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ICADV Newsletter: Spring 2002
Critique
of the "Battered Woman Syndrome" Model
by Mary Ann Dutton, Ph.D.,
The
George Washington University, September 1996
Although
widely misunderstood even among legal professionals,
"battered woman syndrome" is not a legal
defense. It is one approach to explaining battered
women's experiences. Like other "social framework
testimony," (Vidmar and Schuller, in press), expert
testimony concerning battering and its effects is used
in the legal system to help a judge or jury better
understand a battered woman's experience (Federal Rules
of Evidence 702). The purpose of this paper is to offer
a critique of the concept battered woman syndrome as a
means of framing battered women's experiences (Gordon
and Dutton, 1996).
Review
of the concept battered woman syndrome
The
concept of battered woman syndrome has evolved from its
inception in the late 1970s. Initially, it was
conceptualized as "learned helplessness," a
condition used to explain a victim's inability to
protect herself against the batterer's violence that
developed following repeated, but failed, efforts to do
so (Walker, 1977-78). Another early formulation of
battered woman syndrome referred to the cycle of
violence (Walker, 1984), a theory that describes the
dynamics of the batterer's behavior. The cycle of
violence theory can be used to explain how battered
victims are drawn back into the relationship when the
abuser is contrite and attentive following the violence.
More recently, battered woman syndrome has been defined
as post-traumatic stress disorder (PTSD) (Walker, 1992),
a psychological condition that results from exposure to
severe trauma. Among other things, PTSD can explain why
a battered victim may react, because of flashbacks and
other intrusive experiences resulting from prior
victimization, to a new situation as dangerous, even
when it is not.
In the courtroom, expert testimony concerning domestic
violence can be offered for various purposes: (1) to
show that a defendant is a battered woman, (2) to
explain a battered woman's state of mind, (3) to
generally support a claim (e.g., when a battered victim
is suing a batterer for damages) or the validity of a
particular defense (i.e., when a battered victim is the
defendant), (4) to explain a battered woman's conduct,
(5) to explain a battered woman's recantation or
resistance to prosecution (i.e., when a battered victim
is a witness in prosecution case), (6) to bolster a
battered woman's credibility, or (7) to explain the
existence of mitigating factors (i.e., for purposes of
sentencing when a battered woman has been found guilty
in a criminal trial) (Parish, 1996). Statutes and case
law vary from state to state and across federal
jurisdictions; in some, this testimony is referred to as
"battered woman syndrome." The critique that
follows derives from the view that syndrome language
generally, and battered woman syndrome more
specifically, is inadequate to the task of describing
battered women's experience, whether for purposes of
expert testimony, counseling, or advocacy.
Critique
of the concept "battered woman syndrome"
There has
been a great deal of progress in the admissibility of
expert testimony in criminal cases involving battered
victims under the rubric of "battered woman
syndrome." However, in domestic violence cases the
"courts have focused on a syndrome model to the
exclusion of other research that, though less legally
convenient, more accurately depicts the social and
psychological consequences of domestic violence" (Schuller
and Hastings, in press). There are a number of concerns
that suggest the need for a reformulation of this model.
Five such points are described below.
1. There is no single profile of a battered woman.
"Battered woman syndrome" signals a particular
area of testimony or type of case. One advantage of a
shorthand label is ease of communication. The
disadvantage is related: "battered woman
syndrome" has become a stereotype that often does
not fit the current state of knowledge concerning
battering and its effects. Further, the stereotypic
image of "battered woman syndrome" is often
clouded by other stereotypes such as those based on
race, culture, social class, and sexual orientation, for
example. There is no
single profile of the effects of battering although
"battered woman syndrome" suggests that the
psychological impact of battering is defined by a common
set of symptoms. Nevertheless, battered women's
reactions to violence and abuse vary; they include
emotional reactions (e.g., fear, anger, sadness);
changes in beliefs and attitudes about self, others, and
the world (e.g., self-blame, distrust, generalized
belief that the world is unsafe); and symptoms of
psychological distress or dysfunction (e.g., depression,
flashbacks, anxiety, sleep problems, substance abuse). A
particular battered woman's reactions may or may not
meet criteria to warrant a clinical diagnosis.
Variations in women's traumatic response to battering
are based on characteristics of (1) the violence and
abuse, (2) the battered victim, and (3) the context or
environment in which battering occurs and in which the
battered woman must respond to and heal from it (e.g.,
based on racial and cultural factors, social class,
social support).
