The causes and effects of domestic violence (Part 2)
This
article is the second part of a two-part series dealing with domestic violence.
In Part 1, I described what domestic violence really is all about and the role
that abusive men play in this terrible crime. That article was published in my
blog on Friday September 12, 2014. In
the second part of this series that I am submitting today to my readers is how this
kind of abuse has a terrible effect on the lives of women and children who are victims of
domestic violence.
Battered women suffer physical and
mental problems as a result of domestic violence. Battering is the single major
cause of injury to women, more significant that auto accidents, rapes, or
muggings. In fact, the emotional and psychological abuse inflicted by batterers
may be more costly to treat in the short-run than physical injury. Many of the
physical injuries sustained by women seem to cause medical difficulties in
women as they grow older. Arthritis, hypertension and heart disease have been
identified in battered women as having been directly caused or aggravated by
domestic violence suffered early in their adult lives.
The long term effects of domestic
violence can last for many years. Battered women suffer physical and mental
problems as a result of domestic violence. Battering is the single major cause
of injury to women, more significant that auto accidents, rapes, or muggings.
In fact, the emotional and psychological abuse inflicted by batterers may be
more costly to treat in the short-run than physical injury. Many of the
physical injuries sustained by women seem to cause medical difficulties as
women grow older. Arthritis, hypertension and heart disease have been
identified by battered women as directly caused or aggravated by domestic violence
suffered early in their adult lives.
Battered women who have been
employed have lost their jobs because of absenteeism due to illness as a result
of the violence. Absences occasioned by court appearances also jeopardize
women's livelihood. Battered women may have to move many times to avoid the
spouse who has subjected them to violence.
Moving is costly and can interfere
with continuity of employment. Battered women often lose family and friends as
a result of the moving away from the man who is battering them.
The batterers often isolate them
from family and friends. Battered women then become embarrassed by the abuse
inflicted upon them and many subsequently withdraw from support persons to
avoid embarrassment.
It is most unfortunate that some churches
have abandoned the fleeing women since some religious doctrines
prohibit separation or divorce regardless of the severity of abuse the fleeing
wives have been subjected to.
Many battered women have had to
forgo financial security to avoid further abuse. As a result they are
impoverished as they grow older unless they are employable.
One-third of the children who
witness the battering of their mothers demonstrate significant behavioral
and/or emotional problems, including psychosomatic disorders, stuttering,
anxiety, fears, sleep disruption, nightmares, excessive crying and school
problems. When a mother is abused, the
children may feel guilty that they cannot protect her, or that they are the
cause of the strife. They may themselves be abused, or neglected while the
mother attempts to deal with the trauma. The rate of child abuse is 6-15 times
higher in families where the mother is abused.
Children can get emotionally hurt
when they see their parents being yelled at, pushed, or hit. They may feel
confusion, stress, fear, shame, or think that they caused the problem. Such
children grow up learning that it's okay to hurt other people or let other
people hurt them. A third of all children who see their mothers beaten develop
emotional problems. Boys who see their fathers beat their mothers are ten times
more likely to be abusive in their own adult intimate relationships.
Boys who have witnessed their
fathers' abuse of their mothers are more likely to inflict severe violence on
their wives as adults. Data suggest that girls who witness maternal abuse may
tolerate abuse as adults more than girls who do not. These negative effects may
be diminished if the child benefits from intervention by the law and domestic
violence programs. But that wasn’t always available to them.
In the past, the police, lawyers, prosecutors
and even judges felt that they shouldn’t get involved in the so-called family
problems. Many of the women were encouraged to try to resolve their problems
with their spouses through civil channels. Many of those women who were trying
to escape their violent spouses found themselves traveling a path that took
them on a circular route to nowhere.
The problem was not a lack of laws covering
spousal abuse. The problem was that the existing laws were rarely enforced.
Sometimes the women took the law into their own hands and killed their violent
abusive husbands. Then they were sentenced to long terms of incarceration in
prison. In
reality, only a very small percent of battered women kill their abusers to end
the violence. Most suffer in silence or are able to leave the relationship.
When the police failed to help them, the
abused women turned elsewhere such as crisis centres (if they existed in their
communities) churches (if they were willing to assist them) shelters (if they
existed in their communities) or friends (if they had any). Many would flee to
their parents or siblings homes or the homes of other relatives but if the
battering spouse knew where they lived, they would stalk their fleeing wives to
catch them alone. Often they would barge into the homes of those who were
protecting their wives from them. There have been cases where the violent
husbands murdered their wives and those who were protecting them.
