If Police Won't Enforce a Restraining Order...

Incredibly powerful, must-read piece from COVER GIRLS:

If mainstream headlines continue to favor stories of women in danger based on the subjects' attractiveness and social status, then the strength of Jessica Lenahan (formerly Gonzalez) and the international legal ramifications of her case are sure to be ignored. But where commercial journalism fails, the need for publicity can be met by activists, bloggers, and groups such as the Inter-American Commission on Human Rights.

[In October, 2008], Lenahan will testify before the continental commission in a case which she has been battling the U.S. criminal justice system on for nearly a decade, and with no success. It all started when Colorado local police refused to enforce a restraining order against her husband, who had kidnapped her three daughters. Any faith in the authorities of America protecting her and her family dwindled even further when the Supreme Court held that the state of Colorado was not responsible for responding to Lenahan's calls for help, even though her husband ended up murdering the three girls. If an individual is enough of a threat that he has been legally issued to stay away from his wife and children, then wouldn't common sense (along with morality and safety) establish that this same legal system be obligated to see the entire process through when additional prevention and protection become necessary?

This is one of the many questions Lenahan is trying to have answered. Here is her story in her own words.

My name is Jessica Lenahan and I am a survivor of domestic violence. On Wednesday I will make my second appearance before the Inter-American Commission on Human Rights in Washington, DC. The IACHR is responsible for promoting and protecting human rights throughout the Americas. I turned to the IACHR three years ago because the justice system in the United States abandoned me.

In June 1999, my estranged husband, Simon Gonzales, abducted my three young daughters in violation of a domestic violence restraining order I had obtained against him three weeks before. I repeatedly contacted and pleaded with the Castle Rock Police for assistance, but they refused to act. Late that night, Simon arrived at the police station and opened fire. He was killed and the bodies of my three girls were found murdered in the cab of his truck.

I sued the town of Castle Rock, Colorado for failing to enforce the restraining order I had against my husband at the time. The case went all the way up to the Supreme Court, but they ruled that the enforcement of a restraining order wasn't mandatory under Colorado law. I felt utterly abandoned: the police had failed in their duty to protect me and my girls, and the government told me there was nothing wrong with that. I was sure that I would never have my day in court or a proper investigation of what happened. I nearly gave up at that point - I had gone all the way to the Supreme Court, and I thought that was the end of the line.

But in December 2005, with the help of the ACLU and the Human Rights Clinic at Columbia Law School, I filed a petition with the Inter-American Commission on Human Rights. In March 2007, I testified before the IACHR - the first time I was allowed to tell my story in a legal forum.

Before this case, I never knew this regional system existed and never thought of my private issues as human rights violations. I am the first survivor of domestic violence to bring an individual complaint against the United States for international human rights violations. I want other people like me out there to know that this system exists to protect all of us, and that our government cannot just turn its back on us and get away with it. Although the U.S. is always pointing its finger at other countries for their human rights violations, there are plenty of violations occurring right here at home. International human rights bodies like the IACHR give U.S. citizens the opportunity to have a voice, particularly those who have lost everything.

It is fitting that my hearing is being held in October, Domestic Violence Awareness Month, an important marker of what continues to be one of the most dangerous issues facing women today.

Thanks to the writers and readers of Feministing for letting me know about this unbelievable case. Here is an article from Chicago on the unfortunate statistics regarding battered women seeking justice in the U.S. legal system. And to the media's credit, here is a video on Lenahan's case which includes some coverage by 60 Minutes.

If You are on an Aggregator - CLICK HERE to view the above video.


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