on  Domestic                                                               
Violence  and  Sexual  Assault   before  he  reviews  the  survey                                                               
results.                                                                                                                        
                                                                                                                                
1:44:15 PM                                                                                                                    
SENATOR  PASKVAN asked  if  the  rates for  Alaska  and the  U.S.                                                               
include data on average ages.                                                                                                   
                                                                                                                                
MR. ROSAY  pointed out that the  Alaska rate is, on  average, two                                                               
times higher  than the U.S.  rate and  the Fairbanks rate  is, on                                                               
average, five times higher than the  U.S. and so he believes that                                                               
there has  to be some  bigger difference than age  composition to                                                               
account for the large difference in rates.                                                                                      
                                                                                                                                
1:45:39 PM                                                                                                                    
MS. MORTON recapped the 2009  Senate Judiciary Committee's review                                                               
of sexual  assault statistics and  some strategies to  reduce the                                                               
rates  including  the  recommendation  to  fund  a  victimization                                                               
survey. Money to do that was  included in the Council's budget in                                                               
2010.                                                                                                                           
                                                                                                                                
MS. MORTON  informed the committees that  the nine-member Council                                                               
on  Domestic Violence  and Sexual  Assault is  housed within  the                                                               
Department of  Public Safety (DPS).  Five commissioners  or their                                                               
designees   from  the   departments   of   Public  Safety,   Law,                                                               
Corrections, Health and Social Services,  and Education and Early                                                               
Development  sit   on  the  Council.  Four   public  members  are                                                               
appointed by the governor and one of those is a rural seat.                                                                     
                                                                                                                                
The Council on Domestic Violence  and Sexual Assault has a vision                                                               
that Alaska will  be free from domestic and  sexual violence. Its                                                               
mission is  to provide safety  to Alaskans who are  victimized or                                                               
impacted  by  domestic  violence  and sexual  assault  through  a                                                               
system    of   statewide    crisis   intervention,    perpetrator                                                               
accountability and prevention services.                                                                                         
                                                                                                                                
1:47:19 PM                                                                                                                    
MR.   ROSAY   continued  to   explain   that   the  2010   Alaska                                                               
Victimization  Survey   was  developed  with  funding   from  the                                                               
Council. The  survey was  designed to  establish a  baseline that                                                               
would  provide  statewide  estimates  for  intimate  partner  and                                                               
sexual  violence. He  noted that  a limitation  of the  survey is                                                               
that  it  provides  just one  statewide  estimate,  but  regional                                                               
estimates will be provided very soon.                                                                                           
                                                                                                                                
This survey was  modeled after the National  Intimate Partner and                                                               
Sexual  Violence  Surveillance  System (NIPSVSS),  which  is  the                                                               
state of the art in  measuring violence against women. The survey                                                               
was  developed  by  the  Center  for  Disease  Control  (CDC)  in                                                               
cooperation with the National Institute  of Justice (NIJ) and the                                                               
U.S. Department of  Defense (DoD). The UAA  Justice Center relied                                                               
on the NIPSVSS survey to ensure  that the Alaska results would be                                                               
directly  comparable  to  the  results  from  other  states.  RTI                                                               
administered  the  survey  by randomly  calling  people  on  both                                                               
landlines and cell phones.  During development and implementation                                                               
of the survey, the primary  goal was to maximize the respondents'                                                               
safety and confidentiality.                                                                                                     
                                                                                                                                
1:49:11 PM                                                                                                                    
MR. ROSAY referenced the handout  that includes information about                                                               
the  specific  questions  that  were  used  in  the  survey.  The                                                               
surveyors  first asked  respondents  about  their general  health                                                               
followed by questions about  psychological aggression and control                                                               
and  slowly  moved to  ask  about  sexual violence  and  intimate                                                               
partner violence. They moved slowly  to allow time to establish a                                                               
rapport  with  the  respondents  so that  they  would  feel  more                                                               
comfortable  when  answering  the  more  difficult  questions  on                                                               
sexual violence.                                                                                                                
                                                                                                                                
