Review: Domestic Violence Statistics in The United States

 Domestic violence in Las Vegas is a serious issue, and with good reason. For a time the city ranked among the states with the highest reported domestic violence cases across the country. Nevada itself was once fourth in domestic violence-related deaths, a grim distinction to have. It is no wonder that domestic violence advocacy has been ramped up in the past few months, and greater judicial focus on abuse cases is urged.

To an outside observer, domestic violence cases may just seem like any other criminal case you can hear on the news. However, there are a lot of numbers that give a rather chilling reminder as to why it is of major concern to Las Vegas law enforcement and criminal defense attorneys. Let’s take a look back at some domestic violence statistics in the United States.

1/5

Between 2003 and 2012, domestic violence accounted for one-fifth of all nonfatal assault cases reported and acted upon by the authorities across the country. This stands in stark contrast to other types of aggravated assault, like those related to theft, rape, or physical altercations between opposing individuals or groups. This is also not mentioning that this number was mostly from reported cases; it is possible that the number would’ve been higher if more domestic abuse incidents were reported.

10 Million Men and Women

This is the average number of men and women falling victim to domestic abuse in the United States annually. This number covers everything from intensive verbal abuse to outright battery or sexual violence. Unfortunately, not all of these get reported, and many of these cases conclude with either a badly-traumatized individual that has difficulty blending in with society, or a person dying either by their own hand or their partner’s.

20,000 Phone Calls

Emergency hotlines get, on average, 240 million calls across the country per year. These calls include missing persons reports, road accidents, communication regarding wanted individuals, and the like. Of all these, an average of 7,300,000 calls are related to domestic violence per year. That is roughly only 3% of all calls made to emergency services, a relatively small number for such a severe crime. The nature of domestic abuse makes it difficult for victims or concerned citizens to report such crimes; the partner may have become too domineering to be opposed, the victim is being passive due to several factors, or third parties consider the situation to be a family matter that outsiders should avoid and not report.

1 in 5 Children

Domestic violence can and will involve children, directly or indirectly. Sadly, that means that they regularly become part of the statistics as well. A whopping one in five children become involved in incidents of domestic abuse. Of this number, 90% would become first-hand witnesses to domestic abuse, if not the victim of such violence in the first place. Many of these first-hand witnesses eventually develop psychological trauma as they grow, or may even emulate the violence they witness in their teen and adult years.

These numbers are just a peek into how big a deal being involved in a domestic violence case is in the United States. There’s more to this crime than just what you see on television, and the implications are rough if one gets implicated in a domestic violence charge.

Review: Common Justifications for Committing Domestic Violence

 Domestic violence in Las Vegas is one of the more common charges in the city. It is not always reported in the media, but it consistently ranks among some of the most booked charges in town. Nevada criminal law in general has a strict penalty setup for domestic violence offenders, especially if they happen to be repeat offenders.

May criminals tend to justify their actions as a means of self-affirmation. Some convicted domestic violence offenders do the same, particularly repeat offenders or those who have enhanced charges. Let’s make a review at a few commonly invoked justifications for committing domestic violence.

Spur-of-the-Moment Emotions

Instances of domestic violence always involve strong emotions. It could be a variety of things: despair, confusion, denial, or disillusionment, on top of other things. However, one emotion that is always present is a strong sense of anger; such a strong emotion usually leads to some seriously dangerous actions when the domestic abuse incident happens. Many domestic violence defendants would claim that they did not commit any abuse, but was merely a sudden action caused by a sudden burst of anger and that they do not act like it regularly. Sudden anger is one of the most common defenses put up by domestic violence defendants to brush off charges, usually following it up with statements like ‘a stressful day’ or ‘pent-up frustrations’. Unfortunately for them, ‘anger issues’ can be used against them to prove that they are domestic abusers.

Traumatic Incidents

Most domestic abusers would blame a series of traumatic incidents in their youth to explain why they act as they do. They would cite particular incidents where they themselves were allegedly abused in similar circumstances, and blame their current disposition on these past events. While there are studies that connect PTSD to increased aggression and domestic violence tendencies, using it as an excuse just raises the question of why the defendant did not seek help before things escalated to an arrest and a court hearing. Instead of acting on their past trauma with the help of a professional, they choose to take it all out on their partner.

Injury-Related Personality Changes

Some domestic violence offenders insist that their partner abuse was the result of a traumatic brain injury that they have suffered in the past, either in their childhood years or later. They may be able to find witnesses who can confirm that they had a drastic personality change after said accident, like increased aggression and a shorter temper. However, suffering brain injuries due to accidents does not always explain coercive behavior towards a spouse; in some cases, the brain injury is merely fabricated and that people around them do not know that they have been manipulative and abusive even before the accident. Other cases may involve defendants with actual brain injury using it as an excuse, unaware that they were inherently abusive since the beginning.

