How Feminist Theory Became (Criminal) Law: Tracing the Path to Mandatory Criminal Intervention in Domestic Violence Cases

Abstract

Our popular understanding of domestic violence has shifted significantly over the past forty years, and with it, our legal response. We have moved from an interpretation of domestic violence as a private relationship problem managed through counseling techniques to an approach that configures domestic violence first and foremost as a public crime. Mandatory criminal intervention policies reflect and reinforce this interpretation. How we arrived at this point, and which understanding of domestic violence facilitated this shift, is the focus of this Article. I argue that the move to intense criminalization has been driven by a distinctly feminist interpretation of domestic violence, what I call the feminist understanding of domestic violence as patriarchal force. I demonstrate how this understanding grew out of a feminist rejection of alternative theories of domestic violence, specifically psychological and “family violence” theories, and was informed by earlier radical feminist theorizing on rape. I offer this account as a contribution to the ongoing feminist debate over mandatory policies, suggesting that for feminists looking to reform the current system, a different interpretation of domestic violence may be a necessary starting point

Trends in the Implementation of the Istanbul Convention

“…Until the emergence of feminist movements, violence between intimate partners and spouses was considered a private and personal problem between two people. Such acts and violent behaviors were thought to be a consequence of personality disorders which could be addressed through counseling and psychological treatment (Houston, 2014). The concept of violence against women and domestic violence was defined in different ways, but each definition also had certain shortcomings.…”

Constituting Child-to-Parent Violence: Lessons from England and Wales

“…Given this conceptual slippage, it is apposite to examine the discourses that frame intimate partner violence to determine what it means for CPV to suggest that the two are somehow similar. Feminist representations of intimate partner violence have significantly shaped conceptions of (and responses to) men's violence against women (Houston 2014).…”

“…18 Representations of CPV sit within broader discourses of domestic violence. Houston (2014) contends that in the USA, feminist understandings of intimate partner violence as patriarchal force have driven the criminalization of domestic violence policy, resulting in mandatory criminal interventions in domestic violence cases. Official statistics for England and Wales depict intimate partner violence as highly gendered, with women more likely to experience all types of domestic abuse than men (Office for National Statistics 2019).…”

Domestic and family violence behaviour change programs: An examination of gendered and non-gendered frameworks

“…During the mid-1980s many Western democracies saw the emergence of Behaviour Change Programs (BCPs) aimed at men recognizing, addressing, and changing their violent behaviours towards women (Day et al, 2018). Houston (2014) acknowledges the key role that feminism played in developing this area of work. However, as the times changed, it became apparent that DFV was not just a problem faced by one singular group, and as such, questions regarding domestic violence as a gendered issue began to emerge (Bates et al, 2019).…”

“…However, as the times changed, it became apparent that DFV was not just a problem faced by one singular group, and as such, questions regarding domestic violence as a gendered issue began to emerge (Bates et al, 2019). It was proposed by feminists that domestic violence be viewed as the male oppression of women, thereby rejecting other forms of oppression (Houston, 2014).…”