Consent, Inference and Patterns of Abuse in a Case of Domestic Violence (From Forensic Psychologist’s Casebook: Psychological Profiling and Criminal Investigation, P 368-379, 2005, Laurence Alison, ed,--See NCJ-210952)

• NCJ Number: 210966
• Author(s): Emily Alison; Laurence Alison
• Date Published: 2005
• Length: 12 pages
• Sale Source: Willan Publishing
• Publication Format: Book Chapter
• Publication Type: Case Study
• Language: English
• Country: United States of America

Annotation

This chapter assesses a domestic violence case in order to interpret and examine the circumstances as they compare to other domestic violence cases.

Abstract

In the case at hand, the defendant (Warner) is accused of serious assault, rape, and false imprisonment for the attack on the victim (Winter). The authors reviewed several pieces of written evidence regarding the case but did not interview the victim, defendant, or witnesses; the assessment is thus based on the written documentation alone. The facts of the case are summarized and the key issues of the assessment are highlighted. In particular, the authors focused on two key issues of relevance in assessing the case at hand: (1) an examination of the role of intent common among domestic violence cases so that a pattern of abusive, controlling, and violent behavior could be established, and (2) the prevalence and circumstances involved with the use of sexual violence and rape in domestic violence cases. A review of the research literature on domestic violence and domestic sexual assault is offered, with particular attention paid to the role of jealousy in domestic assault cases and the issue of consent in domestic violence cases involving rape or sexual assault. Thus, the assessment of the case involved the establishment of general trends and patterns of abuse in physically and sexually violent relationships so that the jury and judge could make more informed decisions concerning the case at hand. Note, references