Substance Abusers

Research confirms the strong link between domestic violence and substance abuse. While not all domestic violence offenders consume alcohol or drugs, many substance abusers also happen to be domestic abusers; higher substance use correlated to increased instances of domestic abuse and coercion of spouses in many cases. Unfortunately, many domestic violence offenders fall back on their previous drug abuse history to explain their behavior. This does not always explain the full picture of the situation, and in many cases the family abuse isn’t exactly related to substance abuse. Even after going through a rehab program, some offenders continue to act coercively towards their spouses.

Blame Shifting

One of the worst kinds of justifications used by domestic violence offenders is to blame their partner for their history of abusive behavior. They often say things like the partner getting in their face one too many times, excessive nagginess, or an outright direct callout to make the defendant mad in the first place. The excuse falls flat because getting angry is often a conscious thing, and blaming the partner for an action that is theirs alone incriminates them even more.

There is no merit in justifying acts of domestic violence, no matter what situation incited it. Remember these in the event that you are charged with a domestic violence complaint in Las Vegas.

Rehabilitating Domestic Violence Offenders in Nevada

 The State of Nevada takes its domestic violence cases seriously. The State’s courts impose severe penalties on defendants who are convicted of domestic abuse cases, including long prison sentences and high fees on top of situation-based compensation dues. It gets even worse if other circumstances are involved, like severe physical injury, sexual abuse, or death.

However, domestic violence convictions do not always equate to long prison sentences and high fees alone. Those unfamiliar with the legal system may be surprised that domestic violence offenders are required to undergo a domestic violence rehabilitation program on top of--or in some cases, instead of--spending time in prison for their crimes. The aim is to guide the offender through intensive therapy to refrain from committing such acts in the future.  Let’s look at the process of rehabilitating domestic violence offenders in Nevada.

Domestic Violence Rehabilitation According to State Law

Like in many other criminal offenses that involve rehabilitation and counseling, providing rehabilitation and counseling for domestic violence offenders is stipulated in the Nevada Revised Statutes. Statutes related to domestic violence rehabilitation include the appointment of an ombudsman for domestic violence; the creation of a fund to support domestic violence programs for both victims and offenders; the establishment and maintenance of a committee that will oversee domestic violence cases, victims and offenders; and other pertaining matters involving individual cases, like enhanced charges and deaths resulting from domestic violence.

In addition to the NRS, the creation and maintenance of a rehabilitation and counseling program for domestic violence cases is covered in the Nevada Administrative Code. While the NRS lays down the foundations of the administration of these rehabilitation programs, the NAC rules provide a guideline on what provisions, regulations, and stipulations are to be adopted for domestic violence rehab programs. The NAC also gives authority to the Division of Public and Behavioral Health to handle all of the aforementioned tasks; the Ombudsman and the Committee for Domestic Violence cannot act on a provision unless the DPBH has approved it.

How Offenders Get Into a Program

The NRS stipulates that convicted domestic violence offenders are required to attend domestic violence treatment programs, either while incarcerated or if ever they go into probation. First-time offenders will have to undergo 1.5 hours a week of intensive rehabilitation for a period between six and 12 months. Second-time offenders will be mandated to undergo the 1.5-hours-a-week program for the full 12 months instead. Note that these programs usually involve the offender to enroll and pay at his own expense; the State is only there to stipulate what programs he has to follow, as well as to monitor his progress and/or penalize him for failing to meet his dues.

Of note is that offenders convicted for a third time and beyond are no longer eligible for a rehabilitation program. At this stage, their crime is already a higher-level felony, and they instead will have to face the full brunt of Nevada domestic violence laws. Note that people who are charged with a felony-level domestic violence crime for their offense may no longer be eligible for a rehabilitation program, depending on the circumstances of the case.

Where to Seek Help

Much like rehabilitation centers for driving under the influence or drug crimes in Nevada, most rehabilitation centers in the state that handle behavioral therapy and domestic violence rehabilitation are privately-run and operated. These centers can only offer programs that have been stipulated by the DPBH; their programs have to pass a review from both the DPBH and the Committee for Domestic Violence so they can be certified. Programs often include discussions on behavioral health, anger management, social interactions, trauma, and self-restraint, among others. As noted earlier, offenders have to pay for these programs out of their own pockets.

Some of these domestic violence rehabilitation centers also offer therapeutic programs for those directly and indirectly affected by domestic abuse. They offer varying levels to fit the level of abuse that victims have suffered in the past.

Criminal law is never always about punitively punishing an individual for a crime they committed. It can also be rehabilitative, seeking to help the offender reintegrate into society after serving time for a domestic violence charge in Nevada.