Chapter 13 - Supplement

1997-98 Academy Text Supplement

Chapter 13

Domestic Violence

Statistical Overview

Among all female murder victims in 1996, 30 percent were slain by husbands or boyfriends. Three percent of the male victims were killed by wives or girlfriends. (Federal Bureau of Investigation. (released September 28, 1997). Crime in the United States, Uniform Crime Reports, 1996, p. 17. Washington, DC: U.S. Department of Justice.)
Results of the National Crime Victimization Survey (NCVS) indicate that of the more than 1,150,000 reported incidents of crime victimizations among intimate partners in 1992-3, women suffered more than one million violent victimizations, compared with approximately 143,000 incidents experienced by men. For both fatal and non-fatal violence, women are at a greater risk than men of being victimized by an intimate partner. (Violence Against Women Grants Office (1997, July). Domestic Violence and Stalking. The Second Annual Report to Congress under the Violence Against Women Act, p. 5. Washington, DC: U.S. Department of Justice.)
Women of all races were about equally vulnerable to violence by an intimate partner. (Ibid., based on data from the 1995 NCVS)
Among victims of violence committed by an intimate partner, the victimization rate of women separated from their husbands was about three times higher than that of divorced women and about 25 times higher than that of married women. (Ibid., p. 6)
Proportionately, women were more likely to be injured in violent incidents committed by intimate partners than by strangers. (Ibid., p.6)
There is little variation in the extent to which women living in urban, suburban, and rural areas experienced violence by intimate partners. (Ibid., p. 6)
Females were more likely to be victimized by persons whom they knew (62% or 2,981,479 victimizations), while males were more likely to be victimized by strangers (63% or 3,949,285). (Craven, D. (1997, September). "Sex Differences in Violent Victimization, 1994," NCJ-164508, p. 1. Bureau of Justice Statistics, Special Report. Washington, DC: U.S. Department of Justice.)
In 1994, for every five violent victimizations of a female by an intimate partner, there was one of a male. Intimate partners committed over 900,000 victimizations of females and about 167,000 victimizations of males. (Ibid., p.1)
Women separated from their spouses had a violent victimization rate (128 per 1,000), over one and a half times that of separated men (79 per 1,000), divorced men (77 per 1,000), and divorced women (77 per 1,000). (Ibid., p. 1)
For homicides in which the victim-offender relationship was known, an intimate partner killed 31 percent of female victims age 12 years or older (1,392) and four percent of male victims 12 or older (663). (Ibid., p. 1)
Females were more likely to be victimized at a private home (their own or that of a neighbor, friend, or relative) than in any other place. Males were most likely to be victimized in public places such as businesses, parking lots, and open spaces. (Ibid., p. 1)
Women were attacked seven times more often by offenders with whom they had an intimate relationship than were male victims of violence. (Bureau of Justice Statistics. (1995, August). Violence Against Women: Estimates from the Redesigned Survey. Washington, DC: U.S. Department of Justice.)
Nearly 30 percent of all female homicide victims were known to have been killed by their husbands, former husbands or boyfriends. In contrast, just over three percent of male homicide victims were known to have been killed by their wives, former wives, or girlfriends. (Ibid.)
Forty-five percent of all violent attacks against female victims 12 years old and older by multiple offenders involve offenders they know. (Ibid.)
The rate of intimate-offender attacks on women separated from their husbands was about three times higher than that of divorced women and about 25 times higher than that of married women. (Ibid.)
Women of all races were equally vulnerable to attacks by intimates. However, women in families with incomes below $10,000 per year were more likely than other women to be violently attacked by an intimate. (Ibid.)
As many as 17 percent of adult pregnant women are battered. The number of teenagers that are battered during pregnancy may be as high as 21 percent. (Chez, R. (1992). "Battering During Pregnancy." Complications of Pregnancy: Medical, Surgical, Gynecological, Psychosocial, and Perinatal. Biltmore: Williams & Wilkins.)
Almost six times as many women victimized by intimates (18 percent) as those victimized by strangers (three percent) did not report their victimization to police because they feared reprisal from the offender. (Bureau of Justice Statistics. (1994). Violence Against Women: A National Crime Victimization Survey Report. Washington, DC: U.S. Department of Justice.)
Women age 20-24 were the most likely to experience all types of violent crime. (Ibid.)
Living in suburban or rural areas did not decrease a woman's risk of experiencing an act of violence by an intimate. Women living in central cities, suburban areas and rural locations experienced similar rates of violence committed by intimates. (Ibid.)

Robbery was the only crime in which women were more likely to be victimized by strangers than by intimates, other family members, or acquaintances. (Bachman, R. (1994, January). Violence Against Women, A National Victimization Survey Report. Washington, DC: Bureau of Justice Statistics, U.S. Department of Justice.)

