U.S. Department of Justice

Office on Violence Against Women

The Impact of Incarceration and 

Mandatory Minimums on Survivors

Exploring the Impact of Criminalizing Policies 

on African American Women and Girls

Summary Report from the Roundtable held September 21-22, 2015

January 2017
Acknowledgements

Special thanks to the skilled facilitators who helped shape the agenda, expertly guided the 

discussions of the day, and provided a preliminary report of the Roundtable: Dr. Monique 

Morris, Co-Founder of the National Black Women’s Justice Institute, and Stephanie BushBaskette, Founder and President of the Sojourn Institute.

We also want to thank the Roundtable planning committee: Alisa Bierria, Sumayya Coleman, 

Lisalyn Jacobs, Tonya Lovelace-Davis, Sue Osthoff, Beth Richie, Rita Smith.

The following people gave their time and expertise to develop presentations that added 

invaluable context and depth to the conversation: Marissa Alexander, sujatha baliga,

Nola Brantley, Sumayya Coleman, Mimi Kim, Kemba Smith Pradia, Beth Richie, Francine 

Sherman.

We would also like to thank Sue Osthoff and Jane Sadusky for their assistance in editing the 

report. 

Lastly, our sincere thanks to all the Roundtable participants who volunteered their time and 

talents to collectively advance the dialogue on these critical issues.

January, 2017

The opinions, findings, and recommendations expressed by the presenters and participants in 

this report are those of the presenters and participants and do not necessarily reflect the views 

of OVW or the Department of Justice.
Contents

Introduction................................................................................................................................ 4

Goals...................................................................................................................................... 4

The Roundtable and Related Initiatives .................................................................................. 5

Centering the Discussion ........................................................................................................... 8

Impact of Increasing Incarceration and the Need for Intersectional Analysis .......................... 9

Narratives Describing the Impact of Mandatory Minimums on Black Women.........................12

Case Studies.........................................................................................................................12

Kemba Smith’s Story .........................................................................................................12

Marissa Alexander’s Story .................................................................................................13

Impact of Mandatory Minimums ................................................................................................14

Mandatory Minimum Sentencing for Non-Violent Drug Offenses ...........................................15

Mandatory Minimum Sentencing as a Domestic Violence and Sexual Assault Issue.............16

Impact of Mandatory Arrest Laws on Black Women and Girls ...............................................17

Impact of Criminalization Policies on Girls .............................................................................18

Exploring Restorative Justice as a Paradigm Shift ....................................................................20

Moving Forward: Addressing Key Gaps ....................................................................................23

Key Gaps Regarding Black Girls in the Criminal Legal System..............................................23

Key Gaps Regarding Black Women in the Criminal Legal System.........................................23

Critical Opportunities and Emerging Policy Directions...............................................................25

Afterword: Related Actions Taken by OVW Since the Roundtable ............................................26

Appendix 1: Participants ...........................................................................................................32

Appendix 2: Agenda..................................................................................................................35

Appendix 3: Break-Out Session Notes ......................................................................................38
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -4-

Introduction

On September 21 and 22, 2015, the Office on Violence Against Women (OVW), United States 

Department of Justice, convened a meeting of survivors, scholars, advocates, and community 

activists who focus on sexual assault and intimate partner violence against women to examine 

how criminalization policies impact the lives of African American women and girls.0F

1 The 

discussion focused on Black women and girls,1F

2 as data indicate that they are disproportionately 

survivors of gender-based violence and also are over-represented among women in criminal2F

3

and juvenile carceral facilities. By placing Black women and girls who have survived domestic 

and sexual abuse at the center of the discussion, OVW sought to provide an opportunity to 

consider how the intersection of multiple aspects of a person’s identity (i.e., gender, race) 

shape their experience with criminalization policies, as well as discuss unintended and 

undesired consequences.

Goals

The roundtable had the following goals:

1. Review the impact of criminalization policies on African American women and 

girls who are survivors of domestic and sexual violence, including the impact of 

arrest, detention, incarceration, and mandatory minimums.

2. Review efforts to prevent and respond to domestic violence and sexual assault 

since the passage of the Violence Against Women Act (VAWA), and identify 

challenges and remaining gaps that impact African American women and girls.

 

1

See Appendix 1 for a list of participants. 

2The planning committee recommended using the term “African American” in the title of the Roundtable, since the 

term “Black” was considered to be a broader term that also would require addressing additional policy issues that 

impact more recent black immigrants from Africa and the Caribbean (such as immigration and refugee policies, 

language access, etc.). While those topics are also very important, the committee acknowledged that the limited 

time available in this Roundtable precluded delving deeper into those specific issues at this time, although they 

warrant additional discussion in future meetings. Nonetheless, in writing this report, the terms “Black” and 

“African American” are used interchangeably in referring to the African American community since Roundtable 

presenters and participants used the terms in that manner. 

3

Female prisoners ages 30 to 34 had the highest imprisonment rates among black (264 per 100,000 black females 

of the same age), white (163 per 100,000), and Hispanic inmates (174 per 100,000). Black females were between 

1.6 and 4.1 times more likely to be imprisoned than white females of any age group. E. Ann Carson, “Prisoners in 

2014,” Bureau of Justice Statistics. Online. 2015, https://www.bjs.gov/content/pub/pdf/p14.pdf.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -5-

3. Discuss policy recommendations and new initiatives to reduce or eliminate the 

harm that domestic violence or sexual assault victims may experience in the 

criminal legal system, particularly survivors from African American communities.

4. Identify new initiatives, frameworks, promising practices, and policy 

recommendations to create a continuum of options for safety and well-being to 

better meet the needs of survivors from African American communities.

This report reflects a summary of the key points and recommendations from this Roundtable 

discussion. Additionally, this report highlights relevant action steps that OVW has taken in the 

year since the convening.

The Roundtable and Related Initiatives

Bea Hanson, Principal Deputy Director of OVW, opened the Roundtable by sharing an excerpt 

from the remarks by President Barack Obama during the Congressional Black Caucus Annual 

Awards Dinner, which took place the night before the Roundtable.

[W]e can’t forget the impact that the system has on women, as well. The incarceration 

rate for black women is twice as high as the rate for white women. Many women in 

prison, you come to discover, have been victims of homelessness and domestic 

violence, and in some cases human trafficking. They’ve got high rates of mental illness 

and substance abuse. And many have been sexually assaulted, both before they got to 

prison and then after they go to prison. And we don’t often talk about how society 

treats black women and girls before they end up in prison. They’re suspended at higher 

rates than white boys and all other girls. And while boys face the school-to-prison 

pipeline, a lot of girls are facing a more sinister sexual abuse-to-prison pipeline. Victims 

of early sexual abuse are more likely to fail in school, which can lead to sexual 

exploitation, which can lead to prison. So we’re focusing on boys, but we’re also 

investing in ways to change the odds for at-risk girls — to make sure that they are 

loved and valued, to give them a chance.

And that’s why we have to make a collective effort to address violence and abuse 

against women in all of our communities. In every community, on every campus, we’ve 

got to be very clear: Women who have been victims of rape or domestic abuse, who 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -6-

need help, should know that they can count on society and on law enforcement to 

treat them with love and care and sensitivity, and not skepticism.3F

4

The words of President Obama provided a valuable foundation for the Roundtable discussions.

Furthermore, the Roundtable was convened by OVW in the context of other events and 

initiatives undertaken by the Administration and the Department of Justice to address the 

importance of criminal justice reform, improved community policing, and advancing equity and 

empowerment for women and girls of color. Among these initiatives:

 At the direction of the Attorney General, in 2013 the Department of Justice launched a 

comprehensive review of the criminal justice system to identify possible reforms. The 

Department studied all phases of the criminal justice system—including charging, 

sentencing, incarceration4F

5 and reentry—to examine which practices are most successful 

at deterring crime and protecting the public, and which are not. The review also 

considered demographic disparities. “The preliminary results of this review suggest a 

need for a significant change in our approach to enforcing the nation’s laws. Today, a 

vicious cycle of poverty, criminality, and incarceration traps too many Americans and 

weakens too many communities. However, many aspects of our criminal justice system 

may actually exacerbate this problem, rather than alleviate it.” (Smart on Crime: 

Reforming the Criminal Justice System for the 21st Century ).5F

6

 President Obama signed an Executive Order in December of 2014 establishing the 

President's Task Force on 21st Century Policing, as part of the Administration’s efforts 

to enhance community policing and strengthen trust among law enforcement officers 

and the communities they serve.6F

7 The Task Force conducted listening sessions and 

gathered input from community stakeholders around the country. The Task Force final 

 

4President Barack Obama, “Remarks by the President at the Congressional Black Caucus 45th Annual Phoenix 

Awards Dinner,” September 20, 2015. https://www.whitehouse.gov/the-press-office/2015/09/21/remarkspresident-congressional-black-caucus-45th-annual-phoenix-awards.

5Department of Justice, “Smart on Crime: Reforming the Criminal Justice System for the 21st Century.” Online. 

2013. https://www.justice.gov/sites/default/files/ag/legacy/2013/08/12/smart-on-crime.pdf. In addressing the 

issue of incarceration, the report states: “The reality is, while the aggressive enforcement of federal criminal 

statutes remains necessary, we cannot prosecute our way to becoming a safer nation. To be effective, federal 

efforts must also focus on prevention and reentry. In addition, it is time to rethink the nation’s system of mass 

imprisonment. The United States today has the highest rate of incarceration of any nation in the world, and the 

nationwide cost to state and federal budgets was $80 billion in 2010 alone. This pattern of incarceration is 

disruptive to families, expensive to the taxpayer, and may not serve the goal of reducing recidivism” (p. 2).

6

Id. (p. 2).

7White House Office of the Press Secretary, “Fact Sheet: Task Force on 21st Century Policing.” Online. 2014.

https://www.whitehouse.gov/the-press-office/2014/12/18/fact-sheet-task-force-21st-century-policing.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -7-

report, published in May 2015,7F

8 provides a series of recommendations focused on six 

main topic areas or “pillars.”8F

9

 Based on the findings of various civil rights cases that highlighted the need to address 

patterns and practices of gender bias in policing, the U.S. Department of Justice’s Civil 

Rights Division (CRT) and OVW partnered to draft guidance focused on identifying and 

preventing gender bias in the law enforcement response to sexual assault and domestic 

violence. On August 4, 2015, the Community Oriented Policing Services (COPS) Office of 

DOJ and the Police Executive Research Forum, in collaboration with CRT and OVW, held 

a roundtable discussion to discuss the draft of the guidance with law enforcement 

leaders, victim advocates, academics, subject matter experts, and other stakeholders.9F

10

 The White House Council on Women and Girls convened a Working Group on 

Challenges and Opportunities for Women and Girls of Color. This Working Group—

which brought together policy staff from the White House and across federal agencies,

as well as experts, leaders and advocates from outside the government—focused on the 

impact of a range of issues on women and girls of color including education, economic 

security, health, criminal and juvenile justice, violence, and research and data collection. 

