March is Women’s History Month, Part 1

As we celebrate March as National Women’s History Month, it seems appropriate to share the history of how our views of domestic violence against women has changed throughout the history of this nation. So much has changed since our early days – culturally, politically, and legally.

In the early history of our nation, the early settlers accepted the Old-English Common Law that permitted and encouraged wife beating. It was considered the husband’s right and responsibility to ‘correct’ his wife through physical punishment. There were few limitations to this type of physical punishment. One such limitation included a restriction to never using any stick bigger in diameter than the husband’s thumb to ‘correct’ his wife.

In 1871, Alabama became the first state in our nation to take away the legal right for men to beat their wives. In 1882, Maryland became the first state to make wife-beating a crime. The penalty for conviction was 40 lashes or a year in jail. Other changes that began to show up in laws around the nation and the world included laws against keeping wives locked up and prohibiting a man from selling his wife and daughters into prostitution. In reaction to changing attitudes against domestic abuse, North Carolina clamped down on women’s rights in 1886 by judging that criminal charges could not be brought against a husband unless the abuse was “so great as to result in permanent injury, endanger their life, or is malicious beyond all reasonable bounds”.

As attitudes began to shift, so did our court systems. In 1911, the first Family Court was set up in New York. An early type of ‘social service’ intervention was included, with reconciliation being the goal. Later on (1962), in New York, domestic violence cases were moved from criminal court to civil court – a step backward for sentencing justice for victims. Civil court punishments dealt out much less harsh punishment for a man beating his wife than criminal court did for beating another individual.

Some of the first shelters that helped domestic violence survivors were opened in California (Haven House) in 1964, and in Maine in 1967. In 1976, Pennsylvania becomes the first state to establish a coalition against domestic abuse AND passed legislation providing Orders of Protections for victims. In the same year, Oregon mandated arrest in domestic violence cases, forcing law enforcement to act to protect women from abuse.  Domestic violence officially becomes ground for divorce in New York in 1966 – BUT the victim had to establish that a ‘sufficient numbers of beatings’ have occurred to warrant divorce.

As you can see, change has been slow culturally, politically, and legally throughout our nation’s history. Change has occurred, but more is needed. To read part 2 click HERE. If you, or someone you know, struggles under the weight of domestic abuse call 1-888-554-2501, anytime, day or night, for a ‘Safe Place’ to escape abuse. For help in Conway County, call 501-354-1884 or in Perry County, call 501-889-2030. You can also go to www.thesafeplacearkansas.com for more information.

 

 

http://www.pacwrc.pitt.edu/Curriculum/310DomesticViolenceIssuesAnIntroductionforChildWelfareProfessionals/Handouts/HO3DomesticViolenceTimeline.pdf

 

http://saintmarthas.org/resources/history-of-battered-womens-movement/

 

https://www.endvawnow.org/en/articles/1368-the-history-and-origin-of-womens-sheltering.html