2.
The term "battered woman syndrome" is vague.
There is no clearly defined set of criteria to define
"battered woman syndrome." If the label
"battered woman syndrome" is reserved only for
battered women with specific types of reactions (e.g.,
posttraumatic stress disorder), then using it instead of
the diagnosis term is confusing especially since
battered woman syndrome is not a recognized diagnostic
term in the Diagnostic and Statistical Manual of Mental
Disorders (DSM-IV) (American Psychiatric Association,
1994). Further, other reactions to battering that are
relevant to pending legal (or other) issues may be
excluded from consideration. Alternatively, if the term
is used more broadly to refer to a range of
psychological reactions to battering, as it often is in
actual testimony by experts, then its diagnostic utility
is lost since there is no clearly defined criteria for
inclusion. In this case, the question of whether a
battered woman "suffers" from battered woman
syndrome is not an appropriate question: its meaning is
vague and can be misleading.
3.
Posttraumatic stress disorder (PSTD), compared to other
psychological reactions to battering, is not uniquely
relevant for understanding legal (or other) domestic
violence-related issues.
PSTD can result from exposure to domestic violence and
it may be relevant for explaining a victim's fear or
other behavior in a specific situation. However, there
is no basis to suggest that PTSD has exclusive or even
greater relevance, for either legal or clinical issues,
than do other types of psychological reactions to
battering. Importantly, the absence of PTSD does not
signal the lack of other posttraumatic stress reactions,
nor does it negate the reasonableness of a battered
woman's fear. To the contrary, posttraumatic reactions
leading to diagnoses other than PTSD (e.g., Acute Stress
Disorder, Dissociative Amnesia, Major Depressive
Disorder), as well as those that do not constitute
clinical diagnoses (e.g., fear, anger, transient
dissociative reaction, shame, distrust), may in some
cases be more salient for understanding pertinent legal
or clinical issues. For example, understanding the
battered woman's appraisal of specific batterer behavior
as threatening is typically more relevant both for
addressing specific legal issues and for victim advocacy
than merely whether or not she meets diagnostic criteria
for PTSD. As well, victim's depression or suicidal
thoughts as a reaction to battering may be more salient
for addressing victim's current safety or for
understanding her previous actions.
4.
The relevant information relied upon for expert
testimony in legal cases, advocacy, and clinical
interventions involving battered victims extends beyond
the psychological effects of battering.
The various purposes of expert testimony (see
"Review" above), advocacy, and clinical
intervention typically require information in addition
to the battered victim's psychological reactions to
battering. This information includes (1) an analysis of
the dynamics of violence and abuse, (2) the battered
victim's strategic responses to violence (i.e., what she
did in attempting to resist, avoid, escape, or stop the
violence), (3) the short- and long-term outcome of those
efforts, and (4) the social and psychological context in
which the battering occurred (e.g., cultural and ethnic
factors, economic factors, social network, the battered
victim's prior traumatic experiences, the response of
the police and other institutions to the battering)
(Dutton, 1993; Gordon and Dutton, 1996). The body of
knowledge that forms the foundation of expert testimony,
advocacy, or clinical intervention cannot be adequately
defined by a single construct or diagnosis, including
battered woman syndrome.
5.
The term "battered woman syndrome" creates an
image of pathology.
Battered woman syndrome language creates a stereotyped
image of pathology. A woman characterized as suffering
from battered woman syndrome may be viewed as flawed,
damaged, disordered, or abnormal in some way. Although
it is true that many battered victims suffer negative
effects of battering, syndrome language necessarily
places the emphasis
on pathology, not on the whole picture that also
includes the battered woman's strengths and efforts, as
well as other's responses to the situation. Notably, a
battered victim's normal reaction of fear or anger can
be the most important issue for explaining her state of
mind at the time of an alleged crime or for
understanding her motivation for other behavior.
Further, it may be essential to explain the apparent
absence of fear, for example, by considering how
cultural factors influence the manner of emotional
expression. An expert witness' attempt to refocus
attention away from pathology after having invoked the
concept "battered woman syndrome" can be
confusing and appears contradictory. The term
"battered woman syndrome" may inadvertently
communicate to the jury or judge the misguided notion of
an "abuse excuse." Use of the term battered
woman syndrome perpetuates stereotypic images of
battered women.
