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Diane Balkin's Prototype Handout (for all trainers' uses and modifications)
“THE CRUELTY CONNECTION”
THE LINK BETWEEN CRUELTY TO ANIMALSAND VIOLENCE TOWARDS HUMANS
Presentation by [name of presenter, for example: DIANE BALKIN DEPUTY DISTRICT ATTORNEY 201 W. COLFAX AVE., DEPT. 801 DENVER, CO 80202 (720) 913-9098; e-mail: dxb@denverda.org]
[add this language when ready: In conjunction with the Colorado Bar Association Colorado Alliance for Cruelty Prevention]
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[Note: we’ll have to add CBA website and info to resource page when ready]
[Insert logo of group to whom presentation is being made or insert name of group]
(Date of Presentation) • (Location of Presentation)
THE LINK BETWEEN CRUELTY TOWARDS ANIMALS AND VIOLENCE TOWARDS HUMANS
I. HOW TO RECOGNIZE ABUSE
A. THE VICTIMS - It is impossible to say, how many animals are abused each year. It is estimated that 55% of all abuse cases result in the death of the animal because they are killed or have to be euthanized. 76% companion animals 15% farm animals 5% wildlife 2% exotic animals
B. THE PERPETRATORS Overall cases: 77% Male, 23% Female Hoarding cases: 57% female Intentional abuse cases: 89% male, 11% female 22% are teenagers 13 to 19; 2% are children under 13
C. THE VARIOUS FORMS OF ABUSE AND NEGLECT – Over half (59%) of animal cruelty cases involve intentional abuse or torture. Approximately 41% involve extreme neglect including starvation and failure to provide care.
1. Physical abuse: striking with hands or other objects, kicking, shooting, stabbing, drowning, throwing, torturing, mutilating, burning, hanging, poisoning, sexually abusing and killing. (includes animal fighting)
2. Physical endangerment: placing an animal in a hazardous environment that could cause serious injury or death.
3. Physical neglect: failing to provide food, water, shelter, and a sanitary environment.
4. Medical neglect: failure to provide the medical or dental care.
5. Hoarding: the accumulation of large numbers of animals; includes physical endangerment, physical neglect, and medical neglect
6. Abandonment: leaving an animal alone under circumstances that demonstrate an intentional renunciation of responsibility
II. WHAT TO DO WHEN YOU SUSPECT ABUSE
Many serious injuries or abnormal physical presentations are not a result of intentional abuse and should not raise suspicions of abuse or neglect. For example, an animal may have been hit by a car, or may be dead or injured due to the conduct of a predator. Remember, however, that cruelty can take many forms and does not always need to be injury that is inflicted “intentionally.”
A. The injury. Take into consideration the type of injury, the location of the injury, and the degree of force needed to produce the injury. Were there multiple types of injuries or multiple victims?
B. The explanation. Does the explanation satisfactorily explain the injury? Does the explanation contradict other, or more reliable accounts? What’s the relationship between the person providing the explanation and the animal? Be aware that the law may encompass reckless and negligent conduct on the part of the alleged perpetrator.
C. Any prior history of suspected abuse. The animal’s treatment history may be documented or prior illness or injury may be readily apparent due to the animal’s physical condition. Note, however, that the absence of prior injuries is not determinative. Be suspicious if the suspected abuser is known only to have new, young animals (under 2 years of age).
D. The behavioral indicators. Is the animal fearful of physical contact, is it lacking in curiosity? Is it overtly violent?
E. The common sense approach. Be alert, aware and open-minded. Trust your instincts.
III. IF YOU CONCLUDE THERE’S ABUSE
There’s appears to be no justification, authorization or mitigation for the act or omission. First of all, DO NOT compromise the timely treatment of the animal!
A. Document what is told to you. Pay attention to detail – who, what, when, where and how.
B. If possible, have a veterinarian examine the animal and conduct appropriate tests such as: x-rays, laboratory tests, physical examination, etc. Coordinate your request utilizing investigators with the Denver Dumb Friends League, the Colorado Bureau of Animal Protection, or Animal Control, or a veterinarian may be contacted via the Colorado Veterinary Medical Association.
