False Allegations And Burden On The Courts by Charles E. Corry, Ph.D.


 

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Note: The term "redfems" is used as a synonym for neo-Marxist radical feminists as described by the essays here.

Index

Burden on the courts

Problems resulting from draconian provisions of current law

Statewide police incidents vs. court cases

Number of male victims reported by the Colorado Bureau of Investigation

Estimates of false allegations

Based on state court data

Based on Colorado Bureau of Investigation data

Based on National Crime Victimization Survey data

Summary of estimates of false allegations in domestic violence cases


 

Burden on the courts

Top

The shear burden thousands upon thousands of often trivial and frequently false "he said/she said" domestic violence and abuse cases place upon the court system has not been accounted for. As shown in Table 70 and Table 71, domestic violence cases exceed all other categories of misdemeanors. Since 2001 domestic violence cases have accounted for over 20% of all misdemeanors in Colorado and the total percentage is still increasing as of 2010, amounting to 26% of all misdemeanor court cases (Table 71). Yet all available evidence shows actual intimate partner violence is decreasing, or is unchanged as a percentage of the population, and is but a small fraction of the crimes committed in Colorado.


 
    Table 70: Tabulation of civil and misdemeanor filings in the Colorado county courts for fiscal years 1999 through 2004 in order of frequency

Type of filing

Year 1999

Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

Total

%

Total

%

Total

%

Total

%

Total

%

Total

%

 

County Civil

Money

77,428

63.5%

79,420

62.5%

89,099

63.7%

96,380

63.4%

105,266

63.7%

104,728

63.4%

Protection orders

(all types)

10,624

8.7%

11,951

9.4%

12,467

8.9%

13,615

11.2%

14,972

9.1%

14,060

8.5%

Protection orders

ªdomestic abuse)

Not listed separately before 2002

7,513

4.9%

8,287

5.0%

7,917

4.8%

Other

33,845

27.8%

35,646

28.1%

38,353

27.4%

41,910

27.6%

44,972

27.2%

46,536

28.1%

 

Misdemeanors

Domestic violence

13,253

19.0%

13,929

18.9%

15,225

21.0%

15,414

21.1%

16,159

21.7%

15,255

20.4%

Underage alcohol

4,704

6.7%

13,262

18.0%

11,327

15.7%

11,651

16.0%

11,423

15.4%

11,314

15.1%

Drugs

7,620

10.9%

8,708

11.8%

7,681

10.6%

7,668

10.5%

7,912

10.6%

8,653

11.6%

Offense against person

6,425

9.2%

7,945

10.8%

7,486

10.4%

8,251

11.3%

8,255

11.1%

8,091

10.8%

Assault

Included in offenses against persons before 2003.

3,108

4.2%

2,968

4.0%

Child abuse

2,306

3.1%

2,352

3.2%

Forgery

115

0.2%

144

0.2%

Harassment

2,414

3.3%

2,337

3.1%

Menacing

312

0.4%

290

0.4%

Offense against property

4,799

6.9%

4,984

6.8%

4,855

6.7%

5,222

7.2%

5,514

7.4%

5,413

7.2%

Arson

Included in offenses against property before 2003.

