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Introduction
Domestic violence has a long history which is closely connected to the development of womens rights and the protection of women by the law. In many patriarchal cultures, women historically were perceived as mans property. Therefore, protecting women from domestic violence was impossible for a long time due to the lack of opportunities for direct intervention from the authorities. The resolution of the issue continues to develop in modern history. Therefore, because the subject of domestic violence subject currently experiences the stage of active research, exploring the issue can identify whether the criminal justice system adequately addresses the issue in modern society. This paper will explore the latest developments on the subject of domestic violence, the long-term effects domestic violence has on victims, and discuss how criminal justice addresses the issue.
Discussion
Firstly, the latest spike in discussion on the topic of domestic violence took place during the COVID-19 pandemic. Then, social distancing policies required the population to stay indoors to prevent the spread of the virus. The policy unintentionally exposed many women to the risks of experiencing severe consequences of domestic violence due to the reduced possibility of intervention in violent situations.
Moreover, the pandemic imposed significant economic challenges on the population, which also contributed to disorders in family relationships. Thus, according to Piquero et al. (2021), the combination of factors of increased unemployment among the male population, homeschooling, financial insecurities, and insufficient coping strategies simultaneously increased the risks of abuse for women. Lastly, many worldwide organizations, such as the WHO and UNICEF, made extra efforts to raise the publics awareness about the possible risks of domestic violence for women during the lockdowns.
Furthermore, the study of statistical data on domestic violence during the pandemic defined that women from marginalized groups faced more risks of domestic violence during the pandemic. According to Piquero et al. (2021), the pandemic and its economic consequences disproportionally affected minority groups. Therefore, women in these segments of the population are more in need of protection from domestic violence. Thus, the lessons about domestic violence learned from the recent pandemic determine that women from marginalized groups are more likely to experience domestic violence. Furthermore, the experience demonstrates how social and economic pressures from epidemics or natural disasters can negatively affect family relationships and cause an increase in domestic violence. Lastly, the findings from the pandemic emphasized the importance of socialization for the disclosure of domestic violence.
Next, it is important to acknowledge the role of healthcare services in the disclosure of domestic violence. The current statistical data about domestic violence can be perceived as misleading because many domestic violence cases remain unreported. Moreover, victims of domestic violence often feel shame, fear, guilt, and powerlessness, which prevent them from disclosing with friends and family. Furthermore, the studies show that women seeking assistance from healthcare services form the decision to disclose domestic violence acts based on their interactions with healthcare professionals (Heron & Eisma, 2020). Thus, in cases where healthcare professionals exhibit negative attitudes or when victims perceive the emergency room environment as unsuitable for such conversations, victims tend to leave domestic violence cases undisclosed.
The latest initiatives in the protection of women from domestic violence propose screening of gynecological outpatients with two brief questions to facilitate disclosure among domestic violence victims. However, the study conducted by Kero et al. (2020) defined that even though such screenings can facilitate the disclosure of domestic violence, they are ineffective on the scale of the overall population. The study draws attention to additional barriers to disclosing domestic violence, including the issues intimate and stigmatizing character. Furthermore, the research conducted by Heron and Eisma (2020) defined that domestic violence victims have no idea about the state of affairs in the country due to the lack of available statistics. Thus, without available support from healthcare professionals or other women who encountered similar situations, women are forced to leave cases of domestic violence undisclosed.
Therefore, analyzing the evolution of the issue allowed forming several vital conclusions about domestic violence in modern society and the long-term effects these crimes have on victims. Firstly, the analysis defined that women from marginalized groups face higher risks of becoming victims of domestic violence. Furthermore, victims experience severe long-term effects such as feelings of shame, fear, guilt, and powerlessness, which prevent them from disclosing domestic violence cases. Currently, there is no defined procedure for health workers to facilitate the disclosure process for victims, which negatively affects the number of documented cases of domestic violence. Lastly, improving public awareness of domestic violence could help avoid the stigmatization of victims.
Furthermore, there are several issues in the way the criminal justice system addresses domestic violence. Firstly, due to the unique nature of domestic violence crimes, they can often be perceived as civil law cases despite the criminal character of the crime. In civil law cases, the main goal is to protect the victims safety which is achieved through protective orders. However, in such cases, the perpetrator faces minimal punishment, which does not stop them from causing harm to other women in the future. Thus, the criminal justice systems unwillingness to perceive domestic violence as a crime diminishes victims rights.
Next, the current interpretation of domestic violence in the criminal justice system primarily focuses on the aspect of physical abuse. In reality, domestic violence can be present in various forms, such as emotional abuse and coercive control or financial abuse. The paper identified earlier that women from ethnic minorities are more at risk of becoming domestic violence victims. The study by Day and Gill (2020) defines that cultural aspects make women from ethnic minority groups more prone to domestic violence in various forms, such as coercive control. Thus, by overly focusing on the physical form of domestic violence, the criminal justice system reduces the importance of other forms of domestic violence and leaves fewer rights for women from minority groups.
Lastly, in cases of direct physical violence, the criminal justice system uses outdated practices such as dual arrests of perpetrators and their victims. Such measures place additional pressure on the victims who already experience emotional distress. The dual arrests practice presents a significant barrier in the disclosure of domestic violence cases. Furthermore, women can be convicted for resisting physical violence from an intimate partner. Thus, the overall criminal justice systems approach to domestic violence cases can be perceived as inadequate.
Conclusion
In conclusion, this paper explored issues with domestic violence in modern society and how the criminal justice system addresses the issues. The research defined that the criminal justice systems approach to domestic violence can be perceived as inadequate because many elements in the system diminish the rights of women and women from ethnic minorities in particular. However, since the history of protecting women from domestic violence began relatively recently, the authorities have time to improve current shortcomings.
References
Day, A. S., & Gill, A. K. (2020). Applying intersectionality to partnerships between womens organizations and the criminal justice system in relation to domestic violence. The British Journal of Criminology, 6(4), 830-850. Web.
Heron, R. L., & Eisma, M. C. (2021). Barriers and facilitators of disclosing domestic violence to the healthcare service: A systematic review of qualitative research. Health and Social Care in the Community, 29(3), 612-630. Web.
Kero, K. M., Puuronenm A. H., Nyqvist, L., & Langen, V. L. (2020). Usability of two brief questions as a screening tool for domestic violence and effect of #MeToo on prevalence of self-reported violence. European Journal of Obstetrics & Gynecology and Reproductive Biology, 255, 92-97. Web.
Piquero, A. R., Jennings, W. G., Jemison, E., Kaukinen, C., & Knaul, F. M. (2021). Domestic violence during the COVID-19 pandemic Evidence from a systematic review and meta-analysis. Journal of Criminal Justice, 74, 1-10. Web.
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