1 Dorothy Ayers Counts, Judith K. Brown, & Jacquelyn C. Cambell, Sanctions and Sanctuary: Cidtural Perspectives on the Beating of Wives (Boulder, Col.: Westview Press, 1992); David Levinson, Family Violence in Cross-Cultural Perspective (Newbury Park, Cal.: Sage Publications, 1989).Google Scholar

2 Note that in Spain, even “private, nonprofit” social service programs depend heavily on the state for nearly all their funding and, consequently, for official legitimization of the social problems they seek to remedy.Google Scholar

3 Jalna Hanmer, Jill Radford, & Elizabeth A. Stanko, Women, Policing, and Male Violence: International Perspectives (New York: Routledge, 1989) (“Hanmer et al., Women, Policing, and Male Violence”).Google Scholar

Although Spain is still relatively young in its transition from a dictatorship to a democracy (about 1975–80), in structural configurations and gender hierarchies it is much like other industrialized Western capitalist countries.Google Scholar

4 R. Emerson Dobash & Russell P. Dobash, Women, Violence and Sodal Change 287 (New York: Routledge, 1992) (“Dobash & Dobash, Women, Violence”).CrossRefGoogle Scholar

5 See id.; Nancy A. Matthews, Confronting Rape: The Feminist Ann-Rape Movement and the State (London: Routledge, forthcoming) (“Matthews, Confronting Rape”).Google Scholar

For example, in the pro-choice movement as funding became available for activists to “make careers out of being movement leaders,” the movement itself became more professionalized and formal. Suzanne Staggenborg, “The Consequences of Professionalization and the Formalization in the Pro-Choice Movement,” 53 Am. Soc. Rev. 585 (1988).CrossRefGoogle Scholar

6 Margaret Thornton, “Feminism and the Contradictions of Law Reform,” 19 Int'l J. Soc. L. 453 (1991).Google Scholar

7 Tove Stang Dahl, “Women's Law: Methods, Problems, Values,” 10 Contemp. Crises 361, 364 (1986).Google Scholar

8 Nancy Fraser, unruly Practices: Power, Discourse ard Gender in Contemporary Social Theory (Minneapolis: University of Minnesota, 1989) (“Fraser, Unruly Practices”).Google Scholar

9 Id. at 144–45.Google Scholar

10 Carol Brown, “Mothers, Fathers, and Children: From Private to Public Patriarchy” in Lynda Sargent, ed. Women and Revolution: A Discussion of the Unhappy Marriage of Marxism and Feminism (Boston: South End Press, 1981).Google Scholar

11 Fraser, Unruly Practices 154.Google Scholar

12 See also Dobash & Dobash, Women, Violence (cited in note 4).Google Scholar

13 Charles Ragin, The Comparative Method (Berkeley: University of California Press, 1987); Dobash & Dobash, Women, violence (cited in note 4).Google Scholar

14 Women, Violence. Google Scholar

15 Hanmer et al. Women, Polidng (cited in note 3).Google Scholar

16 For an analysis of social movement mobilizations in response to dowry burnings and beatings in India and battering in the United States, see also Diane Mitsch Bush, “Women's Movements and State Policy Reform Aimed at Domestic Violence against Women: A Comparison of the Consequences of Movement Mobilization in the U.S. and India,” 6 Gender & Soc-y 587 (1992).CrossRefGoogle Scholar

17 John Hooper distinguishes patriarchy in Spain as being different from that in other countries because of the manifestations of (1) a particularly southern European code of honor, (2) cultural vestiges of the era of Moorish control in Spain, and (3) rigid policies regarding women under General Franco's authoritarian regime (1939–75). John Hooper, The Spaniards: A Portrait of the New Spain (London: Penguin Books, 1987).Google Scholar

18 In addition, the jurisdictions selected in both countries have all recently changed and strengthened their police policies and laws regarding domestic violence to favor or mandate arrest of offenders.Google Scholar

