NCJ Number
90781
Journal
Revue internationale de criminologie et de police technique Volume: 34 Issue: 4 Dated: (October-December 1981) Pages: 373-384
Date Published
1981
Length
12 pages
Annotation
A study of spouse abuse case processing in Montreal, Canada, revealed that aspects of the legal procedure constitute tacit tolerance of domestic brutality against women. Some reforms have since been instituted or proposed to ameliorate the situation.
Abstract
A review of police records found 184 cases of domestic violence upon women by their male mates within a 7-week period in 1979. Followup examination of court records revealed that only 9.8 percent of the cases were brought to trial. All but 4 of the 22 charges pressed against the battering husbands resulted in acquittals. Eventually, 134 of the cases reached court due to subsequently repeated battering incidents of increased violence. Among the conditions which leave abused wives unprotected by the justice system were requirements that victims themselves press charges and that marital partners not be admitted to testify in court against their spouses. A factor seriously endangering wives who opted to press charges was a delay of 5 to 10 weeks until trial. In conclusion, the law regarding assault and battery crimes must eliminate all reference to the marital relationship between victim and assailant. A table and 56 footnotes are provided.