Offense Type and the Arrest Decision in Cases of Intimate Partner Violence

Durfee, Alesha; Fetzer, Matthew D.

doi:10.1177/0011128714540277

Cited by 34 publications

(65 citation statements)

References 36 publications

(68 reference statements)

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“…Presently, jurisdictions have moved toward primary aggressor laws or proarrest laws (Messing et al, 2015). Despite these changes, the majority of IPV incidents do not result in arrest (Durfee & Fetzer, 2016; Eitle, 2005).…”

Section: Police Response To Ipv and Stalkingmentioning

confidence: 99%

“…The most robust and consistent predictors of arrest in IPV incidents included the presence of a weapon (Dichter et al, 2011; Durfee & Fetzer, 2016; Eigenberg et al, 1996; Eitle, 2005; Hamilton & Worthen, 2011), victim injury (Bachman & Coker, 1995; Buzawa & Austin, 1993; Dichter et al, 2011; Durfee & Fetzer, 2016; Eitle, 2005; Hamilton & Worthen, 2011; Robinson & Chandek, 2000; Tatum & Pence, 2015), presence of witnesses (Buzawa & Austin, 1993; Eigenberg et al, 1996; Hamilton & Worthen, 2011; Robinson & Chandek, 2000), and victim preference (Buzawa & Austin, 1993; Eigenberg et al, 1996). Extralegal factors, such as alcohol involvement, have also predicted arrest (Dichter et al, 2011; Durfee & Fetzer, 2016; Hamilton & Worthen, 2011; Roark, 2016). In terms of race/ethnicity, some studies have demonstrated that arrest has increased in IPV incidents involving White victims when compared with other racial/ethnic groups (Dichter et al, 2011; Eitle, 2005; Hamilton & Worthen, 2011; McCormack & Hirschel, 2018).…”

Section: Police Response To Ipv and Stalkingmentioning

confidence: 99%

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The Nexus Between Intimate Partner Violence and Stalking: Examining the Arrest Decision

Garza¹,

Franklin

Goodson

2020

Criminal Justice and Behavior

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The present study used a stratified random sample of 332 case files from a sizable, urban police department located in one of the five largest and most diverse U.S. cities to examine the effect of previous stalking on arrest decisions among intimate partner violence (IPV) cases. Relevant extralegal and legal case factors were estimated in a multivariate binary logistic regression model to determine correlates of arrest. Findings revealed that previous stalking behavior was not related to arrest. Evidence and physical injury significantly increased the odds of arrest. Presence of witnesses, alcohol involvement, and history of IPV also significantly increased the odds of arrest. Future research and policy implications are discussed.

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Section: Police Response To Ipv and Stalkingmentioning

confidence: 99%

Section: Police Response To Ipv and Stalkingmentioning

confidence: 99%

The Nexus Between Intimate Partner Violence and Stalking: Examining the Arrest Decision

Garza¹,

Franklin

Goodson

2020

Criminal Justice and Behavior

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“…Rape by an intimate partner is one of the most under-reported and unsubstantiated crimes. 230 Many women, of all ages, do not perceive coerced sex in intimate relationships as rape because of the intimate nature of the relationships. 231 Some feel that they are obliged by their marital status to submit to their husband's sexual wishes.…”

