NCJ Number
52338
Journal
New York University Review of Law and Social Change Volume: 6 Issue: 2 Dated: (SPRING 1977) Pages: 135-174
Date Published
1978
Length
40 pages
Annotation
THE ABUSE OF WOMEN IS VIEWED AS A SOCIAL AND POLITICAL PROBLEM, AND THE ABILITY OF THE LEGAL SYSTEM TO PROTECT VICTIMS, DETER PERPETRATORS, AND REDUCE THE INCIDENCE OF ABUSE IS EXAMINED.
Abstract
BECAUSE OF ATTITUDES WHICH HAVE SHAPED A SOCIETY IN WHICH ABUSED WOMEN ARE OFTEN DENIED PROTECTION AND ARE MADE TO FEEL ASHAMED TO SEEK OUTSIDE AID, MANY INCIDENTS OF ABUSE GO UNREPORTED. THE NUMBER OF BATTERED WOMEN NATIONWIDE IS CONSERVATIVELY ESTIMATED TO BE OVER 1 MILLION, ALTHOUGH RESEARCH INDICATES THAT 28 MILLION IS A MORE ACCURATE FIGURE. THE NUMBER OF COMPLAINTS RECEIVED BY THE COURTS AND POLICE DEPARTMENTS FROM ABUSED WOMEN AND HOMICIDE AND ASSAULT STATISTICS REVEALS THE SIGNIFICANCE OF THE ABUSE PROBLEM. ABUSED WOMEN SUFFER PHYSICAL, PSYCHOLOGICAL, AND EMOTIONAL INJURY, WITH MANY INJURIES REQUIRING HOSPITAL CARE. REASONS WHY MEN INFLICT INJURIES ON THIER WIVES AND FEMALE FRIENDS ARE NOT CLEAR. THERE IS NO EVIDENCE THAT DOMESTIC VIOLENCE IS PECULIAR TO ANY SOCIOECONOMIC, RACIAL, AGE, OR EDUCATIONAL GROUP. ACTS AND INJURIES CONSTITUTING ABUSE FALL WITHIN STATE STATUTORY AND CASE LAW DEFINITIONS OF THE TRADITIONAL CRIMES OF ASSAULT AND BATTERY, AGGRAVATED ASSAULT, INTENT TO ASSAULT OR TO COMMIT MURDER, AND RAPE WITHIN THE NONTRADITIONAL CRIME OF WIFE ABUSE. CRIMINAL LAWS ARE ONLY THEORETICALLY AVAILABLE TO ABUSED WOMEN, AND THE CRIME OF RAPE BETWEEN MARRIED PERSONS IS NOT RECOGNIZED BY LAW. POLICE RESPONSE IS MINIMAL BECAUSE WOMAN ABUSE CALLS ARE UNIFORMLY ASSIGNED A LOW PRIORITY STATUS. THE RELUCTANCE OF POLICE TO ARREST AND PRESS CHARGES IS ACCOUNTED FOR, IN PART, BY LEGAL PREREQUISITES FOR MISDEMEANOR AND FELONY ARRESTS. AS AN ALTERNATIVE TO POLICE ARREST, AN ABUSED WOMAN MAY FILE A CRIMINAL COMPLAINT DIRECTLY WITH THE DISTRICT ATTORNEY'S OFFICE. THIS IS A LENGTHY PROCESS, HOWEVER, AND DOES NOT PROVIDE IMMEDIATE AID TO THE WOMAN. CIVIL REMEDIES, LIKE CRIMINAL REMEDIES, ARE EITHER NOT SUITED TO THE NEEDS OF THE WOMAN OR ARE NOT ENFORCED WHEN THE PARTIES INVOLVED ARE MARRIED OR LIVING TOGETHER. CIVIL REMEDIES INCLUDE PROTECTIVE ORDERS (IMMEDIATE PROTECTION) AND CIVIL ACTIONS FOR TORT DAMAGES AND DIVORCE. BETTER LAW ENFORCEMENT TO DEAL WITH THE PROBLEMS OF ABUSED WOMEN CAN BE ACCOMPLISHED THROUGH IMPROVED DOCUMENTATION AND REPORTING, MORE AGGRESSIVE POLICE AND COURT ACTIONS, INCREASED SOCIAL SERVICES, AND REFORM THROUGH LEGISLATION. CONSTITUTIONAL RIGHTS OF BATTERED WOMEN ARE DISCUSSED. SUPPORTING CASE LAW IS CITED, AND EXTENSIVE FOOTNOTES ARE PROVIDED. (DEP)