Business As Usual in Kenya?

Rupert Walder

The political crisis in Kenya is deeply affecting women -- the number of rape survivors seeking treatment has doubled in a Nairobi hospital -- but business as usual in Kenya before the crisis wasn't good for women, either.

Business as usual in Kenya?

Having just returned from Kenya, I would like to add my voice to Florence Machio's concern that the political unrest in that country has and does and will continue to seriously affect women in that country.

The chief nurse at Nairobi's Women's Hospital says that the number of rape survivors seeking treatment at the hospital doubled in the wake of violence, and that there were many many more women who were unable to seek treatment in inaccessible areas of the country, including the notorious slums of Nairobi.

While I entirely agree with Kenyan journalists that the international media were running around looking for ‘good' stories about the unrest without seeking to really understand the situation, I was also sorry to see quite how quickly that unrest was affecting the people of Kenya – and more specifically the poor and the displaced. (It is a humbling experience lending someone your mobile phone so they can call their family to see if they are safe and alive.)

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The European Union has threatened to reduce aid to Kenya if a solution is not found over the disputed presidential elections. The US, UK and Canada are expected to announce their position in the next 24 hours. The US has already made some vague threat about not conducting "business as usual" until political harmony is found.

Business as usual in local terms would be a continuing decline in the Kenyan Government's spend on health, which has already dropped from US $10 per annum per person in the 1980s to US $3 today. Business as usual would also be a continuation of 42% female unemployment rate, 24% of women having no power in decision making within the family, and 16% of women agreeing that their husband is justified in beating them if they burn food.

While donors appear to be offering little to the process other than threats to close their purses, one wonders when the real people of Kenya will have their concerns and needs addressed. (And if we really believe our own mantra, those needs must include sexual and reproductive health and rights and eradication of gender-based discrimination and violence.) The donors? One representative of a huge multilateral donor told me, "The results of the elections won't make much difference. We will just need to make sure our projects are managed by whoever ends up in power." Business – including the business of development aid – as usual I guess. There, but not there for those who are not in the political ascendancy.

Analysis Violence

Facing Years in Prison for Fleeing Abuse: Cherelle Baldwin’s Story Is Far From Unique

Victoria Law

Starting Monday, 12 jurors will begin to hear evidence about Cherelle Baldwin, a 24-year-old Black woman from Bridgeport, Connecticut, whose attempts to escape her ex-boyfriend ended in his death.

Who has the right to self-defense? Starting Monday, 12 jurors will hear evidence about Cherelle Baldwin, a 24-year-old Black woman from Bridgeport, Connecticut, whose attempts to escape her ex-boyfriend ended in his death. Baldwin has been detained for nearly three years awaiting her second trial on charges of murder. Her first trial, which lasted six weeks in early 2015, resulted in a hung jury and mistrial. If convicted this time, she may spend decades in prison.

In 2013, Baldwin had been granted a court order against her ex-boyfriend Jeffrey Brown. But the piece of paper didn’t stop Brown from continuously texting, calling, and showing up at Baldwin’s house to demand access to their toddler son as well as his ex-girlfriend’s phone and cash, according to Baldwin’s family.

On the morning of May 18, 2013, Brown sent Baldwin a series of texts. At 6:49 a.m., he texted, “I said what I said so u could take it however u want u but after today u will have to call the cops cuz it over today.” When Baldwin told him to leave her alone, he responded, “N u will see how crazy shit will get today.”

Shortly after, he showed up at her house. According to a police affidavit obtained by AlterNet, Baldwin told them that Brown had climbed through her window, then attacked her: “He pulled a knife and choked her with his belt.” Baldwin managed to escape, running outside and into her car. “He managed to get in the car and proceeded to choke her again,” the affidavit stated. “Then she got out and fell as she did and the car ran over her leg and that he also got out to chase her[,] and the rest happen[ed] too fast and she wasn’t sure how he ended up in front of the car.”

