Working
Against Cruelty
The slow, but promising, crackdown on animal abuse in
America
By
Susan Palmquist
While most pets are loved and
respected by the people who bring them into their lives and homes, some animals
aren’t so lucky. Companion animals can easily become the target of their
guardian’s anger and frustration. Whether it’s the dog who is left outside all
day without shelter or water, or the cat who becomes a punching bag, animal
cruelty takes many forms.
Thankfully, animal welfare organizations
and changes in legislation are leading to the arrest of more animal abusers,
with many cases finally going to trial.
What’s on the Books
While
anti-cruelty statutes don’t give animals specific rights per se, they do offer
animals their primary, and sometimes only, form of legal protection. Every
state and the
District of Columbia
has animal anti-cruelty statutes. Most of them prohibit abandoning an animal;
intentionally or knowingly harming an animal; or failing to supply an animal
with food, water, or shelter. The trick for prosecutors has been proving
intent, which has meant that many abusers walk away unpunished. But the law is
increasingly on the prosecution’s side. For instance, in 36 states, laws either
allow or require the court to order defendants in animal cruelty cases to
forfeit their right to “own” animals if convicted.
Besides many misdemeanor charges for
anti-cruelty, 41 states and the District of Columbia also have felony-level penalties
for certain types of cruelty, and many new laws passed in 2003 that lean toward
imposing even stricter penalties. One form of animal cruelty that has gained
notoriety and led to
some felony convictions—is organizedanimal fights, especially with Pit Bull Terriers.
A recent case involved a Pittsville,
Va., man who was the
first person tried under the
Federal
Anti-Cruelty Law, signed by President Clinton in 1999. It took a jury only 45
minutes to convict Robert Stevens on three counts of selling dog-fighting videotapes.
The federal law bans the knowing creation, possession, or sale of depictions of
animal cruelty for profit. Stevens will be sentenced April 21 and could face up
to 15 years in prison and a $750,000 fine.
On Air and In Towns
Helping
to educate the public about animal cruelty and the laws against it is the
award-winning Animal Planet program, “Animal Precinct,” which follows ASPCA
Humane Law Enforcement officers on their day-to-day duties. “The show has had a
huge impact on people’s awareness of animal cruelty,” says Ledy VanKavage,
senior director of legislative services for the ASPCA National Shelter Outreach
in
Maryville,
Ill. “Not a day goes by when the ASPCA doesn’t
receive an e-mail or call [from someone] telling us they saw the show and could
we go and investigate a case for them,” VanKavage says.
While calls and e-mails come from across
the country, VanKavage says many viewers don’t realize that only agents in
New York have police
authority. The ASPCA is helping to train local police and sheriff’s departments
to learn more about animal cruelty laws so they’re better equipped to deal with
cases in their own communities. People who are interested in finding out more about
the training aids offered by the ASPCA can call the ASPCA Government Affairs and
Public Policy Department at (518) 465-2061.
Another organization that’s been addressing
animal cruelty on a community level is the Humane Society of the United States
(HSUS) in
Gaithersburg,
Md. In 1997, HSUS launched First Strike, a
campaign that focuses on raising awareness of the connection between animal
abuse and human violence. First Strike offers day-long workshops for local
communities that involve area social workers, prosecutors, and police officers,
and are tailored to that particular community’s needs.
“It’s very much a grassroots-based campaign
and has been very well-received around the country,” says Ginger Beckett, First
Strike campaign manager.
Making the Connection
Beckett
says the First Strike e-newsletter now goes to 3,000 subscribers, including
counselors, social workers, prosecutors, and people who see evidence of the connection
between animal abuse and human violence. “I think we’re all aware that from an
early age most serial killers often abuse animals, but many people don’t
realize that animal abuse and family violence is prevalent in their own
communities,” Beckett says.
In fact, according to the HSUS, animals in
homes with family violence were usually victims of violent behavior, too. One
study showed that animals were abused in 88 percent of homes where a child was
abused.
