NCJ Number
53066
Journal
Human Rights Volume: 7 Issue: 2 Dated: (SUMMER 1978) Pages: 40-45
Date Published
1978
Length
6 pages
Annotation
WIFE BEATING IS VIEWED AS A SIGNIFICANT CIVIL RIGHTS PROBLEM, THE UNRESPONSIVENESS OF THE LEGAL SYSTEM TO THE PROBLEM IS ADDRESSED, AND SERVICES TO AID BATTERED WIVES ARE DESCRIBED.
Abstract
WIFE BEATING IS DEFINED AS PHYSICAL ABUSE OF A WOMAN BY HER PRESENT OR FORMER HUSBAND OR MALE COMPANION. CONTINUAL THREATS AND DEGRADATION ARE AN INTEGRAL PART OF THE BATTERER'S PATTERN OF CONTROL OVER HIS WIFE. THE BATTERED WIFE, THEREFORE, FEELS POWERLESS TO CHANGE HER VICTIMIZED CONDITION. SHE IS UNIQUELY DEPENDENT UPON HER ATTACKER AND IS BOUND TO HIM LEGALLY, FINANCIALLY, AND EMOTIONALLY. WITH LITTLE RECOURSE OR PROTECTION UNDER LAW, BATTERED WIVES ARE FORCED TO FLEE AND HIDE FOR THEIR SAFETY AND ARE THUS DEPRIVED OF CIVIL LIBERTY AND PROPERTY WITHOUT DUE PROCESS OF LAW. THE FREQUENCY OF MARITAL VIOLENCE IS DEMONSTRATED IN 1975 STATISTICS; OF 2,350 SPOUSE MURDERS, 52 PERCENT OF THE VICTIMS WERE WIVES AND 48 PERCENT OF THE VICTIMS WERE HUSBANDS. TOGETHER, THESE MURDERS ACCOUNTED FOR 11.5 PERCENT OF ALL HOMICIDES IN THE COUNTRY FOR THE YEAR. THERE IS A NATIONAL TENDENCY TO REGARD FAMILY VIOLENCE AND MURDER AS BEYOND POLICE RESPONSE CAPABILITY. FAMILY DISTURBANCE CALLS, DESPITE THEIR POTENTIAL FOR ENDING IN HOMICIDE OR AGGRAVATED ASSAULT, HAVE A LOWER PRIORITY IN POLICE DEPARTMENTS THAN PROPERTY CRIMES. FAMILY DISPUTE TRAINING MATERIALS PROVIDED TO POLICE OFFICERS OFTEN CONTAIN ANTIFEMALE ATTITUDES AND EMPHASIZE THE GUILTY REJECTING WIFE AS THE CAUSE OF DOMESTIC CONFLICT. SOME CITIES HAVE BEGUN TO RESPOND TO THE PLIGHT OF BATTERED WIVES, IN THE FORM OF CRIMINAL COURT DIVERSION (PEACE BOND PROCEDURES WHERE ONE OF BOTH PARTIES ARE PLACED ON FICTITIOUS PEACE BONDS AFTER AN INFORMAL HEARING AND COMMUNITY MEDIATION AND ARBITRATION SERVICES). ONE REASON PROSECUTORS RELY ON DIVERSION PROGRAMS IS THAT BATTERED WOMEN OFTEN REFUSE OR FAIL TO SIGN COMPLAINTS OR TO APPEAR IN COURT TO TESTIFY. THE MOST IMPORTANT AID TO BATTERED WOMEN IS A SHELTER WHERE THEY CAN SAFELY STAY WITH THEIR CHILDREN. SHELTERS PROVIDE EMERGENCY REFUGE WHILE STAFF AID VICTIMS IN OBTAINING WELFARE ASSISTANCE, LEGAL REPRESENTATION, AND MEDICAL TREATMENT. THE FEDERAL GOVERNMENT IS IN THE BEST POSITION TO EFFECT ATTITUDINAL AND POLICY CHANGES WITH RESPECT TO WIFE BEATING, AS IT HAS WITH RACIAL DISCRIMINATION. THE LEAA SHOULD REVISE ITS POLICE TRAINING MATERIALS TO REMOVE SEX, CLASS, AND RACIAL BIASES. (DEP)