In November of 2014 the White House Council on Women and Girls released an initial 

report entitled, Women and Girls of Color: Addressing Challenges and Expanding 

Opportunity.10F

11 This report included a section focused on efforts to prevent and respond 

to sexual assault and domestic violence in communities of color. 

It is in this context that OVW convened a Roundtable with stakeholders from the advocacy 

community to discuss the impact of the criminal justice system on survivors of domestic and 

sexual violence, with a particular focus on the undesired consequences and gaps that have 

 

8President’s Task Force on 21st Century Policing; Office of Community Oriented Policing Services, “Final Report of 

the President’s Task Force on 21st Century Policing.” Online. 2015.

http://www.cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf.

9The pillars include (1) building trust and legitimacy, (2) policy and oversight, (3) technology and social media, (4) 

community policing and crime reduction, (5) training and education, and (6) officer wellness and safety.

Recommendation 2.13: “Law enforcement agencies should adopt and enforce policies prohibiting profiling and 

discrimination based on race, ethnicity, national origin, religion, age, gender, gender identity/expression, sexual 

orientation, immigration status, disability, housing status, occupation, or language fluency” (p. 90).

10Office of Community Oriented Policing Services, “Identifying and Preventing Gender Bias in Law Enforcement 

Response to Sexual Assault and Domestic Violence: A Roundtable Discussion.” Online. 2016. http://ric-zaiinc.com/Publications/cops-w0796-pub.pdf. 

11White House Council on Women and Girls, “Women and Girls of Color: Addressing Challenges and Expanding 

Opportunity.” Online. 2014.

https://www.whitehouse.gov/sites/default/files/docs/cwg_women_and_girls_of_color_report_112014.pdf.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -8-

impacted African American women and girls.1F

12 Some of the participants were also invited 

ahead of time to prepare brief presentations on varied topics, followed by group discussion. 

While participants expressed a diversity of opinions, what follows is a summary of some 

common themes and key issues that emerged.

Centering the Discussion

Dr. Monique Morris, one of the Roundtable facilitators, provided a framework for the 

discussions. She emphasized that most research, policy decisions, and analyses about African 

Americans and the criminal justice system focus on Black men and boys, while little or no 

attention has been paid to the experiences of Black women and girls. Increasing numbers of 

women overall are being charged with crimes and incarcerated.12F

13 The number of women in 

prison increased at nearly double the rate for men between 2000 and 2012. Women now 

comprise 18% of the total correctional population and 25% of the probation population.13F

14 A 

disproportionate number are African American women.14F

15 Black girls are similarly overrepresented in the juvenile justice system, as the “swiftest growing group of girls referred to 

the juvenile courts and entering detention.”15F

16

Roundtable presenters and participants emphasized that it was important to approach the

work to reduce the criminalization and incarceration of African American women—particularly 

those who are victims of gender-based violence—with “collective intention.” In other words, 

we should examine how we engage in our anti-violence against women work and acknowledge 

that we need to work differently than we have in the past and “do things right this time.” They 

noted that this means examining how policies and practices impact Black women and girls and 

 

12The Roundtable Agenda can be found in Appendix 2.

13The Sentencing Project, “Fact Sheet: Incarcerated Women and Girls.” Online. 2015. 

http://www.sentencingproject.org/wp-content/uploads/2016/02/Incarcerated-Women-and-Girls.pdf.

14Lauren E. Glaze and Danielle Kaeble, Correctional Populations in the United States, 2013. At the close of 2013, 

1,256,300 women were in the US correctional population (i.e., on probation or parole, in state or federal prison, or 

in local jail) – of those, 213,700 were incarcerated. Online. 2014. 

https://www.bjs.gov/content/pub/pdf/cpus13.pdf.

15African American women are 13% of the total US female population but represent over 30% of incarcerated 

women. American Civil Liberties Union, “Facts About the Over-Incarceration of Women in the United States.” 

Online. 2016. https://www.aclu.org/other/facts-about-over-incarceration-women-united-states. Black females 

were between 1.6 and 4.1 times more likely to be imprisoned than white females of any age group. E. Ann Carson, 

Bureau of Justice Statistics, “Prisoners in 2014.” Online. 2015. https://www.bjs.gov/content/pub/pdf/p14.pdf.

16In 2008, Black girls made up 35% of girls referred to the juvenile courts. The proportion of black girls in the 

juvenile justice system is particularly dramatic because they make up only 8% of the U.S. population of youth aged 

ten to seventeen. Francine T. Sherman, “Justice for Girls: Are We Making Progress,” UCLA Law Review, 59, 15-84-

1628 (2012), at 1617. http://www.uclalawreview.org/justice-for-girls-are-we-making-progress-2/.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -9-

other marginalized women. As one participant noted, in exploring safe ways to do this work it is 

important to remember one of the primary tenets of Gandhi’s philosophy: to create justice, 

policies and practices should be focused on how they impact the last girl, the most marginalized 

girl.

Impact of Increasing Incarceration and the Need for Intersectional Analysis

Meeting participants emphasized the need to pay attention to what many see as an increased 

overreliance on incarceration in society, while not losing sight of the impact on girls and 

women, including Black girls and women. While women and girls confront unique issues in this 

area, these issues must not be excluded or considered as an afterthought in examining the 

impacts of increasing incarceration and criminalization. Additionally, the issues that affect Black 

girls and young women need to be embedded into the larger policy discussions and 

developments that address violence, including gender-based violence. 

In addition, participants noted that efforts to end violence require a deeper analysis of the 

intersecting factors that shape an individual’s identity. For example, it is important to take into 

consideration the additional barriers and risks experienced by lesbian, gay, bisexual, 

transgender and queer (LGBTQ) girls and women. Participants also highlighted the need to take 

into account the particular challenges and exploitation of transgender women and girls.16F

17

Participants also emphasized that while women and girls may have experiences of violence 

and/or incarceration, they are not those experiences: i.e., a woman or girl’s being and identity 

is not “victim” or “prisoner.” The movement to end violence against women cannot separate 

people based on crime and experiences—all deserve the right to their human dignity and the 

opportunity to live lives free from violence. 

Invited presenters helped frame these issues and the subsequent discussions. 

 

17People who identify as lesbian, gay, bisexual, or transgender are incarcerated at twice the rate of American 

adults who do not identify as LGBTQ. Sixteen percent of transgender and gender non-conforming respondents to a 

national survey had spent time in jail or prison, in comparison to about 5% of all American adults, with higher rates 

for transgender women (21%) than transgender men (10%). Center for American Progress and Movement 

Advancement Project (MAP), Unjust: How the Broken Criminal Justice System Fails LGBT People. Online. 2016. 

http://www.lgbtmap.org/criminal-justice.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -10-

REMARKS BY DR. MIMI KIM

General incarceration rates in the United States were steady from 1920 to 1973, after which 

the rates of incarceration increased by 500 percent between 1973 and 2012.17F

18 Whereas the 

feminist anti-violence movement began by initially contesting the actions of the state, it 

eventually evolved into working so closely with the criminal legal system as to undermine the 

movement’s independence from the system. Although advocates may work with systems 

where it is helpful for survivors while also continuing to hold state systems accountable, it is 

important to maintain the autonomy of social movements and also advance responses to 

sexual and domestic violence that are alternatives to criminalization.

REMARKS BY DR. BETH RICHIE

Over-reliance on the criminal legal system to respond to the problem of violence against 

women has not served all women equally and it has been particularly harmful to some Black 

women. There are many reasons for this, including the tense relationship between law 

enforcement and Black communities and the sense that the legal system does not treat Black 

people fairly. That leaves Black women in a very precarious situation if the anti-violence 

movement does not create other ways of offering support to those who need it.18F

19

The anti-violence movement—and society in general—need a new strategy to dismantle norms 

that have resulted in the disproportionate incarceration of African American women. Since the 

1980s, the criminalization of certain behaviors and life circumstances has meant that drug use, 

mental illness, and poverty are treated as crimes. The efforts to criminalize these issues

coincided with the criminalization of domestic violence and resulted in the increased

incarceration of women who are survivors of sexual and domestic violence—with a 

disproportionate impact on Black women.19F

20 After the prison experience, women face many 

 

18Data from Kathleen Maguire, ed., Sourcebook of Criminal Justice Statistics. Albany, NY: University at Albany, 

Hindelang Criminal Justice Research Center (2003), Table 6.28, p. 500. See also E. Ann Carson & William J. Sabol 

“Prisoners in 2011,” Washington, D.C.: Bureau of Justice Statistics, Table 6, p. 6. Online. 2012. 

https://www.bjs.gov/content/pub/pdf/p11.pdf. 

19See the report of the 2002 roundtable convened by the Ms. Foundation and the National Clearinghouse for the 

Defense of Battered Women. Patricia Eng, “Safety and Justice for All: Examining the Relationship Between the 

Women’s Anti-Violence Movement and the Criminal Legal System.” Online. 2003.

http://www.ncdsv.org/images/Ms_SafetyJusticeForAll_2003.pdf.

20Most incarcerated women have experienced abuse either as a child and/or as an adult. Estimates of incarcerated 

women who have experienced abuse range from 55% to as high as 95%. Surveys that ask limited questions and use 

unclear terms (e.g., being “abused”) have generally reported lower rates of abuse; while studies asking a more 

comprehensive set of questions and using behavior-specific (e.g., being “hit” or “forced to have sexual contact”) 

report that nearly all girls and women in prison samples have experienced physical and sexual abuse throughout 

their lives, much of it at the hands of intimate partners. Multiple studies indicate that between 71% and 95% of 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -11-

additional barriers that get in the way of healing, including added barriers to access housing, 

employment, benefits, and supportive services.

