Toward a Gender-Neutral Policy: Protecting the Rights of Men - Term Paper Example

 Toward a Gender-Neutral Policy: Protecting the Rights of Men Abstract Men are predominantly the abuser in domestic violence situations. Yet recent data indicates that women initiate abuse at a far higher rate than once assumed. A new provision gives police the power to issue restraining orders that may force an abuser from the home. Considering the pervading socio-cultural biases, and despite recent statistics, concerns are that men may be unfairly targeted in this new scheme. This paper details the problem and suggests a course of action intended to remedy this potential injustice. 1 Toward a Gender-Neutral Policy: Protecting the Rights of Men Executive Summary Overview of Problem - Domestic violence rates in the U.K. have remained high despite laws aimed at criminalizing domestic violence and increasing the reporting of violent offenses to the police.Domestic violence is the cause of as much as 25 percent of all reported violent crime (British Crime Survey report, 2007-08).Surveys from the Home Office and a British Crime Survey have revealed that men were the victims inmore than 40 percent of domestic violence incidentsreported between 2004 and 2009. Yet cultural biases and gender pressures prohibit men from reporting acts of violence against them from women. “Domestic violence is often seen as a female victim/male perpetrator problem, but the evidence demonstrates that this is a false picture,” said a 2010 report from the charity group Parity. Outline of the Problem Introduction - This paper proceeds from the understanding that domestic violence as a whole – and violence against men in particular - represents a far more pervasive problem than is reflected in current government policy. This perspective provides the basis for a discussion of constraints, and of opportunities, to strengthen the rights of male domestic violence victims in the U.K. Recent proposals and subsequent inhibiting factors will be discussed, followed bythe presentation of a targeted policy initiative. 2 Context: Summary and Identification of Impacted Group - The intent of this paper is to recommenda program for adopting a more equitable policy stance vis a visimproved victim advocacy for men. The outcome of a more enlightenedapproach would beheightened awareness of a far more troublesome issue than has generally been understood. As the government moves ahead with a test program intended to better protect domestic violence victims, policy should reflect a more balanced approach to gender –based violence. Otherwise, men will be vulnerable to what may well amount to cursory justice. Cause of the Problem:Impact of Current Conditions - In 2009, the Labour Party announced its intention to give police unprecedented authority in domestic violence situations. Their proposal included Domestic Violence Protection Orders, also known as Go orders, which wouldrequire violent offenders to leave their homes immediately for up to two weeks, giving victims a respite during which they could reflect on their situation in safety and determine a course of action. Offenders who violate the terms of aGo orderwould be in contempt of court, subject to further criminal charges and could be incarcerated. Previously, only offenders placed under arrest could be removed from the premises. A Go order would give police extensive discretionary power to act on behalf of a victim believed to be in imminent danger. Despite its non-gender-specific language, the scheme has been criticized for giving police too much leeway to act based on conflicting information and 3 possiblyspurious claims made at the scene of the crime. This is troubling in light of the fact that police, in general, have too little training to accurately assess and react to oftenconfusing circumstances surrounding a domestic violence event. Men continue to be responsible for domestic violence incidents by a considerable amount, however, the 2009 study revealed that violence against men rose considerably between 2004 and 2008. Nearly 3,000 women were convicted of domestic violence in 2008-2009, compared to just over 800 in 2004-2005 (British Crime Survey, 2008-09). In 2009, given the most recent data available, women were responsible in roughly one fourth of all domestic violence attack. While social analyses of this phenomenon are conflicted, exchange theory offers a potential causal explanation that transcends external factors. In brief, exchange theory assumes that “human interaction is guided by the pursuit of rewards and the avoidance of punishment and costs…(for which) individuals will use force and violence in their relationships with intimates and family members if they believe that the rewards of force and violence outweigh the costs of such behavior” (Jackson, 2007). The following “equation” illustrates the most basic explanation of exchange theory. In assessing a domestic situation, an offender is more likely to engage in abusive behavior if there is a minimal chance of punishment, or other negative outcome. 