MR. ROSAY  explained that the  survey uses  behaviorally specific                                                               
questions  and   avoids  terms  like  "rape,"   "sexual  assault,                                                               
"domestic  violence," or  "victim" because  these are  words that                                                               
the respondents  must define. Instead, the  surveyors asked about                                                               
behaviors  like   whether  they   have  vaginal  sex   and,  when                                                               
necessary, an  explanation of what  that means was  provided. For                                                               
example, "by  vaginal sex, we  mean that a man  or a boy  put his                                                               
penis in your  vagina." While the survey is graphic,  the data is                                                               
far better  when behaviorally specific questions  are used rather                                                               
than  asking  individuals if  they've  been  a victim  of  sexual                                                               
assault, he said.                                                                                                               
                                                                                                                                
MR. ROSAY  continued to explain  that the survey is  also careful                                                               
to attribute  the behaviors  to the  perpetrators rather  than to                                                               
the respondents.  For example, the  respondents are not  asked if                                                               
they had vaginal sex with  others. Instead, respondents are asked                                                               
if  others  had  vaginal  sex with  them.  This  is  particularly                                                               
important,  he said,  when looking  at  alcohol or  drug-involved                                                               
sexual assault because  it puts less blame on  the respondent and                                                               
the data is better when these types of questions are used.                                                                      
                                                                                                                                
MR. ROSAY  relayed that respondents  generally were  thankful for                                                               
the survey  just as  they are  with other  victimization surveys.                                                               
Prior research  indicates that  respondents don't  mind answering                                                               
these  difficult  questions  and  understand  the  value  of  the                                                               
survey.  In fact,  94 percent  of the  respondents completed  the                                                               
entire 25 minute survey.                                                                                                        
                                                                                                                                
1:52:21 PM                                                                                                                    
MR.  ROSAY  said that  the  survey  respondents were  limited  to                                                               
English-speaking  adult women  residing  in a  household with  at                                                               
least 1 land  or cell phone. In  May and June of  2010, 871 adult                                                               
women  throughout  Alaska  were surveyed.  The  sample,  overall,                                                               
provides an excellent representation  of the Alaska population of                                                               
women, he  said. Nonetheless, there  were some  minor differences                                                               
between the  sample and the  larger population. Because  of this,                                                               
they used  sample weight to control  for selection, non-response,                                                               
and coverage.  The results, he  explained, that were  included in                                                               
the presentation are the weighted results.                                                                                      
                                                                                                                                
In order  to protect the  confidentiality of the  respondents, he                                                               
said, he  did not  want to  give out to  much information  on the                                                               
survey respondents; but  he could share a small  amount about who                                                               
they are. On  average respondents were 46 years  old, they ranged                                                               
from  18  years  of  age  to  over  80.  Seventy-two  percent  of                                                               
respondents were  White, 15 percent  Alaska Native and  5 percent                                                               
Hispanic.  If  these  statistics   are  compared  to  the  Alaska                                                               
population  they match  that extremely  well. About  half of  the                                                               
respondents were currently married at  the time of the survey, 35                                                               
percent  had  a  high  school  degree or  less,  and  56  percent                                                               
reported a  household income of  less than $50,000 per  year. The                                                               
sample  is geographically  representative;  the respondents  came                                                               
from  throughout the  state  of Alaska.  However,  because it  is                                                               
geographically   representative  it   also  means   that  it   is                                                               
geographically  concentrated   in  the   Anchorage  municipality,                                                               
Fairbanks North Star Borough, and the Mat-Su Borough.                                                                           
                                                                                                                                
1:54:33 PM                                                                                                                    
CHAIR FRENCH  asked if they were  able to get an  adequate sample                                                               
from Western  Alaska, an  area of  particular concern  for sexual                                                               
assault.                                                                                                                        
                                                                                                                                
MR.  ROSAY  said   no  because  the  key  goal   for  this  first                                                               
victimization survey  was to provide  one statewide  estimate. As                                                               
they move  forward they will  produce regional estimates,  but at                                                               
this point they only have this one statewide estimate.                                                                          
                                                                                                                                
CHAIR FRENCH  asked if  they did get  samples and  responses from                                                               
Western Alaska, but not to a  degree that allows them to draw any                                                               
specific conclusions about that area.                                                                                           
                                                                                                                                
MR. ROSAY  answered yes. There  were too few respondents  and the                                                               
margins of error would be very large.                                                                                           
                                                                                                                                
