NCJ Number
60726
Journal
JOURNAL OF THE LAW SOCIETY OF SCOTLAND Volume: 24 Issue: 5 Dated: (MAY 1979) Pages: 178-183
Date Published
1979
Length
6 pages
Annotation
A REJOINDER TO AN ARTICLE ON BATTERED WOMEN DISCUSSES RECENT RESEARCH IN SCOTLAND CONCERNING THE EXTENT OF THE PROBLEM, CAUSES, AND PREVENTION, AND CLARIFIES MISCONCEPTIONS ABOUT DOMESTIC ABUSE.
Abstract
THIS ARTICLE DESCRIBES PROPOSED SCOTTISH REFORMS ON DOMESTIC VIOLENCE, BASED ON RESEARCH BEGUN IN 1974 AND ON ANALYSIS OF CITY POLICE RECORDS AND INTERVIEWS WITH 109 BATTERED WOMEN LIVING IN SHELTERS. THE PROBLEM IS WIDESPREAD, ALTHOUGH STATISTICS SHOW ONLY THOSE WHO SEEK AND RECEIVE HELP. THE CAUSES OF DOMESTIC VIOLENCE ARE DISPUTED, BUT THE 'WOMEN THEMSELVES' ARE NOT THE CAUSE. MARITAL ROLE EXPECTATIONS, SUCH AS THE HUSBAND VIEWING HIS WIFE AS A POSSESSION AND AS SUBSERVIENT TO HIS AUTHORITY, ARE IMPORTANT FACTORS. A BATTERED WOMAN'S PRIMARY NEEDS ARE PROTECTION, ACCOMODATIONS, FINANCES, AND PSYCHOLOGICAL SUPPORT. OFTEN THE WOMAN'S INTERESTS ARE SACRIFICED FOR THE 'FAMILY AS A WHOLE.' THE PAPER DISAGREES WITH THE CONTENTION THAT WOMEN ARE RELUCTANT TO PRESS CHARGES AND ARGUES THAT DATA SUPPORT THE CLAIM THAT POLICE ARE NOT IN DANGER WHEN ENFORCING THE LAW IN A DOMESTIC ASSAULT. CHANGES IN THE LAW ARE PROPOSED TO GIVE ADDITIONAL PROTECTION TO WOMEN. QUESTIONS ADDRESSED INCLUDE WHETHER THERE SHOULD BE A LAW PROTECTING THE ABUSED PERSONS RIGHT OF OCCUPATION IN THE MATRIMONIAL HOME AND WHY INTERDICTS ARE NOT EFFECTIVE, ALONG WITH THE SUGGESTION THAT BREACH OF INTERDICT SHOULD BE A CRIMINAL OFFENSE. RECOMMENDATIONS ARE MADE TO CHANGE THE LAW OF EVIDENCE IN QUESTIONS OF DOMESTIC VIOLENCE AND TO CHANGE THE LAW TO PROTECT WOMEN WHO ARE LIVING WITH, BUT NOT MARRIED TO, THE MEN WHO ABUSE THEM. REFERENCE NOTES ARE INCLUDED. (RFC)