Same-Sex Domestic Violence Data: SF Numbers Low

October is Domestic Violence Awareness Month, and for the first time, the San Francisco District Attorney's office has released some of the domestic violence data it's been collecting electronically as it works to modernize its systems.

The data, provided to the Bay Area Reporter at the paper's request, show that about 3 percent, or less than one in 10, of the domestic violence-related cases charged involved same-sex defendants and victims.

Of the 238 incidents charged from October 2013 through August 2014, only eight were same-sex. Six of those involved men, while the other two cases were women.

Assistant District Attorney Marshall Khine, who was then the managing attorney for the DA's Domestic Violence Unit, said in January it was "hard to say" whether there's underreporting.

"It could be that there are fewer domestic violence cases in the LGBT community," Khine said, adding, "I certainly have no doubt that in every community, far more goes on than is reported."

In response to emailed questions earlier this month, Alex Bastian, a spokesman for the DA's office, couldn't say how many cases have been referred to the agency but not charged, whether they involved LGBT or opposite-sex relationships.

However, Bastian said, "Domestic violence cases involving same-sex couples can be more challenging as it relates to self-defense claims, particularly when both parties are of similar size and weight."

Hediana Utarti is the community projects coordinator for San Francisco's Asian Women's Shelter, which offers a shelter, a crisis line, and other services for people who are experiencing domestic violence. Despite its name, the agency is open to all survivors.

Utarti said in a recent email exchange that her agency hasn't completed statistics for 2013-14, but "we usually support about 66 to 70 clients a year" inside and outside the shelter.

Last year, the group served four LGBT survivors, and this year, there are nine, she said.

The increase "has something to do with the fact that our LGBT population has become more comfortable to call a non-LGBT agency" such as hers, Utarti said.

Some Findings

The way the charging data were entered makes it hard to do a quick analysis to find what the most common charges were. In the majority of cases, multiple charges have been lumped together, and inconsistent data entry is another hurdle.

However, a look at the data indicates causing bodily injury to or battering a current or former partner are the most common violations, regardless of orientation.

Same-sex cases aren't by any means concentrated in the largely gay Castro neighborhood. Two of the cases are from the Mission police station, which oversees the Castro and other neighborhoods, but there were also reports made from the Tenderloin and other districts.

The data don't include people's ages. The DA's office didn't provide victims' names or outcomes of charged cases.

There are some cases where the genders of the people involved aren't clear. For example, one relationship is listed as "Dating cohabitants."
Former Twitter engineer Dana Contreras pleaded guilty earlier this month to charges stemming from domestic abuse. Photo: Courtesy SFPD

One case of LGBT domestic violence drew national media attention recently. Dana Contreras, 33, a transgender former Twitter senior staff engineer whose name is also listed in court documents as Dana McCallum, pleaded guilty to domestic violence earlier this month and was sentenced to three years of probation after agreeing to a plea deal. Her sentence also includes a 52-week batterer intervention course, among other terms.

Domestic violence in the LGBT community is often ignored, and in an interview, Contreras's wife said there's "largely" been silence from the LGBT and feminist communities about the case.

She said both she and Contreras, who are in the process of divorcing, have been advocates for the communities, but "they're afraid to process" what happened.

Contreras's wife, who asked that her name not be published, said officers were "very helpful" with her and took her to San Francisco General Hospital, and she's received free trauma counseling.

Contreras's attorney has previously stated that neither she nor Contreras would comment on the case.

Services can be lacking for defendants, though.

Bruce Atwater, a gay criminal defense attorney who's representing a man charged in one of the San Francisco LGBT domestic violence cases, said, "nothing has been offered to [the defendant] in terms of services."

He said therapy or a support group "would be something that would be good to have. It's just as traumatic for the alleged perpetrator as it is for the alleged victim. ... Domestic violence isn't necessarily a one-way situation. It's often back and forth."

Atwater's client, who didn't want his name published, said he's been falsely accused in the case, and he said his former partner has harassed him. He's sought counseling on his own. The man's ex-partner wouldn't agree to an interview.

Many of the people on probation for domestic violence in San Francisco take part in state-mandated 52-week batterer intervention programs, but there's a lack of data showing whether the courses are effective. Both Public Defender Jeff Adachi and District Attorney George Gasc-n have expressed a lack of confidence in the programs.

Referrals

There were 87 cases overall where the DA's office didn't charge the defendants but instead, in most of those cases, moved to revoke probation. Among those cases, five, or almost 6 percent, involved people of the same sex. Four involved men, one involved a female couple, and one involved a man and a transgender person. (The data don't specify whether the transgender person is male or female.) The data don't show what crimes the older cases were based on.

Additionally, the DA's office didn't file charges in some instances but referred those cases to other offices.

"At times, we have insufficient evidence to charge a case," Bastian said. "However, if the suspect is on parole or probation in another county, we refer the case to those respective agencies."