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When police arrived, Brown was dead and Baldwin had a broken leg. The baby was in the house, unharmed. Baldwin was taken to the hospital; three weeks later, she was charged with first-degree murder. Her bail was set at $1 million, an amount her family was unable to afford, so Baldwin was sent to the state’s women’s prison, York Correctional Institution in Niantic, to await her trial. In early 2015, after five days of deliberating (and listening to tape-recorded testimony from Baldwin herself), 11 jurors wanted to either consider lesser charges or acquit Baldwin altogether. One juror held out, and so the judge declared a mistrial. The prosecutor vowed to retry her case, and Baldwin was sent back to Niantic to await her next day in court. She has been there ever since.

Baldwin’s experience illustrates how the justice system frequently criminalizes and prosecutes abuse survivors, often after this same system failed to stop the domestic violence. Because self-defense laws frequently don’t explicitly take domestic violence into account, the onus is on survivors like Baldwin to convince a dozen strangers that they were truly in fear for their lives when they took the actions that landed them in court.

“When Jeffrey Came, It Was a Whole Different Story”

In 2010, 19-year-old Baldwin was a student at Porter and Chester Institute in Stratford, Connecticut, studying to become a medical specialist administrator and working two jobs. While filling her tank at a gas station, she met Brown. The two talked, exchanged numbers, and began seeing each other.

“The next thing I know, Cherelle is not coming home at night,” said Baldwin’s mother, Cynthia Long, with whom Baldwin had been living at the time, in an interview with Rewire. But Baldwin didn’t bring Brown to meet her mother until the following year. By then, she was two months pregnant, and she and Brown were planning a future together.

Weeks before the baby was born, Baldwin called her mother and asked if she could spend the night. Long told Rewire that her daughter, usually a peaceful sleeper, was fighting and crying in her sleep. “I had to wake her up,” she recalled. But if she had any recollections of her dreams, Baldwin kept them to herself. She also kept quiet about any problems she and Brown were having.

Long does recall that Brown was controlling. At family gatherings, she recounted, “When he said, ‘Let’s go,’ she had to be ready to go.” Baldwin also began behaving differently, needing to clear things with Brown before making decisions.

“She always had to check with him,” her mother recalled. “That wasn’t Cherelle. Before that, she always made her own decisions—she pretty much held her own. But when Jeffrey came, it was a whole different story.”

Baldwin also began to pull away from other family members. Baldwin had always been close to her cousin Latreesh, with whom she had grown up. But once she started dating Brown, Latreesh, who asked that her last name not be used, said they “grew apart.” At the time, however, Latreesh chalked it up to being busy with the new relationship and holding down two jobs.

When they did see each other, Baldwin would tell Latreesh about money being missing or times that Brown would take her car keys so that she wouldn’t be able to leave the house. But, Latreesh reflected, Baldwin may have remained silent about the extent of the abuse because “she probably didn’t want to put us in harm’s way.”

On New Year’s Day 2012, Long received a phone call. Brown had been in a car accident, wrecking Baldwin’s car. Baldwin told her mother that, when she asked Brown about the accident, “he shook her and the baby while she was holding the baby,” Long said. Then, Long said, he tried to break her phone. Long told her daughter that she was coming over and told her to call the police.

But, before she could leave the house, Baldwin called her again. “She said not to come because Jeffrey’s mother was coming,” Long said. Despite her mother’s urgings, Baldwin did not call the police. That was the first time that Baldwin had actually told her mother about any abuse.

Baldwin’s silence is not unusual. “A lot of times victims don’t disclose to anyone,” said Lenina Trinidad, an attorney who has represented abuse survivors in court proceedings, in an interview with Rewire. Trinidad has extensive experience working with abuse survivors and around issues of domestic violence. In addition to representing survivors in court, she has also served on several committees dedicated to examining domestic violence legislation and policy, improving court responses to domestic violence victims, and promoting public awareness about the issue.

There are several reasons that survivors may not tell their family and friends about the abuse, she told Rewire, including a lack of awareness that their loved one is abusing them. “Everyone has a different idea of what domestic violence or interpersonal violence looks like,” she explained. “Often, it begins with certain behaviors”—such as being controlling and encouraging isolation from friends and family—”then it escalates.”

