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NCJ Number: 156384 Find in a Library
Title: Taking Abusers to Court: Civil Remedies for Domestic Violence Victims
Journal: Trial  Volume:31  Issue:6  Dated:(June 1995)  Pages:60-65
Author(s): L K Meier; B K Zoeller
Date Published: 1995
Page Count: 6
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: For at least the past 4 years, domestic violence has posed the single largest threat of injury to women in the United States, surpassing injury from heart attacks, cancer, strokes, car accidents, muggings, and rapes combined.
Abstract: An average of 4 to 5 women die daily due to domestic violence, and nearly 1,400 women were killed in 1993 by their male partners. An estimated 2 million wives are beaten by their husbands each year, an average of 1 every 16 seconds. Tort law in the area of domestic violence continues to evolve. Claims may include assault, battery, defamation, false imprisonment, intentional and/or reckless infliction of emotional distress, intentional interference with parent-child relationships, tortious infliction of a venereal disease, and wrongful death. The article focuses on assault and battery, the infliction of emotional distress, and tortious infliction of a venereal disease. The first two claims are discussed because they constitute the basis of most domestic violence torts. Tortious infliction of a venereal disease is examined because potential damages recoverable in the era of AIDS are significant. The authors note that domestic violence victims can bring Federal equal protection claims against third parties, such as police departments, and that claims can be filed for gender-motivated violence. The need for courts and the legal system to find solutions to the domestic violence epidemic is stressed. 26 notes
Main Term(s): Victims of violent crime
Index Term(s): Abused women; Battered wives; Courts; Domestic assault; Female victims; Male offenders; Violent men; Violent offenders
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