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.     

Judicial Monitoring of Compliance: Introducing 'Problem Solving' Approaches to Domestic Violence Courts in England and Wales

This article examines the development of specialist domesticviolence courts. It overviews the features of ‘problemsolving’ courts and considers the extent to which thefledgling domestic violence courts in England and Wales areadopting the problem solving approaches found in some specialistcourts in the United States of America. Whilst noting some ofthe successes of the first seven domestic violence courts inEngland and Wales, the article concludes that more effectiveinterventions in domestic violence cases can be achieved throughgreater involvement of the judiciary in ongoing monitoring ofthe defendant’s compliance with court ordered perpetratorprogrammes.     

The production of the "battered immigrant" in public policy and domestic violence advocacy

In the context of U.S. public policy, battered immigrant signifies a person who is eligible to adjust his or her status under immigration law if he or she can demonstrate they have suffered domestic violence in the United States perpetrated by a U.S. citizen or legal permanent resident. Among community organizers, the term battered immigrant signifies a broader range of people for whom legal immigration status plays a role in their options for safety planning and/or leaving an abuser, the potential threat of deportation, and the eligibility for public benefits. Based on an ethnographic study of domestic violence advocacy with South Asian immigrants in Seattle and around the United States, this article examines how the difference in signification has direct social and political consequences with regard to who may access the benefits and protection offered to victims of domestic violence in the United States.     

"Women must endure according to their karma": Cambodian immigrant women talk about domestic violence

Asian populations living in the United States share similar cultural values that influence their experiences with domestic violence. However, it is critical to recognize how differential cultural beliefs in the context of immigration and adjustment to life in the United States affect attitudes, interpretations, and response to domestic violence. This article discusses findings from community-based participatory action research that explores how Cambodian immigrant women talk about domestic violence, what forms of abuse contribute to domestic violence, and what strategies they use to cope with and respond to abuse in their lives. The richness of this research lies in the stories that immigrant women tell about their struggle and their strength in addressing domestic violence.     

MEDIATION AND DOMESTIC VIOLENCE

This article summarizes policies and procedures used by various courts in the United States in responding to domestic violence. Over 200 courts and services were contacted under a grant from the State Justice Institute in developing this survey. The article covers the profile of mediation services, mediator training regarding domestic violence, screening for domestic violence and protocols used.     

A meta-analytic review of court-mandated batterer intervention programs: Can courts affect abusers’ behavior?

Court-mandated batterer intervention programs are being implemented throughout the United States to address the problem of domestic violence. Prior reviews of research on the effectiveness of these programs have arrived at conflicting conclusions. This study is a systematic review of the extant research on this topic. Experimental and quasi-experimental studies that used matching or statistical controls were included. The results were mixed. The mean effect for official reports of domestic violence from experimental studies showed modest benefit, whereas the mean effect for victim reported outcomes was zero. Quasi-experimental studies using a no-treatment comparison had inconsistent findings indicating an overall small harmful effect. In contract, quasi-experimental studies using a treatment dropout design showed a large, positive mean effect on domestic violence outcomes. We discuss the weakness of the latter design and raise concerns regarding official reports. The findings, we believe, raise doubts about the effectiveness of court-mandated batterer intervention programs.     

159例家庭暴力损伤的法医学鉴定分析

目的　探讨家庭暴力损伤的特点及其有关的法医学鉴定问题。方法　对 1 998年 4月～ 1 999年 1 2月间来诊的 1 59例家庭暴力损伤鉴定案件进行回顾研究。结果　家庭暴力的受害者绝大多数为妇女(占 93 1 % ) ,主要发生在配偶间 ( 85 5% ) ,其次为虐老 ( 7 5% )和虐儿 ( 5% )。家庭暴力一般发生在家中 ,以晚上为发生高峰。致伤方式以拳脚为主 ,其次为随手可得的钝器或锐器。损伤多为软组织损伤 ;有4 0 %的受害人投诉前未去医院就诊 ;损伤程度多为轻微伤 ,达轻伤标准占 1 0 %。结论　家庭暴力损伤具有隐藏性和复杂性 ,准确及时地进行法医学鉴定可为受害人主张权利提供有力的证据和帮助 ,对揭露家庭犯罪有着重要意义     

CHILD CUSTODY MEDIATION AND SPOUSE ABUSE

This article discusses domestic violence, providing information and a review of literature regarding this phenomena. The article then goes on to describe a protocol developed by the Orange County (California) mediation and investigative unit that provides protection to the alleged victim of violence through the use of assessment interviews, co-mediation with a male-female mediation team, and the development of postparenting arrangements that provide for protection and security. The article also reviews a sample of 100 domestic violence cases handled in Orange County during 1991. Data from this research suggest that mediators using the protocols described in this article are able to guide the more serious, high-risk cases into more protective outcomes and that mediation can provide a very important adjunct to the trial court process.     

