1990 Women’s Roles: A Historical Perspective
(Put on note cards)
Grade: A+ (58 points out of a possible 60)
Teacher comments: Stunning statistics on deaths in Mass and battery every so many second. Good to look at 3 areas. Amazing that laws are different in each area and you have to learn what the laws are. Pretty depressing stuff, isn’t it? Interviews are a very good idea.
Introduction
I’m going to talk to you about the abuse of women by the men that love them, their husbands, boyfriends, and exes. I was appalled when I began researching the problem that the criminal justice system keeps women in abusive situations. I am focusing specifically on the police, the court system, and the self-defense law.
October is National Domestic Violence Awareness Month. To make you aware I will tell you about some shocking statistics. The National Coalition Against Domestic Violence says that:
2-6 million women are victims of abuse each year. Experts estimate that 50% of females will be battered at least once in their life. The State of Mass claims that if a woman is killed by her husband or lover every 22 days. The US government statistics say that 1 woman is abused every 15 seconds. Abuse is the #1 cause of injury to women.
I was appalled by what I learned in the research I did. The criminal justice system keeps women in abusive situations. A study showed that some male professions had much higher rates of abuse than others; There is a high incidence among police, doctors, lawyers, executives, professors, and elected officials. Because of this, I am focusing on the police, the court system, and the self-defense law. I plan to show why I think the problem is actually worse today.
The abuse was not seen as a social problem until the 60s and 70’s when feminists brought it to public attention. These feminists had a hard time getting started because they couldn’t find anything in libraries about the problem; they found lots of complaints of abuse though in the files of social workers. The University of Michigan Law School found abuse information hidden under other categories in police and hospital records. They faced a conspiracy of silence – a tradition of domestic privacy. Wife beating HAS a history, but it was deliberately undocumented – kept behind closed doors. By keeping it behind closed doors the law and society trivialize it and continues widespread ignorance about its prevalence and brutality. The abuse was always an epidemic without fear of interference.
Things started to change in the mid ’70s. The National Organization for Women then started the first task force on wife assault which led to the development of the first shelter. In the mid 70’s conjugal privilege changed to marital rape. The conjugal assault was LEGAL in some states through the early 70s.
Historically the female role was to support and nurture her loved ones under any circumstances; unfortunately, some of us feel that obligation to “stand by our man” regardless of the cost to ourselves. The violence is tied to a sense of male privilege and power along with the fear of femininity. One male author who counsels abusive men calls if the “Failed Macho Complex” or an overreaction to the male sex role. These men are violent because they do not see themselves as living up to the male sex role.
Three reasons have been noted for the changes that took place in the 70s: work on child abuse and national sensitivity to violence due to the Vietnam War.
Isn’t this about the time we took the “Obey” out of wedding vows?
The late 70s witnessed the establishment of congressional committees, the civil rights commission, and other government agencies started to study the problem; they began to introduce laws to protect women.
Wife abuse was not seen as a social problem until the 60s and 70’s when feminists brought it to public attention. Feminists, in their initial research, had difficulty finding out about the problem because there was nothing to be found in libraries. There was a conspiracy of silence due to the tradition of domestic privacy; the history of abuse was kept behind closed doors and deliberately undocumented. They found, however, files stuffed with complaints of abuse in the offices of social workers. The University of Michigan Law School found abuse statistics hidden under other categories in police departments and hospital records. They knew that when history was uncovered it would be a culture shock. The abuse was always an epidemic – it went on without fear of interference.
The National Organization for Women started the first task force on wife assault in the mid ’70s. It wasn’t until the mid 70’s that conjugal privilege was seen as marital rape; the conjugal assault was legal in some states till the early 70s. The law trivializes abuse when it says that it’s a family matter and lets it stay behind closed doors. There had been widespread ignorance about its prevalence and brutality.
Historically our female role was to support and nurture our loved ones under any circumstances. Violence is tied to a sense of male privilege and power and a fear of femininity. Unfortunately, some of us feel that obligation to “stand by our man” regardless of the cost to ourselves.
A male author who counsels abusive men calls it the “Failed Macho Complex”; an overreaction to the male sex role. He thinks these men are violent because they don’t see themselves as living up to the male sex role.