But, Trinidad noted, physical violence often occurs once or twice at the beginning of the relationship. “From then on, fear of physical aggression keeps the victim under the control of the abuser. This is not a person walking down the street with bruises or lumps. But in essence, this person is being terrorized,” she said.

In addition, escalation can be gradual and people being abused may not notice until it is too late: “It’s a terrible analogy,” she said, “but it’s like the frog in boiling water.”

Trinidad also noted that it can be dangerous to disclose abuse: doing so risks even more escalation if the abuser finds out. At the same time, she stated, people in abusive relationships may not necessarily want to end the relationship; they simply want the abuse to end. Friends and family members, once told about the abuse, may pressure the survivor to walk away. Furthermore, the fear of being judged prevents many survivors from telling others.

Brown began confiscating his girlfriend’s phone, her family said, preventing her from calling relatives and friends. Baldwin began working at Yale-New Haven Hospital, which required Brown, who was not working at the time, to stay home with the baby. “He’d take the car and disappear and not return until late morning,” her mother recalled. Not having anyone else to watch their son, Baldwin was often late for work. According to Long, when she did get to work, Brown would then call her repeatedly. After a few months, Baldwin was fired.

By 2013, the couple had split and Brown had moved in with another woman. But ending the relationship doesn’t end the danger. According to Trinidad and many other domestic violence advocates, it is actually the most dangerous time for a survivor. Approximately 75 percent of women killed by their abusers have been killed after trying to end or ending the relationship. In Baldwin’s case, sharing a son with Brown made it nearly impossible to sever all contact with him.

Despite their separation, Brown continued to terrorize Baldwin. In February, he showed up at her house and began tossing her clothes out. When she tried to call 9-1-1, he grabbed her phone and threw it onto the ground, breaking it. He was arrested and eventually pleaded guilty to breach of peace. Baldwin was issued a court order. But neither the arrest nor the order stopped his harassment, threats, and violence. According to Baldwin’s mother, only days later he showed up and grabbed their son, forcing Baldwin to drive down the wrong side of the street to retrieve the toddler.

“She was really, really scared,” remembered Latreesh, who began watching the boy while Baldwin worked at her new job. Latreesh recalled one particular night when, after picking her son up, Baldwin asked her cousin to accompany her home even though she lived only a block or two away. “She thought he was following her,” Latreesh recalled. In the car, Baldwin told her cousin that Brown had been threatening her, that he had put his hands on her before, and that she was frightened.

In May 2013, Brown called Latreesh looking for Baldwin. When he learned that she was celebrating Mother’s Day with her mother at a local restaurant, he appeared outside the restaurant and called her, demanding that she bring their son outside. If she didn’t, he would come into the restaurant and make a scene. Baldwin capitulated and, although her family had already paid for her and her son’s meals, abruptly left the restaurant.

Six days later, on Saturday, May 18, Long received a distraught call from her son. Unable to make out more than the fact that something had happened involving Brown and Baldwin, she called Baldwin’s father, who lived in the apartment above his daughter. He told her that Brown was in front of the car and Baldwin, barely moving, was beside the car. He had already called 9-1-1. They were taken to separate hospitals. Brown was declared dead; Baldwin was treated for her broken leg and questioned by police.

Two days later, Baldwin began complaining about her back. That was when her mother saw the belt marks on her back, the bruises on her side, and the bruises around her neck. Long immediately took photos, but said that the police waited until that Thursday to do so. By then, Baldwin’s skin had begun healing and the marks were much less visible.

Three weeks later, the mail brought a warrant for her arrest.

Her family accompanied her to the precinct a few days later, where she turned herself in. Since then, she has spent nearly three years in prison. Her son, who will turn 5 years old in October, splits his time between Long and his paternal grandmother. He only sees his mother during prison visits twice a month. Although visits are supposed to last at least one hour, both Long and Latreesh said that they can sometimes be as short as 20 minutes.

