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Spousal assault

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Also known as domestic assault or intimate partner violence, spousal assault usually involves violence between domestic partners and is most often committed by men toward women. Female victims of such violence are usually emotionally attached and often financially dependent on their abusers, which may lead them to go through what’s known as the cycle of domestic violence (see Figure 5-1).

Domestic violence victim services are much more commonplace today than 20 years ago. These services include short-term shelters for women and children fleeing from violence, along with counseling and employment services to help victims break the cycle. Perhaps not coincidentally, victimization survey results show that incidents of domestic violence in the United States have been steadily declining since 1993. (Check out Chapter 3 for more on victimization surveys and Chapter 4 for more on victim services.)


FIGURE 5-1: The cycle of domestic violence.

Keep in mind, though, that gathering a true statistical picture of the scope of intimate partner violence is difficult. By nature, this violence occurs within the home — away from witnesses — which makes arrest and prosecution difficult.

In cases of spousal assault, conflicts sometimes occur between law enforcement officers and victim service providers. Law enforcement officers are generally concerned with obtaining evidence to punish the violent offender. On the other hand, victim service providers want to protect the victim. In doing so, they may take actions that inhibit an investigation, such as refusing to disclose the victim’s location to police.

Fortunately, as victims’ rights have become a more significant part of the criminal justice system, such conflicts are becoming less common (see Chapter 4 for more on victims’ rights). Nonetheless, finding a female domestic violence victim who is willing to cooperate with the prosecution against an offender is still unusual. Often, the victim refuses to cooperate.

Because most domestic violence doesn’t involve severe injuries, a typical sentence for a spousal assault charge involves probation and some jail time, along with requirements to complete anger management training and perhaps drug or alcohol treatment. Sometimes, however, spousal abuse does result in serious injury to the victim. When that occurs, the offenders may receive prison sentences of one to ten years or more.

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