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VICTIMS OF DOMESTIC VIOLENCE AND THE CRIMINAL JUSTICE SYSTEM

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Title: VICTIMS OF DOMESTIC VIOLENCE AND THE CRIMINAL JUSTICE SYSTEM


1
VICTIMS OF DOMESTIC VIOLENCE AND THE CRIMINAL
JUSTICE SYSTEM
2
Definition of Domestic Violence-
  • Misuse of one person over another who is or who
    has been in an intimate per5sonal relationship
  • Her Majestys Inspectorate of Constabulary (1999)
  • The term domestic violence shall be understood
    to mean any violence that occurs between current
    or former partners in an intimate relationship
    wherever and whenever the violence occurs. The
    violence may include physical, sexual, emotional
    or financial abuse (WWW.homeofffice.gov.uk)
    April 1999

3
Can include -
  • Emotional
  • Physical
  • Sexual
  • Psychological
  • Financial
  • Verbal
  • Social

4
HISTORY
  • 1970s- The social rights of victims
  • Closely related to Radical Victimology- hidden
    and marginalized groups
  • Politicization of the DV Victim and therefore
    state protection-
  • 1975 - First public policy
  • 1986 and 1990 Domestic violence must be treated
    the same as any other serious offence.
  • 2003 Domestic Violence Crime and Victims Bill

5
  • However people still reluctant to report and
    police still reluctant to intervene. (29
    reluctant to involve the police BBC 2003)
  • Critical Victimology emphasizes that the state is
    not neutral therefore the victimisation of
    certain groups goes unheard.
  • Mendelsohn and positive victimology and the idea
    of victim culpability (victim blaming)
  • In Relation to Domestic Violence for example-
  • Grace 1995 police still fail to deal with DV
    incidents seriously or sensitively.

6
  • Hoyle (1999) no support once incident is reported
  • Edwards 1989- Police culture patriarchal
  • DV officers - feel their work is marginalized and
    has low status therefore hindering the victims.
  • Also victims may hinder the case- withdrawal of
    statement etc.

7
  • However-
  • Gilchrist and Blisset 2002 emphasized the
    differential treatment and punishment involving
    public and private crime.
  • Explanations for the perpetrators conduct
    discussed more in DV cases than those involved in
    stranger danger(mitigating Circumstances)
  • This again raises the issue of victim blaming
    (critical Victimology)
  • Critical Victimology emphasizes that there must
    be a move away from seeing the victim as culpable
    to analyzing socially constructed political,
    economic and cultural context in which violence
    against women takes place.

8
  • New Initiatives - see video
  • New initiatives from the police service
  • Golden hour
  • Community safety Orders
  • Zero Tolerance campaign
  • New Laws
  • The Protection From Harassment Orders (Stalkers
    Law)
  • The Youth Justice and Criminal Evidence Act 1999
  • The majority of DV offences are tried at the
    Magistrates court
  • Victims Charter states that victims must be
    treated sympathetically

9
  • However what of Male Victims of Domestic
    Violence?
  • Male on male and female on male violence is under
    researched.
  • Stats ( SEE BCS Handout)
  • Why?
  • 1 Masculinity and the reluctance to talk of
    victimisation
  • 2 Accepted notions of vulnerability
  • Therefore some victims are characterized and
    prioritized as vulnerable. (Goodey 2003)
  • Children are particularly seen as vulnerable and
    women (depending upon character can also be seen
    as vulnerable)

10
GAY AND LESBIAN DOMESTIC VIOLENCETHE STATISTICS
  • Merrill and Wolfe (2000)
  • Gay Victims
  • 79 Physical
  • 60 Bruises
  • 23Head Injuries and concussion
  • 13 forced Sex to Infect with AIDS

11
ANOTHER CLOSET _at_ http//ssdv.acon.org.au/
  • If the abusive partner does not have a chronic
    illness (eg is HIV negative) they may
  • Threaten to, or actually, disclose their
    partners health status to friends,family or
    colleagues.
  • Withhold medication, treatments or access to
    other medical services.
  • Threaten to cut off support or to leave.
  • Verbally abuse their partner by saying they are
    diseased, sick, unclean or other inappropriate
    comments about their illness, or otherwise
    undermine their partners confidence.
  • If the abusive partner does have a chronic
    illness (eg is HIV positive) they may
  • Use guilt or other psychological abuse to
    manipulate their partner.
  • Refuse to take medication or seek medical
    services.
  • Use their illness to manipulate services, eg
    saying Im weak and sick, howcould I control
    him/her?.
  • Where relevant, threaten to, or actually, infect
    their partner to preventthem leaving.

12
Invisibility of Gay Victims
  • 1980s -1990s homophobic society
  • AIDS Crisis- hate , fear and the negative
    attention.
  • Uncovering level of D/V in Relationships
  • 1 Discrimination
  • 2 Many Studies dont Only Focus on those in
    relationships
  • Definition of D/V

13
  • Critics of the Homosexual community often use
    higher rates of abuse as proof of dysfunctional
    life.
  • But more ways that they can be abused eg threats
    to out the victims to family, friends
  • http//www.rainbowdomesticviolence.itgo.com/

14
Unique Aspects of Same Sex Domestic Violence
  • THREAT OF OUTING
  • ABUSE ASSOPCIATED WITH SEXUALITY
  • NOT UNDERSTOOD BY THE COMMUNITY
  • ISOLATION WITHIN THE GAY COMMUNITY
  • LACK OF SERVICES EQUIPPED FOR DEALING WITH SAME
    SEX VIOLENCE

15
DOMESTIC VIOLENCE IN LESBIAN RELATIONSHIPS.
  • INTIMATE BETRAYAL ELLYN KASHNAK 2002
  • LESBIANS AND DOMESTIC VIOLENCE
  • MINORITY STRESS
  • EMOTIONAL ISOLATION
  • LACK OF COMMUNITY TIES
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