Women began to express that they did not want to be part of the incarceration of more people 

and that a different way to respond to and prevent the violence in their lives needed to be 

established. In 2002 the Ms. Foundation convened a roundtable entitled “Safety and Justice for 

All: Examining the Relationship between the Women’s Anti-Violence Movement and the 

Criminal Legal System.”20F

21 It was focused on the issue of over-reliance on the criminal legal 

system in responding to violence against women, and the disproportionate impact on the lives 

of Black women and members of other marginalized communities. The women’s anti-violence 

movement is still grappling with many of the issues discussed at that roundtable and, over a 

decade later, not enough progress has been made to address them. The movement, including

victims of domestic and sexual violence, advocates, community members, and others, must

begin to look at the gaps in responses to violence against women differently. For example, the 

movement needs to look at and reconsider practices such as mandatory minimum sentences 

for crimes. This broader analysis also needs to consider the victimization that occurs prior to 

adulthood that places many girls and young women on pathways to detention and 

incarceration, such as the heightened risks of commercial sexual exploitation.21F

22

REMARKS BY DR. MONIQUE MORRIS

Public policy has sought to respond to the violent victimization of women with interventions 

that included increased surveillance and punishment, including mandatory arrest and the 

increased use of pretrial detention. For many Black women, this has meant increasing arrest, 

charging, and confinement under the same laws that were ostensibly designed to protect them 

as victims of intimate partner violence (IPV). Legal scholar Kimberlé Crenshaw has written 

about the significance of an “intersectional” framework that considers how multiple aspects of 

a person’s identity shape their experiences with public policy, particularly on the issue of 

violence against women. The absence of an intersectional framework results in laws and

policies that ignore the ways in which “the violence that many women experience is often 

 

incarcerated women have experienced physical violence from an intimate partner. See Melissa E. Dichter with Sue 

Osthoff, “Women’s Experiences of Abuse as a Risk Factor for Incarceration: A Research Update.” Online. 2015. 

http://vawnet.org/material/womens-experiences-abuse-risk-factor-incarceration-research-update.

21 See Note 19.

22Malika Saada Saar, Rebecca Epstein, Lindsay Rosenthal, and Yasmin Vafa,“The Sexual Abuse to Prison Pipeline: A 

Girl’s Story.” Center on Poverty and Inequality, Georgetown Law. Online. 2015, 

http://www.law.georgetown.edu/academics/centers-institutes/poverty-inequality/upload/2015_COP_sexualabuse_layout_web-2.pdf.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -12-

shaped by other dimensions of their identities, such as race and class.”2F

23 Further gaps related to 

expressions of gender identity and sexual orientation, while somewhat addressed in more 

recent iterations of the Violence Against Women Act,23F

24 remain under-explored for Black 

female-identified women and girls. 

Narratives Describing the Impact of Mandatory Minimums on Black Women

Survivor narratives help provide a deeper understanding of the complex challenges and 

disproportionate vulnerabilities that African American women face in the criminal justice 

system. Two examples of compounding legal and policy considerations emerged from the 

Roundtable to illustrate how criminal legal system responses can increase their risk of 

incarceration, despite their status as survivors of intimate partner violence. The discussion in 

response to the stories also explored how racialized gender stereotypes can intersect to 

negatively impact Black women. Participants noted that Black women are often stereotyped as 

“angry” or “aggressive,” and their experiences as victims and survivors of domestic and sexual 

violence are often discounted. The criminal justice policies that are applied to their cases are at 

times more punitive than supportive.

Case Studies

KEMBA SMITH’S STORY

Kemba Smith, a participant in the Roundtable, shared her story.24F

25 In the fall of 1989, at the age 

of 18, Ms. Smith began her freshman year at a prestigious historically Black university. In her 

sophomore year, she began a relationship with a physically abusive man who was also a drug 

dealer. This tumultuous relationship interrupted her studies and she eventually became

entangled in her partner’s criminal legal proceedings—even though she asserted that she had 

never sold drugs and carried them only under duress. Ms. Smith was sentenced to 24 years in 

 

23Kimberlé Crenshaw, “Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of 

Color.” Online. 1993. 

http://socialdifference.columbia.edu/files/socialdiff/projects/Article__Mapping_the_Margins_by_Kimblere_Crens

haw.pdf.

24 For the first time in a federal funding statute, VAWA 2013 explicitly bars discrimination based on actual or 

perceived gender identity or sexual orientation - as well as race, color, religion, national origin, sex or 

disability. This groundbreaking provision ensures that lesbian, gay, bisexual and transgender (LGBT) victims of 

domestic violence, sexual assault, dating violence and stalking are not denied, on the basis of sexual orientation or 

gender identity, access to the critical services that OVW supports. See 42 U.S.C. § 13925(b)(13). See also

“Nondiscrimination Grant Condition in the Violence Against Women Reauthorization Act of 2013, Frequently Asked 

Questions.” Online. 2014. https://www.justice.gov/sites/default/files/ovw/legacy/2014/06/20/faqs-ngc-vawa.pdf.

25Kemba Smith, “Poster Child: The Kemba Smith Story.” Online. 2016. http://www.kembasmith.com/.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -13-

federal prison under mandatory minimum drug sentencing laws, with no chance for parole 

despite being a first-time, non-violent offender. Neither the fact that Ms. Smith was a victim of 

severe intimate partner violence (including threats to her and her family by a man who had 

recently killed someone) nor the fact that Ms. Smith was pregnant at the time of sentencing 

made a difference in the length of her sentence. Ms. Smith was sent to prison before her son 

was born and gave birth while in prison. In prison, far from her family’s home, her ability to see 

or develop a relationship with her son was very limited.

Ms. Smith’s sentence received public attention, and advocacy on her behalf continued over the 

more than six years during which she was incarcerated until her sentence was ultimately 

commuted in 2000. While some of the national-level advocacy focused on the intimate partner 

violence that laid the foundation for Ms. Smith’s arrest and made her vulnerable to 

incarceration, most of the attention went to the perceived draconian consequences of federal 

drug sentencing laws.

Ms. Smith was not alone. Between 77% and 90% of incarcerated women report extensive 

histories of emotional, physical, and sexual abuse.25F

26 While Ms. Smith was not a drug user, 

Roundtable participants noted that many other incarcerated women in abusive situations have 

used illegal drugs to cope with their violent victimization and sexual assault, rendering them 

vulnerable to multiple forms of entanglement with the criminal legal system. 

MARISSA ALEXANDER’S STORY 

Ms. Sumayya Coleman discussed the “Free Marissa Now! Campaign,” an effort that began with 

volunteers and advocates who wanted to ensure that Marissa Alexander’s case was not 

forgotten. Advocacy on behalf of Ms. Alexander has included a call for a ban on mandatory 

minimums for victims who use force to defend themselves. Ms. Coleman shared her hope that 

Roundtable participants find common goals and identify solutions to the violence inflicted upon 

Black women and girls, including the criminalization of survivors of domestic violence and 

sexual abuse.

In 2010, Marissa Alexander, a licensed and trained gun owner, asserted in court that she fired a 

single warning shot upwards into the wall to halt her abusive estranged husband after a lifethreatening beating. Ms. Alexander, age 29, had given birth to her third child only nine days 

before this incident. Her husband had been arrested three times in the past on domestic 

 

26Nan Messina and Christine Grella, “Childhood Trauma and Women’s Health Outcomes in a California Prison 

Population.” Online. 2006. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1586137/pdf/0961842.pdf. See also: 

Note 20, Dichter and Osthoff.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -14-

violence-related charges. Despite causing no injuries to him and the fact that Florida’s selfdefense law includes the right to “Stand Your Ground,” Ms. Alexander was charged with 

aggravated armed assault. She was convicted and, even though she had no prior criminal 

record, sentenced to 20 years in prison under Florida’s mandatory minimum sentencing law for 

discharging a weapon during the commission of an aggravated assault.26F

27 The judge who 

presided over the trial said that any leniency in sentencing was “out of his hands” due to the 

state’s mandatory minimum laws.27F

28 The harshness of the sentence set off a national protest

about the application of Florida’s Stand Your Ground law, the impact of minimum sentencing 

laws, the lack of attention to domestic violence as a mitigating factor, and, ultimately, race and 

the stereotype of the angry Black woman. An appellate court later ordered a new trial, finding 

that the jury instructions were flawed. When the prosecutor stated that she would press 

charges once again and add additional charges that could result in three consecutive 20-year 

sentences, Marissa Alexander ultimately accepted a plea bargain. She was placed on house 

arrest until 2017. 

In a videotaped statement that Ms. Alexander asked Ms. Coleman to share with Roundtable 

participants, Ms. Alexander recounted how the argument used by the prosecutor that she was 

“angry” and not in fear made it seem as if these emotions are mutually exclusive. “Why can’t I 

be both angry and in fear?” Ms. Alexander stated.

Ms. Alexander explained that she had initially been offered a significantly reduced sentence in 

exchange for a plea, but she had decided to go to trial instead because she believed she was 

innocent since she was defending herself. However, she felt that she was penalized for 

exercising her right to go to trial when the prosecutor subjected her to the full range of 

available charges and the 20-year mandatory minimum sentence. Ms. Alexander emphasized 

how mandatory minimums give prosecutors a lot of power since they often result in forcing 

people to accept plea deals rather than take the high risk of going to trial and being locked into 

a mandatory minimum sentence if convicted. 

Impact of Mandatory Minimums 

Roundtable presenters and participants spoke of the marked increase in mandatory minimum 

sentencing laws in recent decades. They discussed the ways in which judicial discretion and 

 

27Jeannine Amber, “In Her Own Words: Marissa Alexander Tells Her Story.” Essence. 2015.

http://www.essence.com/2015/03/04/marissa-alexander-exclusive.

28

“Florida woman sentenced to 20 years in controversial warning shot case.” CNN. 2012.

http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing/.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -15-

consideration of mitigating circumstances are limited significantly when a mandatory minimum 

sentence is attached to an offense. Mandatory minimums also shift a significant amount of 

decision-making power to the prosecutor through plea-bargaining. Those who refuse to accept 

a plea bargain and try to assert their innocence in court, as Marissa Alexander described, often 

face the risk of much more severe punishment.

Mandatory Minimum Sentencing for Non-Violent Drug Offenses 

Roundtable presenters and participants emphasized that mandatory minimum sentences for 

non-violent drug offenses have had a marked impact on women in federal prisons. 