Living victims of strangulation: a 10-year review of cases in a metropolitan community

The prevalence of reported domestic violence or intimate partner violence has greatly increased, with approximately 1.5 million women violently assaulted annually in the United States by an intimate partner. Strangulation is often seen in violence against women, including domestic violence cases. Strangulation is defined as "a form of asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck." This is a 10-year case review of 102 living victims of strangulation who underwent medicolegal evaluation at the Clinical Forensic Medicine Program at a State Medical Examiner's Office serving Southern Indiana and all of Kentucky. The majority of victims (79%) were strangled by an intimate partner, and manual strangulation was the most common method (83%). A total of 38 victims (38%) described a history of domestic violence, and the same number lost consciousness while being strangled. Nine (9%) women were pregnant at the time of the attack, while 13 (13%) had a history of being sexually abused in addition to being strangled. A paucity of cases involved only strangulation, as most of the victims were subjected to myriad forms of blunt force trauma which included not only the head and neck but also other bodily regions. This is a unique presentation of strangulation of living persons as most evidence of strangulation in the forensic literature has been derived from postmortem examinations of the victims. This comprehensive study discussing the examination of a living strangulation victim offers valuable insight into the mechanism and the physical findings involved in the strangulation process.     

The perceived impact of a child maltreatment report from the perspective of the domestic violence shelter worker

The purpose of this study is to examine domestic violence shelter workers' perceptions of child maltreatment reporting. A sample of 82 professionals from domestic violence shelters across the United States participated in a survey focusing on a variety of different types of reports and the frequency of both positive and negative outcomes arising from these reports. Possible outcomes included in the study are damage to the relationship between the worker and the battered woman, disempowerment of the battered woman, discouragement from seeking further help, protection of the child, further traumatization of the child, further disruption to the family, and damage to the woman's likelihood of maintaining custody. Significant differences in perceived impact are found based on identity of abuser (spousal batterer vs. battered woman) and nature of report (child as witness to domestic violence vs. child as victim of abuse). These results point to the complexity of perceptions regarding the impact of reporting.     

"For us it is like living in the dark": Ethiopian women's experiences with domestic violence

This article discusses the experiences of domestic violence among Ethiopian refugees and immigrants in the United States. A subset (n=18) of the larger study sample (N=254) participated in three focus groups with Amharic-speaking survivors of domestic violence who were currently in or had left abusive relationships. The research was conducted through a public health department, University, and community agency partnership. Findings show domestic violence as taking place within a context of immigration, acculturation, and rapid changes in family and social structure. Participants expressed a need for language and culture-specific domestic violence support and advocacy as well as education programs regarding U.S. laws and resources.     

MANDATORY MEDIATION OF CUSTODY IN THE FACE OF DOMESTIC VIOLENCE

Mediation is frequently mandated as a first step for custody, visitation, and divorce cases. As a process that requires a balance of power between participants, mediation is not an appropriate method to resolve domestic violence disputes, a phenomenon that reflects profound disparities in power between the perpetrator and the victim. Of all marriages referred to court-based divorce and custody/visitation mediation programs, 50% to 80% involve domestic violence. This raises very serious questions about mandatory mediation. This article considers the effects of domestic violence on the mediation process. It questions the use of mandatory mediation and suggests ways that mediators might recognize and respond to domestic violence.     

Public satisfaction with the police in domestic violence cases: The importance of arrest,expectations, and involuntary contact

This study examines the importance of victims’ expectations of the police, the decision to arrest, and voluntary contact on satisfaction ratings of the police in domestic violence cases. Based on results from past research and modern police policy, several hypotheses are tested including: fulfilled expectations, offender arrests, and voluntary contacts resulting in positive satisfaction ratings of the police. To investigate these predictions further, the present study utilizes data from a national study on violence against women in the United States. Logistic regression analyses indicate that fulfilled expectations and the arrest decision are important to positive satisfaction ratings. Findings also indicate that involuntary, not voluntary, contact with the police leads to higher satisfaction ratings.     