One author sees 3 reasons for the change in the ’70s:
-work recently done on child abuse led them to learn about wife abuse
-the nation as a whole was more sensitive to issues of violence as a result of the Vietnam War.
-an increase in the feminist movement.
Another author sees it in terms of movements:
-the Woman’s Movement of the ’60s and the Antirape
The movement of the early ’70s led to the shelter Movement in the late ’70s. They say that the feminist movement sensitized females to sexism.
The late 70s brought about some changes in the US. Congressional committees began to study abuse; the civil rights commission and other government agencies began to study the problem and laws to protect were being introduced.
When I learned of a study done on which professions among men had the highest incidence of abuse I knew what I wanted to focus on; were: police, lawyers, doctors, elected officials, professors, and executives. These are all jobs in which the men have power over others. How surprising should it be that they may be more inclined to want power over their wives?
The Police
A government study in 1984 called the “Final Report of the Attorney General’s Task Force on Family Violence” said that the police failure to arrest was one of the most serious aspects of domestic violence. Most of the police are men and have been socialized to varying degrees to believe that a man has the right to discipline his wife; there is a high incidence of wife abuse among the police. Police protection is ineffective; in the late 70s half the reports were never filed.
The police are known to fail to save evidence, fail to respond to calls, or respond late, and try to bully women out of pressing charges, i.e. “Who’s going to pay your bills when he’s in jail”? The police get frustrated because the women frequently decide not to file complaints after they have gone out to the house; they see this as her desire to be beaten; she decides not to file because she realizes that it means facing a punishment more violent than she has just gone through. The police do not offer protection to these women so how can we expect them to press charges? Experts estimate only 10% of women even call the police; police departments around the country report a very high incidence of calls.
Another problem is that police get frustrated because women so frequently don’t sign a complaint after they have the police come out; she decides not to because she fears violent punishment; they see it as her desire to be battered. However, since the police can’t offer protection, as they say they can’t do anything about “mere” threats how can she be expected to press charges?
The police have “stitch rules”, to judge the severity and visibility of injuries, and they use this as criteria to arrest. An advice book for abused women gives the following advice:
check with your local police on what the laws are in your area; do they have a mandatory arrest law
decide what you want them to do ahead of time
be sure to get case # and copy of report
practice the call saying, “I’m being beaten, give the address and then details – DO NOT TELL THEM IT IS YOUR HUSBAND DOING IT!
Police call patterns have the ability to predict and prevent murder. Studies show 50% of all fatalities had called 5 times and 80% had called at least once in the last 2 years.
Experts estimate that only 10% of women actually call the police; the police departments report that the number of calls they receive is very high. Police dispatchers screen the calls; the police get mad if they go out to a domestic violence call and don’t think that the injuries are serious enough.
A study done in the late 70s showed that half the police reports were never filed – police protection was very ineffective.
A handbook that offers advice to abused women who want to get out despite the system was given this advice:
-call the local police to find out what the laws are in your area to see what they will do. Does your county have mandatory arrest laws?
-decide ahead of time what you want to be done within the local laws.
-get the case number and a copy of the police report.
-Practice saying “I am being beaten, my address is……”, DO NOT tell them it is your husband or lover.
Police reports can predict and could even prevent murder; it has been found that 50% of fatalities had called at least 5 times in the last and 80% had called at least once.
I inquired about what the police would do in my area (DuPage County) if I were a battered woman. I learned that my county has a mandatory arrest law, which means IF the police determine that there IS evidence they must arrest him. I was told that this county is much better than most. The police are also required to notify the local shelter of all calls that they receive; they also have mandatory counseling the abuser must go through (20 weeks) if arrested. They have a victims advocate program which will help a woman find a shelter out of state if needed. (studies show that if men are jailed they are a little less likely to re-batter). This is a model pilot program – in 1990!
The Court System
The Civil Rights Commission says that the criminal justice system fails women at every step of the way when she tries to get away from abuse. Prosecutors, police, and society do NOT see wife abuse as a REAL crime. Judges see women as trying to manipulate the system to control their husbands and settle quarrels. The justice system sees wife abuse as a private matter; courts see their role as holding the family together despite the cost to the women.
