Righting Domestic Violence

For too long human rights have been used to support a legalapproach to domestic violence which is non-interventionist.This article discusses the ways in which human rights can beused to compel an approach to cases of domestic violence whichrequires state action to protect those harmed by domestic abuse.It argues that the state has an obligation to protect its citizensfrom torture, inhuman and degrading treatment and this obligationis heightened in respect of vulnerable adults and particularlychildren. Further, correctly understood, rights to respect forprivate and family life, rather than being a barrier to stateintervention can be seen as justifying it.     

Specialized Domestic Violence Courts

Abstract

The multimethod study assesses the perceptions of specialized domestic violence courts' processes with victims' experiences as the central focus. Perceptions of the traditional courts and specialized domestic violence courts are compared among victims, courtroom police, attorneys, judges and victim advocates. Domestic violence education among attorneys, judges, and victim advocates is also compared. Despite the intended improvements with the specialized court model, victims report similar problems in both court models. Safety and victims support among respondents is mixed. Professionals from the specialized court receive no more domestic violence education than those from the general court. Victims' and courtroom police recommendations are presented.     

Women's Accounts of Domestic Violence

Abstract

Critiques of behavioral inventories, qualitative studies of battered women's experiences, and communications research all suggest that women's accounts of violence contain information and a more complex structure than is captured by checklist measures that focus on types of abuse. We conducted a quantitative thematic analysis of 162 women's accounts of domestic violence to assess structure and content. Most women presented domestic violence as a “story” with an introduction, body and a conclusion: 59% presented a “complete story” and 33% a “near story.” Background information and problem statements were the most prevalent content statements in the “introduction,” and relationship issues and explanations were most common in the “conclusion.” Bivariate analyses revealed that accounts did not vary by socio-demographic factors and severity of the incident. Men were less likely to present complete stories, had far briefer narratives, and never discussed relationship issues. Knowledge of the structure and content of women's accounts provides greater understanding of women's responses to violence.     

The End of Domestic Violence

In this article, I examine the rationales that have been given for extending domestic violence legislation to associated persons. I argue that the empirical and principled rationales are unfounded and that the ideological rationale is reactionary. With regard to the empirical rationale, the extent of violence that the aggregate of associated persons suffers is not high enough to justify privileging associated persons over other citizens with regard to protection from violence. In relation to the principled rationale, the impetus for domestic violence legislation was based on isolation and inequality, which are not experienced in particular by the category of associated persons when taken as a whole. With regard to the ideological rationale, it is worrying that intimacy and equality are emerging as the touchstones of a newer rationale for domestic violence legislation, which rightly has more to do with isolation and inequality than intimacy and equality.     

Stalking Behaviors Within Domestic Violence

An examination of data from 120 male and female batterers of varied age and marital, educational, and economic status, who attended group treatment for batterers or who were charged with domestic violence from January to February 1996 in a district court setting, produced the following findings: Stalkers tended to live alone, were less likely to be married, not living with children, and used more alcohol than nonstalkers. They also tended to have had a history of prior stalking offenses and of being abused themselves. Factor analysis found three stalking groupings: one in which discrediting was the key, a second revolving around love turning to hate, and a third with violent confrontation with the ex-partner.     

Male Victims of Domestic Violence

Most studies regarding DV focused mainly on female victims. To gain more insight into the problems male victims encounter, this study investigated the characteristics of this group in the Netherlands. Adult male victims of DV filled out an online questionnaire regarding the characteristics of the abuse (N?=?372). When men are victims of DV, they are physically as well as psychologically abused with the female (ex)-partners often being their perpetrator. The most important reason for men not to report the abuse is the belief the police would not take any action. Our findings suggest society should be aware that men are also victims of DV and feel the need to talk about it and desire support.     

Prosecuting Domestic Violence without Victim Participation

This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called 'victimless' prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a 'freedom model' of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.     

Police Handling of Domestic Violence Calls

Abstract

Summary. This study compares the rates and correlates associated with an arrest response when police respond to domestic assault calls in one jurisdiction at one point in time through two different methodological approachespolice self-report and case record analysis. While police self-reported a high likelihood to arrest (approximately a 60% rate of arrest), police reports indicated a much lower rate of arrest (20%). However, the two methodologies showed greater similarities in terms of correlates associated with this arrest response. Specifically, both indicated the predominance of situational factors over officer, offender or victim characteristics.     

Domestic Violence and Children’s Presence: A Population-based Study of Law Enforcement Surveillance of Domestic Violence

The purpose of the present study was twofold: (1) to test whether law enforcement officers could reliably use a standard protocol to collect data on domestic violence events (DVEs) across a large municipality, and (2) to use these data to examine prevalence and nature of the violence and children’s presence. Reliability checks indicated that data were collected reliably on over 5,000 substantiated DVEs. Findings showed that 48% of all assaults in the municipality were DVEs. Victims were predominantly females in their early thirties, and injuries were predominantly minor and resulted from body contact. Children were present in nearly 50% of the DVEs. They were disproportionately present in domestic violence households compared to all other households in the municipality. Domestic violence households with children were more likely to have mothers and fathers involved in the violence and were disproportionately minority households headed by single females in relatively poor neighborhoods.     

不放弃追诉政策--国家介入家庭暴力的价值选择

本文针对国家是否应该介入家庭暴力案件进行探讨 ,并通过了解美国在家庭暴力方面有关的立法和司法的改革与发展过程 ,以及围绕着对著名的“不放弃追诉”政策的争论 ,提出在我国国家司法机关介入家庭暴力 ,虽然存在一定的缺陷 ,但总体上是利大于弊 ,具有正当性和可行性。     

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.     

家庭暴力受虐妇女庇护研究

通过家庭暴力受虐妇女庇护所救助家庭暴力受虐妇女是国际上通用的防止家庭暴力对妇女造成和继续造成伤害最直接且有效的方法.受虐妇女庇护所的正常运行需要立法、司法、社会意识、理论制度、运作机制等良好社会环境作为其有效支撑.我国家庭暴力受虐妇女庇护所现状令人堪优,只有为家庭暴力受虐妇女庇护所构建其正常运行所需平台,才能发挥其应有功效.     

Pregnancy as a Stimulus for Domestic Violence

Data collected from a domestic violence prevention and treatment program were analyzed to determine the relationship between female reproductive status and violent incidents. Both the frequency and severity of male initiated violence against women were twice as high when they were pregnant. These results are discussed in the context of an evolutionary perspective on domestic violence.     

警察干预家庭暴力问题研究

家庭暴力是一个全球性的问题。20世纪70年代以来,国际妇女运动关注家庭暴力时,警察的责任同时被提出。现阶段,我国警察干预家庭暴力的实践仍处于探索阶段,存在着立法缺失、执法思想陈旧等方面的问题。当前,全国妇联正会同公安部等九个部委,拟推出《关于预防和制止家庭暴力的若干意见》,将为警方参与预防和制止家庭暴力提供政策依据。在此形势下,加强对警察干预家庭暴力实践与理论的研究,构建警察干预家庭暴力的有效模式,成为一个迫切而必要的课题。