The crime of domestic violence, as defined by the Center for Family Justice, is a pattern of controlling, coercive behavior that may or may not include physical violence, verbal, emotional, sexual, or financial abuse and results in the victim being under the complete control of the abuser. This crime has been around since the beginning of people cohabiting and deciding to live their lives together. It was just not considered illegal. From the time before the Middle Ages (753 B.C. to the 1300s), it was considered an obligation of the husband to castigate his wife and children if needed. This was a customary practice so much so that it was written in the rules of marriage: "Rules of Marriage... When you see our wife commit an offense... scold her sharply, bully and terrify her. If this donât workâŚtake up a stick and beat her soundly, for it is better to punish the body and correct the soul than to damage the soul and spare the body." (Marshall & Baron, 2023) The 1500s were known as the "Golden Age of the Rod" in England, and it was considered normal for the wives and children to be taught that the head of the household came before everyone and must be obeyed, and if they failed, they would be beaten. Later, it was accepted by the common law that women would be beaten by their husbands and that it would be legal only if the rod were not thicker than his thumb, known as "the rule of thumb" (Marshall & Baron, 2023)
It was not until 1829 that the husbandâs right to beat his wife was completely abolished in England. In 1871, there was the first state, Alabama, that finally took away the rights of husbands to beat their wives. Massachusetts was next to follow. In 1874, North Carolinaâs Supreme Court made it illegal for a man to chastise his wife, yet followed it with, "If no permanent injury has been inflicted, nor malice, cruelty, nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive." (Marshall & Baron, 2023) In 1882, Maryland became the first state to make it illegal for a husband to beat his wife. The difference between Alabama in 1871 and Maryland in 1882 was that in Alabama, it took away the right for a husband to beat his wife, and in Maryland in 1882, it was finally made illegal.
California law established penal code 242, 243.e), and 243.4 as the battery against a spouse or someone who cohabitates with the defendant or used to cohabitate with him. A conviction under this law is a misdemeanor and can be punished with up to a year in county jail and a fine of no more than $2000. The offender must also complete a battererâs treatment program. (California Legislative Information, 2016) This is what is known as domestic battery, and the victim does not need to be injured.
Another domestic violence law that is considered more serious is "Penal Code 273.5, Corporal Injury to a spouse or cohabitant." (California Legislative Information, 2016b). This requires a physical injury in some way to have occurred. This is a felony and can have a punishment of either two, three, or four years in the state prison system and or a fine of $6000. This also states that if the offender has a prior conviction less than seven years ago, the fine increases from $6,000 to $10,000. (California Legislative Information, 2016b)
For the offender to be guilty of these crimes, the prosecution must prove the elements of the crime:
1. "The defendant touched the victim." (myadmin, 2018)
2. "The victim was a "protected person" under 243(e)(1)." (myadmin, 2018)
3. "The touching was harmful or offensive; and" (myadmin, 2018)
4. "When the defendant touched the victim, the defendant was acting willfully." (myadmin, 2018)
"Willfully" is defined as on purpose; willingly. "Harmful or offensive" is defined as physical force applied to the victim that causes pain or a physical injury. "Note that the slightest touching can be enough to commit this offense if it is done in a rude or angry way" (myadmin, 2018) The protected person is anyone who is or has been in an intimate relationship with the offender. A spouse, fiancĂŠ, boyfriend/girlfriend, cohabiting parent of their children, and can be either a same-sex relationship or a heterosexual relationship.
In the last decade, domestic violence has been more commonly referred to as intimate partner violence. It has been prevalent in the media in the last few years due to Johnny Depp and the allegations that were made against him. Watching the trial on television, the evidence that became known showed that domestic violence is not a "wife-beating" crime anymore. The male population of victims of intimate partner violence is higher than people imagine. According to the Office for National Statistics, male victims of domestic violence make up about one third of the total number of domestic violence victims. In 2020, 1.6 million women and 757,000 men reported being abused. (Pirret, 2022).
The effects of this type of crime are long-lasting and can take on several forms. The main priority is to ensure the victim has been removed from the situation and is in a safe environment. The challenge many family members face when a loved one is a victim of domestic abuse is getting them away from their abuser and keeping them away. The victim of domestic violence is not a victim of a one-time occurrence. The abuse is gradual and then can escalate to the point of death in some cases. By the time the family becomes aware of the abuse, it has already been going on for some time. Getting the victim help after they leave their abuser is imperative but may be hard to do. It may be hard to convince them they need help.
