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Victim-Defendants in Mandated Treatment; An Ethical Quandary

NCJ Number
222886
Journal
Journal of Aggression, Maltreatment and Trauma Volume: 15 Issue: 3/4 Dated: 2007 Pages: 75-93
Author(s)
Donna Gardner
Date Published
2007
Length
19 pages
Annotation
This article presents key issues surrounding the problem of battered women sentenced to treatment as perpetrators and provides suggestions for effective advocacy and intervention approaches.
Abstract
It is clearly seen that aggressive advocacy should be conducted to take up the cause of women who are victim-defendants. Victim advocates have an obligation to educate others and state the case appropriately. It is important that advocates inform defense attorneys, prosecutors, judges, and probation officers about the miscarriage of justice that occurs when primary batterer assessments are not appropriately completed, often resulting in the arrest and conviction of battered women. As of today, the best answers have yet to be found for the victim-defendants now involved in a system that, even with the best advocacy efforts, may not recognize their unique needs for years. Battered women are being arrested and convicted of domestic violence-related crimes in higher numbers than ever before. In addition, battered women are being sentenced to treatment as primary perpetrators even though their aggression was in response to the violence perpetrated against them. Many service providers are presently ill-equipped to offer treatment and/or other services that will effectively serve these women in a manner that will truly reduce violence and is not re-victimizing. Deep philosophical and practical issues abound when discussing best practices for survivors identified as battered women who are victim-defendants. Table, notes, and references

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