Approximately 59% of the women who are imprisoned in the federal system are serving time 

for drug offenses.28F

29 Presenters and participants discussed the ways in which drug sentencing 

laws, and higher sentences for crack cocaine in comparison to powder cocaine, have led to 

Black women’s disproportionate representation among women incarcerated in the federal 

system.29F

30 Participants commented that many of the women convicted in drug cases had not 

sold the drug or had minimal involvement in the activities giving rise to criminal charges but 

were nonetheless subject to mandatory minimum sentences and conspiracy convictions 

attached to mandatory minimums. In many instances, the women were involved in 

relationships with these men for financial and familial reasons and were experiencing domestic 

violence.30F

31 They noted that a history of abuse by a co-defendant would not necessarily have 

made them eligible for a lower sentence. 

 

29Ann E. Carson, Bureau of Justice Statistics, “Prisoners in 2014.” Online. 2015.

https://www.bjs.gov/content/pub/pdf/p14.pdf.

30The Fair Sentencing Act of 2010 (FSA) sets an 18:1 ratio between powder cocaine and cocaine base, or “crack.” In 

other words, it takes 18 times the quantity of powder cocaine to trigger the same statutory punishment as crack 

cocaine. See Office of General Counsel, U.S. Sentencing Commission, “Drug Primer,” p. 26. Online. 2013.

http://www.ussc.gov/sites/default/files/pdf/training/primers/Primer_Drug.pdf. Prior to the FSA, the ratio was 

100:1 (or 100 times the quantity of powder to trigger the same statutory punishment as crack). The pre-FSA ratio 

of 100:1 contributed to an increase of incarcerated Black men and women in federal prison due to conspiracy 

convictions attached to mandatory minimums. See U.S. Sentencing Commission, “Report to the Congress: Cocaine 

and Federal Sentencing Policy,” pp. 2-3, 8, 14-17. Online. 2007.

http://www.ussc.gov/sites/default/files/pdf/news/congressional-testimony-and-reports/drugtopics/200705_RtC_Cocaine_Sentencing_Policy.pdf. 

31The U.S. Sentencing Commission has reported that the majority of federal cocaine offenders generally perform 

low-level functions, and their offenses do not involve aggravated conduct. U.S. Sentencing Commission, “Report to 

the Congress: Cocaine and Federal Sentencing Policy,” p. 14. Online. 2007. 

http://www.ussc.gov/sites/default/files/pdf/news/congressional-testimony-and-reports/drugtopics/200705_RtC_Cocaine_Sentencing_Policy.pdf. 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -16-

In the last several years, due to the burgeoning prison population that resulted from mandatory 

minimum sentencing for drug offenses, the federal government and some states have begun to 

change their laws to focus less on non-violent, low-level drug offenders.

Mandatory Minimum Sentencing as a Domestic Violence and Sexual Assault Issue

Roundtable presenters and participants addressed the relationship between domestic violence 

and sexual abuse and the incarceration of women through mandatory minimum sentencing. As 

emphasized throughout the Roundtable, most women who are in prison report being the 

survivors of abuse.31F

32 For many, the experience of abuse began during their childhoods and was 

perpetrated by a family member, or someone the family trusted. In the instances when the 

abuse was reported to a family member or other caregiver, it was often denied or poorly dealt 

with for a variety of reasons. The abuse might have gone unacknowledged or with little 

response because of a family member’s emotional or financial connection to the perpetrator; 

fear of the involvement of child protective services that could result in losing the child or 

children; fear of being deemed a non-protective parent; or fear of consequences related to 

immigration status. 

During the discussion, Roundtable presenters and participants highlighted the circumstances of 

girls who are being sexually or otherwise abused and run away from home to escape the abuse.

As minors, girls who leave an abusive home are often labelled status offenders (runaways) and 

are sent back or end up in the foster care or juvenile justice system. Many leave again, 

determined not to return, and end up trading sex for survival and self-medicating with alcohol 

or drugs. They often end up in unhealthy relationships with older men. Many of these survival 

tactics bring them into the criminal system, both as juveniles and later as young adults. Some of 

the conduct is criminalized and carries mandatory minimum sentences that cannot be 

mitigated by consideration of the sexual violence and other abuse they have endured.32F

33

Presenters and participants raised concerns that mandatory minimum sentences of 

incarceration require that a woman who is a survivor of violence and who is found guilty of 

certain offenses be incarcerated regardless of the harm she will suffer emotionally and mentally 

 

32See Note 27: Messina and Grella; Dichter and Osthoff. 

33Regina Arnold’s study, “Processes of Victimization and Criminalization of Black Women,” found that for “young 

Black girls from lower socioeconomic classes, involvement in ‘pre-criminal behavior’ may be viewed as active 

resistance to victimization,” and that “victimization, resistance to victimization, and structural dislocation preceded 

early institutionalization.” Regina Arnold, “Processes of Victimization and Criminalization of Black Women,” Social 

Justice, Vol.17, No.3, (1990), pp. 153-166. For a more recent examination, see Note 21: Saada Saar, et al.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -17-

from the imprisonment. Judges in these cases typically cannot exercise discretion or render an 

alternative sentence such as probation or non-residential treatment. 

Participants noted that the prison experience has a profound impact on any person who is 

subjected to such an existence. This is exacerbated for women who are survivors. While in 

prison, the routine activities of pat downs, body cavity searches, lack of privacy, and exposure 

to violence while in confinement can be triggering experiences that continue to harm the 

survivors and sometimes lead to reactive behaviors for which additional punishment is meted 

out. Additionally, some incarcerated women face extended periods of solitary confinement, 

which can be highly retraumatizing and make women more vulnerable to abuse by correctional 

staff.3F

34 Black women are significantly overrepresented among incarcerated women in solitary 

confinement.34F

35

With the disproportionate presence of Black women survivors in prison, participants noted that 

the challenge to the antiviolence movement is to fully recognize and act to address the impact 

of criminalization policies on Black women survivors. This requires bringing the leadership, 

visibility, and voices of Black women from the margins to the center in the antiviolence 

movement.

Impact of Mandatory Arrest Laws on Black Women and Girls

Roundtable participants expressed concern that the increased use of mandatory arrest laws

over the past two decades to address domestic violence also has had a disproportionate impact 

on African American women who try to defend themselves, particularly in the ways that 

stereotypes about Black women can influence arrest, charging, and sentencing decisions. Some 

African American survivors who may not trust calling the police because of the community’s 

negative experience with policing avoid doing so and rely on self-defense strategies and 

resistance instead. If they experience escalating violence and eventually call the police—or if 

someone else calls—they run the risk of being arrested, particularly if seen as an “angry Black 

woman.” 

 

34 ACLU, Worse than Second Class: Solitary Confinement of Women in the United States. Online. April 2014.

https://www.aclu.org/report/worse-second-class-solitary-confinement-women-united-states.

35 Association of State Correctional Administrators and the Arthur Liman Program at Yale Law School, “Aiming to 

Reduce Time-in-Cell: Reports from Correctional Systems on the Numbers of Prisoners in Restricted Housing and on 

the Potential of Policy Changes to Bring About Reforms.” Online. 2016. 

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2874492.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -18-

Roundtable participants emphasized the importance of seeing and understanding the ways in 

which stereotypes of Black women as domineering, assertive, and masculine contribute to the 

invisibility of Black women as victims of sexual and domestic violence. As a result of these 

stereotypes, Black women are more likely to be seen as the perpetrator and aggressor when 

they stand up for themselves, regardless of the reality of their circumstances and the violence 

they face. Some biased perceptions even lead to the conclusion that Black women cannot be 

battered and the survivors of violence because they are violent and can protect themselves.35F

36

Impact of Criminalization Policies on Girls

Roundtable discussions included attention to the impact of mandatory and pro-arrest laws on 

Black girls. Today, nearly 30 percent of juveniles arrested are girls or young women, and their 

share of arrests, detainment, and court cases has steadily increased over the past two 

decades.36F

37

According to Adverse Childhood Experiences (ACE)37F

38 data, Black girls experience higher rates of 

victimization and overall exposure to ACE risk factors, including poverty, addiction in the home, 

child welfare involvement, and having an incarcerated parent. Promoting lives free of violence 

for Black girls and women requires holistic approaches that address all of these risk factors, as 

well as increasing access to culturally relevant community-based services.

REMARKS BY PROFESSOR FRANCINE SHERMAN

Among the impacts of mandatory and pro-arrest domestic violence laws and policies has been 

an increase in criminal justice responses to girls involved in altercations with their parents or 

guardians. The combination of mandatory or pro-arrest responses, plus the broad definition of 

domestic violence in many state statutes, to include not only intimate partners but all family 

members, has resulted in many girls being arrested because they were perceived as the 

 

36Vernetta Young, “Gender Expectations and Their Impact on Black Female Offenders and the Victims,” Justice 

Quarterly 3.2: 305-327, 1986. For further discussion of the impact of assumptions about Black women in the 

context of the criminal legal system—including the impact of mandatory arrest—see Beth E. Richie, Arrested 

Justice: Black Women, Violence, and America’s Prison Nation, New York University Press, 2012.

37 U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention Policy Guidance, “Girls and the 

Juvenile Justice System” (2015). Retrieved from https://www.ojjdp.gov/policyguidance/girls-juvenile-justicesystem/.

