Child Abuse And Domestic Violence (Information Plus Reference Series)

186 Pages·2007·2.61 MB·English

by  Melissa J. Doak

CHILD ABUSE
AND DOMESTIC
VIOLENCE
1
ISSN1935-1216
CHILD ABUSE
AND DOMESTIC
VIOLENCE
Melissa J. Doak
INFORMATION PLUS(cid:2) REFERENCE SERIES
Formerly Published by Information Plus, Wylie, Texas
3
ChildAbuseandDomesticViolence
MelissaJ.Doak
PaulaKepos,SeriesEditor
ProjectEditor CompositionandElectronicPrepress Manufacturing
JohnMcCoy EviSeoud CyndeBishop
Permissions
LisaKincade,JackieJones,ListaPerson
ª2007ThomsonGale,apartofTheThomson recording,taping,Webdistribution,or Coverphoto:Girlcoweringonfloor,holding
Corporation. informationstorageretrievalsystems— hercheek,photograph.RoyMorsch/Corbis.
withoutthewrittenpermissionofthe Reproducedbypermission.
ThomsonandStarlogosaretrademarksand publisher.
Galeisaregisteredtrademarkusedherein Whileeveryefforthasbeenmadetoensure
underlicense. Forpermissiontousematerialfromthis thereliabilityoftheinformationpresentedin
product,submityourrequestviaWebathttp:// thispublication,ThomsonGaledoesnot
Formoreinformation,contact www.gale-edit.com/permissions,oryoumay guaranteetheaccuracyofthedatacontained
ThomsonGale downloadourPermissionsrequestformand herein.ThomsonGaleacceptsnopaymentfor
27500DrakeRd. submityourrequestbyfaxormailto: listing;andinclusioninthepublicationofany
FarmingtonHills,MI 48331-3535 organization,agency,institution,publication,
OryoucanvisitourInternetsiteathttp:// PermissionsDepartment service,orindividualdoesnotimply
www.gale.com ThomsonGale endorsementoftheeditorsorpublisher.Errors
27500DrakeRd.
broughttotheattentionofthepublisherand
ALLRIGHTSRESERVED FarmingtonHills,MI 48331-3535
verifiedtothesatisfactionofthepublisherwill
Nopartofthisworkcoveredbythecopyright PermissionsHotline:248-699-8006or800-877-
becorrectedinfutureeditions.
hereonmaybereproducedorusedinanyform 4253,ext.8006
orbyanymeans—graphic,electronic,or Fax:[phone]or800-762-4058
mechanical,includingphotocopying,
ISBN-13:978-0-7876-5103-9(set)
ISBN-10:0-7876-5103-6(set)
ISBN-13:978-1-4144-0745-6
ISBN-10:1-4144-0745-9
ISSN:1935-1216
Thistitleisalsoavailableasane-book.
ISBN-13:978-1-4144-2868-0(set),ISBN-10:1-4144-2868-5(set)
ContactyourThomsonGalesalesrepresentativefororderinginformation.
PrintedintheUnitedStatesofAmerica
10987654321
TABLE OF CONTENTS
P RE F A CE . . . . . . . . . . . . . . . . . . . . . . . . . . . vii CHA P TE R 6
The Prevalence of Domestic Violence. . . . . . . . . . . . 97
CH AP TE R 1
Estimates of how much domestic violence occurs are examined
Defining Child Abuse and Domestic Violence. . . . . . . 1
here,usingtheNationalFamilyViolenceSurvey,NationalFam-
Thischapterdescribeswhatconstitutesdomesticviolenceandchild ilyViolenceResurvey,NationalCrimeVictimizationSurveys,and
abuse. It includes historical definitions of both forms of family National Violence against Women Survey. The chapter also dis-
violence,considerationofminoritypopulations(suchasimmigrant cusseswhendomesticviolenceendsinhomicide.
women,gaymenandlesbians,anddisabledchildren),andservices
availabletohelpbothbatteredwomenandabusedchildren.