C. Preserve evidence. If a death has or is likely to occur, keep the body or have the veterinarian keep the body to allow for a necropsy. There may be other physical evidence as well – a collar, a bullet fragment, suspicious chemicals (poison), etc. Treat it like you would treat any other crime scene.
D. If the animal is still alive, REMOVE THE ANIMAL TO A SAFE PLACE if you are in any way concerned about its welfare. If you are unable to do so yourself, contact representatives of the Denver Dumb Friends League, battered women’s shelters, Animal Control, or a veterinarian through the Colorado Veterinary Medical Association.
E. Treat the matter seriously. IV. WHY IT’S CRITICAL TO ACT
THERE’S A PROVEN CONNECTION BETWEEN VIOLENCE TOWARDS ANIMALS AND VIOLENCE TOWARDS HUMANS: “It has long been accepted by professionals who must assess dangerous populations that the best prediction for future behavior is past behavior.” (Alan C. Brantley, FBI Special Agent.) Animal cruelty is one of the most reliable warning signs for future violent conduct.
A. HISTORICAL PERSPECTIVE
1. William Hogarth (1697-1764): THE FOUR STAGES OF CRUELTY
2. The history of national and international Animal protection organizations and the development of anti-cruelty laws.
B. VIOLENT PERPETRATORS AND THEIR PRIOR HISTORY OF ANIMAL ABUSE. It is well documented that nearly all serial murderers and mass murderers abused or killed animals before harming people.
C. THE INTERPERSONAL OR “FAMILY” CONNECTION
1. The driving force behind domestic or other violent acts is to gain and maintain power and control or to vent frustration. Threatening to harm or in fact harming the family pet will keep the victim(s) compliant and silent. Abusers are often unable or unwilling to control their emotion or behavior and will often resort to violence towards anything or anyone.
2. In a violent household, there is often a child witness/victim. The child has to deal with the pain, injury, separation, grief and even loss of their companion animals. The home becomes a training ground for violence. This often results in “pecking-order” battering.
3. The community has to intercede at the earliest signs of abusive conduct. “One of the most dangerous things that can happen to a child is to kill or torture an animal and get away with it.” Anthropologist Margaret Mead (1964).
V. THE SOLUTION: BREAKING THE CYCLE OF VIOLENCE AND ABUSE.
“INTERVENTION + EDUCATION = PREVENTION.” All of the studies reveal the need for the community to create a task force to address this issue. Members of this “anti-violence coalition” must intercede at any and all signs of abusive conduct, particularly by children and teenagers. This requires a multi-disciplinary approach and must include participation from law enforcement officials; firemen; animal control officers and cruelty investigators; teachers; religious leaders; veterinarians; physicians; social service workers; treatment and service providers; shelter providers (human and animal); judges; prosecuting attorneys; probation officers; and general members of the community.
VIOLENT PERPETRATORS AND THEIR PRIOR HISTORY OF ANIMAL ABUSE
FACTORS IN THE ASSESSMENT OF DANGEROUSNESS IN PERPETRATORS OF ANIMAL CRUELTY
Randall Lockwood, Ph.D. Vice President, Research and Educational Outreach The Humane Society of the United States 2100 L Street NW, Washington DC, 20037
We are frequently called upon to assist cruelty investigators, law-enforcement officers, court officials or mental health professionals in evaluating the significance of an individual’s involvement in a particular act of animal cruelty as an indicator of dangerousness or possible risk for involvement of future acts of violence against others. The relatively low level of attention given to even the most serious acts of animal abuse has made it difficult to systematically or quantitatively assess the various factors that should be considered in evaluating the potential significance of various violent acts against animals. However, the following factors are suggested as relevant criteria in such evaluations. They are based on several sources including:
1. Retrospective studies of acts of cruelty against animals reported by violent offenders 2. Studies and reports of acts of animal cruelty committed prior to or in association with child abuse and/or domestic violence 3. Extrapolation from criteria used in threat assessment by the National Center for the Analysis of Violent Crime 4. Extrapolation from numerous studies on general characteristics of habitual violent offenders
There is, as yet, no absolute scale that determines when a particular collection of factors reaches critical levels. It is suggested, conservatively, that more than five of these aggravating factors should be cause for serious concern, and that more than ten can indicate a high potential that the offender has been or will be involved in serious acts of violence against people.
