Recognizing and Remedying the Harm of Battering: A Call to Criminalize Domestic Violence

Tuerkheimer, Deborah. 2004.” Recognizing and Remedying the Harm of Battering: A Call to Criminalize Domestic Violence.” The Journal of Criminal Law and Criminology 94(4):959-1032

In this article the author seeks to examine the discrepancy between the experience of domestic violence among women and the articulated remediation offered by law. By following the criminal proceedings associated with a domestic violence case, the author seeks to demonstrate this gap. She says, ” Criminal  law’s myopic  focus  on  transaction based physical violence critically  impacts the ability of jurors to  function effectively.”

Dynamics of Domestic Violence

Although domestic violence has been considered to be a show of power and control, criminal law seldom recognizes it as one. The author quotes a psychologist,

“To  negate  the  impact  of  the  time  period  between  discrete  episodes  of  serious  violence-a  time  period  during  which  the  woman  may  never  know when  the  next  incident  will occur,  and  may continue  to live  with  on-going  psychological  abuse-is  to fail  to  recognize  what  some  battered  woman  experience  as a  continuing  ‘state  of  siege.”   Thus, the author suggests that in practice domestic violence needs to be seen as a continuous process including threats, isolation, economic abuse and so on, rather than discrete incidences of violence.

Criminalization in Historical Context

It was in 1920 that wife beating was considered illegal in most states. However, it was only recently that interference in domestic sphere was considered to be part of the criminal response. Now, mandatory arrests and no drop policies has forced criminal justice systems to respond.

Criminal Law Paradigms

According to criminal law, crimes are “transaction-bound” and are subjected to evidence and criminal procedure. The author says that the law does not recognize the pattern of crime and that violence is exerted over a period of time. Thus , law is blind to the context in which domestic violence occurs.

Litigating Domestic Violence History

In the case of domestic violence, context is critical. Evidence often does not take into account the continuous mode of power and control exerted over the victim. And the stories of this continuous abuse lies outside the purview of criminal justice. Only incidents are punished. Since the law will accept only certain forms and transactions of violence, the victim is expected to change the narrative of her experience to get judicial remedy.

The author also suggests a different framework to identity domestic violence. She says,

A  person  is  guilty  of  battering  when:

He  or  she  intentionally  engages  in  a  course  of  conduct directed at  a  family  or  household  member;  and

He  or  she  knows  or  reasonably  should  know  that  such  conduct  is likely  to  result  in  substantial  power  or  control  over  the family  or  household  member;  and  At  least  two  acts  comprising  the  course  of  conduct  constitute  a  crime  in  this  jurisdiction

Through this definition the author seeks to bring the recognition that domestic violence is a continuous form of abuse and often seeks to exert power and control.

The author also recognizes a possible critique for this definition. She says, critics might state that this definition blurs the boundaries between the criminals who actually physically abuse and those who are merely dominating. The author says, this critique only seeks to uphold the status quo of a family where control and domination means stability.

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Domestic Violence against Married Women in Cambodia

Yount, Katherine.M and Jennifer S. Carerra. 2006. “Domestic Violence against Married Women in Cambodia.” Social Forces 85(1):355-387

In this article, the authors seek to analyze the effects of resources and early life experiences on the prevalence of and attitudes regarding domestic violence among 2,074 married women in Cambodia. This article looks at four major theories to explain domestic violence.

One, resource theory where violence is one another resource for men. When they lack other material resources, they use violence to demonstrate their power. The author cites several studies that state that domestic violence is more prevalent in low income households.

Second, scholars have emphasized the importance of including women’s dependence on men for increasing prevalence of domestic violence and women’s tolerance of abuse. Some other studies show that status inconsistencies is correlated with increased domestic violence i.e. men inflicting violence on women when they have higher incomes than the men.

Thirdly, scholars have also studied women’s family organizations to explain how that affects the presence of domestic violence. Whether the woman lives close to her husband’s family or her own natal family does influence the prevalence of domestic violence.

Fourth, scholars have also examined early life experiences to explain how women view domestic violence.  Scholars suggest that witnessing violence as a child, may teach children to normalize violence. Moreover, experience of violence may also reduce self esteem among women and increase their tolerance of violence.