Criminalizing Survivors

Baldwin’s story, of a domestic violence survivor criminalized for taking action against her abuser, is far from unique. One of the most famous examples is that of Marissa Alexander, the Florida mother who tried to argue she had been acting in self-defense—specifically, that she had been covered under the state’s “Stand Your Ground” law—by firing a warning shot into the ceiling to stop her husband’s assault. She was unsuccessful and was initially sentenced to 20 years in prison for aggravated assault with a deadly weapon. Her conviction coincided with the arrest of George Zimmerman, who successfully claimed Stand Your Ground in his shooting of 17-year-old Trayvon Martin; the timing drew wider attention and support for Alexander. The following year, an appeals court ruled that the judge’s instructions on self-defense were faulty and reversed her conviction. In January 2015, nearly four-and-a-half years after her arrest, Alexander agreed to a plea bargain for time served and two years of house arrest. She is now in her second year.

Alexander’s case is exceptional only in that it garnered such widespread attention and support. Across the country, stories of other abuse survivors serving long prison sentences for defending themselves have emerged—from Tewkunzi Green in Illinois and Cierra Finkley in Wisconsin, to Donna Jelenic in California and Valerie Seeley in New York.

But it’s difficult to know exactly how many other abuse survivors are in similar positions: Little documentation is available about the number of people who have claimed self-defense stemming from domestic or other types of violence. In 1999, the U.S. Department of Justice released a report stating that nearly half of women in local jails and state prisons had been abused prior to their arrests. That report, now 16 years old, is the most recent data available.

Self-defense laws don’t often reflect the reality of domestic violence. The law in Connecticut, for example, states that a person is justified in using “deadly physical force” against someone else if they believe both that their own life is in danger and such force is necessary to stop the attack. However, the law also states a “duty to retreat“: In other words, a person is required to retreat instead of using deadly physical force, if “a completely safe retreat is in fact available” and if doing so “will avoid the necessity of using deadly physical force.”

This exception does not take into account the fact that domestic violence is not limited to a single instance of violence from which a person can safely retreat. It also doesn’t consider that the survivor is reacting not only to the immediate actions, but the entire history of abuse and coercion.

Connecticut’s law does contain an exception for violence that happens in a person’s home; if the assailant does not also live in the home, according to the law, there is no duty to retreat. In Baldwin’s case, given that Brown no longer lived with her, it should seem that even if she feared for her life, Baldwin had no duty to retreat from her own home, where her child was inside.

Domestic violence is more likely to be fatal for Black women. The Institute on Domestic Violence in the African American Community found that, although they comprise 8 percent of the nation’s population, Black women make up 29 percent of all women killed in domestic violence homicides. Black women are twice as likely to be killed by an abusive spouse and four times more likely to be murdered by a boyfriend or girlfriend than white women.

In many cases, however, turning to the police and court system can be even more harmful. Trinidad pointed out that many “have no faith that the court system will offer any relief. Many people have been involved in the court system [before] and had their lives torn apart.”

For instance, in jurisdictions with polices that require officers to arrest someone when responding to a domestic violence call, victims risk being arrested or further brutalized by police. That means, in many cases, that means survivors must devise their own safety plans.

Cindene Pezzell is the legal coordinator for the National Clearinghouse for Battered Women. She also spent five years as an assistant public defender in Philadelphia; during her last year, she represented many abuse survivors in family court. She noted that prosecutors often resist survivors’ attempts to introduce claims of abuse into their defense and raise skepticism about abuse claims.

“That’s where you’ll see questions like, ‘Why didn’t you leave?’ or ‘Why didn’t you call police?’” she said. She also noted that, for many abuse survivors, there is no paper trail, which further fuels disbelief that violence has occurred.

Even when there is proof of violence, prosecutors tend to downplay and dismiss evidence of abuse. If the relationship has ended at the time of the incident, as was the case with Baldwin, the survivor frequently is depicted as a jealous and vindictive ex-girlfriend. (Brown’s family has been quoted in local media making similar claims, along with denying that Baldwin’s life was in danger.)