61

0.1%

47

0.1%

Criminal mischief

1,323

1.8%

1,273

1.7%

Theft

4,130

5.6%

4,093

5.5%

Animal violation

Not listed before 2001

1,878

2.6%

2,637

3.6%

2,720

3.7%

3,238

4.3%

Alcohol

Not listed

separately

before 2000

1,451

2.0%

3,330

4.6%

2,965

4.1%

3,570

4.8%

3,483

4.7%

Public peace&order

1,556

2.1%

1,645

2.3%

1,685

2.3%

1,931

2.6%

2,391

3.2%

Trespass

1,046

1.4%

1,066

1.5%

1,140

1.6%

1,199

1.6%

1,133

1.5%

Wildlife

1,006

1.4%

1,707

2.4%

1,663

2.3%

1,544

2.1%

1,499

2.0%

Weapon

916

1.2%

687

1.0%

746

1.0%

644

0.9%

713

1.0%

Habitual traffic

739

1.0%

1,780

2.5%

1,775

2.4%

1,988

2.7%

2,211

3.0%

Fraud

1,562

2.2%

1,552

2.1%

1,810

2.5%

1,824

2.5%

1,182

1.6%

1,042

1.4%

Sex offense

287

0.4%

428

0.6%

513

0.7%

450

0.6%

438

0.6%

478

0.6%

Gambling

Not listed

separately

before 2000

377

0.5%

256

0.4%

141

0.2%

154

0.2%

172

0.2%

Bail violation

246

0.3%

287

0.4%

346

0.5%

261

0.4%

190

0.3%

Escape

218

0.3%

221

0.3%

302

0.4%

297

0.4%

243

0.3%

Cruelty to animals

193

0.3%

147

0.2%

93

0.1%

168

0.2%

187

0.3%

Public indecency

168

0.2%

212

0.3%

192

0.3%

134

0.2%

192

0.3%

Prostitution

30

0.0%

26

0.0%

19

0.0%

40

0.1%

47

0.1%

Perjury

12

0.0%

10

0.0%

9

0.0%

9

0.0%

5

0.0%

Municipal court appeal

9

0.0%

11

0.0%

15

0.0%

11

0.0%

13

0.0%

Other

(all offenses not

broken out individually)

27,976

40.0%

14,084

19.1%

9,512

13.2%

8,765

12.0%

8,814

11.9%

8,816

11.8%

Top


 

After 2005 the Colorado State Court Administrator broke out a number of crime categories that had been lumped together previously under categories like offenses against persons. Table 71 shows both the individual numbers of offenses in each category and the sum of offenses formerly lumped together in that category for the years 2005 and on.


 
    Table 71: Tabulation of civil and misdemeanor filings in the Colorado county courts for fiscal years 2005 through 2010 in order of frequency.

Type of filing

Year 2005

Year 2006

Year 2007

Year 2008

Year 2009

Year 2010

Total

%

Total

%

Total

%

Total

%

Total

%

Total

%

 

County Civil

Money

112,776

64.1%

110,140

62.5%

118,356

64.0%

131,304

66.4%

141,330

69.6%

148,425

71.7%

Protection orders

(all types)

13,580

7.7%

13,620

7.7%

13,261

7.2%

13,527

6.8%

13,883

6.8%

13.527

6.5%

Protection orders

(domestic abuse)

7,478

4.3%

7,237

4.1%

6,687

3.6%

6.967

3.5%

7,803

3.8%

7,480

3.6%

Other

49,491

28.1%

52,484

29.8%

53,377

28.9%

53,398

26.9%

47,745

23.5%

45,002

21.7%

 

