Activism
New California Law Considers “Full Context” of Domestic Abuse Survivors’ Lives
Economic justice is a near-immediate, tangible solution to improve life for criminalized survivors of domestic violence. Many survivors hail from predominantly Black and Brown communities, which experience glaring income gaps, and oftentimes they take on the burden of childbearing while juggling the responsibilities of working and taking care of the children, she added.
Charlene Muhammad | Oakland Post
Advocates for victims of domestic violence, including organizations like the Family Violence Law Center in Oakland, are applauding a new California law that was introduced by Sen. Sydney Kamlager (D-Los Angeles). The legislation passed both the Assembly and Senate last fall. It was signed into law by Gov. Newsom in October, and it took effect Jan. 1.
Assembly Bill (AB) 124, also known as the “Justice for Survivors” bill, provides support to survivors of violence, including intimate partner violence, sexual violence, and human trafficking.
AB 124 makes provisions for California’s criminal justice system to consider the full context of a person’s circumstances and experiences throughout the court process.
“The idea is more trauma informed sentencing, but I think it starts even before survivors even enter the criminal justice system. I think it’s really important to focus on the responders to the crisis,” stated Nashi Gunasekara, Housing and Gender Justice advocate at the Family Violence Law Center, which advocates for justice and healthy relationships by helping diverse communities in Alameda County heal from domestic violence and sexual assault.
“How responders complete paperwork, their judgment and assessments can all very drastically change the trajectory of a survivor in the criminal justice system, to the point where they may not even enter it, she said. “That’s almost how decisive these those moments of crisis intervention can be.”
According to statistics released by the American Civil Liberties Union, nearly 60 % of female state prisoners nationwide and as many as 94 % of certain female prison populations experienced physical or sexual abuse before being incarcerated.
“Black women make up 25% of the incarcerated population in California, yet are only 5% of the adult population, demonstrating an overrepresentation of Black women in prison. Similar disparities exist for other individuals of color, including Latinx, Asian and Pacific Islander, and Indigenous communities,” states the “Justice for Survivors” fact sheet, dated May 26, 2021.
Advocates who supported AB 124 say the legislation is particularly useful for survivors who have been criminalized, because the idea is to take into account factors like a history of abuse or domestic violence, mental illness, and others that may lead to certain moments of crisis when charging or sentencing individuals.
“When you have the right people there, responding to these moments of crises where law enforcement may not be entirely equipped with the information and knowledge to assess those situations correctly, I think we’re not only helping survivors heal, but we’re helping communities as well,” Gunasekara explained.
Part of Family Violence Law Center’s work is helping people to recognize the ways in which survivors can get caught up in the criminal justice system. That includes curbing the continued stigma for survivors of domestic violence and sexual assaults by reversing cultural messages that place blame and responsibility for abuse on survivors themselves, said Marissa Seko, Family Violence Intervention Unit Manager at the organization.
It is important to get the message out about what real accountability looks like for people who have caused harm, she urged.
Power and control, in relationships and within the larger culture are fundamental, core structures that allow domestic violence to continue, according to Seko. One of her clients has been repeatedly victimized by her abuser calling police and filing false Child Protective Services reports as retaliation for trying to leave the relationship, Seko shared.
When a person who is causing the harm has more race or gender privilege than the person they are abusing, they can sometimes use the system against that survivor. That plays out in the ability to pay for lawyers, fight through family law boards, and believability when police are called, according to Seko.
Her agency commonly sees abusers using the system against survivors and weaponizing privileges they have against people with less knowledge or access, she said.
Economic justice is a near-immediate, tangible solution to improve life for criminalized survivors of domestic violence, according to Seko. Many survivors hail from predominantly Black and Brown communities, which experience glaring income gaps, and oftentimes they take on the burden of childbearing while juggling the responsibilities of working and taking care of the children, she added.
According to the National Network to End Domestic Violence, financial abuse occurs in 99% of domestic violence cases, and is often cited by victims of abuse as the main reason that they stayed with or returned to an abusive partner.
“It’s hard to survive or make decisions when one feels economically insecure,” said Seko.
Activism
Oakland Post: Week of April 24 – 30, 2024
The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024
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Activism
Oakland Post: Week of April 17 – 23, 2024
The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024
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Activism
Oakland Schools Honor Fred Korematsu Day of Civil Liberties
Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice. His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.
By Post Staff
Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice.
His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.
One OUSD school is named in his honor: Fred T. Korematsu Discovery Academy (KDA) elementary in East Oakland.
Several years ago, founding KDA Principal Charles Wilson, in a video interview with anti-hate organization “Not In Our Town,” said, “We chose the name Fred Korematsu because we really felt like the attributes that he showed in his work are things that the children need to learn … that common people can stand up and make differences in a large number of people’s lives.”
Fred Korematsu was born in Oakland on Jan. 30, 1919. His parents ran a floral nursery business, and his upbringing in Oakland shaped his worldview. His belief in the importance of standing up for your rights and the rights of others, regardless of race or background, was the foundation for his activism against racial prejudice and for the rights of Japanese Americans during World War II.
At the start of the war, Korematsu was turned away from enlisting in the National Guard and the Coast Guard because of his race. He trained as a welder, working at the docks in Oakland, but was fired after the bombing of Pearl Harbor in 1941. Fear and prejudice led to federal Executive Order 9066, which forced more than 120,000 Japanese Americans out of their homes and neighborhoods and into remote internment camps.
The 23-year-old Korematsu resisted the order. He underwent cosmetic surgery and assumed a false identity, choosing freedom over unjust imprisonment. His later arrest and conviction sparked a legal battle that would challenge the foundation of civil liberties in America.
Korematsu’s fight culminated in the Supreme Court’s initial ruling against him in 1944. He spent years in a Utah internment camp with his family, followed by time living in Salt Lake City where he was dogged by racism.
In 1976, President Gerald Ford overturned Executive Order 9066. Seven years later, the 9th Circuit Court of Appeals in San Francisco vacated Korematsu’s conviction. He said in court, “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.”
Korematsu’s dedication and determination established him as a national icon of civil rights and social justice. He advocated for justice with Rosa Parks. In 1998, President Bill Clinton gave him the Presidential Medal of Freedom saying, “In the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls … To that distinguished list, today we add the name of Fred Korematsu.”
After Sept. 11, 2001, Korematsu spoke out against hatred and discrimination, saying what happened to Japanese Americans should not happen to people of Middle Eastern descent.
Korematsu’s roots in Oakland and his education in OUSD are a source of great pride for the city, according to the school district. His most famous quote, which is on the Korematsu elementary school mural, is as relevant now as ever, “If you have the feeling that something is wrong, don’t be afraid to speak up.”
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