Week 5 - Law and Victims Flashcards
What are common predictors of victimization?
Prior history of abuse
Substance abuse
Economic/financial hardship
Mental disorder/personality disorder
Young age
Low education
Social isolation
Pregnancy
What is the prevalence of depression among IPV survivors?
Approximately 35-51% (Dillon et al., 2013). The severity and chronicity of IPV increase depressive symptoms.
Depressive symptoms increase when experiencing multiple categories of IPV.
How does depression impact daily functioning in IPV victims?
Impaired motivation
Increased conflict with partners - partner believes victim should be doing more arounnd house
Reduced ability to defend oneself - care less for wellbeing
Decreased self-esteem and life satisfaction
PTSD and IPV
strongly associated, greater severity/chronicity and more forms contribute to symptomology
comorbid with depression
sleep disturbances, concentration problems - make it worse
hypervigilance - trigger partner
How does IPV affect sleep?
quality and quantity of sleep, feel the need to always be alert
dangerous because being asleep can be used by the perpetrator as justification for violence
Perpetrators may limit victims’ sleep, leading to confusion and impaired functioning
nightmares, grinding teeth, stress related tight sleeping
reduced ability to cope w violence
IPV and suicide and self harm
consistent association
women - physical and sexual abuse - 3-4x more likely to attempt
self-harm = “dealing with”
suicide = “way out”
victim blaming
common
victims blame selves, perpetrators blame victims, third parties (why didnt she just leave)
third parties more likely to suggest relationship improving
negative mental health outcomes - positive if victim is reassured (most victims reach out)
victim blaming predictors
men - blame women, be blamed
older, less education - more likely to blame
defy norms, provoking behaviours - increase chance of being blamed
frequency = more blame, severity = less blame
SUD and IPV Victimization
higher likelihood of IPV victimization
Alcohol abuse is the most prevalent
also negative outcomes w/o IPV
Coercive control may discourage treatment
partners may encourage substance use.
substance use to cope
Illicit Drug Use and IPV
raises the likelihood
report using substances immediately following IPV incidents
use may be used to “numb” chronic pain and cope with stress
How does substance use among women affect perceptions of victimhood?
Women who drink or use substances are often viewed as violating traditional feminine gender roles, which increases victim blaming against them.
What psychological effects do women experience when engaging in substance use as victims?
Substance use can lead to increased self-blame, shame, and feelings of depression and anxiety among victims.
How does substance use impact the credibility of victims in cases of abuse?
Victims who use substances are perceived as less truthful, making it more difficult for them to accuse their abusive partners.
What is the Just World Theory, and how does it relate to victim blaming?
The Just World Theory suggests that “bad things happen to bad people.” Individuals who believe this are more likely to blame victims when they perceive any moral transgressions, such as alcohol or substance use.
Chronic Pain and IPV Victimization
Victims often report experiencing disabling pain long after separating from their abuser.
swollen joints, back aches, neck pain, stomach cramps, and chronic headaches.
Pain Management Issues
IPV victims may use pain medication more frequently.
Women often have their pain claims dismissed by healthcare providers
Physical Health Risks Associated with IPV
heart attacks, heart disease, hypertension, thrombosis, and strokes.
fatigue, allergies, sensory problems, respiratory issues, bone/muscle conditions, diabetes, malnutrition, and gastrointestinal issues.
What are disorders that are made worse by psychological features?
Somatoform Disorders: Physical symptoms with no clear physical cause, linked to psychological factors; more common in IPV victims.
Psychosomatic Disorders: Physical symptoms exacerbated by stress; IPV victims are at higher risk.
Impact on Daily Life
IPV victims struggle to maintain a “normal life.”
feelings of alienation, making it difficult to connect with others.
may feel they have a “terrible secret”
Difficulties in forming new intimate relationships
Enjoyment and Leisure
psychological impact of IPV can hinder a victim’s capacity for enjoyment and leisure activities.
further exacerbate mental health issues
Financial Abuse Overview
perpetrator controlling the victim’s finances to enforce dependency and fear
control is associated with PTSD and contributes to feelings of being trapped
Challenges in Leaving
Financial control makes it difficult for victims to plan to leave
Victims may be forced into roles (e.g., stay-at-home parent), increasing financial stress on the household.