1:55:27 PM                                                                                                                    
He  continued  with the  results  of  the survey  beginning  with                                                               
intimate  partner violence.  He explained  that intimate  partner                                                               
violence includes two measures:                                                                                                 
   · Threats of physical violence                                                                                               
   · Physical violence                                                                                                          
                                                                                                                                
Both of  these measures were  limited to intimate  partners only,                                                               
defined  as romantic  or sexual  partners. He  said that  both of                                                               
these  measures  were  then combined  into  a  single  composite,                                                               
called "intimate  partner violence."  He said  he would  show the                                                               
committee  the three  separate statistics:  one for  threats, one                                                               
for  physical violence,  and one  for a  composite that  includes                                                               
threats and physical violence.                                                                                                  
                                                                                                                                
He  said in  order to  measure  threats of  physical violence  by                                                               
intimate partners they asked:                                                                                                   
   · Have your romantic or sexual partners made threats to                                                                      
     physically harm you?                                                                                                       
                                                                                                                                
In order to  measure physical violence by  intimate partners they                                                               
asked:                                                                                                                          
   · Have your romantic or sexual partners:                                                                                     
     - Slapped you?                                                                                                             
     - Pushed or shoved you?                                                                                                    
     - Hit you with a fist or something hard?                                                                                   
     - Kicked you?                                                                                                              
     - Hurt you by pulling your hair?                                                                                           
     - Slammed you against something?                                                                                           
     - Tried to hurt you by choking or suffocating you?                                                                         
     - Beaten you?                                                                                                              
     - Burned you on purpose?                                                                                                   
     - Used a knife or gun on you?                                                                                              
                                                                                                                                
He reiterated  that they  used behaviorally  specific indicators,                                                               
rather than asking them directly  if the respondents were victims                                                               
of domestic violence.                                                                                                           
                                                                                                                                
1:56:24 PM                                                                                                                    
MR.  ROSAY continued  by presenting  the result  of the  lifetime                                                               
estimate: 47.6 percent of adult  women in Alaska have experienced                                                               
intimate  partner violence  in their  lifetime.  This equates  to                                                               
117,685  adult women.  In many  respects,  these numbers  confirm                                                               
what  they  already suspected.  However,  now  they are  able  to                                                               
specifically tell the committee the magnitude of the problem.                                                                   
                                                                                                                                
1:57:58 PM                                                                                                                    
CHAIR FRENCH asked how that number compares to the Lower 48.                                                                    
                                                                                                                                
MR. ROSAY  answered that  that information  is not  yet available                                                               
but those  results should  be available soon.  At that  time they                                                               
will be  able to  make direct comparison  between Alaska  and the                                                               
Lower 48.                                                                                                                       
                                                                                                                                
MR.  ROSAY continued  to explain  that intimate  partner violence                                                               
includes both threats and physical  violence. They estimated that                                                               
31  percent of  adult  women have  experienced  threats in  their                                                               
lifetime  and  44.8  percent  of  adult  women  have  experienced                                                               
physical  violence  in their  lifetime.  This  equates to  76,644                                                               
adult women  who have experienced  threats in their  lifetime and                                                               
110,763  adult women  who have  experience  physical violence  in                                                               
their lifetime.                                                                                                                 
                                                                                                                                
1:59:24 PM                                                                                                                    
SENATOR COGHILL  asked if the  threats and the  physical violence                                                               
are totally separate or if the 110,000 also include the threats.                                                                
                                                                                                                                
MR.  ROSAY  answered  that   many  respondents  experienced  both                                                               
threats and  physical violence. Those  who experienced  both were                                                               
counted  once  under  the   composite  labeled  Intimate  Partner                                                               
Violence,  but they  were counted  separately  under threats  and                                                               
physical  violence.   This means  that these  are, unfortunately,                                                               
not mutually exclusive categories.                                                                                              
                                                                                                                                
2:00:11 PM                                                                                                                    
MR. ROSAY  said that they estimated  that almost 10 percent  or 1                                                               
in 10  adult women  in Alaska  have experienced  intimate partner                                                               
violence in the  past year. In regard to  threats, they estimated                                                               
that  six  percent of  adult  women  had experienced  threats  of                                                               
physical  violence in  the past  year  and almost  9 percent  had                                                               
experienced  physical violence  in the  past year.  He reiterated                                                               
that some  women experienced both  threats and  physical violence                                                               
in the past year.                                                                                                               
                                                                                                                                
