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Feminism and domestic abuse
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A battered woman is a woman who endures repeated abuse at the hands of another individual, such as her partner. Battered women who commit intimate partner homicide normally kill out of fear. This is why either self-defence or battered women syndrome seems to be the appropriate path to take in court. However, neither option adequately reflects the situation the woman went through or helps the defendant in her case. Another factor is how the media covers these cases. Media outlets have found it more essential to attract more readers by shining these women in a negative light despite the situation they went through. As a whole, society is on the verge of being more sympathetic to the women who go through this ordeal. However, there still needs …show more content…
Women typically kill for a sense of security. This need to re-establish security can be from the abuse from their partner or other stressors, such as financial support. Economic studies have shown that financially and socially disadvantaged areas have higher intimate partner homicide rates (Diem & Pizarro, 2010). However, the second factor of this point is that this is seen in wealthy countries (Stöckl et al, 2013). Women in these areas might not have the social support such as women’s shelters to go to in these abusive relationships, leaving these women with the idea that homicide is the only option (Diem & Pizarro, 2010). It is seen that these women can also lack support from friends or family as well, whether they live in socially disadvantaged areas or not (Diem & Pizarro, 2010). In these cases the women have a hard time leaving their abusive relationship. When these cases are in court, social factors that aid in leaving the situation have typically undermined a defendant’s case. However, if more can be done to show how these women lacked these social structures both inside and outside the courtroom, there could be continued improvement both for their case and how society views these …show more content…
Similar to women in heterosexual relationships, women in lesbian relationships have a pattern of committing intimate partner homicide out of fear (Mize & Shackelford, 2008). For instance homophobia and discrimination both from family members and their community can add to the personal stress on the relationship (Mize & Shackelford, 2008). In these cases the women continue to lack emotional and social support, which the legal system seems to believe they have. What women in abusive lesbian relationships lack, is availability and safety in women’s shelters for same-sex relationships. Women’s shelters are more suited to stop men from accessing the victim’s location and information in heterosexual relationships rather than lesbian relationships. This is due to the difficulty in differentiating between the abused and the perpetrator in these relationships. A woman who is the perpetrator could easily pretend to be an abused victim and become a resident in the same women’s shelter as her victim, or could pretend to be the victim and access her records over the phone (Mize & Shackelford,
Therefore, this case plays on the idea that, when an individual feels his or her life to be in danger, self-defence is accurate. In the case of Ms. Lavallee, both reasonableness and ethics were questioned. Since Ms. Lavallee is a victim of battered woman syndrome, when she pulls the trigger at that life-threatening moment, cannot be understood except in terms of the cumulative effect of months or years of being brutally abused. Overall, this case is an exceptional example of how self-defence comes to play within the criminal justice system. It is important for the law to revaluate cases for a better understanding of the balance of inclination over pain. For instance, although Lavallee was thinking that her life was in danger with action she committed, there is reason and story behind her crime. When the case is viewed from this perspective, it becomes clear that the battered woman’s knowledge of her partner’s violence was so profound that she knows the extent and nature of the violence beforehand, which allowed her to determine that this time it was different, and would probably result in life threatening
First I would like to address the definition of Battered Woman Syndrome. Battered Woman Syndrome (BWS) is a condition often used by the defense in cases like this one to relieve the defendant of some or
Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these individuals into disagreement with the law, particularly when they murder their violent partners. The Battered woman syndrome (BWS) was created by clinical psychologist (1970’s) with an intention of depicting the series of occurrences that physically abused women frequently experience in their relationships.
The question raised in the Hawthorne v. State amicus was related to the expert testimony of Dr. Lenore E. Walker, a Clinical Psychologist with extensive involvement in the study and research of “battered woman syndrome.” Amicus indicated Dr. Walker’s testimony would provide the Trier of facts with expert opinion on a battered woman’s belief that resorting to the use of deadly force against her husband was required, if the woman had perceived imminent death or bodily hard to herself and/or her children. Dr. Walker would clarify battered woman’s syndrome to the jury including clarifying all the relevant stages, cycles of violence, symptoms and reasons why women choose to stay with the abuser.
While there is no official agreement that battered women’s action of killing their abusers should be justified, people need to understand that battered women are in different positions with relation to justice than defendants in general cases of homicide. Perhaps, victim advocates, the judge, attorneys, psychologists/psychiatrists, and social workers from women’s shelters should consider alternative approaches, such as creating a more comprehensive system to review and assess past cases where battered women have been convicted of killing their abusers from a legal, medical, and psychological perspective. Although it may not be practical to alter the law, it is possible to amend the legal system to support those battered women who deserve more freedom from their abuse with fair judgments.
The most notable discovery or key concept behind intimate partner violence with women as victims, would be that the overall rates have seen a general decrease. As found in the National Trends in Intimate Partner Homicide report, "Spousal homicide rates for both women and men have declined between 1974 and 2000" (Bunge, 2002). Many of the authors discussed present different perspecti...
The research is divided into four parts to better illustrate each individual topic and to provide for a more clear understanding of the material. The first analysis describes Battered Women's Syndrome and gives background information on its origin. The second part of the research affords case examples of battered women's trials, the defenses used, and the resulting verdicts. The third segment produces data on newly developed defenses and how they would help women justify or excuse their actions. The final portion of the research presents some of the different views held by supporters and critics of BWS. The conclusion of the research is based only on the data that was collected and provides some personal explanations for the problems facing battered women today.