19 This is not to ignore the very limited nonfeminist services that existed for battered women in the United States before the battered women's movement mobilized in the 1970s. For instance, in the 1960s, programs like Rainbow Retreat in Phoenix and Haven House in Pasadena, which were conceptually similar to Al-Anon programs, helped battered women who were married to alcoholic men. Susan Schechter, Women and Male Violence: The Visions and Struggles of the Battered Women's Movement (Boston, Mass.: South End Press, 1982) (“Schechter, Women and Male Violence”).Google Scholar

20 Id. As Schechter points out, public awareness on the national level had already begun with the earlier recognition of child abuse as a pervasive problem; by 1966, all the states except Hawaii had passed a child abuse reporting act.Google Scholar

21 Minnesota led the nation in establishing the first shelter for battered women in 1974, with Boston following in 1976. For a more detailed description of the early shelters, see id.Google Scholar

22 R. Emerson Dobash & Russell P. Dobash, “Love, Honour and Obey: Institutional Ideologies and the Struggle for Battered Women,” 1 Contemp. Crises 34 (1977); id., “Wives: TTie ‘Appropriate’ Victims of Marital Violence,” 3–4 Victimology 426 (1978).Google Scholar

23 Susan E. Bernstein, “Living under Siege: Do Stalking Laws Protect Domestic Violence Victims?” 15 Cardozo L. Rev. 525 (1993).Google Scholar

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26 Lenore Walker, The Battered Woman (New York: Harper & Row, 1979); Diana E. H. Russell, Rape in Marriage (Bloomington: Indiana University Press, 1982).Google Scholar

27 Federal Bureau of Investigation, Crime in the United States (Washington, D.C.: U.S. Department of Justice, 1986).Google Scholar

28 Schechter, Women and Male Violence (cited in note 19). However, undue scrutiny of the victim's behavior remains even today. Questions typically raised: What did she do to cause the abuse? If she doesn't like it, why doesn't she just leave? Legal recognition that intimate assault is a crime does not in and of itself erase deeply ingrained, stereotypical ways of characterizing and blaming the victim.Google Scholar

29 For example, recent comparative data available from the National Academy of Science's panel on Understanding and Control of Violent Behavior show that among countries in the industrialized world, the United States and Spain are first and second in murder rates. Note, however, that the U.S. murder rate (9.4 per 100,0(X)) was cited as doubk that of Spain's. Commission on Behavioral & Social Sciences & Education, Understanding and Preventing Crime 53 (Washington, D.C.: National Academy Press, 1992).Google Scholar

30 Julian A. Pitt-Rivers, “Honour and Social Status,” in J.G. Peristiany, ed., Honour and Shame (London: Weidenfeld & Nicolson, 1965); id., The Fate of Shechem (Cambridge: Cambridge University Press, 1977) (“Pitt-Rivers, The Fate of Shechem”).Google Scholar

31 David D. Gilmore, Aggresiion and Community 126–27 (New Haven, Conn.: Yale University Press, 1987) (“Gilmore, Aggression and Community”).Google Scholar

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33 Irwin Press, The City as Context: Urbanism and Behavioral Constraints in Seville 118 (Urbana: University of Illinois Press, 1979).Google Scholar

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35 Id. at 214.Google Scholar

36 Hooper, The Spaniards 194–97 (cited in note 17).Google Scholar

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38 An interesting consequence of improvements in the situation of women in Spain— and the contributions of feminists to ethnography in general—is the new recognition by anthropologists that the work done on Spain and on Mediterranean societies to date suffers from androcentrism. Mediterraneanists are now questioning the androcentric bias of “crude sex-based oppositions such as honor/shame” and protesting the “invisibility” of rural women by reexamining, among other contexts, the household as an “arena of power.” Even in the traditional rural settings anthropologists have studied in southern Europe, this new research has “revitalized Mediterranean ethnography by transcending sexual stereotypes of woman as reticent, passive and submissive, and man as active, powerful and assertive” (Gilmore, Aggression and Community 953 (cited in note 31)). Thus, one can conclude that changes in the public and private lives of Spanish women are so far-reaching that they have forced social researchers to reconceptualized the role of women in society.Google Scholar

