The US Department of Justice studies crime in the US with particular attention to violence against women. The Bureau of Justice Statistics and the National Institute for Justice, both part of the Department of Justice, study violence between intimates and publish reports on occurrences and trends.
Violence against women is primarily partner violence. 76% of the women who were raped and/or physically assaulted since the age of 18 were assaulted by a current of former husband, cohabiting partner, or date; 17% were victimized by an acquaintance, such as a friend, neighbor or coworker; 14% were victimized by a stranger; and 9% were victimized by a relative other than a husband. By comparison, the survey found that US men are primarily raped and physically assaulted by strangers and acquaintances, not intimate partners.
Violence against women is primarily male violence. The survey also found that most violence perpetrated against adults is perpetrated by males: 93% of the women and 86% of the men who were raped and/or physicaly assaulted since the age of 18 were assaulted by a male. In comparison, only 11% of these women and 23% of these men were assaulted by a female. (p.8)
Women who were raped since age 18 were nearly twice as likely as their male counterparts to report an injury other than the rape itself.
The following excerpt provides a sense of context and dimension to statistics on violence against women.
Ma'am, I credit your testimony, and am convinced that your husband assaulted you in violation of the law. As a result, I am authorized to award you a civil protection order, which could order him to stay away from you and stop hurting you. But I'm not going to do that today. Because you have children together, you're going to have to find some way to cooperate with each other to raise them. So I want you to go home and try to work things out in private. And I suggest that you go see a movie I saw recently, called "Mrs. Doubtfire," where Robin Williams and his wife decide to separate, but still manage to find a creative way to work together when it came to their children. (In this slapstick comedy, Robin Williams' wife asks him to move out; he gets extra time with the children by dressing up as a woman and hoodwinking his wife into giving him a job as their nanny).
This story is not atypical of the contemporary response of many judges, prosecutors, and police to victims of domestic violence. But doesn't the judge in the "Mrs. Doubtfire" case have a point? After all, a punch in the eye is a low-level, misdemeanor offense, especially when compared to the kind of violence common on our city streets. So many aspects of the justice system cry out for repair; complaints abound about family and juvenile courts, failures to adopt community policing policies, and the need to adopt a crime victims' "bill of rights." Why prioritize domestic violence for special reform efforts?
One reason is that domestic violence is rarely a one-time event, and without effective intervention, it typically increases in frequency and severity over time. [FN14] A woman who comes to court today with a black eye is likely to return a few months later with a permanent bald spot caused by her husband pulling a handful of hair out of her head, or with a few of her teeth knocked out with a hammer. [FN15] A batterer who enters the criminal justice system later in the abusive dynamic is more likely to commit a felony than a misdemeanor, or to reach the point where he commits one of the murder-suicides that are relatively common in these cases. [FN16]
A pattern of escalating violence takes a profound toll on women, both physically and psychologically. Women are more likely to be beaten, [FN17] raped, [FN18] or killed [FN19] by a current or former male partner than by anyone else. Between twenty-two and thirty-five percent of women who visit hospital emergency rooms are there due to injuries sustained as a result of domestic violence. [FN20] More women seek medical attention for harm inflicted by a spouse than for injuries caused by auto accidents, rapes, and muggings combined. [FN21]
Another reason to prioritize domestic violence is the harm inflicted on children through adult battering relationships. This battering starts early: national surveys report that seventeen percent of obstetrics patients are battered. [FN22] Pregnant victims have an inflated risk of miscarriage and are four times more likely to deliver low birthweight babies. [FN23] The damage continues after birth. Nearly half of all homeless women and children have been forced to flee violence in their homes. [FN24] And children who witness violence between adults are at risk of physical harm when they are caught in the crossfire, either accidentally or (particularly with adolescent boys) while trying to intervene to protect their mothers. [FN25] Approximately sixty-three percent of young men between the ages of eleven and twenty who are imprisoned for homicide have killed their mothers' batterers. [FN26] These boys also have higher rates of suicide, violent assault, sexual assault, and alcohol and drug use. [FN27]
The impact does not stop with the batterer's children. Growing up, we learn life-long patterns dictating how we will respond when our gut-level buttons are pushed: with words or with violence. Children who are raised watching one parent abuse the other tend to take the latter course; boys who witness violence against their mothers are ten times more likely to batter female partners when they reach adulthood. [FN28] Girls exhibit a similar pattern of becoming victims of domestic violence. [FN29] This home- schooling process also forges a link between domestic and stranger violence. A recent national study, for example, showed that juvenile delinquents are four times more likely to have come from violent homes. [FN30]
Early and effective intervention in domestic abuse cases
could substantially reduce violence in the home, in the streets, and in
future generations. But how far has our society progressed toward this
goal?
Today’s largely inadequate response to domestic violence stems from law enforcement’s acute lack of understanding of the nature and context of the problem. A more enlightened approach would be responsive to the grave danger that a woman faces when she attempts to leave her abuser, and would focus law enforcement resources on intervention that enables her to do this safely.