The first cry for help is to the police. They
expect them to come to their aid as white knights. I will tell you of a case
where the police did come as white knights carrying shining armour.
I was personally involved in that case and
every time I think of it, I get all tingly just remembering the joy I got when
the police actually intervened.
Back in the 1960s, while I was still practicing law, two
women I knew came to my home late during Christmas Eve. One of them was
carrying her two-month old baby in her arms. They were on welfare and lived in
a tenement house in Toronto. They told me that they had been kicked out of
their room by their landlord because they hadn’t paid their rent that had been
due for three days. They told the landlord that their welfare cheques hadn’t arrived
because of the onslaught of mail still not delivered because of the overflow of
mail during the Christmas season. He told them that when they get their
cheques, they could return. Then he kicked them out of his building and onto
the street with the cold snow blowing in their faces. I don’t even think that
Charles Dickens’ Scrooge would have sunk that low on Christmas Eve.
I put the women and the baby in my car and drove to the
building they lived in and while they were in my car, I walked to a nearby
phone booth and called the police. Hey. No-one had cell phones in those days. I
called an police officer I knew at headquarters and told him what had happened
to the two women. He told me that he would send some officers to meet us. They
arrived ten minutes later. They were big. When I say big, I mean, they were
really BIG.
The police escorted me and the two women and baby into
the building and to their room which was on the main floor and fortunately, by
then the door was still unlocked. Then they woke up the landlord and told him
to meet them in his office. We kept the women’s door slightly ajar so we could
hear what was going on the manager’s office.
Now this is the time when I get all fuzzy and tingly. I
will paraphrase what we heard.
POLICE: “Did you
throw two women and a baby out of their room tonight?”
MANAGER: Of course
I did. They are three days in arears with their rent money.
POLICE: “You threw them out in the snow on Christmas
Eve?”
MANAGER: “What
does Christmas Eve have to do with it?
They don’t pay their rent, OUT they get!”
POW…ohh….POW ohh…POW….ohhhh.
MANAGER: “You
can’t do that to me.”
POLICE: “Do what?”
MANAGER: “You are
assaulting me.”
POLICE OFFICER to other POLICE OFFICER: “Did you see anyone assaulting this man?”
OLICE OFFICER responding: “What assault? What man?”
MANAGER: “I will
file a complaint against you.”
POLICE: “Don’t forget to tell them how you also threw two
women and a baby out of your building on Christmas Eve.”
OTHER POLICE:
“When they learn what you did to these women and the baby on Christmas
Eve, the beating you get from them will make the beating you got from us seem
like we tickled you with a feather.”
MANAGER: “What do you want from me?”
OFFICER: “What do
you think we want you to do?”
MANAGER: OK. They
can stay as long as they want.”
The officers went to the room we were in and said to the women,
“Apparently the manager says you can stay as long as you wish.” Then one of
them said Merry Christmas to you.”
I replied, quoting Dickens, “And a Merry Christmas to
all.”
When the women got their welfare cheques later in the
week, they moved out and into another rental building. They didn’t pay the
former manager anything for the final week they were there. That was their way
of getting even with him for what he previously had done to them.
That Christmas was a happy one for all, except of course,
that Scrooge who had previously turfed two women and a baby out of his building
on Christmas Eve. All he got for Christmas was bruises as a result of his outrageous
conduct.
Here is a case that shows how stupid the police can be
when they don’t come to the aid of a battered wife. It happened in the city of Detroit. A woman beaten by her husband called 911. The
operator at 911 asked if the woman’s husband had a weapon. The caller said that
he didn’t. The operator replied, “I am sorry. We won’t be able to help you.”
Then the 911 operator disconnected the call. That call was made during those
years when the Detroit police had a policy not to intervene unless the husband
had a firearm in his house. Hey DUMMIES. Isn’t a kitchen knife a weapon?
And when the police would come to the home of a battered
woman, the police would tell her that laying a charge against her husband could
have financial repercussions if he loses his job because of him being sent to
prison. They would tell her that she and the kids could then end up on
penniless on the street. The result of the call? Lions one, Christians nothing
as the cops walk past the husband and out the front door leaving the Christian
with the lion whose jaw is still open ready to pounce on the helpless victim
again.