He said  they estimated that 23,240  adult women in the  state of                                                               
Alaska experienced intimate partner violence in the past year.                                                                  
                                                                                                                                
2:01:03 PM                                                                                                                    
SENATOR   DYSON  asked   if  the   survey  asked   about  alcohol                                                               
involvement in either the sexual threats or sexual violence.                                                                    
                                                                                                                                
MR.  ROSAY   replied  not  in   the  intimate   partner  violence                                                               
questions, but  they did ask  about alcohol and  drug involvement                                                               
in  the sexual  violence questions.  He said  that the  survey is                                                               
currently  25 minutes  and the  national survey  is significantly                                                               
longer.  He explained  that they  made the  decision to  keep the                                                               
survey under  25 minutes  so they  had to  cut out  a lot  of the                                                               
material in order to keep it within this time frame.                                                                            
                                                                                                                                
2:02:01 PM                                                                                                                    
MR.  ROSAY continued  with the  sexual  violence definitions  and                                                               
estimates. These definitions included two measures:                                                                             
   · Alcohol or drug involved sexual assault                                                                                    
   · Forcible sexual assault                                                                                                    
                                                                                                                                
He explained  that contrary to  previous measures, these  are not                                                               
limited to  intimate partners. The  measures are now  combined to                                                               
create a single "sexual violence"  composite, which includes both                                                               
alcohol  and  drug related  sexual  assault  and forcible  sexual                                                               
assault.                                                                                                                        
                                                                                                                                
For alcohol or  drug involved sexual assault  measures they asked                                                               
respondents the following questions:                                                                                            
   · When they were alcohol or drug intoxicated and unable to                                                                   
     consent, has anyone:                                                                                                       
     - Had vaginal sex with you?                                                                                                
     - Made you receive anal sex?                                                                                               
     - Made you perform oral sex?                                                                                               
     - Made you receive oral sex?                                                                                               
                                                                                                                                
2:03:05 PM                                                                                                                    
For  forcible  sexual  assault they  asked  the  respondents  the                                                               
following questions:                                                                                                            
   · Has anyone used physical force or threats to physically                                                                    
     harm you to:                                                                                                               
     - Make you have vaginal sex?                                                                                               
     - Make you receive anal sex?                                                                                               
     - Make you perform oral sex?                                                                                               
     - Make you receive oral sex?                                                                                               
    - Put their fingers or an object in your vagina or anus?                                                                    
     - Try to have vaginal, oral, or anal sex with you?                                                                         
                                                                                                                                
2:03:35 PM                                                                                                                    
MR. ROSAY continued with the  lifetime sexual violence estimates.                                                               
Overall,  they estimated  that 37.1  percent  or more  than 1  in                                                               
every 3 women experienced sexual  violence at some point in their                                                               
lifetime. This equates to 91,725  women. They estimated that 26.8                                                               
percent or  more than  1 in  every 4  adult women  experienced at                                                               
least 1  alcohol or  drug involved sexual  assault in  their life                                                               
time. He  emphasized that they  did not ask respondents  how many                                                               
times people assaulted them while  intoxicated. They simply asked                                                               
them whether  or not  it happened.  Because of  this it  is quite                                                               
likely  that many  of the  respondents  were victimized  multiple                                                               
times.                                                                                                                          
                                                                                                                                
In  terms of  forcible sexual  assault they  estimated that  25.6                                                               
percent  or 1  in every  4  women experienced  a forcible  sexual                                                               
assault at some point in their lifetime.                                                                                        
                                                                                                                                
2:05:23 PM                                                                                                                    
He  continued that  in regard  to  the numbers  for the  lifetime                                                               
estimates 91,725  adult women experience sexual  violence at some                                                               
point in their life time.                                                                                                       
                                                                                                                                
He said that the past year  estimates reflect that 4.3 percent or                                                               
10,631 adult women  have experienced sexual violence  in the past                                                               
year. That includes  8,901 women who have experienced  at least 1                                                               
alcohol  or drug  involved  sexual assault  and  6,181 women  who                                                               
experienced at least 1 forcible  sexual assault in the past year.                                                               
He reiterated that  many women have experienced  both measures of                                                               
sexual violence.                                                                                                                
                                                                                                                                