Misdemeanors

Domestic violence

15,091

20.8%

16,767

22.1%

17,330

23.4%

17,833

24.1%

18,691

25.7%

18,402

26.4%

PO violation

365

0.5%

2,644

3.5%

3,456

4.7%

4,269

5.8%

5,113

7.0%

5,434

7.8%

Drugs

8,981

12.4%

9,198

12.2%

10,063

13.6%

10,018

13.5%

9,478

13.0%

8,914

12.8%

Underage alcohol

8,874

12.2%

10,485

13.9%

9,684

13.1%

9,299

12.5%

8,495

11.7%

7,499

10.8%

Offense against person

8,282

11.4%

9,177

12.1%

8,295

11.2%

8,294

11.2%

8,438

11.6%

7,291

10.5%

Assault

2,818

3.9%

3,208

4.2%

2,917

3.9%

2,931

4.0%

3.115

4.3%

2,990

4.3%

Child abuse

2,350

3.2%

2,524

3.3%

2,409

3.3%

2,372

3.2%

2,297

3.2%

2,083

3.0%

Harassment

2,226

3.1%

2,382

3.2%

2,036

2.7%

2,192

3.0%

2,145

2.9%

2,016

2.9%

Menacing

252

0.4%

249

0.3%

256

0.3%

270

0.4%

220

0.3%

202

0.3%

Offense against property

5,283

7.3%

5,072

6.7%

4,720

6.4%

5,859

7.9%

5,424

7.4%

4,947

7.1%

Arson

27

0.0%

55

0.1%

46

0.1%

70

0.1%

58

0.1%

42

0.1%

Criminal mischief

1,152

1.6%

1,267

1.7%

1,229

1.7%

1,350

1.8%

1,446

2.0%

1,198

1.7%

Theft

4,104

5.7%

3,750

5.0%

3,445

4.6%

4,439

6.0%

3,920

5.4%

3,707

5.3%

Alcohol

4,327

6.0%

3,891

5.1%

3,285

4.4%

3,528

4.8%

3,288

4.5%

3,048

4.4%

Animal violation

3,326

4.6%

3,211

4.2%

3,189

4.3%

3,015

4.1%

2,976

4.1%

2,374

3.4%

Habitual traffic

2,550

3.5%

2,606

3.4%

2,634

3.6%

2,672

3.6%

2,846

3.9%

2,872

4.1%

Public peace& order

2,386

3.3%

2,091

2.8%

1,719

2.3%

1,580

2.1%

1,922

2.6%

1,870

2.7%

Trespass

984

1.4%

1,217

1.6%

1,220

1.6%

1,105

1.5%

1,140

1.6%

1,131

1.6%

Wildlife

1,423

2.0%

1,416

1.9%

1,471

2.0%

1,389

1.9%

1,342

1.8%

1,160

1.7%

Weapon

770

1.1%

819

1.1%

830

1.1%

769

1.0%

799

1.1%

706

1.0%

Fraud

941

1.3%

819

1.1%

656

0.9%

632

0.9%

522

0.7%

626

0.9%

Sex offense

425

0.6%

526

0.7%

485

0.7%

529

0.7%

536

0.7%

538

0.8%

Cruelty to animals

184

0.3%

214

0.3%

305

0.4%

392

0.5%

397

0.5%

429

0.6%

Bail violation

205

0.3%

171

0.2%

228

0.3%

209

0.3%

212

0.3%

211

0.3%

Escape

323

0.4%

378

0.5%

229

0.3%

203

0.3%

144

0.2%

134

0.2%

Forgery

211

0.3%

288

0.4%

192

0.3%

185

0.3%

125

0.2%

93

0.1%

Public indecency

167

0.2%

195

0.3%

183

0.2%

199

0.3%

216

0.3%

238

0.3%

Gambling

189

0.3%

125

0.2%

153

0.2%

126

0.2%

145

0.2%

144

0.2%

Prostitution

42

0.1%

47

0.1%

61

0.1%

59

0.1%

94

0.1%

183

0.3%

Perjury

4

0.0%

2

0.0%

19

0.0%

20

0.0%

9

0.0%

3

0.0%

Municipal court appeal

16

0.0%

13

0.0%

11

0.0%

8

0.0%

11

0.0%

16

0.0%

Other

(all offenses not

broken out individually)

8,260

11.4%

10,688

14.1%

7,324

9.9%

6,213

8.3%

5,827

8.0%

6,866

9.9%

Top


 

It is impossible for any rational person to believe that 26% of all crimes in Colorado involve "domestic violence." The National Crime Victimization Survey (NCVS) consistently finds domestic violence only occurs is 0.4-0.5% of households. In 2010 there were approximately 2 million households in Colorado suggesting 8,000 to 10,000 criminal acts of domestic violence, at most, during the year. Table 71 lists 18,691 criminal cases and 7,803 protection orders, two to three times any reasonable evidence or estimate of domestic violence in Colorado.

