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.     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

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     

Double Your Trouble: Dual Arrest in Family Violence

When arrest is mandated for domestic violence crimes the arrest of two individuals, or dual arrest, often occurs. This study examines the characteristics of the crime and the people caught in dual arrests, with a special emphasis on the women arrested. The data were drawn from a population of 4138 disposed family violence cases in the criminal court, 448 of their arrest records, and 90 prosecutor files. Thirty three percent of the 448 cases disposed were dual arrests. Persons subject to dual arrest were primarily white, young, nonurban, unmarried employed persons. The incident was likely to involve alcohol or drug use and physical beating with hands or fists. Forty percent of the women arrested were previously victimized in a domestic violence incident. Findings suggest that dual arrests may reflect both the differential use of violence in domestic relations and the over enforcement of policy by some police departments.     

Dual Arrest and Other Unintended Consequences of Mandatory Arrest in New York City: A Brief Report

In jurisdictions across the United States, the mandated arrest of individuals perpetrating domestic violence crimes termed “mandatory arrest” or “pro-arrest” policies has become a key policy solution to the issue of domestic violence. The purposes of the policies are to standardize the police response to, and increase the number of, arrests stemming from domestic violence incidents by removing or reducing police discretion to arrest. In 1994, the New York state legislature passed the Family Protection and Domestic Violence Intervention Act, which contained provisions enacting a mandatory arrest statute. Using information from 183 callers to a telephone helpline for victims of domestic violence, we describe four unintended consequences of the policy: “unwanted,” “dual,” “retaliatory,” and “no” arrest. Bi- and multivariate analyses are used to identify victim and perpetrator sociodemographic, situational, and legal factors associated with each arrest type. Results are discussed in the context of the effects of mandatory arrest policies and minimizing problems associated with it in the future.

Attitudes toward Domestic Violence in Korean and Vietnamese Immigrant Communities: Implications for Human Services

The present study examined the effects of gender, ethnicity, acculturation level, age, and education level of Korean and Vietnamese Americans on their attitudes toward domestic violence. The sample consisted of 229 Koreans and 184 Vietnamese, recruited from ethnic communities and college campuses in southern California. Participants completed a brief questionnaire, which included the Revised Attitudes toward Wife Abuse Scale (RAWA) and the Marin and Marin Acculturation Scale as well as demographic variables. Gender, education, and acculturation level emerged as significant predictors of attitudes toward domestic violence. More specifically, men as well as those who were less acculturated and less educated were more likely to endorse pro-violence attitudes. While there were no significant ethnic differences in the global attitude toward domestic violence between the two immigrant groups, there were specific inter-ethnic differences on select items of the RAWA scale.     

The Agencies of Abuse: Intimate Abusers' Experience of Presumptive Arrest and Prosecution

Presumptive arrest and prosecution policies are designed to eradicate domestic violence by disrupting abusive relationships and transforming the subjectivities of victimized women and abusive men. Using in-depth interviews with 30 persons arrested and prosecuted for domestic violence, this article examines the power of presumptive policies by exploring how intimate abusers experience them. The study finds that while the police and courts are able to secure arrests and convictions on domestic violence cases, nearly all the respondents in this study understand their punishments as unfair sanctions meted out by an unjust local legal system rather than as the consequences of their own actions. These injustice claims emerge from abusers' group identities as well as the very practices through which the police and courts gain authority over them. These findings demonstrate that the power of the law as a force for social change may be more limited than some have claimed. In addition, they reinforce calls to reform society's response to intimate violence through procedures that can go further in empowering victims and having offenders recognize their responsibility for violence.     

Domestic Violence and Risk Factors among Korean Immigrant Women in the United States

Domestic Violence is a serious problem among Korean immigrant women in the United States. However, little is known about the incidence of domestic violence as well as risk factors predicting violence experienced in intimate relationships. The purpose of this study is to describe domestic violence among Korean immigrant women, including type and frequency of violence and predictive factors of domestic violence experienced by Korean immigrant women. One hundred and thirty-six Korean women completed questionnaires developed in this study. Results indicate that domestic violence is a major family problem for Korean immigrant women. Implications are discussed in terms of the need of social services for Korean immigrant women.     