38Roy Wade Jr., Judy A. Shea, David Rubin, and Joanne Wood. “Adverse Childhood Experiences of Low-Income 

Urban Youth.” Online. 2014.

http://sanctuaryweb.com/Portals/0/2016%20PDFs/ACEs/Wade%20et%20al%20Adverse%20childhood%20experie

nces%20urban%20youth.pdf.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -19-

aggressor in cases where they were, in fact, a victim.38F

39 Girls who are in physical confrontations 

with a parent or guardian or other adult residing in the home are often responding to a failure 

to be protected from physical, sexual, or emotional harm. The data on criminalization of inhome violence applies to girls across racial and ethnic groups, although data for girls by race or 

ethnicity is sparse. Often, however, when Black girls are arrested they are detained in facilities 

and face an increased likelihood of having repeated and more severe contact with the juvenile 

and criminal legal systems.39F

40

Girls’ share of arrests has increased since 1992, as has their percentages among all formal 

processes, detention, and post-adjudication placements. Between 1992 and 2008, the number 

of girls referred to juvenile court had increased by 48 percent to 450,000—almost 30 percent of 

total delinquency court referrals.40F

41 Many are being arrested for “prostitution” as the basis of 

the offense, even though they are at an age—depending upon the state—where youth cannot 

have consensual sex.41F

42 In 2015, for the first time, the Office of Juvenile Justice and Delinquency 

Prevention presented data on juvenile court referrals disaggregated by gender, crossreferenced by race and ethnicity categories. An important statistic from this data is that Black 

girls are referred to juvenile court at three times the rate of White girls.42F

43

Twenty-three states have domestic violence mandatory arrest laws. Most other states have 

pro-arrest policies that allow for discretion to be used, but generally favor arrest in domestic 

violence cases where there is probable cause to make an arrest. Only six states have exceptions 

for minors in some manner. In many parts of the country, domestic violence laws that were 

intended for adult intimate-partner relationships are being applied to situations involving

teenage girls and, often, one of their parents or siblings. Law enforcement officers responding

to a “domestic dispute” involving, for example, a girl and her mother, cite the local mandatory 

arrest law and arrest the girl. Failing to acknowledge the age-appropriate cognitive 

development of children and youth and the influence of other factors on their behavior means 

 

39Francine T. Sherman, “Unintended Consequences: Addressing the Impact of Domestic Violence Mandatory and 

Pro-Arrest Policies and Practices on Girls and Young Women.” Online. 2015. 

http://nationalcrittenton.org/wp-content/uploads/2015/03/Unintended-Consequences-NGI.pdf.

40Francine T. Sherman, “Justice for Girls: Are We Making Progress?” Online. 2012. 

https://www.uchastings.edu/academics/faculty/adjunct/onek2/docs/Justice-for-Girls-AreWeMakingProgress2-15-

13.pdf.

41Id. 

42Charles Puzzanchera, “Juvenile Arrests 2011.” Washington, DC: U.S. Department of Justice, Office of Justice 

Programs, Office of Juvenile Justice and Delinquency Prevention. (Females were 76 % of arrests in 2011 for 

prostitution and commercialized vice.). Online. 2013. http://www.ojjdp.gov/pubs/244476.pdf.

43Charles Puzzanchera and Sarah Hockenberry, “National Disproportionate Minority Contact Databook.”

Developed by the National Center for Juvenile Justice for the Office of Juvenile Justice and Delinquency Prevention. 

Online. 2015. http://www.ojjdp.gov/ojstatbb/dmcdb. 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -20-

that these young girls are at increased risk of juvenile and criminal justice interventions that are 

inappropriate, that compromise their safety, and that escalate their risk of moving deeper into 

the justice system.

REMARKS BY NOLA BRANTLEY

The average age of entry into the sex industry is 12 or 13 years old, ages at which minors who 

cannot legally give consent. Girls are often in the foster care system when they enter the sex 

industry. They often proceed from being victimized as youth/children to being victimized as 

adults, moving from the juvenile justice system—where they may have been labeled 

“prostitute”—into the adult criminal justice system.

There are many barriers that prevent sexually exploited girls from seeking help. Girls do not 

report their victimization to law enforcement because of the stigma of sex work. Additionally, 

girls often fear retaliation and worry that their abuser will come after them and that the police 

will not protect them. In many cases, sexually exploited girls do not view law enforcement as 

helping because they, other girls they know, or their family members have also been victimized 

by law enforcement in various ways. These girls ultimately fear that if they seek assistance from 

law enforcement, the result will be their criminalization rather than their protection.

Some Roundtable participants expressed concern about “specialty courts,” especially courts to 

respond to sexually exploited youth. While acknowledging that the services and programs 

provided through the specialty courts are often good, participants questioned why adequate 

services could not be provided without girls being arrested and going to court in the first place. 

Participants noted that the question of how to bring the voices of survivors from the margins to 

the center—particularly the voices of Black women and girls—is central to addressing the issue 

of criminalization policies. They emphasized the need for holistic approaches for promoting 

lives free of violence. Such holistic approaches must be developed for girls and women, along 

with increasing access to culturally relevant community-based services.

Exploring Restorative Justice as a Paradigm Shift

REMARKS BY SUJATHA BALIGA

Restorative Justice focuses on repairing the harm to the victim, the acceptance of 

accountability of the person(s) who caused the harm, and the prevention of future harm. The 

application of restorative justice to domestic and sexual violence is new, but growing, as 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -21-

survivors, advocates, and communities seek alternatives to the criminal legal system as the 

predominant response.

Few cases of sexual assault are prosecuted and, of those that are prosecuted, few result in a 

conviction.43F

44 And sexual and domestic violence are the most underreported violent crimes by a 

wide margin.4F

45 This reality reinforces the need for alternative approaches to addressing the 

harms caused by domestic and sexual violence. Restorative justice offers one such alternative. 

Restorative justice is a paradigm shift from how we currently think about harm. To illustrate, 

the three questions that the criminal justice system currently asks are: 

(1) What law was broken? 

(2) Who broke the law? and 

(3) How should they be punished? 

In contrast, the three questions that restorative justice asks are: 

(1) Who has been harmed? 

(2) What do they need? and 

(3) Whose obligations is it to meet those needs? 

Harms, needs, and obligations are the central concerns of restorative justice. Ideally, restorative 

justice processes involve community-based dialogue and participatory decision-making and 

include those who have cause harm, those harmed, and their respective supporters.

Accountability is defined, in restorative justice, as those who have harmed meeting victimidentified needs. A central question in considering the application of restorative justice to 

intimate partner violence is, “Can accountability be achieved through addressing victimidentified needs in a way that increases safety for all affected persons?” Restorative justice 

indicates that if we engage with survivors about what they want and need, it is likely we will 

find that they want safety and healing. It is important to recognize that many people who are 

victimized by intimate partner violence stay in or return to the relationship for a myriad of 

reasons, including having children in common with their abusive partner, or because they are 

economically dependent on them. Many stay because they love the person who has harmed 

 

44 See, for example: Campbell, R., Bybee, D., Townsend, S. M., Shaw, J., Karim, N., & Markowitz, J. (2014). The 

impact of Sexual Assault Nurse Examiner programs on criminal justice case outcomes: a multisite replication study. 

Violence Against Women, 20(5):607-625; and Spohn, C. &Holleran, D. (2004). Prosecuting sexual assault: a 

comparison of charging decisions in sexual assault cases involving strangers, acquaintances, and intimate partners. 

(NCJ 199720). Washington, DC: United States Department of Justice, National Institute of Justice. 

45 See: Truman, J., & Langton, L. (September 2015). Criminal victimization, 2014. Washington, DC: Bureau of Justice 

Statistics. Available at: https://www.bjs.gov/content/pub/pdf/cv14.pdf. See also National Institute of Justice, 

“Practical Implications of Current Domestic Violence Research: For Law Enforcement, Prosecutors and Judges.” 

Online. 2009. https://www.ncjrs.gov/pdffiles1/nij/225722.pdf. 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -22-

them. Given these realities, restorative justice may offer a possibility for addressing the 

violence in the relationship and helping keep the relationship violence free.

One restorative justice model is “family group conferencing” (also referred to as restorative 

community conferencing), and works with the victim together with the person who caused 

harm, including family and community members on both sides in the dialogue, as well. In one 

study of this method of working with youth who have caused harm, youth who completed the 

conferencing program had much lower recidivism rates as compared to youth who were

adjudicated delinquent for the same crimes.45F

46 Family group conferencing or restorative 

community conferencing is largely untested, however, in its application to intimate partner 

violence. We still need more information and evaluation about what restorative justice

programs require to be effective and safe in that context. 

Although some victim advocates consider restorative justice models to be a promising approach 

to intimate partner violence, other victim advocates do not support the use of restorative 

justice approaches due to concerns for the safety of the victims and the accountability of the 

person who caused harm. However, some antiviolence activists argue that restorative justice

approaches, particularly family conferencing models, provide greater protection for the 

survivor and require accountability by the abuser because of the involvement of the family and 

community in reinforcing that accountability.46F

47

Roundtable participants agreed that there is a need for greater opportunities to explore 

different models that can present victims of intimate partner violence or sexual assault with 

choices in pursuing accountability and healing, particularly for those survivors who do not want 

to engage with the criminal legal system as their first or only choice. 

 

46 The recidivism rates were 26.5% for rearrests and 11.8% for delinquency adjudications (as compared to 45% and 

31.4% of youth in the juvenile justice system). National Council on Crime & Delinquency (NCCD), “Scaling 

Restorative Community Conferencing Through a Pay for Success Model.” Online. 2015. 

http://www.nccdglobal.org/sites/default/files/publication_pdf/rj-pfs-summary.pdf. 

47James Ptacek and Loretta Frederick, “Restorative Justice and Intimate Partner Violence.” Online. 2009. 

http://vawnet.org/material/restorative-justice-and-intimate-partner-violence. 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -23-

Moving Forward: Addressing Key Gaps

Key Gaps Regarding Black Girls in the Criminal Legal System

Roundtable participants noted that there remain key gaps in our collective understanding about 

the unique vulnerabilities of Black girls who face domestic violence and sexual assault, in large 

part because there has been limited research focused on the experiences of Black girls. These 

gaps in understanding include:

 The overall impact of domestic violence mandatory and pro-arrest laws on African 

American girls

 The ways in which conditions and experiences related to domestic violence and sexual 

assault intersect with girls’ experiences in the child welfare and social services systems

 The ways in which “dual jurisdiction” (child welfare and delinquency caseloads) increase 

girls’ vulnerability to increased criminalization 

 The critical intersections between schools and the need for more trauma-responsive 

interventions that do not marginalize Black girls who have experienced domestic 

violence and sexual assault (particularly those who have had a history of commercial 

sexual exploitation)47F

48

Key Gaps Regarding Black Women in the Criminal Legal System

Roundtable participants expressed several concerns about the undesired consequences, gaps in 

research, and gaps in support for Black women in the criminal justice system. These concerns 

include: 

 The absence and invisibility of Black women in developing criminal justice policies 

and in analyzing the impact of such policies

 Perceptions and stereotypes of some Black women survivors as aggressive 

perpetrators of violence or as invulnerable to abuse 

 The lack of sufficient culturally appropriate responses to Black women survivors and 

the impact of that on their involvement in the criminal justice system 

 Implicit or explicit biases by decision makers in the criminal justice system against 

Black women victims of domestic violence and sexual assault

 

48Monique M. Morris, “Pushout: The Criminalization of Black Girls in Schools.” New York: New, 2016. Print.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -24-

 The impact of the prison experience on Black women survivors and the lack of 

adequate services and programs while in prison and upon reentry

Roundtable participants emphasized that Black women and girls are seldom a focal point of 

discussion when developing or evaluating the impact of criminal justice policies. They are 

mentioned tangentially in most research, if at all. Because of their gender as well as their race, 

Black women and girls are rendered invisible in policy discussions, in contrast to their male and 

white counterparts.