Section: Victims Of Intimate Rape: the Case Of Sexual Abuse By An Intmentioning

confidence: 99%

Me Too? The Invisible Older Victims of Sexual Violence

lazar¹

2020

MJGL

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A review of legal research on violence against women and elder abuse reveals a disturbing picture. There is hardly any American legal research examining sexual abuse of older women and its conceptualization in legal literature and treatment in the legal system. This Article attempts to fill the abovementioned gap and to bring the hidden issue of sexual violence against older women to light. Scholars writing on rape, violence against women, and elder abuse tend to analyze age and gendered sexual violence separately from each other, without accounting for their interplay. This Article proposes a conceptual framework of sexual abuse of older women that integrates age and gender in the analysis. To achieve this end, this Article examines 109 publicly available American cases involving sexual violence against women over the age of 60, between the years 2000 and 2018, which are based on a search of 1,308 American cases. Based on this new empirical database, this Article offers an opportunity for analyzing the social and legal “taboo” regarding sexual abuse of older women. Despite findings indicating that sexual abuse of older women (and older people in general) is a significant issue creating serious consequences for victims, the Article shows that legal actors, social workers, health professionals, family members, and society miss its signs. Sexual abuse of older women is being noticed and treated by the criminal justice system only when it reflects a “real rape” 1 scenario. The obstacles to effective prosecution and to full access to the criminal justice system are distinctive in the case of older victims because of the effect of age, the way age shapes the experience of older victims of sexual violence, the effects of sexual violence on the victims, and its interplay with gender. Although sexual violence against older women is a form of elder abuse, it should be viewed separately from other forms of elder abuse and should be understood as part of a wider context of gender-based violence. There is a need for a holistic approach to sexual violence of older women, which perceives the sexual violence as a unique phenomenon and provides older women with legal and social mechanisms that fit their needs and experience both as women and elderly people.

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“…In the absence of risk assessment tools, police officers used their subjective judgment and experience to assess risk. Police officers most commonly respond to incidents of IPV without a risk assessment tool, instead taking into consideration the characteristics of the incident (Tatum & Pence, 2015;Dawson & Hotton, 2014;Poon et al, 2014;Durfee & Fetzer, 2016;Kane, 1999). These characteristics tend to include situational, offender, and victim factors.…”

Section: Introductionmentioning

confidence: 99%

“…Male police officers who score high in sexism show a preference for conditional law enforcement in cases of IPV (Gracia et al, 2014). Further to this point, many officers do not view sexual abuse as a form of IPV, which results in a decision not to respond to these calls with as much frequency (Durfee & Fetzer, 2016;Johnson et al, 1994). While this is troubling, progressive policing philosophy and the gender of the officer have been found to increase enlightened views of IPV and impact responses in a positive way (DeJong et al, 2008).…”

Section: Introductionmentioning

confidence: 99%

Use of the ODARA by police officers for intimate partner violence: Implications for practice in the field

Ballucci

Campbell

Gill

2020

JCSWB

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Despite research demonstrating the validity of the Ontario Domestic Assault Risk Assessment (ODARA) for appraising risk of subsequent intimate partner violence, gaps remain with regard to its actual use by police officers in the field. The primary goals of the current study were to assess the rate at which the ODARA was used by police officers for intimate partner violence (IPV) in the Canadian context and to identify factors associated with its use. The current study used 142 randomly selected police files meeting criteria for IPV from three police agencies in an Atlantic Canadian province, following province-wide training on domestic violence and the ODARA. The ODARA was used by police in 60.3% of cases, though more commonly when physical Violence was present at index (70%). Significant ODARA use variation was noted across the three police gencies. ODARAs were more likely administered when the suspect was using drugs/alcohol (76.4%), the incident was between parties in a current intimate relationship (67.0%), when physical violence occurred in the index event (70.6%), and when a weapon was used (84.2%). Decisions to arrest and recommend charges to the prosecutor were predicted by higher ODARA total scores, above and beyond the influence of the police organization, suspect/victim characteristics, and incident context variables. Results are discussed in the context of police discretion/decision-making and the need for stronger implementation and policy use guidelines for risk appraisal by police officers, which includes a better understanding of IPV and the ODARA.

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Offense Type and the Arrest Decision in Cases of Intimate Partner Violence

Cited by 34 publications

References 36 publications

The Nexus Between Intimate Partner Violence and Stalking: Examining the Arrest Decision

The Nexus Between Intimate Partner Violence and Stalking: Examining the Arrest Decision

Me Too? The Invisible Older Victims of Sexual Violence

Use of the ODARA by police officers for intimate partner violence: Implications for practice in the field

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