Domestic Violence (cont.)
How is intimate partner abuse legally addressed?
Laws against domestic abuse are essential in the effort to protect battered
men and women from their abusers. Federal law, like the Violence Against Women
Act (VAWA) that was passed in 1994 and renewed in 2000, as well as federal
anti-stalking and anti-cyber-stalking legislation, provide significant prison
terms and fines of up to more than $200,000 to discourage abusive behaviors.
Limitations of this protection include the enforcement of legal protections for
all victims, as well as the omission of legal protection for gay, lesbian,
bisexual, and transgender (GLBT) victims of intimate partner violence. Although all 50
states and the District of Columbia have laws against
stalking, less than one-third have laws that address cyber-stalking. Also,
stalking can be difficult to define, since it can take the form of virtually any
pattern of harassing behaviors. Furthermore, most stalking laws require that a
credible threat of harm be made toward the victim or the victim's immediate
family.
Mandatory reporting, the legal requirement in less than 10 states that health
professionals are required to report suspected instances of domestic violence to
the police, is a somewhat controversial legal intervention for domestic
violence. While mandatory reporting may result in some partner violence victims
and perpetrators receiving the treatment they need, it is thought by some to
place the victim at risk for experiencing a worsening of the abuse as a result
of angering the abuser. Another criticism of mandatory reporting includes the
violation of doctor-patient confidentiality that is important for effective
treatment to occur.
What is the prognosis for domestic violence?
Gay, lesbian, bisexual, and transgender (GLBT) victims of battering face a
number of obstacles to getting help. Misperceptions that GLBT people who are
battered participate in mutually abusing each other and that abuse is part of a
perceived dysfunctional relationship can result in health-care providers and law
enforcement failing to respond appropriately to GLBT abuse sufferers. The mere
inexperience that professionals have in managing intimate partner violence in
GLBT relationships can also interfere with victims and perpetrators receiving
appropriate and timely help.
Next: How can intimate partner abuse be prevented and stopped? »
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