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Battered Women and the Criminal Justice System (From Do Arrests and Restraining Orders Work? P 98-114, 1996, Eve S and Carl G Buzawa, eds. - See NCJ-161517)

NCJ Number
161523
Author(s)
B Hart
Date Published
1996
Length
17 pages
Annotation
Domestic violence victims are both similar to and strikingly different from other violent crime victims, and each battered woman's experience should be evaluated in terms of its uniqueness and commonalities.
Abstract
Like other violent crime victims, battered women fear retaliation. Their fear appears to be justified because the National Crime Survey (1978-1982) showed an estimated 32 percent of battered women were revictimized within 6 months. Other studies indicate battered women are often at elevated risk for retaliatory violence. Many criminal justice personnel erroneously believe battered women will be safer and less exposed to violence once they are separated from the offender and prosecution has commenced. Studies demonstrate, however, that violence inflicted after the separation of a couple can be substantial. Battered women may thus be much more concerned about preventing future violence than about vindicating the government's interest in penalizing the defendant for crimes previously committed. Unlike other violent crime victims, battered women are often viewed by the police, the prosecutor, judges, jurors and probation and parole officers as responsible for the crimes committed against them. Despite attitudinal and other potential barriers to the participation of battered women in the criminal justice process, several strategies have been embraced to facilitate the informed, protected, and committed participation of battered women in criminal prosecution. These strategies concern victim rights and services, outreach and investigation, victim protection, victim advocacy, specialized prosecution, timely prosecution, victim participation and empowerment, and restitution and victim compensation. 16 references