Given the draconian provisions of present law, domestic violence charges must take at least twice the court and law enforcement time and efforts as other misdemeanors. Police and prosecutors tied up in court or on calls for trumped-up DV charges are unavailable for other duties.

The corresponding drain on police resources of pursuing false and trivial "he said/she said" domestic violence cases is immense. Anecdotal evidence from attorneys and judges tell us that 90-95% of domestic violence cases set for trial are dismissed.

If the experience in the Fourth Judicial District is at all reflective of the rest of the state Table 66 suggests that only 10-15% of defendants are now taking a plea bargain in such cases. Table 27 produced by the Colorado State Court Administrator for 2010 only shows 275 bench trials (a long slow way to plead guilty) and 821 jury trials for misdemeanors. Even if every trial was for domestic violence that would only be 6% of the domestic violence cases and if every case that went to trial resulted in a conviction only approximately 20% of the DV cases, or roughly 3,700 at best result in a conviction (note that a plea bargain is a conviction). And criminal defense attorney after defense attorney, if they are competent, has told us they almost never lose a domestic violence case in a jury trial unless the defendant does something really stupid.

Thus, there can be little doubt that ~15,000 misdemeanor domestic violence cases are brought before Colorado courts each year that do nothing but make attorneys rich and destroy families and relationships.

One unfortunate result has been that aggressive prosecutors have made a practice of inflating charges against defendants and charging them with felonies they cannot hope to prove in court in order to try and coerce these frightened men and women into taking a plea bargain so that they can hang another scalp on their belt. Little to no thought is given to the damage they do to the children of these defendants with a DV conviction. Data make it quite clear that the children of these broken families are very probably going to end up in trouble with the law down the road. In their perverted world that is simply more work for lawyers and children and families be damned.

As a result the safety of the general population is sacrificed without supporting evidence that there is an epidemic of domestic violence.

Problems resulting from draconian provisions of current law

Top

Underlying the burden such cases place on the courts are the draconian provisions of the current laws:

• Mandatory arrests without a warrant make citizens more afraid of calling police than they are of their partner (Table 76).

• Plea bargaining to a lesser charge that doesn't involve domestic violence is forbidden in such cases under C.R.S. § 18-6-801(3).

• Conviction on charges that include domestic violence or a hearing that imposes a permanent protection order imposes lifetime penalties.

Experience shows that a trial to a judge by a man in Colorado is simply a long, slow way of pleading guilty.

• To clear their names, citizens must demand a jury trial for misdemeanors where domestic violence is alleged. That further burdens the courts and police and enriches attorneys, but a conviction is very unlikely (<1%) unless the defendant stupidly takes a plea bargain.

• Juries rarely convict on charges of domestic violence if the man, or woman, is represented by a competent and experienced criminal defense attorney.

• Juries often feel their time is being wasted by even bringing such "he said/she said" cases to trial.

• Every year the courts find it harder to obtain jurors.

Is it any wonder our courts are dysfunctional?

 

Statewide police incidents vs. court cases

Top

One typically expects that the police and sheriff departments report more incidents of a given crime, say burglary, than are prosecuted and carried before the courts. For example, in 2004 there were 16,571 cases of simple assault reported by Colorado police agencies and only about 3,570 of these cases went to a state court.

Conversely, police reported 5,471 cases of simple assault involving domestic violence yet, incredibly, there were an estimated 13,430 DV court cases (72% of total). This inversion is shown graphically in Table 72 for both simple assault cases and those involving intimate partner violence. The data presented in Table 73 are somewhat skewed by the fact that not all police and sheriff departments reported in 2004 but the discrepancy is still immense.


 
    Table 72: Comparison of Colorado DV police incidents with DV court cases in 2004

Top


 

Table 73 shows the number of all domestic violence incidents reported to the Colorado Bureau of Investigation by sheriff and police departments across the state compared to the number of domestic violence cases reported by the Colorado courts for the years 1998 through 2010. Note that Denver and several other police departments were not included in the CBI data before 2005 and a substantial number of additional departments were added in 2006.Of course many misdemeanor assault cases might be handled in a municipal court in larger cities but in most judicial districts only the state courts handle such cases. Thus, while there is some unknown bias in the reports when comparing police with court data the conclusion is valid.


