NCJ Number
45278
Date Published
1977
Length
11 pages
Annotation
LEGISLATION PROPOSED IN FLORIDA TO ADDRESS THE PROBLEM OF DOMESTIC VIOLENCE IS DESCRIBED; PROVISIONS RELATING TO PROSECUTION OF OFFENDERS AND FACILITIES FOR VICTIMS ARE OUTLINED.
Abstract
A SURVEY EXPLORING THE SPOUSE ABUSE PROBLEM WAS DISTRIBUTED IN NOVEMBER OF 1975 TO THE PUBLIC DEFENDER, STATE ATTORNEY, AND CHIEF CIRCUIT JUDGE FOR EACH OF FLORIDA'S JUDICIAL CIRCUITS; THE QUESTIONS COVERED INCIDENTS OF SPOUSE ABUSE AND PROSECUTION FOR THAT OFFENSE FOR THE 5-YEAR PERIOD PRECEDING THE SURVEY AND SOLICITED RECOMMENDATIONS AND COMMENTS. IT WAS SHOWN THAT NO PUBLIC OFFICE IN FLORIDA KEPT SEPARATE RECORDS OF WIFEBEATING OR SPOUSE ABUSE, ALTHOUGH NEARLY ALL RESPONDENTS STATED THAT THE PROBLEM WAS FAR GREATER THAN HAD BEEN REPORTED TO THEIR OFFICES. UNDER FLORIDA LAW AT THE TIME OF WRITING, CRIMINAL CHARGES COULD BE FILED AGAINST A HUSBAND FOR BEATING HIS WIFE UNDER NORMAL CRIMINAL STATUTES COVERING ASSAULT, BATTERY, AND AGGRAVATED ASSAULT; THE POLICE, HOWEVER, COULD ONLY ARREST IN MISDEMEANOR CASES WHEN THE CRIME WAS COMMITTED IN THEIR PRESENCE. BASED ON THE RESULTS OF THE SURVEY, THREE AREAS TO BE CONSIDERED SPECIFICALLY IN REMEDIAL LEGISLATION WERE DEFINED; (1) A STATISTICAL BASIS SHOULD BE ESTABLISHED TO DETERMINE THE SEVERITY AND FREQUENCY OF SPOUSE ABUSE IN FLORIDA; (2) POLICE OFFICERS SHOULD BE PROVIDED THE LEGAL AUTHORITY TO MAKE ARRESTS ON PROBABLE CAUSE FOR A MISDEMEANOR CRIMINAL CHARGE, WITH PARTICULAR REFERENCE TO DOMESTIC VIOLENCE; AND (3) SHELTER, CARE, AND COUNSELING ARE NECESSARY TO PROVIDE A WORKABLE LIVING ALTERNATIVE TO THOSE ABUSED INDIVIDUALS WHO ARE SUBJECTED TO SEVERE, RECURRING VIOLENCE. LEGISLATION WAS PROPOSED WHICH PROVIDES THAT INCIDENTS OF SPOUSE ABUSE SHALL BE REPORTED TO THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, THAT FAILURE TO DO SO IS A SECOND-DEGREE MISDEMEANOR, AND THAT ANYONE REPORTING A CASE OF SPOUSE ABUSE WHILE ACTING IN GOOD FAITH SHALL BE IMMUNE FROM ANY LIABILITY. IN ADDITION, THE BILL PROVIDES THAT THE DEPARTMENT SHALL INVESTIGATE CASES OF SPOUSE ABUSE AND, WHEN APPROPRIATE, TRANSMIT THE INFORMATION TO THE STATE ATTORNEY FOR FURTHER ACTION. ADDITIONAL LEGISLATION WHICH WOULD ESTABLISH THERAPEUTIC OR REHABILITATIVE PROGRAMS AIMED AT REACHING BOTH THE ABUSED AND THE ABUSER AND WHICH WOULD REQUIRE THAT THE DEPARTMENT ESTABLISH TEMPORARY PLACEMENT FACILITIES FOR THE PURPOSE OF PROVIDNG TREATMENT AND CARE OF THE ABUSED SPOUSE HAS ALSO BEEN PROPOSED. THE FULL TEXTS OF BOTH PIECES OF LEGISLATION ARE INCLUDED.