Not all cases of animal cruelty are
directed at dogs and cats, and this can create some blurry legal language.
Minnesota’s anti-cruelty
law is one case in point. In 1994, two brothers in
Scott
County
intentionally starved 70 dairy cows. The brothers received a mere $700 fine and
served no jail time. For the Minnesota Animal Rights Coalition, this was not
good enough, says past president Mary Britton Clouse. The group gathered 30,000
signatures in an attempt to push forward the signing of an anti-cruelty
statute.The group’s goal was to see every living creature included in this law,
but this was not the outcome.
“Unfortunately, the bill passed on the
second version, which did include animals like dogs and cats, but excluded farm
animals and wildlife,” says Britton, who now runs Chicken Run Rescue in
Minneapolis. The issue
even divided the
Minnesota
animal rights community, Britton says.
On Aug. 1, 2002,
Minnesota became the 33rd state to enact
legislation making certain acts of cruelty to animals a felony. Its anti-cruelty
statute also imposes a probation period during which time a person convicted of
violating the law may not have “ownership” of the animal, must be subject to
random visits from a control officer, must perform community service in a
humane facility, and must undergo psychological counseling.
One case that did help shape
Minnesota anti-cruelty
laws involved a dog named Kona. Two boys in
Columbia Heights beat the dog almost to
death. They were arrested, but nothing was done. Kona survived the beating, but
was left with brain damage and blindness in one eye. Britton says the case got
so much publicity that it did a lot to raise the public’s awareness of animal
abuse.
The majority of people working in animal
welfare agree that the public’s awareness of animal cruelty is one of the keys
to helping protect animals. There are many things you can do as well: Educate
your children to respect animals; get involved in the legislative process; ask
elected officials to support laws that aim to protect all animals; and get your
pet spayed or neutered.
Chicago Cares About Cruelty
A
group in
Chicago
is keeping tabs on animal-related court hearings. Dog Advisory Work Group
(D.A.W.G.) is a coalition of dog guardians, non-dog guardians, and private and
public organizations that works together to help communities improve the
overall coexistence of dogs, dog guardians, and non-dog guardians. They also train
court advocates to attend hearings, and partner with the Chicago Police
Department, Chicago Alternative Police Strategy (CAPS), and Animal Care and
Control. Since 2001, D.A.W.G. has followed court cases, tripling the number of
cases they’ve followed over the years to close to 150 in 2004.
“Dog fighting and all the cruelty and
violence associated with it have been increasing in recent years, not just in
Chicago, but all over the
U.S.,” says Cynthia Bathurst,
co-founder of D.A.W.G. and its 2004-2005 honorary director. “It’s seen by many
youth and gangs as a form of exhilarating entertainment,”
Bathurst says.
On Jan. 1, 2002, new and strengthened laws
went into effect in
Illinois
as part of the Humane Care for Animals Act, and dog fighting was added to the
Criminal Code. Since then, according to
Bathurst,
D.A.W.G. court advocates have noted an increase in the number of cruelty-related
arrests and convictions, as well as stronger penalties for those who are
convicted.
Bathurst
says the cases have changed in both kind and scope mainly because of the new
laws. “More than 30 percent of the cases we have followed have been
convictions, a relatively high rate when compared to most other kinds of cases,”
she explains.
The reason for the high rate is more than
just increased public awareness,
Bathurst
says. Since it was passed in
Illinois
in 2003, a property forfeiture law has had an impressive impact. Similar to the
drug law, this dog-fighting law allows officials the right to seize property,
vehicles, and bank accounts of anyone convicted of dog fighting. In fact, the
drug and dog-fighting laws often end up crossing paths,
Bathurst says. Officers who enter a house to
investigate dog fighting often find drugs and guns there as well.
“D.A.W.G. court advocates have seen
considerably stronger sentences for offenders convicted of cruel treatment…mainly
because of the strengthened laws,”
Bathurst
says. “Probation, work details, community service, and jail time, as well as
orders of no contact with companion animals are among the penalties,” she adds.