39 These women did not occupy political posts at that time (otherwise they would not have had to lobby for government recognition as they did), but they were benefiting from a historical moment when both the transition to democracy and the victory of the Spanish Socialist Workers Party in 1982 translated into greater possibilities for women's voices and opinions to be heard.Google Scholar

40 Comision de Derechos Humanos Senado, “Informe de la Ponencia constituida en el seno de la Comision de Relaciones con el Defensor del Pueblo y de los Derechos Humanos Encargada del Estudio de la Mujer Maltratada,” 2 Secdones & Andisis de Docwnentacion 23 (1989).Google Scholar

41 They worked with other groups: the private, nonprofit groups include the Federacion de Asociaciones de Mujeres Separadas y Divorciadas (Federation of Associations of Divorced & Separated Women), which runs the only long-term residential training and employment program; the Fundacion de Solidaridad Democratica (Democratic Solidarity Foundation, an organization related to the Socialist Party), which runs a shelter; the Asociacion de Mujeres Progresistas (Association of Progressive Women), which runs an emergency service; the Comision Anti-Agresiones del Movimiento Feminista de Madrid (Anti-Violence Commission of the Madrid Feminist Movement), a pressure group that deals more with rape than with battering. The services nm directly by the government include a shelter operated by the Autonomous Community of Madrid (Madrid regional government) and several women's issues hotlines and information centers run by the Women's Institute that deal with battering as well.Google Scholar

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43 The article reads as follows: “He/She who habitually and for whatever purpose uses physical violence against hi/her spouse or other person with whom he/she has a similar affective relationship, as well as against his/her children or others under his/her custody, shall be punished by a prison sentence” of a month and a day to six months (arresto mayor).Google Scholar

44 Comunidad Autonoma de Madrid, La Mujer en la Comunidad de Madrid 87–89 (Madrid: Cotnunidad Autonoma de Madrid, Direccion de la Mujer, 1990) (“CAM, La Muier”).Google Scholar

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46 The respondents were: Maryland: Montgomery County: a police officer (white male) and a prosecutor (black male); Prince Georges County: a prosecutor's assistant in charge of the Domestic Violence Program in the State's Attorney CMce (white woman), the clinical director of services at the battered women's shelter (white female), and a police officer (white male); Alexandria, Virginia: a police officer in charge of coordinating the Domestic Violence Program (white male) and the head of the Office on Women and coordinator of domestic violence services (white female); and District of Columbia: a representative from each of the two battered women's shelters (white female, white male), a police officer (white male), and a legal representative of the AYUDA Legal Clinic, which provides legal services for Hispanic, immigrant, and refugee women (white female).Google Scholar

47 The interviews included 2 at the Women's Institute (the national governmental body under the auspices of the Ministry of Social Affairs); 1 with a representative from the Autonomous Community of Madrid's Office on Social Integration (in charge of battered women's issues); 3 with workers at two of the three shelters for battered women in Madrid; 1 each with a prosecutor and a judge; 3 with police officers; and 2 with social workers who work with the police at the special station for battering/rape victims that serves the Autonomous Community of Madrid.Google Scholar

48 As this article went to press, after much debate and difficulty, the U.S. Congress passed a comprehensive crime bill including appropriations to finance the Violence against Women Act. Some of the provisions for battered women included in the act are: the creation of new federal penalties for abusers who cross state lines to continue abuse, interstate enforcement of “stay away” orders, setting limits to information abusers can receive on the whereabouts of fleeing victims, increased funding for special spouse abuse units for prosecutors and courts and for shelters, the creation of school-based programs to teach children about domestic violence to help stop the cycle of family violence, and the authorization of a national media campaign against domestic violence to educate women about their rights.Google Scholar

