Intervention Byt He Judicial Systeem Essay, Research Paper

Final Essay

Women in this country have been a part of violence for an enormous amount of time. This violence includes pornography, rape, and even domestic violence. The United States judicial system has intervened into the so-called private sphere and eradicated women in society, providing precedent and even updating statutes as well as other types of legislation. Without intervention women may still have no rights as human beings and the victims of much worse violence. Not to say that the violence that comes about is not extremely painful and an obscene amount of torture for women, but without our judicial system to minimize some of these violent acts would be in total chausses. Throughout these acts of violence women are treated as animals, beaten, slaughtered, and killed eventually. For some, this may seem unthinkable and unrealistic but pornography, rape, and domestic violence does just this. These women who sell their bodies through porn usually-not all- have unusual childhood backgrounds. These backgrounds include, molestation, rape, incest, are penetrated with objects as children, sold for child porn by their parent or parents, being tortured through every moment of their lives. When these women grow up into adults what kind of life are they expected to have? A loving family, a college education, and a respectable profession? Or no education, broken family, and for them to fall into the same profession their parents taught them? These women don’t understand that parents are supposed to love their children unconditionally. What else should we expect from women who all of their lives they have been treated as inhumane. Rape, also a sexually violent act that women encounter. This type of violence is non-consenual. Not one rape is alike. Rape consists of the domination over women so men can feel as if they are masculine and predominantly better than females who are actually physically weaker. The last act of violence discussed will be domestic violence. Why women stay in relationships where they are being battered and abused? All of these acts of violence are dangerous and put lives in danger. The judicial systems intervention may not stop all of these horrible incidents but may protect the lives of those who wish to be protected.

Although there are exceptions to every rule, depending on the type of porn and in what manner it is presented or acted out determines how violent it is perceived. According to Andrea Dworkin, “Words alone, words and pictures, moving or still, creates systematic harm to women in the form of discrimination and physical hurt.” Although this may be true there are some women who have actually chosen this profession for pleasure and enjoy this type of industry. As we know pornography is legal and is considered freedom of speech, written in the 1st Amendment of the Constitution. There are two levels of speech, speech and non-speech. The courts recognize “speech” as being protected and hold it to the highest level of scrutiny, but as for “non-speech” rational basis is implemented. Unprotected speech consists of “fighting words.” Also obscenity is unprotected speech. The whole reason we protect speech is part of us and therefore recognized as knowledge. Pornography has been considered as speech unless children are involved. In Roth vs. US (1957) obscene material is considered appealing to prurient interest. The Modern Standard of Obscenity basically says that if there is something as a whole, for example, a good novel with bestiality, which would not be considered obscene because it is considered whole. Andrea Dworkin and Catherine McKinnon tried to break down t he porn industry by passing a Modern Anti-Porn Law. This law was to establish a civil law so if someone is injured they could sue the porn director. This law was never passed. Porn is an industry where women are placed in subordinate places often and are treated badly. Dworkin thinks of porn as violence and not speech, therefore is totally against the whole industry. There are always two sides to every story and this is definitely one. Women of this country should be allowed to make their own decisions and our 1st Amendment right lets women do that.

12.1 million women in America have been raped. This is an alarming number. Rape is also usually is very difficult to prove in court and is often defined solely by the victim’s actions. Such as if there are circumstances where the woman may not tell anyone for months for whatever reason, no evidence is there to convict the offender. Therefore it is a he said she said case. Rape is a crime that should be penalized heavily in our court system, but there are many twists and turns so it is hard for the courts to establish one strategic way of deciding rape cases. Rape is definitely a violent act and men have different motives. Baker explains that law is ignoring men’s motives. Some of the motives are sex as a commodity where women are perceived as objects and men feel they can use them any way they want. Power is another motive. Men want distinction and praise whether from their peers or a woman. Men also rape out of anger. For example, the helpless felling they have in prisons. Baker argues that stiff punishment should be implemented. Rape is forcible and non-consensual. In the case Pennsylvania v. Berkowits addressed the question was forcible compulsion met? The court decided there was no coercion because Pennsylvania does not recognize the fear of something. The court says that she took no type of physical action to discourage him. Force is the issue. Whether or not he forced her by physically constraining her, Earl was not convicted. On this issue the courts set poor precedent by letting Earl off the hook. The girl did not consent to the sexual act and said no, for fear if she didn’t do what he said she did not know what he was capable of doing to her. Should we allow men to rape and that is exactly what this court decided. Her saying no should be enough. That means she did not want to have intercourse with this particular person. Understanding that rapes are never alike is a concept that courts often attempt to consider, trying to make educated decisions in each case but that is not always the outcome. We need legal intervention, tighter and clearer laws on rape must be enforced.

We ask the question, what roles does law play in domestic violence and how does it work? Is interference effective? To a certain extent interference is effective if you have a woman that really wants help and cooperates with the process. On the other hand interference could increase violence for women because this could anger the men. This seems to provoke the offender and women do not want them angry so they realize if they say they are sorry and will go get them out of jail the men will be happy at least for the time being until the next violent act. Often inadequate police intervention damages a woman’s esteem. The police may ask what did you do to provoke him or they may just simply not take the act seriously. Family life becomes miserable for these women. These women are said to leave 6 times before actually leaving forever. What causes these women to stay in these painful and tortured households? There are many reasons such as financial problems or not having self-esteem. Just like all the acts of violence discussed, men feel the need for power to rule over women and therefore batter their wives and sometimes even their children. We have to provide ways to help women. Battered women’s shelters are provided but there are not that many. Women do have potions under the law. Criminal law is the most popular remedy for battered women. This remedy always involves the state or state vs. someone and proves beyond a reasonable doubt. The second remedy is Civil law where the burden of proof is the highest. This involves private individuals, or an individual and some branch of government. The continuing of violence is dangerous to women especially the first 72 hours after she leaves. Statute 16-25-20 states if there is an injury a police officer must arrest but if only fear is involved police have discretion. Self-defense is another aspect of domestic violence. What if she decides, no more beatings and kills him. Has he drove her to insanity or should she control her anger and just leave after so many times of asking him to stop? What if she does control her anger and he kills her for leaving? These are questions that must be addressed in helping battered women.