NCJ Number
66350
Date Published
1980
Length
55 pages
Annotation
DISCUSSION FOCUSES ON THE NATURE AND EXTENT OF SPOUSE ABUSE IN THE U.S. AND THE PROSECUTOR'S RESPONSIBILITIES IN SPOUSE ASSAULT CASES.
Abstract
RARELY AN ISOLATED EPISODE, SPOUSE ASSAULT USUALLY FOLLOWS A PATTERN IN WHICH THE ATTACKS INCREASE IN BOTH SEVERITY AND FREQUENCY IF THEY GO UNCHECKED. ALL TOO OFTEN SUCH SITUATIONS RESULT IN HOMICIDES. STATISTICS SHOW THAT SPOUSE ABUSE IS A WIDESPREAD PROBLEM, ENCOMPASSING ALL PARTS OF THE COUNTRY AND ALL SOCIAL STRATA. MARITAL VIOLENCE WITNESSED BY CHILDREN IS OFTEN CONTINUED BY THESE VERY CHILDREN WHEN THEY REACH ADULTHOOD. ALSO, MARITAL VIOLENCE OFTEN EXTENDS TO CHILD ABUSE, SO THAT WITHIN ONE FAMILY A CYCLE OF VIOLENCE BECOMES PERPETUATED FROM ONE GENERATION TO THE NEXT. IN THIS DISCUSSION, SPOUSE ABUSE IS CONSIDERED EQUIVALENT TO WIFE ABUSE, BECAUSE MOST HOMICIDE VICTIMS OF SPOUSE ABUSE ARE WOMEN. THE LINK BETWEEN ALCOHOL AND ABUSE IS EXAMINED, AS WELL AS THE PSYCHOLOGICAL CHARACTERISTICS OF THE VICTIM. IN DECIDING WHICH CASES OF SPOUSE ABUSE TO PROSECUTE, THE PROSECUTOR SHOULD CONSIDER THE FOLLOWING CRITERIA: PROBABILITY OF CONVICTION, THE VICTIM'S WISHES, THE LIKELIHOOD OF VICTIM COOPERATION, THE VICTIM'S AGREEMENT TO LIVE APART FROM THE ABUSER, THE AVAILABILITY OF ALTERNATIVE PROGRAMS, AND RELATIONSHIP OF THE PARTIES. TO ASSURE VICTIM COOPERATION, CERTAIN MEASURES ARE RECOMMENDED, INCLUDING EXPEDITIOUS HANDLING OF THE CASE THROUGH THE JUDICIAL PROCESS, ESTABLISHMENT OF A VICTIM-WITNESS SUPPORT OR ADVOCATE PROGRAM IN PROSECUTORS' OFFICES, MORE CARE AND SENSITIVITY IN INTERVIEWING THE VICTIM, INITIATION OF TRAINING SESSIONS BY PROSECUTORS TO SENSITIZE THEIR STAFFS TO THE SPECIAL CHARACTERISTICS OF SPOUSE ASSAULT, PROVIDING WRITTEN MATERIAL ABOUT AVAILABLE LEGAL AND NONLEGAL ALTERNATIVES, AND PROTECTION OF VICTIMS PENDING TRIAL. TWO FACTORS IMPORTANT IN OVERCOMING PROOF AND EVIDENTIARY PROBLEMS ARE THE COMPETENCY OF SPOUSES TO STAND TRIAL AND EVIDENCE OF INJURY. DISCUSSION ALSO COVERS EFFECTIVE DISPOSITIONS AVAILABLE UPON PROSECUTION AND EFFECTIVE ALTERNATIVES TO PROSECUTION (CIVIL REMEDIES, DISPUTE RESOLUTION, AND SOCIAL SERVICES). FOOTNOTES OTHER CRIMES. FOOTNOTES AND AN ANNOTATED BIBLIOGRAPHY ARE INCLUDED.