VAWA Authorized Hotline

The National Domestic Violence Hotline (1-800-799-SAFE), authorized by the Violence Against Women Act of 1994, was established in 1996 to provide crisis intervention information and assistance to victims of domestic violence. The new hotline was cited in the President's 1997 National Crime Victims' Rights Week proclamation as having already responded to more than 73,000 calls for assistance from around the country.

The Model Domestic Violence Code

Since the Model Domestic Violence Code drafted by the National Council of Juvenile and Family Court Judges was introduced to the National Conference of State Legislatures in 1994, it has been enacted in whole, or in part, by some jurisdictions.

Its key provisions seek to upgrade interventions and limit discretion of individuals within the criminal justice system to make it more responsive to the safety needs of victims.

Specifically, the Model Code requires the following:

Mandatory arrest.
Mandatory no-contact orders.

Restrictions on home detention and deferred prosecutions for batterers.

Restrictions on plea bargaining domestic violence cases.

Standards for certification of domestic violence treatment programs.

Response of the Medical Profession to Domestic Violence

Medical research has confirmed the prevalence of domestic violence among patients, and the ways in which medical personnel have traditionally overlooked the problem: (JAMA: Journal of the American Medical Association, 1995.)

JAMA stated that 30% of women who seek emergency medical treatment at hospitals were there as a result of injuries caused by battering.

A significant 92% of women who were physically abused by their partners did not discuss these incidents with their physicians, and 57% did not discuss the incidents with anyone.

As a result of such statistics, the American Medical Association has spearheaded numerous efforts to develop screening protocol for medical professionals to recognize the common injuries and signs of abuse experienced by victims of domestic violence, as well as intervention protocol for a comprehensive multi-disciplinary response to victims of domestic violence. In the 1990s, numerous national health organizations have joined together to work to reduce the prevalence of domestic violence.

To respond to this public health crisis, task forces have been formed across the country to create policies and practices to improve the health care system response.

The National Health Initiative on Domestic Violence, in conjunction with the Family Violence Prevention Fund and the Pennsylvania Coalition Against Domestic Violence, is developing, evaluating and disseminating standardized protocols and training programs to help hospitals throughout the country improve their emergency departments' response to domestic violence.

Partnership: NDVH and Deaf Advocates

The National Domestic Violence Hotline, the Abused Deaf Women's Advocacy Services (ADWAS) of Seattle, the National Association of the Deaf (NAD), and Deaf Women United have developed a partnership to work together to build the national infrastructure for deaf victims of domestic violence. The ultimate goal is to ensure that any deaf victim can call the Hotline and be connected to a deaf advocate somewhere in the U.S., who will assist them with their local service providers. As a result of a needs assessment survey, the NDVH has developed a packet of information for service providers that includes Guidelines for Accessibility, Tips for Using a Sign Language Interpreter, a special offering by Harris Communications with a discount on adaptive equipment, and training opportunities on deaf issues. For more information, contact Carmen Keltner at the Hotline (512/453-8117) or Marilyn Smith at ADWAS (206/726-0093 (TTY) or 206/726-0017 (fax).

Certain Federal Domestic Violence Offenses and Statutes

The Violence Against Women Act of 1994 amended the federal criminal code to extend additional protections for victims of domestic violence. Additional provisions have since been added to the code. A list of many of these significant statutes is provided below.

Interstate Domestic Violence: (18 U.S.C. 2261(a)(1) and (2))

It is a federal crime to enter or leave Indian country or cross state lines and injure an "intimate partner." The injury must be physical and the defendant must have intended to commit the crime when entering or leaving Indian country or when crossing the state line.

It is a federal crime to force or coerce an "intimate partner" to enter or leave Indian country or cross state lines if the force or coercion leads to physical harm to the victim.

Interstate Stalking: (18 U.S.C. 2261A, enacted September 23, 1996)

It is a federal crime to cross state lines to stalk or harass. There must be proof that the stalking placed the victim in reasonable fear of death or serious bodily injury.

The defendant must have intended to commit the crime when crossing the state line.

Interstate Violation of a Protective Order: (18 U.S.C. 2262(a)(1) and (2))

It is a federal crime to cross state lines or enter or leave Indian country and violate a protection order. The protection order must protect the victim against credible violent threats, repeated harassment or bodily injury.

The defendant must have intended to violate the protection order when crossing the state line or when entering or leaving Indian country.

It is a federal crime to force or coerce an "intimate partner" to cross state lines or enter or leave Indian country if the force or coercion leads to injury in violation of a valid protection order.

Firearm Offenses: (18 U.S.C. 922(g)(8))

It is a federal crime to possess a firearm while subject to a valid protection order. The protection order must either (1) find that the defendant poses a credible threat to the physical safety of the victim, or (2) prohibit the defendant from using any force that would cause injury to the victim.

Law enforcement officers are not subject to this law.