Conclusion
An extensive scientific and professional literature
concerning traumatic experiences, including domestic
violence and victims' reactions to it, provides a solid
foundation for expert testimony in cases involving
battered women. Expert testimony concerning battering
and its effects cannot adequately rely on a single
construct such as "battered woman syndrome:"
the comprehensive body of existing knowledge cannot be
so condensed. Instead, focus should be on identifying
the specific questions relevant to the issues at hand
for which there is a body of knowledge to support a
valid conclusion.
References
American Psychiatric Association. (1994). Diagnostic
and Statistical Manual of Mental Disorders. Fourth
Edition. Washington, DC: American Psychiatric
Association.
Dutton, M.A. (1993). Understanding women's
responses to domestic violence: A redefinition of
battered woman syndrome. Hofstra Law Review,
21(4), 1191-1242.
Federal Rules of Evidence 702.
Gordon, M. and M.A. Dutton. (1996). Validity of
"battered woman syndrome" in criminal cases
involving battered women. In U.S. Departments of
Justice and Health and Human Services. The validity
and use of evidence concerning battering and its
effects in criminal trials: Report responding to
section 40507 of the Violence Against Women Act. (NCJRS
#160972).
Parish, J. (1996). Trend analysis: Expert testimony
on battering and its effects in criminal cases. In
U.S. Departments of Justice and Health and Human
Services. The validity and use of evidence
concerning battering and its effects in criminal
trials: Report responding to section 40507 of the
Violence Against Women Act. (NCJRS # 160972).
Schuller, R. and P.A. Hastings. (in press).
Battered woman syndrome and other psychological
effects of domestic violence against women. In D.L.
Faigman, D. Kaye, M. J. Saks, and J. Sanders (Eds.), The
West companion to scientific evidence.
Vidmar, N. and Schuller, R.A. (1989). Juries and
expert evidence. Social framework testimony. Law
and Contemporary Problems, 133.
Vidmar, N and R.A. Schuller. (in press).
Walker, L.E. (1977-78). Battered women and learned
helplessness. Victimology: an International Journal,
2(3/4), 525-534.
Walker, L.E. (1984). The battered woman syndrome.
New York: Springer Publishing Co.
Walker, L.E. (1992). Battered woman syndrome and
self-defense. Symposium on Woman and the Law, Notre
Dame Journal of Law, Ethics and Public Policy,
6(2), 321-334.
Is
There a Link Between
Animal Abuse and Domestic Violence?
Peggy J. Patty,
Director of the Legal Institute
at the Illinois
Coalition Against Domestic Violence.
Domestic violence advocates have recognized the
connection between animal abuse and other violence in
the family for many years. In fact, many times animal
abuse may be the only visible sign of an abusive family.
It is committed in the open more often than family
violence, which is committed behind closed doors.
Abusers who are violent with family members will
often harm or threaten to harm family pets in front of
the victims. Abusers may even give a pet to the victim
as a "gift." They do this with the specific intent
of later using that animal as a tool to manipulate the
victim into silence or to force her to comply with their
demands. Abusers can then harm or kill the pets in front
of the victims to demonstrate the punishment the victims
might receive, if the abusers' demands are not met.
A recent survey of 37 women at a Utah domestic
violence shelter found that 71% reported that their male
partners had either threatened, or had killed, their
pets. Examples of animal abuse are burning parts of the
animal's body, kicking or throwing the animal into a
wall, and placing the animal on a chain just out of
reach of food and water. (The American Humane
Association)
Also, if the victim is able to flee the abuse, the
abuser may threaten to harm or kill her pet if she does
not return to the relationship. In fact, some women in
abusive relationships have reported that they delay
seeking shelter because of their fear that the abuser
will harm their pets if they leave their home.
Violence to Animals Can Lead to
Violence to Individuals
Many health professionals have recognized the
emerging evidence that animal abuse is a high indicator
of future violence against human beings. In fact,
individuals who are violent to animals rarely stop their
violence there. The tragic reality is that when animal
cruelty is insufficiently dealt with, there is a human
consequence. Violence against animals can be seen as a
predictor, or even a training ground, for future
violence against people.
- David Berkowitz killed many neighborhood pets as
a youth. When he grew up, he became the "Son of Sam"
mass murderer in New York City.
- Jeffrey Dahmer impaled frogs and cats and
decapitated a dog as a child. He killed and
dismembered 17 people as an adult.
