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HEAVY HANDS - University of Idaho · PDF file nothing thicker than his thumb ... Better laws, support, sanctions have reduced rate since 1993 . Child Abuse ... Psychological abuse

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  • HEAVY HANDS

    Chapter Two

    History of Violence in the Family

    Dr. Babcock

  • Ancient Times

     First laws: Code of Hammurabi, Dracon, Solonian Codes, laws of Romulus

     Woman property of father or husband (chattel)

     Woman could be killed for smallest offense

     Women not allowed to participate in government or court proceedings

     Divorce only granted to husband

     Christian Church followed Roman tradition; St. Constantine executed his wife in 298

  • British Common Law (BCL)

     Patriarchy supported

     Upon marriage man and woman become one & the one is the man (Blackstone); no legal rights for women

     Evidence of legal restrictions on extent of abuse but it continued

     “Rule of Thumb” purported legal ruling whereby husband may beat wife with nothing thicker than his thumb

     BCL adopted in America

  • French Law

     1793 Olympe de Gouges executed for writing Declaration of Rights for Women

     Napoleon formalized the civil code in France:

     women as legal minors entire lives

     could be beaten, punched, and permanently disfigured

     Napoleonic Code influenced French, Swiss, Italian, and German law

     divorce rare intervention; only when beatings = attempted murder

  • Early America

     Followed British Common Law (BCL)

     Puritans decried wife beating; first to prohibit IPV through legal system

     Massachusetts Code of 1648: married woman should be free from physical correction by husband

     American Revolution weakened earlier gains toward protections for battered women

     Bradley v. State (1824) declared wife- beating as husband’s right

     By 1870, wife beating unpopular as was child abuse

  • African & Native Americans

     Slaves: no legal protections; subjected to abuse from owners

     After the Civil War, African Americans were granted right to marry

     No interracial marriage until 1967 (Loving v. Virginia)

     Native American societies: matriarchal; no child abuse

     Indian children sent to boarding schools by White Europeans; women’s rights eroded; violence introduced by Europeans to control family members

  • Family as Private Sphere

     By 1870s, husbands unable to claim legal right to beat spouse (with no permanent injury; see State v. Oliver (1871)

     Battering continued behind closed doors (family as private sphere)

     Both stitch rule and curtain rule used by police to determine whether to arrest in DV call

     Twentieth Century ended legal protections for wives in DV; lack of interest by courts

     1960s IPV & child abuse came to courts’ attention again

  • 20th Century America

     DV and child abuse emerged as social issues in 1960s

     DV classified as misdemeanor & private within family

     Law enforcement officers (LEOs) not allowed to intervene unless abuse witnessed

     LEOs trained to separate parties for cooling-off

     New legislation needed to overcome police noncompliance

     Debates centered on most appropriate type of intervention

  • Family Violence Today

     Family violence groups: child (CA), elder (EA), intimate partner (IPV)

     Not all violence is criminal; state laws vary

     Family violence must be forbidden by law and perpetrator related to victim

     Survivors of family violence cross all classes, rich, poor, black, white, old, young, lesbian, gay, married, dating, highly educated or not

  • Intimate Partner Violence (IPV)

     Intimate partner violence: violence committed in adult intimate relationship, regardless of sex, part of ongoing complex pattern of violent behavior

     Control accomplished through limiting money, employment, housing, or educational opportunities

     Social isolation common

     Physical, emotional, psychological or sexual assaults

     Unchecked, domestic violence increases in frequency and severity

     Better laws, support, sanctions have reduced rate since 1993

  • Child Abuse

     Neglect most common form of abuse

     Any act committed against a child by caretaker that causes death, harm, or risk of harm—physical, sexual, or psychological; failure to provide care

     Every state has department devoted to protection of children (CPS)

     Two levels of protection:

     Civil: child protective services

     Criminal: abusers may receive fines or jail time

     Child maltreatment occurs at higher rates than intimate partner violence

  • Elder Abuse

     May involve physical, sexual, emotional/psychological violence; neglect, abandonment, or financial exploitation

     Two primary forms: domestic and institutional

     Abuse either criminal or civil

     Abuse may require social service intervention and mandated reporting by officials;

     Reporting requirements vary greatly from state to state

  • Family Relationships

     Domestic or family relationship typically defined by blood, marriage, relationship, and cohabitation

     Legal definitions vary slightly from state to state

     Same-sex relationships where the persons reside as married are considered domestic

     Offender not determined by sex, size, or age, but by relationship of victim and offender

  • Important Concepts

     Code of Hammurabi

     Draconian laws

     Kyrios

     Solonian Codes

     Patriarchy

     British Common Law

     Primogeniture

     Loving v. Virginia

     Boarding schools

     Curtain Rule

     Stitch Rule

     Family Violence

     Intimate Partner Violence (IPV)

     Neglect

     Physical abuse

     Psychological abuse

     Sexual abuse

     Elder abuse