Beating one’s wife or girlfriend is about control, power and domination. To deny the gender-based nature of domestic violence is to ignore its underlying reality. While a man often claims to "lose control" in his battering, he does not similarly lose control to resolve disputes, for instance, with his boss. In fact, a man in an abusive relationship is exerting control over the woman to keep her in line.
Batterers selectively lose control when they get home because something tells them that violence behind the walls of the home is shielded from the eyes of the law. Police officers must understand the unique nature and context in which this domestic violence occurs if they are serious about stopping it.
Domestic abuse occurs on a continuum of behavior that ranges from emotional abuse and erosion of a woman’s self-esteem to homicide that results after a woman has left or attempted to leave her batterer. The escalation of violence along this continuum is so predictable as to be preventable.
The facts that establish a victim’s right to an order of protection are the very same facts that will be relevant to her stalking case, which is likely to follow if the first incident of battering is not properly, promptly and strongly responded to by law enforcement. Those facts should be used to establish that a foreseeable pattern of criminal activity may culminate in a homicide if proper protective actions are not taken.
Recognizing that domestic violence is about power, control and domination offers an answer to the oft-asked and improperly focused question: "Why didn’t she leave?" Often, when a woman leaves, it is the most dangerous time for her. When she leaves or attempts to leave, the abuser'’ actions become more violent, as the need to control her becomes more desperate. A woman who seeks to get out of an abusive relationship is often in grave danger of "separation assault."
Battered women who kill their abusers have left or attempted to leave an average of five times. Once they do, their abusers find them, coerce them with apologies and promises to change, and the cycle of violence starts again.
"If you leave, I will kill you" are words that to a battered woman have truth and meaning. Prior threats have been carried out against her, the abuser often reminds her of what he will do to her if she leaves him. The victim can become imprisoned in her own home – a place ironically, that we were taught was safe from the rest of the world. For too many of us, it is simply not. In fact, the home is nine times more dangerous than the street.
If police and the courts understood the danger and difficulty separation presents to a victim, resources could be focused on safely separating the parties. Intervention at this critical juncture could make the difference between life and death.
Available and obvious enforcement tools include obtaining an order of protection against the batterer; tough prosecution of any violations of that order; charging any other crimes related to the domestic battery; detaining the batterer in prison for several hours to teach him that his behavior is criminal and unacceptable, and putting the victim in touch with advocacy services to give her the strength and self-esteem needed to proceed through the criminal justice system.
Prosecutors and others often complain about a woman changing her mind about pressing charges, but with little appreciation for obstacles she may be facing. Often, she considers herself to be a victim only to the extent that society considers him to be a criminal. Rather than criticize and blame her, the priority of the criminal justice system should clearly be to protect her from further violent attacks. Prosecutors must make her understand that effective prosecution is the best and only proven way to break the cycle of violence against her.
The decision to prosecute is not solely the victim’s; as with criminal
prosecutions overall, the action should lie with the state. Homicide cases
are brought every day without victims present; we should not wait to act
on a battered woman’s behalf until she becomes yet another homicide statistic.
This report on stalking is the second annual report to Congress providing information concerning the incidence of stalking and the effectiveness of state antistalking efforts and legislation as required under the provisions of VAWA. While we do not yet have all the answers on how to prevent stalking, we need no throw up our hands in frustration. Effective enforcement of the stalking laws coupled with increased understanding of the dynamics underlying the criminal behavior can go a long way toward eliminating this crime.
We know that there are several types of stalking, such as stranger stalking, stalking between intimates and former intimates, and acquaintance stalking. Most common, however, is the occurrence of stalking by an intimate or former intimate.
In the past few years, domestic violence has received enormous national attention. Along with this increased awareness, we have gained a significant body of knowledge regarding the nature of the crimes. We know that domestic violence occurs on a continuum that ranges from emotional abuse at one end to homicide at the other. The escalation of violence along this continuum often follows a predictable pattern. Our goal is to formulate responses that break the cycle of violence through effective intervention at the earliest stages. Understanding the nature of intimate violence can help prevent the further escalation of criminal activity.
Domestic violence is about control, power and domination. For this reason, when a woman leaves her abuser, he often stalks her in an effort to regain control over her. This control, we have learned, is effected through increased physical violence. Thus, when an abused woman leaves her abuser, it is a seriously dangerous time for her. The passage of stalking legislation by all 50 states provides some measure of protection during this critical period. On the Federal level, the seriousness of stalking was recently passed when Congress passed an interstate stalking law. Stalking must be understood as part of the domestic violence continuum and addressed forcefully.
[…]
Stalking is an act that terrorizes its victims. It creates a psychological
prison that deprives its victims of the basic liberty of movement and security
in their homes….We [at the Department of Justice] understand the dangers
of ineffective response to stalking , and we cannot let the perpetrators
of this crime win. The key to success is working together to protect stalking
victims and hold the perpetrators responsible for their criminal behavior.
Together we can—indeed must—act with full force of the law towards this
end.
For a good background on the dynamics of domestic violence, you are encouraged to explore the site:
[NOTE: Exploration of this site is optional for Group A participants]
www.mincava.umn.edu/dap/Documents/dv/index.htm
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