Domestic Violence
Domestic Violence
Domestic violence can be defined as any domestic partner or interfamilial altercation that involves emotional, psychological, verbal, or physical abuse. The abuse may be sufficient to warrant the involvement of law enforcement officials, but this definition includes acts that are not illegal, such as verbal abuse. There is no crime labeled domestic violence; rather, the crimes committed defined legally as domestic violence include assault, assault and battery, rape, stalking, aggravated assault, and assault with a dangerous/deadly weapon.
Domestic violence affects all socioeconomic, racial, and ethnic categories. The majority of victims are women, but the scope of domestic violence is not limited to women. Adult children and spouses victimize the elderly; children can be physically, psychologically, or sexually abused by parents, relatives, or siblings; gay men and lesbians can perpetrate or be victims of abuse within same-sex relationships; and intimate dating partners can commit assault or rape. The act committed determines the crime, not the relationship between the offender and victim, but the relationship determines if the crime is classified as domestic. The relationship is recognized as domestic if partners are married, unmarried but live together, cohabiting same-sex partners, roommates, and family members. Yet there is no broadly accepted conception of what constitutes a domestic relationship. Because domestic violence generally falls under the jurisdiction of state legislation, the definitions of domestic relationships vary in each state.
PREVALENCE
Law enforcement reports indicate that the most frequent act of domestic violence is the battery of women. Domestic violence is the leading cause of injury and death for women in the United States, and close to two in five women have reported being victims of physical or sexual assault in their lifetimes. In 1999 domestic violence caused 32 percent of the homicides in women (National Coalition Against Domestic Violence [NCADV]). Women between the ages of sixteen and twenty-four experience the highest rate of domestic violence—sixteen of every 1,000 women (NCADV). Seventy percent of the teenage and college age women who report being raped say the assault occurred during the course of a date (NCADV). Child abuse accounts for the leading cause of death in children, usually at the hands of one or both parents. In 2002 approximately 1,400 children died as a result of abuse or neglect, and nearly 900,000 children were found to be victims of abuse or neglect across the United States (National Center for Victims of Crime [NCVC]). Abuse of the elderly is a prevalent form of domestic violence. Neglect is the most common type of this abuse with physical and/or financial exploitation being the goal(s). Women are the majority of the victims; however offenders are equally likely to be male or female.
The national prevalence of elder abuse is difficult to ascertain because there are no nationwide tracking systems for this type of abuse. However data is collected from state agencies to estimate the pervasiveness of elder abuse. Approximately one to two million men and women over the age of sixty-five have been injured or mistreated (National Center on Elder Abuse [NCEA]). And at least one in five incidents of elder abuse occur through financial exploitation, which suggests that there are as many as five million financial exploitation cases annually (NCEA). While abuse within gay and lesbian relationships is still under-researched, researchers are paying more attention to this type of domestic violence. In 2003, for example, lesbian, gay, bisexual, and transgendered individuals reported 6,523 incidents of domestic violence, with men constituting 44 percent of the victims (NCVC).
MODELS OF DOMESTIC VIOLENCE THEORIES
There are a number of approaches to understanding how domestic violence occurs. Because a single answer does not exist, scholars and professionals have created categories, such as psychiatric, social-psychological, and sociocultural, to organize various models of domestic violence theories. The psychiatric model identifies substance abuse, personality disorders, and mental illness as the causes of domestic violence and included in this model are the psychopathology and substance abuse theories. The psychopathological theory stipulates that individuals can suffer from a variety of mental illnesses, which trigger aggressive behavior towards family members and intimate partners. Yet medical professionals have not elaborated on the personality traits that are affiliated specifically with domestic violence acts. The substance abuse theory suggests that drug and/or alcohol use contributes to domestic violence. While these substances do not directly cause violence, they do prompt impaired judgment and lowered inhibitions that can facilitate aggressive and violent behavior.
The social-psychological model looks at external factors that affect family members and intimate partners and includes theories defined as social learning, exchange, frustration-aggression, ecological, and sociobiology/evolutionary. The social learning theory identifies modeling and reinforcement as the two tactics used to learn behavior. An individual models behaviors from those around him or her and these behaviors are then reinforced by the same people. Behaviors can be both violent and nonviolent. This theory does not explain, however, the occurrence of spontaneous aggressive acts.
The exchange theory argues that interactions within the family or between intimate partners are based on a system of rewards and punishments. Violence perpetrated by one individual against another in a domestic setting is done so to realize particular goals as long as it does not offset the aggression. Next the frustration-aggression theory is based on the notion that individuals will exhibit aggressive behavior towards impediments of their goals. If a family member or intimate partner encounters difficulty in achieving a goal because another family member or partner functions as an obstacle, then violence could result. This theory does not take into account the range of cultures and what behaviors are acceptable within these cultures. The ecological theory includes examinations of the domestic environment and the systems in which the family develops. It also specifies that domestic violence occurs when the family is disparate from the community. To prevent violence, services and assistance must be readily available in the immediate community. Finally the sociobiology/evolutionary theory is based on the idea that parents will more often exhibit violence towards children who are not their own. The risk of abuse increases when there is an absence of an emotional bond between parent and child.