1. Victim vulnerability Acts of violence against victims that are particularly small, harmless or non-threatening by virtue of species, size, age, injury or disability are indicative of perpetrators particularly willing to gain a sense of power and control through violence against those least likely to retaliate, and thus should be considered at higher risk of aggression to children, the elderly, the disabled and other vulnerable victims.
2. Number of victims The selection of multiple victims killed or injured in the same instance suggests a greater potential for uncontrolled violence.
3. Number of instances within a limited time frame Several separate instances (e.g. attacks on animals at two or more locations) within a 24 hour period reflect a predatory style of attack that is suggestive of organized and premeditated violence against others.
4. Severity of injury inflicted (on continuum from minor injury to death of victim).
5. Repetition of injuries on individual victim(s) In general, perpetrators who have inflicted multiple blows, stab wounds, etc. on one or more victims should be considered a higher risk.
6. Multiple forms of injury to individual victim(s) Perpetrators who inflict two or more forms of injury (e.g. burn and bludgeon) should be considered a higher risk.
7. Intimacy of infliction of injury Abuse that involves direct physical contact or restraint and obvious opportunity to witness the victims response (e.g. beating, strangling, crushing, hanging, stabbing) may be a more serious indicator than actions that are more remote (e.g. shooting, poisoning, vehicular injury).
8. Victim(s) is bound or otherwise physically incapacitated Abuse that includes binding, tying, securing with duct tape, confining in a box or bag or otherwise rendering the animal incapable of escape (e.g. crippling) is suggestive of a higher degree of intentional, premeditated violence.
9. Use of fire A large body of criminological and psychological literature points out the connection between animal cruelty and arson as significant predictors of violent and even homicidal behavior. The combination of these factors, i.e. the intentional burning of a live animal should be considered particularly significant as an indicator of the potential for other violent acts.
10. Duration of abuse Acts of prolonged maltreatment (e.g. torture) rather than sudden or instantaneous death are more indicative of potential for repeated violence against others
11. Degree of pre-planning or premeditation Acts that were premeditated rather than reactive or opportunistic and which involved assembling tools or instruments of injury are more suggestive of high risk. Very long term planning (e.g. several days or weeks) suggests possibility of psychopathic thought processes as contributing factor.
12. Act involved overcoming obstacles to initiate or complete the abuse Abuse that involves risk or effort (e.g. climbing barrier, breaking and entering, etc.) or pursuit of a victim that escapes initial attack, is indicative of highly motivated violent behavior and thus should be considered an indicator of greater risk for future violence.
13. Act was committed with high risk of detection or observation Animal cruelty that is perpetrated in public or with high probability of detection should be considered indicative of low concern for consequences of the perpetrator=s acts, and thus an indicator of risk for other violence
14. Other illegal acts were committed at the scene of the animal cruelty Personal and property crimes occurring in conjunction with the commission of animal cruelty, (e.g. vandalism, theft, threats to assault on owner or witness) should be considered indicative of higher risk for other violent and/or criminal acts.
15. Individual was the instigator of an act involving multiple perpetrators Although the perpetration of many acts of violence may be more likely in a group setting, particular attention should be paid to instigators of such group violence against animals.
16. Animal cruelty was used to threaten, intimidate or coerce a human victim Killing or injuring animals to exercise control or threats over others, especially those emotionally attached to those animals, should already be considered a form of emotional abuse and a behavior that, by definition, already involves violence against people.
17. Act of animal cruelty was indicative of hypersensitivity to real or perceived threats or slights. Violent perpetrators often misread cues and intentions of others as indicative of threats, taunts, etc. Acts of violence against animals conducted with this motivation can be considered indicative of a high-risk response to social problems.
18. Absence of economic motive While an economic motive (e.g. killing and stealing animal for food) does not excuse animal cruelty, the presence of an economic motive, in the absence of other aggravating factors, may suggest a mitigating factor that could decrease the assessment of risk for future violence. Conversely, the lack of such a motive suggests the act was rewarding to the perpetrator by itself.