Research shows that when women
kill it is much more likely to be in self-defense than when men perpetrate
homicide. Battered women who resort to homicide have often tried repeatedly and
unsuccessfully to obtain protection from their abusers by calling the police
for help. If the community fails to help ensure battered women's safety through
law enforcement and other systems, it runs the risk that lives will be lost.
On January 19, 1996, in Stanton, Michigan, District Court
Joel Gehrke had convicted Stewart Marshall of spousal abuse when the man pushed
and threw his wife to the ground after she admitted having an affair with her
husband’s brother. As per the sentence, the judge told Stewart Marshall to
approach the bench and told him to roll up his sleeve. When he did, the judge slapped the man’s wrist with his three
fingers and then said, “Don’t do it again.”
What the man’s wife had done was wrong but so was the slapping of
Marshall’s wrist. It sent the wrong message to others who attack their spouses.
Most spousal abuse charges in the United States are misdemeanors with
possible jail time of six months up to one year and probation of up to two
years in most jurisdictions. Typically, a defendant is placed under a
restraining, or protective order that imposes limited or no contact with the
abused spouse, and orders to complete a batterer’s intervention program or
other counseling.
If a weapon was used to inflict physical injuries,
or the defendant has a criminal record of assault, the defendant will usually
be charged with a felony (indictable offence in Canada). Depending on the
circumstances of the abuse, the defendant’s prior record, and the severity and
pervasiveness of the abusive conduct, the defendant can face incarceration from
several months to 10 years in prison.
Admittedly, what Marshall did to his wife was very
minor but the judge could have at least ordered marital counselling as part of
the sentence.
Trevor Edwards of Newmarket, Ontario took all of his wife’s earnings, punched her in the
face, broke her nose and bruised her eyes. He once left her bloody and unconscious
at the side of the road. Despite his
lengthy record of spousal abuse, after pleading guilty to 12 charges,
including five counts of assaulting his ex-girlfriend Jessica McKenzie and
another count of unlawful confinement, in 2012, the judge sentenced him to three years in prison. However since he had been incarcerated for two
years in pretrial custody; he was given
credit based on the 1.5 for 1 formula and immediately released.
Sometimes women are forced to take steps to stop the assaults
of their abusive husbands when the police refuse to come to their homes after
they have phoned them. Take the case of Judy Hartwell, a 28 year-old housewife
living in Bellville, Michigan. She had endured beatings from her husband, once
with a sledgehammer and often with rubber hoses. He beat her once too often one
day and she stabbed him five times in his chest to ward him off. He died. Her
attorney told her jury that the killing of her husband was the result of a
moment of sheer desperation. I don’t know if she was convicted or not.
The victim and the police sometimes view the immediate
problem of the battered wife in entirely different ways. That being as it is,
it is very frustration to the wife when she realizes that she is on her own
without the intervening assistance of the police. When she calls the police, it
is for protection from her abusive husband. That is her right to demand
protection. She wants her attacker to be
taken away so that he will be prevented from attacking her again.
The police on the other hand, often view the complaint
from a different perspective. They believe that rather than arrest the husband
for violently attacking his wife, they are there to merely calm things down, to
keep the matter unreported and try to settle the matter without making an
arrest and going to court.
Now such thinking is appropriate when the attack only
involves a slap in the face. More often
than not, a strong lecture to the husband is enough to settle the matter once
and for all.
Unfortunately, that is not what happened to a friend of
mine. He is an architect and was also a governor of a University on Ontario.
One night, many years ago, he and his wife got into a very loud argument. H
went to the washroom to avoid her nagging him and when he tried to close the
bathroom door, his hand slipped and struck his wife in her face. She called 911 and seconds later, she
realized that the call really wasn’t necessary so she called back and said she
made a mistake in making the call.
It is the policy of all police forces that once the call to
911 is made initially, the police have to respond and in this case, respond
they did. When they arrived at the couple’s home, the wife said that her call
to 911 was a mistake on her part. But when they saw a bruise on her face (as a
result of the inadvertent slap) they asked the husband if he had somewhere else
to spend the night.
Now two mistakes were made at that precise moment—one by
the husband and the other by the police. The husband asked, “Why do I have to
spend the night somewhere else?” If he did, things would cool down and the next
morning, everything would be back to normal between him and his wife. He had other places he could spend the night.
The mistake by the police was a big one that would later cost them a lot of
money. They charged him with assault and arrested him.
They should have explained to him that spending the night
somewhere else would make it possible for the matter between him and his wife
to be settled when they are both more relaxed the next day.