Economic Autonomy and IPV
empowers women, reducing financial dependence and stress.
for every 10% increase in financial exclusion, there was a 2% decrease in recent IPV.
Economic independence may lead to conflicts in spending decisions
Definition of Embodiment
Embodiment is an individual’s perception and experience of their own body, including feelings of ownership and control.
Impact of IPV on Embodiment
IPV can disrupt a victim’s sense of embodiment through trauma, affecting mental and physical health, self-identity, and relationships
Dimensions of Embodiment
Body Connection and Comfort: Feeling at ease in one’s body.
Agency and Functionality: Sense of control over bodily actions.
Experience and Expression of Desire: Ability to recognize and express desires.
Engagement in Self-Care Practices: Caring for one’s body.
Resistance to Self-Objectification: Not viewing oneself merely as an object.
Protective Responses to Trauma
Bodily Dissociation: Disconnection from bodily experiences to avoid pain and trauma; can lead to feeling detached from one’s body.
Disembodiment: Feeling of detachment where one perceives trauma as happening to someone else
Emotional Consequences of Disembodiment
Victims may feel anxiety and shame about their bodies, particularly in violent relationships involving sexual violence
Physical scars can remind victims of violence and evoke feelings of weakness or shame
Loss of Embodiment and Self-Perception
Low sense of embodiment can lead victims to legitimize sexual violence and violations of bodily autonomy
Victims may see their bodies as limitations in defending themselves
Sexual Abuse and Gynaecological Health
Sexual abuse in IPV is linked to various gynaecological symptoms, including:
Endometriosis
Bleeding after intercourse
Pain or burning during urination
Pain during intercourse
incidence of abnormal Pap smears, higher rates of cervical cancer, and higher occurrence of STIs
Sexual Decision-Making and IPV
IPV affects victims’ sexual decision-making and free choice.
feel coerced or fear harm increasing risks of STIs and unwanted pregnancies
Consider the out-of-hospital healthcare costs
Unwanted Pregnancies and IPV
Unwanted pregnancies can lead women to seek termination, which may increase the risk of IPV.
Women diagnosed with infertility or those who experience miscarriages face increased risk for IPV victimization.
Perinatal IPV Overview
refers to abuse occurring before, during, or after pregnancy up to one year postpartum
IPV Health Impacts During Pregnancy
premature labor, miscarriage, low birth weight, and neonatal death
IPV during pregnancy may lead to inadequate nutrition and prenatal care
affect maternal attachment, leading mothers to view their children negatively
Stressors Associated with Perinatal IPV
Perinatal IPV can arise from stress related to parenting, financial issues, and shifts in family dynamics
Traditional gender roles may contribute to conflict, with men viewing women as solely responsible for child-rearing
Definition of Intimate Partner Femicide
refers to the homicide of a woman by her current or former intimate partner
most common form of homicide perpetrated against women.
Additional Victims and Outcomes
Secondary Victims: Approximately 10-25% of IPF cases involve an additional victim.
Perpetrator’s Suicide: About 30-40% of IPF cases include the suicide of the perpetrator.
Challenges in Prediction of IPF
while risk assessment tools exist for severe violence, they struggle to differentiate between predictions for IPV and IPF
Preventability and Intervention Opportunities for IPF
IPF cases are often preventable, typically occurring after missed opportunities for intervention by those aware of the situation (family, friends, professionals)
often arises during serious disputes
Warning Signs of Potential IPF
Warning signs may include stalking behaviors, ultimatums, or conditional threats (e.g., “if you don’t…”)
perpetrator must demonstrate a capacity for life-threatening violence, indicated by violent ideation, history of violence, or recent escalation in behavior
Underlying Issues of IPF Perpetrators
mental or emotional issues, serious substance use, and mental illnesses (e.g., psychosis, depression)
Nihilistic or suicidal thoughts are common among perpetrators
Definition of Secondary Victims
individuals who are not the primary targets of violence but suffer direct or indirect effects due to IPV
witnesses, bystanders, or those targeted for intervening, as well as children, family members, friends, and even strangers
Impact on Children as Secondary Victims
most common secondary victims of IPV
IPV is more prevalent in homes with children
81% of children present during IPV witness psychological violence, and ~82% witness physical violence
severe psychological effects, including anxiety, depression, and PTSD symptoms
Impact on Preschool Children (Ages 2-5)
higher risk due to their reliance on parents for safety and lack of agency
negatively impacts self-esteem, social skills, and can lead to physical health issues
Behavioral Manifestations in Preschool Children
externalizing: manifesting internal feelings externally, aggression, hyperactivity, and antisocial behavior due to disrupted emotion regulation
internalizing: making an attitude or belief a central part of oneself - anxiety, depression, social withdrawal, and feelings of worthlessness, impacting self-esteem
PTSD Symptoms in Preschool Children
IPV exposure can lead to heightened emotional arousal and trigger PTSD-like symptoms.
