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Prosecution of Women Arrested for Intimate Partner Abuse

NCJ Number
211369
Journal
Violence and Victims Volume: 20 Issue: 3 Dated: June 2005 Pages: 361-376
Author(s)
Kris Henning Ph.D.; Brian Renauer Ph.D.
Date Published
June 2005
Length
16 pages
Annotation
This study documented the prevalence of domestic violence arrest involving female defendants and examined factors prosecutors considered when accepting or rejecting domestic violence cases involving female defendants.
Abstract
Since the implementation of mandatory arrest laws, the number of women arrested for domestic violence (DV) or intimate partner abuse has increased, with women now accounting for as much as one quarter of the DV arrests in some jurisdictions. A number of factors have likely contributed to the rise in female arrests for DV, which continue to worry many of those working in the field of DV. This study sought to answer three questions regarding women arrested for heterosexual intimate partner (HIP) offenses: (1) how many women are arrested for DV and what are the court outcomes for women arrested; (2) how do characteristics of these female defendants and their alleged offenses influence prosecutorial decisions to pursue or decline charges; and (3) are women who are arrested for a DV offense involving an HIP more, less, or equally likely to have their charges pursued than other defendants arrested for the same crime. The questions were explored using three groups of DV arrestees drawn from a single year’s worth of cases in a large southern county. Results indicate that roughly one half of the criminal cases involving female HIP defendants were dismissed by the district attorney’s (DA’s) office, and the remaining cases that were fully prosecuted differed from those that were dismissed in that they were more likely to include evidence supporting the defendant’s blameworthiness or dangerousness. In summary, the study found that the majority of women arrested for a domestic offense involving a male intimate partner had their charges dismissed by either the DA’s office or the judge. Tables, references