“They Arrested Me—And I Was the Victim”: Women’s Experiences With Getting Arrested in the Context of Domestic Violence

Since the implementation of mandatory and pro-arrest policies, there has been a sharp increase in the number of women arrested for violence against intimate partners; many of these women are also victims of intimate partner violence (IPV). Through questionnaires and interviews, this study uncovers the experience of getting arrested from the perspective of women who were both victims of IPV and arrested in IPV-related incidents. Women reported that their arrest was unexpected, led to multiple losses and collateral consequences, and served as a turning point in their relationships. Findings support emergency intervention services that include alternatives to arrest for women experiencing IPV.     

Domestic Violence Abusers: A Descriptive Study of the Characteristics of Defenders in Protection from Abuse Orders in Sedgwick County,Kansas

Protection from abuse orders have been presented in the contemporary literature as one of many tools in protecting battered women. While protection from abuse orders provide legal protection from abuse, many abusers violate these court orders. The current study describes the characteristics of 1,873 alleged domestic violence abusers in Sedgwick County, Kansas. Data were collected from protection from abuse filings over a 12-month time frame. The data were used to examine the demographics of offenders as well as to assess the prior arrests of the offenders. Results showed that abusers were typically white males, average age of 33 with extensive past criminal arrest histories.     

The Incidence and Impact of Family Violence on Mental Health Among South Korean Women: Results of a National Survey

This representative national survey examined incidence of husband-to-wife violence in the past year, lifetime exposure to parental violence, and the relationships between victimization experiences of family violence and mental health among South Korean women (N = 1,079). The major findings were that incidence rate of husband-to-wife violence among Korean women was 29.5%, which was much higher than those of other nations, and that their experiences of physical violence by husbands in the last year and lifetime verbal abuse by parents had strong associations with the mental health of victims. The findings suggest that preventive intervention programs for male perpetrators as well as domestic violence victims with mental health problems and comprehensive interventions for Korean couples are urgently needed. In addition, parents should be educated about how to modify their children’s behavior without physical punishment or verbal abuse.

Relationship Between Two Types of Help Seeking Behavior in Domestic Violence Victims

A coordinated community response system to the help-seeking behaviors of domestic violence victims is critical to minimize the impact of violent events and to educate the public, so that safe and effective conflict management skills may replace violent responses. The focus for the present study is to identify and analyze victims’ choices of law enforcement assistance in stopping the violence and/or aid through the services of the regional family violence center. Some victims select legal channels of support; others rely exclusively on social service support, and others seek assistance from both sources. Characteristics of victims whose cases followed two types of help-seeking behavior patterns—legal support or social support–were determined through archived data from both the records of a regional family violence center (FVC) (n=258) and domestic violence incident reports of a police department serving a city of approximately 200,000 citizens (n=127). Findings indicate that African American victims more frequently sought protection through law enforcement sources than they did through family violence center services, and the reverse was true for Euro-Americans.     

REASONS FOR REPORTING AND NOT REPORTING DOMESTIC VIOLENCE TO THE POLICE*

The National Crime Victimization Survey is used to examine factors that encourage and inhibit victims of domestic violence from calling the police. Victims of domestic violence are less likely than victims of other types of violence to call the police because of their privacy concerns, their fear of reprisal, and their desire to protect offenders, but they are more likely to call for self‐protection and because they perceive domestic assaults as more serious. As a result of these and other offsetting factors, victims of domestic violence are just as likely as other victims of assault to call the police.     