19. Past history of positive interactions with victim Instances of animal abuse in which the perpetrator has previously interacted positively or affectionately with the victim (e.g. acts against one’s own pet) suggest instability in relationships that can be predictive of other types of cyclic violence such as domestic abuse.
20. Animal victim was subjected to mutilation or postmortem dismemberment Mutilation is usually associated with disorganized motives of power and control which are often associated with interpersonal violence.
21. Animal victim was sexually assaulted or mutilated in genital areas or perpetrator indicated sexual arousal as a consequence of the abuse The eroticisation of violence should always be considered a potential warning sign for more generalized violence. A past history of sexual arousal through violent dominance of animals has been characteristic of many serial rapists and sexual homicide perpetrators.
22. Act of cruelty was accompanied by indicators of sexual symbolism associated with the victim Written or spoken comments indicating that the perpetrator viewed the animal as representative of a substitute human victim (e.g. “that pussy had to die”, “the bitch deserved it”) should constitute a serious warning sign of the potential for escalation of violence to a human target.
23. Perpetrator projected human characteristics onto victim If other evidence suggests perpetrator viewed the animal victim as a specific human individual or class of individuals, this may indicate that the violence could be a rehearsal for related acts against human victims.
24. Perpetrator documented the act of animal abuse through photographs, video or audio recording, or diary entries The memorializing or documentation of cruelty indicates that acts of violence are a continuing source of pleasure for the perpetrator, a serious indicator that such violence is strongly rewarding and very likely to be repeated and/or escalated.
25. Perpetrator returned at least once to scene of the abuse, to relive the experience As above, the continuation of the emotional arousal experienced during the perpetration of cruelty is an indicator of significant likelihood of reenactment, repetition or escalation of the violence to reach the same rewarding emotional state.
26. Perpetrator left messages or threats in association with the act of cruelty Using violence against an animal as a form of threat or intimidation is often symptomatic of more generalized violence. The additional intimidation of written or verbal threats (e.g. notes left with an animal body or letters sent to someone who cared about the animal), are strongly indicative of potential for escalated violence.
27. Animal victim was posed or otherwise displayed Positioning or displaying the body of a victim (e.g. on front steps, in mailbox), or wearing or displaying parts of the remains (e.g. skins, paws) can be indicative of the use of such violence to gain feelings of power, control and domination - or to alarm or intimidate others. This should be considered a serious warning sign of potential for escalated or repeated violence.
28. Animal cruelty was accompanied by ritualistic or “satanic” actions Animal cruelty accompanied by “satanic” or other ritualistic trappings suggests an active effort to reject societal norms or attempts to seek power and control through magical thought processes, which may escalate to fascination with the application of such ritual to human victims.
29. Act of abuse involved staging or reenactment of themes from media or fantasy sources The reenactment of cruelty to animals in ways the perpetrator has been exposed to through media or fantasy sources (including video games) can be indicative of weak reality testing and a greater likelihood of copying other media portrayals of violent acts against human victims.
30. Perpetrator reportedly experienced altered consciousness during the violent act Acts that are accompanied by blackouts, blanking, de-realization or depersonalization should be considered indicative of thought disorders that could contribute to acts of violence against human victims.
31. Perpetrator reportedly experienced strong positive affective changes during the violent act Violent or destructive acts that are reportedly accompanied by strong positive affect (laughter, descriptions of a “rush”, exclamations of generalized or sexual excitement) indicate that such violence is being strongly reinforced and is likely to be repeated and/or escalate.
32. Perpetrator lacks insight into cause or motivation of the animal abuse Repeat violent offenders often display little or no insight into the motivation of their violent acts.
33. Perpetrator sees himself as the victim in this event and/or projects blame onto others including the animal victim Repeat offenders and those resistant to intervention are less likely to take responsibility for their actions and often offer self-serving, fanciful or bizarre justifications for their actions.
STATUTES AND ORDINANCES (EXCERPTS)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COLORADO (STATE) CRIMINAL CODE 2003 CRUELTY TO ANIMALS
Section 18-9-201.: Definitions.
(1) "Abandon" means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.
(2) "Animal" means any living dumb creature.
(3) "Mistreatment" means every act or omission that causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.
(4) "Neglect" means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.