The sociocultural model of domestic violence includes theories called, variously, the culture of violence, patriarchy, general systems, social conflict, and resource. The theories consider the societal roles of men and women as well as cultural attitudes towards gender and violence. The culture of violence theory contends that violence is not distributed evenly, but is more prevalent within lower socioeconomic categories. This theory does not account for the various sources by which people learn violent and aggressive behaviors that permeate all subcultures and socioeconomic categories (e.g., the media). The patriarchy theory attempts to explain domestic violence via the patriarchal structure of our culture, namely males dominating society with females in subordinated positions. This structure explains the historical pattern of violence perpetrated by men against women. The general systems theory of domestic violence posits that violence results from the social systems in which the family and intimate partners live. The levels of violence are also sustained by the family system. The social conflict theory examines communications, marriages/partnerships, and large conflicts and suggests that isolation/alienation can create domestic violence. Finally the resource theory contends that the individual who controls resources, like money and property, will assume the dominant position within the domestic setting, and that violence depends on these resources. Possessing a large amount of resources increases the power one has in the family; however, access to those resources also lessens the potential for the actual deployment of violence. Violence is more often perpetrated by an individual with fewer resources and a lower socioeconomic status.
INTIMATE PARTNER VIOLENCE
The majority of victims of intimate partner abuse are women, and they are assaulted by someone who is a former or current spouse, cohabiting partner (opposite or same-sex), date, or boyfriend or girlfriend. When the victim is female, 93.4 percent of the time the offender is male, and when the victim is male, 85.9 percent of the time the perpetrator is male (Gosselin 2000). Studies focusing on the adult male batterer have identified characteristics and personality risk-factors that characterize this type of abuser, but these factors can also be applied to female perpetrators, abusers in gay and lesbian relationships, and elder and child abuse situations. These characteristics, behaviors, and tactics of the offender of intimate partner domestic violence can include controlling behaviors (i.e., attempts to control the victim's time, dress, and behavior), fear and intimidation, manipulation, excessive rule-making, and isolation.
The average male abuser, as revealed through statistics on court appearances and encounters with law enforcement officials, is thirty-two years old (with two-thirds in their mid-twenties), possesses low self-esteem, is frequently jealous and possessive, and is overly dependent on the victim. He often denies responsibility for his actions, blaming others for his behavior, and minimizes the effects of his actions on the victim. Some personality risk-factors in male abusers include an aggressive personality, insecurity, emotional dependence, low empathy, and low impulse control. Also substantial evidence exists linking alcohol and/or drug abuse and the frequency of domestic violence occurrences. Furthermore studies have indicated there is not one single type of male abuser. Three categories of offenders have been identified: family-only, dysphoric or borderline, and antisocial or generally violent (Gosselin 2000). The last type is the most aggressive and is likely to have had a past that includes abuse as a child or a violent family history.
Within heterosexual intimate partner relationships, 6 to 10 percent of the abusers are women (Gosselin 2000, p. 105). In the majority of these cases, women are engaged in self-defending acts, or, in other words, aggressive physical acts to prevent further abuse. Battery in lesbian relationships can occur as often as in heterosexual relationships, and 22 to 46 percent of all lesbians have indicated being in an abusive (physical, emotional, and/or sexual) relationship (Gosselin 2000). Women also have a high rate of being both victims and perpetrators in teen dating relationships. This type of abuse is an epidemic problem, and women often cite their aggression as self-defense.
Finally perpetrators of abuse in gay male relationships share many of the same characteristics identified earlier but also exhibit an unclear understanding of the concept of masculinity. This stems from the systemic homophobia and imposed expectations of masculinity on males. This type of abuse, like abuse within lesbian relationships, has been underreported and under-researched in the past but is currently receiving more attention from the sociological and legal fields.
CHILD ABUSE
The majority of child abuse is perpetrated by the parents (77%) or other relatives (11%) whereas only 2 percent of offenders were from outside of the home (i.e., childcare providers) (Gosselin 2000). Women accounted for 75 percent of the abusers in neglect and medical child abuse cases (Gosselin 2000). Fathers and mothers are equally likely to physically abuse children, and when a parent substitute is involved, the offender is usually the male or the father substitute. This form of domestic abuse is not constituted by a single act of physical violence, deprivation, or molestation. Emotional abuse is included in a broad definition of child abuse but may not be legally prohibited. Emotional abuse can include demanding unrealistic expectations from a child, aggressive or excessive parental behavior, or insisting a child perform beyond his or her abilities. Also child abuse can include sexual abuse, usually perpetrated by a parent, relative, or caretaker, and girls are the most frequent victims of sexual abuse, which often goes unreported.
