Category: Crime

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Sexual abuse recovery rationing by the ACC

This morning the New Zealand Association of Psychotherapists delivered an open letter to the Minister for ACC asking him to explain and justify the proposed changes to ACC’s sensitive claims policy. This issue was covered by Anjum last week and is now picking up steam.

Briefly, the proposals (which are due to come into effect in September) would change both the nature and amount of entitlement of treatment to which sexual abuse or assault victims are entitled. The changes represent a move from a therapeutic model mostly operated by psychotherapists and counsellors to a symptom-management model mostly run by the mental health system. Victims’ entitlement to treatment will generally be reduced to a maximum of sixteen hours, essentially meaning that many victims of the most severe abuse will not be fully treated. In addition, victims will need to explain themselves to as many as three different assessors in order to access this limited treatment, with each assessment a form of revictimisation. As if that wasn’t enough, knowing that many cases simply will not be treatable in the mandated 16-hour timeframe, some psychotherapists have indicated that they will refuse on ethical grounds to begin the work, knowing that they cannot finish it, on the basis of the ‘first, do no harm’ principle which underscores their practice as clinicians.

This means the already-high barriers to effective treatment of sexual abuse trauma are about to get higher. In effect, they are being rationed so as to exclude the ‘worst’ cases who require the most work (and therefore the most cost) to treat. However the revictimisation of repeated assessments and the uncertainty of treatment form a strong disincentive – not wanting to open a wound without being sure it can be closed, many people will simply not seek treatment, and many counsellors will simply not be able to provide it on ethical grounds. This chilling effect will lead to sexual abuse being pushed further underground and the problem fading from the public view to a greater extent than it already is, with potentially catastrophic long-term social consequences. At last count, sexual abuse cost NZ about $2.5 billion per year including the costs of crime, imprisonment, drug and alcohol, other health issues, unemployment and the cycle of abuse which an absence of treatment sustains. For the cost of a few million dollars in treatment, how much will that be allowed to increase?

The most absurd thing is that these are cuts to front-line services for victims of serious crime; the very thing the government said it would be increasing. ACC’s Sensitive Claims Unit costs $30m or so annually to deliver $20m of front-line services, and these cuts will shift that balance much further toward the back-office by relying more heavily on already-overworked case managers and the top echelons of the practice – psychiatrists and clinical psychologists who currently do 10% of the work – rather than the relatively cheap and numerous psychotherapists and counsellors who do the other 90%.

For the inevitable conspiracy theorists, this also isn’t a matter of psychotherapists feathering their nests – for most, ACC work is a small part of their practice, and not an especially lucrative part of their practice, since most can charge (much) more on the open market than what ACC will pay.

Expect this to be a fairly big deal in the coming weeks. It is an issue which is deeply embedded in many policy fields: justice, victim’s rights, human rights, child abuse, crime, drug and alcohol abuse and mental health are just a few. It’s not going away, because sexual abuse is not going away.

L

Disclosure: I was involved to a small extent in the process around this open letter. I have family members on both ends of this issue – both providing and receiving treatment. You probably do, too, even if you don’t know it.

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Hide-ing to nothing

Two topics in this post, because I don’t have time to fully develop them.

First, John Key must not ignore the anti-smacking referendum. Although the question was leading, the result was decisive and will embolden people like the Copeland/Baldock/McCoskrie axis of evil to drive the stake deeper into the heart of NZ’s traditional social liberalism. Tinkering with guidelines won’t mollify them, and won’t stop the electorate from listening to them because it doesn’t address the substantive point about the status of a light smack in law. What will do that is the Borrows Amendment. With a view to neutralising further attacks on the discipline legislation, I think the government should adopt and pass the Borrows Amendment with due haste, and put the issue to bed (without its dinner). It’s a mutual-second-best solution, whereas the repeal as passed in 2007 was not and will not endure.

Second, Rodney Hide’s position on the Auckland mana whenua seats is consistent and his behaviour is responsible. The (proposed) mana whenua seats in the Auckland case aren’t the same as the Māori electoral seats – they’re appointed, not elected, and this gives him separate grounds to oppose them. It is not inconsistent that he favours entrenching Māori electoral seats if they exist, but not of implementing any more such seats, and not implementing any seats which aren’t elected. He’s being responsible in clearly signaling his intentions in a fairly measured way. He’s not trying to exercise any more power than he has, but simply saying ‘my resignation will be a cost of making this decision, just so you know’ and requiring John Key to consider whether that cost is worth it. In addition, he’s working with Pita Sharples on the issue rather than taking a reflexively oppositional approach. Finally, this is strengthening his core political brand. It’s smart politics all around because whether he gets his way or not, he comes out of this looking good.

Update: A third thing – eternal guest-poster r0b at The Standard continues to go from strength to strength.

L

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Some of my best friends are men…

Most of the talk about the trial of Clayton Weatherston and the killings by George Sodini has focussed on the anti-women sentiment and sexism woven into the discourse and society. But isn’t there anti-men sentiment in equal measure? Both are rooted in the idea that men cannot control themselves – when it comes to issues of sex and love men have no self control. The story it tells is that for men rejection becomes a killing rage without the chance of self-restraint.

In fact it’s rooted not only in the idea that men can’t control their rage, but in the idea that rage is their autonomic response to anything that goes wrong.

The prevalence of those myths and the unthinking acceptance of them doesn’t just lead to the deaths and beatings and rapes of hundreds of women a year, it also leads to the discounting and devaluing of masculinity.

I know so many good men: men who love, men who care, men with self control, men who do not have barely suppressed rage burning in their souls 24×7. Men who are diminished by every retelling of those myths of the generic caveman response.