CHA P TE R 7
Causes, Effects, and Prevention of Domestic
CH AP TE R 2 Violence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
Detecting, Measuring, and Preventing Child Abuse . . 15
This chapter describes several sociological theories about the
Thischapterexaminesdifferentwaysofdetectingandmeasuring causesofdomesticviolence.Italsoexaminestheroleofsubstance
childabuse,aswellasthefindingsofvariousstudiesdesignedto abuse,beingvictimizedasachild,theimpactofageondomestic
measuretheincidenceandprevalenceofabuseinAmericansoci- violence, and signs of potential violence. The question of why
ety. It discusses, as well, mandatory reporting laws and reasons someone would stay in a violent relationship is discussed, as are
whypeoplefailtoreportsuspectedchildmaltreatment.Lastly,it potentialwaystopreventdomesticviolence.
discusses how child protective services handles a report of child
maltreatment.
CHA P TE R 8
Rape and Stalking . . . . . . . . . . . . . . . . . . . . . . . .129
CH AP TE R 3
Thischapter examines theincidence, causes, and attitudes about
Causes and Effects of Child Abuse . . . . . . . . . . . . . 43
rapebyspouses,dates,andacquaintances.Italsodescribesstalk-
Thischapterexaminescontributingfactorstochildabuse,including ing,withspecialattentiontothedecreasedbarrierstostalkingon
factors that put mothers, fathers, and other caregivers at risk for theInternet.
abusing children. It discusses the consequences of childhood mal-
treatment.Lastly,itexaminesthedebateovercorporalpunishment.
CHA P TE R 9
Domestic Violence, Law Enforcement, and Court
CH AP TE R 4 Responses to Domestic Violence. . . . . . . . . . . . . . .147
Child Sexual Abuse . . . . . . . . . . . . . . . . . . . . . . . 61
The criminal justice system’s attitude toward spousal abuse has
Thesexualabuseofchildrenisthemosttroublingofallformsof improved dramatically since the 1980s; some of the results are
childabuse.Aswithothertypesofabuse,sexualabusehasshort- discussed here. Factors involved in reporting and prosecuting
term and long-term effects. The extent of abuse by different casesofdomesticabuse,thepoliceresponsetodomesticviolence
perpetratorsisexamined. calls, and the effectiveness of arrest and protective orders in
deterring future assaults are considered. Also discussed is key
domestic violence legislation, with a summary of some of the
CH AP TE R 5
importantlegalcasesthathavehelpedtodefinejudicialresponsi-
Child Abuse and the Law . . . . . . . . . . . . . . . . . . . 85
bilityandhaveinfluencedpoliciesandpracticestoprotectabuse
Child abuse cases present many problems to the legal system, victims.
leadingtoanumberofinnovationsandspecialprocedures,which
areoutlinedhere.Alsodiscussedarethelegalissuessurrounding
falseaccusationsofchildabuse,lawsagainstchildpornography, IMPORTANT NAMES AND ADDRESSES . .167
the registration of sex offenders, pregnant women and drug-
RE SOU RC ES . . . . . . . . . . . . . . . . . . . . . . . .169
exposed infants, the legal loophole of incest exception, and the
statuteoflimitations. I N D E X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171
ChildAbuseandDomesticViolence v
PREFACE
Child Abuse and Domestic Violence is part of the content.Eachbookalsopresentsthewidelyheldpositions
Information Plus Reference Series. It updates and replaces and important ideas that shape how the book’s subject is
two earlier titles in the series: Child Abuse: Betraying a discussed in the United States. These positions are
Trust and Violent Relationships: Battering and Abuse explained in detail and, where possible, in the words of
among Adults. The purpose of each volume of the series thosewho support them. Some ofthe othermaterial to be
is to present the latest facts on a topic of pressing concern found in these books includes: historical background;
in modern American life. These topics include today’s descriptions of major events related to the subject; rele-
mostcontroversialandmoststudiedsocialissues:abortion, vant laws and court cases; and examples of how these
capitalpunishment,carefortheelderly,childabuse,crime, issues play out in American life. Some booksalso feature
health care, the environment, immigration, minorities, primary documents, or have pro and con debate sections
social welfare, women, youth, and many more. Although givingthewordsandopinionsofprominentAmericanson
written especially for the high school and undergraduate both sides of a controversial topic. All material is pre-
student, this series is an excellent resource for anyone in sented in an even-handed and unbiased manner; the
need of factual information on current affairs. reader will never be encouraged to accept one view of
an issue over another.
