DOMESTIC VIOLENCE - ROUGH OR JUDICIAL RESPONSES IN CONTINENTAL LAW (FROM FAMILY VIOLENCE, 1978, BY JOHN M EERELAAR AND SANFORD N KATZ - SEE NCJ-55454)

• NCJ Number: 55460
• Author(s): M T MEULDERS
• Date Published: 1978
• Length: 47 pages
• Corporate Author: Butterworth
• Publication Format: Document
• Language: French
• Country: Canada

Annotation

THROUGH INFORMATION GATHERED FROM THE DEPARTMENTS OF JUSTICE IN BELGIUM, FRANCE, THE NETHERLANDS, GREAT BRITAIN, WEST GERMANY, SWITZERLAND, AND ITALY, ANALYSIS IS MADE OF STATUTES REGARDING CONJUGAL VIOLENCE.

Abstract

TO DATE, THE PROBLEM OF CONJUGAL VIOLENCE HAS BEEN VASTLY IGNORED. ALTHOUGH DOCTORS, SOCIAL WORKERS, MAGISTRATES, AND HOSPITALS ARE CONFRONTED DAILY WITH THE PROBLEM, STATISTICS REMAIN SPARSE, AND OBJECTIVE AND SCIENTIFIC STUDY LEADING TO LEGISLATIVE AND SOCIAL ACTION HAS BEEN NEGLECTED, PERHAPS BECAUSE OF THE FEAR, SHAME, AND IGNORANCE THAT ACCOMPANY SUCH ACTS. PUBLIC TOLERANCE OF CONJUGAL VIOLENCE IMPLICIT IN THIS DEARTH OF MATERIAL CAN BE SEEN IN THE ABSENCE OF LAWS ADDRESSING DOMESTIC VIOLENCE, THE RELUCTANCE TO PROSECUTE MALE OFFENDERS, AND THE TRADITIONAL ACCEPTANCE OF MALE AUTHORITY. THE GOALS OF THIS STUDY ARE TO CHANGE PUBLIC ATTITUDES ABOUT CONJUGAL VIOLENCE, TO PROMOTE LEGISLATIVE REFORM, AND TO COORDINATE SOCIAL AGENCIES. THE STUDY IS BASED ON THE ASSUMPTION THAT LEGISLATION CAN AID IN COMBATTING DOMESTIC VIOLENCE BY ORGANIZING A THOROUGH NETWORK OF PROTECTIVE AND PREVENTIVE MECHANISMS. A STATUTE BY STATUTE ANALYSIS IS MADE ON EXAMPLES FROM BELGIAN AND FRENCH LAW, WITH SOME RECOURSE TO BRITISH LAW, REGARDING SENTENCING, PROTECTION, CORRECTIONS, POLICE ROLES IN INTERVENTION, AND COMMUNICATION BETWEEN THE POLICE, THE JUDICIARY, THE MINISTRY, AND CORRECTIONS. CIVIL PROTECTION MEASURES ARE OUTLINED AND EXAMINED WITH REGARD TO MARRIAGE LEGALITIES, COHABITATION RESPONSIBILITIES, CHILD SUPPORT, AND FINANCIAL CONSIDERATIONS. GAPS IN THE CIVIL AND PENAL CODES ARE EMPHASIZED, ESPECIALLY WITH REGARD TO THE INEQUALITY OF THE SEXES UNDER LAW, AND THE INADEQUACY OF CRISIS, TREATMENT, AND GUIDANCE SERVICES. THE STUDY, CONCLUDES BY POINTING OUT THE URGENT NEED TO CURE SOCIETIES' ILLS, SUCH AS MISTAKEN CULTURAL ATTITUDES TOWARD VIOLENCE, THE COMPETITIVE AND CONSUMER CHARACTERISTICS OF MODERN SOCIETY, THE INHUMANITY OF INDIVIDUAL ISOLATION, THE VIOLENCE PORTRAYED IN MASS MEDIA, AND THE ILLUSION OF SEXUAL LIBERATION EXPLOITED FOR POLITICAL AND COMMERCIAL GAIN, ALL OF WHICH CONTRIBUTE DIRECTLY OR INDIRECTLY TO THE PERPETUATION OF CONJUGAL VIOLENCE. EXTENSIVE FOOTNOTES ARE PROVIDED. -- IN FRENCH. (MHP)