State Laws Regarding Intimate Partner and Sexual Violence

State Laws Regarding Intimate Partner and Sexual Violence

State Laws Regarding Intimate Partner and Sexual

Violence

State laws address a number of issues important for nurses to understand. Most often, crime of IPV

and sexual violence are addressed through state laws. Most, although not all, states have laws

specifically providing enhanced penalties for assault and battery that occurs between intimate

partners. (It worth noting that most laws refer to domestic violence or family abuse rather than

IPV.) For example, at least 23 states have some form of mandatory arrest for IPV (Hirschel, 2008).

Research findings are mixed on whether mandatory arrest laws reduce reassault (Felson,

Ackerman, & Gallagher, 2005; Hirschel et al., 2007), although findings from at least one study

suggest that the overwhelming majority of victims support mandatory arrest laws (Barata &

Schneider, 2004). Additionally, states may have enhanced penalties, such as escalating third

offenses to felonies.

Until 1975, all states provided what is called the marital rape exemption under which it was

legally impossible to commit rape against one’s wife. Beginning in the mid-1970s, based in part on

nursing research, these laws began to change (Campbell & Alford, 1989). Although all states now

recognize marital rape as a crime, in some states it is still treated differently from rape by a

nonspouse (Prachar, 2010).

Nonlethal strangulation of women is a significant but often overlooked threat to public safety.

Most (80%) strangulations of women are committed by intimate partners (Shields et al., 2010). They

can result in significant physical health problems for victims (Taliaferro et al., 2009) and

substantially increase risk of later lethal violence (Glass et al., 2008). These cases can be difficult to

charge and prosecute commensurate with the severity of the crime (Laughon, Glass, & Worrell,

2009); therefore, a growing number of states have strengthened laws related to strangulation.

All states provide for civil protective orders in cases where victims have a reasonable fear of

violence from an assailant (Carroll, 2007). States vary widely, however, in who is eligible to obtain

an order and how the orders are obtained. For example, in some states minors or dating partners

may not be able to obtain orders of protection. Most states provide for civil protection orders

against assailants who are accused of sexual assault, but the procedures may be different from those

for protective orders against intimate partners. Studies of the effectiveness of these orders are mixed

(Logan & Walker, 2009; Prachar, 2010).

In addition to these criminal justice remedies, state laws may address other issues related to IPV

and sexual violence. As of 2010, 26 states had established intimate partner fatality review teams

(Durborow et al., 2010). Fatality review teams use a multidisciplinary, public health approach to

reviewing fatalities and identifying risk factors (Websdale, 1999). A handful of states require health

care providers to report domestic violence against competent adults. It is important to understand

that in most states, IPV and sexual assault are not mandatory reports unless there are other factors

present.

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