Roundtable participants underscored a dire lack of responses available to address the needs of 

Black women survivors of domestic violence and sexual abuse in a culturally appropriate 

manner. The intersectionality of race, ethnicity, and gender needs to be central to offering the 

tools by which Black women survivors can advocate for themselves and work toward healing. A 

“one-size-fits-all” approach works no better for responding to the needs of a survivor than it 

does for sentencing schemes like mandatory minimums. Other intersections that further 

marginalization also need attention and response, such as Black women survivors who are also

HIV positive, and those who are lesbian, bi-sexual, and transgender. Within the context of the 

community it is important to talk about wellbeing and wholeness.

Roundtable participants stressed the importance of fostering more diverse leadership in 

domestic violence and sexual assault organizations and supporting greater capacity building 

and access to resources for culturally specific community-based organizations. These 

conversations need to include the faith community as well as civil rights organizations. 

Some Roundtable participants suggested changing use of the phrase “unintended 

consequences.” They asserted that the criminalization of Black women and girls has been going 

on for a long time, raising the question of whether it has been going on too long to be 

“unintended.” When decision makers in the criminal justice system are unaware of or allowed 

to include their biases in their decisions about the fate of Black women or girl survivors —as 

emphasized throughout the Roundtable—violence against Black women and girls is 

perpetuated. This is the case whether the decision maker is serving in the capacity of law 

enforcement, judge, legislator, researcher, or service provider.

Participant discussions highlighted the need to address the historical perspective and the 

intersections of issues that impact survivors. Moving forward to address these gaps requires 

attention to not only the historical role of patriarchy in underpinning violence against Black 

women and girls, but also the role of sexism, racism, and classism. The Roundtable participants 

called on the criminal justice system to shift its collective consciousness about Black women 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -25-

and violence. The voices of African American survivors and victims in anti-domestic violence

and anti-sexual assault work should be strengthened and elevated, on both the programmatic 

side and the policy side. Policymakers need to engage African American victims and survivors in 

the analysis and development of appropriate and responsive policies to gain a clear 

understanding of what these policies should look like when implemented.

The Roundtable included smaller break-out group discussions to help further identify gaps in 

the response to Black women and girls and to identify alternatives to incarceration and possible 

policy and practice changes. Notes from these discussions are included Appendix 3. 

Critical Opportunities and Emerging Policy Directions

The concerns articulated above also point to some of the key gaps identified during the 

Roundtable that are particularly relevant to better understanding and addressing the impact of 

criminalization policies on Black women and girls who are survivors of domestic violence and 

sexual abuse. Some of these areas that require further attention include:

 Conduct additional research to identify the gaps in policy development and impact, as 

well as the administration of justice, at the intersection of race and gender, with a focus 

on Black women survivors.

 Identify and incorporate the necessary components of culturally appropriate, traumaand healing-informed responses to Black women survivors into non-criminal justice 

policies and programs—which should be preferred and strengthened—as well as those 

along the criminal justice continuum. 

 Create safe environments, both structural and relational, for the support of Black 

women survivors—and Black girls—created by and for survivors.

 Increase support for Black women survivors who are incarcerated to remove and reduce

the harms related to incarceration, such as routines and practices that reinforce the 

dynamics and trauma related to domestic violence and sexual assault and further 

damage parent-child bonds.

 Address the commercial sexual exploitation of girls and recognize that girls under age 18 

who are being trafficked—i.e., girls who are minors—cannot consent to sex and should 

not be criminalized. These efforts also need to include the issues and voices of 

transgender youth.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -26-

 Address the issues of economic justice that prevent women who experience domestic 

violence and sexual assault from having real choices. Lack of economic opportunities

often keep women trapped in abusive relationships or at risk of commercial sexual 

exploitation.

 Expand who is involved in these conversations, including representatives from the 

following sectors: survivors and impacted young women and adult women, the child 

welfare system, foundations, judges, STOP Administrators (who administer VAWA funds 

at the state level), advocates for the elderly, correctional associations, juvenile justice, 

prosecutorial associations, national police and sheriffs’ associations, probation and 

parole, homeless organizations, and civil rights organizations, among others.

At the conclusion of the Roundtable, Bea Hanson thanked the planning committee, the 

presenters and the participants for engaging in this rich and challenging dialogue and for 

sharing their insights, experiences and recommendations. While acknowledging the 

complexities of these issues, many of which are beyond the scope of OVW to address, she 

made a commitment to continue to advance this dialogue with additional stakeholders and 

federal partners, and to explore ways for OVW to continue to address many of the critical 

issues raised at this Roundtable.

Afterword: Related Actions Taken by OVW Since the Roundtable 

The Roundtable provided a rich forum for dialogue on critical issues and resulted in numerous 

recommendations for further consideration and evaluation. OVW seeks to support, through its 

many different grant programs, the development of innovative, culturally specific strategies 

and projects to enhance access to services and resources for all victims of sexual assault, 

domestic violence, dating violence and stalking, with a concerted effort to address the needs of 

marginalized and underserved populations. In addition to its ongoing grant programs, OVW has 

undertaken several special initiatives. Summarized below are some of the OVW activities during 

the past year that have provided opportunities to advance the ongoing commitment on the 

part of OVW to address the critical issues raised at this Roundtable.

 As previously noted, OVW partnered with DOJ’s Civil Rights Division to draft guidance 

focused on identifying and preventing gender bias in the law enforcement response to 

sexual assault and domestic violence, and to gather stakeholder and law enforcement 

input in the development of that guidance. The Attorney General, in December of 2015, 

issued the DOJ guidance: Identifying and Preventing Gender Bias in Law Enforcement 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -27-

Response to Sexual Assault and Domestic Violence.48F

49 The guidance noted that, “the 

intersection of racial and gender stereotypes and biases can also pose unique difficulties 

for women and LGBT individuals of color seeking police services to address sexual 

assault and domestic violence incidents.”49F

50 Utilizing a series of case examples, the 

document provides guidance for law enforcement agencies to adhere to eight baseline 

principles that are centered on a trauma-informed, victim-centered approach, and to 

incorporate these principles into clear policies, comprehensive training, and effective 

supervision protocols.50F

51

 In August 2016, OVW convened a subsequent Roundtable with representatives of 

national advocacy organizations, law enforcement, prosecutorial associations, civil rights 

organizations, researchers, and other stakeholders focused on strategies to implement 

the DOJ guidance on Identifying and Preventing Gender Bias in Law Enforcement 

Response to Sexual Assault and Domestic Violence. A report from that Roundtable is 

forthcoming.

 To support communities putting the DOJ Guidance into practice, the Justice Department 

announced in September 2016 the award of nearly $10 million in grants for new 

national training and technical assistance initiatives, demonstration programs, and 

community grants designed to integrate the principles outlined in the DOJ Guidance into 

law enforcement agency policies, training, supervision protocols, and systems of 

accountability.51F

52

 In fiscal year 2016, OVW changed the working title of the Grants to Encourage Arrest 

Policies and Enforcement of Protection Orders (Arrest) Program. The new title is the 

 

49Department of Justice Office of Public Affairs, “Justice Department Issues Guidance on Identifying and Preventing 

Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence.” Online. 2015. 

https://www.justice.gov/opa/pr/justice-department-issues-guidance-identifying-and-preventing-gender-bias-lawenforcement.

50Id., p. 7.

51The principles include: (1) Recognize and address biases, assumptions and stereotypes about victims; (2) treat all 

victims with respect and employ interviewing tactics that encourage a victim to participate and provide facts about 

the incident; (3) investigate sexual assault or domestic violence complaints thoroughly and effectively; (4) 

appropriately classify reports of sexual assault or domestic violence; (5) refer victims to appropriate services; (6) 

properly identify the assailant in domestic violence incidents; (7) hold officers who commit sexual assault or 

domestic violence accountable; (8) maintain, review and act upon data regarding sexual assault and domestic 

violence.

52For more information about these grants, see Department of Justice Office of Public Affairs, “Department of 

Justice Awards $9.85 Million to Identify and Prevent Gender Bias in Policing.” Online. 2016. 

https://www.justice.gov/opa/pr/department-justice-awards-985-million-identify-and-prevent-gender-biaspolicing.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -28-

Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating 

Violence, and Stalking Grant (Improving Criminal Justice Responses) Program to more 

accurately reflect the program’s scope.52F

53

 The Principal Deputy Director of OVW traveled in April 2016 to Federal Prison Camp 

Alderson in West Virginia with colleagues from OVW and the Bureau of Prisons, as well 

as with the White House Advisor on Violence Against Women. They met with a group of 

survivors of sexual assault, domestic violence, and child sexual abuse and heard about 

their experiences of victimization prior to incarceration, as well as their need for support 

and programming while incarcerated and for reentry. They also visited vocational 

training programs at the prison that provide women with skills for employment postrelease and viewed the facility’s trauma and drug treatment programs. The Director 

published a blog about this visit during the Department of Justice’s first ever National 

Reentry Week.53F

54

 OVW awarded a grant in September 2016 to the National Clearinghouse for the Defense 

of Battered Women (NCDBW), in collaboration with several statewide domestic violence 

and sexual assault coalitions, to launch a new project entitled Ending Mass 

Incarceration, Centralizing Racial Justice and Developing Alternatives: The Role of AntiDomestic Violence and Sexual Assault Organizations. The purpose of this project is to 

engage anti-domestic violence and sexual assault advocates to address the 

consequences of mass incarceration, including on survivors of domestic violence and 

sexual assault; incorporate racial justice into all areas of their work; explore possible 

alternatives to criminal legal interventions; and enhance access to services for all 

victims/survivors, including those involved with the criminal justice system. 

