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- <text id=89TT0839>
- <title>
- Mar. 27, 1989: Beware Of Paper Tigers
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1989
- Mar. 27, 1989 Is Anything Safe?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 104
- Beware of Paper Tigers
- </hdr><body>
- <p>A brutal Indiana killing raises questions about the limits of
- court protection for battered women
- </p>
- <p>By Janice C. Simpson
- </p>
- <p> Lisa Bianco was afraid of her husband. So when she decided
- to end years of beatings and other abuse by divorcing him, she
- got an order of protection warning him to stay away. But Alan
- Matheney continued to intimidate her, Bianco complained, and
- eventually abducted the couple's two young daughters, then 6 and
- 2. When police caught up with him more than 650 miles away, in
- Wilmington, N.C., they extradited Matheney back home to
- Mishawaka, Ind. Bianco pressed charges, but Matheney was
- released after posting $1,000 bail. Other arrests for beatings
- followed, as did another release. Finally, in 1987, faced with
- charges that included illegal confinement, rape and assault,
- Matheney plea-bargained his way to a reduced charge that
- resulted in a sentence of eight years in the state prison.
- </p>
- <p> But Bianco did not rest easy. When she learned two months
- ago that her ex-husband was eligible for a pass under the
- prison's furlough program, she appealed to the local prosecutor
- for help. "We told them it was not appropriate or wise to
- release him," recalls St. Joseph County Prosecutor Michael
- Barnes. "We said we wanted to be notified if and when he ever
- came up for another pass." Matheney was denied that furlough,
- but earlier this month prison officials did grant him an
- eight-hour pass without notifying Barnes or Bianco. Matheney
- drove to Mishawaka and, according to authorities, broke into
- Bianco's home, then beat her to death outside with the butt of
- a shotgun, as neighbors watched in horror.
- </p>
- <p> Bianco's tragic fate has become all too common in the U.S.
- About 2 million women are battered by their husbands or lovers
- each year; 1,500 of those victims died in 1987, the last year
- for which complete statistics are available. The most common
- advice offered battered women is for them to leave the men who
- abuse them. But experts say some men, panicked by loss of
- control over their previously cowered partners, become even more
- violent after separation. "It's extremely rare that you read
- about a man who has beaten a woman to death while she's living
- with him," says Ellen Pence of the Domestic Abuse Intervention
- Project in Duluth, Minn. "It's when she leaves him that he
- kills."
- </p>
- <p> April LaSalata of Brentwood, N.Y., for example, sought to
- escape the bashings of her husband Anthony by divorcing him and
- obtaining an order of protection. Ignoring the order, Anthony
- broke into his ex-wife's home last year and stabbed her with a
- hunting knife, leaving a scar that ran from her throat to her
- pubic bone. Police arrested him, but he soon got out on bail and
- resumed harassing April. Two months ago, Anthony shot his wife
- to death, then committed suicide.
- </p>
- <p> Like Lisa Bianco and April LaSalata, many women seek orders
- of protection to shield themselves from such wrath. As those
- two tragedies illustrate, however, such orders are often no more
- than paper tigers. Although provisions vary from state to state,
- all the laws subject men who violate these court orders to fines
- or jail terms. Yet men are seldom arrested for violations --
- short of murder -- unless they are on the premises when police
- arrive. Meanwhile, the courts, still uncomfortable with domestic
- violence and faced with crowded prisons, tend to deal leniently
- with offenders.
- </p>
- <p> Lawyers for battered women continue to champion orders of
- protection as important signals to the outside world that a
- woman is serious about changing her life. Orders can also
- provide useful evidence for custody battles or other legal
- encounters. But until would-be violators know that the
- criminal-justice system will treat them as seriously as other
- criminals, court orders cannot provide the one thing that
- battered women need most: safety.
- </p>
- <p> Duluth is a city that makes a serious effort to provide
- protection. Heeding studies showing that men who spend time
- behind bars are less likely to assault their partners again, its
- police department was the first in the U.S. to institute
- mandatory arrest for suspected batterers. Similarly, the city's
- prosecutors vigorously pursue those who violate protection
- orders. But perhaps the most important aspect of the Duluth
- program is that it requires batterers to attend at least six
- months of counseling classes. A man who misses two meetings
- risks having to serve up to ten days in jail. Follow-up studies
- done two years after the program started show that about 80% of
- the women whose partners went through the program were no longer
- being battered. "It's made a big difference in our life," says
- a woman whose boyfriend attended the classes two years ago.
- "Without that program we would have broken up, because I know
- he would have beaten me again."
- </p>
- <p> Sometimes, though, even the best efforts are not enough. If
- a woman "truly needs an order because a man is going to kill
- her, then a restraining order really isn't going to do
- anything," says Barbara Shaw, director of Project Safeguard, a
- program for battered women in Denver. "Sometimes there aren't
- a lot of safeguards other than disappearing." Lisa Bianco seemed
- to have accepted that sad fact. She told friends she wanted to
- improve her work skills, save some money and then move away
- before her ex-husband was eligible for parole next year. Denied
- the warning that she had requested -- and had every right to
- expect -- she apparently never got the chance to run for her
- life.
- </p>
-
- </body></article>
- </text>
-
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