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