Do Judicial Responses to Restraining Order Requests Discriminate Against Male Victims of Domestic Violence?

Every state in the United States authorizes its courts to issue civil orders of protection for victims of domestic violence. Ideally, restraining orders should be available to all victims. However, consistent with the patriarchal paradigm, research suggests that judicial responses to domestic violence temporary restraining order (TRO) requests may be sex-differentiated. This paper reports on a study that explored equal protection issues in family law by evaluating gender and violence profiles of a random sample of 157 TRO petitions involving intimate partners, dating couples, and married persons in a California district court. The majority of cases involved allegations of low or moderate levels of violence perpetrated by male defendants against female plaintiffs. Although there were no systematic differences in level of violence as a function of plaintiff sex, judges were almost 13 times more likely to grant a TRO requested by a female plaintiff against her male intimate partner, than a TRO requested by a male plaintiff against his female partner. Further analyses revealed that this sex differentiation was limited to cases involving allegations of low-level violence.

Role call: sex,gender roles,and intimate partner violence

ABSTRACT

Intimate partner violence (IPV) continues to be viewed in gendered and heteronormative ways. Stanziani, Cox, and Coffey (2018, Adding insult to injury: Sex, sexual orientation, and juror decision-making in a case of intimate partner violence. Journal of Homosexuality, 65(10), 1325–1350) presented participants with a case of alleged IPV while manipulating the sex and sexual orientation of the aggressor/victim dyad. Results suggested participants view violence perpetrated by a man against a woman most abhorrently. The current study replicated and expanded that study, exploring how gender role beliefs influence participant decision-making. Female participants held more adverse attitudes towards IPV when a male assaulted a female. Further, participant gender role beliefs influenced decision-making. Specifically, males who endorsed higher levels of hegemonic masculinity perceived the crime to be less serious, while females who endorsed the same beliefs perceived the defendant as less likely to benefit from treatment. Overall, results suggest individual beliefs regarding gender roles and masculinity may influence their perceptions of IPV, regardless of the gender and sexual orientation of the aggressor and victim.     

Domestic violence: A national study of the nature, size and effects of domestic violence in the Netherlands

This article reports on a large-scale nation-wide study conducted by Intomart among 1,000 randomly selected Dutch adults (male and female) about their experiences with domestic violence. An important goal of the survey was to generate general information on domestic violence. It turns out that nearly half of the Dutch population (45%) has at one time been a victim of some form of non-incidental domestic violence. It was also demonstrated that both men and women become victims of domestic violence, and the high percentages of victimization during childhood are particularly striking. Furthermore, it turned out that domestic violence often involves a combination of physical, mental and sexual forms of violence.     

Attitudes of Dutch citizens towards male victims of sexual coercion by a female perpetrator

ABSTRACT

This vignette study examines the differences in Dutch people's attitudes towards sexual coercion perpetrated by a male against a female versus sexual coercion perpetrated by a female against a male. In total, 583 Dutch citizens (16–86 years, 59.7% female) evaluated a control scenario and three sexually coercive scenarios (verbal coercion, purposeful intoxication and force), in which the sex of perpetrator and victim was purposely varied. The variables studied include: (1) scenario acceptability, (2) victim responsibility, (3) perpetrator responsibility, (4) victim pleasure, (5) victim distress and (6) support for filing a police report. The results indicate that sexual coercion of men is taken less seriously than sexual coercion of women, especially among Dutch men. However, most differences between attitudes towards male and female victims were found only in the physical force scenario. The findings highlight the importance of educational programmes to raise awareness and reduce stereotypical views on male sexual victimisation.     

Evaluating the Efficacy of Protection Orders for Victims of Domestic Violence

Abstract

The purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order.     

Injuries due to deliberate violence in areas of Denmark. V. Violence against women and children. Copenhagen Study Group