some meet full PTSD criteria
intrusive memories, emotional (thoughts and feelings) and behavioral (places and people) avoidance (traumatic avoidance), and hyperarousal to perceived dangers
Resilience in Children and Adolescents
ability to adapt positively despite exposure to trauma or stress, leading to good outcomes
reflected in achieving developmental goals (academic, social, etc.) and maintaining emotional and behavioral health
Protective Factors for Resilience
Individual Level Factors:
Engagement in positive social activities and educational aspirations.
Development of emotional intelligence, self-esteem, and self-control.
Family Level Factors:
Warm, loving parental relationships and socioeconomic advantages.
Healthy coping strategies taught by parents and positive parental mental health.
Resilience and Parental Influence
Effective parenting can enhance resilience; parents can model healthy coping and conflict resolution.
Mothers experiencing IPV may strive to be better parents, promoting resilience in children
Impact of IPV on Adolescents
Exposure to IPV during adolescence can hinder the transition to adulthood and disrupt identity development.
risk of depression, post-traumatic symptoms, and substance use
Adolescent Vulnerabilities
Adolescence is critical for developing social competence and forming peer relationships
Risk Factors: Maladjustment and negative coping mechanisms, such as substance abuse, can arise from IPV exposure
Protective Factors in Adolescence
Adolescents may find support outside the family, which can reduce vulnerability to the impacts of IPV.
As peer relationships become more important, positive social interactions can foster resilience
Victim Resources for IPV
Domestic Violence Shelters: Temporary safe housing for victims and children.
Hotlines: advice, safety planning, and emotional support.
Legal Advocacy: Navigates legal aspects of separating from a violent partner, assists with protective orders, custody, and criminal charges.
Financial Assistance: medical expenses, lost wages, and housing.
Counseling/Therapy: process trauma, empower, survivor support groups
IPV Screening
Detecting unnoticed conditions, such as IPV victimization.
Healthcare Professionals’ Role - first to encounter IPV victims
Signs of IPV
Physical injuries, frequent/repeated injuries.
Delays in treatment, missed appointments.
Reluctance to be examined, sudden onset of mental health concerns.
Partner shows controlling behavior.
Who Should Be Screened?
Patients with injuries (especially in the emergency department).
Pregnant individuals, those with STIs, chronic abdominal or head pain.
Screen everyone at initial primary care visits.
How to Conduct IPV Screening
Start with a normalizing statement to make patients comfortable.
screening is done privately
provide support for patients experiencing IPV
Offer assistance and resources
assessing victims safety
in danger of imminent or severe violence?
