NCJ Number
53064
Date Published
1977
Length
13 pages
Annotation
EFFECTIVE HELP FOR THE BATTERED WOMAN REQUIRES BOTH HER LAWYER AND HER PSYCHOLOGIST TO WORK TOGETHER IN AND OUT OF COURT. PSYCHOLOGISTS ARE URGED TO BE MORE AWARE OF HER LEGAL DIFFICULTIES, LAWYERS TO USE EXPERT TESTIMONY.
Abstract
FOLLOWING A BRIEF PRESENTATION OF STATISTICS TO INDICATE THE WIDESPREAD NATURE OF THE BATTERED WOMAN PROBLEM, IT IS POINTED OUT THAT COUNSELING ALONE CANNOT END THE LIFE-THREATENING DANGER THE BATTERED WOMAN FACES FROM THE MAN WITH WHOM SHE LIVES AND ON WHOM SHE OFTEN DEPENDS FOR SUPPORT, WHILE LEGAL ACTION ALONE CANNOT TURN HER SENSE OF HELPLESSNESS INTO SELF-SUFFICIENCY. THIS HELPLESSNESS IS OFTEN INCREASED BY THE REFUSAL OF POLICE OFFICERS TO ARREST THE HUSBAND AND BY THE REFUSAL OF PROSECUTORS AND JUDGES TO TREAT THE CASE AS SERIOUSLY AS THEY WOULD AN ASSAULT BY STRANGERS. THIS LACK OF CRIMINAL JUSTICE RESPONSE IS DEVASTATING BECAUSE, UNLIKE THE VICTIM OF ANY OTHER CRIME, HER ATTACKER IS OFTEN HER ONLY MEANS OF SUPPORT AND THE FATHER OF HER CHILDREN. LAWS WHICH MAKE IT ALMOST IMPOSSIBLE FOR HER TO OBTAIN CUSTODY OF THE CHILDREN IF SHE LEAVES WITHOUT THEM ARE REVIEWED. PSYCHOLOGISTS ARE URGED TO BECOME AWARE OF THE LEGAL PITFALLS FACING THE BATTERED WOMAN. THE INTRICACIES OF THE CHILD SUPPORT AND NONPAYMENT SITUATION ARE EXPLAINED. DEPARTMENT OF LABOR FIGURES ON EARNINGS FOR WOMEN SHOW WHY IT IS UNREALISTIC TO EXPECT WOMEN TO JUST LEAVE AND SUPPORT THEMSELVES AND THEIR CHILDREN. PSYCHOLOGISTS ARE URGED ALSO TO KEEP RECORDS OF BRUISES AND OTHER PHYSICAL EVIDENCE AND TO BE WILLING TO TESTIFY ON BEHALF OF THER CLIENTS. LAWYERS ARE URGED TO WORK WITH PSYCHOLOGISTS AND ACTIVELY SEEK THEIR TESTIMONY. BOTH ARE WARNED THAT DOMESTIC VIOLENCE IS A LIFE-THREATENING SITUATION TO BE TREATED SERIOUSLY. (GLR)