Section 18-9-202. Cruelty to animals--aggravated cruelty to animals--neglect of animals—offenses
(1) (a) A person commits cruelty to animals if he or she knowingly, recklessly or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather, or abandons it.
(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.
(1.5)(a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.
(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.
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COLORADO AGRICULTURE - ANIMAL PROTECTION ACT Section 35-42-109. Protection of animals mistreated, neglected, or abandoned.
No animal shall be mistreated or neglected to such degree or abandoned in any circumstance so that the animal’s life or health is endangered.
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DENVER MUNICIPAL CODE
CHAPTER 8, ARTICLE VII. CRUELTY TO ANIMALS
Sec. 8-131. Cruelty to animals prohibited.
(a) It shall be unlawful for any person to needlessly beat, inflict violence upon or kill, or to overdrive, overload, drive when overloaded, overwork, torture or mutilate, or to otherwise treat in a cruel, dangerous or inhumane manner, any animal, or to cause any of such acts to be done.
(b) It shall specifically be cruel, dangerous or inhumane for any person to:
(1) In a public place, transport or keep an animal in or on any motor vehicle or trailer unless the animal is safely restrained.
a. As used in this section, restrained is defined as enclosed within a vehicle or trailer with no openings large enough to permit the animal to exit the vehicle or trailer on its own, or placed within a secured container, cage or other enclosure sufficient to prevent the animal from falling from, being thrown from or jumping from the vehicle.
b. As used in this section, public place is defined as any place open to and generally used by the public, whether publicly or privately owned, including, but not limited to, streets, highways, alleys, parking lots, schools and commercial establishments.
(2) Leave an animal in an unattended vehicle either without adequate ventilation or in any manner which subjects the animal to extreme temperatures that are dangerous or detrimental to the animal's health or welfare.
(3) Tether and leave, or permit to be left, unattended any animal on a leash, cord or chain of less than six (6) feet in length for longer than one (1) hour.
Sec. 8-132. Neglect of animals prohibited.
It shall be unlawful for any person having care, custody or control of any animal to fail to provide such animal with food sufficient for the species, potable water and adequate shelter from the weather, or to cause any of such acts to be done.
Sec. 8-134. Abandonment.
It shall be unlawful for any person to abandon any animal or to cause an animal to be abandoned. Abandonment is defined as the leaving unattended of any animal, by a person previously having care, custody or control of the animal, for at least seventy-two (72) consecutive hours.
RESOURCES: NATIONAL AND INTERNATIONAL
American Humane Association: www.amerianhumane.org; Tel. No. (303) 792-9900 National Headquarters: 63 Inverness Drive East, Englewood, CO 80112; (866) 242-1877
Animal Abuser Database: www.pet-abuse.com
Animal Defense Global for world-wide information and organizations: http://www.animalinks.net/links/inter.html
Anti-Cruelty Statutes: www.animal-law.org
American Society for the Prevention of Cruelty to Animals (ASPCA): www.aspca.org Home of “Animal Precinct;” great links to animal protection groups
ASAIRS: The Animal Sexual Abuse Information & Resource Site: www.asairs.com This site is devoted to the education, awareness, and prevention of animal sexual abuse, also known as zoophilia or bestiality
AVMA: American Veterinary Medial Association: www.avma.org
DVERT: Domestic Violence Enhanced Response Team, Colorado Springs, CO www.dvert.org or call (719) 444-7813 or email info@dvert.org – wonderful example of a multi-disciplinary approach to this issue
Humane Society of the United States (HSUS): www.hsus.org, then select “First Strike”
www.municode.com for Municipal codes
New York State Humane Association – Manual on How to Investigate Animal Cruelty www:nyshumane.org/, then select “Manual”
People for the Ethical Treatment of Animals (PETA): www.peta.org - Activists that campaign for the rights of animals. (www.petaenespanol.com – Spanish version)
PSEYTA – Psychologists for the Ethical Treatment of Animals: www.pseyta.org – valuable information regarding the AniCare Model of Treatment for Animal Abusers
Royal Society for the Prevention of Cruelty to Animals (RSPCA): www.rspca.org.uk
www.spca.org is the website for the SPCA of Texas. This is an excellent website.
