October is Domestic Violence
Awareness Month
October 2, 2002
by Wendy McElroy
October is Domestic Violence Awareness
month. To deal effectively with domestic violence, it is necessary to
see beyond the politically correct approach to this issue.
Some victims need an alternate method
of handling domestic violence, which allows them to preserve their relationships
while preventing future violence.
Domestic violence is undergoing a redefinition.
For example, it used to be considered a "woman's" issue: that is, men
commit violence against women. But men's rights advocates have vigorously
publicized an impressive body of research indicating
that the sexes batter each other at roughly the same rate. The changing
face of the domestic violence victim is only one departure from political
correctness.
The concept of Restorative
Justice is another.
Restorative Justice is the collective
name given to various approaches to domestic violence which try to end
the violence through techniques such as therapy, negotiation and community
involvement. Restorative Justice has the twin goals of a) restoring
to the victim what has been lost -- e.g. dignity or control, and b)
achieving a resolution between the parties in conflict.
It is always wrong to strike another
person in anything but self-defense. But when violence occurs, the one-size-fits-all
solution of criminal prosecution isn't what many victims want. There
should options beyond going to court or silently enduring the violence.
This new paradigm offers another option.
Restorative
Justice stands in sharp contrast to the traditional criminal approach.
It defines the abuse as violence against another person to whom a debt
therefore is owed, not as a crime against the state. It emphasizes problem
solving and prevention, not guilt. The parties directly involved decide
what is a "just" outcome rather than leaving that decision to a law
book or a government agency.
Restorative Justice solves the social
problem of domestic violence without creating a second one (incarceration
in a bulging prison system). Moreover, the abuser takes responsibility
for the violence rather than merely enduring punishment and, so, true
remorse and reform become more likely.
Restorative Justice will not work for
everyone. It will certainly not work in circumstances where the abuser
has no remorse. But for situations in which dialogue, therapy and arbitration
are possible, Restorative Justice "workshops" can be
positive. Such workshops are beginning to spread, often with the encouragement
of police departments.
One of the main barriers to the spread
of Restorative Justice is the hostile reaction of politically correct
feminists. In its summer 2000 issue, Interaction, the publication
of the Canadian Network Interaction for Conflict Resolution, recounts
a confrontation between the director of a woman's group and a group
of non-profit agencies using Restorative Justice.
The feminist attacked them for "focusing
on the abuser," screaming, "Women's lives are at stake!"
A director from a non-profit recalled,
"No one responded ... The truth was all of us were savvy enough to know
she wasn't asking for a response that involved discussion or dialogue,
rather a strong clear message about Restorative Justice was being delivered.
The message was 'STOP!'"
Similar scenarios
are being played out wherever Restorative Justice is tried. PC feminists
argue that working to preserve the family in the face of violence not
only ignores the damage done to the victim but also places her (or him)
back into a dangerous environment. And, in some cases, that criticism
may be right. But it must be remembered that Restorative Justice is
not a substitute for criminal penalties: It is an alternative that exists
in parallel with them.
Many valid questions can be raised concerning
current Restorative Justice programs. For example, they may not be sufficiently
condemnatory of abusers; the facilitators are often lay people, from
churches or other non-profits.
But the PC objections are largely invalid
and may spring from the fact that Restorative Justice is a reproach
to the standard feminist view of domestic violence. For example, Restorative
Justice argues that zero tolerance -- imprisonment for a first offense
-- may be a damaging approach when the victim favors forgiveness and
resolution.
Perhaps PC feminists perceive a threat
to "the domestic violence industry" --
a multibillion-dollar "business" that has ballooned on taxpayers' backs.
Included in this industry are the shelter directors, therapists, political
advocates, lawyers, university professors, social workers, and consultants
whose incomes derive from domestic violence. It would be embarrassing
if non-profit organizations could solve the problem as well ... or better.
It must be repeated: No one should be
battered. No one should be battering. But when violence happens, there
should be more than one option available.
This October, the best way to honor
Domestic Violence Awareness Month is to applaud every choice available
to victims. To respect the women and men who choose to stay as well
as those who leave. Domestic violence is as complex as human nature
itself. The "right" choice to make varies according to personal beliefs,
the presence of children, background, financial status ... a diverse
array of circumstances. For many victims of domestic violence, the current
system and solutions are not working.
And yet, feminist critics have one thing
right: Women's lives are at stake. And men's. Let's give the victims
more choice.
Wendy
McElroy
Wendy McElroy is the editor
of ifeminists.com. She is the
author and editor of many books and articles, including her new anthology
Liberty
for Women: Freedom and Feminism in the 21st Century
(Ivan R. Dee/Independent Institute, 2002). She lives with her husband
in Canada.