NCJ Number
47000
Date Published
1977
Length
26 pages
Annotation
THIS DISCUSSION PAPER DEALS BRIEFLY WITH VARIOUS ISSUES RELATING TO DOMESTIC VIOLENCE, AND MAKES RECOMMENDATIONS FOR LEGISLATION TO THE WISCONSIN LEGISLATIVE COUNCIL FOR POSSIBLE INTRODUCTION IN THE 1979 LEGISLATURE.
Abstract
THIS PAPER, WHILE NOT INTENDED AS A COMPREHENSIVE ANALYSIS OF DOMESTIC VIOLENCE, DOES FRAME A RATIONALE FOR NEEDED LEGISLATION IN WISCONSIN. DOMESTIC VIOLENCE IS DEFINED AS PHYSICAL ABUSE COMMITTED BY PERSONS UPON THOSE WITH WHOM THEY ARE LIVING (NOT INCLUDING NONPHYSICAL ABUSE OR VERBAL HARASSMENT). THE EXISTING NATIONWIDE STATISTICS ARE ONLY ROUGH ESTIMATES OF THE EXTENT OF THE PROBLEM, AND ARE GENERALLY EXTRAPOLATED FROM LOCALIZED SURVEYS AND STUDIES. THEREFORE, ESTIMATES IDENTIFY 4.7 TO 15 MILLION BATTERED WIVES NATIONALLY. FIGURES FOR REPORTED AND ESTIMATED CASES IN MILWAUKEE (WIS.) ARE GIVEN. VARIOUS WRITERS IDENTIFIED CAUSES OF SPOUSAL ABUSE SUCH AS MENTAL ILLNESS, ALCOHOL AND DRUGS, POOR SELF-IMAGE, SOCIALIZATION, PUBLIC ACCEPTANCE OF VIOLENCE, AND STEREOTYPED SEX ROLES. A BRIEF DESCRIPTION OF EXISTING LEGISLATION IN 11 STATES IS GIVEN, AS WELL AS THE PROPOSED LEGISLATION IN 2 OTHER STATES, AND THE JOINT RESOLUTIONS ADOPTED IN 2 REMAINING STATES. THE REPORT SUGGESTS LEGISLATION AND PROGRAMS TO ALLEVIATE THE PROBLEMS OF DOMESTIC VIOLENCE. WISCONSIN STATUTE LAW FOR SIMPLE AND AGGRAVATED BATTERY AND SEXUAL ASSAULT SHOULD SPECIFICALLY INCLUDE SPOUSE ABUSE AS A SEPARATE AND DISTINCT CRIME ON EITHER THE MISDEMEANOR OR FELONY LEVEL. SEXUAL ASSAULT LAW SHOULD BE EXPANDED TO INCLUDE MARITAL RAPE. FAMILY COURTS SHOULD HAVE THE AUTHORITY TO ORDER AN ABUSIVE SPOUSE FROM THE HOME, WHETHER OR NOT DIVORCE ACTION OR LEGAL SEPARATION HAS BEEN SOUGHT. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS SHOULD BE CREATED TO ENABLE THEM TO DEAL WITH THE PROBLEM EFFECTIVELY. SHORT-TERM SHELTER PROGRAMS WITH COUNSELING AND MEDICAL SERVICES SHOULD BE ESTABLISHED, TOGETHER WITH LONGER-TERM, MORE COMPREHENSIVE PROGRAMS THAT WILL ENABLE THE ABUSED PERSON TO REENTER THE WORK FORCE. TREATMENT PROGRAMS FOR OFFENDERS COULD BE CREATED UNDER THE COMMUNITY SERVICES STATUTE S. 51.42, AND CONVICTED OFFENDERS COULD BE PSYCHOLOGICALLY EXAMINED. IT IS ALSO SUGGESTED THAT CERTAIN CATEGORIES OF HEALTH PROFESSIONALS BE REQUIRED TO REPORT INCIDENTS OF PHYSICAL ABUSE. AN ANNOTATED BIBLIOGRAPHY IS APPENDED. (DJM)