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.     

DOMESTIC VIOLENCE IN SAME‐GENDER RELATIONSHIPS

Physical violence occurs in 11–12% of same‐gender couples, which suggests that domestic violence is an abuse of power that can happen in any type of intimate relationship, regardless of gender or sexual orientation. Although incidents of violence occur at the same rate in same‐gender couples and cross‐gender couples, the violence appears to be milder in same‐gender couples and it is unclear what percentage of same‐gender violence should be characterized as abuse or intimate terrorism. Same‐gender victims also suffer from the additional stress of severe isolation and the abuser's threats to expose the victim's sexual orientation in a hostile manner.     

Consequences and dilemmas in therapeutic relationships with families resulting from mandatory reporting legislation

Mandatory reporting legislation has been adopted in every state to insure the protection of children from maltreatment. These statutes have become a significant factor in the lives of mental health professionals who work with children and families. Thirty psychotherapists who had made a recent report of child maltreatment on a client in treatment were interviewed about their experiences with reporting and the consequences of reporting for therapeutic relationships. Several potentially problematic consequences and dilemmas were identified by the therapists, including immediate and long-term effects on the therapeutic alliance and course of therapy, and conflicts of interest in working with children and families.     

Civil War and the Social Contract

In this contract-theoretic modelthe government promises a transfer to itspotential opponent in return for notengaging in a civil war. Two causes ofcivil war are identified: (i) imperfectcredibility increases the cost of therequired transfer, and may make itunfeasible; (ii) asymmetric informationfaces the government with the classicefficiency/rent-extraction trade off, andcivil war is used as a screening device.This problem can be solved by creating amixed army. The model determines whether amilitary regime or a redistributive stateprevails in a peaceful equilibrium. Astatistical illustration is presented,using African data.     

Peasant and state in Mozambique

Merle Bowen's study focuses on the evolution of the ‘middle peasantry’ in both colonial and postcolonial Mozambique. In doing so, she successfully challenges long‐standing, if highly problematic, notions that the Mozambican economy consists of a ‘traditional’, subsistence‐oriented peasant sector with only nominal links to ‘modern’ forms of agriculture, the urban areas, and regional and international markets. At the same time, she usefully illuminates continuities in colonial and post‐independence agrarian policies and shows the ways in which the experience of smallholder agricultural co‐operatives under the Portuguese shaped the peasantry's perceptions of, and responses to, collective agriculture under Frelimo. However, the evidence in Bowen's case study does not necessarily sustain her central thesis that the post‐independence state, like its colonial predecessor, was ‘anti‐peasant’. This is one of several criticisms made of Bowen's text.

The State Against the Peasantry: Rural Struggles in Colonial and Postcolonial Mozambique, by Merle L. Bowen, Charlottesville and London: University Press of Virginia, 2000. Pp.xiv + 256. US$65 (hardback); $19.50 (paperback). ISBN 0 8139 1910 X and 1917 7.