2:06:31 PM                                                                                                                    
CHAIR  FRENCH  asked how  the  estimate  of 10,631  self-reported                                                               
victims  of  sexual  violence compares  with  the  Uniform  Crime                                                               
Report numbers.                                                                                                                 
                                                                                                                                
MR. ROSAY answered  that it's difficult to  compare those numbers                                                               
because  it includes  things that  would not  be included  in the                                                               
UCR. However,  he said,  the question  "Has anyone  used physical                                                               
force or threats to physically harm  you to make you have vaginal                                                               
sex?"  does  compare directly  to  the  UCR. They  estimate  that                                                               
almost 5,000 adult  women were forced to have vaginal  sex in the                                                               
past year.  This means that  4,995 forcible rapes  were committed                                                               
in the past year.                                                                                                               
                                                                                                                                
CHAIR FRENCH asked what the UCR would indicate to him.                                                                          
                                                                                                                                
MR. ROSAY replied the UCR  generally shows that there are between                                                               
500 and 550 rapes reported per year.                                                                                            
                                                                                                                                
CHAIR FRENCH  observed that the self-reported  victimization rate                                                               
is nearly 10 times the rate  reported to police. He asked if that                                                               
comports with numbers from other jurisdictions.                                                                                 
                                                                                                                                
MR.  ROSAY answered  he has  only  seen that  comparison for  all                                                               
sexual violence; they don't have  the data to answer the question                                                               
for just forcible rape.                                                                                                         
                                                                                                                                
2:08:46 PM                                                                                                                    
SENATOR PASKVAN  asked if there  has been any  follow-up analysis                                                               
to the prosecution rates to these categories.                                                                                   
                                                                                                                                
MR. ROSAY replied  not in the victimization survey  but they have                                                               
done  some work  tracking  offences reported  to law  enforcement                                                               
through  prosecution and  conviction. Because  of this  there are                                                               
some statistics  available from previous  surveys that  they have                                                               
done.                                                                                                                           
                                                                                                                                
CHAIR FRENCH drew the committee's  attention to the Spring/Summer                                                               
2008  edition  of  the  Alaska   Justice  Forum,  entitled  "Case                                                               
Attrition in Sexual  Violence Offences." He explained  that it is                                                               
an excellent  review of  what happens to  cases from  the report,                                                               
the follow-up  by the police,  referral to the DA,  acceptance by                                                               
the DA,  and prosecution.  In summary,  he said,  once a  case is                                                               
accepted by the DA there is  nearly an 80 percent conviction rate                                                               
when  a strong  case has  been built  in the  field. However,  an                                                               
enormous amount  of police work and  nursing work has to  be done                                                               
in  order  to build  strong  sexual  assault cases.  Without  the                                                               
upstream work between the report  and acceptance for prosecution,                                                               
a huge amount of attrition takes place.                                                                                         
                                                                                                                                
MR.  ROSAY agreed  and emphasized  that what  they are  adding to                                                               
this  is the  even bigger  hurtle from  the crime  itself to  the                                                               
report.                                                                                                                         
                                                                                                                                
2:10:31 PM                                                                                                                    
MR. ROSAY  said with regard  to lifetime estimates  they estimate                                                               
that  58.6  percent  or  144,881   adult  women  in  Alaska  have                                                               
experienced intimate  partner violence, sexual violence,  or both                                                               
in their lifetime.  They further estimate that  47.6 percent have                                                               
experienced intimate  partner violence  and more than  1 in  3 or                                                               
37.1 percent have experienced sexual violence.                                                                                  
                                                                                                                                
The summary  of past  year estimates  indicates that  1 in  10 or                                                               
11.8 percent  of women  in the state  of Alaska  have experienced                                                               
intimate partner violence,  sexual violence, or both  in the past                                                               
year.  That includes  9.4 percent  who have  experienced intimate                                                               
partner  violence and  4.3 percent  who  have experienced  sexual                                                               
violence.                                                                                                                       
                                                                                                                                