Firearm Offenses: (18 U.S.C. 922(g)(9))

It is a federal crime to possess a firearm after conviction of a qualifying state misdemeanor crime of domestic violence.

This statute applies to law enforcement. (enacted September 30, 1996)

Restrictions: (18 U.S.C. 922(g)(9))

Must be "qualifying" misdemeanor.

Due process requirements must be met.

Does not apply if prior conviction was expunged, set aside or pardoned, unless there is a pardon or other relief expressly contained prohibition against firearm possession.

Other Relevant Statutes:

Pre-trial Detention - (18 U.S.C. 2263)

Restitution - (18 U.S.C. 2264)

Full Faith and Credit - (18 U.S.C. 2265)

Self-Petitioning for Battered Immigrant Spouses and Children - (18 U.S.C. 1154)

Full Faith and Credit:

The Full Faith and Credit provision of Violence Against Women Act, (18 U.S.C. 2265), requires states and Indian tribes to enforce "valid" protection orders issued by foreign states and Indian tribes as if the orders had been issued by the non-issuing, enforcing state or Indian tribe. In other words, whatever the implications of violating a protection order are in the new state or Indian land, these apply to enforcement of the order from the old state or Indian land. In addition, if the person is ineligible for a protection order in the new state but she/he was eligible for the protection order in the old state, the new state must still enforce the foreign order.

Penalties:

Sections 2261, 2261A and 2262 Offenses - five years to life imprisonment depending on the seriousness of bodily injury inflicted.

Section 922 Offenses - Maximum 10-year sentence.

New Publications Addressing Domestic Violence

Law School Education on Domestic Violence

In 1997 the American Bar Association (ABA), with support from the Office for Victims of Crime, released an report on the important responsibility of law schools to integrate the teaching of domestic violence laws and issues into law school curricula. The report, entitled When Will They Ever Learn? Educating to End Domestic Violence - A Law School Report, was developed by members of the ABA Commission on Domestic Violence. It addresses the advantages of integrating domestic violence issues into law school curricula, incorporating domestic violence legal issues into law school curricula, linking law school programs in the community, and the many challenges in incorporating domestic violence legal issues into legal education. All levels of legal education are addressed, including core curricula courses, upper level courses, clinical programs, and co-curricula programs. The report provides recommendations for enhancing law school's response to domestic violence, not only in educating future lawyers but in providing pro bono legal assistance to domestic violence victims through legal clinics working in partnership with community groups. (Goleman & Valente. (1997). When Will They Ever Learn? Educating to End Domestic Violence - A Law School Report. Washington, DC: American Bar Association.)

Drugs, Alcohol and Domestic Violence

In October of 1997, the National Institute of Justice released findings from a research study conducted in 1995 in Memphis, Tennessee on the extent of drug and alcohol use/abuse in domestic violence incidents. The report, entitled Drugs, Alcohol, and Domestic Violence in Memphis, revealed important data:

Almost all assailants had used drugs or alcohol during the day of the assault.

Two-thirds had used a dangerous combination of cocaine and alcohol.

The vast majority of those assaulted were repeat victims of the current assailants.

Two-thirds of the assailants were on probation or parole at the time of the assault.

A majority of battering incidents involved the assailant's use or display of a weapon.

A number of victims suffered injuries severe enough to require immediate medical attention.

Based on these findings, researchers recommended that future responses to domestic violence should include:

Testing assailants at the time of arrest for alcohol or other drug intoxication.

Detoxifying arrested drug- or alcohol-dependent assailants prior to release from jail.

Assessing children who directly witness domestic violence to determine if psychological treatment is needed.

Allowing domestic assault victims to swear our arrest warrants at the assault scene.

Providing emergency counseling or psychiatric treatment for women whose self-esteem has been eroded by the manipulative and coercive behavior of the batterer.

(Brookoff, D. (1997, October). "Drugs, Alcohol, and Domestic Violence in Memphis." National Institute of Justice, Research Preview. Washington, DC: U. S. Department of Justice.)

Batterer Intervention Programs

In February of 1998, the National Institute of Justice released a comprehensive report entitled Batterer Intervention: Program Approaches and Criminal Justice Strategies. The report provides information to criminal justice and victim advocate professionals about how to effectively and knowledgeably work with batterer intervention staff to make informed choices about program referral.

The primary goal of the report is to improve the working relationship and mutual understanding between criminal justice personnel and batterer program staff. A secondary goal of the report is expand the debate about innovative batterer intervention approaches to include criminal justice personnel who work with batterers daily, and criminal justice policymakers who are concerned with domestic violence. (Healy, Smith, & O'Sullivan. (1998, February). Batterer Intervention: Program Approaches and Criminal Justice Strategies, NCJ-168638. Washington, DC: National Institute of Justice, U.S. Department of Justice.)

The information on this page is archived and provided for reference purposes only.