 OVW announced nine new research projects in September 2016. This was the first set of 

awards provided under its new Research and Evaluation Initiative that was launched 

earlier in the year. All nine awards focus on learning more about effective approaches 

for the life-saving work authorized under VAWA and examining specific issues related to 

victims from marginalized and underserved populations. The Research and Evaluation 

Initiative emphasizes researcher-practitioner partnerships that can identify effective 

 

53Department of Justice Office on Violence Against Women, “Important Notice to OVW Grantees, Applicants, and 

Stakeholders: Title Change to the Grants to Encourage Arrest Policies and Enforcement of Protection Orders 

Program.” Online. 2016. https://www.justice.gov/ovw/blog/important-notice-ovw-grantees-applicants-andstakeholders-title-change-grants-encourage.

54Department of Justice Office on Violence Against Women, “Strengthening Communities and Supporting Survivors 

in Reentry.” Online. 2016. https://www.justice.gov/opa/blog/strengthening-communities-and-supportingsurvivors-reentry
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -29-

strategies and lead to sustainable ways of responding to sexual assault, domestic and 

dating violence and stalking, plus reduce the harmful impact of these crimes on victims 

and communities. In particular, a grant to the University of California, Los Angeles, will 

fund a study on the effects of violence and victimization on incarcerated women and an 

evaluation of a program designed to reduce the recurrence of violence and victimization 

in their lives. Another grant was provided to the Fund for the City of New York to 

undertake a survey of programs that use restorative justice to address domestic 

violence and develop guidelines for restorative justice programs.54F

55

 OVW issued a new award in 2016 to Just Detention International (Just Detention) to 

continue its technical assistance work with OVW grantees to support incarcerated and 

formerly incarcerated victims. Specifically, in order to build the capacity of rape crisis 

centers and coalitions to provide culturally sensitive services for incarcerated and 

formerly incarcerated sexual abuse survivors, Just Detention will focus on expanding 

and enhancing existing materials and adapting them to meet local needs and challenges, 

and providing advanced training and technical assistance to rape crisis centers and 

coalitions.

 OVW revised its grant solicitations to provide additional information about activities 

that may compromise victim safety and recovery. OVW added language to all 

solicitations indicating that procedures or policies that exclude victims from receiving 

assistance based on their criminal record are activities that have been found to 

jeopardize victim safety or deter or prevent physical or emotional healing for victims. 

The guidance notes that policies that do not directly exclude victims may still have the 

impact of excluding them. One example that is provided is that if a program uses 

criminal background checks as part of their screening process, it may deter victims with 

a criminal history from coming forward and could be considered a practice that 

compromises victim safety.

 OVW, in partnership with the Office of Juvenile Justice and Delinquency Prevention as 

well as the National Girls Initiative, convened a roundtable in February 2016 with a 

group of advocates representing the violence against women and the juvenile justice 

reform for girls’ communities. The roundtable focused on the unintended consequences 

 

55 Department of Justice Office on Violence Against Women, “Justice Department Announces Nine Studies Focused 

on Approaches to Life-Saving Work Authorized by the Violence Against Women Act,” September 30, 2015, 

Retrieved at: https://www.justice.gov/opa/pr/justice-department-announces-nine-studies-focused-approacheslife-saving-work-authorized
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -30-

of domestic violence mandatory and pro-arrest policies on girls and young women, as 

well as the disproportionate impact on communities of color. A report of the roundtable 

discussion and recommendation, Unintended Consequence: Addressing the Impact of 

Domestic Violence Mandatory and Pro-Arrest Policies and Practices on Girls and Young 

Women, was published by the National Girls Initiative.5F

56

 OVW convened additional roundtables this past year to further analyze and discuss

emerging issues in the areas of violence against women. This included the following 

roundtables: Restorative Practices in Cases of Intimate Partner Violence; Judicial 

Roundtable on Mediation; and Where We’ve Been, Where We’re Going: Mobilizing Men 

and Boys to Prevent Gender-Based Violence. Reports of the discussions and 

recommendations from each of these roundtables are forthcoming. 

 In June 2016, OVW participated in the White House Summit on the United State of 

Women. Over 5,000 people traveled to Washington, D.C., from all across the country 

and around the world, and many thousands more attended via livestream. During the 

Summit, various breakouts, referred to as “Solution Seminars” focused on violence 

against women issues. The Principal Deputy Director of OVW moderated one of these 

breakouts, entitled “From the Margins to the Center: Solutions to Stopping Violence in 

All Communities,” which was livestreamed nationally and can be viewed on the Watch 

the Summit webpage (at 4:15:17). The discussion centered around the increasing need 

for interventions addressing domestic and sexual violence to be led by and for diverse 

communities. The panel discussed how this could be done through culturally based and 

innovative approaches that build on the strengths and resilience of their communities.

 Following the United State of Women Summit, OVW, in conjunction with the DOJ Office 

for Victims of Crime and the Family Violence Prevention and Services Office of Health 

and Human Services, co-hosted an event in June, 2016, entitled “Reimagining, 

Reinvigorating and Moving Forward to End Sexual Assault, Domestic violence, Dating 

Violence and Stalking.” Leaders from national, state, tribal, and local domestic violence, 

sexual assault, dating violence, and stalking organizations facilitated discussions for

more than 400 participants on promising practices, innovative approaches, and the 

needs of survivors in marginalized and underserved communities. Topics included 

improving the criminal justice response to violence against women, exploring alternative 

pathways to safety and healing for survivors, enhancing the role of health care providers 

 

56Francine T. Sherman, “Unintended Consequences: Addressing the Impact of Domestic Violence Mandatory and 

Pro-Arrest Policies and Practices on Girls and Young Women.” Online. 2015. http://nationalcrittenton.org/wpcontent/uploads/2015/03/Unintended-Consequences-NGI.pdf.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -31-

in prevention and intervention efforts, improving access to shelter and housing, 

economic justice, tribal sovereignty and fostering youth leadership.56F

57

 

57 Department of Justice Office on Violence Against Women, “The United State of Women, Together We are All 

Stronger,” June 30, 2016, Available at https://www.justice.gov/ovw/blog/united-state-women-together-we-areall-stronger.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -32-

Appendix 1: Participants

 

ROUNDTABLE ON THE IMPACT OF INCARCERATION AND MANDATORY MINIMUMS ON SURVIVORS: EXPLORING 

THE IMPACT OF CRIMINALIZING POLICIES ON AFRICAN AMERICAN WOMEN AND GIRLS 

September 21-22, 2015

Washington, DC

PARTICIPANT LIST

Facilitators 

Stephanie Bush-Baskette

Founder and President

Sojourn Institute, LLC

Egg Harbor City, NJ 

Monique Morris

Co-Founder

The National Black Women's 

Justice Institute

Oakland

Participants 

Carol Adams

Sergeant

Richmond Police Department

Richmond, VA 

Afua Addo

Women's Services Coordinator

Center for Court Innovation

Kew Gardens, NY 

sujatha baliga

Director, Restorative Justice Project

Impact Justice

Oakland, CA

Kimberly Baxter

Director, Iowa Accountability Program

State Court Administrator's Office

Iowa Judicial Branch 

Des Moines, IA 

Dee Bell

Interim Executive Director

American Probation and Parole 

Association

Lexington, KY 

Carrie Bettinger-Lopez

White House Advisor on Violence Against 

Women

Washington, DC

Alisa Bierria

Member

Free Marissa Now

San Francisco, CA 

Nola Brantley

Chief Executive Officer

Nola Brantley Speaks

San Pedro, CA 

Sumayya Coleman

Organizer

African-American/Black Women's Cultural 

Alliance and Allies

Chester, VA 

Karma Cottman

Executive Director

DC Coalition Against Domestic Violence

Washington, DC
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -33-

Shawndell Dawson

Program Specialist

U.S. Department of Health and 

Human Services

Family Violence Prevention and Services 

Program

Washington, DC 

Sharron Fletcher

Lead Victim Justice Specialist

Office for Victims of Crime

Washington, DC 

Sherelle Hessell Gordon

Executive Director

DC Rape Crisis Center

Washington, DC 

Ayanna Harris

Co-Organizer

Love&Protect

Chicago, IL 

Deon Haywood

Executive Director

Women With A Vision

New Orleans, LA 

Lisalyn Jacobs

Vice-President, Government Relations

Legal Momentum

Arlington, VA 

Mimi Kim

Assistant Professor

California State University, Long Beach

Long Beach, CA 

Kimberlyn Leary

Advisor

White House Council

Women and Girls 

Washington, DC

Ron LeGrand

Vice Presient, Public Policy

National etwork to End 

Domestic Violence

Washington, DC 

Tonya Lovelace-Davis

Chief Executive Officer

The Women of Color Network, Inc.

Harrisburg, PA 

Kathy Manning

Program Manager

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and Delinquency 

Prevention

Washington, DC 

Sue Osthoff

Director

National Clearinghouse for the Defense of 

Battered Women

Philadelphia, PA 

Jeannette Pai-Espinisa

President

The National Crittenton Foundation

Portland, OR 

Catherine Pierce

Senior Advisor to the Administrator

U.S. Department of Justice

Office of Justice Programs

Office on Juvenile Justice and Delinquency 

Prevention 

Washington, DC 

Tina Reynolds

Executive Director

WORTH Women on the Rise 

Telling Her Story

Brooklyn, NY 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -34-

Beth Richie

Professor and Department Head

African American Studies

University of Illinois At Chicago

Chicago, IL 

Francine Sherman

Professor

Boston College Law School

Newton, MA 

Valarie Shultz-Wilson

Chief Executive Officer

Urban League of Southern Connecticut

Stamford, CT 

Joanne Smith

Executive Director

Girls for Gender Equity

Brooklyn, NY 

Rita Smith

Consultant

Rita Smith, LLC

Denver, CO 

Kemba Smith-Pradia

Consultant

Kemba Smith Foundation

Virginia Beach, VA 

Nan Stoops

Executive Director

Washington State Coalition Against 

Domestic Violence

Seattle, WA 

Carl Wicklund

Consultant

Nicholasville, KY 

Oliver Williams

Executive Director

Institute on Domestic Violence in the 

African-American Community

University of Minnesota 

Saint Paul, MN 

 

