NCJ Number
55458
Date Published
1978
Length
37 pages
Annotation
FOUR EXPLANATIONS OF THE ETIOLOGY OF WIFE BATTERING ARE PUT FORTH; THE STATUS OF WOMEN IN ENGLISH LAW GENERALLY AND THEIR STATUS UNDER THE CRIMINAL LAW ARE EXAMINED; AND THE ROLE OF THE COURTS IS REVIEWED.
Abstract
THE ANCIENT TRADITION OF WIFE BEATING IS TRACED HISTORICALLY, AND THE LACK OF INFORMATION REGARDING MARITAL VIOLENCE IS DECRIED. FOUR EXPLANATIONS OF MARITAL VIOLENCE HAVE BEEN PUT FORTH BY EXPERTS. THE DOMINANT VIEW EMPHASIZES INDIVIDUAL PATHOLOGY AND RECOMMENDS A MEDICAL TREATMENT MODEL. A SECOND VIEW BLAMES FRUSTRATION AND STRESS DUE TO SOCIOCULTURAL FACTORS. A THIRD SEES VIOLENCE AS AN IMPOTENT MALE'S ATTEMPT TO CONTROL HIS WIFE, WHILE THE WOMEN'S LIBERATION MOVEMENT SEES IT AS A MALE-DOMINATED SOCIETY'S ATTEMPT TO CONTROL WOMEN GENERALLY. WHATEVER THE EXPLANATION, ENGLISH COMMON LAW TRADITIONALLY HAS OFFERED LITTLE PROTECTION TO THE BATTERED WIFE. TODAY WIFE BEATING IS A FELONY UNDER ENGLISH LAW, AND A HUSBAND CAN BE PROSECUTED FOR ANY FORM OF ASSAULT WITHIN MARRIAGE EXCEPT RAPE. HOWEVER, WIVES ARE NOT ELIGIBLE TO FILE CLAIMS UNDER THE CRIMINAL INJURIES COMPENSATION BOARD. THE PROBLEM OF NONENFORCEMENT OF THE CRIMINAL LAW IN CASES OF MARITAL VIOLENCE IS EXAMINED IN DETAIL. THE ATTITUDE OF THE POLICE, THE RELUCTANCE OF WIVES TO PROSECUTE, AND THE PROBLEMS DOMESTIC CASES FACE IN COURT ARE EXAMINED. THE CHANGE IN ENGLISH LAW (1962) WHICH ALLOWS SPOUSES TO SUE EACH OTHER IN TORT HAS NOT BEEN WIDELY USED, BUT THERE HAS BEEN INCREASING USE OF NONCOHABITATION CLAUSES BY ABUSED SPOUSES. THE MERITS OF DIVORCE AND INJUNCTIVE RELIEF ARE DEBATED. DIVORCE REQUIRES A STRONG COMMITMENT ON THE PART OF THE BATTERED SPOUSE, WHILE INJUNCTIONS HAVE LEGAL AND ENFORCEMENT PROBLEMS. THESE ARE, HOWEVER, THE TWO BEST REMEDIES UNDER LAW. THE FINAL SECTION URGES SHELTERS FOR BATTERED WIVES, AND A CONCERTED SOCIAL WELFARE AND LEGAL ATTACK ON THE PROBLEM. THERE ARE 306 REFERENCES APPENDED. (GLR)