Domestic violence exam 1 (pt.1)

necessary conditions

-action

-interaction (the act determines the crime, not relationship)

-will

-effect

domestic violence

pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse perpetrated by one person against another within the confines of a particular relationship to establish power and control over victim

factors of dv unique to other forms of violence

1. in contrast to other forms of violence, dv requires a relationship between partners

2. these relationships usually exist between parties before/during/after incidents of dv

3. certain forms of violence are more common in families than in other contexts of violence

4. in some socities, dv has a different legal meaning than other forms of violence. ex: domestic gender relations, child rearing practices

Classifications of family violence

1. legitimate expressive

2. legitimate instrumental

3. illegitimate instrumental

4. illegitimate expressive

legitimate expressive

Violence is catharsis. This is reflected in the belief that it is sometimes "better to spank a child than to hold in ones anger"

legitimate instrumental

this is the most widely occurring type of child maltreatment. It includes the physical punishment of children (ex, spanking)

-means to an end

-justified to get a certain result

illegitimate instrumental

This is punishment that the parent claims is "for the child's own good" but that society defines as abuse

-sees it as necessary

illegitimate expressive

most recognized form of family violence

rule of thumb law

-in the mid 1800s, gave husbands the legal right to beat his wife with a stick no thicker than his thumb

Mary Ellen Wilson (1874)

case where cruelty to animals law was applied since there werent actual laws permitting child abuse

Child abuse was recognized as a social issue in america

1961

Battered Woman Syndrome

a woman who has experienced many years of physical abuse but feels unable to leave her partner

battered child syndrome

Non-accidental physical injury of children by their parents or guardians.

- tied the medical community which meant more advocacy and action

Haven house (1964)

-Pasadenal, CA

-first shelter in the U.S. for battered women and children

Erin pizzey (1974)

published "scream quietly or the neighbors will hear", first book about domestic violence

Child Abuse Prevention and Treatment Act (1994)

provided federal funds to states the passed laws requiring certain profession to report suspected abuse

-mandated reporting (all states)

national organization for women (1976)

brought attention to battered women nationally

-wanted funding for shelters and research

Nebraska (1976)

first state to abolish the marital rape exemption

pennsylvania (1976)

first state to establish a state coalition against dv and to creat a law providing protection orders for victoms (PFAs)

Oregon (1977)

first state to mandate arrest in DV cases when probably cause exists

Protection of children against sexual exploitation act (1977)

crime to utilize or coerce a minor to engage in sexually explicit acts

NCADV- National Coalition Against DV (1978)

Organization that brought violence prevention aid services act to congress

Minnesota (1978)

-first to allow probably cause arrests in DV regardless of whether or not a PFA was issued. Didnt need a warrant to arrest

State v. chretien: Massachusetts (1979)

The first successfull conviction of a husband for MARITAL RAPE

Thurman v. Torrington: Connecticut (1985)

The first case in FEDERAL court where a battered woman sued a city for police failed to protect her from her husbands violence (and won). Tracy Thurman was partially paralized from stab wounds

Child sexual abuse and pornography act (1986)

made it a federal crime to sexually exploit ,permit child from engaging in child porn, or advertising products depicting sexually explicit conduct with a minor

NCADV established

- the first national toll free DV hotline

-October as DV awareness month

Laws against marital rape (1993)

marital rape is a crime in ALL states

Violence Against Women Act (VAWA)

-exhausting battle that began in 1990, Joe biden tucked in into the bill when clinton was president

-provided grants for shelters, arrests, awareness, and training law inforcement on how to deal with DV

-in 2013:

1. it was expanded to native maerican women, gave tribal courts authority to hold non native offenders accountable

2. LGBTQ+, prohibited discrimination of services

3. provided safe housing for victims in subsidized housing programs

4. strengthened laws governing marriage broker regulation (immigration)