 
    Table 73: Comparison of incidents of domestic violence reported to the Colorado Bureau of Investigation compared with misdemeanor cases of domestic violence reported by the Colorado courts (except Denver and municipalities) for the years 1995 through 2010.

Year

State

Population

(% increase) 4

Colorado Bureau of Investigation 1

Domestic Violence

Colorado Courts 2

(sans Denver and municipalities) 3

Simple

Assaults

(% of total)

Male

Victims

(% of total)

Total DV

Incidents 5

(%change) 4

Incidents

per 10,000

citizens

Criminal

DV Cases

(% change) 4

Cases

per 10,000

citizens 3

1995

3,738,061 (N/A)

4,127 (76%)

N/A

5,425 N/A

 

N/A

N/A

1996

3,812,716 (2%)

7,219 (79%)

N/A

9,128 N/A

 

N/A

N/A

1997

3,891,293 (2%)

4,937 (82%)

N/A

6,054 (–34%)

 

N/A

N/A

1998

3,968,967 (2%)

5,352 (79%)

(est. 21%)

6,770 (+12%)

21

12,166 (N/A)

35

1999

4,056,133 (2%)

5,572 (80%)

1,478 (21%)

6,951 (+3%)

21

13,253 (+9%)

37

2000

4,301,261 (6%)

6,041 (79%)

1,606 (21%)

7,653 (+10%)

22

13,929 (+5%)

37

2001

4,430,989 (3%)

5,644 (78%)

1,554 (22%)

7,234 (–6%)

20

15,225 (+9%)

39

2002

4,506,542 (2%)

5,605 (77%)

1,535 (21%)

7,261 (0%)

20

15,414 (+1%)

39

2003

4,550,688 (1%)

5,448 (77%)

1,578 (22%)

7,108 (–2%)

19

16,159 (+5%)

40

2004

4,601,403 (1%)

5,471 (73%)

1,625 (22%)

7,536 (+6%)

20

15,255 (–6%)

38

2005

4.665,177 (1%)

7,443 (71%)

2,118 (20%)

10,523 6 N/A

23 6

15,091 (–1%)

37

2006

4,753,377(2%)

7,986 (71%)

2,556 (23%)

11,215 7 N/A

24 7

16,767 (+11%)

40

2007

4,861,515 (2%)

7,948 (70%)

2,320 (20%)

11,362 7 (+1%)

23 7

17,330 (+3%)

41

2008

4,939,456 (2%)

7,975 (69%)

2,385 (20%)

11,636 7 (+2%)

24 7

17,833 (+3%)

41

2009

5,024,748 (2%)

8,889 (69%)

2,593 (20%)

12,855 7 (+10%)

26 7

18,691 (+5%)

42

2010

5,029,196 (0%)

8,983 (70%)

2,814 (22%)

12,922 7 (+1%)

26 7

18,402 (–2%)

42

Notes:

1. Colorado Bureau of Investigation (CBI) cases are from Crime in Colorado and are currently available for the years 1995-2010 (Years 1998-2010 are online). CBI did not list male/female victims separately until 1999.

2. Values for domestic violence court cases are from Colorado Judicial Branch Annual Statistical Reports currently available for the years 1999-2010 but do not include data for the Second Judicial District (Denver) or municipalities within judicial districts.

3. It is estimated that Denver courts handle approximately 3,000 DV cases per year and municipalities within Colorado handle an additional 1,000 DV cases per year. Thus, the state court reports are probably 25% low.

4. Percent increase, or decrease per year are calculated with regard to the previous year.

5. CBI tabulates homicides, forcible sex offenses, robbery, aggravated assault, simple assault, non-force intimidation, kidnapping, non-force sex offenses incidents involving domestic violence.