The victim, depending on the type and severity of abuse, will take as long as they need to heal and feel safe. The physical, emotional, and mental abuse all leave wounds. The wounds will all take time to heal; the physical wounds will heal far quicker than any emotional or mental wounds, and each wound will leave a scar. The lasting effects of mental abuse range from post-traumatic stress disorder, including symptoms of night terrors and anxiety, to memory loss. There is also a tendency to self-medicate with alcohol and drugs. Depression and low self-esteem are common effects of abuse. (Joyful Heart Foundation, 2022)
Symptoms of emotional abuse can include feelings of not being worthy or unlovable and thinking that everything is their fault. They may feel lost and feel the need to return to their abuser, because of feelings of loneliness and thoughts of always being alone, like their abuser told them. This is the critical time that a victim needs the support system to remind them that they are safe now and the abuser did not love them. Love is not causing pain or hurting the one they claim to love. (Joyful Heart Foundation, 2022)
There are several theories that relate to domestic violence, and depending on where the focus is, one can determine which theory can be used. Deciding if the focus is finding out why the abuser decides to abuse or looking at what causes the victim to find a relationship with an abuser and, more importantly, why a victim stays with the abuser.
The most obvious theory is feminist theory. This theory goes into the roles established before the Middle Ages, which put the man in the dominant role, waiting to be served by his wife and child. Men have been found holding onto this perception of what their role of dominance is and, therefore, finding it their right to abuse their wives behind closed doors. This feminist theory is pushing for a complete restructuring of the traditional family unit due to this being a social issue. That society has pushed what they considered appropriate gender roles, elevating the male to the head of the household, creating an inequality between the husband and wife, and giving the male the unrealistic power to be in control. Reestablishing a more equal balance between the two married couples will shift those views away from a dominant husband and subservient wives, who need to be punished for disobeying, to a better partnership where the household is divided equally, with both at the head of the household. This shift will remove the attitude that it is okay for husbands to hit their wives.
Another theory that has some elements that agree with the feminist theory is the social learning theory. This theory states that men abuse because it is a learned behavior. The men who batter "do so because it works for them." (McCue, 1995). They get what they want and maintain control in their home. This theory states that the abusive man had witnessed a male authority figure use violence "successfully" as a child and gotten what he wanted, causing him to learn this behavior and use abuse in a relationship the same way, when he grew up. The same way a victim of domestic abuse is a learned behavior Social Learning Theory holds that "women learn their victim behavior either through victimization as children or by witnessing their mothers' beatings." (McCue, 1995).
The main belief of social learning theory is in direct contradiction to feminist theory, which does not believe that victims learn to be victims by watching their mothers being abused, believing this is victim blaming. The feminist theory believes that the reason victims of domestic abuse stay and participate in the cycle of violence with their abuser is their way to survive. They (feminist theory) believe the social structure is the reason for domestic abuse and "that men choose to batter because they have been socialized to believe they are entitled to superior rights and that society's institutions have traditionally supported men's sense of entitlement." (McCue, 1995).
Another theory is an environmental theory called routine activities theory, or RAT. The focus of RAT is on the three specifics needed for crime to occur. RAT states that:
⢠A suitable target (Author Unknown, pg. 24, N.D)
⢠A motivated offender (Author Unknown, pg. 24, N.D)
⢠A lack of guardianship (Author Unknown, pg. 24, N.D)
Without these exact factors taking place, crime cannot be committed, because any part of this triangle missing will affect the criminal actions needed. For example, a suitable target is anything that makes a good target, either a person or an object. This target will have four characteristics. 1. It needs to be of greater value than the punishment if caught. 2. Inertia, the availability of motion. Is the target easily removable? 3. Visibility makes the target and the valuables visible, making the crime that much more worth it. 4. Access; how hard is it going to be to commit the crime? The access to the valuable targets will determine how much effort will be needed to find valuable items; the more accessible, the less effort needed to commit the crime. An example would be if a burglar broke into a fast-food restaurant, hoping to just get some pocket change, only to find out the safe was left open with the cash still there. Now the value of the target just increased, as well as inertia, because the money was already placed in bags for easy transport. It was viable to make the crime that much easier to commit, and lastly, the access, to the target was effortless to obtain.
