NCJ Number
103868
Journal
Yale Law Journa l Volume: 95 Issue: 4 Dated: (March 1986) Pages: 788-809
Date Published
1986
Length
22 pages
Annotation
The police policy of nonarrest in cases of domestic violence denies women equal protection of the laws guaranteed by the 14th amendment to the U.S. Constitution and thus, is an impermissible form of sex discrimination.
Abstract
The legal standard of proof for an equal-protection violation requires that police policy be explicitly directed against women and is not gender-neutral in terms of a policy of noninterference in domestic problems. The noninterference, nonarrest policy is not substantially related to an important State interest, but is based on the stereotypic view that men have a right to beat their wives. The police policy is motivated by a discriminatory intent to harm women. In some cases, this intent can be proven by explicit statements of officers; in others, the use of family privacy as a justification for noninterference demonstrates police beliefs that it is a man's right to rule his home as he pleases. Police perpetuation of this sterotype harms women and provides evidence of discriminatory intent. A strong police policy of viewing woman battering as a crime will begin to erode stereotypes that imply that batterers' behavior is acceptable. The arrest and prosecution of batterers will ensure that women receive the protection by the State that the U.S. Constitution says they deserve. 84 footnotes.