Violence and legalized brothel prostitution in Nevada: examining safety, risk, and prostitution policy

This article examines violence in legalized brothels in Nevada. Debates over prostitution policies in the United States have long focused on questions of safety and risk. These discourses inevitably invoke the coupling of violence and prostitution, though systematic examinations of the relationship between the two are sparse. This article explores the issue of violence in the Nevada brothel industry. By drawing on interviews with prostitutes, managers, and policy makers, this article examines both prostitutes' perceptions of safety and risk and brothel managers' practices designed to mitigate violence. Discourses relate to three types of violence: interpersonal violence against prostitutes, violence against community order, and sexually transmitted diseases as violence. The authors conclude by arguing that the legalization of prostitution brings a level of public scrutiny, official regulation, and bureaucratization to brothels that decreases the risk of these 3 types of systematic violence.     

REFUSING TO BLAME THE VICTIM FOR THE AFTERMATH OF DOMESTIC VIOLENCE

This note addresses the decision of Nicholson v. Williams and the significant impact it will have on the rights of domestic violence victims. Victims are faced with unique challenges with regards to protecting their children from witnessing domestic violence. The Nicholson decision recognizes that the dynamics of domestic violence require special consideration in "failure to protect" cases and that removal from the home is not necessarily the best alternative for the well-being of the children. This note attempts to explain that the abuser, not the victim, is responsible for the effects that domestic violence has on the children who witness it and that it is important to keep the victim and children united to cope with the effects of domestic violence.     

Domestic Sexual Assault: A New Opportunity for Court Response

Based on research conducted for the State Justice Institute, this article examines the invisibility of domestic sexual assault—also known as intimate partner sexual assault or spousal, wife, or marital rape—from the perspective of community and court responses to domestic violence and sexual assault. The article identifies the consequences of invisibility of domestic sexual assault, including the potential for lethality, and offers suggestions to courts for improving outcomes for victims and perpetrators. Areas explored include data collection and analysis, judicial leadership, and specialization in victim response systems, law enforcement and prosecution, court management, and offender intervention.     

“Memorialization Laws in the United Kingdom: A Response to Fear or an Increased Occurrence?”

Issues of sexual abuse, predation and rape have received an increased degree of attention over the last decade and as a result have overshadowed similarly offensive crimes. Various highly publicized cases of sexual violence against women and children have gripped both the United States and the United Kingdom and have resulted in the implementation of sexual violence laws. Media coverage of an ‘epidemic’ of sexual violence has led some to question whether the frenzy surrounding these publicized cases has created a “fear factor” among parents and caregivers, begging the question as to whether the incidence of sexual violence has increased or whether the heightened sensitivity is a result of increased media reporting. This article examines approximately 12 years of aggregate sexual abuse prevalence data (crimes reported to the police) in England, Wales, Scotland and Northern Ireland, and compared prevalence change points and sexual offense law implementation. The article then examines the possible theory of whether Sarah’s Law could potentially to be a result of increased fear or a moral panic. Findings indicate sex crime rates were declining prior to the law’s implementation, lending cautious support to the proposition that the genesis of Sarah’s Law may have been due to fear, rather than actual increases in sexual crimes.     

Drawing the Necessary Line: A Review of Dating Domestic Violence Statutes around the United States

Orders of protection help combat dating violence by ensuring a period of separation between the victim and the abuser. The prevalence of dating violence is similar to that of spousal abuse and the effects on the nonmarried victims are just as severe. Some jurisdictions in the United States do not offer victims in dating relationships protective orders and two states restrict orders for same‐sex couples only. Other state statutes are inadequate. A uniform statute that permits participants in dating relationships access to protective orders should be implemented across the country.

Key Points for the Family Court Community:
• See and understand the changes in dating domestic violence statutes
• Up to date as of 2011 with 2012 amendments to state statutes

     

"No way out": Russian-speaking women's experiences with domestic violence

This article explores the experience of domestic violence and utilization of domestic violence resources among immigrant women who were Russian speaking. Participants, many of whom came to the United States as so-called mail-order brides, reported diverse forms of abuse, including isolation and financial restrictions, and were reluctant to get outside help because of embarrassment about their circumstances. Survivors stressed the importance of language- and culture-appropriate outreach and services and urged that women receive information about domestic violence services and laws on immigration. Assistance with housing, child care, and job searches is integral to safe transitions out of abusive relationships.     

Toward a Feminist State: What Does ‘Effective’ Prosecution of Domestic Violence Mean?

This article examines domestic violence criminal prosecutions and addresses what 'effective' prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that 'effective' prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus .