America's Unifying Banner: Erasing Animal Cruelty: "Animals: Agreeable friends--they ask no questions, they pass no criticisms."--George Eliot.

• Date: 01 September 2022
• Author: Downey, Margherita

In this time of political division, it is important to recognize that Americans still have common values that unite us. One such value is that cruelty to animals is unacceptable. Cities, counties, and every state have laws to protect animals against abuse. In 2019, Congress enacted the first law making cruelty to animals a federal crime.

These laws are increasingly supported not just by animal welfare advocates but by law enforcement officers who recognize that cruelty to animals is often a precursor to violence against humans. Animal cruelty cases are now being tracked by the Federal Bureau of Investigation. (1) Like an infectious disease, animal cruelty, if unchecked, can metastasize into cruelty toward vulnerable populations, such as children and the elderly. Our nation is united when it acts to advance our society's moral quest to end cruelty toward all living beings.

Prosecuting crimes against animals is difficult because animals have no voice. They cannot testify to the crimes committed against them. For this reason, animals, like children, are targeted and victimized because their perpetrators can easily escape discovery. However, in 49 states and the District of Columbia, children may be represented by court-appointed volunteers who serve as independent advocates for their interests in court proceedings. In 2016, Connecticut enacted "Desmond's Law." (2) Adopted from a model used to protect abused and neglected children, Desmond's Law allows lawyers and law students to provide pro bono services as court monitors in cases involving animal cruelty. The purpose of this article is to encourage Florida legislators to adopt a similar, expanded version of Desmond's Law that can serve as a model for other states.

In 2019, Cruelty Against Animals Became a Federal Crime

On November 25, 2019, President Trump signed into law the Preventing Animal Cruelty and Torture Act (PACT). (3) The bill was proposed by two Florida congressmen, Vern Buchanan, a Republican, and Ted Deutch, a Democrat. That bill, which made making cruelty to animals a federal offense, was unanimously approved in both chambers. Representative Deutch said: "This bill sends a clear message that our society does not accept cruelty against animals.... We've received support from so many Americans from across the country and across the political spectrum Animal rights activists have stood up for living things that do not have a voice." He continued: "Law Enforcement officers have sought a federal overlay to help them stop animal abusers who are likely to commit acts of violence against people. And animal lovers everywhere know this is simply the right thing to do." Rep. Buchanan said, "This is a landmark bill that establishes for the first time a federal offense against the malicious torturing of animals." (4)

At the signing ceremony, President Trump declared: "It is important that we combat these heinous and sadistic acts of cruelty, which are totally unacceptable in a civilized society." (5) PACT, which criminalized animal abuse on the federal level, was declared a "watershed" moment by the Humane Society of the United States. Additional supporters of PACT were the National Sheriffs Association, the Fraternal Order of the Police, the Association of Prosecuting Attorneys, the National Children's Advocacy Center, and Domestic Violence Intervention Services. (6) With PACT, the U.S. took a huge step to protect animals, but there is more to do.

Connecticut, the First State to Pass "Court-Appointed Animal Advocates" Legislation

Three years prior to the passage of PACT, Desmond's Law was enacted. The law allows judges to appoint qualified pro bono animal advocates to assist overburdened prosecutors with large animal cruelty caseloads. "The court-appointed advocate does not directly represent the animal, but rather the interests of justice." (1) Spurred by the vicious torture of a dog in New Haven, Connecticut, the law assigns advocates to animal cruelty cases with the aim of increasing conviction rates in animal cruelty cases. Statistics show that in a 10-year period between 2007 to 2017, of the 3,480 animal cruelty cases initiated, 35% were dismissed; and 45% were never prosecuted. (8) Desmond's story is not unlike other cases nationwide.

In 2011, a New Haven mother left an abusive home with her children and her dog, Desmond. The abuser, Alex Wullaert, was legally barred from any contact with her. At that time she was unable to keep Desmond in her safe haven (9) so she brought him to a local animal shelter hoping he would be adopted by a loving family. Domestic violence abusers are known to manipulate their victims by exploiting victims' bonds with their beloved pets. (10) When Wullaert learned Desmond had been surrendered, he went to the shelter and "adopted" the dog. For 11 months, Desmond was starved, beaten, tortured, and ultimately killed. When the tortured animal was discovered, the community was appalled. (11)

Wullaert confessed and the prosecutor recommended jail time. (12) However, the only punishment imposed for Wullaert's acts of prolonged cruelty (13) was accelerated rehabilitation, "a diversionary program intended for non-serious offenders or first-time-offenders. (14) Once Wullaert completed the program, the court would allow for his conviction to be expunged. (15) The community was outraged when it learned that Wullaert's conviction would be expunged. (16) Sealing or expunging animal cruelty convictions allows abusers to repeat the violence toward animals and, potentially, to people because without a criminal record, suspects who have already abused animals are treated as first-time offenders. (17)

After another horrendous incident in 2015, in which Veronica Reyes of Bristol, Connecticut, hanged two dogs in her back yard, members of the community who had previously expressed outrage over the torture and killing of Desmond were...