By Sunny Lim
Note: BTSADV uses “x” and “@” to acknowledge and include all types of gender identities instead of using a masculine or a feminine vowel.
In our ongoing series about the intersection between domestic violence and race, this article will be focusing on the Latinx community and the cultural obstacles survivors face.
Research and statistics regarding the domestic violence rate and sexual assault in the Latinx community are limited, but the Avon Foundation for Women partnered with Casa de Esperanza: National Latin@ Network along with NO MORE and commissioned a study titled “The NO MÁS Study: Domestic Violence and Sexual Assault in the U.S. Latin@ Community.”
The NO MÁS Study compiled findings from 800 Latinx adults in the United States. The findings provided a glimpse into how the Latinx community responded to domestic violence and sexual assault. Among the 800 adults, 100 people were recent immigrants, and another 100 adults were between the ages of 18 and 30.
Some of the key points from the study included:
- More than half of Latinxs said they knew a victim of domestic violence,
- Alcohol and drug issues are seen as the main causes behind domestic violence and sexual assault in the community,
- The community believes deportation is the biggest reason why Latinx victims may not report domestic violence or sexual assault to law enforcement,
- More than six in 10 Latinxs reported they stepped in and helped a victim of domestic violence,
- Latinxs tend to view domestic violence and sexual assault as a bigger issue in America versus their own community.
The study found that members of the Latinx community believe several factors are a root cause behind domestic violence. According to the study, “an overwhelming majority of the Latin@ community believes drug and alcohol abuse are the leading cause for domestic violence and sexual assault in the United States.” Other factors listed included:
- Lack of good parenting and education,
- Economic troubles,
- Traditional male gender roles,
- Lack of respect for others.
Participants also reveal their opinions on why members of the Latinx community fears reporting domestic violence and sexual assault:
- Fear of deportation and immigration status,
- Fear of increased violence,
- Fear of their children being taken away,
- Shame,
- Skeptical of law enforcement,
- Poverty/lacking financial stability,
- Language barriers,
- Isolation.
These are the distinctive challenges that Latinx victims face when they try to get help.
Across the United States, not all domestic violence shelters and services provide bilingual staff members. Some shelters might not have enough funding and struggle with finding bilingual counselors. Although individual shelters are trying to fix this issue by doing more community outreach in Latinx communities with translators, there is still a shortage of bilingual services and staff members in domestic violence agencies.
One solution might be to involve bilingual members of the community and create workshops available in both Spanish and English about what legal rights domestic violence victims have. Some Latinx victims are afraid of going to shelters because they think these resources are not available to undocumented people. In the United States, all victims of domestic violence are free to access these services regardless of citizenship.
According to Safe Harbor, some Latinx victims fear reaching out for help because they believe a Mexican law called “abandono de hogar” (abandoning the home) still applies to them. In Mexico, women who leave their homes for any reason, including domestic violence, end up losing custody of their children in most cases. This law does not apply to any Latinx victims once they reside in the United States.
When abusers threaten Latinx victims by saying they will call ICE (Immigration and Customs Enforcement), it is important for victims to be aware of their rights. American immigration law provides victims of crimes with three types of visas to allow them to reside in the United States and assist in an ongoing investigation.
There is the U visa for victims of severe crimes, T visa for human trafficking victims, and the self-petition under the Violence Against Women Act (VAWA) for abused spouses, parents, and children of American citizens and permanent residents.
For victims of domestic violence, they might be eligible for either a VAWA self-petition or a U visa.
The requirements for a VAWA self-petition include:
- You have a qualifying spousal relationship with the abuser,
- You suffered cruelty and assault from your spouse,
- You lived with your spouse,
- You have good moral character,
- You married your spouse in good faith, not for citizenship benefits.
The requirements for a U visa include:
- You are the victim of a qualifying crime,
- You have suffered substantial abuse,
- You have information about the crime,
- You were/are/likely to be helpful to law enforcement in the investigation and prosecution of the crime,
- You are admissible,
- The crime happened in the United States and violated its laws.
If you or someone you know is in an abusive relationship, there is help. You can visit the Break the Silence website at www.breakthesilencedv.org or chat with one of our helpline advocates at 855-287-1777.
