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BATTERED WOMEN AND THE CRIMINAL JUSTICE SYSTEM

NCJ Number
141897
Journal
American Behavioral Scientist Volume: 36 Issue: 5 Dated: special issue (May/June 1993) Pages: 624-638
Author(s)
B Hart
Date Published
1993
Length
15 pages
Annotation
Battered women are often similar to other violent crime victims in that they want perpetrators to stop their conduct, to pay dues for the crimes committed, and to compensate victims for the losses sustained as a result of criminal conduct; battered women also confront significant barriers to safe and effective participation in the criminal justice process.
Abstract
Like other violent crime victims, battered women fear retaliation if they seek prosecution. Nonetheless, criminal justice system personnel often believe that battered women will be safer and less exposed to life-threatening violence once they are separated from the offender and prosecution has commenced. Quite to the contrary, evidence of the gravity of violence inflicted after separation of the couple is substantial. Batterers may escalate their violence to coerce the victim into reconciliation, to retaliate for the victim's participation in the prosecution process, or to coerce her into terminating prosecution. Battered women are sometimes viewed by the criminal justice system as responsible for the crimes committed against them, and they may be reluctant witnesses. Despite potential barriers to battered women's participation in the criminal justice process, many battered women and criminal justice system personnel have found that hurdles can be eliminated with careful attention to the particular requirements of each victim. Strategies to facilitate the informed, protected, and committed participation of battered women in criminal prosecution include victim rights and services, outreach and investigation, victim advocacy and protection, specialized prosecution, timely prosecution, victim participation and empowerment, appropriate sentencing, and restitution and victim compensation. 15 references

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