Clara Ann Mason
Protecting the Abused or Neglected Horse
Equine cruelty, neglect, and abuse are becoming more prevalent in our society, with economic recession, a saturated equine market, the desire for a competitive edge in the performance arena, and the human psychologic condition of hoarding all playing roles in the problem. In such situations, the veterinarian may need to assume the unique position of forensic medical examiner, attending clinician, and expert witness in the identification, assessment, and determination of animal abuse. Irrespective of currently updated animal cruelty and protection laws, successful prosecution of an animal abuser can be a frustrating and complicated process for the veterinarian. Because legal standards for litigation against an animal abuser are often difficult to satisfy, many cases never proceed to trial. Offenders often receive lighter punishments than seem appropriate; however, each prosecution should be considered a victory. Establishment of protocols to identify equine abuse and guidance in appropriate legal proceedings will assist the veterinarian in successfully prosecuting these cases.
Laws
Animal cruelty laws differ from state to state. At present, no national database or agency is responsible for collecting and reporting statistics on the incidence of animal cruelty, and precise data reflecting animal cruelty remain elusive. It is estimated that 25,000 animal cruelty charges are filed annually in the United States; however, this statistic may be numerically small because of underreported abuse cases. Given the strong evidence that human violence toward animals and violence toward other humans are often concurrent, many state legislatures have introduced and adopted bills to allow for the inclusion of animals in protective orders. Many states have legislation mandating cross-reporting of animal and child abuse through discovery from veterinarians, animal control officers, and child protection agencies. At the time of this writing in fall 2012, ninety-one law schools in the United States offered a course in animal law. Forty-six states in addition to D.C. currently consider at least one type of animal cruelty a felony offense. Terminology such as abuse, neglect, suffering, cruel, and animal may be undefined by state statutes and may vary by jurisdiction, thereby leaving interpretation of terminology up to the court of law. The American Veterinary Medical Association (AVMA) recognizes that veterinarians may observe cases of animal abuse or neglect as defined by federal or state laws or local ordinances. When client education cannot provide resolution to the abuse situation, the AVMA considers it the responsibility of the veterinarian to report such cases to appropriate authorities, whether or not reporting is mandated by law (Box 208-1). However, as a result of an unintended consequence from a law that mandates client confidentiality, in some states, veterinarians are prohibited from reporting suspected cruelty or fighting in abuse cases.
The Veterinarian’s Role
The first step the attending veterinarian must take once a complaint of animal abuse is lodged with the proper humane authorities is to obtain legal permission to examine the abused horse on the premises. This protocol may vary somewhat with each state, so guidance with this procedure should be obtained through the local prosecutor’s office. When a veterinarian suspects animal abuse or neglect from a horse owner and the offense has not been reported to the proper authorities, the veterinarian should contact the local animal shelter of the county in which the horse is located and file a complaint. If a shelter is not available for that county, then it is the obligation of the local sheriff’s department to handle the complaint. After a complaint is lodged through a shelter or sheriff’s department, a law enforcement or humane officer will travel to the farm and perform a cursory exam on the horse and investigate the alleged grievance to verify the abuse or neglect complaint. In most states, the officer will file the charge in Magistrate or similar court, and a warrant to confiscate the offended animal is placed. Following this protocol, a veterinarian is assigned to the case to assume the medical responsibility of treating and supervising the care for the animal. Financial responsibility for managing the case and for the care of the animal remains with the local shelter or the prosecutor’s office until remuneration is collected from the offender in court.
The next step for the veterinarian should include interviewing the abuser and soliciting information on the impetus for the animal neglect or abuse. This dialogue often provides the clinician with insight into the extent of cruelty, the compunction of the abuser, and it will enlist the veterinarian as an expert witness in the case. At this point, the veterinarian should meet with the local prosecutor and request an opinion about gathering evidence and the legal procedure for successful prosecution of the case.
It is the veterinarian’s responsibility to perform physical examinations or necropsies on each animal, to collect medically relevant evidence on the premises of the confiscation, to identify water and feed sources, to perform laboratory tests, and to photograph housing and pasture premises. For instance, an empty, dirty, or damaged water trough or lack of adequate potable water infers abuse and neglect, whereas a denuded pasture and lack of evidence of fecal matter indicate starvation, especially in a herd scenario.