But if the relationship was still happening, that too can be used against a survivor in court. In California, for instance, Kelly Savage was charged with murder and torture after her abusive husband killed her 3-year-old son. The prosecutor argued that Savage enjoyed the beatings and, because she had not yet left the relationship, was equally responsible for her son’s death. The jury believed this explanation; Savage was convicted and sentenced to life without parole.

In addition, race plays an important factor. “It’s really hard for people to accept Black women as victimized,” Trinidad stated. “In my experience in the criminal court system, Black women are inherently questioned and inherently distrusted. The system and the players don’t find them as credible.” The most recent statistics on imprisonment seem to back Trinidad’s observations: Black women are up to four times more likely to be imprisoned than white women. However, just as there is little data on the number of domestic violence-related convictions, there is nothing readily available about conviction rates of Black women claiming self-defense.

Police, prosecutors, and courts already have practices to interview people who have experienced trauma, Pezzell pointed out. Many jurisdictions use such techniques when interviewing police officers who are involved in shootings, for instance, or abuse survivors who are filing charges against their partners. But these practices and techniques have largely been disregarded, she said, when abuse survivors are the ones on the defense.

In her time as public defender, Pezzell has represented abuse survivors accused of violating civil protection orders, a misdemeanor that is adjudicated in family court. Each time, she recalled, she informed the prosecutor that her client was a battered woman; each time, the prosecutor ordered an investigation before proceeding. If the investigation turned up findings of abuse, the prosecutor would sometimes reduce the charges or dismiss them altogether.

Pezzell similarly urged police and prosecutors to investigate allegations of abuse for self-defense claims. “It can take some time, but it will have a better end result,” she stated. She also advised that they use trauma-informed interview techniques rather than re-traumatize the survivor with accusatory—and often hostile—interrogations.

At the same time, she said, domestic violence service providers, such as social workers and nonprofit agencies, need to support survivors facing prosecution. “We need to make sure that the stories of these survivors don’t disappear because they’re facing charges,” she said.

Cherelle Baldwin’s trial begins on Monday. It will be up to Baldwin and her lawyer to convince all 12 jurors that she feared for her life, and that she should therefore be acquitted of her charges on self-defense grounds. But she may face an uphill battle in the coming weeks.

As Trinidad said, “It’s hard for people to accept that a woman could defend herself using lethal force against a man or that it’s necessary in any way.”

News Violence

Planned Parenthood Arson Investigation Comes as ‘Surge’ in Clinic Violence Continues

Teddy Wilson

The recent fire in Pullman, Washington, caused significant damage to the reproductive health-care clinic, but did not result in any injuries to clinic staff or other personnel. Anti-choice advocates suggest no involvement in an interview with Rewire.

See more of our coverage on recent attacks against Planned Parenthood here.

While law enforcement agencies conduct an investigation into the Planned Parenthood health center that was set ablaze by an act of arson early Friday morning, reproductive rights advocates are raising concerns about the spike in violence against abortion providers. Anti-choice advocates suggest no involvement in an interview with Rewire.

The fire caused significant damage to the building, but did not result in any injuries to clinic staff or other personnel. The Pullman, Washington, facility will likely be closed for at least a month and the organization will look for a temporary location.

The clinic did not provide abortion services, but provided other reproductive health care including birth control, family planning, and sexual health services.

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The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pullman Fire Department, and this week investigators are examining surveillance video from the clinic for any clues that may be able to identify the person who set the fire, reported KXYL.

The fire at the Planned Parenthood clinic in Pullman is just the latest this year in a series of acts of anti-choice violence against reproductive health-care providers, and pro-choice advocates claim that the increase is connected to an ongoing campaign against the organization by anti-choice activists and lawmakers.

“We are deeply concerned about the dramatic surge in threats and violence directed against Planned Parenthood and independent abortion providers since the release of deceptive videos by the so-called Center for Medical Progress,” duVergne Gaines, the national clinic access project director at the Feminist Majority Foundation, told Rewire.