A motivated offender is anyone willing to commit the crime. This variable comes into play usually only once, and that is before the first crime has been committed. Usually, after the first crime has been committed, the offender will always be motivated to commit another crime.
The lack of guardianship can be as simple as finding the target alone and vulnerable.
Critics of this theory do not like it for personal crimes, like domestic violence, but more for property crimes. The fact that abusers see their victims as their property must have slipped past these critics. Domestic violence uses each of the aspects needed for RAT: the value of the target, the motivated offender, and nobody around to help her. RAT can be used for domestic violence.
Critical Victimology: This was created by Mawby and Walklate in the early 1990s and was a combination of both positive and radical theories, but it looks at the wider social picture and allows for policies to be examined as well as services for the victim. "It provides for the naming, labeling, and discussion of experiences that were once hidden, allowing the generalities of victimization and the lived experiences of victims to be put into context with each other." (Author Unknown, pg. 23, N.D) This theory gives perspective on social institutions and questions what role they played. It can be seen from an individual or cultural experience of victimization, realizing that to get a better understanding of victimization, both viewpoints are needed.
Lifestyle theory says that personal victimization is more likely to occur when the victim chooses to live certain lifestyles. In domestic violence, lifestyle theory can be used because the victim has chosen to stay with the abuser, knowing what can happen. She has therefore placed herself more susceptible to becoming a victim of domestic violence. She chose to stay with an abusive man.
The resources for the victims of domestic violence have finally started to become available. Compensation for being a victim of domestic violence is becoming more available. Help for victims of domestic violence is finally becoming more readily available now as compared to the past. There are shelters available, counseling, and help in testifying against their abusers. Every district attorneyâs office in California employs a victim advocate that works closely with survivors of domestic violence. They attend court proceedings with them, get them counseling, help them apply for benefits, and are with them every step of the way. They then set them up with a case worker after the court process is over, to help them enroll in the VINE program. This is the Victim Information Notification Everyday system. This allows victims of crimes like domestic violence to be notified before they happen when their abuser is moved, up for parole, or released in a timely manner.
There are also several shelters that take women and children and are there to help women leave dangerous situations. They provide a room with beds and dressers and a private bathroom; they provide clothes for the victim and children, if they must leave without anything. They provide three meals a day and snacks, transportation to any DR. appointments or court cases, and childcare for any appointments the mother has. They provide counseling and group classes to learn about domestic violence. They are a catholic based home that will give a place for victims to be safe and allow up to three years to stay and get back on their feet. I know about this shelter because I stayed here after I left my domestic violence experience.
In conclusion, I think this subject needs to be discussed more. There needs to be a shift in the perspective that it is a "personal matter" and that it is "none of my business what happens" between two people in their home. Yes, it is the personâs business if they could step in and stop the abuse being witnessed. They may save a life that day. I have experienced being ignored as I was screaming for help, watching people look outside and then close their door, not wanting to get involved, as I was being dragged across the floor by my hair. Nobody stepped in to help me. I am only glad I survived that time. The next victim might not be so lucky.
Author Unknown. (n.d.). Victimology. e-text. Chapter 1 and page numbers 23-30
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Marshall, N., & Baron, S. (2023). INTRO TO DOMESTIC VIOLENCE History, Types, Impact & Other Key Issues. Ca.gov. https://www.courts.ca.gov/partners/documents/dvintro2.ppt#:~:text=Senate%20passes%20Domestic%20Violence%20Act%20of%201978.
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Pirret, J. (2022, June 14). Why are men often overlooked as victims of domestic abuse? The Centre for Social Justice. https://www.centreforsocialjustice.org.uk/newsroom/why-are-men-often-overlooked-as-victims-of-domestic-abuse
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victims.ca.gov. (2021, May 12). CalVCB Highlights Resources Available to Victims During National Domestic Violence Awareness Month - CA Victim Compensation Board. CA Victim Compensation Board. https://victims.ca.gov/news-releases/calvcb-highlights-resources-available-to-victims-during-national-domestic-violence-awareness-month/