San Diego Criminal Lawyers Blog
It should come as no surprise to learn that many of the women in prison who have been convicted of murder or manslaughter have been victims of intimate partner violence (IPV). In one such California case, after months of stalking by a former boyfriend, a woman stabbed the man. In another case, a woman killed her partner after he repeatedly raped and beat her, despite multiple reports to police. In some situations, women say they have been imprisoned after helping an abuser commit a crime, acting out of fear of his response if they refused. Other women were incarcerated for failing to protect their children from abuse that was ultimately deadly. Some states—including California—punish parents who put children in dangerous situations. Across the nation, at least 100 women have been sent to prisons for accomplice liability or failure to protect after their children experienced harm from an abuser.
The “Forgotten Women”
Andrea Cimino, a Stanford University researcher, calls those who are imprisoned as a result of actions they took to survive IPV the forgotten women. She believes the courts have not addressed the realities of life for these women, and the reasons their victimization might have led to committing violent acts themselves, often in self-defense. About 75% of surveyed imprisoned women report that they had experienced intense violence at the hands of an intimate partner within a year of their own offenses. Stories of women living in fear and suffering emotional, physical, sexual, and financial attacks have long been overlooked or downplayed by prosecutors, courts, and policies.
Senator Cory Booker agrees, pointing out that since most incarcerated women have at some time been victims of sexual violence, society has a responsibility to do more to protect women from the violence, and to do more to assist survivors of violence to find recovery in safety and peace. Rather than intensifying their trauma, prisons and jails need to provide programs to help heal.
Distressing Findings
The Stanford study, which focused on women, describes some truly upsetting findings:
- Women who are incarcerated have experienced IPV at roughly ten times the rate of the general population.
- About three in ten incarcerated women were choked or strangled repeatedly to the point of dizziness or blacking out. Such violent injuries can result in traumatic brain injuries.
- The danger extends to all members of the household when a woman is at imminent risk of being killed.
- Higher rates of income and gender bias are perceived by victims of IPV than by women who have not experienced such abuse.
Defending Women
The dedicated, creative criminal defense attorneys at Boertje & Associates understand the connections between intimate partner violence and future criminal involvement. We fight to bring all the facts to the table in a criminal case, always fighting for the best possible outcomes for our clients. To discuss, schedule a confidential consultation in our San Diego office today.