- The strangling of a neighborhood cat with a
garden hose by a 12-year-old boy in the Denver area
was dismissed as a prank in the early 1990s. One year
later, he murdered a four-year-old child.
Empirical research continues to show the connection
between animal abuse and violence toward individuals.
For example, a survey found that in 88% of families
where physical abuse occurred, the pets in the home were
also abused. The survey was of families receiving
services from the New Jersey Division of Youth and
Family Services (Deviney, Dickert, and Lockwood, 1998).
Children and Animal Abuse
According to Dr. Randall Lockwood, a Washington, D.C.
psychologist who works with the American Humane Society,
most animal abusers are adolescent boys. If children are
abusive to animals, it is often an indictor that they
have been abused themselves at home. A child who
continually witnesses domestic violence will sometimes
imitate that violence with animals because the animal
has less power than the child. Children who feel
powerless in the home can attempt to gain control by
violently dominating the pet.
The profile of a juvenile animal abuser is a male
child approximately nine to 10 years of age, and
includes a childhood history of gross neglect, cruelty,
and rejection by the family.
In a growing trend, courts have begun to incorporate
counseling into sentences of convicted abusers in animal
cruelty cases. In 2002, Illinois joined the list of
states that specifically allow courts to order
defendants in animal cruelty cases to undergo
counseling. Other states include Michigan, Oregon,
Minnesota, and Washington.
The 2002 Illinois law specifically targets juvenile
defendants for mandatory psychological counseling or
medical treatment. See the New Mandatory Counseling
for Juvenile Court Defendants in the section below.
Safety Planning for Family Pets
It is important for victims who think their animals
might be in danger to include them in their safety
planning. For example, if a victim is forced to leave
her home in an emergency, she may be able to remove her
pets at the same time. She should have leashes, cat
carriers, vaccination records, and the pet's medicine
in an easily assessable place. This allows the pet to
receive any available emergency shelter more easily. If
the victim cannot take her pets as she flees, she may be
able to take the leashes, cat carriers, and vaccinations
records with her. The victim should contact local law
enforcement to go with her when she attempts to retrieve
the pets.
Several communities are networking their local
resources to aid domestic violence victims and their
pets. For example in the Bloomington area, the McLean
County Humane Society has provided the Neville House
Domestic Violence Shelter with temporary emergency
shelter for pets when space is available.
New 2002 Illinois Laws on Animal Abuse
In January 2002, two significant
Illinois laws addressing animal abuse and neglect became
effective. These laws made changes to the Illinois
Humane Care for Animals Act and to the Illinois Criminal
Code to include stricter penalties for violations, plus
added the new crime of "Dog Fighting".
1. Public Act 92-454
mandates higher penalties for defendants convicted
under the existing laws that govern the mistreatment
of animals in Illinois. Below are some of the crimes
in which changes were made.
Animal Neglect
It is now a Class B misdemeanor.
Cruel Treatment
It is now a Class A misdemeanor and a Class 4 felony
for a second offense.
Aggravated Cruelty
It is now a Class 4 felony for a first offense
(rather than a Class A misdemeanor) and a Class 3
felony for a second offense.
Animal Torture
It is now a Class 3 felony (rather than a Class 4
felony).
The new law will also allow police to seize vehicles
that are used in dog fighting and will establish a fund
to pay for investigations of animal cruelty and neglect
complaints. However, this fund is subject to
appropriations from the Department of Agriculture. The
legislative changes also allow local Humane Shelters to
seek court-ordered security deposits from negligent pet
owners to cover the expenses incurred while the shelter
cares for the animals.
A section of the new law also allows innocent owners
of abused animals to sue their pet's abuser in civil
court for damages up to $25,000.
2. Dog Fighting
A new crime of Dog Fighting was created in
the Illinois Humane Care for Animals Act in January
2002. Animal fighting has become an increasing problem
in many areas of the state. If the defendant is found
guilty of knowing that the animals or certain property
were intended to be used for dog fighting, the crime
of Dog Fighting can be charged as a Class 4
felony offense. (750 ILCS 5/26-5, Public Act 92-0425)
New Mandatory Counseling for Juvenile Court
Defendants
New animal abuse laws amend the Juvenile Court Act by
mandating psychological counseling or medical treatment
for juveniles convicted of animal abuse crimes.