safety plan should account for unique experience
ways to help with victim safety
preparing a go-bag
arrange for place to stay
arrange for a signal
identify dangerous rooms in home
Assault (s. 265):
With a weapon or causing bodily harm (s. 267)
Aggravated assault (s. 268)
Charges for Kidnapping & Confinement
Kidnapping (s. 279)
Forcible Confinement (s. 279(2))
Homicide-Related Charges
Murder (s. 229)
Manslaughter (s. 232(1))
Attempted Murder (s. 239)
Sexual Assault Charges
Sexual Assault (s. 271)
With a weapon or causing bodily harm (s. 272)
Aggravated sexual assault (s. 273)
Violations of Court Orders
Disobeying Court Orders (s. 127)
Failure to Comply with Probation (s. 733.1)
Breach of Recognizance/Peace Bond (s. 811)
Harassment and Mischief Charges
Criminal Harassment (s. 264)
Indecent/Harassing Phone Calls (s. 372)
Trespassing at Night (s. 177)
Mischief (s. 430)
Uttering Threats and Theft Charges
Uttering Threats (s. 264.1)
Theft (s. 322)
Extortion (s. 346)
Financial Abuse (various theft codes)
Sentences for Assault
Assault:
Up to 5 years
10 years for using a weapon or causing bodily harm
14 years for aggravated assault
Sentences for Kidnapping & Confinement
Kidnapping:
Up to life imprisonment
Forcible Confinement:
Up to 10 years
Sentences for Murder and Manslaughter
Murder:
Life imprisonment
Manslaughter:
Sentence varies
Sentences for Sexual Assault
Up to 10 years
14 years for using a weapon or causing bodily harm
Life imprisonment for aggravated sexual assault
Sentences for Court Order Violations
Disobeying Court Orders:
Up to 2 years
Failure to Comply with Probation/Peace Bond:
Up to 4 years
Sentences for Harassment and Mischief
Criminal Harassment:
Up to 10 years
Indecent/Harassing Phone Calls:
Up to 2 years
Mischief:
Varies, up to life imprisonment if threatening life
Sentences for Uttering Threats and Theft
Uttering Threats:
Up to 2 years, 5 years if death threat or bodily harm
Theft:
Varies, up to 10 years
Sentencing First-Time Offenders
Justice System’s Aim:
Punishment and opportunity for rehabilitation - leniency
Low likelihood of reoffending, increasing chances of rehabilitation.
first time offender victim frustration
Victims may have suffered abuse for years.
Unreported abuse not considered in court can lead to frustration with leniency.
Many perpetrators may have a history of abuse despite no prior convictions.
victim statements considered
The Role of the Police – Preventing IPV
Police can stop immediate violence and arrest the perpetrator.
Gather evidence: photos, property damage, statements to build a case.
Mandatory charging when enough evidence exists
develop safety plans
peace bonds
offence has not been committed (or there is no evidence), but a victim fears some
criminal activity, they can contact the police (or court) to request a peace bond.
no contact, no weapons
Progressive Police Views/Proactive Attitudes & Training
understanding complexity of IPV
understanding victim barriers, help avoid victim blaming
belief that preventing IPV is an important duty
recognizing signs of IPV
Problematic Police Views/Reactive Attitudes
simplifying - relying on stereotypes, prevents appropriate action
iPV tolerance - accepting or justifying, misogyny
minimal involvement - believing police shouldnt be involved or that intervention doesnt work
belief that victim is responsible - provide worse assistance
Police Perpetration of IPV
cited as 40% - inaccurate
job stress - may adopt a warrior mentality, access to weapons adds risk
blue wall of silence
victim finds it harder to reach out when abuser is the authority
the role of lawyers - assisting victims
Help victims understand and manage the complex legal system.
give restraining orders, family law protection orders
legal support in family matters - divorce, custody
defense lawyers work to undermine victims
some lawyers lack proper IPV education
Victims’ Concerns About Lawyers
lack of IPV knowledge, didnt understand trauma, did not screen properly for IPV, judgemental attitudes, advise against raising climes, errors, didnt understand impact on children
Role of Judges in IPV Cases
Neutral arbitrators who make decisions on protective orders, sentencing, bail, custody, and restitution
tone a judge sets—through fairness, accuracy, and efficiency—can affect a victim’s court experience.
Positive statements from a judge can lead to improved mental health outcomes for victims
Keira’s Law
a child murdered after IPV warnings were ignored.
Introduces continued education for judges on IPV
Juries in IPV Cases
less likely to be triers of fact in IPV cases but can be involved in cases of severe violence
may have biases or misconceptions about IPV
Jurors’ Knowledge of IPV
Educated jurors tend to make more informed and appropriate decisions.
Expert Witnesses in IPV Cases
Provide specialized knowledge in IPV cases (e.g., psychologists, social workers).
May conduct risk assessments
Expert Testimony Criteria for admissibility
must be necessary, relevant, provided by a qualified expert, and not be subject to exclusionary rule - Mohan
relevant and reliable, scientific knowledge/methodology, judge has final decision - Daubert
Expert Witness Credibility
should remain impartial, as bias can damage credibility.
Accurate, professional, and empathetic testimony is crucial when recounting victim experiences.
“Hired Guns”:
Experts paid to support one side may face criticism if their testimony is not considered accurate or impartial.