4 Exchange Theory –(REWARDS-COSTS)=OUTCOMES or (“What I get out of it”-“What I lose by doing it”)=”My decision” *(Sociology of the Family; http://freebooks.uvu.edu/SOC1200/) Theoretical Opportunity The following diagram reinforces the model that says people will determine the risk associated with certain behaviors before acting. “(The) interaction between two actors …results in various contingencies, where the actor modify their resources to each other’s expectations. Power is the mechanics that can explain the relation of the actors” (Emerson, 1962). In this light, exchange theory can be used to illustrate that only an appreciable threat of retribution will impact the prevalence of domestic violence in British society. (J.Kwong; Helping Behavior) 5 Current Role of Government Institutions, Commitments and Misperceptions - The Home Secretary, Crown Prosecution Service (CPS) and police are integral to enacting and enforcing domestic violence laws. The police administer DVPOs under the Crime and Security Act of 2009. The new law gives police considerablelatitude in handing out Go orders which, according to the law,may be issued to anyoneover 18 who has been violent toward another, or who the officer believes may perpetrate violence on a particular individual. Subsection three of the law’s DVPO section says the officer must consider the opinion of the person on whose behalf the order is to be issued, and the opinion of another person living in the establishment in question. Wording of the new law leaves innocent individuals potentially vulnerable to false allegations at the scene of the crime. In particular, men may prove particularly vulnerable to police officers executing an order based upon too-easily falsified pretenses. In a 2005 Independentarticle, Professor John Archer, an expert on male and female aggression, said that “battered men are treated as figures of fun by society and that policymakers must treat domestic abuse against both men and women with equal seriousness” (Goodchild, 2005). Recent studies may indicate, and help reinforce, a generally held perception that when it comes to domestic violence, men are “guilty until proven innocent.” A 2009 Ipsos Mori survey revealed that 1 in 5 people believe it’s acceptable for a man to strike his partner “if she is wearing revealing clothes” (Crimestoppers.com, 3/9/2009).The Home Secretary’s office has taken aggressive action to protect women, including the implementation of a 6 domestic violence registry and a pilot program that gives immigrant victims of domestic violence access to public funds.The language in which the new law is written is gender-neutral and, as such, makes no reference to: 1) the rising trend of women battering men, and; 2) recognition that the police, who are implementing the new schemes, will be prepared to deal equitably with domestic violence situations. Range of Agencies– A Home Office report in 1986 emphasized the need to separate the criminal justice system from domestic situations. It stressed instead the need for education and training aimed at teaching couples to resolve conflict peacefully. Just three years later, special police units had been established specifically to deal with domestic violence and the CPS was given authority to decide charges in domestic violence cases (Glennerster, p. 166, 2007). Twenty years later, the CPS domestic violence annual report listed child abuse, crimes against older people, prostitution and human trafficking. There was no mention of domestic violence against men (CPS, 2008-09). Existing Data Outline - Data from the Home Office for 2008-09 showed that two out of every five domestic violence victims are men. Seventeen percent of men have experienced abuse from their partner since the age of 16. One of the most disturbing facts reveals that in 2007-08, two men were murderedevery three weeks by a partner or former partner. Age appears to be a factor, with 7 men between the ages of 20 and 34 more likely to suffer abuse than those aged 35-59 (British Crime Survey Report, 2009). Data: Strengths and Weaknesses – One strengthofthe available data points out specific problem areas, for instance, the higher rate of violence against younger men. Domestic violence data shows that men abuse women at a far higher rate, a chronic national problem that the Home Secretary is well-justified in attacking. However, it does obscure the fact that abuse of men is on the rise, a trend that continues to receive short shrift among government agencies, such as the CPS. Despite helping pinpoint specific problem areas, the gathering of domestic violence data, on either gender,is problematic and hard to utilize as a practical and effective tool. “Domestic violence remains difficult to monitor. This is partly due to the range of behaviours that could be related to DV. However a fundamental reason for this monitoring difficulty is the inconsistent reporting of DV within and across agencies” (Cambridgeshire Domestic Violence Strategy, 2008). Data Gap - There is adecided lack of reporting on the rate of domestic violence incidents that prove to be either unfounded or misleading. This information, if made available, could help shed badly needed light on the problem and yield a more helpful and accurate view. Better coordination between the CPS and police departments would produce useful statistical information that needs to be included in future domestic violence reports. This is crucially important since this information is used to help shape policy initiatives. 