(Sections 705 ILCS 405/5-615, 5-710, and 5-715) Research
has shown that juveniles who abuse animals often have
serious emotional problems. These include some children
who witness domestic violence, and then imitate the
abusive violent behavior with animals. Early
intervention with juveniles is a key to reduce their
continued violence to animals and to other humans. This
new mandatory counseling law is very important to
identify violent juveniles before they begin to abuse
other children.
What Can We Do?
Animal abuse organizations are not new to the
discussion of family violence issues. The American
Society for the Prevention of Cruelty to Animals
prosecuted the first child abuse cases under the animal
welfare statutes many years ago in the United States.
Domestic violence advocates and animal welfare staffs
across the country are teaming up to cross-train on the
link between domestic violence and animal abuse. They
are also brainstorming ways they can assist each other
in each of their crucial jobs.
Several communities in Illinois are coordinating
around this issue. The Neville House domestic violence
program in the Bloomington area has coordinated efforts
for several years with local animal abuse advocates. The
shelter trains its own staff on the link between animal
abuse and domestic violence, and it also provides
training and outreach with the local county Humane
Society.
It is important for every local community, to build a
coalition of advocates from domestic violence programs,
animal shelters, and informed veterinarians. Local
networking and cross training can help insure that adult
victims and children with pets, who are forced to flee
their homes, can find shelter and safety for all of
them.
Spotlight
on the Programs: QUANADA
Quincy Area Network
Against Domestic Violence (QUANADA) located in Quincy,
Illinois is a comprehensive residential and
non-residential program, serving victims of domestic
violence and sexual assault in the five counties of
Adams, Brown, Hancock, Pike, and Schuyler. Services to
domestic violence victims and their children include
24-hour crisis hotline, 24-hour emergency on- or
off-site shelter, individual and group counseling,
information on the Illinois Domestic Violence Act (IDVA),
clothing room, advocacy, information, referrals, and
transportation.
QUANADA services are
provided from a victim-centered model, which is designed
to encourage and support the victims' efforts to
regain control over their lives and decrease the
violence in their lives. The goal of services is to
increase the safety of victims and their children;
respect the authority and autonomy of adult victims to
direct their own lives; and hold perpetrators, not
victims, responsible for the abusive behavior and for
stopping the abuse.
In 1983, QUANADA began
as a two-person office offering services in the old St.
Mary's Hospital. In 1984 the program moved to its main
campus at 2707 Maine, Quincy. The building was built in
the 1880s to house the children of parents who were
killed during a cholera epidemic. It was named Woodland
Home after John Wood, Quincy's founder and the twelfth
governor of Illinois. Antiques from the Woodland Home
era can be seen throughout the building. People stop by
to seek information about residents who once lived
there. Last summer, a mother in her 40s and her two
teenage boys rang the doorbell and asked to see the
place where her father had resided as a child. They were
traveling cross-country, and had planned to stop in
Quincy on the way.
Initially all services
originated from the 2707 Maine location. However, after
a few years, the sexual assault program was relocated
and a satellite program was developed in Pike county. In
the fall of 1999, additional satellite offices were
established in Brown and Schuyler counties. Recently,
the prevention program saw growth in its efforts to
reach people before they become victims of violence. It
is quite proud of its Prevention Players, a group of
young adults who provide educational skits on a variety
of topical issues relating to violence. Within the last
two years, QUANADA saw a large increase in the number of
volunteers, thanks to the efforts of its full-time
Volunteer Coordinator. The dedication of QUANADA
volunteers has allowed it to provide expanded services
to victims of domestic violence and sexual assault.
***
Book Review
When Katie Wakes A Memoir
by Connie May Fowler published by
Doubleday, New York, 2002
Connie May Fowler's writing style is wonderful. She
gives current information by talking about her abuser as
if she's talking to him. The history of her family is
written in the language of a child and teenager,
complete with poor grammar; her adult history is told
using a large vocabulary. Her book truly gives a
realistic look into the cycle of violence and the
generational implications of violence in the home. She
relates that her grandparents were involved in domestic
violence, but of course it wasn't referred to as
domestic violence back then. It was just suffered
silently and privately; no one left, because that was
unthinkable. Instead, they drank and hid the pain, or
took it out on their children.
Connie grew up in a house full of domestic violence
and child abuse. Her father would beat her mother and
her mother would beat the children. Her father would
hang out at bars until Connie's mom found him. She
would load the three children (Connie and her slightly
older sister, DeeDee, and her older brother, Jimmie) in
the car and drive around town searching all night, if
needed, to find their father's car. Then she'd send
Connie to fetch her father. Her father treated the
children, kindly but as soon as they all returned home,
he would beat their mother until he had broken her nose,
fingers, arms, and jaw, or he passed out. The next
morning the children would be called all sorts of foul
names, kicked, hit, and smacked by their mother because
she tended to blame them for their woes. She was also an
alcoholic.