49 For Australia, see Suzanne E. Hatty, “Policing and Male Violence in Australia,” in Hanmer et al., Women, Policing (cited in note 3); for Britain, see Hanmer et at., Women, Policiing; for the Netherlands, see Olga J. Zoomer, “Policing Woman Beating in the Netherlands,”in id. Google Scholar

50 Dobash & Dobash, Women, Violence 44 (cited in note 4).Google Scholar

51 Id. at 147. For an alternative method, see Tove Stang Dahl's (10 Contemp. Crises, cited in note 7) proposal of a parallel law system offering a more feminist jurisprudence that is responsive to women's needs.Google Scholar

52 Eve S. Buzawa & Carl G. Buzawa, Domestic Vidence: The Criminal Justice Response (Newbury Park, Cal: Sage Publications, 1990) (“Buzawa & Buzawa, Domestic Violence”).Google Scholar

53 Id.; Elizabeth A. Stanko, “Missing the Mark? Policing Battering,” in Hanmer et al., WoTTien, Policing.Google Scholar

54 See Elliott Currie, Confronting Crime: An American Challenge (New York: Pantheon Books, 1985).Google Scholar

55 Dobash & Dobash, Women, Viotence 209.Google Scholar

56 Kathleen J. Ferraro, “Policing Woman Battering,” 36 Soc. Prob. 61 (1989).CrossRefGoogle Scholar

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60 For instance, a recent evaluation of the District of Columbia's mandatory arrest policy indicates that even when probable causes exists, police arrest only 18% of the time, and the cases most likely to meet arrest standards are those in which the offender is disrespectful to the officer or property damage (particularly motor vehicle) is involved. This pattern holds true even when visible injuries exist; see Susan L. Miller, “Arrest Policies for Domestic Violence and Their Implications for Battered Women,”in Roslyn Muraskin & Ted AUeman, eds., It's a Crime: Women and Justice (New York: Prentice-Hall, 1993) (“Miller, Arrest Policies”); Nicole M. Montalto, “Mandatory Arrest: The District of Columbia's Prevention of Domestic Violence Amendment Act of 1990,” 8 /. Conump. Health L. & Pol'y 337 (1992). Furthermore, police failure to arrest is similar in other jurisdictions with policies favoring arrest; see Buzawa & Buzawa, Domestic Violence. Google Scholar

61 The AYUDA Legal Clinic offers services for battered immigrant and refugee women, not solely for Hispanic women. It uses public service announcements on Spanish-speaking television, sponsors a group called “Sisters United” (a speakers' bureau made up of formerly battered women). It trains police and social workers on the needs of immigrant and refugee women and translates the laws and provides legal representation for non-English-speaking women. It also serves a large population of Ethiopian women.Google Scholar

62 From a practical perspective, a coordinated, multiagency response encourages victims to follow through with charges because explicit and varied sentencing alternatives are available (especially if a victim doesn't want the abuser to go to jail for the family's economic well-being). Also, the Alexandria respondents consistently mentioned that mandatory arrest puts the onus (and blame from the batterer's perspective) on the police, relieving the woman of possible retaliation for “what she did to him.”Google Scholar

63 Presumptive arrest is designed to strongly guide police discretion in the direction of arrest; mandatory arrest limits police discretion while dictating arrest action.Google Scholar

64 Although homogeneity in a culture certainly does not preclude lesbianism, the inclusion of lesbian battering victims has not been a part of Spanish community organizational efforts as it has in the United States. As in the United States, disclosure by Spanish lesbian victims of battering may be seen as too risky, particularly if their relationships are not socially protected or institutionally sanctioned. In both countries, traditional sources of help, such as shelters and laws, have been designed primarily to benefit women in heterosexual relationships.Google Scholar

