我国反对家庭暴力地方法规、政策比较研究

我国有27个省、自治区、直辖市制定实施了反对家庭暴力的地方法规或文件。通过对这些地方法规和文件的比较分析可以发现,各地在界定家庭暴力概念、明确法规实施主体、规定举证责任、进行首问责任制等方面进行了积极的尝试,为反家暴工作的开展提供了重要依据。同时,地方性法规和政策的天然不足和相互间的差异,又迫切呼唤国家出台专门法律以及相关方面对若干法律问题做更加深入的研究论证。     

Book Reviews

Books reviewed:
Lockhart, Of Things of the Indies: Essays Old and New in Early Latin American History
Barman, Citizen Emperor: Pedro II and the Making of Brazil, 1825–91
Harding, A Refuge in Thunder: Candomblé and Alternative Spaces of Blackness in Brazil
Buffington, Criminal and Citizen in Modern Mexico
Ochoa, Feeding Mexico: The Political Uses of Food since 1910
Clarke, Class, Ethnicity, and Community in Southern Mexico: Oaxaca's Peasantries
Rovira, Women of Maize: Indigenous Women and the Zapatista Rebellion
Assies, The Challenge of Diversity: Indigenous peoples and reform of the state in Latin America
Tulchin and Garland, Social Development in Latin America. The Politics of Reform
Gelles, Water and Power in Highland Peru: the Cultural Politics of Irrigation and Development
Starn, Nightwatch: the Politics of Protest in the Andes
Payne, Uncivil Movements: The Armed Right Wing and Democracy in Latin America
Silva, The Soldier and the State in South America: Essays in Civil-Military Relations
Roniger and Sznajder, The Legacy of Human Rights Violations in the Southern Cone, Argentina, Chile, and Uruguay
Smith, Inevitable Partnership: Understanding Mexico-US Relations
Roniger and Sznajder, (eds.) Constructing Collective Identities and Shaping Public Spheres: Latin American Paths
Larraín, Identity and Modernity in Latin America
Caister, Mexico City: A Cultural and Literary Companion     

Developmental Antecedents of Interpartner Violence in a New Zealand Birth Cohort

This paper examines the developmental antecedents of interpartner violence (IPV) victimization and perpetration in a New Zealand birth cohort (n = 828). The study found: (a) IPV occurred in 70% of relationships, with conflict ranging from minor psychological abuse to severe assault; (b) men and women reported similar experiences of victimization and perpetration of IPV; (c) exposure to abuse in childhood, family dysfunction and adversity, childhood and adolescent conduct problems, and alcohol abuse/dependence were significant predictors of IPV victimization and perpetration at age 25; and (d) the antecedents of IPV were largely the same for males and females, although the specific effects of these risk factors differed according to gender. Conduct disorder was more strongly predictive of IPV for females, whereas family adversity was more strongly predictive of IPV victimisation for males.     

Does Intimate Partner Violence Epidemiology Differ Between Homes With and Without Children? A Population-Based Study of Annual Prevalence and Associated Risk Factors

We sought to determine whether intimate partner violence (IPV) risk factors differed depending upon the presence of children in the home, and to estimate the annual prevalence of IPV first in the general population and then in homes with and without children. We analyzed data from a cross-sectional random sample of 6,836 women in southeastern Pennsylvania interviewed by telephone in 2004. The magnitude of association between IPV and risk factors varied between homes with and without children for women’s alcohol problems (with children, odds ratio (OR) 7.7; 95% confidence interval (CI) 2.9, 20.9; without children, OR 2.4; 95% CI 0.9, 6.0), and mental health problems (with children, OR 4.0; 95% CI 1.8, 8.9; without children, OR 3.0; 95% CI 1.6, 5.7). Poverty was significantly associated with IPV only in homes without children (OR 3.6; 95% CI 1.9, 7.2). Annual IPV prevalence was 1.2% overall, 1.4% in homes with children, and 1.1% in homes without children. One in 63 children lived in a home with IPV. Differences in IPV risk factors in homes with and without children suggest distinct underlying IPV mechanisms or consequences in these contexts.     

