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OVERVIEW OF LEGAL REMEDIES FOR BATTERED WOMEN - PART 2

NCJ Number
61608
Journal
Trial Volume: 15 Issue: 10 Dated: (OCTOBER 1979) Pages: 42-45,60,69
Author(s)
A D EISENBERG; E J SEYMOUR
Date Published
1979
Length
6 pages
Annotation
CIVIL REMEDIES FOR BATTERED WOMEN ARE REVIEWED, WITH PARTICULAR FOCUS ON RESTITUTION, REHABILITATION, AND VICTIM COMPENSATION.
Abstract
MANY STATES HAVE ELIMINATED INTERSPOUSAL IMMUNITY FOR PERSONAL TORTS NOT INVOLVING PROPERTY, BUT MOST STATES FOLLOW THE U.S. SUPREME COURT'S RULING IN THOMPSON V. THOMPSON, WHICH BARS A WIFE FROM SUING HER HUSBAND FOR ASSAULT. SOME JURISDICTIONS PERMIT ACTIONS BETWEEN SPOUSES FOR WILLFUL, WANTON, OR INTENTIONAL TORTS, BUT MOST DO NOT PERMIT AN ACTION FOR EITHER THESE TORTS OR NEGLIGENT TORTS. STATUTORY REDEFINITIONS OF RAPE AS A VIOLENT CRIME HAVE CREATED THE NEW TORT CRIME OF SEXUAL ASSAULT, AND A NEW CIVIL OPPORTUNITY FOR BATTERED WOMEN. ANOTHER CATEGORY OF CIVIL REMEDY IS ACTIONS AGAINST MUNICIPALITIES FOR THEIR POLICE AGENTS' NEGLIGENCE, BUT MISFEASANCE OR NONFEASANCE, UNLIKE MALFEASANCE, MAY NOT BE ACTIONABLE. RESTITUTION, BASED ON ELIMINATING A DEFENDANT'S UNJUST GAINS, IS LARGELY IRRELEVANT TO WIFE ABUSE, BUT A BRITISH LAW ILLUSTRATES A POSSIBLE WAY IN WHICH THIS CONCEPT COULD BE USED TO PROHIBIT A HUSBAND FROM BEATING HIS WIFE. CALIFORNIA'S 1945 LAW PROHIBITING WIFE AND CHILD ABUSE DEFINES WIFE ABUSE AS A FELONY AND IS THEREFORE DIFFICULT TO APPLY. MOREOVER, IN 1975, A SUPERIOR COURT JUDGE RULED THAT THIS LAW DISCRIMINATED ON THE BASIS OF SEX. PENNSYLVANIA'S 1976 PROTECTION FROM ABUSE ACT IS REPRESENTATIVE OF WIFE ABUSE LAWS AND PROVIDES CIVIL REMEDIES AND PROCEDURES. NEVERTHELESS, COMPREHENSIVE REHABILITATION PROGRAMS ARE NEEDED TO SOLVE THE PROBLEMS UNDERLYING SPOUSE ABUSE. VICTIM COMPENSATION, WHICH HAS RECEIVED INCREASING ATTENTION, PRODUCED LEGISLATIVE ACTION IN SEVERAL COUNTRIES. DESPITE THESE CIVIL REMEDIES, THE WOMAN ABUSE PROBLEM WILL NOT BE SOLVED UNTIL WOMEN'S STATUS IN SOCIETY IS COMPLETELY REDEFINED, AND FORCE AND CONTROL OF WOMEN ARE NO LONGER DEEMED ACCEPTABLE. MEANWHILE, ALTERNATIVES SUCH AS CHILD CARE SERVICES, BETTER EMPLOYMENT OPPORTUNITIES, AND SHELTERS FOR BATTERED WOMEN, ARE NEEDED. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. FOR PART I OF THIS ARTICLE SEE NCJ-60399. (CFW)

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