Domestic Violence – It’s Clearly A Crime – Just Not Clearly Defined In Legal Circles

Intimate partner violence includes rape, sexual assault, robbery, aggravated assault, and simple assault by a current or former spouse, boyfriend, or girlfriend. This report presents trends in intimate partner violence by sex, and examines intimate partner violence against women by the victim’s age, race and Hispanic origin, marital status, and household composition. Data are from the National Crime Victimization Survey (NCVS), which collects information on nonfatal crimes reported and not reported to the police from a nationally representative sample of U.S. households.

Take a look at this video and decide what type of crime is being committed?  Is it simple assault, attempted murder, a felony, or a misunderstanding?  Depending upon the officer, the prosecutor, who the person committing the action is or who the individual on the receiving end of the action is, determines how the incident is handled.

http://www.tmz.com/videos/0_ekaflcqq

Females living in households comprised of one female adult with children experienced intimate partner violence at a rate more than 10 times higher than households with married adults with children and 6 times higher than households with one female only.

Females ages 18 to 24 and 25 to 34 generally experienced the highest rates of intimate partner violence.

From 1994 to 2010, about 4 in 5 victims of intimate partner violence were female.

According to The U.S. Department of Justice in a July 1996 National Institute of Justice report to Congress under the Violence Against Women Act:

Within the criminal justice system, data collection is complicated by the division of
responsibilities across many independent entities—law enforcement agencies,
prosecutors, courts, and corrections. Although some local jurisdictions have
established integrated criminal justice information systems, most criminal justice data
are fragmented along operational boundaries. The continued difficulties in obtaining
complete and accurate criminal history records were cited as one indicator of the
inability to track individuals as they move through the criminal justice system or
recidivate for subsequent crimes.

The U.S. Department of Justice 1996 report revealed another eyeopener:

Multi-jurisdictional—multiple State and local agencies
Because of victim and offender mobility, agencies increasingly must be able to share
information across State and local boundaries. There are several Federal and regional
efforts under way to either provide mechanisms to do this or to encourage the
development of these systems. Achieving this goal will take time, however, and many
technical and organizational obstacles will have to be overcome.
One situation where this has been identified as a serious problem is with court
protection orders because officials outside of the originating jurisdictions generally do
not have ready access to the information required for enforcement. In addition,
policies and standards for issuing court protection orders can vary from area to area, making enforcement across jurisdictional boundaries a complex issue for local authorities.

The absence of a national definition of domestic violence causes irregularities in the
inclusion/exclusion of more informal relationships such as current or ex-boyfriends/
girlfriends, roommates, and cohabitants.  For example, Michigan and Kansas
have added a box on their crime incident report forms that officers must mark to
indicate whether an incident was domestic violence related. Other States (e.g.,
Connecticut, New York, and Wisconsin) have separate forms for reporting domestic
violence. The special domestic violence report form enables States to collect offense specific
information that may be more difficult to include in a general crime incident
report form. Use of a separate form, however, does carry the physical and
psychological burden of additional paperwork, which increases the likelihood that
officers will fail to complete or submit a report.

Because domestic and sexual violence victims can face possible reprisals by the
offenders, a heavy burden of embarrassment, and other repercussions, obtaining their
cooperation can be extremely difficult for law enforcement and other agencies. The
act of reporting domestic violence and some sexual violence incidents may be
considered by victims as a last resort or as a way to make an irreparable break in a
relationship. Consequently, the victims may perceive reporting as an admission of
personal failure that they cannot face or believe is avoidable.
Additionally, the problem of adequate training of personnel in handling these cases
often was cited in the project panel discussions and survey responses. As many
jurisdictions are recognizing the seriousness of these offenses, new laws and policies
are being adopted, which in turn may require time to train all relevant staff in new
procedures and to fully implement them.

For all the above reasons, under reporting of domestic and sexual violence can be
more of a problem than for other types of offenses. Although efforts can be made to
overcome some of the factors hindering accurate reporting, some barriers may never
be completely surmounted given the nature of these crimes and the social and
behavioral issues involved.

Because identifying domestic violence crimes may involve consideration of a criminal
act, the relationship between the victim and offender, and the offender’s motive for
committing the act, properly classifying cases can be more difficult than for other
types of offenses. For example, a crime incident that would normally be considered a
property crime (e.g., a burglary, motor vehicle theft, larceny, or vandalism) could be
classified as a domestic violence incident if the perpetrator’s intent is to harass or
intimidate the victim. This may require the investigating officers to go beyond the
facts initially presented for a complaint to its possible underlying circumstances.
An additional complication for data reporting is that some States have not mandated a
specific domestic violence offense with which to charge an offender. In these
instances, the offender is charged with another offense, but his case may be flagged as
a domestic violence case for reporting purposes. Other States have broader family
violence statutes that include domestic violence.

As early as 1930 the Uniform Crime Reporting System has been in existence and all states contribute data into it in one form or another.  The UCRS was not mandatory however.  In 1980 the FBI replaced the old 1930 UCRS with the National Incident Based Reporting System NIBRS.  The new NIBRS is not mandatory for states to enter data.  Whether it’s the old UCRS reporting or the newer NIBRS reporting system, neither system has a clearly defined category for Domestic Violence under Category A or Category B Crimes. 

Time has come for our communities, schools, churches, businesses and families to demand that individuals who commit domestic violence be held accountable for their behaviors.  Men are to honor women as vessels of high value.  Women are to esteem men as one who is her point man or one who is willing to go before her.  Behaviorally, whenever domestic violence presents itself, it is certain that someone is functioning below God’s expectations.  There is never a time when domestic violence should be accepted or explained away in a civilized society.

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One Response

  1. Preach brother preach

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