As part of an European-South American study of deliberate violence cases of violence against women greater than or equal to 15 years of age and violence against and among children under the age of 15 years were registered at 3 Danish emergency wards and at the Institute of Forensic Medicine in Copenhagen. 352 cases of violence against women and 46 cases of violence against children were registered in the three emergency wards corresponding to rates of about 1.6/1000 per year for women, 0.6/1000 per year for boys and 0.7/1000 per year for girls in a provincial/rural district, the catchment region of Holbaek County Hospital, 3.4/1000 per year for women, 2.8/1000 per year for boys and 0.6/1000 per year for girls in a mainly middle income area of the metropolis Copenhagen, the catchment region of Frederiksberg Hospital, and 4.0/1000 per year for women, 4.0/1000 per year for boys and 0.9/1000 per year for girls in a mainly low income area of Copenhagen, the catchment region of the Rigshospital. Nineteen live adult female victims and 17 dead adult female victims of violence were registered in the Institute of Forensic Medicine in Copenhagen, where also one was registered as a victim of homicide. Nearly half of the adult live female victims of violence had been injured at home while this was the case for approximately three fourth of the dead victims. In 35% of the live cases the husband was the aggressor and in 12% a former cohabitant. In 71% of the homicide cases the husband was the aggressor. The live women appeared to have fewer but more serious lesions than men. The pattern of deliberate violence against women appears to be associated with socio-economic and cultural factors. In cases with a preceding quarrel there is statistically a link to alcohol intoxication. In half of the cases of violence against children the aggressor was known to the victim, in 15% the aggressor was one of the parents, while 42% of the cases were violence among children. The pattern of violence according to sex, and the distribution and severity of lesions for 10-14 years old children showed resemblance to the situation for adults. The lesions were more serious in young infant victims, especially boys, than in adult victims.     

Comparing Women and Men Arrested for Domestic Violence: A Preliminary Report

This study uses criminal justice data to compare women and men arrested for domestic violence on their levels of violence, reported victimization, general criminality, and substance abuse. Participants were 45 women and 45 men convicted of domestic violence between 1996 and 1998. Results indicate that women were less likely than men to have a history of domestic violence offenses and nonviolent crimes. They were also more likely to report that they had been injured or victimized by their partner at the time of their arrest. However, in other ways, women and men were similar: they were equally likely to have used severe violence and inflicted severe injuries on their victims; to have previously committed violence against nonintimates; and to have been using drugs or alcohol at the time of their arrest. The implications for treatment for women arrested for domestic violence are discussed.     

Characteristics of Callers to the Domestic Abuse Helpline for Men

Intimate partner violence (IPV) by women against men has been the subject of much debate. Feminists typically argue that IPV is committed only by men against women. Others argue that violence is a human problem and women also commit much IPV. To resolve these debates, IPV has been classified into two categories: common couple violence captured by population-based studies, and patriarchal terrorism, captured by studies of battered women. This typology ignores male victims of extreme IPV. The current study addresses this omission by describing 190 male callers to the Domestic Abuse Helpline for Men. All callers experienced physical abuse from their female partners, and a substantial minority feared their wives’ violence and were stalked. Over 90% experienced controlling behaviors, and several men reported frustrating experiences with the domestic violence system. Callers’ reports indicated that their female abusers had a history of trauma, alcohol/drug problems, mental illness, and homicidal and suicidal ideations.

The Relationship Between Gender Equality and Rates of Inter- and Intra-Sexual Lethal Violence: An Exploration of Functional Form

Considerable attention has been given to the relationship between gender equality (GE) and levels of violence perpetrated by men against women in recent decades. Yet, the current state of the literature is equivocal. High levels of GE have been hypothesized to both decrease and increase men’s violence. This study proposes a theoretical account that integrates the ameliorative and backlash theses and offers a possible explanation for some of the inconsistent findings. Specifically, we argue that both ameliorative and backlash processes operate but that their relative strength and salience vary at different levels of GE. As a result of the interplay between these counter-balancing forces, the relationship between GE and levels of men’s violence men against women (and other men) is hypothesized to be curvilinear rather than linear. The results of multivariate analyses of male and female inter- and intra-sexual homicide offending offer robust support for this hypothesis.     

OUTING DOMESTIC VIOLENCE

Studies show that domestic violence among same-sex couples occurs at approximately the same statistical frequency and has many of the same characteristics as domestic violence among heterosexual couples. In addition to the elements involved in domestic violence among heterosexual couples, gays and lesbians face a series of highly specific forms of abuse perpetrated exclusively in same-sex relationships. Yet a severe disparity exists in the services that are available to victims based on which of the two types of relationships they are involved in. In the vast majority of states, family is narrowly defined within domestic violence statutes, precluding gays and lesbians from seeking civil redress for crimes perpetrated against them by their partners. For this reason, it is imperative that state legislatures react to this discrepancy by redrafting domestic violence statutes and defining family more inclusively to provide appropriate protections to victims of same-sex domestic violence.     

