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WIFE ASSAULT AS A CRIME:
THE PERSPECTIVES OF VICTIMS AND POLICE OFFICERS ON A CHARGING POLICY IN LONDON, ONTARIO FROM 1980-1990

London Family Court Clinic Inc.

April 1991

The present study was funded by the Research and Statistics Division, Department of Justice Canada. The views expressed herein are solely those of the author and do not necessarily represent the views of the Department of Justice Canada.

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EXECUTIVE SUMMARY

The present study addressed the effectiveness of police officers laying charges in cases of wife assault when the police have reasonable and probable grounds to believe that an assault has taken place. The effectiveness of this policy was assessed by interviewing 90 women in London, Ontario who had been physically abused by their partner and received one of three interventions (1. police intervention/charges laid, 2. police intervention/no charges laid, 3. no police intervention/no charges laid). Research findings indicate that victims had a high level of satisfaction with police officers' interventions and reported a significant reduction in violence when criminal charges were laid by the police. The small sample size did not allow for an analysis of a meaningful interaction between police and other community interventions (e.g., specialized social services).

The effectiveness of the policy was also assessed by examining police data on the number of charges laid and a survey of police officer's attitudes in regard to the importance and impact of the directive to lay charges in cases of wife assault. The policy was shown to be implemented in a dramatic fashion. Between 1979 (prepolicy) and 1990 the rate of charges had increased from 2.7 per cent to 89.9 per cent of wife assault occurrences. Over a four year period between 1987 and 1990 officers were significantly less inclined to leave the responsibility for laying charges with victims. The change in laying charges was parallelled by more positive police attitudes on the importance of the policy and their perceived support from victims and the courts. The court response to the charges indicated a continuing trend for fewer cases being dismissed or withdrawn in comparison to previous years. The police charges led to a significant increase in more serious court sentences (probation, incarceration) than in previous years, especially in contrast to victim-laid charges (Jaffe&Burris, 1981). Although the charges led to a significant reduction in the violence that victims reported, the fear of violence continued. During the court process one-half of the victims continued to fear for their safety and one-quarter were threatened by the batterer. Many victims indicated a need for greater awareness of their plight in the community, through public awareness (42 per cent). Over one-quarter of the victims (28 per cent) suggested that the police offer more information in regard to the court process and available community services.

The limitations in generalizing the study's findings were discussed in terms of the progressive nature of the London Police Force and the coordinated community response to violence against women in London. Limitations were also discussed in regard to the small sample size and the small number of participants who represented visible minorities.

Recommendations and implications of the study include:

  1. Feedback should be offered to the London Police Force on the successful implementation of the charging policy. A review of the information offered to victims by police officers in regard to court process and community services should be considered.
  2. The research findings should be shared with other police forces across Canada. Appropriate federal and provincial government ministries could examine the consistency of the laying of charges in cases of wife assault. Previous research suggests an uneven application of the charging policy across different jurisdictions (e.g., Leighton, 1989).
  3. The research findings should be shared with police colleges and provincial justice institutes across Canada to better inform instructors and new recruits. As well, police should receive ongoing inservice on the impact of laying charges in cases of wife assault.
  4. Future research should be funded by appropriate federal and provincial government ministries to examine the following.

    (a) The response of police forces in other communities in Canada matched as much as possible in size and makeup to London, Ontario. The response of other police forces should be assessed by comparable interviews with victims, surveys of officers and data collection on wife assault charges and wife assault occurrences.

    (b) The current study should be replicated with a larger sample size to allow a comparison of various police interventions by themselves as well as interactions with other community supports such as specialized services for victims and perpetrators of violence (e.g., Dutton, 1988).

    (c) Since the current study had a low number of victims representing visible minorities, it is difficult to draw conclusions vis a vis this population. Future studies need to develop effective strategies to engage persons representing visible minorities in a similar study in order to identify the special needs of this population.

    (d) Since the police are the front line of the criminal justice system, their ultimate effectiveness is dependent on the sensitive and skilled intervention of crown attorneys and judges. Future research should explore victims' satisfaction with the court process and the impact of the court on recidivism of wife assault.

  5. The present study reinforces the importance of public education and a high level of awareness on the part of front line professionals (e.g., family doctors, clergy) on the issue of abused women. Victims are most likely to turn to friends and relatives for support and the initial responses they receive may be crucial in reducing the likelihood of further violence. It is interesting to note that current primary prevention programs initiated by the London Co-ordinating Committee to End Woman Abuse, in collaboration with the Board of Education for the City of London, have in part focused on the importance of peer support and the sensitivity of students' responses to peers living with violence at home or in dating relationships (Jaffe, Reitzel, Sudermann&Killip, 1990).
  6. The importance of specialized services that are geared to the needs of battered women are underlined by the degree to which these services are considered "very helpful" by victims of violence.
  7. Canadian police forces should clearly communicate their charging policy on behalf of all victims of violence. This communication is especially important in light of previous studies that suggest victims do not believe that the police can do anything in cases of wife assault. Ultimately the same community response to other social issues (e.g., drinking and driving) needs to be developed for violence against women.
  8. It is important to remember that the police charging policy is not a "quick fix" for the issue of woman abuse. Although victims report a significant reduction in violence associated with the laying of charges, many victims report ongoing fears and actual threats from their partner during the court process. Communities need to examine the level of support and protection available to victims before, during, and after the laying of charges. The community response to victims through the criminal justice system needs to be examined as a coordinated intervention rather than piecemeal policies (Prairie Research Associates, 1990).

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