Bypresentingthefacts,itisThomsonGale’sintention
toprovideitsreaderswitheverythingtheyneedtoreachan
informed opinion on current issues. To that end, there is a HOW TO USE THIS BOOK
particular emphasis in this series on the presentation of Tragically,every yearmillionsof American adults are
scientific studies, surveys, and statistics. These data are subjectedtophysical,sexual,verbal,oremotionalabuseby
generally presented in the form of tables, charts, and other their intimate partners. Perhaps even more disturbingly,
graphicsplacedwithinthetextofeachbook.Everygraphic millions of children suffer from such abuse at the hands
is directly referred to and carefully explained in the text. of the people who are supposed to care for them. Many
The source of each graphic ispresented within the graphic more have their basic needs neglected. This volume pro-
itself. The data used in these graphics are drawn from the vides the best information available on the prevalence,
most reputable and reliable sources, in particular from the causes, and devastating consequences of this intimate vio-
various branches of the U.S. government and from major lence. The challenges that domestic violence and child
independent polling organizations. Every effort was made abuse pose to the legal system are also covered in detail.
tosecurethemostrecentinformationavailable.Thereader
Child Abuse and Domestic Violence consists of nine
should bear in mind that many major studies take years to
chapters and three appendixes. Each chapter covers an
conduct and that additional years often pass before the
aspect of the problems of child abuse and domestic vio-
data from these studies are made available to the public.
lence in the United States. For a summary of the informa-
Therefore, in many cases the most recent information
tion covered in each chapter, please see the synopses
availablein2007datedfrom2004or2005.Olderstatistics
provided in the Table of Contents at the front of the book.
are sometimes presented as well, if they are of particular
Chapters generally begin with an overview of the basic
interest and no more-recent information exists.
facts and background information on the chapter’s topic,
Although statistics are a major focus of the Informa- then proceed to examine subtopics of particular interest.
tion Plus Reference Series, they are by no means its only For example, Chapter 1: Defining Child Abuse and
ChildAbuseandDomesticViolence vii
Domestic Violence begins by explaining how the modern Appendixes
definitionofdomesticviolencehasevolved.Thisisbacked In addition to the main body text and images, Child
up by a history of how intimate abuse has been dealt with Abuse and Domestic Violence has three appendixes. The
by society. Care is given to explaining how the problem firstistheImportantNamesandAddressesdirectory.Here
goes beyond purely physical attacks to include mental and the reader will find contact information for a number of
emotional abuse. The existence of intimate abusein same- organizations that study child abuse and domestic vio-
sex relationships and the special risks faced by immigrant lence,fight thesecrimes,oradvocateinfluentialpositions
women are highlighted. Next the chapter moves on to the on these issues. The second appendix is the Resources
issue of child abuse. Legal definitions of child abuse are
section, which is provided to assist the reader in conduct-
provided. Characteristic signs of child abuse are explored
ing his or her own research. In thissection the author and
next. This is followed by several sections on laws, regula-
editors of Child Abuse and Domestic Violence describe
tions, and government services designed to protect chil-
some of the sources that were most useful during the
dren.Thechapterconcludeswithasectionhighlightingthe
compilationofthisbook.Thefinalappendixisthisbook’s
high-profile controversy of child abuse in religious set-
Index.
tings. Readers can find their way through a chapter by
looking for the section and subsection headings, which
are clearly set off from the text. Or, they can refer to the ADVISORY BOARD CONTRIBUTIONS
book’sextensiveIndex,iftheyalreadyknowwhattheyare The staff of Information Plus would like to extend its
looking for. heartfelt appreciation to the Information Plus Advisory
Board. This dedicated group of media professionals pro-
Statistical Information vides feedback on the series on an ongoing basis. Their
ThetablesandfiguresfeaturedthroughoutChildAbuse comments allow the editorial staff who work on the
and Domestic Violence will be of particular use to the project to make the series better and more user-friendly.
reader in learning about these issues. These tables and Our top priorities are to produce the highest-quality and
figures representanextensive collectionof themostrecent most useful books possible, and the Advisory Board’s
and important statistics on child abuse and domestic vio- contributions to this process are invaluable.
lence. For example, graphics include statistics on the pre-
ThemembersoftheInformationPlusAdvisoryBoard
valence of child maltreatment and on the relationship
are:
between childhood victimization and later criminality.