Tufts University School of Veterinary Medicine – Center for Animals and Public Policy – excellent site for information on TACC (Tufts Animal Care and Condition Scales), on animal hoarding, and on forensics: www.tufts.edu/vet/cfa/ and www.tufts.edu/vet/forensics/
For information on serial killers and mass murderers: www.crimelibrary.com/serialkillers.html
RESOURCES: DENVER & COLORADO
American Humane Association – see above
Aurora Animal Care Division: 15750 E 32 Ave, Aurora, CO 80011 (303) 326-8281
Aurora Center for Treatment – Ms. Joey Wolf, M.A.: (303) 340-8990 – local expert on the AniCare Model of Treatment for animal abusers
State of Colorado, Department of Agriculture, Bureau of Animal Protection: Dr. Keith Roehr, Veterinarian: (303) 239-4161; www.ag.state.co.us/animals/bureau.html
[add when ready: Colorado Alliance for Cruelty Prevention – part of the Colorado Bar Association]
Colorado District Attorneys Council: (303) 830-9115 (to locate your local D.A.)
Colorado Federation of Animal Welfare Agencies – CFAWA: www.cfawa.org Excellent website to locate a local welfare agency or animal control professional
Colorado Horse Rescue – Longmont, CO (720) 494-1414, www.chr.org
Colorado Veterinary Medical Association – (303) 318-0447; www.colovma.com
Diane Balkin: Denver District Attorney’s Office – 201 W. Colfax Ave., Dept. 801 (720) 913-9098; dxb@denverda.org
Dumb Friends League: www.ddfl.org – great links to other organizations, (303) 696-4941; 2080 S. Quebec; Cruelty investigations: (303) 923-0022: Barbara Novoryta, Director
Denver Municipal Animal Shelter: 678 S. Jason, (303) 698-0076 Doug Kelley, Director; www.denvergov.org/AnimalControl/
Denver Neighborhood Inspection and Code Enforcement: (sanitation and zoning issues) Gregory McKnight: (720) 865-3200; www.denvergov.org/Inspection_Services/
DVERT: Domestic Violence Enhanced Response Team, Colorado Springs, CO www.dvert.org or call (719) 444-7813 or email info@dvert.org – wonderful example of a multi-disciplinary approach to this issue
Horse Protection League – Golden, CO: (303) 526-2317, www.hpl-colo.org
Mountain States Horse Rescue and Rehab – 8154 County Road 3, Joes, CO 80822; (970) 358-4548; www.geocities.com/mshrr/
“AN OVERVIEW FOR LAW ENFORCEMENT PROFESSIONALS”INCLUDES THE FOLLOWING ADDITIONAL PROVISIONS AND RESOURCES:
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DENVER POLICE DEPARTMENT - OPERATIONS MANUAL
104.50 Domestic Violence … also includes any other crime against a person or against property when used as a method of coercion, control, punishment, intimidation or revenge …
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Referring Person REFERRAL FORM NAME:_____________________________________________________Date:______________________________ Agency/Relationship:___________________________________Agency Case #________________________ Phone:________________________________Best time to reach you:_________________________________
SS#_______________________MNI#______________ Address___________________________Apt#_______ City___________________State______Zip_________ Phone (H)___________________(W)______________ Previous addresses____________________________ Relationship to Victim_________________________
Children (Information on ALL children required. Please continue information on reverse if needed.) Name DOB Race School/district/daycare Lives with? ______________________ ___________ __________ ______________________ ________________________ ______________________ ___________ __________ ______________________ ________________________ ______________________ ___________ __________ ______________________ ________________________
DOMESTIC VIOLENCE HISTORY:
1. Most recent incident (describe briefly): 2. Most recent contact (when, where, what): 3. Most severe incident (when, where, etc). 4. Is there are restraining order? ____yes _____no Is there any other court order? What? Dates of recent violations: 5. How long have they been together? Are they still together? ___yes ___no In same home? ___________ 6. When did domestic violence start? 7. Has medical care ever been needed? ___yes ___no When/where? INJURIES/BEHAVIORS (please check all that apply):
8. Is there any substance use/abuse involved? ___yes ___no What:___________________________________________________ 9. Is the offender incarcerated? ___yes ___no Date of release:________________________Probation________________________
10. Have there been threats to the victim (describe): 11. Has there been abuse to children? ___yes ___no What____________________ When __________________________________ 12. Have there been threats involving the children? ___________________________________________________________________ 13. Has there been abuse to others? ___yes ___no What:_____________________When___________________________________ 14. Have there been threats involving others? ________________________________________________________________________ 15. Has there been abuse to pets? ___yes ___no What:_______________________When___________________________________ 16. Have there been threats to pets?__________________________________________________________________________________
PLEASE ATTACH ADDITIONAL COMMENTS AND REPORTS
INCLUDES THE FOLLOWING ADDITIONAL RESOURCES:
COLORADO STATE STATUTES
Colorado Criminal Code “Cruelty to Animals” – C.R.S. §18-9-201, et. seq.