The brother, Jimmie, remained in the home until he
was about 16 years old, which is when he attempted to
defend his mother by punching his father. He fled the
house to a friend's to avoid being beaten to death by
his father. He never lived in their home again; he lived
with friends until out of high school. The girls
remained, and because they were constantly derided, they
both became over-achievers. DeeDee excelled in school,
but also became an anorexic, a problem that still
plagues her as a married adult with children. Connie had
severe bucked teeth and was told so many times by her
mother how ugly and useless she was that when Connie
began a relationship with a man 30 years her senior--a
retired news anchor, alcoholic, and drug abuser--she was
so flattered and had such low self-esteem, that she
accepted his abuse as part of her lot in life. Connie
had also excelled in school so that she received a merit
scholarship to go to college to study literature and she
became a newspaper editor.
As an editor, Connie was successful and highly
regarded, but at home she had to endure beatings and
maltreatment, such as a cigarette put out on her cheek
that make-up couldn't hide. Her abuser would leave her
for weeks at a time during which she was consumed with
his whereabouts and condition. During these absences she
bought herself a black Labrador she named Kateland -
Katie for short. When her abuser, whom she called "you"
throughout the book, returned he was usually broke, very
hung over, and would immediately begin abusing Connie.
He took all her money, even from the secret bank account
that she had to get her teeth fixed. She was able to
flourish at her job in spite of the abuses. It wasn't
until her abuser began threatening her dog, as well as
threatening to take Viagra-like injections so he could
give her what she "needed," that she was able to
make the break with her abuser. Katie was her main
source of moral support.
When Katie Wakes
refers to Katie's ability to alert Connie when her
abuser was coming in the door, or pulling in the
driveway. Katie was an advanced warning system for
Connie. After reading the book, I wondered if Connie
would have left if she hadn't had Katie. I actually
thought it was brave of her to get the dog in the first
place, considering how abusive her partner was. Her
possessions didn't matter to him, he would alternate
from throwing her writings away to praising her prior to
using her writing skills to better his career. If Connie
didn't have Katie to warn her, I think he would have
killed her before she could escape.
This book is a good one for victims, advocates, and
the general public to read because, while it describes
horrific events, it also is a hopeful, uplifting book
that teaches and inspires whoever reads it.
Review by Karen Clinton
***
Should
Childhood Exposure to Adult Domestic Violence be Defined
as Child Maltreatment Under the Law?
by Jeffrey L. Edleson, Ph.D.,
Professor, University of Minnesota
A growing body of research has
revealed that many children are affected by exposure to
adult domestic violence. A heated national debate is
emerging around the question of whether children exposed
to such violence should be defined as maltreated. At
least one state changed its laws to this effect, only to
repeal those changes nine months later. The fact is,
however, that many child protection agencies already
treat childhood exposure to domestic violence as a form
of maltreatment that should be reported, investigated
and result in state intervention.
Childhood exposure to adult domestic
violence should not automatically be defined as
maltreatment under the law. While we know that exposure
to domestic violence is associated with behavioral,
emotional and cognitive problems among children that
sometimes lasts into early adulthood, we also know that
children's experiences are diverse in the following
ways.
The level of domestic violence is known
to vary greatly among families. The 1985 National Family
Violence Survey (Straus & Gelles, 1990) revealed
that an estimated 8.7 million American couples (16.1
percent) annually experienced at least one incident of
domestic violence. It also found, however, that 3.4
million American couples (6.3 percent) annually
experienced violence that was more severe and had a
higher risk of causing injury.
Children experience a wide range of
exposures to violence at home and attach an equally wide
range of meanings to those experiences (Peled, 1998).
Edleson, Mbilinyi, Beeman and Hagemeister (2000) found
that 45 percent of the 114 mothers they anonymously
interviewed reported that their children came into the
room where abuse was occurring at least occasionally,
while 18 percent reported that their children frequently
came into the room and 23 percent reported their
children never came into the room.