As can been seen when looking at the issue of intimate partner violence, both historically and more recent, much of intimate partner violence is gendered, meaning that men are normally the perpetrators of violence (Hattery and Smith 2017). For this reason, the feminist theory is one of the few middle range theories used to examine intimate partner violence (Hattery and Smith 2017). The assumption of the feminist theory is that patriarchy undergirds everything in human society and allows for the abuse and oppression of women through inequality of power and privilege (Hattery and Smith 2017). Patriarchy shapes individual power within the household, playing on culturally gendered norms and expectations, and institutional power, such as the criminal justice system; the main structures of society (Hattery and Smith 2017). For this reason, this theory focuses on the structural nature of the issue rather than the individual nature of intimate partner violence (Hattery and Smith 2017). Distribution of power allows male partners to abuse their partners and “get away” with it if the injury is not physically visible, or life threatening, it is not considered criminal. Most times the perpetrator of violence does is not prosecuted, whether it be underreporting or lack of follow-through by either the victim or the court system (Hattery and Smith 2017). Feminist theory proposes dismantling patriarchy, or at least the reform the way that intimate partner violence is handled by the court system through accountability (Hattery and Smith 2017). The largest flaw in the feminist theory is that it is said to not address “exceptions to the rule” which are cases where the female partner is the perpetrator; and fails to address violence seen in the LBGTQ community (Hattery and Smith 2017). The assertion that the feminist theory does not adequately explain violence in the LBGTQ community is short sighted. As with any heterosexual relationship, a homosexual relationship,
The Battered Woman Syndrome (BWM) is a syndrome whereas women react in a certain manner because of repetitively physical or psychological abused imposed on them by their mates. The Battered Woman Syndrome (BMW) is not limited in one area or location it is a problem that is occurring all over in the world (2009, pg. 148). Like every other issue in the world criticism come into play by psychologists and others when someone claims that they are victims of the Battered Woman Syndrome or the Battered Woman Defense when they are taken to trial for killing their batterers (BMW) (2009, pgs. 162-163).
Women have fought for equality with men in the United States since the mid 1800s with the initiation of the woman’s rights movement. Not for special treatment, not for better opportunities, or even affirmative action, just equality. When it comes to killing, they are simply not viewed as aggressive creatures by the public. They were forced to do it, they are the victims, they must have been mentally or physically abused (Gurian 2011). There is very limited research on female serial killers, and even less so for women in partnerships with men, since they are rare cases. However, according to a study produced by Hickey (2006), 31% of the 64 female serial killers between 1826 and 2004 were in a partnership. Women who enter these partnerships with men either want to be taken seriously as an offender (Thompson 2009), or want to “please their murdering mates” (Fox and Levin 2012). De Beauvoir (1970) claims that a woman in love ‘‘tries to model herself on her lover’s desire… giving herself blindly’.’ Women will try to preserve a relationship by carrying out whatever action they can to satisfy their partner, which means that, in some extreme cases, women will go as far as killing along with them. Couples who kill together generally have a distinct set of techniques for target selection, way of killing, and means of disposing the body when compared to lone serial killers.
West, C. M. (2002). Lesbian Intimate Partner Violence: Prevalence and Dynamics. Journal of Lesbian Studies, Vol. 6(1), pp 121-127.
However, it is too often overlook that domestic violence may not only occur in terms of a man meting out violence against a woman but could also render a man as the victim too. Many times people turn their backs on male victims of domestic violence (Murray, S. & Powell, A. (2007). Due to the focus on violence against women, men lack a proper or even popular framework to fight domestic violence when it occurs that they are victims (Cruz, 1996). There is also a stereotype that only women can be victims of domestic violence. This makes it hard for men to open up and report when they experience violence from a partner (Cruz, 1996).
During the 1980s and 1900s, domestic violence was one of the most unreported crimes that involve females and males getting hurt and dying. Kicking, choking, killing, and saying brutal or despise words that could hurt the victims physically or emotionally are considered domestic violence. In fact, many victims are afraid to seek for help. According to “The Domestic Violence Resource Center (DVRC), women account for approximately 85 percent of all intimate partner violence, with women aged 20-24 at greater risk” (Batten, par.16). Most pregnant women are at risk as well. “But underlying approach is still one that assumes the perpetrators are men and the victims are woman” (Haugen, par. 1). Moreover, both males and females believe that domestic violence is a solution to their issues.
This typology involves either a passive woman who abuses due to an abusive male partner or a male-female couple who both equally abuse (Vandiver & Kercher). There are many issues involved with these typologies. The first issue is that the male becomes primarily responsible for the abuse instead of the female. In the situation of a passive woman whose abusive partner forces her to abuse, the victims of the abuse are most often their own children. In situations of domestic abuse, most women worry about the safety of their children or others before their personal safety. This makes it difficult to believe that a woman, even under severe abuse, would harm her children. In the case of a team who takes part in the abuse equally, when coupled with the idea that women are not physically capable of violence, the male gets burdened with the responsibility for the crime. The titles of the typologies themselves place the largest emphasis on the male and hence unconsciously place the responsibility of the crime on the male partner. Comparatively the male typologies use a more gender neutral term, “gang rape,” which makes all participating offenders responsible for the crime regardless of their level of participation. The criminal justice system overlooks these female offenders because of the idea that they
Gender-based violence has been recognized as a large public health problem as well as a violation of human rights worldwide. One out of three women has been beaten, coerced into sex, or abused in another way at least once in her life (www.infoforhealth.org). The abuser is usually a member of the family, introducing the difficult problem in that the abuse usually happens behind closed doors, and is often viewed by cultural norms and legal systems as a family matter rather than a crime.