Sexual abuse by educators: a comparison between male and female teachers who sexually abuse students

ABSTRACT

The study aimed to identify the differences in case characteristics and typologies of female and male teachers who perpetrated sexual abuse on students. Decisions of sexual misconduct reports in England from June 2006 to December 2016 were used. Quantitative and qualitative content analysis was conducted on 20 cases of male and female teacher sexual misconduct (N?=?40). Regarding case characteristics, most were secondary school or college teachers, mid-career, with victims of the opposite sex. For differences, male teachers were older and more likely to have: perpetrated more severe and lengthier sexual abuse and previously received warnings. Interestingly, females and males were similar across the preliminary typology: minimisers and deniers; poor mental health or stressors; and young, early career. However, a fourth group of females emerged: “I was overpowered”. The study furthers the understanding of sexual misconduct by teachers and should assist in the development of policies, guidelines, and legislation around prevention.     

Stalking in the Context of Domestic Violence

Abstract

This article examines the effect of criminal justice intervention in domestic violence on stalking in that relationship. Almost two hundred female victims of misdemeanor domestic violence in three jurisdictions were interviewed three times after their cases had closed. Qualitative interviews were conducted with a subsample of 21 victims who had experience with stalking. Specific court outcomes in domestic violence cases and whether or not the victim cooperated with the prosecution do not impact whether or not a domestic violence victim experiences subsequent stalking. Women who experienced stalking in addition to domestic violence were more likely to use the system in the future than women who just experienced domestic violence. The qualitative interviews revealed additional findings regarding victims' opinions of the criminal justice response to stalking in the context of domestic violence.     

Perpetrators of sexual assault continuing to have sex with their victims following the initial assault: evidence for evolved reproductive strategies

Among a sample of college students, roughly 30% of the women and 12% of the men reported having been the victim of a sexual assault sometime in their lives. Of the assault victims, approximately 23% of both sexes stated that they had sexual intercourse with their assaulters on at least one subsequent occasion. Female victims of a completed sexual assault were significantly more likely to continue being sexually active with their assailants than were female victims who managed to block the assault, while no such difference was found for male victims. This would imply that some men are using assaultive tactics to secure sex partners beyond a single sexual episode, thereby enhancing their potential reproductive success in evolutionary terms. Also, men who committed sexual assault reported having had more lifetime sex partners than did sexually experienced men with no sexual assault history. Overall, the idea that sexual assault is part of an evolved reproductive strategy is consistent with findings from this study.     

Women Victims of Violent Partners: The Italian Situation Amid Culture and Psychopathology

In 2006, the Italian National Institute of Statistics (ISTAT) conducted a survey over the entire national territory of women victims of sexual, physical, and psychologic violence, a few years after the first survey, conducted in 2002. For the 2002 survey, respondents were 60,000 women, 22,759 of whom were aged 14–59 years. For the 2006 survey, the sample consisted of 25,000 women aged 16–70 years. Owing to the sensitivity of the issues, the telephone survey technique seems best suited because it provides more anonymity and guarantee of protection. The survey showed that the phenomenon of violence against women is most commonly perpetrated by the partner or ex‐partner, even in cases of homicide. A comparison of the Italian data with those of the U.S.A. for the period 2001–2006 showed a specificity of Intimate Partner Violence in Italy, that seems to be related to cultural elements and psychologic and psychopathologic factors.     

Twenty years of femicide in Milan: A retrospective medicolegal analysis

Femicide constitutes a leading cause of premature deaths for women, yet it has been the subject of limited research until recently. Enhanced data collection and analysis on killings of women and girls are necessary to understand and address this unrelenting phenomenon. This study examines all cases of female homicide encountered at the Institute of Legal Medicine of Milan (Italy) spanning from 1999 to 2019; data from 2020/2021 were shown separately given the bias that the forced cohabitation and stay at home during the lockdowns of the SARS-CoV-2 pandemic may represent regarding violence against women and femicide. In this study, specific factors were considered, including the age and nationality of the victims, the place of recovery of the bodies, the victim’s relationship to the perpetrator and the injuries they suffered. As a result, 200 female killings were found among the over 15,000 autopsies and 535 homicides investigated at the Institute of Legal Medicine of Milan from 1999 to 2019, representing an average of 9.5 femicides yearly. The majority of victims were Italian (74%) and half were aged between 18 and 49 years old. The killings were overwhelmingly committed in the domestic setting (78.5%) by male perpetrators (at least 85%), related to the victims as intimate or ex-intimate partners and members of the family (73.5%). The homicides were mainly perpetrated with sharp (32%) or blunt instruments (21.5%), shooting (18.5%) and asphyxiation (16.5%). This study is part of a growing effort to enhance data collection and analysis on femicide. Studying and monitoring the rates of femicide (or “femicide watch”) will permit to better understand, reduce, and finally end femicide globally.     

A review of domestic violence arrest statistics in a police department using a pro-arrest policy: Are pro-arrest policies enough?