2:12:07 PM                                                                                                                    
MR. ROSAY highlighted the following  important limitations to the                                                               
statistics:                                                                                                                     
     · The survey only provides one statewide average, which may                                                                
       mask large regional differences. They hope to provide                                                                    
       regional estimates  following the  FY11 and  FY12 surveys.                                                               
       In part  this is to  examine the source of  the difference                                                               
       between the  Anchorage rate and the  Fairbanks rate, which                                                               
       has had very large UCR rates since 2003.                                                                                 
     · The survey excluded non-English speaking women; women who                                                                
       did not have phone access; women living in shelters,                                                                     
      hospitals, or prisons; and women who were homeless.                                                                       
                                                                                                                                
MR.  ROSAY  warned  that  the   estimates  should  be  viewed  as                                                               
conservative because he believes that  they would be higher among                                                               
the women excluded from the survey.                                                                                             
                                                                                                                                
2:13:41 PM                                                                                                                    
MR.  ROSAY continued  to highlight  important limitations  to the                                                               
survey.                                                                                                                         
   · The survey measured the number of victims, not the number                                                                  
     of victimizations. In  part this was to  minimize the burden                                                               
     on  the respondents,  but  because  of repeat  victimization                                                               
     it's  likely  that the  number  of  victimizations would  be                                                               
     higher  than the  number of  victims. This  is an  important                                                               
     difference  from  the UCRs,  which  measures  the number  of                                                               
     offenses reported  and not the  number of people  who report                                                               
     those offenses.                                                                                                            
   · The survey did not measure all forms of intimate partner                                                                   
     violence  or  sexual  violence. Therefore,  these  estimates                                                               
     should be viewed as conservative.                                                                                          
   · While they believe that the survey produces the best data                                                                  
     possible,  these estimates  may be  conservative because  of                                                               
     the   continuing  stigma   of  reporting   intimate  partner                                                               
     violence  and sexual  violence and  because  these are  very                                                               
     difficult questions to answer over the phone.                                                                              
                                                                                                                                
2:14:55 PM                                                                                                                    
MS. MORTON thanked  the women who participated in  the survey who                                                               
were asked to relive terrible  experiences in order for others to                                                               
learn the extent  of intimate partner and sexual  violence in the                                                               
state of Alaska.                                                                                                                
                                                                                                                                
The  FY10   Alaska  Victimization   Survey  provided   the  first                                                               
statewide,  comprehensive,  and  behaviorally  specific  baseline                                                               
measure  of violence  against Alaska  women. As  we move  forward                                                               
with   prevention   strategies,  intervention   strategies,   and                                                               
offender management, we will be able  to look at the baseline and                                                               
gauge  whether or  not  we  are improving.  Within  the next  six                                                               
months we  hope to make national  and state-by-state comparisons,                                                               
but for the comparisons to  remain viable it's important that the                                                               
core questions remain the same, she said.                                                                                       
                                                                                                                                
MS. MORTON urged legislators to  consider these survey results to                                                               
help guide policy and practice  and budgetary changes to best get                                                               
these numbers  to come down. "It's  difficult to know that  1 out                                                               
of every  2 women in  this room are  affected, or could  be," she                                                               
said.                                                                                                                           
                                                                                                                                
2:17:01 PM                                                                                                                    
MS. MORTON  reported that regional  surveys will be done  in FY11                                                               
in Anchorage  and Fairbanks  with funding  that came  through the                                                               
Council from the Legislature.  The Governor's initiative provided                                                               
funding for  a rural pilot  project and 11  communities submitted                                                               
proposals.  Last  week the  evaluation  committee  went over  the                                                               
proposals and made recommendations  to the Commissioner of Health                                                               
and Social Services.  Once the result is announced,  we will work                                                               
with  the community  to implement  strategies to  reduce domestic                                                               
violence and sexual assault and  to help establish a baseline for                                                               
that community, she said.                                                                                                       
                                                                                                                                
2:18:17 PM                                                                                                                    
MS.  MORTON explained  that for  the FY11  surveys two  questions                                                               
were added  to the core  questions as  a result of  feedback from                                                               
respondents, surveyors, and those  informing the initiative work.                                                               
The first  asks if the  victimization occurred in Alaska  and the                                                               
second  question  is to  distinguish  when  child witnesses  were                                                               
present at  the violence.  She said it's  important to  note that                                                               
funding for the  surveys is coming through the  Council because 2                                                               
of  their 14  statutory  mandates are  to  collect data,  conduct                                                               
surveys,  present  information  to the  Legislature  on  domestic                                                               
violence, sexual assault, crisis intervention and prevention.                                                                   
                                                                                                                                
