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8/18/2015

Prepared by Emily Berthelot, University of Arkansas at Little Rock ©

CHAPTER NINE VICTIMS OF VIOLENCE BY LOVERS AND FAMILY MEMBERS

1. To distinguish between all the different forms of domestic

violence and intimate partner violence.

2. To appreciate how wife beating was rediscovered and

how attitudes and responses toward wife beating have

changed over the centuries.

3. To recognize victim-blaming, victim-defending, and system-

blaming arguments concerning who or what is at fault.

4. To identify maximalist and minimalist perspectives about

the seriousness of the problem of intimate partner violence.

5. To be able to offer a number of convincing answers to the

question of why a battered woman stays in an abusive

relationship.

Learning Objectives

6. To become familiar with the many changes that have

taken place in the way that the criminal justice

system handles violence between intimate partners

as well as the shortcomings that persist.

7. To become aware of the problem of violence within

couples who are dating.

8. To become alert to the many aspects of elder abuse.

9. To become familiar with the different strategies

underlying prevention efforts to reduce family

violence.

Learning Objectives

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Rediscovery of Wife Beating

 Rediscovery during 1970s: “Silent Crisis”

 Historical Perspective of Problem

 Patriarchy—man’s right to discipline, home was his castle, hands-off policy

 Moderate Correction—no permanent damage

 Unnatural severity—Child abuse-fine or death; wife abuse up to judge

Incidence, Prevalence, and

Seriousness

 Which victim-offender relationships should

be included or excluded?

 What is abuse?—injuries and attacking—

definitions clearly shape findings

 Is minor violence criminal violence?

 Lack of public consensus = normative

ambiguity

Maximalist Arguments Note

 Women much more likely to be harmed by

intimate than a stranger.

 Nearly 25% of women will be victims of

severe physical violence at the hands of

their partner.

 ½ of all incidents not reported to police.

 Violence against women is the leading

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Minimalist Arguments Note

 Only 3 in 1,000 women aged 12 or older

experience nonfatal violent offenses in a

given year.

 NCVS shows trends for domestic violence

decreasing.

 Between 1993 and 2010, intimate partner violence

dropped by more than 60 percent nationally.

Intimate Partners and Homicide

 In 2012 about 12% of all murders in which the

police could figure out the victim-offender

relationship arose out of a conflict between

intimate partners, compared to16% in 1996.

 A declining percent of murders involve deadly

assaults among husbands and wives, and a

growing percent reflect fatal unmarried lovers’

quarrels.

Why Does a Battered Woman Stay?

 Learned Helplessness—Battered Woman

Syndrome

 Three Phase Cycle of Domestic Violence

 Tension Building

 The Violent Explosion

 Tranquil Loving Aftermath

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Battered Women and CJ System

 Therapeutic “Preserve-the-family” Model

 Women not totally innocent

 Shared responsibility

 Long term approach is to strengthen bond

 Legalistic Model—in favor since 1980s

 Separate Parties—Order of Protection

 Rescue and protect injured

 Punish and rehabilitate aggressor

 Arresting may deter future acts

Police Response

 Police Response—Minneapolis Study

 arrested offenders were half as likely to re- assault victim

 26% of those forced to leave re-offended upon return

 18% of those sent to counseling re- offended in follow up period

 Conclusion: Best response was to arrest.

Battered Women and CJ System

 Prosecutorial Response  Prosecutors discourage women from pressing

charges.

 Women often manipulated into dropping charges.

 No drop approach: Prosecutor only needs corroborating evidence if victim does not testify.

 If accuser fails to show up at trial, case is typically dropped or defendant acquitted.

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Battered Women and CJ System

 Judicial response  Judges often dispose of spousal abuse cases

because they can involve lengthy trials.

 Judges can order: eviction, limited visitation, prohibition of contact, insist upon child support, compel treatment, and force surrender of guns

 Civil remedies are aimed at separating the couple.

 Law enforcement does not vigorously enforce civil orders.

Domestic Violence

 Battered Husbands  Less than15% of all perpetrators of violence

against partners were women in 2008.

 Women attack men nearly as often as men attack women (but less likely to cause injury).

 Victims hesitant to report—disbelief to mockery.

 No access to resources for help.

 Men’s ability to financially support themselves allows them the option of leaving the relationship.

 Male victims are rarely stalked, brought back, and beaten again.

Victim Provocation and Murder

When is slaying of a wife beater

justified?

Victim Blaming vs. Victim Defending

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Victim Provocation and Murder

 Victim Defending Arguments—siding with the

dead man, noting his provocations not sufficient

to justify his death—notes her overreaction—

leads to offender blaming that she must be

punished accordingly.

 Violence went too far; she should have called police,

left the home, or divorced.

 Women cannot be judge, jury, and executioner.

 Man cannot defend himself in court—he’s dead.

Victim Provocation and Murder

 Victim Blaming Arguments  Dead husband responsible for demise—his insults,

challenges, and assaults incited her.

 Those who strike back were socially and economically isolated, more severely beaten, children abused.

 Deadly force justified as it is a self-defense measure.

 Weapon justified due to lack of strength.

 Abusive man, even without weapon, is legitimate threat to her life.

Victim Provocation and Murder

 Victim-blaming most convincing when the killer:  Had been threatened or beaten repeatedly

 Had been rescued in the past by police

 Had been granted an order of protection

 Testifies in court

 Sought marital counseling

 Attempted escape

 Filed for divorce

 Had visible injuries from abuse at time of arrest Demonstrates crimes are socially defined. No act is inherently criminal—even homicide!

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Rediscovery of Other Victims

 Dating Violence

 Abuse of Parents by Adolescents

 Elder Abuse

 Battering Within Same-Sex Relationships

Preventing Battering

 Primary Prevention Programs

 Attempts to change attitudes of large numbers of people—high school students

 Secondary Prevention Programs

 Intervention into lives of high risk couples

 Teaching of negotiation and anger management techniques

Preventing Battering

 Current responses not dealing with “root of the problem.”

 Decision-making in family flows with income and property. Men have power-women subordinate to them.

 Men taught to be aggressive; women taught to be passive and resignation.

 Rule of Patriarchy: “men rule.”

 Women must “love, honor, and obey.”