Issues with Domestic Violence

Domestic violence seems to be one of the oldest crimes yet it is so difficult to detect and prevent. There have been laws written to directly address the problem of domestic violence. This has helped with the identification and response to the problem by law enforcement and intervention groups. Despite the recognition, these attempts seem to be doomed to fail due to the underlying problem with lack of cases being reported all together. Domestic violence has existed behind closed doors since the beginning of time, I do not think it is something that we will ever see disappear.

                In the State of Washington, domestic violence has been defined by state code 26.50.010. The code presents a very broad definition of both the actions that constitutes domestic violence but also the groups of people who can be affected by it. I think the best part of the Washington law is that it includes not only physical harm, but also the simple fear of being in danger of harm (RCW 26.50.010). Just the fear of being a victim of domestic violence prevents some women from leaving, so creating a law that defines the fear of harm as just as bad as actual harm help from a legal standpoint resolve some of that issue.

                Another thing I like about the state’s definition is that it does not simplify the parties involved in domestic violence as just man vs. women. Although a male offender and female victim is the stereotypical example that people tend to think of in a domestic violence situation, in reality it is much more widespread than that. The definition includes anything from married persons, adults living together to relatives (RCW 26.50.010). I think that having a definition this broad helps encompass anyone who could be a victim of domestic violence.

                Having a broad definition I think is a good step to have in the fight against domestic violence. There are some problems I see with the enforcement and prevention of domestic violence situations. In Washington State a victim of domestic violence can get a temporary order of protection. On paper I see this as a very good solution to the problem. The temporary order is written to help protect someone from being victimized from more violent acts by setting rules of contact between parties and sets rules regarding having a perpetrator and victim from being near each other (RCW 26.50.070). This idea is very good and I support any situation where protection orders are helpful. However, I see a major problem in the false comfort a protection order might give. Without having the police constantly follow an offender, or track him through gps, there is almost no way to prevent any volition. The victim can report the violation after the fact at which time police can respond and deal with it, but in some cases this could be too little too late. Without taking away the privacy of both the victim and offender through tracking, there is no real cost effective way to ensure that orders of protection are followed.

                 Despite having their strengths and weaknesses having laws in place to protect victims does no good if there is no reporting victim. All of the laws in the world cannot protect someone who is being victimized yet has not reported it. Sadly I see this as the biggest obstacle in the fight against domestic violence. Domestic violence may seem like a huge problem, but it is actually much worse than what we know about. According to the text, the FBI estimates that only 10% of domestic violence is reported to the police (Olivero, 2005). Thinking about that in terms of scale, the reported amount of domestic violence is not even the tip of the ice burg. So despite all the efforts in creating good laws and having a swift law enforcement response, only a small fraction of the victims are actually being addressed.

                It is hard to fix a problem that on paper does not even exist because it is not reported. I think that until reporting of the crime occurs in the majority of the cases, domestic violence will still go on undetected for many years. Some attempts have been made to help detect the victimization. For example, the inclusion of mandatory reporting by hospitals (Olivero, 2005) helps increase the number of cases that are reported. Not all victims are given medical treatment therefore the hospitals cannot detect what they cannot see.

                I think that domestic violence will continue to be one of the most widespread undetected crimes forever. Even if reporting of the crime increases and a majority of domestic violence is detected there will still be cases of it that fall through the cracks and are not detected. This is not to say that the current enforcement and detection is bad. I think that any case of domestic violence that is prevented is a good thing. Unless there is a radical change in the behaviors of society that totally get rid of crime altogether, there is bound to be many victims of domestic violence.