Making Social Change

Abstract

The arrest of large numbers of women under laws originally designed to protect them from male violence tells us very little about women's use of violence against their intimate partners. However, it does tell us about the difficulties of organizing to protect women from violence and about some of the unanticipated challenges of engaging the legal and criminal justice systems as ways of protecting women from violence. The authors offer strategies that activists can use to advocate for women who have been victims of domestic violence and who have been arrested for using domestic violence.

The Impact of Primary Aggressor Laws on Single Versus Dual Arrest in Incidents of Intimate Partner Violence

“…Thus, officers appear to be unwilling to accept use of alcohol as an excuse for actions, being instead more likely to hold those under the influence to be more culpable. Encouragingly, and supporting the prior work of McMahon and Pence (2003) and Dichter et al (2011), dual arrests were twice as likely to be made in states without primary aggressor laws, thus indicating that these laws are having the desired effect if officers determine the primary aggressor in situations of intimate partner violence.…”

“…There is not a great deal of research that has examined the impact of primary aggressor laws. Although specific numbers are not provided, McMahon and Pence (2003) reported that in Duluth, Minnesota, the female arrest rate decreased after a primary aggressor policy was enacted. The process took almost 3 years to successfully implement and required the support of highly regarded officers (McMahon & Pence, 2003).…”

“…Although specific numbers are not provided, McMahon and Pence (2003) reported that in Duluth, Minnesota, the female arrest rate decreased after a primary aggressor policy was enacted. The process took almost 3 years to successfully implement and required the support of highly regarded officers (McMahon & Pence, 2003). Likewise, in a national study, Dichter, Marcus, Morabito, and Rhodes (2011) found that dual arrests were slightly less likely to be made in jurisdictions with primary aggressor policies.…”

The Domestic Violence Protection Order System as Entry to the Criminal Justice System for Aboriginal and Torres Strait Islander People

“…When ATSI women fight back, they may be perceived to deviate from the stock expectations of the 'perfect victim' (McMahon and Pence 2003), or how a woman 'normally' behaves in response to DFV, and this may influence arrest and sentencing decisions. For example, some police and sentencing justices may expect women to be passive, vulnerable and unable to help themselves (Stubbs and Tolmie 2008) and women who fight back unsettle these expectations.…”

The Role and Impact of Primary Aggressor Laws and Policies

“…While specific data are not provided, McMahon and Pence (2003) reported that in Duluth, Minnesota, the rates for female arrests decreased after a primary aggressor policy was enacted. The process took almost 3 years to successfully implement and required the support of highly regarded officers.…”