Domestic Violence in Federal Court: Abused Women as Victims, Survivors, and Offenders

The reporting and help‐seeking behaviors of domestic violence victims with criminal backgrounds

“…Within these studies, victims had primarily committed drug‐based crimes; this is perhaps not surprising, given that drug‐related crime is often linked to experiences of domestic violence victimization (DeLisi, ; Jacobs, ; Jordan et al, ). Drug‐related crime can be a way of managing relations with abusive partners, particularly their drug selling activities, as well as a means of financing escape from partners, asserting a position of power, and avoiding perceptions of vulnerability (Epele, ; Gilfus, ; Raeder, ). Yet substance abuse also increases the risk of drug dependence, making victims even more vulnerable to victimization by intimate partners (Felson & Burchfield, ; Gover, ; Sterk, ) and thereby increasing the risk of criminal justice system involvement (McClellan, Farabee, & Crouch, ; Salisbury & Van Voorhis, ).…”

“…Second, the criminal justice system must make certain that all criminal justice practitioners (e.g., law enforcement and prosecutors) recognize that the differential treatment of victims based on their criminal history can cause significant harm, potentially compounding the secondary victimization many victims of domestic violence already experience at the hands of the criminal justice system (Kunst et al, ). Criminal justice practitioners, particularly law enforcement officers, must understand that a victim's prior status as “offender” does not negate her (or his) current status as “victim.” Victims of domestic violence who do not meet the standards of an “ideal” victim still deserve fair and equal treatment and support from criminal justice personnel (Erez & King, ; Raeder, ; Riger et al, ). Additionally, criminal justice personnel need to recognize that their actions towards victims of domestic violence, particularly those with prior criminal records, may encourage these victims to cooperate with and participate in the criminal justice process or lead them to abandon the system and deter them from reaching out again if they are revictimized in the future.…”

“…Criminal justice practitioners, particularly law enforcement officers, must understand that a victim's prior status as "offender" does not negate her (or his) current status as "victim." Victims of domestic violence who do not meet the standards of an "ideal" victim still deserve fair and equal treatment and support from criminal justice personnel (Erez & King, 2000;Raeder, 2006;Riger et al, 2002). Additionally, criminal justice personnel need to recognize that their actions towards victims of domestic violence, particularly those with prior criminal records, may encourage these victims to cooperate with and participate in the criminal justice process or lead them to abandon the system and deter them from reaching out again if they are revictimized in the future.…”

Victims and Criminal Justice: What's Next?

“…In her contribution to this issue, Myrna Raeder draws our attention to the victims of domestic violence. 11 She canvasses the legal bases for federalizing such crimes and identifies some of the particular issues facing victims of domestic abuse in the federal forum. She notes the pervasive phenomenon of domestic violence victims refusing to cooperate with the prosecution of their abusive partners (belying the stereotype of strict victim-offender adversity) 12 and rejects an absolute rule either for or against victim control over the decision to prosecute.…”

Cultural Shifts: Addressing [Un]intended Consequences of the Fight Against Domestic Violence

“…I once mentioned in passing that although some think DV is not important enough to warrant federal attention, it is at the heart of a number of recent Supreme Court cases. 22 In her book, Suk painstakingly details how images of battered women seep through these cases and affect doctrine. Suk …”