6. Prior to 2005 the CBI data did not include data from Ault PD, Brighton PD, Denver PD, Greeley PD, Johnstown PD, Kersey PD, Milliken PD, Minturn PD, Weld County Sheriff and Wiggins PD. Thus, 2005 values cannot be compared with previous years.

7. Prior to 2006 the CBI data did not include data from Arvada PD, Blackhawk PD, Campo PD, Cañon City PD, Colorado State University-Fort Collins PD, DeBeque Marshall, Eagle PD, Fort Collins PD, Frederick PD, Gunnison PD, Lone Tree PD, and Manzanola PD. Thus, 2006 and later values cannot be compared with previous years. Better police reporting might also account for much of the +10% jump in DV incidents in 2009. CBI incident-based domestic violence reports are now compiled from NIBRS data submitted by every major Colorado law enforcement agency.

Top


 

One reason that the CBI data understates "domestic violence" is that in Colorado this is an add on charge to virtually any other crime, e.g., shoplifting (it happens). However, the CBI only reports domestic violence associated with eight crimes of violence: homicides, forcible sex offenses, robbery, aggravated assault, simple assault, non-force intimidation, kidnapping, and non-force sex offenses. Even with this caveat it is unlikely that the police and sheriff incidents are under reporting by more than a factor of two, especially since municipal cases and Denver are now included in the CBI tabulation. Conversely, it is certain the court cases are overstating the problem of domestic violence, as evident in the 4th Judicial District.

Note that in 2005 the CBI greatly improved its statistics and added a number of police departments, especially Denver, to its tabulation. The increases in reported domestic violence crimes by CBI seen in Table 73 are more representative of better reporting by more agencies, as well as the increase in population. than any real increase in domestic violence. That probably includes the +10% jump in reported 2009 CBI DV crimes in Table 73.

Conversely, DV court cases reported by the state court administrator do not include an estimated 3,000 domestic violence cases from Denver City and County, which encompasses 12% of the state's population that is now included in the CBI reports. Further, a number of municipalities, or home-rule cities, within Colorado, e.g. Aurora, Arvada, Lakewood, Littleton, etc., prosecute an estimated 1,000 domestic violence cases per year that are also not included in the state court data, but are now included in the CBI reports. Thus, the number of DV court cases reported by the state court administrator understates the total by an estimated 25% widening even further the gap between NCVS estimates, police reports, and the number of DV court cases.

Something is terribly wrong with the Colorado courts and district attorneys!

Number of male victims reported by the Colorado Bureau of Investigation

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It is also of great interest to note that the number of male victims reported by the CBI between 1999 and 2010 is consistently 20-23% of the total (Table 73).

The 2% drop in percentage of male victims in 2005 when CBI added in Denver police data suggests sex discrimination in DV cases by the Denver legal system. Note that in 2006 when a number of additional police departments were added to the data set (Table 73) that the percentage of male victims jumps up to 23% in 2006, further evidence that the Denver police department practices sex discrimination in domestic violence cases. Reasons for the drop back down to 20% male victims reporting in 2007-2008 probably involve even more sex discrimination against men but that is speculative.

However, there is little question that a man is a damn fool to call 911 in a domestic dispute as he is the one most likely to be arrested. So not only are men quite unlikely to call police when they are assaulted, they are likely the one to be arrested if they do call even though they are the victim, which skews the male victims reported in Table 73 even further.


 

Estimates of false allegations

Based on state court data

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The judicial districts shown in Table 68 represent 57% of the sampled population of Colorado. Thus, we can reasonably infer that, with proper judicial oversight to better ensure equal protection under the law, the state-wide rate through 2010 should have been approximately 54 ±2 protection orders per 10,000 residents (mean of values for each district in Table 68) per year. That estimate would imply approximately 24,000 domestic violence and abuse cases should have been prosecuted under current laws in Colorado, outside of Denver, in the year 2010. The actual number was 31,659 (Table 61).

