NCJ Number
206493
Journal
The British Journal of Criminology Volume: 44 Issue: 2 Dated: March 2004 Pages: 204-224
Date Published
March 2004
Length
21 pages
Annotation
This study examined the effects of legal responses to domestic violence on male abusers and female survivors.
Abstract
The majority of commentary about the law’s potential to benefit women who experience domestic violence has been negative. The author evaluates recent developments in legal responses to domestic violence and describes the prominence of the rehabilitative model in current abuser programs and research. Data for the current study were drawn from a longitudinal, quasi-experimental evaluation of criminal justice sanctions for domestic violence offenders. Participants were 122 men sentenced within the criminal justice system for violent offenses on their partner and 134 women whose partners had been sentenced. In-depth interviews were conducted at initial encounter and follow-up questionnaires were completed 3 and 12 months later. The research compared the effectiveness of a rehabilitation-based sentence with a traditional deterrence-based sentence. The analysis indicates that women survivor’s safety and quality of life can be significantly improved following legal intervention that includes prosecution and conviction of the offender. Key findings included the identification of rehabilitation for male batterers as more effective than traditional sanctions in terms of recidivism; a legal context incorporating coercion and control can facilitate long-term rehabilitation and short-term deterrence; and legal structures that support women’s agency will best contribute to their safety and resistance to male violence. Despite the fact that the legal system can provide some protection to women and challenge men to change, there are limits to the law. Only a fraction of domestic violence offenders enter the legal system and even fewer reach the courts. It is imperative that communities not rely solely on the legal system for remedies for domestic violence. References