MS.  MORTON emphasized  the importance  of continued  funding for                                                               
these  surveys and  said that  the Council  has requested  in the                                                               
Governor's budget $400,000  to do more regional  surveys in FY12,                                                               
to  work  with   the  rural  pilot  project,  and   to  assist  3                                                               
communities that  are preparing for community  readiness projects                                                               
to obtain  a baseline. The Council  has $280,000 in its  base for                                                               
research  efforts  and  has  requested   at  least  $150,000  for                                                               
prevention efforts  to begin to  evaluate a program  that's being                                                               
introduced in  schools called the  fourth R  for "relationships."                                                               
This is  an evidence-based  strategy that  was started  in Canada                                                               
and has moved  to Alaska. It is being piloted  in 20 schools this                                                               
year.                                                                                                                           
                                                                                                                                
2:21:31 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  for   a  discussion  of  the  other                                                               
information that  was gathered in the  survey and if it  has been                                                               
released.                                                                                                                       
                                                                                                                                
MR.  ROSAY replied  it  should  be available  within  a week  and                                                               
cautioned  that the  information is  just as  alarming. Both  the                                                               
lifetime  and past  year rates  are shockingly  high in  terms of                                                               
psychological aggression,  coercion and control,  entrapment, and                                                               
harassment.                                                                                                                     
                                                                                                                                
SENATOR PASKVAN asked about rates across income spectrums.                                                                      
                                                                                                                                
MR. ROSAY explained  that the sample size isn't  large enough for                                                               
sub-groups of the population.                                                                                                   
                                                                                                                                
SENATOR COGHILL  asked if there  are other barriers  to reporting                                                               
besides stigma.                                                                                                                 
                                                                                                                                
MR. ROSAY said that was not  included in the survey, but could be                                                               
included in future surveys.                                                                                                     
                                                                                                                                
SENATOR COGHILL  asked if  the significant  summertime population                                                               
shift and the dramatic fluctuation  in the military population in                                                               
the Fairbanks area were taken into account.                                                                                     
                                                                                                                                
MR. ROSAY  replied the  respondents were  only asked  about their                                                               
zip codes.                                                                                                                      
                                                                                                                                
2:24:36 PM                                                                                                                    
SENATOR  COGHILL commented  that  it was  probably worthwhile  to                                                               
track whether or not the  victimization occurred in or outside of                                                               
Alaska. He stated that the rates of victimization were alarming.                                                                
                                                                                                                                
CHAIR FRENCH thanked  the governor for his efforts  in this area.                                                               
He  stated  that while  he  and  the  governor disagree  on  some                                                               
issues, they  stand shoulder-to-shoulder on this  one. He thanked                                                               
the administration for some of  its efforts, including the Choose                                                               
Respect campaign.                                                                                                               
                                                                                                                                
SENATOR  FRENCH noted  that Ms.  Morton  has been  active in  the                                                               
domestic  violence and  sexual assault  area for  many years  and                                                               
asked if she had any idea that the numbers were so high                                                                         
                                                                                                                                
MS. MORTON replied the surveys  confirm what they have thought to                                                               
be true.                                                                                                                        
                                                                                                                                
CHAIR FRENCH said  that part of the desire to  do a victimization                                                               
survey was  based on the  hope that  reporting was high  and that                                                               
possibly  victimization rates  were  lower, but  that wasn't  the                                                               
case. He  asked for suggestions  for what policy makers  might do                                                               
to address the problem.                                                                                                         
                                                                                                                                
2:27:19 PM                                                                                                                    
MR.  ROSAY   replied  one  recommendation  is   to  continue  the                                                               
victimization  survey in  order  to identify  the prevention  and                                                               
intervention efforts  that are working, that  aren't working, and                                                               
those that are promising. For  example, when the VPSO presence is                                                               
increased in  a community,  there's likely to  be an  increase in                                                               
reporting,  but  they'd also  like  to  see  a reduction  in  the                                                               
victimization rate  over time. Right  now it's difficult  to know                                                               
the best practices.                                                                                                             
                                                                                                                                