The Pullman clinic was recently the site of a large anti-choice protest organized by alumni and students of New Saint Andrews College, a private Christian college. The protest was one of more than 300 protests that occurred on August 22 during the “National Day of Protest,” in response to a series of videos produced and published by the Center for Medical Progress.

Kim Hall, director of the Selkirk Prolife Alliance, told Rewire that she questions the presumption that the arson was perpetrated by someone associated with the anti-choice movement.

“As far as the fire goes, funny how everyone jumps to the conclusion that pro-lifers are at the center of it,” Hall wrote in an email. “Intentional destruction of property is not the way Americans handle controversial subjects. We follow the law, we appeal to our fellow citizens and our elected officials. It has always been my observation that when Americans know the truth they always make the right decision.”

The Selkirk Prolife Alliance organized the protest at the Planned Parenthood in Spokane, about an hour north of Pullman. Hall said the group has been unfairly connected to the arson by the media because of their close proximity to “the home of the right wing extremist skinheads” in northern Idaho.

When asked if it was unreasonable to suspect that someone who may identify with the anti-choice movement may have been involved, considering the number of similar incidents over the past three decades, Hall said it depends on a person’s point of view.

“For me, everyone I know and everyone that I have been associated with in the pro-life movement is disgusted by any violence,” Hall said. “So for me the thought of a pro-lifer doing an act of violence is the farthest thing from my mind.”

“Planned Parenthood on the other hand thinks that having a prayer vigil, press conference, and demonstration at their facility on a day that it is closed, not to mention that our priests, pastors and state representative were in attendance constitutes violence against women,” Hall said.

Gaines noted that there is a history of violence directed at abortion providers in the Pacific Northwest.

“We urge the federal government to deploy the resources at their disposal to investigate not only this latest act of violence, but also the Center for Medical Progress, and bring those responsible for violence—and violent threats—to justice,” Gaines said.

The Blue Mountain Clinic in Missoula, Montana, was firebombed in 1993, and the perpetrator was eventually arrested and convicted. A Planned Parenthood clinic in Spokane Valley was bombed in 1996. Four men, all members of a white supremacist anti-choice group, were convicted in the bombing.

All Families Healthcare, a family medicine and reproductive health-care facility in Kalispell, Montana, was severely vandalized in March of 2014. Zachary Klundt, who has connections to a local anti-choice group, was sentenced in June to five years in prison after he plead guilty in April to felony burglary, criminal mischief, and theft.

“It may not be a coincidence that a group of national anti-abortion extremists, including justifiable homicide advocate Matthew Trewhella, convened a weekend ‘conference’ in Northern Idaho just across the border from Washington just two months ago,” Gaines said.

A conference held on June 27 in Coeur d’Alene, Idaho, just a two-hour drive from Pullman, included an assortment of speakers associated with the radical anti-choice movement.

The Rev. Trewhella, a Milwaukee-based anti-choice leader and co-founder of the Missionaries to the Preborn, is convicted arsonist who was investigated in the 1990s for abortion clinic violence and served 14 months in prison for violation of the federal FACE Act.

The conference was hosted by the International Coalition of Abolitionist Societies at the Candlelight Christian Fellowship, and was attended by other individuals associated with the radical anti-choice movement including Rusty Thomas, Chet Gallagher, Jeremiah Smedra, and Scott Herndon.

Thomas is the director of Operation Save America, a radical anti-choice organization that routinely and aggressively targets abortion providers and local communities.

Gallagher, the assistant director of OSA, was fired by the Las Vegas Police Department in 1989, after participating in uniform in an Operation Rescue blockade of the entrance to a local abortion clinic. Gallagher served time in prison for using his uniform to gain access to a clinic, then destroying clinic property.  

Smedra and Herndon are both members of Northern Idaho chapter of Abolish Human Abortion, a radical anti-choice group with chapters around the country that stage protests featuring graphic photographs outside not only abortion clinics but also public schools and pharmacies.