IF A THREAT OF VIOLENCE IS PRESENTED,WHEN DOES THE LAW REQUIRE FAMILY MEDIATORS TO BREACH CONFIDENTIALITY?

For a family mediator to protect his client, a third party, and/or himself from unlawfully disclosing a client's admission, the family mediator should use the principles set forth in Tarasoff v. Regents of the University of California when a threat of violence is presented by one of his clients, since many states have adopted these principles through case law and statute to protect third parties from acts of violence. The two most significant factors in determining whether to breach confidentiality are the identifiability of the victim and the likelihood of the potential physical harm. If a jurisdiction has not explicitly done so via statute, the family mediator should nonetheless follow these principles since they are likely to be adopted by that jurisdiction through case law, because the probability of a court's finding a special relationship between a family mediator and a client is relatively high.     

Factors Associated with Domestic Violence and Sexual Assault Victimization

This study explored factors associated with a lifetime history of domestic violence and sexual assault in a sample of welfare recipients in Illinois. Results indicate that childhood exposure to domestic violence is a risk factor for both sexual assault and domestic violence victimization, but that childhood physical abuse is only a risk factor for domestic violence. Increased education and employment skills and having more children were also risk factors for domestic violence victimization. Domestic violence was significantly associated with depression, while sexual assault was associated with low social support and a greater perceived need for mental health services. Frequent alcohol and drug use were not associated with either type of victimization. Research implications are discussed.     

家庭暴力和婚姻家庭的伦理底线

夫妻之间产生的家庭暴力是一种不对称的暴力行为。其可分成硬暴力和软暴力两种不同形式。而后者的行为同样令人发指,它所带给夫妻双方的伤害更为隐密和持久。如果说硬暴力是一个和法律密切相关的问题,那么软暴力似乎只是一个和婚姻伦理相关的问题。     

Continuities in marital violence

Marital violence studies of clinical populations of battered women indicate that, over time, violence becomes an habitual strategy for resolving conflicts resulting in escalation in frequency and severity of violence. This study examines the issue of continuity of marital violence among a national probability sample of female victims and male offenders. Findings indicate that among the general population, approximately one-half of all marital violence is suspended over a three-year period. Predictors of marital violence continuity were also investigated in an exploratory way.     

Linking marital violence,mother-child/father-child aggression,and child behavior problems

Previous research indicates that observation of marital violence has a deleterious impact on children's adjustment. However, little is known about the mechanisms underlying this relationship. The present study examined the relationships between observation of marital violence, mother-child aggression, father-child aggression, and child behavior problems in a sample of 185 children (ages 7 to 13) and their mothers who were residing at battered women shelters. A significant positive association was found between amount of marital violence witnessed and father-child aggression. However, the correlation between the amount of marital violence witnessed and mother-child aggression was not significant. Hierarchical regression analyses revealed that both the amount of marital violence witnessed as well as mother-child aggression were significantly related to child behavior problems, even when controlling for the effects of child age, race, and father status (i.e., whether the mother's partner was the biological father or stepfather/cohabitee). Family violence variables were better predictors of girls' rather than boys' behavior problems, particularly externalizing behavior problem scores. The lack of significance between father-child aggression and child behavior problems, as well as the implications of the findings, are discussed.     

Changing Stalking Patterns and Prosecutorial Decisions: Bridging the Present to the Future

This article reviews sixty cases from prosecutor's files in two New Jersey counties. These cases are used to examine and help better define the phenomena of stalking. Selected sample case examples are presented and described in regard to the typology of stalking behavior originally proposed by Dziegielewski and Roberts (1995). Based on these cases, application, modification and refinement of the typology criteria are suggested. The critical need for crisis intervention protocols and specialized anti-stalking units and training are emphasized. It is hoped that this information will help the criminal justice and forensic professional to better understand, assess the dangerousness of, and intervene rapidly and effectively in the phenomena of stalking, and to provide technology to protect victims.