5. college campuses

WHO

declared DV a global health issue

Myth

1. DV is uncommon

- its just under reported

-1/4th of all physical

-1/5th of all rapes

-1/2 of all stalking

:is reported to law enforcement

Myth

2. only poor people are violent

- richer people may get away with it more

Myth

3. abused children become abusive adults

Myth

4. battered women ask for it

Myth

5. DV just happens

Myth

6. alcohol and drugs are the real cause for DV

-it may enhance it but not cause it

Myth

7. women who claim date rape are lieing and deserve it

Myth

8. Love and violence cannot coexist

Psychopathology theory

mental health causes individuals to be violent

- this theory fails to isolate any specific disorder common to those who abuse

- people with mental issues arent largely violent

Substance abuse theory

Fails to explain why everyone who uses substances arent violent

Social learning theory

Modeling and reinforcing behavior frequency, duration + intensity of a behavior

-inner generational abuse

Exchange theory (rewards or punishments/costs)

Frustration and agression occurs towards "objects" that impede achievement of certain goals

Ecological theory

necessary components:

- family accepts use of force

- family is isolated from support of community services

Ex: disabled children

Evolutionary theory

-males and primates use aggression as intimidation against females so theres no resistance

-assumes parents dont bond/attach to offspring eith low reproductive potential

Resource theory

money, property, prestige is controlled by whoever has the power in relationships

Physical child abuse (PCA)

according to childrens bureau at the department of health and human services- 2,000 children died of abuse and neglect (2023)

• aprox. 5.3 daily

• globally 3 million a year

• 75% of child abuse is NEGLECT

abuse

an act of commission:  doing something

Neglect

the act of ommsion: failing to act

PCA definition 

The intentional use of physical force against a child that causes or has the potential to result in physical injury 

• Two standards that need to be taken into consideration

  • 1. harm must be observable, injuries that last at least 48 hours or more

  • 2. endangerment- the child must be substantively at risk

Imminent Risk

PA definition: any recent act/failure (neglect) to act or series of such acts as failures to act by a perpetrator which creates an imminent risk of serious physical injurt to or sexual abuse or sexual exploitation of a child under 18 years of age

• What is defined as recent acts?

  • Omissions committed in 2 years of date of report to county

According to the United Nations 

• 736 million women and children GLOBALLY experience sexual or physical violence

• 157 women everyday killed by a family member

Gender roles

expected behaviors of a position within a family

values

things that a specific culture/family believes in

“Honor” killings

• about the family, NOT individual

• deliberate, pre-meditated killing of a daughter by their own family

Munchausen syndrom by proxy

systematically fabricating infor about a childs health and intentionally make them gravely ill for

• can cause death

• proxy: substitute

• usually biological mom of a child

  • Motives: attention, sympathy, praised as a “hero”

Culture of violence theory

• violence is unevenly distributed within our society learned response

• desensitization occurs

• violence in the media: social , music, video games, etc

patriarchal

society is dominated by males →power

• feminists advocates calls for greater awareness and preventions

target child selection

when a parents targets one specific child and mistreats them

cinderella syndrome

• having a step parent increases risk of abuse (10 times more)

Caucasian culture

• based on european ancestry:

  • protestant work ethic

  • individualistic

  • nuclear family structure

  • male assertiveness

  • female nurturity

African American culture

• racial and economic inequities impact men → displace this and take it on partners (men become absent)

• stress importance of extended kinship (aunts, grandparents,etc)

  • female-headed househoulds due to men leaving

• male loss of self-esteem suffers from a legacy of bondage

• emasculation pushes menial roles

• “fight to find ways to leave”

Asian culture

• stresses family unit over the individual 

• men are highly valued

• have a harmony belief system

• extreme loyalty to male family members

• family is responsible for bringing honor to family 

• supreme male authority

• still socially acceptable to hit wife

Latin/Hispanic culture

• traditional gender roles

• Rely on extended family for support

• Dv is discouraged but is still prevalent

  • Due to large power differentials

• strong catholic belief

• emphasize group rather than the individual

• contributes to '“male machismo” and female virtue