NCJ Number
127140
Journal
Arizona State Law Journal Volume: 21 Issue: 3 Dated: (Fall 1989) Pages: 705-728
Date Published
1989
Length
24 pages
Annotation
After examining the nature and extent of wife abuse and the legal response to the problem in the United States, this article discusses the legal recourse for battered women against police who fail to protect them from their abusers.
Abstract
Social science research indicates that men's physical abuse of their wives is extensive, and police and social service agencies have been slow to adapt to changing concepts of the causes and potential public-policy cures for the problem. Although research shows that arrest of batterers is the most effective tactic, officers still respond to wife battering based on male justifications for wife abuse and outmoded notions of women's roles; consequently, police fail to arrest batterers and to protect battered women. Battered women may compel police to protect them by suing to vindicate their constitutional rights to adequate police protection. The equal protection clause of the 14th amendment can be used to protect abused women from gender discrimination. A battered woman can successfully establish gender classification when police policy and practice display discriminatory stereotyped views of women's roles. Statistical data are also available to show the disproportionate impact of police policies upon women. As battered women sue the police in greater numbers, individual monetary victories will not only result, but public policy reforms will improve police protection for battered women. 180 footnotes