When we finally repeal the provocation partial defence from the Crimes Act it will be a step forward not only for the women and gay men whose killings are trivialised by the defence, but also for every strong capable man whose masculinity is devalued by the idea that the measure of a man is his capacity to lapse into an uncontrollable killing rage.

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Some sort of justice

The Australian and many other sources report that Austereo has suspended 2Day FM hosts Kyle Sandilands and Jackie O and their show indefinitely for their revictimisation of a 14 year-old rape victim on-air last week. Advertisers are boycotting the network and Sandilands’ other contracts are in jeopardy. A firm response.

L

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Ok, rape, anything else?

From the Department of Whiskey Tango Foxtrot, this story from Australia:

Austereo’s Kyle and Jackie O Show sparked the controversy this morning when the 14-year-old girl revealed on air that she had been raped.
The girl’s mother submitted the teen to the test due to her concerns about her daughter’s experiences with drugs and sex and wagging school. Before the actual test, the girl admitted on air to Sandilands, “I’m scared … its not fair.”
Her mother asked her daughter: “Have you ever had sex?” The 14-year-old replied: “I’ve already told you the story about this … and don’t look at me and smile because its not funny.”
After a pause, she raised her voice with frustration and said: “Oh okay, I got raped when I was 12 years old.”
After a long pause, Sandilands then asked “Right … is that the only experience you’ve had?” before the mother admitted she knew of the rape “a couple of months ago”.
Her daughter yelled, “Yet you still asked me the question!

There really are no words.

L

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That’s good advice

It is the judiciary’s job to apply the law as set by Parliament … this Government was elected on this sentencing policy. Judges are appointed to apply it. The Chief Justice’s speech does not represent Government policy in any way, shape or form.

— Simon Power, Minister of Justice, 17 July 2009.

Read the Chief Justice’s speech before you judge it.

— Lianne Dalziel, Labour Justice Spokesperson, 18 July 2009.

Lawyers should read proposals before criticising.

— Simon Power, Minister of Justice, 24 July 2009.

You can’t judge an apple by looking at the tree
You can’t judge honey by looking at the bee
You can’t judge a sister by looking at the brother
You can’t judge a book by looking at the cover

— Willie Dixon, 1962.

L

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The role of the judiciary is to judge

There has been much wailing and gnashing of teeth over Dame Sian Elias’ remarks about the prison muster. Nevertheless, this is what Chief Justices (and their equivalents elsewhere) do from time to time – make pronouncements about the law and the state of the justice system, which carry no policy mandate but tend to get people talking.

I would note that the speech was much broader and more considered than ‘let the prisoners go free’ as it has been dramatised. But that Dame Sian has made a pronouncement so far out of step with government policy and public consciousness demonstrates either a remarkable sense of personal responsibility for the justice system or a desire to legislate from the bench.

There are three ways to slice it:

  1. The judiciary is right to involve itself in this sort of thing and you agree with the position taken
  2. The judiciary is right to involve itself in this sort of thing and you disagree with the position taken
  3. The judiciary is wrong to involve itself in this sort of thing, and should stay the hell out of wider matters of justice regardless

I’m the first, with Toad and most commenters on Eddie’s post on The Standard. Labour Justice spokesperson Lianne Dalziel is too. In another case I might be the second. Danyl Mclauchlan seems to be either in the first or the second; Idiot/Savant and Bomber are clearly the first; Madeleine Flannagan, herself a lawyer, seems somewhat grudgingly to be in the second camp. Peter Cresswell definitely is.

But it’s tricky; the third is a cover for the second. I think Simon Power and Garth McVicar (along with DPF and some stalwarts of the KBR hang’em-flog’em brigade) are taking the third position for rhetorical purposes when, if they were honest, they’d be defending the right of the judiciary to participate in NZ’s discourse of criminal justice but disagreeing with Dame Sian’s argument in this case – the second position. Dean Knight points out that, when it suits, the government does actually consider the judiciary’s views as integral to justice policy.

If the particulars of the Chief Justice’s speech had been different, I reckon they’d be singing from a songsheet other than the one which reads ‘butt out, you lily-livered liberal panty-waist’. Perhaps the one which reads ‘I disagree with your position but, as the head of NZ’s judiciary, you are entitled to take it’.

The flipside, I suppose, is whether those of us who agree with Dame Sian’s general position today would be supportive of her right to take it if we disagreed. We should be; all of us.

Edit: Andrew Geddis is in the first position; Stephen Franks is in the second.

L

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Doing filtering right

Once upon a time quite a long time ago I was involved in the implementation of a porn filter at a public institution. At the time part of my role included “inappropriate use” investigations. I’ve spent far too many hours sifting through web and other access logs, writing up material for handover to the authorities, seizing equipment and seeing the flow on effect of a search warrant executed on someone’s home. I’ve sat across a table from someone I knew and made eye contact while I explained how I had discovered evidence he had repeatedly accessed a bestiality porn site. I wish I wasn’t so aware of just how bad porn has to be before it becomes illegal.

I strongly support voluntary at the border filtering for child porn, if I ran an ISP I would implement it and I would be grateful for any help the government provided. But… the government’s support and actions must be scoped, controlled and open to public scrutiny.

DIA should be doing this, but they should also be doing it right:

  1. The process should be public
  2. The scope should be public
  3. Both should be open to public scrutiny and comment (including a without prejudice process for challenging the filtering of a site).

Releasing the list of sites would be counterproductive but we do have a right to know what they’re up to. Is their mandate only child porn (2(a) of the definition of objectionable) or the other criteria as well? Who will make the decision? What is the review process? Will any monitoring be undertaken? Could that trigger an investigation? Will they guarantee it is only objectionable material? Is there scope for political interference? What does “voluntary” mean? Will there be negative consequences for ISPs that don’t opt in?

I totally support DIA’s stated intention, but the way they are approaching it is just plain wrong.