The Criminalization of Violence Against Women

The Criminalization of Violence Against Women PDF

Author: Douglas

Publisher: Oxford University Press

Published: 2023-10-15

Total Pages: 345

ISBN-13: 0197651844

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Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.

Decriminalizing Domestic Violence

Decriminalizing Domestic Violence PDF

Author: Leigh Goodmark

Publisher: Univ of California Press

Published: 2018-10-01

Total Pages: 395

ISBN-13: 0520968298

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Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

The Feminist War on Crime

The Feminist War on Crime PDF

Author: Aya Gruber

Publisher: Univ of California Press

Published: 2020-05-26

Total Pages: 302

ISBN-13: 0520973143

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Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.

Arrested Justice

Arrested Justice PDF

Author: Beth E. Richie

Publisher: NYU Press

Published: 2012-05-22

Total Pages: 247

ISBN-13: 0814708226

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Illuminates the threats Black women face and the lack of substantive public policy towards gendered violence Black women in marginalized communities are uniquely at risk of battering, rape, sexual harassment, stalking and incest. Through the compelling stories of Black women who have been most affected by racism, persistent poverty, class inequality, limited access to support resources or institutions, Beth E. Richie shows that the threat of violence to Black women has never been more serious, demonstrating how conservative legal, social, political and economic policies have impacted activism in the U.S.-based movement to end violence against women. Richie argues that Black women face particular peril because of the ways that race and culture have not figured centrally enough in the analysis of the causes and consequences of gender violence. As a result, the extent of physical, sexual and other forms of violence in the lives of Black women, the various forms it takes, and the contexts within which it occurs are minimized—at best—and frequently ignored. Arrested Justice brings issues of sexuality, class, age, and criminalization into focus right alongside of questions of public policy and gender violence, resulting in a compelling critique, a passionate re-framing of stories, and a call to action for change.

The Politicization of Safety

The Politicization of Safety PDF

Author: Jane K. Stoever

Publisher: NYU Press

Published: 2019-02-26

Total Pages: 410

ISBN-13: 1479805645

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A look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people’s lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness. What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.

Violence against Women in Politics

Violence against Women in Politics PDF

Author: Mona Lena Krook

Publisher: Oxford University Press

Published: 2020-07-16

Total Pages: 337

ISBN-13: 0190088494

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Women have made significant inroads into political life in recent years, but in many parts of the world, their increased engagement has spurred attacks, intimidation, and harassment. This book provides the first comprehensive account of this phenomenon, exploring how women came to give these experiences a name: violence against women in politics. Tracing its global emergence as a concept, Mona Lena Krook draws on insights from multiple disciplines--political science, sociology, history, gender studies, economics, linguistics, psychology, and forensic science--to develop a more robust version of this concept to support ongoing activism and inform future scholarly work. Krook argues that violence against women in politics is not simply a gendered extension of existing definitions of political violence privileging physical aggressions against rivals. Rather, it is a distinct phenomenon involving a broad range of harms to attack and undermine women as political actors, taking physical, psychological, sexual, economic, and semiotic forms. Incorporating a wide range of country examples, she illustrates what this violence looks like in practice, catalogues emerging solutions around the world, and considers how to document this phenomenon more effectively. Highlighting its implications for democracy, human rights, and gender equality, the book asserts that addressing this issue requires ongoing dialogue and collaboration to ensure women's equal rights to participate--freely and safely--in political life around the globe.

Invisible No More

Invisible No More PDF

Author: Andrea J. Ritchie

Publisher: Beacon Press

Published: 2017-08-01

Total Pages: 362

ISBN-13: 0807088986

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“A passionate, incisive critique of the many ways in which women and girls of color are systematically erased or marginalized in discussions of police violence.” —Michelle Alexander, author of The New Jim Crow Invisible No More is a timely examination of how Black women, Indigenous women, and women of color experience racial profiling, police brutality, and immigration enforcement. By placing the individual stories of Sandra Bland, Rekia Boyd, Dajerria Becton, Monica Jones, and Mya Hall in the broader context of the twin epidemics of police violence and mass incarceration, Andrea Ritchie documents the evolution of movements centered around women’s experiences of policing. Featuring a powerful forward by activist Angela Davis, Invisible No More is an essential exposé on police violence against WOC that demands a radical rethinking of our visions of safety—and the means we devote to achieving it.

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