Abstract
Criminalization is the primary societal response to intimate partner violence in the US. This reliance on criminal legal system interventions ignores several unintended consequences. One of the serious unintended consequences of criminalization — perhaps the most serious unintended consequence — has been the increased rates of arrest, prosecution, conviction, and incarceration of those whom criminalization was meant to protect: victims of intimate partner violence. Criminalized survivors follow a variety of pathways into the carceral system, which fails to recognize their status as victims of violence and punishes them for failure to conform to victim stereotypes as well as for their acts.
Highlights
For the last 35 years, the criminal legal system has been the primary societal response to intimate partner violence in the US
This article will review the history of criminalization of intimate partner violence in the US, turn to the particular impact of criminalization on survivors of violence arrested and prosecuted for incidents related to their own victimization
Abolition feminism offers an alternative framework for crafting responses to intimate partner violence
Summary
For the last 35 years, the criminal legal system has been the primary societal response to intimate partner violence in the US. Anti-violence advocates tout legislative victories, increased intervention and enforcement by police and prosecutors, and harsher penalties as proof of society’s dedication to ensuring that those who commit intimate partner violence will be held accountable. This article will review the history of criminalization of intimate partner violence in the US, turn to the particular impact of criminalization on survivors of violence arrested and prosecuted for incidents related to their own victimization. The article will conclude by arguing that survivors will always be harmed by a system that relies disproportionately on criminalization to address intimate partner violence and advocate for an abolition feminist approach
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