... it is the worst oppression, that is done by colour of justice —Sir Edward Coke A sign that says “men only” looks very different on a bathroom door than on a courthouse door. —U.S. Supreme Court Justice Thurgood Marshall “Is Parkinson’s the toughest opponent you’ve ever faced, Muhammed?” someone asked. “Toughest was may first wife,” he said. —Former World Heavyweight Boxing Champion Muhammed Ali
Abstract
A great deal of sociological evidence has been collected in the past three decades on the prevalence of abuse among adult heterosexual partners in domestic relationships of some degree, of permanence. Partly as a result, of this information, partner abuse has been identified as an important social ill that must be addressed aggressively through public-awareness campaigns, the funding of a broad range of support services, and the re-training of law-enforcement authorities—including police, prosecutors, and judges. However, in at least one important respect, these policy initiatives diverge substantially from what the sociological data, which ostensibly motivates them, would indicate: they have been, to date, overwhelmingly gender specific. That is, partner abuse is routinely portrayed and acted upon as though it were almost exclusively about men abusing and victimizing innocent women and, by extension, their children—despite the overwhelming sociological evidence that a significant amount of abuse is also suffered by male partners. Persistent anecdotal reports from victims and even some participants in the law-enforcement system suggest that this ideological emphasis on the male as perpetrator has had a deleterious effect on the impartial administration of justice, resulting in men being treated much more harshly than women who are accused of partner violence. This study attempts to determine whether the anecdotes are scientifically supportable.
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References
Archer, J. (2000). Sex differences in aggression between heterosexual partners: A meta-analytic review. Psychological Bulletin, 126(5), 651–680.
Aubry, J. (2002). Canadians say custody laws biased: Legal system tilted against fathers in divorce settlements, poll respondents say. Ottawa Citizen, August 9. (Reprinted in the Edmonton Journal p. A16.)
Bachman, R. & Saltzman, L. (1995). Violence against women: Estimates from the redesigned survey. Bureau of Justice Statistics Special Report, U.S. Department of Justice.
Bland, R. & Orn, H. (1986). Family violence and psychiatric disorder. Canadian Journal of Psychiatry, 31, 129–137.
Blumner, R. (1999). Domestic abuse law stereotypes men as brutes and women as victims. St. Petersburg Times. Dec. 10.
Brinkerhoff, M. & Lupri E. (1988). Interspousal violence. Canadian Journal of Sociology, 13(4), 407–434.
Brown, G.A. (2000). Is Justice Blind? Sex as a factor in sentencing. Unpublished term paper produced for Justice Jack Watson in a course on criminal sentencing, Faculty of Law, University of Alberta.
Brown, M. (1997). Arrest of women soar in domestic violence cases. Sacramento Bee, Dec. 7.
Browning, J. & Dutton, D. (1986). Assessment of wife assault with the Conflict Tactics Scale: Using couple data to quantify the differential reporting effect. Journal of Marriage and the Family, 48, 375–379.
Buzawa, E. & Austin, T. (1993). Determining police response to domestic violence victims. American Behavioral Scientist, May.
Daisley, B. (1999). Assault prosecutors fear interest groups. The Lawyer’s Weekly, February 19.
DeKeseredy, W.S. et al. (1997). The meanings and motives for women’s use of violence in Canadian college dating relationships: results from a national survey. Sociological Spectrum, 17, 199–222.
Fallen, D.L. (1987). Sentencing practices under the Sentencing Reform Act. Sentencing Guidelines Commission for Olympia, Washington.
Farrell, W. (1993). The myth of male power. Simon & Schuster.
Fekete, J. (1994). Moral panic: Biopolitics rising. Robert Davies.
Fiebert, M. (1997). References examining assaults by women and their spouses/partners. Sexuality and Culture, 1, 273–286.
Follingstad, D.R. et al. (1991). Sex differences in motivations and effects in dating violence. Family Relations, 40(January), 51–57.
Gelles, R.J. & Straus, M.A. (1988). Intimate violence. Simon and Schuster.
Glaeser, E.L. & Sacerdote, B. (2000). The determinants of punishment: Deterrence, incapacitation, and vengeance. Working Paper 7676, National Bureau of Economic Research, Cambridge, MA.
Goldberg, C. (1999). Spouse abuse crackdown, surprisingly, nets many women. New York Times, Nov. 23.
Grandin, E. & Lupri, E. (1997). Intimate violence in Canada and the United States: A cross-national comparison. Journal of Family Violence, 12(4), 417–443.