Theyalsocoverthelinkbetweenalcoholusageanddomes- (cid:129) KathleenR.Bonn,Librarian,NewburyParkHighSchool,
tic violenceand the effectivenessof mandatoryarrestpoli- NewburyPark,California
cies in preventing additional domestic violence. Thomson (cid:129) Madelyn Garner, Librarian, San Jacinto College—
Gale believes that making this information available to the North Campus, Houston, Texas
reader is the most important way in which we fulfill the (cid:129) Anne Oxenrider, Media Specialist, Dundee High
goalofthisbook:tohelpreadersunderstandtheissuesand School, Dundee, Michigan
controversies surrounding child abuse in the United States (cid:129) Charles R. Rodgers, Director of Libraries, Pasco-
and reach their own conclusions about them. Hernando Community College, Dade City, Florida
(cid:129) James N. Zitzelsberger, Library Media Department
Each table or figure has a unique identifier appearing
Chairman, Oshkosh West High School, Oshkosh,
aboveitforeaseofidentificationandreference.Titlesfor
Wisconsin
the tables and figures explain their purpose.At the end of
each table or figure, the original source of the data is
provided. COMMENTS AND SUGGESTIONS
The editors of the Information Plus Reference Series
In order to help readers understand these often com-
welcome your feedback on Child Abuse and Domestic
plicated statistics, all tables and figures are explained in
Violence. Please direct all correspondence to:
the text. References in the text direct the reader to the
relevant statistics. Furthermore, the contents of all tables Editors
and figures are fully indexed. Please see the opening Information Plus Reference Series
section of the Index at the back of this volume for a 27500 Drake Rd.
description of how to find tables and figures within it. Farmington Hills, MI, 48331-3535
viii Preface ChildAbuseandDomesticViolence
CHAPTER 1
DEFINING CHILD ABUSE AND DOMESTIC VIOLENCE
DOMESTIC VIOLENCE Family Violence Resurvey, Murray A. Straus and
‘‘Violence against women’’ means any act of gender- Richard J. Gelles define spousal violence in specific
based violence that results in, or is likely to result in, actions, known as the Conflict Tactics Scale. That scale
physical, sexual or psychological harm or suffering to is now the measure most widely used to estimate the
women, including threats of such acts, coercion or extent of spousal abuse. According to the scale, a spouse
arbitrary deprivation of liberty, whether occurring in
can be considered abusive if he or she:
public or in privatelife.
(cid:129) Throws something at a partner
—UNDeclarationontheEliminationofViolenceagainstWomen
(December 1993, http://www.unhchr.ch/huridocda/huridoca.nsf/ (cid:129) Pushes, grabs, or shoves
(Symbol)/A.RES.48.104.En?Opendocument)
The UN Populations Fund, in its report State of the (cid:129) Slaps
WorldPopulation2005:ThePromiseofEquality:Gender (cid:129) Kicks, bites, or hits the partner with a fist
Equity,ReproductiveHealthandtheMillenniumDevelop-
(cid:129) Hits or tries to hit the partner with an object
ment Goals (2005, http://www.unfpa.org/swp/2005/pdf/
en_swp05.pdf), states that ‘‘violence against women has (cid:129) Beats up the partner
long been shrouded in a culture of silence.’’ Sometimes,
(cid:129) Threatens the partner with a knife or a gun
womenaswellasmenacceptgenderviolenceasanormal
aspectofrelationshipsbetweenmenandwomen.Forthese (cid:129) Uses a knife or fires a gun at the partner
reasons,reliablestatisticsaboutviolenceagainstwomenof
Today, a broader interpretation is accepted, and
allkinds,includingdomesticviolence,arehardtocomeby.
abuse is understood to include sexual and psychological
However,thereportstatesthatworldwideanestimatedone
actions and harm, such as marital rape and forced
out of three women will be beaten, coerced into sex, or
isolation. Richard J. Gelles notes in ‘‘Estimating the
otherwiseabusedintheirlifetime,usuallybyamemberof
Incidence and Prevalence of Violence against Women:
theirownfamilyoranacquaintance.Clearly,manywomen
National Data Systems and Sources’’ (Violence against
sufferas aresultofongoingdomesticviolence.