Courts are still today uncomfortable with domestic violence, they still see it as a private family matter; prisons are overcrowded and so they are lenient on abusive husbands. Unless batterers are treated as other criminals the courts are not protecting women. The courts see their role as that of holding the family – even if it is at the woman’s expense. Woman abuse is treated as a civil matter; if a stranger beat you up, stabbed you, or repeatedly bashed your head into the concrete wall it would be a felony and they would be treated as a criminal. If your husband does it is either not prosecuted at all or treated as a misdemeanor – a civil matter! Unless batterers are treated like other criminals the courts are not protecting women at all.
April is an example of a woman trying to help herself within our system. She filed for divorce, and got a restraining order to keep her husband away – just what she must do to try to protect herself from his “mere threats”. Her husband broke into their house and stabbed her from her throat to her pubic bone. He went to jail, got out on bail, and killed her and himself. Studies have shown us that to get out of the situation the woman MUST leave. It’s when she leaves that she is killed; men panic with the loss of control, it is rare for a woman to be killed while living with a man. The courts do not take threats seriously yet studies show almost all women who were killed were given “mere” threats.
An example of Lisa whose husband was in jail for gross abuse; she asked that she be notified if they let him out for any reason because she knew that he would kill her; they let him out on a work furlough, and he went straight to her house, broke in, dragged her outside and beat her to death with a gun butt in front of the neighbors.
Of 90% of women who filed complaints less than 10% were ever prosecuted. The district attorney can decide whether or not to prosecute. One book advising women said you must know what you want to be done because if you don’t the prosecutor will do what he sees fit. You may even have to demand another prosecutor. The prosecutor can deny taking a case to trial for these reasons. Even if you want to go to court he can deny it if he thinks:
-the injury is not serious enough
-the man says that he didn’t mean to do it
-not enough evidence (no witnesses, studies show almost all domestic
-violence takes place without witnesses).
-the husband has no past criminal record (studies show that these men are usually only violent towards their wives and kids).
They recommend women demand another prosecutor if he denies taking it to court.
Your success at the trial, if you can get this far depends on:
-convincing evidence (witnesses)
-whether the judge sees abuse as a crime.
-how hard the prosecutor works
-whether there are programs in your area to counsel these men.
-whether the man seems sorry.
-whether the man is seen as a solid citizen.
When the legal system imposes its prejudices on women they commit crimes of “omission” and give the husband a license to abuse. This judicial insensitivity and tunnel vision send her right back to the batterer. There is a lot of research around today to inform judges about the facts in domestic violence:
-men get worse as they get older
-it is never an isolated incident
-the woman is always in danger
-the threat of violence is constant, it’s not a question of whether will he do it again, its when, how bad, and will he kill her this time? The courts ignore what studies show:
these men get worse as they get older
it is never an isolated incident
the woman is always in danger
The threat of violence is constant
Being married to the batterer can work against the woman too.
Unless you have filed for divorce the courts will not issue a restraining order; judges are reluctant (in some states forbidden) to keep a man off his own property – she the victim must leave. In the last few years some states have been allowing the use of expert witnesses to educate judges and juries about the psychology of abuse. About how it is like what happens in concentration camps – learned helplessness. But the judge can decide if he thinks it is needed in each case; if he thinks it was an easy murder case he can disallow it.
Being married works against you. You must file for divorce to get an order of protection. SHE the victim, must leave.
The Self Defense Law
The law does not “fit” women. In 1977, the usual defense for a woman who killed her husband was temporary insanity; most went to jail and were found guilty of murder. Women have not had the right to use the self-defense law equal to men.
On the surface, the law does not discriminate, but in its application it does. The law was written to be genderless, but we don’t SEE the woman as defending herself when she kills her abusive husband. The self-defense laws evolved over the centuries and were made to “fit” what men ran into: bar room brawls that went to far, robberies and incidents where someone threatened them with a lethal weapon.
The self-defense law requires:
-threat with sufficient potential harm, how does a woman prove she knows there is sufficient potential harm?
-the harm must be imminent – even if it is the court will ask why didn’t she leave if he did this before.