Gregorash, L. (1990). Family violence: An exploratory study of men who have been abuse by their wives. Unpublished M.A. thesis, University of Calgary.
Johnson, M.P. (1995). Patriarchal terrorism and common couple violence: Two forms of violence against women. Journal of Marriage and the Family, 57, 283–294.
Julian, F.H. (1993). Gender and crime: Different sex, different treatment? In C.C. Culliver (Ed.) Female Criminality: The State of the Art. Garland.
Kent, G. (2002). “Nasty drunk” didn’t want dog licking blood of man she killed. Edmonton Journal, December 6, B3.
McLeod, M. (1984). Women against men: An examination of domestic violence based on an analysis of official data and national victimization data. Justice Quarterly, 1, 171–193.
Minister of Industry. (1999). Canadian Crime Statistics 2000, Statistics Canada catalogue no. 85-205.
Minister of Industry. (2001). Canadian Crime Statistics 2000, Statistics Canada catalogue no. 85-205.
Ministry of the Attorney General. (1996). Survey of Spousal Assaults Reported to Police in 1993–94 in British Columbia, Public Safety and regulatory Branch, Police Services Division, December.
Ministry of the Attorney General (1999). Survey of Spousal Assaults Reported to Police in 1995 in British Columbia, Public Safety and regulatory Branch, Police Services Division, April.
Mirrlees-Black, C. (1999). Findings from a new British Crime Survey selfcompletion question questionnaire. Home Office, London.
Morton, F.L & Knopff, R. (2000). The charter revolution and the court party. Broadview Press.
Ogrodnik, L. & Trainor, C. (1997). An overview of the differences between police-reported and victim-reported crimes, Statistics Canada catalogue no. 85-544-XPE, Minister of Industry Canada.
Paciocco, D.M. (1999). Getting away with murder. Irwin Law.
Pottie Bunge, V. & Locke, D. (2000). Family violence in Canada: A statistical profile. Statistics Canada catalogue no. 85-224-XIE, Minister of Industry Canada.
Selick, K. (2001). The guidelines: myth and F.A.C.T. Canadian Lawyer, January.
Shupe, A. et al. (1994). The Violent Couple. Praeger.
Sommer, R. (1994). Male and female partner abuse: Testing a diathesis-stress model, unpublished Ph.D. Dissertation, University of Manitoba.
Sommer, R., Barnes, G.E. & Murray, R. (1992). Alcohol consumption alcohol abuse, and female perpetrated spouse abuse. Personality and Individual Differences, 13(12), 1315–1323.
Staples, D. (2002). Husband abuse: The flip side. Edmonton Journal, October 13, pp. D3+D8.
Straus, M. (1993). Physical assaults by wives: A major social problem. In R.J. Gelles & D.R. Loseke (Eds.) Current Controversies on Family Violence. Sage Publishers, pp. 67–87.
Straus, M. (1999). The controversy over domestic violence by women. In X.B. Arriaga & S. Oskamp, eds., Violence in Intimate Relationships, Sage, pp. 17–44.
Straus, M & Gelles, R. (1989). Physical violence in American families: Risk factors and adaptations to violence. Transaction Books.
Szinovacz, M.E. & Egley, L.C. (1995). Comparing one-partner and couple data on sensitive marital behaviours: The case of marital violence. Journal of Marriage and the Family, 57, 995–1010.
Trainor, C. (2002). Family violence in Canada: A statistical profile, Statistics Canada catalogue no. 85-224-XIE, Minister of Industry Canada.
Trainor, C. & Mihoran, K. (2001). Family violence in Canada: A statistical profile, Statistics Canada catalogue no. 85-224-XIE, Minister of Industry Canada.
Trickey, M. (2002). Women unsuited to combat, duty, U.K. Study argues, Edmonton Journal, August 5, pp. A1+A3.
Tutty, L. (1999). Husband abuse: An overview of research and perspectives. National Clearninghouse on Family Violence.
Verburg, P. (1996). Equal rights in Winnipeg. Alberta Report, Feb. 12, pp. 22–23.
Walker, L. (1979). The battered woman. HarperCollins
Warwaruk, J. (2002). The first year free is a time of danger for abused women, Edmonton Journal, May 11, p. B3
Young, C. (1999). Ceasefire! Free Press.
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Brown, G.A. Gender as a factor in the response of the law-enforcement system to violence against partners. Sex Cult 8, 3–139 (2004). https://doi.org/10.1007/s12119-004-1000-7
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DOI: https://doi.org/10.1007/s12119-004-1000-7