Women, July 2000) that feminist scholars and advocates
So what is domestic abuse? Early definitions focused have expanded the definition to encompass issues of
exclusivelyonphysicalassaultandbodilyinjury.Forexam- intent,control,andpower,andconceptualizetheproblem
ple,theColoradoAdvisoryCommitteetotheU.S.Commis- of violence against women as ‘‘coercive control.’’ The
siononCivilRightsofferedthisdefinitionofabatteredwife National Coalition against Domestic Violence (2006,
inTheSilentVictims:Denver’sBatteredWomen(1977):‘‘A http://www.ncadv.org/) defines battering as a pattern of
woman who has received deliberate, severe and repeated behavior through which a person establishes power and
physicalinjuryfromherhusband,theminimalinjurybeing control over another person by means of fear and intim-
severebruising.’’Thisdefinitionexcludedactssuchaspush- idation. The incorrect belief that abusers are entitled to
ing, slapping, pinching, or other violent acts perpetrated by controltheirpartnersisaprimarycauseofaggressionand
husbandsontheirwivesthatproducednoorminimalbruis- abuse, according to the coalition.
ing,aswellasthreatsofviolence.
The National Coalition against Domestic Violence
In their groundbreaking work based on their 1975 also describes battering as emotional, economic, and
National Family Violence Survey and 1985 National sexual abuse, as well as using threats, male privilege,
ChildAbuseandDomesticViolence 1
isolation, and various other strategies, including the TABLE1.1
involvement of the children of those being battered, to
Definitions of the term “violence against women” from around the
maintain power through fear and intimidation. The
world
organization argues it is important to view all these
behaviors as battering to understand how verbal threats,
Behavior by the man, adopted to control his victim, which results in physical, sexual
asingleslap,oraninsultcanescalatetoalife-threatening and/or psychological damage, forced isolation, or economic deprivation or behavior
situation. which leaves a woman living in fear. (Australia, 1991)
Any act involving use of force or coercion with an intent of perpetuating/promoting
An international examination of violence by Etienne hierarchical gender relations. (Asia Pacific Forum on Women, Law and Development,
1990)
G. Krug et al., in a World Health Organization publica-
Any act of gender-based violence that results in, or is likely to result in, physical, sexual
tion titled World Report on Violence and Health (2002, or psychological harm or suffering to women, including threats of such acts, coercion or
arbitrary deprivations of liberty, whether occurring in public or private life. Violence
http://www.who.int/violence_injury_prevention/violence/
against women shall be understood to encompass but not be limited to:
world_report/en/full_en.pdf),alsodefinesdomesticabuse
Physical, sexual and psychological violence occurring in the family and in the community,
in terms broad enough to include the wide variety of including battering, sexual abuse of female children, dowry-related violence, marital rape,
female genital mutilation and other traditional practices harmful to women, non-spousal
abuses that occur throughout the world. Krug et al. note
violence, violence related to exploitation, sexual harassment and intimidation at work, in
that ‘‘the overwhelming burden of partner violence is educational institutions and elsewhere, trafficking in women, forced prostitution, and
violence perpetrated or condoned by the State. (UN Declaration against Violence against
borne by women at the hands of men,’’ although women
Women)
can also be violent toward men and violence is also Any act, omission or conduct by means of which physical, sexual or mental suffering
sometimes found in same-sex relationships. They define is inflicted, directly or indirectly, through deceit, seduction, threat, coercion or any
other means, on any woman with the purpose or effect of intimidating, punishing or
intimate partner violence as any behavior that causes humiliating her or of maintaining her in sex-stereotyped roles or of denying her human
physical, psychological, or sexual harm, including physi- dignity, sexual self-determination, physical, mental and moral integrity or of undermining
the security of her person, her self-respect or her personality, or of diminishing her
cally aggressive acts, such as slapping, hitting, kicking, physical or mental capacities. (Draft Pan American Treaty against Violence against
or beating;psychologicalabuse, such asintimidationand Women)
belittling; forced sexual activity or intercourse; and var- Any act or omission which prejudices the life, the physical or psychological integrity
or the liberty of a person or which seriously harms the development of his or her
ious controlling behaviors, including isolating a partner personality. (Council of Europe, 1986)
from friends and family and restricting the partner’s SOURCE: Lori L. Heise, Adrienne Germain, and Jacqueline Pitanguy,
access to outside information or assistance from others. “Appendix Box B1. Definitions of Violence against Women,” in Violence
against Women: The Hidden Health Burden, World Bank, 1994, http://www
Table 1.1 shows definitions of violence against women
.iwhc.org/resources/vawhiddenburden.cfm (accessed August 25, 2006)
developed by different organizations around the world.
