NCJ Number
53831
Date Published
1978
Length
60 pages
Annotation
THE NATURE AND EXTENT OF SPOUSE ABUSE, SPECIFICALLY WIFE BEATING, ARE OUTLINED ALONG WITH THE RESPONSIBILITIES OF PROSECUTORS IN SPOUSE ASSAULT CASES.
Abstract
SPOUSE ASSAULT IS RARELY AN ISOLATED VIOLENT EPISODE, BUT MORE OFTEN FOLLOWS A PATTERN IN WHICH THE ATTACKS INCREASE IN BOTH SEVERITY AND FREQUENCY IF THEY GO UNCHECKED. THE PROBLEM IS EXACERBATED BY ITS FAMILIAL CONTEXT; SOCIETY IS RELUCTANT TO ACKNOWLEDGE THE EXISTENCE OF VIOLENCE IN THE FAMILY BECAUSE ITS IMAGE OF THE FAMILY AS A HAVEN OF LOVE IS SO MUCH MORE DESIRABLE. HOWEVER, PROJECTIONS FROM NATIONAL SURVEYS INDICATE THAT PERHAPS AS MANY AS 1.8 MILLION WIVES A YEAR ARE BEATEN BY THEIR HUSBANDS, A FINDING BORNE OUT BY LOCAL STATISTICS. THE BEST INFORMATION ON VICTIMS IS FOUND IN THE WRITINGS OF ACADEMICIANS AND PROFESSIONALS ANALYZING DATA OBTAINED FROM CRISIS SHELTER RESIDENTS. DATA REVEAL THAT LOW SELF-ESTEEM, A NEGATIVE SELF-IMAGE, A LACK OF SELF-CONFIDENCE, AND DEPRESSION ARE CHARACTERISTICS SHARED BY MANY VICTIMS. ALTHOUGH MANY LEAVE THE HOME FOR CRISIS SHELTERS OR OTHER HAVENS, MANY MORE DO NOT OUT OF FEAR, A SENSE OF ISOLATION, FINANCIAL INSECURITY, OR BECAUSE THEY LOVE THEIR SPOUSE AND BELIEVE HE WILL CHANGE. EXPERIMENTS IN INTERVENTION ARE ONGOING AND LEAA FUNDING FOR MODEL PROGRAMS IS AVAILABLE. THE ABUSERS THEMSELVES ARE OF ALL AGES AND EDUCATIONAL BACKGROUNDS, AND ALTHOUGH A SAMPLE OF 70 ABUSERS REVEALED THAT 55 PERCENT WERE RAISED BY AT LEAST ONE ALCOHOLIC PARENT AND THAT 63 PERCENT WITNESSED OR EXPERIENCED ABUSE AS A CHILD, LINKS BETWEEN ALCOHOL ABUSE AND VIOLENCE HAVE NOT BEEN CLEARLY ESTABLISHED. AS FOR THE PROSECUTION OF SPOUSE ASSAULT, WHILE MOST SERIOUS CASES ARE TREATED LIKE STRANGER ASSAULTS, THE POSITION THAT TRADITIONAL PROSECUTION IS NOT ALWAYS APPROPRIATE IS SUPPORTED BY ARGUMENTS THAT SUCH ASSAULT IS PRIMARILY A PERSONAL PROBLEM AND THAT PROSECUTION HAS BEEN TRIED AND HAS FAILED. DECISIONS TO PROSECUTE ARE REACHED AFTER CONSIDERATION OF SUCH ISSUES AS THE PROBABILITY OF CONVICTION, THE LIKELIHOOD OF VICTIM COOPERATION, AND THE AVAILABILITY OF ALTERNATIVE APPROACHES, INCLUDING DIVERSION PROGRAMS AND CIVIL REMEDIES. SUGGESTION ON HOW TO ASSURE VICTIM COOPERATION AND HOW TO OVERCOME PROOF AND EVIDENTIARY PROBLEMS ARE INCLUDED, ALONG WITH REFERENCES. (KBL)