Research has identified characteristics within the family that can generally contribute to abuse. These factors include family size (the larger the family, the greater risk for abuse), income level, single-parent households, and alcohol and drug abuse. Additionally violence among siblings occurs more often than spousal abuse and parent-child abuse; yet it is also underreported. The child offender is often male and larger than his siblings, and this type of abuse can often manifest similarly to intimate partner abuse (Gosselin 2000).
ELDER ABUSE
In the realm of domestic violence, less information exists on elder abuse than child abuse, for example. Adult children are the most frequent offenders of elder abuse, and men and women are equally likely to be the perpetrators. Sociological and psychological research has identified three categories of elder abuse: stress-precipitated, greed, and intentional harm (Gosselin 2000). The final category is the most dangerous because the offender's intention is to harm whereas the stress-precipitated and greed abusers generally do not intend physical harm. Within legal parameters, seven types of elder abuse have been identified including: financial exploitation; misuse of restraints; neglect and abandonment; physical abuse; emotional abuse; self-endangerment and sexual abuse. While every state does not include each form or uniformly define elder abuse, many laws overlap to cover elder abuse. The National Center on Elder Abuse (NCEA) identifies similar categories but does not include the misuse of restraints and distinguishes neglect and abandonment as separate incidents. The most prevalent form of elder abuse is neglect, which accounts for 55 percent of elder abuse cases (NCEA).
EFFECTS OF DOMESTIC VIOLENCE
There are generally four categories of the types of physical injuries sustained as a result of domestic violence: those that heal and leave no trace; those that leave visible scars; unknown long-term injuries; and long-term catastrophic injuries (Wallace 2002). Some traumatic injuries that can result from domestic violence include gun shot wounds, stab wounds, burns, and head trauma as well as the variety of physical injuries resulting from sexual assault, including the possible transmission of sexually transmitted diseases and/or HIV.
Emotional and psychological responses to domestic violence vary for each individual. A number of factors determine how a victim will respond including the frequency and severity of the abuse and personality of the victim. Mental health professionals have identified three stages in the reaction process to traumatic events: impact; recoil; and reorganization (Wallace 2002). The impact stage occurs directly following the violent event, when victims can feel a sense of shock, vulnerability, and helplessness. The temporal duration of this stage varies but can last a number of days. The recoil stage involves victims beginning to accept the violence they have endured, but they can also experience denial, fear, and anger. The reorganization stage finds victims beginning to release feelings of fear and anger and starting to normalize their lives.
Much attention has been paid to the psychological effects of domestic violence. Some of the psychological responses include borderline personality disorder, post-traumatic stress disorder (of which battered women syndrome is a subcategory), Stockholm Syndrome, and self-inflicted violence (Gosselin 2000). These psychological effects are in addition to the range of physical injuries, both temporary and permanent, that victims endure. Additionally teenage girls who are victims of assault (physical or sexual) are more likely to engage in substance abuse and attempt suicide (NCADV "dating violence"). Women who suffer from violence at the hand of an intimate partner can experience feelings of helplessness, fear, and personal failure as well as the need to consider her financial situation, the pursuit of legal action, and personal security. Victims of assault may confront feelings of anger and fear and may face medical bills, lost work time, and physical injury.
According to scholar Harvey Wallace, the cost of domestic violence for society includes medical and mental health care, victim services, lost workdays, lost school days, lost housework, pain and suffering, loss of enjoyment, death, legal costs, and second-generation costs. He also notes the cost of society's responses to crime, which include fear of crime, funding the criminal justice system, creation of victim service organizations and non-criminal programs, imprisoned offender costs, and justice costs. Moreover tangible losses, such as property damage, medical care, mental health care, and victim services, often surpass the intangible losses, like fatal and non-fatal injuries. It is estimated that intimate partner violence costs $5.8 billion annually, which includes healthcare expenses, lost productivity, and lost earnings.
LEGAL RESPONSES
Domestic violence has traditionally fallen under the jurisdiction of the states. Changes in statutes to address domestic violence crimes have come in the areas of police response, how cases are handled by the judiciary and prosecutors, increasing the availability and deployment of civil orders of protection, and the development of additional educational resources. Every state has adopted reforms to address these concerns, including enacting domestic violence codes, removing barriers to obtaining arrest warrants, and expanding grounds for arrest. Reforms on the state level began by the passage of criminal statutes on domestic violence. Laws also started to include enhanced punishments for domestic violence-related crimes, such as aggravated assault and battery. Police departments nationwide worked to standardize and institute practices for responding specifically to domestic violence crimes and victims, and practices that went beyond the actual arrest. Some of these new practices include arranging social services for victims, providing transportation for victims if necessary, removing dangerous weapons from the crime scene, and ensuring that violators of protective orders are not released prematurely by law enforcement officials. Laws that address how prosecutors and the judiciary handle domestic violence cases frequently offer more prosecutorial options and some mandated judicial action, such as limits on plea bargaining and creating written policies on working up domestic violence cases.