65 Although the “minority groups” listed here are small, Spain is also marked by strong regional political and cultural movements which at times, particularly in the Basque country, have taken on racial and ethnic undertones. For the sake of comparison, we chose to limit our Spanish “minorities” to those groups that permeate the entire geographic area of Spain: gypsies and North African and Latin American emigres.Google Scholar

66 Dobash & Dobash, Women, Violence (cited in note 4).Google Scholar

67 Id. at 51.Google Scholar

68 This stance against homophobia was part of a larger action plan that included analysis of cooptation in all facets of work; ongoing discussions about issues of gender, race, and class in daily work; plans to share community organizing skills throughout the membership for building and mobilizing at the grassroots level; and building alliances with other women's groups and progressive organizations to work collectively for housing, day care, civil rights, welfare rights, and labor organizing. Id. Google Scholar

69 See Richard M. Toiman & Larry W. Bennett, “A Review of Quantitative Research on Men Who Batter,” 5 J. Interpersonal Violence 87 (1990).CrossRefGoogle Scholar

70 K. D. O'Leary, “Physical Aggression between Spouses: A Social Learning Perspective,” in V. B. Hasselt, R. L. Morrison, A. S. Bellack, & M. Hersen, eds., Handbook of Family Violence (New York: Plenum, 1988); see also Richard J. Gelles, Family Violence (Beverly Hills, Cal.: Sage Publications, 1979).Google Scholar

71 Kersti Yllo, “Political and Methodological Debates in Wife Abuse Research,”in Kersti Yllo & Michele Bogard, eds., Feminist Perspectives on Wife Abuse (Newbury Park, Cal.: Sage Publications, 1988).Google Scholar

72 Note that the domestic violence literature suggests that these are characteristics but NOT causes of battering.Google Scholar

73 A popular prime-time television show portraying teenagers.Google Scholar

74 Although these words reflect a feminist-oriented analysis of issues related to battering, the respondent addressed these issues superficially and did not offer a feminist critique or analysis of gender relations or power dynamics within relationships. It may be, however, that the shelter worker applies a feminist analysis to daily life and used this language as a short hand for the feminist critique of gender relations we expected. On the other hand, research has identified a rift between feminist ideology and practice at both local and national organizational levels of the battered women's movement. See Susan B. Murray, “The Unhappy Marriage of Theory and Practice: An Analysis of a Battered Women's Shelter,” 1 Nat'l Women's Stud. Ass'n J. 75 (1988); Lois Ahrens, “Battered Women's Refuges: Feminist Cooperatives vs. Social Service Institutions,” 14 Radical Am. 41 (1980).Google Scholar

75 For a discussion of the differential impact of battering on women mediated by social class, see Susan L. Miller, “Unintended Side Effects of Pro-Arrest Policies and Their Race and Class Implications for Battered Women: A Cautionary Note,” 3 Crim. Just. Pol'y Rev. 299 (1989).CrossRefGoogle Scholar

76 Dobash & Dobash, 1 Contemp. Crises (cited in note 22).Google Scholar

77 Buzawa & Buzawa, Domestic Vioknce (cited in note 52).Google Scholar

78 If, e.g., she had housing or job prospects that would mediate her dependency on her abuser.Google Scholar

79 These responses indicate the importance of first contacts for battered women when seeking help—if she got brushed off, ridiculed, ignored (i.e., by emergency room treatment, police, clergy, etc.), then her interpretations of her situation—and the options she thinks she has—would be affected.Google Scholar

80 These feelings are especially difficult for women who have been socialized to be the caretakers (nurturers) in relationships. See Carol Gilligan, In a Different Voice (Cambridge, Mass.: Harvard University Press, 1982).Google Scholar

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82 Kathleen J. Ferraro, “Processing Battered Women,” 2 . Family Issues 415 (1981); Carol S. Wharton, “Establishing Shelters for Battered Women: Local Manifestations of a Social Movement,” 10 Quaiitative Soc. 146 (1987).Google Scholar