A COMPARISON OF TWO PROSECUTION POLICIES IN CASES OF INTIMATE PARTNER VIOLENCE: MANDATORY CASE FILING VERSUS FOLLOWING THE VICTIM'S LEAD*

Research Summary This study capitalized on differences in domestic violence prosecution policies between two boroughs of New York City. In Brooklyn, arrest cases generally are filed, but in the Bronx, cases typically are not filed when the victim does not want to proceed. We sampled 272 intimate partner cases declined by the Bronx prosecutor and 211 similar cases filed by the Brooklyn prosecutor. The Brooklyn policy is more costly, and most cases ultimately were dismissed. After 6 months, rearrest rates did not differ significantly between the two boroughs, although victims offered qualified support for the universal filing policy. Policy Implications Prosecutors face conflicting pressures when victims do not support prosecution. Victim empowerment and resource conservation favor declining such cases, but sending a message of zero tolerance favors filing. Our results support an intermediate policy of filing most cases but dropping them sooner to give victims a voice while avoiding heavy investments in cases headed for dismissal.     

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.     

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.     

Policing Domestic Violence 1967–2017

The U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson in 1967 called for a program of research that would support evidence‐based tracking, targeting, and testing of policing domestic “disputes.” During the past 50 years, the amount of research on domestic violence has grown. The findings from targeting studies reveal a steep pyramid from many low‐harm cases at the base rising to a tiny fraction that are lethal. The findings from testing studies reveal that arrests reduce reoffending among employed persons in the short run while increasing recidivism among unemployed suspects. Arrests in one experiment increased all‐cause mortality of victims over 23 years. The findings from tracking research reveal wide variance across police agencies in implementing mandatory arrest. Since the Crime Commission, however, mandatory arrest laws were also enacted in 28 states in the 1980s, with uneven enforcement for misdemeanor domestic abuse. New research is needed to test the effectiveness of other domestic violence interventions, including restorative justice, as well as follow‐up studies of previous research sites.     

NECESSARY MEASURES AND LOGISTICS TO MAXIMIZE THE SAFETY OF VICTIMS OF DOMESTIC VIOLENCE ATTENDING PARENT EDUCATION PROGRAMS

This article suggests measures that should be taken to ensure, as much as possible, the safety of victims of domestic violence. Because victims and perpetrators of domestic violence will inevitably be attendees at parent education programs, such programs must be sensitive to the safety concerns of these victims. Only when victims of domestic violence are safe will their children be safe and able to benefit from what their parents learn at these education programs. This article concludes that, by weaving common-sense logistical, administrative, and curricular recommendations into the fabric of every parent education program, the safety of victims and children will be prioritized as it must be, while all attendees still receive the maximum benefit from these valuable programs.     

Incidence and Correlates of Posttraumatic Stress Disorder in Australian Victims of Domestic Violence

In recent years, evidence has emerged of the significant incidence of posttraumatic stress disorder (PTSD) among victims of domestic violence. The present study examined incidence and correlates of PTSD in 100 female victims of domestic violence resident in women's shelters in Adelaide, South Australia. Forty-five women were found to meet all diagnostic criteria for PTSD. Women meeting PTSD diagnostic criteria reported having experienced higher levels of violence and were more likely to report having a spouse with an alcohol problem and having believed they would be killed by their spouse than women who did not meet criteria. Diagnosis of PTSD was also associated with higher levels of anxiety and depression.     

Evaluation of a Health Care Provider Training Program to Identify and Help Partner Violence Victims

This study tested four hypotheses about the impact of a 3-h domestic violence training program with 752 health care providers on attitudes and values related to screening and helping partner violence victims. Hypotheses 1, 2, and 3 were that training would be related to: 1) increased self-efficacy to identify and help partner violence victims, 2) increased endorsement of the role of health care providers and settings for helping partner violence victims, and 3) increased comfort making appropriate community referrals to help partner violence victims. Hypothesis 4 was that training effects would be moderated by prior training and by prior experience with helping a victim. Following training, health care providers reported increased self-efficacy, increased comfort making appropriate community referrals, and increased valuation of health care providers and the health care system as having an important role in stopping domestic violence. Hypothesis 4 was also supported. Prior training and/or experience with an abuse victim predicted smaller changes in the dependent variables. These gains held at a 6-month follow-up. Implications for training curriculum design are discussed, in addition to institutional policy implications for determining the benefits versus costs of universal training, including staff who demonstrate prior training or experience with battered victims. Study limitations and future research directions, including the need to measure performance and policy compliance will also be outlined.