Divorced Father Begins 6-month Sentence for Refusing
to Sign “Confession”
Fathers' rights advocates say Stewart's case highlights abuses
Massachusetts News
QUINCY, August 18, 1999--After two years
of hearings, continuances, and courthouse protests, Harry Stewart was shackled
and taken to the Dedham House of Correction to begin serving his six-month
jail sentence last month.
Stewart had been sentenced to two-year's probation and a suspended six-month
sentence pending completion of a batterer's program. He was later denied
entry into the program run by a private company because he refused to sign
an admission document that required him to admit to acts of violence. Stewart
has never been violent, and his several counts of restraining order
violations are all of the no-contact provision, such as exiting his
car.
In Stewart's first appearance last month before Judge Mark Coven, of
Quincy District Court, he explained why he was refused admission to
the program, and stated his objections of conscience. Judge Coven then
referred Stewart to another program, with instructions to return back
later in the day. Stewart discovered that all the state's batterer's programs
have the same requirement of guilt admission, and he was unable to
persuade the program to allow him to enroll without admitting to crimes
he never committed.
Judge Coven banged the gavel of finality around 3 p.m. August 17 at
Stewart's third and final appearance before him that day. Stewart was tried
and convicted on June 21 of violating a 209A abuse protection (restraining
order) in 1997 when he left his car to assist his 5-year-old son return
to his mother's home. The conditions of the 209A order required him to
remain in his car at visitation pickup/drop-offs. Stewart's son was unable
to open the apartment complex outside door, and after futile attempts to
get his ex-wife's attention by honking his car horn, Stewart got out of
his car to help his son get in the home.
Stewart gave an emotional speech to the court, closing with "God save
the children," which was greeted by applause by his many supporters
from the Fatherhood Coalition present in the courtroom. Judge Coven
immediately ordered the supporters out of the courtroom. When the
sentence was pronounced, several battered women's advocates and women from
the district attorney's office showed their approval by clapping.
They were not ordered out of the courtroom.
Orwellian Batterer's Programs
The state's so-called "batterer's intervention programs" have a poor
success rate, probably due to the fact that many of their clients are innocent
men like Harry who attend as a condition for avoiding jail.
The programs subscribe to an orthodox, victim-feminist interpretation
of gender relations: abuse and control of women is inherent in the construct
of masculinity; men who refuse to admit to their gender crimes are "in
denial"; and the "theory of escalating violence." This theory holds that
if a man is "abusive" (as defined by domestic violence "experts" such as
EMERGE's David Adams) to any degree, he will eventually kill his wife/girlfriend
unless there is intervention. That is, an angry husband's look with eventually
result in homicide.
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"Batterer's" are evaluated by psychological "batterer's profiles" developed
by people from the domestic violence industry, who also provide training
materials for the state's judges that includes these nuggets of wisdom:
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"Partner's (or spouse's) accounts of physical abuse are usually the most
reliable and accurate sources of information about the perpetrator's level
of violence."
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"The partner's description of the perpetrator's violence should be regarded
as the most credible source of data on the perpetrator's dangerousness."
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Batterer's are "skilled manipulators, and thus can learn to give all the
right answers ... playing the role of someone who is developing tremendous
insight into the abuse problem." (Common Purpose).
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"Most offenders take months or longer to admit responsibility for their
behavior." (Common Purpose).
But batterer's programs hold the threat of imprisonment over their clients
by virtue of the power to fail them, violating their conditions for probation:
"State regulations require that batterer programs terminate batterers from
counseling if they have inadequate attendance, poor attitude or participation."
For men ordered into these programs, innocence is not a possibility.
Denial of guilt shows a "poor attitude," and cause for termination. In
such Kafkaesque circumstances, it's no surprise when batterers eventually
emerge from "denial." Many accused witches confessed in 1692 after the
Court of Oyer and Terminer declared that admitted witches would no longer
be executed.
Harry Stewart, man of conscience, didn't take the easy way out. He has
refused to go along and add his name to the burgeoning population of "batterers."