InViolenceagainstWomen:TheHiddenHealthBurden
(1994, http://www.iwhc.org/resources/vawhiddenburden.
thewidelyacceptedbeliefinmalesuperioritythatinturn
cfm), Lori L. Heise, Adrienne Germain, and Jacqueline
formed the basis for women’s subordination. This belief
Pitanguy caution against using the overly broad defini-
in men’s domination over women, which was often sup-
tions of abuse proposed by some organizations, which
ported by economic, social, cultural, and religious insti-
encompass gender inequalities such as unequal pay or
tutions, made it acceptable for men to use violence as a
lack of access to contraception or other health care
way to control women. As the UN Declaration on the
services. They term such inequalities discrimination,
Elimination of Violence against Women states:
rather than abuse. Abuse against women, according to
Violence against women is a manifestation of histori-
their study, is verbal or physical force, coercion, or
cally unequal power relations between men and
deprivation directed against a woman or girl that causes
women, which have led to domination over and dis-
physical or psychological harm, humiliation, loss of lib-
crimination against women by men and to the preven-
erty, or other female subordination.
tion of the full advancement of women. . . . Violence
againstwomenisoneofthecrucialsocialmechanisms
Historical Recognition of the Problem bywhichwomenareforcedintoasubordinateposition
compared with men.
Societal recognition of domestic violence as a prob-
lem is a recent historical development. Domestic vio- In fact, U.S. law supported a man’s right to control
lence has existed in almost all societies throughout his- his wife by force until the end of the late nineteenth
tory. Vivian C. Fox notes in ‘‘Historical Perspectives on century. In a landmark Alabama case in 1871, a court
Violence against Women’’ (Journal of International found that a husband did not have the right to physically
Women’s Studies, November 2002) that its origin can be abusehiswife,even‘‘moderately’’orwith‘‘restraint.’’In
traced back centuries to the development of patriarchal the case, Fulgham v. State, the court ruled that a married
and hierarchical systems of authority in which males woman deserved protection under the law. The ruling
controlled all property. In such systems women and stated:
children were often considered to be the property of Arodwhichmaybedrawnthroughtheweddingringis
men. The growth of male-oriented societies promoted not now deemed necessary to teach the wife her duty
2 DefiningChildAbuseandDomesticViolence ChildAbuseandDomesticViolence
andsubjectiontothehusband.Thehusbandistherefore Assault in this context was viewed as an inappropriate
notjustifiedorallowedbylawtousesuchaweapon,or expression of emotions; wives and husbands needed to
any other, for her moderate correction. The wife is not learn how to express emotions in different ways.
to be considered as the husband’s slave. And the priv-
ilege, ancient though it be, to beat her with a stick, to Therulingofa1962landmarkcasechangedthelegal
pull her hair, choke her, spit in her face or kick her consequencesofphysicalabuseofaspouse.InSelfv.Self
aboutthefloor,ortoinflictuponherlikeindignities,is the California Supreme Court agreedwith earlier rulings,
not now acknowledged by our law. stating that a spouse’s right to sue would ‘‘destroy the
peace and harmony of the house.’’ Despite that finding,
Also in 1871, the Massachusetts Supreme Court
the court observed that this outdated assumption was
rejected a husband’s manslaughter defense that he had a
based‘‘onthebaldtheorythatafterahusbandhasbeaten
right to chastise his wife for drunkenness. He had hit his
his wife there is a state of peace and harmony left to be
inebriated wife several times on the cheek and temple;
disturbed.’’ Therefore, ‘‘one spouse may maintain an
she had fallen as a result, hit her head, and died. In this
action against the other’’ for physical abuse.