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85 However, data from other studies indicate that differences exist between official police statements and private police sentiments. Many officers privately do not endorse pro-arrest policies since they strip police of their discretionary powers and appear to be motivated by public relations and not the realistic context of patrol policing. Id.Google Scholar

86 These opinions are consistent with empirical findings in the deterrent literature. For a good review, see Raymond Paternoster, “The Deterrent Effect of the Perceived Certainty and Severity of Punishment: A Review of the Evidence and Issues,” 4 Just. Q. 173 (1987).CrossRefGoogle Scholar

87 Carole Sousa, “The Dating Violence Intervention Project,” and Laura Prato & Regina Braham, “Coordinating a Community Response to Teen Dating Violence,” both in Barry Levy, ed., Dating Violence: Young Women in Danger (Seattle: Seal Press, 1991).Google Scholar

88 Montalto, 8 J. Contemp. Health L. & Pol'y (cited in note 60).Google Scholar

89 Jill Radford, “Women and Policing: Contradictions Old and New,” in Hanmer et al., Women, Policing (cited in note 3); Ferraro, 36 Soc. Prob. (cited in note 56).Google Scholar

90 An alternative explanation might be that social service workers may feel less attachment or loyalty to the criminal justice or legal systems than do police or attorneys because their professional status does not depend on their personal investment in the system. (We thank a Law & Social Inquiry reviewer for this observation.)Google Scholar

91 The service providers were the only group to raise the issue of education, treatment, and prevention of domestic violence in rural areas where no services are nearby and where families are even more isolated from community services and institutions. Some belief was expressed that metropolitan areas are more sophisticated and exposed to more ideas and innovative services with better funding, a belief echoed in the Spanish data.Google Scholar

92 Some of this skepticism could be attributed to the much lower incarceration rates in Spain for all offenses, not just for domestic violence. The United States leads the Western industrialized countries with the highest incarceration rate of 426 inmates per 100,000, while Spain is the 11th country with 76 inmates per 100,000. Marc Mauer, Americans behind Bars: A Comparison of International Rates of Incarceration (Washington, D.C.: Sentencing Project, 1991).Google Scholar

93 It is curious that respondents did not mention the role of the extended family—as a source of support for the victim or for the batterer (by discouraging the dissolution of the abusive relationship or by reinforcing his more powerful position). There is some evidence in the United States that extended or kin networks provide material and emotional support for family members in need (see Carol B. Stack, AU Our Kin: Strategies for Survival in a Black Community (New York: Harper & Row, 1974)), and we had expected more extensive commentary in the same vein to be present in Spanish culture.Google Scholar

94 See Ferraro, 36 Soc. Prob. (cited in note 56); Miller, “Arrest Policies” (cited in note 60).Google Scholar

95 While police noncompliance on arrest policies is typical across many U.S. locales, the character of social and institutional responses is more diverse than our findings from the D.C. metropolitan area suggest, since they are shaped by local community concerns and activists.Google Scholar

96 Although Alexandria is the only jurisdiction in our present sample that uses a model of community integration (linking criminal justice, service providers, schools, etc.) to combat domestic violence, integrated, multi agency intervention, education, and treatment programs are present across the United States.Google Scholar

97 Cris M. Sullivan, Joanna Basra, Cheribeth Tan, & William S. Davidson, “After the Crisis: A Needs Assessment of Women Leaving a Domestic Violence Shelter,” 7 Violence & Victims 267 (1992).CrossRefGoogle Scholar

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107 See Lawrence Sherman & Richard A. Berk, “The Specific Deterrent Effects of Arrest for Domestic Assault,” 49 Am. Soc. Rev. 261 (1984); Lawrence Sherman & Ellen G. Cohn, “The Impact of Research on Legal Policy: The Minneapolis Domestic Violence Experiment,” 23 Law & Soc'y Rev. 117 (1989).CrossRefGoogle Scholar

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117 Catharine A. MacKinnon, Toward a Feminist Theory of the State (Cambridge, Mass.: Harvard University Press, 1989).Google Scholar