The authors arrive at five hypotheses:

1. H1: Women  in poorer households  will have higher odds  of experiencing domestic  violence.
2. H2: Women  who  have  more  children  and  are  economically dependent on  marriage  will  have higher odds  of experiencing
   domestic  violence  and of justifying abuse against wives.
3. H3: Women  with more  schooling than  their  husbands  will have higher odds  of experiencing domestic  violence.
4. H4: Women  who  married  at a younger  age, and  who  lack contact  with  natal kin,  will have higher odds  of experiencing
   domestic  violence.
5. H5: Women  who report that their  father beat  their  mother will  have higher odds  of experiencing domestic  violence
   and of justifying abuse against wives

Data:

This paper is based on data from Cambodia 2000 Demographic and Health survey. Women aged 15-49 were eligible for participation. 99% of women were interviewed for the survey. A sub-sample of 25% households were identified to administer domestic violence module. This interview was held under caution to ensure that the women were not put under any major risk.  The DVM included a modified Conflicts Tactics Scale and also included questions about physical violence perpetuated by others. This included 2078 married women.

Dependent variables:

1. Experience of any physical or sexual or psychological violence in the previous year
2. Agree whether the husband is justified to beat his wife.

Independent variables:

Measures of early life experiences are:

1. Childhood residence (urban,rural)
2. Father’s schooling
3. Whether father ever beat her mother

Measures of family organization:

1. Whether father and mother were alive
2. Number of living siblings
3. Age at time of first marriage
4. Whether husband or parents-in-law were residing with the woman
5. Whether anyone from the natal family lived close by

House hold standard of living:

1. Assets and amenities in the household

Results:

Women with lower standard of living had higher odds of experiencing domestic violence. Women  who  had fewer opportunities than  their husbands  because they  had  8-13  fewer years of schooling more  often experienced  physical and psychological domestic  violence. (H2).  Women  with  more  living children  also  more  often experienced  physical domestic  violence  and  reported that  wife
beating is justified  (H2).    Third, women  who may  have challenged  status  expectations in marriage  by  having more  schooling
than  their husbands  had higher odds  of experiencing  psychological, but not physical domestic  violence  (H3).  Unexpectedly  (H4),  neither  a  woman’s age at  first marriage  nor the  survival status  or proximity of her natal  kin  was  associated  with her odds  of experiencing domestic  violence.  Finally, women  who reported father-to-mother violence  in  their  childhood  had higher
odds  of experiencing  physical and psychological domestic  violence,  but did not more often justify wife beating  (H5).

Gender Processes in Women’s Self-Help Movements: Taylor

Taylor, Verta. 1999. “Gender and Social Movements: Gender Processes in Women’s Self-Help Movements.” Gender and Society 13(1): 8-33

This article draws from the case study of the post-partum depression self help movement in the US.  Taylor utilizes gender theories and social movement theories to explain the gendering of social movements. She analyzes gender by examining gender at multiple levels of interaction, structure and culture in the post partum depression movement. She explains the emergence of the movement using the theoretical framework of political opportunities, mobilizing structures and frames.

In terms of the political and cultural context, the following was noted. The post partum depression self help movement emerged when the medical structures were being more receptive to critiques of cultural bias against women’s post partum conditions. The increasing number of women entering the medical establishments also led to more favourable voices within the structures.

In terms of mobilizing structures, Taylor notes that the post partum depression movement began through informal networks of two feminists, who suffered post-partum depression. The movement utilized face to face support networks and telephone support to women and their families. Through articles in magazines and television shows, the movement also sought to create solidarity among women suffering from post partum depression. They also encouraged “collective self-expression” among women giving space to an emotional culture, which is often seen as feminine.

In terms of frames, the author examines gender in two ways. 1) Gender as a collective action frame. 2) Gender as a collective identity. The movement, while addressing post partum depression among mothers, raised voices against gendered divison of work within traditional families, stating this isolation of women as a major cause of depression. Activists utilize the movement’s collective identity to help women deal with dominant cultural notions and expectations from motherhood.

In conclusion, the author states that it is important to examine how social movements contribute to the social construction of gender. Regarding the post partum movement, the author identifies a paradox in the movement: The movement’s collective identity gives space to modes of interaction among women which are usually considered to be feminine, but at the same time, considers women as helpless victims of the medical establishment. However, the collective action repertoire of the movement leaves scope for challenging the existing cultural notions of oppression, reinforced by the gender bias in the medical structures.