Theoretical Perspectives and their Implications:
In critically examining domestic violence as a legal issue in Canadian society, there are several identifiable sociological theories and perspectives that are reflected in the way we understand domestic violence as a society, and in how we address it as an legal issue. As outlined earlier, this paper focuses on domestic violence against women, predominantly by men, in order to offer more specific insight into the issue. As a result of this focus, the theories explored will focus on a feminist theoretical perspective, although other sociological theories will be drawn on through discussion of subsections of feminist theory. Feminist theory in general provides a valuable basic framework to explore …show more content…
In particular, liberal feminism guided the creation of mandatory charge policies, which were supposed to ensure that regardless of the gender of the individual who was victimized, police would be required to take the incident seriously. Liberal feminism is widely criticized for focusing on the middle class, particularly white middle-class women (Comack, 2014, p. 37). This is particularly clear in examining some of the implications of the mandatory charge policy. Mandatory charge policies ignore the unique characteristics of domestic violence that do not typically exist in other sections of criminal law (Brown, 2000, p. iv). In the case of domestic violence, the victim and the perpetrator often have a complex and interwoven connection or relationship, which might physically manifest through shared property, finances, or children – it is often not as simple as going through the court system and never having to face the perpetrator again, as is normative in other criminal acts. For women in vulnerable social situations, such as those who are economically dependent on their partner, women with young children, or immigrant women who may fear deportation or community and social isolation, mandatory charge policies can discourage involving the police (Brown, 2000, p. 2). Women know that police have no discretion in whether or not to charge perpetrators, and can no longer simply provide a warning to the aggressors. Women may perceive the impacts of their aggressor being charged (such as loss of wages or employment, or loss of permanent-resident status) as more harmful than the actions of the aggressor. Additionally, low-income women with young children are often additionally concerned with the possibility of dual-charges being laid if they involve the
In critically examining domestic violence as a legal issue in Canadian society, there are several identifiable sociological theories and perspectives that are reflected in the way we understand domestic violence as a society, and in how we address it as an legal issue. As outlined earlier, this paper focuses on domestic violence against women, predominantly by men, in order to offer more specific insight into the issue. As a result of this focus, the theories explored will focus on a feminist theoretical perspective, although other sociological theories will be drawn on through discussion of subsections of feminist theory. Feminist theory in general provides a valuable basic framework to explore …show more content…
In particular, liberal feminism guided the creation of mandatory charge policies, which were supposed to ensure that regardless of the gender of the individual who was victimized, police would be required to take the incident seriously. Liberal feminism is widely criticized for focusing on the middle class, particularly white middle-class women (Comack, 2014, p. 37). This is particularly clear in examining some of the implications of the mandatory charge policy. Mandatory charge policies ignore the unique characteristics of domestic violence that do not typically exist in other sections of criminal law (Brown, 2000, p. iv). In the case of domestic violence, the victim and the perpetrator often have a complex and interwoven connection or relationship, which might physically manifest through shared property, finances, or children – it is often not as simple as going through the court system and never having to face the perpetrator again, as is normative in other criminal acts. For women in vulnerable social situations, such as those who are economically dependent on their partner, women with young children, or immigrant women who may fear deportation or community and social isolation, mandatory charge policies can discourage involving the police (Brown, 2000, p. 2). Women know that police have no discretion in whether or not to charge perpetrators, and can no longer simply provide a warning to the aggressors. Women may perceive the impacts of their aggressor being charged (such as loss of wages or employment, or loss of permanent-resident status) as more harmful than the actions of the aggressor. Additionally, low-income women with young children are often additionally concerned with the possibility of dual-charges being laid if they involve the