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Charged with Crime: Women’s Use of Violence in Charged with Crime: Women’s Use of Violence in Heterosexual RelationshipsHeterosexual Relationships

Shamita Das Dasgupta, Ph.D., D.V.S.Shamita Das Dasgupta, Ph.D., D.V.S.Aarohan-2013 Aarohan-2013

BackgroundBackground Research CategoriesResearch Categories Intimate abuse is gender neutralIntimate abuse is gender neutral Women’s violence against male partners is self-Women’s violence against male partners is self-

defense and/or retaliatorydefense and/or retaliatory Women’s violence has multiple corollariesWomen’s violence has multiple corollaries Research tool: CTS & CTS2Research tool: CTS & CTS2

Mandatory, Preferred, & Pro- Arrest Mandatory, Preferred, & Pro- Arrest PoliciesPolicies

Slides prepared by:Slides prepared by:Shamita Das Dasgupta, 2013 Shamita Das Dasgupta, 2013

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Fatalities Committed by South Asian Women in the U.S.

Women: 12 (murder: 5; murder/suicide: 4; attempted suicide with DV related murder: 3)

Men: 9 (murder: 7; attempted murder: 2) Children: 15 (murder: 10; attempted murder:

5) TOTAL: 36 (1996-2012)

Women Charged with Crimes in the South Asian Community

In situations where women have killed their male partners: Marriage is relatively new Presence of pornography Coercion to act out pornography Lack of information re: available assistance

Where OFP is against her: He is more familiar with the legal system She trusts him to protect her She is fearful of tarnishing family reputation

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When she calls the police… At the scene …

She

• Called the police• Crying, screaming• She talks about her

behavior and actions• She takes

responsibility• How can I help him?

He

• Tried to stop her from calling

• Calm• He talks about her

behavior and actions• It’s not my problem• If she hadn’t …• She is mentally ill

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BEHIND THE SCENES?BEHIND THE SCENES?

Her Arrest & Conviction Her Arrest & Conviction Have an Impact OnHave an Impact On

DV shelters’ willingness to accept herDV shelters’ willingness to accept her His ability to use arrest & incident His ability to use arrest & incident

details against her at “home”details against her at “home” Her public benefits including housing

& financial aid Her employment and/or schooling Her immigration status

When she is arrested

What are the Assumptions?

What should she look like?What should she look like? CompliantCompliant

HelplessHelpless

Quiet - unprotestingQuiet - unprotesting

Seeks HelpSeeks Help

Protects Her ChildrenProtects Her Children

Looks Beaten DownLooks Beaten Down

CryingCrying9

If she isn’t, then…If she isn’t, then…She is:She is: Psycho-bitchPsycho-bitch LiarLiar ManipulativeManipulative PMS’ingPMS’ing Doesn’t Look BruisedDoesn’t Look Bruised Doesn’t Protect Her KidsDoesn’t Protect Her Kids Violates “The Code”Violates “The Code” Femi-naziFemi-nazi Mentally illMentally ill Planned to get immigrationPlanned to get immigration

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LanguageLanguage

1111

Use of Force…refers to physically, verbally, and emotionally

detrimental behaviors used toward an intimate partner…to gain short term control of chaotic,

abusive and/or battering situations.

(Dasgupta, 2002; House, 2001; Larance, 2006; Osthoff, 2002)

Understanding Women’s Use of Force

Women are not “naturally” non-violent Different cultures support various degrees of

violence by women Infrastructure developed to deal with domestic

violence has not made provisions for women who use violence

“Battering” has to be distinguished from “violence”

What is Battering? Battering is a systematic course of action Battering is a tool of intimidation, control, &

subjugation Battering may or may not be established by

physical and/or sexual violence Not all conflicts can be termed “battering” One’s entitlement to power plays a major role

in a battering relationship

Definitions of Battering

Narrow: Only physical assault -- Used by academic & researchers (Straus, 1999)

Goal: End all physical assaults

Broad: Coercive control -- Used by service providers & activists

Goal: End oppression of women

Characteristics of Women’s Use of Force in Intimate Relationships

The majority of women who use violence against their male partners are battered women

Women’s abusive behavior tend not to produce desired outcome

The injuries resulting from men’s and women’s violence are significantly different

““I had had enough.”I had had enough.”- Sadia- Sadia

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Advocacy Model Criminal Legal System

Survivor

Person who experiences a pattern of coercive power

and control by another over time.

Victim

Person against whom a crime of battery has been

committed.

Batterer

A person who establishes a pattern of coercive power and control over another

person over time.

Perpetrator

Person who has been convicted of committing a

crime of battery.

Connie Burke, 2004, for the Northwest Network of BTLG Survivors

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Contrasting Men’s and Women’s Use of Force

Patriarchy endows the male gender role with authority, dominance, & power

Cultural ideals of femininity encourage subservience, passivity, & dependence

Culture and institutions of a society provide moral & material support for male violence in intimate relationships

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In Court…In Court…

““I believed if I just told the whole truth I believed if I just told the whole truth then everything would be fine.”then everything would be fine.”

- Minoo, South Asian woman- Minoo, South Asian woman

Women’s Use of Women’s Use of Force Increases:Force Increases:

His violence His violence toward her and, therefore, toward her and, therefore,

risk to her safety risk to her safety (Swan and Snow, 2002).(Swan and Snow, 2002).

Likelihood that she will be injured Likelihood that she will be injured

severely by her male partner severely by her male partner (Archer, 2000).(Archer, 2000).

Risk that she will use force again Risk that she will use force again

putting putting her her at increased risk of future at increased risk of future

harm harm (Larance, 2006, 2007).(Larance, 2006, 2007).

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Factors in Women’s Use of Force

Consider context of violence Consider history of battering and victimization Understand intent of behavior Assess predominant aggressor Develop educational program Strengthen advocacy

“She is Not a Survivor” (Are You Sure?)

“It was just a fight with another woman.”

“But her husband is a great guy…”

“She says she is not afraid of him.”

Does she dread his presence?

Does she dread his findings?

Does she dread what he can do to her if she doesn’t comply with his demands?

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Pertinent Issues in Advocacy

Differentiate abuse, battering, power and control

Understand women’s use of violence historically and contextually

Assess problem of substance abuse Explore behavioral alternatives Understand the role of race, class, ethnicity,

nationality, and residency status

Three-Step Response

Train police to distinguish “self-defense” in South Asian women

Train public defender to avoid plea bargaining by assessing context violence

If there is history of battering, diversionary procedure is evoked: Court ordered to counseling/educational program Upon successful completion, record is expunged

Help practitioners understand South Asian women may feel there is no ‘legitimate’ way they can escape abuse

Give women a chance…

Understand

Educate

Advocate