Therapeutic Jurisprudence
concept that courts affect the well-being of those who pass through the system, so they should maximize their “healing potential.”
Empowered vs. Disempowered Victims
Positive Experiences: Empowered, informed, and well-treated victims are more likely to seek legal help again.
Negative Experiences: Victims who feel ignored, silenced, or treated poorly are less likely to pursue further help and may feel voiceless or powerless.
Case Outcome and Victims’ Experiences
Successful Conviction: Leads to satisfaction, closure, and a sense of justice.
Failed Conviction: Results in stress, financial hardship, vulnerability, and decreased likelihood of seeking help in the future, especially if fear is involved.
Secondary Victimization by Law Enforcement
additional harm or trauma experienced by victims after reporting IPV, often due to interactions with police and courts.
Lack of assistance or prosecution increases PTSD symptoms, Harmful police questioning
Secondary Victimization by Courts
legal process can feel dehumanizing for victims, especially if they experience poor empathy, lack of validation, or poor communication
Victims may feel powerless, ignored, or humiliated
Secondary Victimization by Healthcare
may avoid addressing IPV due to time constraints, discomfort, or assumptions about victims’ willingness
Overemphasis on mental health diagnoses rather than IPV’s impact may make victims feel blamed or “crazy,”
Preventing Secondary Victimization in Healthcare
Mental health professionals should make victims feel believed and supported.
Provide counseling, therapy, and appropriate referrals without dismissing the impacts of IPV
Article 1 results - violence
insulting/talking down and screaming/cursing were the most commonly experienced forms of abuse.
Then threats and physical violence.
Multiple types of abuse are common.
article 1 Results – Health Care
Most participants reported abuse having an effect on their health
Transportation and cost were the most common barriers.
Mental health was the most common unmet health need.
well-child care and immunizations was the most common unmet need for children.
article 1 results - Health Care Interactions
More than half said they hadn’t been screened for IPV
The more often providers ask about abuse, the more likely women are to disclose it.
LGBTQ individuals and those with childcare difficulties were less likely to endorse screening.
Reasons for not disclosing article 1 -
feelings of shame or guilt, lack of privacy, worries about retaliatory violence, loss of custody, and judgment by healthcare professionals.
article 2 - five main themes
Awareness of survivors’ experiences
Gap in judicial actors’ knowledge
Understanding of perpetrator tactics and risk factors
Risks associated with disclosing mental health problems
Training and guidance
Awareness of Survivors’ Experiences - article 2
impact of IPV poorly understood, lack of empathy, face stereotypes, unfair treatment
Gap in Judicial Actors’ Knowledge - article 2
need for greater awareness of the gendered nature of IPV
exist perceptions of women as histrionic can decontextualize responses to IPV
Maternal mental illness is used to invalidate allegations of child abuse
Understanding of Perpetrator Tactics and Risk Factors - article 2
Decisions about protection orders and custody often do not consider: Perpetrator substance misuse, Suicidal threats, Use of sexualized violence
Litigation coercion is not well understood - financial resources maintain power, control, and harassment through the legal system
Risks Associated with Disclosing Mental Health Problems - article 2
fear being blamed or stigmatized
discouraged from seeking mental health services during the legal process
sexist double standard exists in the legal system
Women are seen as responsible for their children and are blamed for “failing to protect”
Training and Guidance - article 2
Important areas for consideration include:
Dynamics and impact of IPV
Effectiveness of risk assessment tools
Perpetrator tactics
Intersections between IPV, substances, and mental health
Trauma-informed judicial responses
Understanding bias
PTSD vs. Posttraumatic Stress Symptoms (PTSS)
PTSS: General symptoms of trauma.
Full PTSD: Requires 7+ symptoms for at least 1 month with significant impairment in functioning.
Differences in PTSD Manifestation: Children vs. Adults
Key Difference: PTSD manifests differently in children compared to adults.
Developmental regression: Children may “go backwards” in developmental milestones.
Trauma-specific play: Reenactment of trauma in play.
Emotional & behavioural changes: Externalizing behaviour such as tantrums.
Core PTSD Symptoms in Children
Intrusive recollections (e.g., flashbacks, nightmares)
Avoidance behaviours
Changes in cognition & affect
Hyperarousal & hypervigilance
Impacts on memory