-you must try to escape and prove it – goes with why didn’t you leave.
-must threaten with lethal weapon – men frequently do NOT use lethal weapons they use fists, feet etc.
The law assumes men of equal size and strength. If a wife is beaten without a lethal weapon, no matter how savagely, it is NOT seen as a felony, it is almost universally treated as a misdemeanor assault. Even in states where it is a felony, it may be of no avail to a woman who kills her husband. Men’s situations are different than an abused women. With men it frequently occurs in public, women don’t have witnesses, and studies show a woman is likely to be beaten to death in a bedroom). is with a stranger, is with another man of equal strength and size (if this is not equal the courts have considered this). They are usually isolated incidents.
Women can’t use the law equally as it is:
-wife beaten without a lethal weapon, no matter how brutal NOT seen as a felony
-almost universally seen as a misdemeanor; even if in a state that it is a felony it will not help a wife that kills him
-men don’t usually use weapons – fists, feet, pushing
-must only kill while being beaten – not before or after
-women’s situations are different than men’s, but the law does not consider this. With men:
-it usually happens in public (stats show women likely to be beaten to death in a bedroom)
-is with a stranger
-is equal in size and strength
-can try to escape without society making him go back to a situation
-are isolated incidents
In 1977 the usual defense for a woman who killed her husband in order to defend herself was temporary insanity – most went to jail after being found guilty. Studies show women rarely kill #1 and if they do it is after repeated beatings and threats of murder and know they are about to face another assault.
In the last few years, there have been a few women who were found innocent because the courts are now allowing expert witnesses to teach about the syndrome of battered women. However, the judge can decide if this is a waste of the taxpayer’s time.
Women then must only kill him during a beating, while he is threatening to kill her – not before or after. Studies show that women rarely kill and when they do it is after being repeatedly beaten and threatened with murder.
Caroline is a good example. In 1979 she shot her husband while he sat in a chair 4 feet away. Guilty 20 years.
The Violence against women Act of 1990 says that gender-motivated crimes will be categorized as hate or biased crimes and will be seen as civil rights violations. It will double the federal penalty for rape and will require restitution for sex crimes. Will also add funds for shelters (there aren’t federal now), and add special units to the courts for spouse abuse. Will also:
-add federal money for shelters (none now)
-add money for enforcement
-add special units in courts for spouse abuse.
As research grew in the area of wife abuse the courts began to allow the use of expert witnesses to testify about the syndrome involved; feminists were claiming that jurors were not educated in the syndrome so couldn’t make a fair decision. They started to allow an expert to tell them that the syndrome is similar to what happens with prisoners in concentration camps and how learned helplessness works. However, this only looks like progress because the judge does not have to allow it if he thinks that the jurors can see easily that this woman just picked up the gun and killed him. There have been some recent cases where a woman got off; it is feared that we will be giving women a license to kill if we let them off.
Violent crimes against women have escalated in recent decades; criminologists have seen a surge in serial murders which are almost always white men against females. See a backlash against feminism – not the fault of feminism – a patriarchal culture terrorizes us whether we fight back or not, but when male supremacy is threatened the terror intensifies. It is unspeakably painful for women to think about men’s violence against them. Disbelief and contempt that we face when we speak out are traumatic and can be life-threatening. So we deny and repress to cope.
Bibliography
Barb. (1990). Counselor, Family Shelter, Glen Ellyn, IL
Cmar, Joan. (1982). Counselor, Haven House Shelter, Hammond, Indiana
Gillespie, Cynthia, J.D.. (1989). Justifiable Homicide
Gondola, Edward. (1989). Man Against Woman
Hazelhood-Shupe, Stacey. (1987). Violent Men, Violent Couples.
NiCarthy, Ginny & Davidson, Sue. (1989). You Can Be Free
Okun, Lewis. (1986). Woman Abuse
Roy, Maria. (1977). (Ed). Battered Woman: A Psycho-Sociological Study of Domestic Violence.
Walker, Lenore. (1979). The Battered Woman
(1990, June). Good Housekeeping
(1990, Sept\Oct). MS
(1987, September). MS
(1989, March 27). Time
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