PROTECTION FROM AND PREVENTION OF PHYSICAL ABUSE - THE NEED FOR NEW LEGAL PROCEDURES (FROM VIOLENCE AND RESPONSIBILITY, 1978, BY ROBERT L SADOFF - SEE NCJ-53974)

• NCJ Number: 53979
• Author(s): L G FORER
• Date Published: 1978
• Length: 12 pages
• Corporate Author: Spectrum Publications, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

WAYS OF IMPROVING LEGAL PROTECTION FOR THOSE WHO BY AGE, MENTAL CONDITION, INSTITUTIONALIZATION, OR LEGAL STATUS ARE PARTICULARLY VULNERABLE TO PHYSICAL ABUSE ARE SUGGESTED.

Abstract

EXISTING LAWS AND PROCEDURES ARE INADEQUATE FOR ADDRESSING THE NEEDS OF PEOPLE WHO ARE SUBJECT TO REPEATED ABUSE BY KNOWN AGGRESSORS. THESE VULNERABLE PEOPLE ARE THOSE WHO ARE PHYSICALLY, MENTALLY, OR LEGALLY AT THE MERCY OF MORE POWERFUL INDIVIDUALS; E.G., BATTERED CHILDREN, INSTITUTIONALIZED PERSONS SUBJECTED TO ABUSE BY FELLOW INMATES AND CUSTODIANS, ELDERLY PEOPLE WHO ARE PHYSICALLY WEAK AND/OR ECONOMICALLY AND SOCIALLY DEPENDENT, AND BATTERED WIVES. AS A FIRST STEP, ALL PHYSICAL VIOLENCE SHOULD BE REGARDED AS A CRIME, INCLUDING CORPORAL PUNISHMENT OF CHILDREN IN SCHOOLS AND IN THE HOME, AND PHYSICAL MISTREATMENT OF PRISONERS, ARMY RECRUITS, AND ALL PEOPLE IN INSTITUTIONS. AFTER THE FIRST KNOWN ACT OF VIOLENCE AGAINST A VULNERABLE PERSON, THE LAW SHOULD ACT TO PROTECT THE VICTIM FROM SUBSEQUENT VIOLENCE BY MAKING AVAILABLE PSYCHIATRIC THERAPY FOR THE AGGRESSOR AND PHYSICAL AND PSYCHIATRIC CARE FOR THE VICTIM. BECAUSE NEITHER OF THESE GOALS CAN BE ATTAINED QUICKLY UNDER THE CRIMINAL SANCTION, ALTERNATE CIVIL REMEDIES (E.G., TEMPORARY RESTRAINING ORDERS) SHOULD BE MADE AVAILABLE. THE RULES OF EVIDENCE APPLICABLE IN CRIMINAL CASES INVOLVING ACTS OF VIOLENCE AGAINST VULNERABLE PEOPLE SHOULD REASONABLY REFLECT THE REALITIES OF THE SITUATION. FOR EXAMPLE, IF A VULNERABLE PERSON IS PHYSICALLY ABUSED AND THERE IS EVIDENCE OF BRUISES, FRACTURES, OR OTHER VERIFIABLE INJURIES, THE BURDEN OF PROOF SHOULD SHIFT TO THE ALLEGED ABUSER TO SHOW HOW THE INJURIES WERE INFLICTED. IT IS ALSO NECESSARY TO ASSURE, THROUGH LICENSING AND/OR MONITORING, THAT ALL COUNSELORS AND THERAPISTS ARE QUALIFIED TO MEET THE NEEDS AND TO PROTECT THE LEGAL RIGHTS OF VULNERABLE PERSONS SUFFERING FROM ABUSE. FREE CLINICS SHOULD BE ESTABLISHED TO PROVIDE PHYSICAL TREATMENT AND PSYCHOTHERAPY FOR VICTIMS OF VIOLENT ACTS. THESE PROPOSALS SHOULD BE EXPLORED AND REFINED COOPERATIVELY BY THE LEGAL AND PSYCHIATRIC PROFESSIONS.