Domestic violence is a serious problem and the statistics proclaim that every 1 women out of 4 women deal with domestic violence. However, it is myth that men cannot be victim of domestic violence. The statistics also reveal that 1 out of every 20 men deal with domestic violence. The proportion is less but the severity of the issue cannot be ignored. Majorly in the every court case, public hearing and according to the viewpoints of the society it is the woman who can be the victim of domestic violence and not a man.
It becomes very difficult for a lawyer to also approve that a man can also go through all the situations and emotions a woman goes through in domestic violence (Chatsverykova, 2017). Every year a large number of domestic violence cases are reported, we people in the newspapers also cover the story and every point we point out the mistake of the male gender. It is important to assess is it the right manner to evaluate a case and without any investigation and consider the woman as the victim of domestic violence.
It becomes important for the judiciary to also analyse the existence of defences against the charge of domestic violence. It is possible that the violence that took place was an act of self defence. The woman would have suffered injuries which she portrayed as evidence in the court because the man was defending against the attack primarily done by the woman. In the context of self defence, the violence is not considered to be a criminal attack because the individual gets involved in it in order to protect oneself from the attack.
Another interesting concern that can be highlighted if anyone carefully analyses the case of any domestic violence act is that the actual trial in the court after the filing of the domestic violence case takes place within less than 30 days (Johnson et al., 2019). Therefore, it even becomes impossible for the concerned authorities to investigate the case properly. However, it becomes important for the police to collect information from the sides of both man and woman along with the information from the third parties in order to better analyse the case and to understand the relationship between the partners.
A woman should only be considered a victim when she is able to provide a list of witnesses that will intend to come to the court to serve as evidence against the defendant (Milne & Turton, 2018) Expert’s reports, tape recording and photographs should be considered as evidence and the case should not just be based on the things claimed by the victim.
Our client N. Manwaring was recently alleged as a defendant in the case of domestic violence. We have been associated with this client was a very long time and we have known this person for his calmness and positive attitude towards life. Therefore, I believe that the investigation for such cases needs to be conducted more effectively in order to understand the case better. It becomes important that the male gender should be considered as a defendant from the very beginning of the trial as it has a negative impact on the confidence of the defendant to speak up his part of the story and prove his innocence.
The laws drafted against domestic violence need not be gender neutral in just theory but practical life also (Goodwin, 2018). It is still an argument that women are treated leniently in the cases of domestic violence or not. Therefore, no statement can be said in this aspect. But it becomes important to investigate that the woman who is regarding her as a victim of domestic violence was actually a victim or is just trying to manipulate the criminal justice system.
Chatsverykova, I. (2017). Severity and leniency in criminal sentencing in Russia: the effects of gender and family ties. International Journal of Comparative and Applied Criminal Justice, 41(3), 185-209.
Goodwin, D. (2018). Anything You Can Do, I Can Do Shorter: An Analysis of Lenient Sentencing for Female Sex Offenders in the United States. Wm. & Mary J. Race Gender & Soc. Just., 25, 433.
Johnson, J. D., Raj, N., Smith-Enoe, S., & Lecci, L. (2019). Receiving leniency after hurting a female norm-violator: the mediating role of victim and harm-doer empathy. Violence against women, 1077801219861149.
Milne, E., & Turton, J. (2018). Understanding violent women. In Women and the Criminal Justice System (pp. 119-139). Palgrave Macmillan, Cham.
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