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Charged with Crime: Women’s Use of Violence in Charged with Crime: Women’s Use of Violence in Heterosexual RelationshipsHeterosexual Relationships
Shamita Das Dasgupta, Ph.D., D.V.S.Shamita Das Dasgupta, Ph.D., D.V.S.Aarohan-2013 Aarohan-2013
BackgroundBackground Research CategoriesResearch Categories Intimate abuse is gender neutralIntimate abuse is gender neutral Women’s violence against male partners is self-Women’s violence against male partners is self-
defense and/or retaliatorydefense and/or retaliatory Women’s violence has multiple corollariesWomen’s violence has multiple corollaries Research tool: CTS & CTS2Research tool: CTS & CTS2
Mandatory, Preferred, & Pro- Arrest Mandatory, Preferred, & Pro- Arrest PoliciesPolicies
Slides prepared by:Slides prepared by:Shamita Das Dasgupta, 2013 Shamita Das Dasgupta, 2013
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Fatalities Committed by South Asian Women in the U.S.
Women: 12 (murder: 5; murder/suicide: 4; attempted suicide with DV related murder: 3)
Men: 9 (murder: 7; attempted murder: 2) Children: 15 (murder: 10; attempted murder:
5) TOTAL: 36 (1996-2012)
Women Charged with Crimes in the South Asian Community
In situations where women have killed their male partners: Marriage is relatively new Presence of pornography Coercion to act out pornography Lack of information re: available assistance
Where OFP is against her: He is more familiar with the legal system She trusts him to protect her She is fearful of tarnishing family reputation
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When she calls the police… At the scene …
She
• Called the police• Crying, screaming• She talks about her
behavior and actions• She takes
responsibility• How can I help him?
He
• Tried to stop her from calling
• Calm• He talks about her
behavior and actions• It’s not my problem• If she hadn’t …• She is mentally ill
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BEHIND THE SCENES?BEHIND THE SCENES?
Her Arrest & Conviction Her Arrest & Conviction Have an Impact OnHave an Impact On
DV shelters’ willingness to accept herDV shelters’ willingness to accept her His ability to use arrest & incident His ability to use arrest & incident
details against her at “home”details against her at “home” Her public benefits including housing
& financial aid Her employment and/or schooling Her immigration status
When she is arrested
What are the Assumptions?
What should she look like?What should she look like? CompliantCompliant
HelplessHelpless
Quiet - unprotestingQuiet - unprotesting
Seeks HelpSeeks Help
Protects Her ChildrenProtects Her Children
Looks Beaten DownLooks Beaten Down
CryingCrying9
If she isn’t, then…If she isn’t, then…She is:She is: Psycho-bitchPsycho-bitch LiarLiar ManipulativeManipulative PMS’ingPMS’ing Doesn’t Look BruisedDoesn’t Look Bruised Doesn’t Protect Her KidsDoesn’t Protect Her Kids Violates “The Code”Violates “The Code” Femi-naziFemi-nazi Mentally illMentally ill Planned to get immigrationPlanned to get immigration
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LanguageLanguage
1111
Use of Force…refers to physically, verbally, and emotionally
detrimental behaviors used toward an intimate partner…to gain short term control of chaotic,
abusive and/or battering situations.
(Dasgupta, 2002; House, 2001; Larance, 2006; Osthoff, 2002)
Understanding Women’s Use of Force
Women are not “naturally” non-violent Different cultures support various degrees of
violence by women Infrastructure developed to deal with domestic
violence has not made provisions for women who use violence
“Battering” has to be distinguished from “violence”
What is Battering? Battering is a systematic course of action Battering is a tool of intimidation, control, &
subjugation Battering may or may not be established by
physical and/or sexual violence Not all conflicts can be termed “battering” One’s entitlement to power plays a major role
in a battering relationship
Definitions of Battering
Narrow: Only physical assault -- Used by academic & researchers (Straus, 1999)
Goal: End all physical assaults
Broad: Coercive control -- Used by service providers & activists
Goal: End oppression of women
Characteristics of Women’s Use of Force in Intimate Relationships
The majority of women who use violence against their male partners are battered women
Women’s abusive behavior tend not to produce desired outcome
The injuries resulting from men’s and women’s violence are significantly different
““I had had enough.”I had had enough.”- Sadia- Sadia
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Advocacy Model Criminal Legal System
Survivor
Person who experiences a pattern of coercive power
and control by another over time.
Victim
Person against whom a crime of battery has been
committed.
Batterer
A person who establishes a pattern of coercive power and control over another
person over time.
Perpetrator
Person who has been convicted of committing a
crime of battery.
Connie Burke, 2004, for the Northwest Network of BTLG Survivors
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Contrasting Men’s and Women’s Use of Force
Patriarchy endows the male gender role with authority, dominance, & power
Cultural ideals of femininity encourage subservience, passivity, & dependence
Culture and institutions of a society provide moral & material support for male violence in intimate relationships
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In Court…In Court…
““I believed if I just told the whole truth I believed if I just told the whole truth then everything would be fine.”then everything would be fine.”
- Minoo, South Asian woman- Minoo, South Asian woman
Women’s Use of Women’s Use of Force Increases:Force Increases:
His violence His violence toward her and, therefore, toward her and, therefore,
risk to her safety risk to her safety (Swan and Snow, 2002).(Swan and Snow, 2002).
Likelihood that she will be injured Likelihood that she will be injured
severely by her male partner severely by her male partner (Archer, 2000).(Archer, 2000).
Risk that she will use force again Risk that she will use force again
putting putting her her at increased risk of future at increased risk of future
harm harm (Larance, 2006, 2007).(Larance, 2006, 2007).
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Factors in Women’s Use of Force
Consider context of violence Consider history of battering and victimization Understand intent of behavior Assess predominant aggressor Develop educational program Strengthen advocacy
“She is Not a Survivor” (Are You Sure?)
“It was just a fight with another woman.”
“But her husband is a great guy…”
“She says she is not afraid of him.”
Does she dread his presence?
Does she dread his findings?
Does she dread what he can do to her if she doesn’t comply with his demands?
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Pertinent Issues in Advocacy
Differentiate abuse, battering, power and control
Understand women’s use of violence historically and contextually
Assess problem of substance abuse Explore behavioral alternatives Understand the role of race, class, ethnicity,
nationality, and residency status
Three-Step Response
Train police to distinguish “self-defense” in South Asian women
Train public defender to avoid plea bargaining by assessing context violence
If there is history of battering, diversionary procedure is evoked: Court ordered to counseling/educational program Upon successful completion, record is expunged
Help practitioners understand South Asian women may feel there is no ‘legitimate’ way they can escape abuse
Give women a chance…
Understand
Educate
Advocate
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