The implication from this calculation is that probably 7,700, or 24% of all domestic violence and abuse cases in Colorado were based on false allegations in 2010.

With current court statistics it is also possible to separate protection orders from domestic violence cases. The glaring example is the incredible number of domestic violence cases in the Fourth Judicial District, encompassing El Paso (includes Colorado Springs) and Teller counties, compared with three similar judicial districts as shown in Table 64. In year 2010 (Table 61) there are still nearly three times (3,407) the predicted (~1,275) number of criminal DV cases in the Fourth and more than twice the per capita numbers in the First and Eighteenth Judicial Districts (105 vs. 46, Table 61). Conversely, note the good agreement in the First and Eighteenth judicial districts between the NCVS estimates and the court cases of domestic violence (Table 40) for the 2000 census. That agreement is diverging by 2010 but still remains reasonably close to the NCVS estimate in the 1 st and 18 th judicial districts.

As shown in Table 67, filings in the Fourth Judicial District for other misdemeanors are near average, and unemployment before 2008 was negligible, so the problems there are not inherent in the populace.

The Fourth Judicial District is thus prosecuting two to three times the number of domestic violence cases as other comparable population centers in Colorado.

In El Paso and Teller counties, at least two thirds of the domestic violence charges are made without reasonable basis. It is also clear from Table 75 that these draconian practices are causing citizens to fear law enforcement more than they do an abusive partner. The same abuse of process is almost certainly true of the other six judicial districts listed in Table 63.

Further, the data shown in Table 70 and Table 71 make it clear that the number of domestic violence cases are two to three times any reasonable estimate of the actual number of incidents.

Therefore, any estimate based on court data must assume that at least half the cases are false allegations.

Based on Colorado Bureau of Investigation data

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The statement (I used to say suggestion but the data are now incontrovertible) that a majority of protection orders and domestic violence charges are false allegations is reinforced when we compare police reports of domestic violence cases (Table 73) with court cases. For 2010 CBI data gives a total of 12,922 (Table 73) criminal DV cases. Court cases reported by the state court administrator sans Denver totaled 18,402 in 2010 (Table 73), and there were an estimated 4,000 additional court cases in Denver and home-rule cities that do not appear in the state court administrator report. Thus, there were more than 10,000 domestic violence cases that were either false allegations or did not involve actual violence, e.g., harassment, menacing, or telephone interference.

However, in 2010 the state courts only reported 202 cases of menacing and 2,016 cases of harassment (Table 30). Even if every one of those cases somehow involved "domestic violence" there would still be a minimum of 7,500 cases.

Therefore, 33% of the cases statewide were false allegations of domestic violence.

It bears repeating that in Colorado domestic violence is an add-on charge and virtually any crime can be labelled as domestic violence. In October 2006 the Colorado Domestic Violence Offender Management Board (DVOMB) released a preliminary report on court-ordered treatment for DV offenders. That report provides some insight into the ridiculous applications to which Colorado's domestic violence statutes have been applied. Treatment providers reported more than 60 different offenses under which their clients had been sentenced for domestic violence. These crimes included shoplifting, indecent exposure, false identity, fraud, DUI, and etc. (p. 11 of the DVOMB report), which appear to be a long way from violent crimes against an intimate partner. For example, if the couple are intimate, seemingly a prerequisite for domestic violence, how is indecent exposure a crime of violence?

In large measure charges of domestic violence and abuse are being indiscriminately and inappropriately applied to far-fetched cases.

Since it has become more difficult to file false allegations of criminal domestic violence, as noted above, redfems have taken to filing more protection (restraining) orders and promoting the reporting of violations as neither requires proof. Additionally, the later results in an immediate warrantless arrest of the man. That is well illustrated by Table 65 for the Filthy Fourth Judicial District and for the entire state in Table 62.