A significant tool in the defense against domestic violence has been the civil order of protection, better known as a restraining order. Protection orders are intended to create distance between offender and victim and provide relief from abuse for the victim. For an order of protection to be granted, an abusive offense must have occurred and the victim must be in imminent physical harm. In all states but Texas and Washington, where it is a felony, the violation of a protection order is a misdemeanor offense. Additionally as part of the reformation process, many states expanded the duration and scope of protection orders as well as increased the punishment for violation of those orders.
While states oversee much of the domestic violence legislation, some federal laws are applicable. Some federal statutes prohibit crossing state lines to commit domestic violence crimes or to violate protection orders. In 1984 the Family Violence Prevention and Services Act was passed to provide funds for victim assistance in the form of local community programs such as shelters and counseling services as well as research projects. Also the Federal Crimes Bill of 1994 included Title IV of the Violence Against Women Act of 1994 (VAWA), which allocated additional resources for the local prosecutions of domestic violence crimes. The VAWA provides for federal penalties for sex crimes and mandatory restitution to victims Additionally the VAWA increased training for law enforcement and judicial personnel and improved the criminal justice response to domestic violence crimes. In 2000 Congress reauthorized the VAWA, and in 2005 the bill was up for reauthorization again and was signed into law in January 2006. The most recent version of the bill requests funds for legal assistance in the amount of $65 million annually as well as the continuation of financial support for the privacy protection of victims. The VAWA also includes cyberstalking in the broad definition of stalking, which facilitates the prosecution of those who stalk using telecommunication tools.
In 1996 Congress enacted anti-stalking legislation that makes it illegal for individuals to cross state lines with the intention of causing the physical harm or harassment of another person; the latest version of the VAWA expands the classification of stalking. Prior to 1990 no state had anti-stalking legislation and all harassment offenses were misdemeanors. In 1993 the National Institute of Justice proposed a model anti-stalking code, and the suggested components included the condition that a specific threat is not necessary if fear is present regardless of intent, and that violation of the statute be considered a felony. Many states adopted some or all of these propositions, but some states did require a finding that an explicit threat be present and that the offender have the means to commit the act. Penalties for stalking offenses vary greatly among the states, ranging from misdemeanor to felony punishments. More recently however states have reevaluated their anti-stalking statutes to take into account a variety of factors, including the use of cyber threats as a means of stalking and the need for psychological evaluations of defendants. Some laws provide for the creation of address confidentiality programs for alleged victims of stalking, and prohibit anyone subject to an order of protection from purchasing firearms or explosive devices.
GETTING HELP
More recently social services for victims of domestic violence have increased dramatically; yet the rate of incidents remains unchanged. According to the NCADV, support comes from a variety of sources, including crisis intervention, emotional support, legal assistance and advocacy, and other services. Crisis intervention can include crisis intervention services, crisis hot lines, shelters or other emergency residential facilities, medical services, transportation networks, and laws that allow either victims or perpetrators to be removed from the home. Emotional support can be found in self-help support groups, assertiveness training, self-esteem and confidence-building sessions, and parenting skills courses. Legal assistance and advocacy can include representation in child custody and property matters, financial support proceedings, applications for protection orders and public assistance benefits, and help with immigration status. Housing and safe accommodations, child care, and access to community services constitute other available support services for victims of domestic violence. The NCADV also suggests victims of domestic violence develop a safety plan that takes into consideration whether the victim is still in the abusive relationship. The organization also offers suggestions for workplace safety, proposes legal guidelines, and proffers tips on internet safety and identity theft protection.
see also Incest; Sex Crimes; Violence.
BIBLIOGRAPHY
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Buzawa, Carl G., and Eve S. Buzawa. 2003. Domestic Violence: The Criminal Justice Response. Thousand Oaks, CA: Sage Publications.
Gosselin, Denise Kindschi. 2000. Heavy Hands: An Introduction to the Crimes of Domestic Violence. Upper Saddle River, NJ: Prentice Hall.
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National Coalition Against Domestic Violence (NCADV). "Dating Violence Facts." Available from http://www.ncadv.org/files/DatingViolence.pdf.
National Coalition Against Domestic Violence (NCADV). "Domestic Violence Facts." Available from http://www.ncadv.org/files/DV_Facts.pdf.
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Violence Against Women Act. Available from http://www.usdoj.gov/ovw/regulations.htm.
Wallace, Harvey. 2002. Family Violence: Legal, Medical and Social Perspectives. Boston: Allyn and Bacon.
Michelle Parke