The UAA Justice  Center has done a great deal  of work looking at                                                               
ways to facilitate  case processing, but it's now  clear that the                                                               
rate  of   underreporting  is  significantly  higher   than  they                                                               
thought.  This  will change  the  thinking  about prevention  and                                                               
should be an important component  of legislators' work during the                                                               
session.  For a  lot of  reasons  a lot  of women  don't want  to                                                               
report to law enforcement so  prevention will be a very important                                                               
factor in reducing these horrendous rates, he said.                                                                             
                                                                                                                                
CHAIR FRENCH  recalled reading that the  presence of a VPSO  in a                                                               
community  greatly increases  the  likelihood  of a  prosecutable                                                               
case.  He suggested  that it  would  be a  good test  to look  at                                                               
villages  that will  get VPSOs  in the  next year  or so  to make                                                               
comparisons  between  the  current   and  future  rates  of  both                                                               
reporting and victimizations.                                                                                                   
                                                                                                                                
MR. ROSAY responded  this is something that they hope  to look at                                                               
soon. The  Justice Center has  applied to the  National Institute                                                               
of  Justice to  look at  the impact  of VPSOs  on the  health and                                                               
safety  of  communities.  This  is   a  joint  project  with  the                                                               
departments of  public safety, corrections, law,  and health, the                                                               
Tundra  Women's  Coalition,  the   Alaska  Native  Tribal  Health                                                               
Consortium, the Alaska  Native Justice Center, and  UAA. The idea                                                               
is to look broadly at the  impact of VPSOs on communities. In the                                                               
past  they've seen  that VPSOs  facilitate  prosecution and  they                                                               
reduce the rate of injury in assault cases.                                                                                     
                                                                                                                                
CHAIR  FRENCH asked  if the  assaults that  take place  have less                                                               
serious injuries when a VPSO is present.                                                                                        
                                                                                                                                
MR. ROSAY answered yes.                                                                                                         
                                                                                                                                
2:30:45 PM                                                                                                                    
SENATOR  DYSON suggested  that the  Legislature might  help small                                                               
jurisdictions pay for  rape test kits that cost  about $1,600. He                                                               
also  commented  that  this  discussion  is  similar  to  suicide                                                               
prevention. Everyone in  the room wants to get  past dealing with                                                               
the problems, and start dealing  with the circumstances that make                                                               
this happen. Most  suicide victims have been  traumatized in many                                                               
ways,  including domestic  violence and  sexual assault  and were                                                               
overwhelmed    with   hopelessness.    Someone   has    to   take                                                               
responsibility for the cultural norms in communities, he said.                                                                  
                                                                                                                                
2:33:58 PM                                                                                                                    
SENATOR  COGHILL asked  Ms. Morton  how often  women come  into a                                                               
shelter but don't report their victimization.                                                                                   
                                                                                                                                
MS. MORTON replied  there are many reasons that  not everyone who                                                               
comes to  a shelter or a  rape crisis center makes  a report. But                                                               
most programs do have someone  to provide legal advocacy, explain                                                               
options  and procedures,  and help  them think  through what  the                                                               
report  might mean.  She  said she  believes  that reporting  can                                                               
improve as the  prevention campaigns progress. In  the past, some                                                               
victims had  to pay  for their  sexual exam  kit. That  no longer                                                               
happens,  but reporting  can still  be  very difficult.  Anything                                                               
that can  be done to assure  that the system is  working together                                                               
and  that  community  members  are  more  knowledgeable  will  be                                                               
helpful, she said.                                                                                                              
                                                                                                                                
SENATOR  COGHILL reiterated  that  he's trying  to  find out  the                                                               
barriers to reporting.                                                                                                          
                                                                                                                                
SENATOR DYSON noted  there has been a  significant paradigm shift                                                               
in  the last  several  years  to keep  a  person  from being  re-                                                               
victimized.                                                                                                                     
                                                                                                                                
CHAIR  FRENCH   thanked  Ms.  Morton   and  Mr.  Rosay   for  the                                                               
presentation.                                                                                                                   
                                                                                                                                
2:41:29 PM                                                                                                                    
There being  no further business  to come before  the committees,                                                               
Chair French adjourned the hearing at 2:41 p.m.                                                                                 

Document Name Date/Time Subjects
JNU Presentation Jan11 FINAL.pdf SJUD 1/24/2011 1:30:00 PM