The presence or absence of risk and
protective factors varies. Risk factors that co-occur
with domestic violence might include parental substance
abuse, presence of weapons in the home, both
maternal and male caregiver mental health issues, and
other forms of neglect. Protective factors include a
protective mother, sibling or significant other in the
child's life and the child's own ability to cope
with stress. The risk of harm resulting from
exposure may also vary from child to child. Both the
degree to which a child is involved in violent events
and the documented level of child maltreatment and
emotional harm are important factors to consider.
This range of experience results in
some children being severely affected by their
experiences and others showing no greater problems than
comparison children with no violence exposure. For
example, a study of 58 children living in a shelter and
recently exposed to domestic violence found great
variability in problem symptoms (Hughes & Luke,
1998). More than half the children in the study were
classified as either "doing well" (n=15) or "hanging
in there" (n=21). Children "hanging in there" were
found to exhibit average levels of problems and of
self-esteem and some mild anxiety symptoms. The
remaining children in the study did show problems: nine
showed "high behavior problems," another nine "high
general distress" and four were labeled "depressed
kids." In a more recent study, Grych et al. (2000)
found that of 228 shelter resident children in the
study, 71 exhibited no problems, another 41 showed only
mild distress symptoms, 47 exhibited externalized
problems and 70 were classified as multi-problem.
One could argue that the impact of
most forms of child maltreatment vary but that we still
include them in mandatory reporting rules so that a full
child protection screening and investigation might be
conducted. I would argue, however, that we also exclude
other forms of violence and exposure known to affect
children from such screening and investigation. For
instance, not all physical hitting of children is
currently defined as child abuse. Straus (1994) has
aptly described how spanking and other forms of corporal
punishment of children are not, in most cases, defined
as child maltreatment in our culture. It is also true
that substance abuse by a caregiver will not be defined
as maltreatment unless it is shown to present a
significant risk to a child, for example, in the case of
prenatal exposure (Chasnoff & Lowder, 1999).
Ideally, a child protection agency's
interventions should lead to enhanced child safety and
family strengths when there is a reported concern about
a child. In reality, our child protection systems are
given so few public resources that they will most often
only respond to the cases of children at the greatest
risk. This leaves most children - including those
exposed to adult domestic violence - and their families
the subject of screening and investigation by child
protection systems but without the provision of many
subsequent services. Nationally, estimates are that 40
to 60 percent of families in which maltreatment is
substantiated receive no further services (English,
1998).
This is not an "either/or" debate
with simple answers. There is a continuum of child and
family experiences and we should meet these experiences
with a continuum of responses. Many children and
their families should not be referred for
forensic child protection investigations and
interventions that carry the possibility of legal action
against the parents. Rather, they should be offered
voluntary, community-based assessments and services, for
which some models already exist in domestic violence
agencies and other settings. Some children
exposed to adult domestic violence are at great risk for
further harm and should be referred to the child
protection system for assessment and intervention with
their families. Figuring out how to sort out these
differing experiences and offer the most appropriate
responses is the challenge before us.
Full Document
Edleson, J.L. (2001). Should
childhood exposure to adult domestic violence be defined
as child maltreatment under the law? Manuscript accepted
for publication. St. Paul, MN: University of Minnesota
School of Social Work. Temporarily available on the
World Wide Web at:
http://www.mincava.umn.edu/.
References
Edleson, J.L., Mbilinyi, L.F., Beeman, S.K. &
Hagemeister, A.K. (2000). How children are involved in
adult domestic violence: Results from a four city
telephone survey. Manuscript submitted for publication.
St. Paul, MN: University of Minnesota School of Social
Work.
English, D.J. (1998). The extent and consequences of
child maltreatment. The Future of Children, 8,
39-53.
Grych, J.H., Jouriles, E.N., Swank, P.R., McDonald,
R. & Norwood, W.D. (2000). Patterns of adjustment
among children of battered women. Journal of
Consulting and Clinical Psychology, 68, 84-94.
Hughes, H.M. & Luke, D.A. (1998). Heterogeneity
In Adjustment Among Children Of Battered Women. In G.W.
Holden, R. Geffner & E.N. Jouriles (Eds.). Children
Exposed To Marital Violence (Pp. 185-221).
Washington, D.C.: American Psychological Association.
Peled, E. (1998). The experience of living with
violence for preadolescent witnesses of woman abuse. Youth
& Society, 29, 395-430.
Straus, M.A. & Gelles, R.J. (1990). Physical
violence in American families. New Brunswick, NJ:
Transaction Publishers.
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