Sunday, September 23, 2012

DOMESTIC VIOLENCE NEED NO LONGER BE DOMESTIC OR ...

WIDENING DV NETSix months from now courts will be operating under new guidelines for ?domestic abuse?. These words are written with quotation words because the meaning of the phrase, to paraphrase Humpty Dumpty, is what the writer intends it to mean. There is no absolute. It has a totally variable connotation. It originally described violence by men against a wife or intimate partner. The US Office on Violence Against Women (OVW) defines domestic violence as a "pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner". The definition adds that domestic violence "can happen to anyone regardless of race, age, sexual orientation, religion, or gender", and can take many forms, including physical abuse, sexual abuse, emotional, economic, and psychological abuse.

The women`s movement of the 1970s witnessed the beginning of attention paid to violence against women within an intimate relationship. The term Domestic Violence was first used in an address to the Parliament in 1973. Even at the close of the last century police were still often turning a blind eye to such violence. However about ten years ago the Metropolitan Police in a policy change announced that all such accusations would be investigated and charges laid even without the victim`s co-operation. Other constabularies swiftly followed. Specialised courts for DV trials were established and all J.P.s sitting in such courts underwent specialised training.

Notwithstanding the realistic limitations of intimate or family relationships in domestic violence situations the definition has expanded somewhat. I have sat on a DV designated trial where the accused perpetrator was the distant brother in law; his wife`s sister`s husband, the alleged victim; the families living in different towns.

Next March the new definition will be:- Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:

? psychological
? physical
? sexual
? financial
? emotional

Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.?

By widening the net to bring more defendants to court it is likely IMHO that the ratio of not guilty to guilty verdicts will increase.

Source: http://thejusticeofthepeace.blog.co.uk/2012/09/22/domestic-violence-need-no-longer-be-domestic-or-violent-14858231/

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