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Help or Harm? Criminalizing Intimate Partner Violence and Feminist Abolitionist Frames.
Katelyn Derr1, Angela J Hattery1, Earl Smith1
1Department of Women & Gender Studies, Center for the Study & Prevention of Gender-Based Violence, University of Delaware, Newark, DE, USA.
Violence Against Women
|February 27, 2024
Summary
Feminist abolitionists reveal how the criminal legal system can both help and harm domestic violence survivors. The study suggests alternative interventions to improve safety and reduce carceral system impact.
Area of Science:
- Criminology
- Feminist Legal Theory
- Sociology of Law
Background:
- Decades of feminist activism led to the criminalization of domestic violence.
- Feminist abolitionist perspectives highlight the harms of the carceral state on all involved, including victims/survivors.
- The criminal legal system's dual role in addressing intimate partner violence (IPV) requires critical examination.
Purpose of the Study:
- To investigate the complex effects of the criminal legal system on individuals impacted by intimate partner violence.
- To explore instances where the criminal legal system provided assistance versus causing harm to victims/survivors.
- To propose policy interventions that center victim/survivor safety and reduce reliance on the carceral system.
Main Methods:
- Qualitative study based on in-depth interviews.
- Diverse sample of 22 system-impacted individuals (women and men).
- Analysis of experiences with the criminal legal system in the context of intimate partner violence.
Main Results:
- Evidence demonstrates the criminal legal system's capacity to both aid and inflict harm on domestic violence victims/survivors.
- System-impacted individuals shared varied experiences, highlighting the nuanced outcomes of legal interventions.
- The study identifies specific ways the carceral system's involvement can exacerbate harm and surveillance.
Conclusions:
- Policy interventions should move beyond traditional criminalization to center victim/survivor needs.
- Alternative methods are crucial for intervening in intimate partner violence relationships effectively and safely.
- Reducing the carceral system's footprint is essential for mitigating harm and enhancing survivor well-being.
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