This study examined domestic violence arrest statistics in a sheriff's department that does not utilize a community approach and provides little police training on domestic violence. In reviewing all domestic violence reports (n=1870) over a 12-month period, less than one-third (28.8%) of the domestic violence cases ended in arrest. Even the most serious charges (aggravated batteries) were more likely to end without an arrest (62.6%) than with an arrest (37.4%). Although results showed that more men were identified (88.4%) and arrested (91.6%) as batterers than women (11.6% and 8.4%, respectively), closer analyses revealed that arrested women were more often charged with more serious charges (60%) than arrested men (26.0%). Finally, gender and race data indicated that while four-fifths (84.6%) of black females were arrested on felony charges, less than one-fifth (19.5%) of white males were arrested on the same charge. These findings demonstrate a need for further research on factors that may affect pro-arrest policy effectiveness.Forensic psychological resident in private practice in Miami and Fort Lauderdale, Florida.     

Injuries due to deliberate violence in areas of Argentina. I. The extent of violence. Copenhagen Study Group

As part of a transcultural investigation of violent behaviour in Argentina and Denmark an analysis was made of the incidents involving deliberate violence as registered in the emergency wards of Hospital Fernandez and Hospital Pinero in Capital Federal Buenos Aires over a period of 13 and 17 months, respectively. In the two emergency wards a total of 281 victims of deliberate violence were observed corresponding to a rate of approximately 0.2/1000 per year in a mainly middle income area of the metropolis Buenos Aires, the catchment region of Hospital Fernandez, and 0.6/1000 per year in a mainly low income area of Buenos Aires, the catchment region of Hospital Pinero. Men aged 20-24 years and 40-49 years were found to be the most frequent victims of deliberate violence, 13% and 11%, respectively. Elderly women greater than or equal to 60 years of age were rarely found to be victims of deliberate violence (2%). Skilled and unskilled male workers were over-represented as victims of violence. Sixty-four percent of the victims were men and 29% women, 6% were boys and 0.7% girls less than or equal to 14 years of age. Twenty-one percent of the male victims and 5% of the female victims were alcohol intoxicated when arriving in the emergency ward. The incidents took place in restaurants or in the vicinity of restaurants for only 7% of the male victims, while 55% of male victims and 34% of female victims had been injured in the street, most often by non-acquainted men. Fifty-eight percent of the female victims had been subject to deliberate violence at home, in the majority of the cases beaten by their spouse. Twelve percent of the male victims and 8% of the female victims were estimated to be under the influence of drugs. The incidence of deliberate violence seems to be lower in Argentina than in Denmark. However, serious lesions appear to be considerably more frequent in male Argentinian victims compared to male Danish victims, maybe because the practice of seeking medical assistance is different in the two countries. The pattern of deliberate violence appears to be associated with socio-economic and cultural factors. Influence of alcohol does not appear to play a role that is comparable to the situation observed in Denmark. A considerably larger percentage of victims in Argentina than in Denmark had been injured in the street.     

The most important things learned about violence and trauma in the past 20 years

In the past 2 decades, important insights have been gained regarding violence and trauma. Complications occur in how violence and trauma, their causes, and their effects on victims should be defined. Violence and abuse to women--physical, sexual, and emotional--are not rare events and are most often perpetrated by partners or acquaintances rather than strangers and occur in nonmarital as well as marital relationships, including same-sex relationships. A promising methodological innovation in the study of violence and trauma is the use of longitudinal designs. Innovations in treatments for victims such as evidence-based interventions have been slow to emerge; they include eye movement desensitization and reprocessing (EMDR) and the Seeking Safety group intervention for drug-abusing women with trauma histories. Future research should address increased understanding of variation in individual responses to violence and trauma, matching of treatment to different types of male offenders, better understanding of how culture affects violence perpetration and victimization, and evaluation of domestic violence interventions.     

The role of gender in officially reported intimate partner abuse

The role of gender in intimate partner abuse (IPA) perpetration and victimization has been debated for the last several decades. Two perspectives have emerged regarding this debate. Researchers from the family violence perspective argue that men and women are violent at near equal rates and call for a reframing of the issue from one of woman battering to one of family violence. In contrast, feminist researchers maintain that men make up the majority of perpetrators and women the majority of victims in cases of intimate partner abuse. While some have put forth arguments explaining these differences, this debate is far from over. Using official reported cases of IPA, this study examines 815 IPA cases of which 13% were female perpetrated in an attempt to clarify gender differences and similarities among male and female offenders beyond prevalence rates. Special attention is paid to contextual differences and similarities and implications this research has for future research and policy.