NCJ Number
46173
Journal
Victimology Volume: 2 Issue: 3-4 Dated: (1977-1978) Pages: 585-590
Date Published
1977
Length
6 pages
Annotation
THE RESPONSE OF CRIMINAL JUSTICE AGENCIES TO THE PLIGHT OF BATTERED WOMAN ARE EXAMINED, AND EXAMPLES OF HOW THE AGENCIES DO NOT RESPOND APPROPRIATELY ARE CITED.
Abstract
CASE STUDIES OF TWO MURDERS, COMMITTED IN SELF-DEFENSE, ARE PRESENTED, SHOWING HOW THE VICTIMS OF WIFE-BEATING ARE PROSECUTED WHEN THEY FINALLY TRY TO DEFEND THEMSELVES IN MANY STATES, THE VICTIMS OF WIFE-BATTERING ARE NOT PROTECTED UNDER THE LAW. THE ONLY PLACE FOR PROTECTION IS A FAMILY COURT, AND MANY TIMES, THIS RECOURSE IS INSUFFICIENT OR TOO SLOW. ACCORDING TO FEDERAL BUREAU INVESTIGATION (FBI) STATISTICS FOR 1973, ONE-FOURTH OF ALL MURDERS OCCURRED WITHIN THE FAMILY, AND HALF OF THESE WERE SPOUSE MURDERS. IN HOMICIDE CASES, NEARLY HALF WERE COMMITTED BY THE WIFE, BUT ASSAULTS WERE MAINLY PERPETRATED BY THE HUSBAND. TWO CASES ARE DISCUSSED WHICH SHOW HOW THE WIFE CANNOT MERELY HAVE THE HUSBAND ARRESTED FOR ASSAULTING HER. SHE MUST GO TO A FAMILY COURT AND OBTAIN AN ORDER OF PROTECTION BEFORE THE POLICE WILL MAKE AN ARREST AND SOMETIMES THEY WON'T ARREST THE HUSBAND EVEN WITH THE ORDER. THE WOMEN ARE ALSO NOT INFORMED OF THE LAWS AND DO NOT KNOW HOW TO GO ABOUT HAVING THEIR ATTACKERS ARRESTED. NEW LAWS IN NEW YORK STATE ALLOW THE BATTERED SPOUSE TO CHOOSE BETWEEN CRIMINAL OR FAMILY COURT AND INSURE THAT SHE IS GIVEN A WRITTEN EXPLANATION OF THE LAW WHEN SHE FIRST GOES TO COURT. IN OHIO, A WIFE MUST HAVE FILED FOR DIVORCE BEFORE SHE CAN ASK FOR A RESTRAINING ORDER AGAINST HER HUSBAND. IN PENNSYLVANIA, A JUDGE, DISTRICT JUDGE, OR JUSTICE OF THE PEACE CAN ORDER IMMEDIATE EVICTION OF A MAN ACCUSED BY HIS WIFE OF ABUSE WITHOUT EVEN HEARING THE HUSBAND'S SIDE. THE AUTHOR CONCLUDES THAT LAWS MUST BE CHANGED IN ORDER TO PROTECT WOMEN FROM BEATINGS BY THEIR HUSBANDS. UNDER THE PRESENT SYSTEM IN MOST STATES, IT IS SOMETIMES TOO LATE TO HELP. (BAC)