State Department Agriculture Act of 1949 “Animal Protection Act” – C.R.S. 35-42-101, et. seq.
Colorado Veterinary Practice Act “Immunity for Reporting” – C.R.S. 12-64-121
Colorado Children’s Code“Persons Required to Report Child Abuse or Neglect” – C.R.S. 19-3-304 “Immunity From Liability” – C.R.S. 19-3-309
COLORADO CASE LAW
Waters v. People, 46P.2d 112 (Colo. 1896). Describes why shooting doves for the purpose of target practice is covered by our cruelty statute. Great historical discussion. McCausland v. People, 58 Colo. 303, 145 P. 685 (1914). Malice is not an essential ingredient. This section embraces separate and distinct offenses. The offense denounced was not a crime or misdemeanor at common law, and therefore malice is not a necessary ingredient since not expressly made so by statute. Holt v. Mundell, 107 Colo. 373, 112 P.2d 1039 (1941). Test was whether acts done intentionally. It was immaterial where the poisoning took place or what other means were used, in addition to the poison, to bring about the injurious result. Neither invitation nor trespass was essential. The important test was that the acts were done intentionally, and that the cattle were killed or injured as a result thereof. People. v. Allen, 657 P.2d 447 (Colo. 1983). Finds that the cruelty statute is not unconstitutionally vague. Great analogy to the statutory provisions related to child abuse. People v. Wilhelm, 676 P.2d 702 (Colo. 1984). Finds that it is not unconstitutional on equal protection grounds. People v Bergen, 883 P.2d. 532 (Colo. App. 1994). Upholds the constitutionality of the dog-fighting statute.
“AN OVERVIEW FOR THE VETERINARY PROFESSIONAL”
HAS A SUBSITUTE SECTION III AND ADDITIONAL ATTACHMENTS:
III: IF YOU CONCLUDE THERE’S ABUSE - If there appears to be no justification, authorization or mitigation for the act or omission:
A. DOCUMENT WHAT IS TOLD TO YOU. Pay attention to detail – who, what, when, where and how. Be aware that your records may become part of a criminal investigation and will be provided to the prosecution and the defense. Document everything as soon as possible, while it is fresh in your mind.
B. CONDUCT A THOROUGH EXAMINATION INCLUDING APPROPRIATE TESTS. Document everything. Remember, it never hurts to have a second opinion or an additional observer.
C. PRESERVE EVIDENCE. There may be visible and physical evidence related to the animal’s injury or the individual’s account of what transpired. If possible, photograph the injuries and other evidence before the condition is altered. DO NOT, however, compromise the timely treatment of the animal! Preserve any photographs and physical evidence in a safe place where their condition won’t deteriorate and cannot be altered. Physical evidence may include such things as a collar, a bullet fragment, scorched fur, blood samples, etc. Place identifying marks (such as your initials and case#) on these items. If a death has or is likely to occur, keep the body to allow for a necropsy.
D. If the animal is still alive, KEEP THE ANIMAL if you are in any way concerned about its welfare.
E. REPORT THE SUSPECTED ABUSE. Call your local police department or animal welfare agency. Most veterinary practitioners feel an ethical obligation to report yet few feel it should be mandatory. 78.9% of veterinarians believe they have seen at least one patient with injuries that may have been inflicted by a client or family member, yet only 36.4% reported it. The factors that may inhibit reporting are counter-balanced by the need to break the cycle of violence. This is not only an animal welfare issue; it is a public safety issue.
