Patriarchy: Mandatory Charging Policy

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Introduction: Mandatory Charging Policy

Patriarchy is a social system where men hold power and promote male privilege. It is embedded in all aspects of life and dates as far back as 4000 BCE (Sterns, 2000). It normalizes male aggression over women and creates the conditions for woman abuse. In the wake of lawsuits and political pressure, legal reforms were enacted to address the problem of male violence against women. In 1983, Ontario started promoting mandatory charging policies to force police officers to arrest abusers and charge them. Many police officers have resisted this policy because they do not view woman abuse as a serious problem and hold patriarchal notions of sexist gender roles. The policy has placed limitations on police discretion,
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They cannot afford a lawyer due to their financial dependence on the abuser (Felty & Nichols, 2003). 54% of the victims claim that they were not informed about the criminal process and proceedings (Erez & Belknap, 1998). They must either go through the lengthy process of applying for legal aid or plead guilty. Unaware of the legal consequences many victims are manipulated by the Crown Attorney and their abuser into pleading guilty. The Crown Attorneys assume that the victim will not fight the charge and will plead guilty. They offer little support and try to process the matter as quickly as possible. 60% of the women in the study felt dissatisfied with the criminal justice system (Erez & Belknap, 1998). Ursel (1998) states that when the abuser is arrested and charged, this is often not what the victim wants. Most victims just wish for the abuse to stop. The Crown Attorneys may try to coerce the victim into testifying against the abuser, whom she still loves. The justice system gives victims the option to testify against their abuser or withdraw the charges. Testifying against the perpetrator is often not in the best interest of the victim because of financial dependency. Victim’s refusal to testify leads to them being labeled uncooperative witnesses and increases the victim’s likelihood of being arrested in future …show more content…
However, it has resulted in victims being arrested and further victimized by the justice system. The male gaze fails to understand woman abuse as a gendered problem and punishes the victim for acting in self-defence. Police officers are likely to arrest women who do not conform to traditional gender roles. Women’s use of force is treated more harshly by the justice system and most women feel that the justice system sides with the abuser. Women feel disempowered and are far less likely to reach out to police for help. Some researchers think that reduction in reporting means that this policy is effective however most women are now afraid to call the police. Abusers have learned to manipulate the system to have victims arrested. The justice system often forces victims to act against their self-interest or lose any legal protection. Women brave enough to leave the abuser must face a life of poverty and risk losing their children to the abuser or CAS. Faced with these choices, most victims choose to suffer in silence while the rest of society wonders why do women