The History of Domestic Violence in the United States

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Historically, legal and social traditions in the United States have permitted and supported the abuse of women and children by the male head of household. This historical phenomenon helps explain why women are the primary victims of domestic violence. In this country, civil rights and legal responsibilities were first granted to free, property-owning men. Wives, children, and slaves were considered "chattel" or personal property of male citizens who were held responsible for their public behavior. Common law and written statues in the late 1800's in the US regulated, but did not prohibit, the abuse of women and children. It was considered the duty of males to control their households and property. Within their own judgment and standards, men were allowed to use physical violence to discipline their family or household member. In the 1600's in the Massachusetts Bay Colony husbands were also restricted from hitting their wives on Sundays or after 8:00 p.m. These restrictions were designed to protect the peace of the community rather than the targets of the violence. Page 2 The "rule-of-thumb" originated from the legal restriction that husbands could not hit their wives with sticks or boards thicker than an average thumb. Violent behavior by men against their family members were traditionally considered private matters. We recognize public violence as being morally wrong or socially destructive. Domestic violence and child abuse are two forms of private violence that were more or less immune from public scrutiny and considered inappropriate for "outsiders" to intervene in unless the problem reached extreme proportions. Although many laws that supported domestic violence were repealed in the early 1900's, the violent and controlling behavior of men over their family continued to be tolerated and viewed as socially acceptable. For example the development of the Family Court in 1899 reinforced the notion of family affairs such as domestic violence being private. In today's legal system, Family court falls under the heading of civil law (private torts) rather than criminal law (public wrongs) and continues as the main arena for settling family disputes. There were a number of attempts in American history to recognize and assist victims of domestic violence. This included efforts during the following times in history: The Suffrage Movement in the late 1800's Prohibitionists at the turn of the century Civil Rights Movement in the 1960's Page 3 However, the issue of domestic violence was always a secondary issue and was not fully addressed.

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