But that is not why he later sued them. Before they put
him in the squad car, they handcuffed him and the cuffs were so tight, they
left permanent scars on his wrists. They refused to loosen them. When they
arrived at the police station, they ordered him to strip naked in front of a
closed-circuit TV camera in which the female officers at the front desk could
see him in all of his nakedness.
He was released on bail the next morning and called me
and asked me to represent him at his trial. During the trial, the prosecutor
was the senior prosecutor in the city. He treated the matter as an auspicious
moment to get the message across that you don’t strike your wife. What a dummy.
He could have chosen a case where serious injuries were the direct result of
the spousal abuse.
The wife testified that her husband’s hand had slipped
off the bathroom door and inadvertently struck her face while she was trying to
push the door open. She also said that after she made the initial 911 call, she
immediately tried to cancel the call.
It was then time for me to argue for an acquittal and as
I stood up to speak, the judge motioned me to sit down. He then said, “Mister
Batchelor. I don’t need to hear from you. I am satisfied that the slap was an
inadvertent mistake and for this reason, the case against you client is
dismissed.”
Then immediately after the judge ruled in my client’s
favour, the prosecutor asked the judge to order that my client consent to
certain conditions. Both I and the judge
were aghast. How stupid was that prosecutor? Really STUPID. The judge reminded
this idiot that once a defendant is found not guilty of the crime he was
accused of committing, a court cannot order the defendant to abide by
conditions after his acquittal.
Many people are of the impression that once a
wife is physically abused, she should pack up and leave.
There
are many reasons why women may not leave. Not leaving does not mean that the
situation is evidence that the victim wants to be abused. Leaving in some cases
can even be dangerous. The most dangerous time for a woman who is being abused
is when she tries to leave.
Many
abused women stay in the home for the children’s sake. Many remain home because they have nowhere
else to go. I should point out however
that many of these abused women do leave their home and the men that abused
them and settle down elsewhere without their abuser and lead peaceful and
productive lives.
People who feel that they are being abused in some manner
and the abuse is done a great deal of the time should get away from the abuser.
I remember many years ago going with a woman who consistently abused me
emotionally. I was often tempted to smack her face but I didn’t since she was
proficient in Karate. What I did choose to do however was simply leave her and
never have anything more to do with her again.
Here is another story you will like. I get all tingly
when remembering this one also.
One day in the mid-1990s, when I was working in a a
friend’s law office, a very sad woman came to see us. She wanted to escape her
violent abusive husband. My boss (an accomplished lawyer) came up with a scheme
that would solve her problem.
First of all, we found her an apartment where she and her
two sons could live. Then we arranged for her kids to be transferred to another
school with instructions to both schools that that the schools would not tell
anyone that about the school transfer without our client’s permission. Then we had her driver’s licence information
changed with respect to her address and the Ministry of Transportation agreed
not to disclose to anyone where she lived. Now came the best part of our plan.
While the brutish husband was at work, we arranged to
have movers go to her previous house to pick up all the furniture she paid for
which was all of the furniture in the house.
She left the hall mirror behind with a message written on it with a
black felt pen. The message was; “I have left you with our kids but you can
have the stove and fridge as I have one already in my new home. By the way, you
were terrible in bed. It was like having sex with a dirty smelly pig.” Now we all
knew that he would go berserk when he came home and read that message and
berserk he became. That was the day when
his neighbours heard him screaming so loud, his screams could be heard a block
away.
His wife wanted one more opportunity to wreak revenge on
him for all the years he beat her. As part of our plan, I called him at his
home and said when he answered the phone, “Do you want to know where your wife
is?” He replied, “Yes. Tell me where that bitch is.” I gave him an address that
was in Niagara Falls, Ontario. We had someone follow him from his home to a
point just east of Hamilton where the highway then heads towards Niagara Falls.
Now we all knew he was going to go directly to the house I told him where his
wife would be.
We later learned that when he knocked on the door of the
house I had sent him to, he told the frightened women that she was protecting
his wife and then barged into the house searching for his wife. The woman
called the police who arrived in minutes. Their speedy response was because she
was the wife of the chief of police. Two days later, he was released from
custody after he apologized to the chief and his wife. What fool said that
revenge isn’t sweet.
