Background

1. Charged with Crime: Women’s Use of Violence in Heterosexual RelationshipsShamita Das Dasgupta, Ph.D., D.V.S.Aarohan-2013

2. Background • Research Categories • Intimate abuse is gender neutral • Women’s violence against male partners is self-defense and/or retaliatory • Women’s violence has multiple corollaries • Research tool: CTS & CTS2 • Mandatory, Preferred, & Pro- Arrest Policies Slides prepared by: Shamita Das Dasgupta, 2013

3. Fatalities Committed by South Asian Women in the U.S. • Women: 12 (murder: 5; murder/suicide: 4; attempted suicide with DV related murder: 3) • Men: 9 (murder: 7; attempted murder: 2) • Children: 15 (murder: 10; attempted murder: 5) • TOTAL: 36 (1996-2012)

4. Women Charged with Crimes in the South Asian Community • In situations where women have killed their male partners: • Marriage is relatively new • Presence of pornography • Coercion to act out pornography • Lack of information re: available assistance • Where OFP is against her: • He is more familiar with the legal system • She trusts him to protect her • She is fearful of tarnishing family reputation

5. She Called the police Crying, screaming She talks about her behavior and actions She takes responsibility How can I help him? He Tried to stop her from calling Calm He talks about her behavior and actions It’s not my problem If she hadn’t … She is mentally ill When she calls the police… At the scene …

6. BEHIND THE SCENES?

7. Her Arrest & Conviction Have an Impact On • DV shelters’ willingness to accept her • His ability to use arrest & incident details against her at “home” • Her public benefits including housing & financial aid • Her employment and/or schooling • Her immigration status

8. When she is arrested What are the Assumptions?

9. What should she look like? • Compliant • Helpless • Quiet - unprotesting • Seeks Help • Protects Her Children • Looks Beaten Down • Crying

10. If she isn’t, then… She is: • Psycho-bitch • Liar • Manipulative • PMS’ing • Doesn’t Look Bruised • Doesn’t Protect Her Kids • Violates “The Code” • Femi-nazi • Mentally ill • Planned to get immigration

11. Language

12. Use of Force …refers to physically, verbally, and emotionally detrimental behaviors used toward an intimate partner…to gain short term control of chaotic, abusive and/or battering situations. (Dasgupta, 2002; House, 2001; Larance, 2006; Osthoff, 2002)

13. Understanding Women’s Use of Force • Women are not “naturally” non-violent • Different cultures support various degrees of violence by women • Infrastructure developed to deal with domestic violence has not made provisions for women who use violence • “Battering” has to be distinguished from “violence”

14. What is Battering? • Battering is a systematic course of action • Battering is a tool of intimidation, control, & subjugation • Battering may or may not be established by physical and/or sexual violence • Not all conflicts can be termed “battering” • One’s entitlement to power plays a major role in a battering relationship

15. Definitions of Battering • Narrow: Only physical assault -- Used by academic & researchers (Straus, 1999) • Goal: End all physical assaults • Broad: Coercive control -- Used by service providers & activists • Goal: End oppression of women

16. Characteristics of Women’s Use of Force in Intimate Relationships • The majority of women who use violence against their male partners are battered women • Women’s abusive behavior tend not to produce desired outcome • The injuries resulting from men’s and women’s violence are significantly different

17. “I had had enough.” - Sadia

19. Contrasting Men’s and Women’s Use of Force • Patriarchy endows the male gender role with authority, dominance, & power • Cultural ideals of femininity encourage subservience, passivity, & dependence • Culture and institutions of a society provide moral & material support for male violence in intimate relationships

20. In Court… “I believed if I just told the whole truth then everything would be fine.” - Minoo, South Asian woman

21. Women’s Use of Force Increases: • His violence toward her and, therefore, risk to her safety (Swan and Snow, 2002). • Likelihood that she will be injured severely by her male partner (Archer, 2000). • Risk that she will use force again  putting her at increased risk of future harm (Larance, 2006, 2007).

22. Factors in Women’s Use of Force • Consider context of violence • Consider history of battering and victimization • Understand intent of behavior • Assess predominant aggressor • Develop educational program • Strengthen advocacy

23. “She is Not a Survivor” (Are You Sure?) • “It was just a fight with another woman.” • “But her husband is a great guy…” • “She says she is not afraid of him.”

24. Fear Factor… • Does she dread his presence? • Does she dread his findings? • Does she dread what he can do to her if she doesn’t comply with his demands?

25. Pertinent Issues in Advocacy • Differentiate abuse, battering, power and control • Understand women’s use of violence historically and contextually • Assess problem of substance abuse • Explore behavioral alternatives • Understand the role of race, class, ethnicity, nationality, and residency status

26. Three-Step Response • Train police to distinguish “self-defense” in South Asian women • Train public defender to avoid plea bargaining by assessing context violence • If there is history of battering, diversionary procedure is evoked: • Court ordered to counseling/educational program • Upon successful completion, record is expunged • Help practitioners understand South Asian women may feel there is no ‘legitimate’ way they can escape abuse

27. Give women a chance… Understand Educate Advocate