Understanding the Domestic Violence Epidemic Essay example

1561 Words 7 Pages
Domestic violence is an epidemic in our society with dramatic, negative effects on individuals, families and communities. Domestic violence is a crime that knows no economic, racial, ethnic, religious, age or gender limits. Women who are victims of domestic violence most likely are also victims of sexual assault and, stalking. A domestic violence victim may experience systematic rape in addition to physical and psychological abuse. According to Backman, (p.54) nearly one in every four women are beaten or raped by a partner during adulthood. Three women are killed by a current or former intimate partner each day in America, on average women are at an increased risk of harm shortly after separation from an abusive partner. …show more content…
The statutory test is “minimum degree of care”, not maximum, not best, not ideal and the failure must be actual, not threatened. In the Nicholson case, the victim did not cause the harm to the child. There was no evidence that the victim had neglected or maltreated the children. Whether a particular mother in these circumstances fails to exercise a minimum degree of care is necessarily look at the facts. It is also important to look at the severity and frequency of the violence, and the resources and options available to her. We must also take into consideration the level of fear and the risk upon leaving the home. Contrary to the Nicholson case, in the Matter of Sayeh R., 19 NY2d 306,315, 317 (1997) where the mother demanded immediate return of her traumatized children without regard to their need for counseling related services, this indicates that the mother failed to exercise a minimum degree of care. The court may override the individual’s right to refuse treatment, because, New York recognizes four such interests: 1). Preservation of life, 2). Prevention of suicide, protection of innocent third parties, and 3). maintenance of ethical integrity of the medical professional. For a domestic violence survivor to exercise minimum degree of care while the perpetrator is around, she must act carefully and make sure she does not put herself or the children at
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