Often an abuser may apologize for the
physical abuse and promises that it will never happen again, If in fact it
doesn’t ever happen again, then that is good. However if there is a repeat of
the physical abuse, that is the time to leave. To remain under those
circumstance just causes the abuser to believe that there isn’t any
consequences to follow with respect to his or her abuse.
When
battered women are killed by their abusers, it frequently occurs after they
have been separated from them and their abusers have found them. That is why it is important that the abused women
who have escaped from their homes where the abusers live, should relocate
somewhere where their abusers will never find them. Imagine what would have
happened to our client if she hadn’t relocated where her violent husband could
never find her.
Domestic abusers may blame the victim for
causing the abuse, deny any abuse actually took place or even say that it was
not as bad as the victim claimed. That form of rationalization is generally
recognized as hogwash. Imagine an abuser who leaves bruises on his partner and
then tells the police that his partner’s injuries are not as bad as she claims.
The officers would then be sorely tempted to smack him around and leave some
abuses on him and then later say that his injuries are not as bad as he claims.
As I see it, each community that has more than 3,000
inhabitants should have shelters for woman and children who are suffering from
physical abuse from the man in the house. Woman and children living in
Communities who have less than 3,000 inhabitants should be able to go to
shelters in the nearest cities. Communities in larger cities should have
facilities that includes;
A 24-hour crisis line
An emergency shelter for battered
women and their children
Preparation for longer-term transitional housing
Shelter classroom for ‘at-risk’ children
Counseling and therapy
Support groups
Help with legal options
Hospital advocacy
Child development
An expanded network of emergency shelters and legal assistance including zaero tolerances have existed in Canada since the 1980s. In the province of Ontario, we have special courts that have specifically trained and experienced officials dealing with this kind of crime. Some jurisdiction are giving relatively cheap cellphones with special police numbers already put in them that be dialed by punching one number on the keypad. Certainly those persons who are accused of domestic violence and released on bail who then repeat the abuse while on bail should have their bail revoked and remain in custody at least until their trial is over.
For far too long, domestic violence has been framed and understood exclusively as a women's issue. While most attention is given to women who are abused by men, men are often overlooked victims of domestic violence. Men can be hit, kicked, punched, pushed, or bitten by women abusers. Women can also use weapons, such as knives, guns, or any object that can be used to strike. According to the Bureau of Justice Statistics Crime Data Brief in 2003, men in the United States accounted for approximately 15% of the victims of reported intimate partner violence. I don’t see why those figures would change that much since then. I don’t think these men need shelters to go to since they are the wage earners but there should places where they can seek professional help.
For far too long, domestic violence has been framed and understood exclusively as a women's issue. While most attention is given to women who are abused by men, men are often overlooked victims of domestic violence. Men can be hit, kicked, punched, pushed, or bitten by women abusers. Women can also use weapons, such as knives, guns, or any object that can be used to strike. According to the Bureau of Justice Statistics Crime Data Brief in 2003, men in the United States accounted for approximately 15% of the victims of reported intimate partner violence. I don’t see why those figures would change that much since then. I don’t think these men need shelters to go to since they are the wage earners but there should places where they can seek professional help.
Many children have also suffered at the hands of their
fathers and mothers as such, they also are victims of domestic violence. For example, the NFL’s Vikings’ running back,
Adrian Peterson has been accused of whipping his very young child with a
switch, thereby leaving bruises and cuts on his small body. In September 2014, in Beijing, China, a father tied his 12-year-old daughter to a ladder and
beat her to death with a rubber hose to get her to confess that she had stolen
some things from their home. Last year, a father in Mwenezi, a small district situated in southern Zimbabwe whipped his nine-year-old son to death after accusing him of
playing hooky from school. That same year, a disturbing video has gone viral of a father mercilessly
whipping his two teen-age daughters with a cable wire after he discovered that
the girls had posted a video of themselves performing a
sexually suggestive dance known as twerking on Facebook. In 2012, Chinese father whipped his six-year-old son to death
after the boy's teachers complained that he was extorting money from
classmates. In 2010, a father in Miami;
put on punching gloves and punched his two-year-old son to death. In 1944, I
was beaten for five minutes with a ski pole because I was fighting with my
younger brother and in 1948; I and my brother were beaten for the same length
of time with a leather strap because a farmer’s wife didn’t want us to live
with her on a farm.
Domestic violence takes all forms of cruelty and is done by both men and
women on their spouses or girlfriends or boyfriends and also on children of
both sexes and of all ages. In my opinion, the perpetrators of these crimes
should be severely punished.
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