case, Commonwealth v. McAfee, the Massachusetts
Supreme Court announced that ‘‘beating or striking a Despite the ruling enabling victims to seek legal
wife violently with the open hand is not one of the rights recourse, by 1965 there had been little change. Jurisdic-
conferred on a husband by the marriage, even if the wife tionsthroughouttheUnitedStatesignoredthecomplaints
be drunk or insolent.’’ of battered women. For example, in Washington, D.C.,
accordingtopolicerecords,seventy-fourhundredwomen
Although the Alabama and Massachusetts cases
filed official complaints that year but just two hundred
declared husbands did not have the right to physically
arrest warrants were issued.
chastise their wives, no criminal penalties were yet
attached to physical abuse. In fact, in a case three years
Social and Legal Recognition of Domestic Violence
earlier, State v. Rhodes, the North Carolina Supreme
Public perception and handling of domestic violence
Court declared that although a husband’s whipping of
begantochangesignificantlyinthe1970s.Theconsciousness-
his wife ‘‘would without question have constituted a
raisinggroupsthatemergedduringtheriseofU.S.feminismin
battery if the subject of it had not been the defendant’s
the1960sand1970sprovidedsmallgroupsofwomenaplace
wife,’’ it refused to convict him of assault and battery,
to discuss their problems. Their analysis of personal prob-
rulingthatifdomesticassaultswereprosecuted,‘‘theevil
lems—includingdomesticviolence—allowedthemtounder-
ofpublicitywouldbegreaterthantheevilinvolvedinthe
standwomen’scollectiveoppression.Thisbecamethebasis
trifles complained of.’’
forfeministcollectiveaction.
Although Maryland enacted a law in 1882 that pun-
Efforts to aid battered women arose out of this fem-
ishedwifebeaterswithfortylasheswithawhiporayear
inist consciousness. The first battered women’s shelter
in jail, even in the early twentieth century courts still
was founded in 1971 by Erin Pizzey in London. Pizzey,
refused to convict wife batterers. In 1910 the U.S.
the recognized founder of the modern women’s shelter
Supreme Court ruled in Thompson v. Thompson that a
movement, wrote the first book to be published on
wife had no cause for action on an assault and battery
domesticviolence,ScreamQuietly,ortheNeighborsWill
charge against her husband because it ‘‘would . . . open
Hear,in1974.AuthorsintheUnitedStatesfollowedsuit.
the doors of the courts to accusations of all sorts of one
In 1975 Susan Brownmiller’s Against Our Will: Men,
spouse against the other, and bring into public notice
Women, and Rape, a book about the politics and sociol-
complaints for assault, slander, and libel.’’
ogy of rape, was published, and in 1976 Del Martin’s
book Battered Wives appeared, focusing specifically on
Thus, although court decisions affirmed that a hus-
violence within marriage functioning as part of male
band could no longer legally beat his wife, in almost all
dominance of women.
cases a battered wife in the early twentieth century still
had no legal recourse against her husband. Any criminal In 1973 the first battered women’s shelter in the
proceedings against a wife batterer had to be initiated by United States opened in St. Paul, Minnesota. By 1976
the state; women could not sue their husbands. Instead, there were four hundred programs for battered women
the criminal justice system set up a separate court sys- operating in the United States. EMERGE, the first
tem—the family court—to deal with domestic com- treatment program for male offenders, opened in Boston,
plaints. According to Reva B. Siegel in ‘‘‘The Rule of Massachusetts, in 1977, and the following year many
Love’: Wife Beating as Prerogative and Privacy’’ (Yale states enacted laws to protect victims of domestic
LawJournal,June1996),thisactdecriminalizedphysical violence. More than a decade later, in 1988, the U.S.
abuse of women. Rather than punishing wife beaters, surgeon general declared domestic abuse the leading
judges and social workers urged couples to reconcile health hazard to women in the United States.
and provided counseling designed to prevent divorce. According to ‘‘Women/Children Fleeing Abuse’’ (2002,
ChildAbuseandDomesticViolence DefiningChildAbuseandDomesticViolence 3