COLORADO STATUTES REGARDING REPORTING
“GOOD SAMARITAN LAWS”
PROVISIONS REGARDING CRUELTY TO ANIMALS
Section 12-64-121. Cruelty to animals – immunity for reporting.
Any veterinarian licensed in this State who reports, in good faith and in the normal course of business, a suspected incident of animal cruelty as described in section 18-9-202, Colorado Revised Statutes, to the proper authorities shall be immune from liability in any civil or criminal action brought against such veterinarian for reporting such incident.
PROVISIONS REGARDING CHILD ABUSE
Section 19-3-304 - Persons required to report child abuse or neglect.
Any veterinarian who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect shall immediately report or cause a report to be made of such fact to the county department or local law enforcement agency.
Section 19-3-309 - Immunity from liability - persons reporting.
Any person, other than the perpetrator, complicitor, coconspirator, or accessory, participating in good faith in the making of a report, in the facilitation of the investigation of such a report . . . shall be immune from any liability, civil or criminal, or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person's behavior was willful, wanton, and malicious. For the purpose of any proceedings, civil or criminal, the good faith of any such person reporting child abuse . . . shall be presumed.
AMERICAN VETERINARY MEDICAL ASSOCIATION
“The AVMA’s recognizes that veterinarians may have occasion to observe cases of cruelty to animals, animal abuse, or animal neglect as defined by state law or local ordinances. When these observations occur, the AVMA considers it the responsibility of the veterinarian to report such cases to the appropriate authorities. Such disclosures may be necessary to protect the health and welfare of animals and people.”
VETERINARIAN'S STATEMENT ANIMAL EVALUATION FORM
Animal belonging to ___________________________________________________________________
Animal found on the premises of _________________________________________________________
Located at (complete address) ___________________________________________________________
ID# assigned to animal: _______ Species: _________ Breed: ____________ Sex ___ Weight ________
Approx. age: ____________ Description (color/markings) _____________________________________
____________________________________________________________________________________
I, _______________________________ am a veterinarian licensed in the State of __________________ (please print name)
I am responding to a request by (agency) _________________________________________ to evaluate the above-identified animal.
I hereby certify that this animal exhibits the following:
¨ presumed neutered/spayed ¨ unneutered/unspayed ¨ pregnant ¨ nursing ¨ in heat ¨ evidence of previous litters (enlarged nipples/vulva)
¨ emaciation ¨ multiple bite wounds ¨ arthritis, other lameness ¨ dehydration ¨ tumors, other growths ¨ overgrown nails/hooves ¨ excessive hair loss ¨ abscesses ¨ earmites/infection ¨ severe itching ¨ diarrhea ¨ eye infection ¨ mange ¨ urine scalding ¨ generalized debility ¨ dermatitis ¨ dental problems ¨ internal parasites ¨ flea dirt ¨ respiratory infection (indicate type below) ¨ ticks ¨ heartworm symptoms
Other (e.g., other afflictions, comments on weight, observations of behavior, etc.): __________________ ____________________________________________________________________________________ ____________________________________________________________________________________
Check here if animal was euthanized: ¨ I hereby cel1ify that this animal is so maimed, diseased, disabled or infirm as to require euthanasia to be spared suffering. Euthanasia is appropriate for this animal, whose symptoms are as described above.
In a written instrument, any person who knowingly makes a false statement herein which such person does not believe to be true has committed a crime under the laws of the State of ___________________ punishable as a Class ______ (felony)(misdemeanor) pursuant to (statute):_______________________.
________________________________________________________ _________________________ Signature of Veterinarian Date
¨ Animal kept on premises or ¨ Relocated to ____________________________________________ Date _____________________
Form prepared by New York State Humane Association, PO Box 3068, Kingston, NY 12402 – 8/2000
HENNEKE (HORSE) BODY CONDITION SCORING SYSTEM
TACC (Tufts Animal Care and Condition) Scales
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Name _______________________________________
DOB_________________Race_________Sex______
SS#_____________________MNI#_______________
Address__________________________Apt#_______
City___________________State______Zip________
Phone (H)_________________(W)_______________
Safe/message #_____________________________
Previous addresses__________________________
Employer