Note Taker 

Aishatu Yusuf

Consultant

Oakland, CA 

Office on Violence Against Women 

Michelle Brickley

Associate Director

U.S. Department of Justice

Office on Violence Against Women 

Washington, DC 

Bea Hanson

Princial Deputy Director

U.S. Dpartment of Justice

Office on Violence Against Women 

Washington, DC 

Rosie Hidalgo

Deputy Director for Policy

U.S. Department of Justice

Office on Violence Against Women 

Washington, DC 

Darlene Johnson

Associate Director

U.S. Department of Justice

Office on Violence Against Women 

Washington, DC 

Nadine Neufville

Deputy Director for Grant Development 

and Management

U.S. Department of Justice

Office on Violence Against Women 

Washington, DC 

Paule Tessier

Program Manager

U.S. Department of Justice

Office on Violence Against Women 

Washington, DC
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -35-

Appendix 2: Agenda

OVW Roundtable

The Impact of Incarceration and Mandatory Minimums on Survivors: 

Exploring the Impact of Criminalizing Policies on 

African American Women and Girls

September 21 & 22, 2015

Office on Violence Against Women

145 N Street, NE; Room 1W.1201/1W.1203

Washington DC, 20530

Goals: 

 To review the impact of criminalization policies on African American women and 

girls who are survivors of domestic and sexual violence, including the impact of 

arrest, detention, incarceration, and mandatory minimums;

 To review efforts to prevent and respond to domestic and sexual violence since the 

passage of the Violence Against Women Act, and identify challenges and remaining 

gaps that impact African American women and girls;

 To discuss policy recommendations and new initiatives to reduce or eliminate the 

harm that domestic violence or sexual assault victims may experience in the 

criminal legal system, particularly survivors from African American communities; 

 To identify new initiatives, frameworks, promising practices, and policy 

recommendations to create a continuum of options for safety and wellbeing to 

better meet the needs of survivors from African American communities.

Monday, September 21, 2015

8:30 – 8:45 am Arrive at OVW

9:00 – 9:45 am Welcome/Introductions

OVW Welcome: Bea Hanson, Principal Deputy Director

Housekeeping and Logistics: OVW

Roundtable Goals/Participant Introductions

9:45 – 10:30 am Framing the Issues 
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -36-

- VAWA and Black American women and girls: What 

are the updates?

- What are the unintended consequences and gaps in 

support for African-American Women and Girls who 

experience domestic and sexual violence?

10:30 – 10:45 am Break 

10:45 – 12:00 pm Continue – Framing the Issues

- What are “mandatory minimums” and how have 

they impacted Black American women and girls?

- What other criminalizing policies or practices 

should be considered in this conversation about 

DV/SA and the risk of incarceration for Black 

American women?

- What are the culturally competent, trauma- and 

healing-informed resources available to 

incarcerated/detained Black women and girls?

12:00 – 1:00 pm Lunch

1:00 – 2:30 pm Exploring Intersections between DV/SA and VAWA: 

Systems Responses 

- How are mandatory minimums helping or hurting 

efforts to reduce domestic violence/sexual assault 

against women and girls of color?

- How does incarceration impact the willingness of 

survivors in Communities of Color to call the police 

or seek help?

- What education and training are needed for the 

criminal justice system to better respond to Black 

women in these circumstances?

2:30 – 2:45 pm Break

2:45 – 3:45 pm The Research 

- What are the research gaps?

- What are your recommendations re: future areas of 

research that might inform policy and practice on 

this topic?
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -37-

3:45 – 4:15 pm Establishing the Foundation for New Policy Frameworks

4:15 – 4:45 pm Summary of Key Themes

4:45 – 5:00 pm Announcements/Closing

Tuesday, September 22, 2015

8:30 – 8:45 am Arrive at OVW

9:00 – 9:30am Debrief of Day 1

9:30 – 10:30 am Promising Alternatives to Incarceration 

- What emerging paradigms of justice (policy and 

practice) should inform future practices to reduce 

the negative impact of incarceration and mandatory 

minimums on Black women and girls?

10:30 – 11:30 pm Continued discussion about Alternatives

Small Group 

11:30 – 12:00pm Report Out

12:00 – 1:00 pm Lunch

1:00 – 2:30 pm Discussion of Possible Policy & Practice 

Recommendations 

2:30 – 3:00pm Next Steps and

The role of national and local advocates

- Who is missing from the conversation?

- How/when should they be invited to join the 

conversation?

3:00-3:15 pm Closing of Roundtable
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -38-

Appendix 3: Break-Out Session Notes

The Roundtable included smaller break-out group discussions to help further identify gaps in 

the response to Black women and girls and to identify alternatives to incarceration and possible 

policy and practice changes. Below are the notes from the break-out group brain-storming 

sessions. 

SEXUALLY EXPLOITED WOMEN AND GIRLS

● The language that is used to discuss victims and survivors should be changed. The term 

“prostitute” is shaming and damaging. Participants suggested that research on the topic 

of women and girls who are trafficked should acknowledge their victimization in this 

relationship. 

● It is important to fund programs that seek reform on this issue and that help victims of 

trafficking access programs rather than be sent to jail.

● The re-authorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA) is a 

critical opportunity to engage in specific research and policy analysis that examines the 

possibility of eliminating the valid court order exception.57F

58

● Participants noted the importance of centering the following inquiry: What is the 

intersection between foster care and victimization and criminalization?

● There is a need to connect research on brain science to the youth justice system and to 

look at the continued victimization of girls as they transition from being victimized as 

youth to being victimized as adults.

● Participants felt that Black women who have children in prison need to be protected. 

More research and policy responses are needed to better understand and respond to 

this issue.

● There is a need for more comprehensive parental support programs to help build 

relationships between incarcerated women and their children. Participants stressed the 

need for parenting support beyond just parenting classes.

 

58 Since 1974, the Deinstitutionalization of Status Offenders (DSO) core requirement of the federal Juvenile Justice

and Delinquency Prevention Act (JJDPA) has provided that youth adjudicated for a status offense may not be 

placed in locked confinement.1 In 1984, the JJDPA was amended to provide an exception to the DSO core 

requirement that allows judges to securely confine youth adjudicated for a status offense if the child violated 

a “valid” order of the court (known as the Valid Court Order exception). See Office of Juvenile Justice and 

Delinquency Prevention. (Fall/Winter 1995). “Deinstitutionalizing Status Offenders: A Record of Progress.” Juvenile 

Justice, II (2). Washington, DC: U.S. Department of Justice.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -39-

JUSTICE REINVESTMENT/DE-INCARCERATION

 There should be more of a focus on Justice Reinvestment58F

59 as opposed to just deincarceration. Jurisdictions should use the justice reinvestment approach to determine 

how to invest a portion of the generated savings from policy changes, such as reducing 

or averting growth in the jail and prison populations, in strategies to increase public 

safety. Increased public safety strategies could include community-based treatment and

probation, prevention-oriented policing strategies, and community-based recidivism 

reduction efforts.

 Participants raised concerns that when some jails/prisons are privatized they do not 

have the same incentive to reduce incarceration and invest in prevention-oriented 

policies.

 There is a need to invest more in collecting data regarding the impact of re-investment

and what happens when money that is saved by reducing incarceration is re-invested in 

communities. Additional funds are also necessary for pre-investment. Preventing 

incarceration of those who have experienced abuse is better for individuals, families,

and communities, rather than spending funds on re-entry after incarceration.

 Participants discussed the importance of supporting policies that end school “pushout” 

of Black girls. Communities also need to examine the role is of the school resource 

officer and whether schools have adopted more of a criminalizing approach as opposed 

to a trauma-informed approach to working with youth. 

SELF-DEFENSE AND FAILURE TO PROTECT 

● It is important to further develop and fund victim advocacy that is not tied to 

prosecutors or criminal legal systems.

● Policies need to be reassessed to de-criminalize survival strategies and provide 

adequate services instead.

● It is important to develop further research and policies that recognize self-defense by 

victims of abuse.

● Research and policies are necessary to address strategies by survivors that get 

interpreted as “failure to protect” in the child welfare system. Efforts should be made to 

support victims and their children holistically.

RE-ENTRY AND HEALING

 

59Department of Justice, Office of Justice Programs, “What is Justice Reinvestment?” Online. 2016. 

https://www.bja.gov/programs/justicereinvestment/what_is_jri.html.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -40-

● Further analysis and research is needed regarding the costs of incarceration, including 

the costs to families and communities, and to explore the economic impacts of 

alternatives to the incarceration.

● Screening and intake background checks of criminal history should not be used to 

screen people out of services or limit their access to services.

● There is a need to re-structure the OVW and DOJ mission to lead with the inclusion of 

prevention language.

● Evaluation components need to include the community perspective.

● It is important to end practices around shackling women who give birth while 

incarcerated.

● OVW should hold listening sessions and convene meetings with survivors to listen to 

those who have lived the experiences discussed in this Roundtable, including doing a 

listening session with women in prison.

POLICY ISSUES

● There is a need to provide more funding for program evaluation in order to better 

assess which approaches are having an impact and which are not as effective.

● It is necessary to provide greater capacity training, technical assistance, and resources 

for grassroots programs that are “in the trenches.”

● There is a need for increasing opportunities for training and assistance to small 

programs that do not have the capacity to write federal grants.

● Advocates who work with smaller grassroots organizations should be provided with a 

living wage.

● Funding options should be broadened to provide more opportunities for holistic and 

innovative approaches and to support evaluations for these initiatives.

● Participants raised concerns about the increasing role of the private prison industry.

● It is necessary to look at systemic issues that impact victims of domestic violence and 

sexual assault, such as homelessness, poverty, and the role of child protective services.

● The name of OVW’s “Grants to Encourage to Arrest” should be changed and 

consideration should be given to restructuring funding streams.

● The time is overdue to reassess the amount of OVW funding that goes to law 

enforcement and to supporting a prosecutorial paradigm.

● Public awareness efforts, community engagement, and trainings need to be expanded 

to include more faith-based communities and Black Greek organizations.

● There is a crisis of Black women who are incarcerated. Addressing this issue is not just 

about technical assistance workshops or grants, but rather it important that national 

leadership is focusing on the issues of Black girls and women.
OVW Roundtable – The Impact of Incarceration and Mandatory Minimums on Survivors -41-

● Trainings for prosecutors and law enforcement should be enhanced to help them better 

understand the negative impact their decisions have on Black girls and women who are 

survivors.

● OVW should develop a document and plan focused on the needs identified in the 

Roundtable to highlight and address these issues in a strategic and sustained manner.