The obvious redfem objective is to destroy as many children, men, and women as possible.

Based on National Crime Victimization Survey data

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The National Crime Victimization Survey (NCVS) is reviewed under the article on How Common Is Domestic Violence? Surveying actual victims of violence puts the crime of domestic violence in the range of 0.2% to 0.7% of households. The average is 0.4% to 0.5% or, stated another way, in a given year 4 or 5 households out of 1,000 are likely to experience criminal domestic violence for which a competent prosecutor could prove both mens rea and actus reus beyond a reasonable doubt to a jury. It is also important to note that NCVS data includes incidents that are reported to police or other authorities as well as unreported incidents. Thus, NCVS estimates should be somewhat higher than police and court statistics to account for unreported incidents.

For the year 2000 (Table 40) census and again in 2010 (Table 61) a direct comparison was made between NCVS estimates and DV cases for each judicial district. In 2000 the NCVS estimate suggested 8,290 reported and unreported domestic violence occurrences in Colorado exclusive of Denver and there were 11,951 court cases, or 44% more than predicted (Table 40). In 2010 the NCVS estimate is 8,750 cases, again exclusive of Denver, and there were 18,402 reported, or 110% more than predicted.

But is this increase in cases real?

Table 74 makes it clear that over the 20 years from 1990 to 2009 an ever larger percentage of the population in Colorado Springs calls 911 at least once each year. Yet it is equally clear from the plots in Table 75 and Table 76 that the major impact of the 1994 passage of draconian domestic violence laws in Colorado was to make citizens afraid to call 911 in a domestic disturbance.

Table 74 shows that from 1990 to 1994 7.2% to 8.7% of all 911 calls were for a domestic disturbance. The chart in Table 75 well illustrates the dramatic drop in 911 calls in 1995 and ensuing years that are now known to be a direct result of the 1994 passage of the DV laws.

By 2008-2009 only 4.1-4.5% of all 911 calls are for a domestic disturbance. That is despite a 37% increase in population and an increase in the percentage of residents who call 911 for any reason from 38% to 48%.

It is thus obvious the number of domestic violence cases is not increasing because of increased demand by couples calling 911 for help. What must be happening is that law enforcement officers are arresting and district attorneys charging an ever-increasing percentage of the uninformed citizens who make the mistake of calling 911 in a domestic disturbance.

Anecdotal evidence also makes it clear that it is ever more rare for intimate partners to call police. But nearby busybodies, indoctrinated by incessant DV propaganda, are increasingly likely to call police when they hear couples arguing. Naturally a very large fraction of such calls will not meet the criteria for criminal prosecution and are, in essence, false allegations and to be counted as such.

In brief, the statistical approximation provided by the NCVS, the best available survey of crime in America, suggests 30% of the police reports in the CBI data are false allegations and more than 50% of the court cases are without basis.

Summary of estimates of false allegations in domestic violence cases

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Based on state court data —At least half of all DV cases
Fourth Judicial District —At least two thirds of all DV cases.
Based on Colorado Bureau of Investigation data —One third of all DV cases
Based on National Crime Victimization Survey data —30% of police cases and more than 50% of court cases.

No matter how it is calculated, based on available data roughly half the domestic violence cases in the Colorado courts are false or unprovable allegations.

In some jurisdictions, e.g. the Fourth Judicial District, more than half of the protection orders issued have no legal basis. Worse, redfems are responding to the increasing difficulty in getting criminal DV convictions by getting more and more bogus protection orders (Table 65). Once a protection order has been issued it is also clear a statewide redfem campaign is underway to "encourage" women to report, if not stage, any violation of the order to get the man arrested and convicted.

But one thing is certainly clear, the draconian domestic violence and abuse laws passed in 1994 have not served to lessen the problem. If anything, these laws have made the problem much, much worse and have certainly acted to destroy children, families, marriage, and sow mistrust between men and women.

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Revised August 2011

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