8 Strategy Outline Current Practice – As has been discussed, current policy is framed by a fundamental assumption that a man is far more likely to perpetrate domestic violence and, therefore, it can be assumed that a man is probably to blame for a given domestic violence incident. Given the proposed new police powers, it is important that this assumption be tempered by an awareness that women are, in increasing numbers, initiating domestic violence. This requires a rethinking of fundamental cultural tradition. “Reconsidering domestic violence as a problem for men would involve asking a different set of questions in debates about public policy, the family, sexuality and crime” (May, 2001). To serve that end, the government must offsetelevated police power in domestic situations with a stepped-up, mandatory training program aimed at police agencies, prosecuting attorney’s offices, health workers and crisis and counseling center staff members. New Institutions - A new institution or agency, one charged with oversight matters in domestic violence cases, must be established in order to investigate incidents where a police officer has improperly issued a Go order, or placed a man under arrest amid questionable circumstances and claims from a complainant. (This agency would provide the same protections for women.) Under the current law, an officer can serve a Go order even in the absence of evidence needed to bring criminal charges. In such a case, the proposed oversight agency would have power to convene a review panel, which would ask officers a series of questions designed to determine the credibility of their decision, based on pre-established criteria. The existence of this agency, which 9 would have the power to recommend that an officer guilty of egregious and/or willful errors of judgment be removed from duty. This process would motivate police to perform due diligence in determining to what extent a domestic violence situation warrants removing an alleged offender from the premises. Training - essential to minimizing police error and abuse - would be the charge of an agency aimed at administering a permanent training module, required annually for all police; prosecuting attorneys and staff; health workers; and crisis center and community health councilstaff. This agency’smodus operandi would be to emphasize to law enforcement and victim advocates that domestic violence is not bound by gender. In addition to best practices, training would share current statistics that accurately reflectthe reality of the current situation, which is that domestic violence affects men as well as women. Ongoing training would help prepare police to think critically and make more informed decisions in what are typically highly charged environments. Other Agencies – Working under the auspices of the CPS, law enforcement jurisdictions throughout the U.K.would upload DVPO information into a national computer database. This database could be accessed via telephone or secure Web site and provide concerned individuals with up-to-date information about the status of a standing Go order.This this automated computer-telephone service would provide pertinent information on the conditions of a Go order and any available 10 information as to the dispositionof the related case, if criminal charges have been brought. Such a system would benefit everyone concerned in a domestic violence incident. For instance, men who wished to contest a Go order would have ready access to the information they need concerning their DVPO(and case) status. There would also be a reduction in confusion as to terms, expiration date, court date or other essential information. Strategy Assessment Since legislation containing the DVPO provision is relatively new, no measurable data yet exists but the strategy outlined above would be measured by: 1) the comparative rate of domestic abuse acts committed by men and women, and 2) the rate at which Go orders are contested. This data would be compiled every four years as part of the British Crime Survey and used to assess not only the success of the strategy put forth in this paper but the effectiveness of the DVPO provision itself, enacted as part of the Crime and Security Act. Fully implemented, this approach would help safeguard the rights of domestic violence abuse victims, both women and men, and the legal rights of all citizens under British law. 11 References British Crime Survey.“Homicides, FirearmOffences and Intimate Violence 2007/08.”Home Office Statistical Bulletin 02/09(published 22nd January 2009). Cambridgeshire Domestic Violence Strategy. 2008-11, p. 8 Cook.K.S. (1977).“Exchange and Power in Networks of Interorganizational Relations.”The Sociological Quarterly, 18 (Winter 1977): 62-82. Crimestoppers.com. (2009). “1 in 5 Think Domestic Violence is Justified.” ttp://www.crimestoppers-uk.org/media-centre/crime-in-the-news/crime-news-archive/march-2009--crime-in-the-news/ Latest Crime Statistics.” Crown Prosecution Service, Violence Against Women Report2008-09. Emerson, R. (1962).“Power-Dependence Relations.”American Sociological Review, 27(1): 31- 41. Glennerster, H. (2007). British Social Policy:1945 to the Present. Oxford, U.K.: Blackwell Publishers, Ltd. Goodchild, S.(2005). “Record numbers of men are being hit by their stressed-out wives and girlfriends.” The Independent, 13 Jan. Jackson, N.A. (2007). Encyclopedia of Domestic Violence. New York, N.Y.: Routledge. May, M. (2001).Understanding Social Problems: Issues in Social Policy. Oxford, U.K.: Blackwell Publishers, Ltd. 12 Read More