In the today’s society, people in communities around the world recognize that violence against women is wrong, and almost always a crime punishable under law. But today I challenge women and men of the modern age to imagine a life where domestic violence is not only legal, but encouraged by law and by society. Most women today know that if a man hurts you, he doesn’t love you – because love shouldn’t hurt - and men are often taught at a very young age not to raise a hand to a woman. But what if everything was flipped? What if your mother, your sister, your friend, or even you yourself, could be severely hurt, and there was no one to turn to for help?
In the past, if a woman was beaten by her husband, she had nowhere to run, literally no options, no promise of safety. If a battered woman ran to the police, they would most likely return her to her husband, and chastise her for her behavior. Most governments turned a blind eye to the issue, and the ones that didn’t often enforced religious-based policies which encouraged women to obey their fathers, brothers, and husbands entirely. Women were objects, owned and used, and disposed of when they had outlived their usefulness. Yes – even in the United States, it was legal for a husband to kill his spouse… as long as he could prove he had a “just cause”. What that means is, any man could beat his wife to death, rape her, and abuse her, as long as he could prove that ‘she deserved it.’ How did this happen in history and what steps were taken to ensure modern women the safety and equality of today?
Domestic Violence in Ancient History
Domestic violence has been a legal issue since about 700 B.C., when ancient Romans enacted laws allowing men to beat their wives whenever they deemed fit. This was originally done because women in many ancient societies were considered property, and any crime committed by the wife, the husband would have to pay for. In an effort to protect men from the consequences of their offending wives’ actions, husbands were allowed to beat women with a stick that could be no bigger than the width of the base of a man’s thumb – hence the old expression, ‘rule of thumb.’
Violence continued throughout ancient times, and was aggravated even further by the establishment of the Catholic Church in Rome. The Church authorities reinforced the idea of a male-dominated society, and while women were no longer technically possessions, they were given no rights and freedoms. Wives were told it was their duty to God to obey their husbands at all times, and to accept the consequences of disobedience. When women went to church leaders for guidance, they were often told to work harder and become more obedient to their husbands to regain their approval.
Legal Abuse in Early America
During the early stages of the United States, laws regarding violence in a domestic setting were put on the proverbial backburner while the government and territories developed and expanded. The few laws that were in place were simply copied from the existing laws in England at the time. It was not until the mid-19th century that domestic violence was even brought to the attention of lawmakers.
In mid-1800’s America, the middle class was rising to power, and Americans were able to enjoy leisure activity, entertainment, and further their education. More and more women became involved in social issues, and for the first time in Western history, violence against women was brought to the forefront of political and social discussion.
England Makes Progress; America Stands Still
In 1829, an act was passed in England which abolished a man’s right to have absolute power over his wife and children. While beating or harming one’s wife was not technically illegal, many regulations were set in place, forbidding men to harm their wives to the point of permanent damage or death – which was a giant leap for women’s rights at the time. Authors such as Mary Wollstonecraft and John Stewart Mill wrote in depth about the horrors of violence against women and the lack of legislation which would protect them.
However, it was not until almost 50 years later in 1882 that the United States developed any real legislation was passed to protect women. Maryland was the first state to make ‘wife-beating’ a crime, punishable by a 1-year prison sentence (or 40 lashes – after all, it was 1882). Four years later, a North Carolina court took this progress many steps back, when they ruled that a man cannot be criminally charged on a domestic violence complaint unless there is permanent damage or the instance was ‘malicious beyond all reasonable bounds.’ So if a husband was simply beating his wife daily, as long as her life and limb wasn’t at stake, she had nowhere to turn for help.
Towards the middle of the 19th century in England, Queen Victoria came into power, and the Brits began enacting many laws protecting women, even allowing them to file for divorce on the grounds of abuse, for perhaps the first time in western history. While Europe was moving forward, however, America was still stuck in the Stone Age. In 1911, a NY court ruled that domestic violence issues were best left to psychiatrists and mediators, who would use only discussion to ‘solve’ the issues at home. Sometimes only one spouse had to be present. This set domestic violence legislation back for many years to come. In fact, the Association for the Protection of Animal Welfare AND the Association for the Protection of Children were both established decades before most domestic violence and spousal rape laws were even regarded as legal issues.
Anti-Violence Policy Comes to Life in the 20th Century (Finally...)
The 1994 Violence Against Women Act was one of the first federal programs which outlined programs to prevent and address violence against women, and even established a domestic violence hotline. Despite the many advancements women made in society, such as obtaining the right to vote, receiving equal pay at work, and having a voice in politics, domestic violence laws were enacted differently from state-to-state. This act, however, not only established federal funding for domestic violence outreach programs, but also extended protection to women who were not permanent legal citizens of the US. VAWA was considered the most comprehensive legislation for victims of domestic violence in US history at the time, and has since been expanded and edited many times, in 1996 and 2002.
A particular landmark case occurred as recently as 1996, when California native Maria Marcias was killed by her estranged husband. She had obtained a restraining order, but the police had failed on no less than 22 times to enforce the order. For perhaps the first time in U.S. history, the lower courts ruled that the police had indeed failed to protect Maria in a case of domestic violence and therefore had not done their duty. The ruling stated that women have a constitutional right to safety and equal protection by law, and when the police failed to protect her because she was a woman and a domestic violence victim, they failed to do their job. Thanks to the brave women and families of victims, much legislation has been passed in accordance with this ruling.
Are YOU One Out of Four?
Violence has been present in societies since recorded time began, but one type of violence in particular has left a permanent scar on our history, a scar that is still in the process of healing: domestic violence affects approximately 1 out of every 4 families in the US alone. Most people reading this article most likely already know someone affected by domestic violence. Domestic violence is still the number one cause of injury to women – more than car accidents, muggings, and rapes combined. If you know someone affected in anyway by domestic violence, contact your local hotline, or the national hotline at 1-800-799-SAFE, with any questions or concerns you may have.
Kathleen Szeluga - I swear to report the truth, the whole truth, and nothing but the truth, so help me logic and reasoning.
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