TYPES AND DYNAMICS OF DOMESTIC VIOLENCE

While domestic violence can manifest in a variety of manners and severity, the CDC (2022b) has identified four types of domestic violence (or intimate partner violence). These may occur separately or together.

  • Physical violence: An attempt to injure or actually injuring a partner by kicking, hitting, or using a type of physical force
  • Sexual violence: An attempt to force a partner or actually forcing a partner to participate in any type of sex act or sexual event when the partner does not or cannot consent to the act or event
  • Stalking: Repeated and undesired attention or contact from a partner that results in fear or concern in the victim for their own safety or the safety of someone to whom the victim feels close
  • Psychological harm or aggression: The use of any type of communication that is intended to cause psychological (emotional) harm to a person or to exercise control over that person

These types of violence are perpetrated by a current or former partner or spouse and can occur among couples of all genders. The definition of intimate partner violence does not require sexual intimacy (CDC, 2021).

Kentucky statutes distinguish between domestic violence and dating violence and abuse. The acts that comprise the two classifications of violence are the same, but the relationship between the involved persons is different.

  • Domestic violence and abuse is defined in KRS 403.720 as “physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple.”
  • “Dating violence and abuse” is defined in KRS 456.010 as “physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between persons who are or have been in a dating relationship.”

Both domestic violence and dating violence in Kentucky include “the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge.”

A victim of such violence is defined by KRS Chapter 209A.020 as “an individual who is or has been abused by a spouse or former spouse or an intimate partner [people who live or have lived together, or have a child in common, or are or have been in a dating relationship].”

FINANCIAL ABUSE

Financial or economic abuse is frequently perpetrated by an abuser in an attempt to control and exert power over an intimate partner. The U.S. Department of Justice’s Office on Violence Against Women describes this as one of the most powerful impediments to leaving an abusive relationship. Financial abuse can take many forms, such as not allowing a person full access to bank accounts, defaulting on financial obligations, or unfairly using a person’s economic resources (OVW, 2023a).

Research indicates that domestic violence occurs in a three-phase cycle:

  1. A period of increasing tension, leading to verbal and physical abuse
  2. An acute battering incident
  3. A “honeymoon” period of calm and remorse in which the abuser is kind and loving and begs for forgiveness

When stress and conflict begin to build, the cruel cycle begins again. Over time, the first two phases grow longer and the honeymoon phase diminishes (Walker, 2017).

Physical Violence

The Kentucky definition of domestic violence and abuse includes physical violence, such as sexual abuse, physical injury, serious physical injury, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, strangulation, or assault between family members or members of an unmarried couple (KRS 403.715 to 403.785).

The CDC defines physical violence as “the intentional use of physical force with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to: scratching, pushing, shoving, throwing, grabbing, biting, choking, shaking, hair-pulling, slapping, punching, hitting, burning, use of a weapon (gun, knife, or other object), and use of restraints or one’s body, size, or strength against another person. Physical violence also includes coercing other people to commit any of the above acts” (Breiding et al., 2015).

Sexual Violence

There are five categories of sexual violence as identified by the CDC. These include:

  • Rape or penetration of the victim. This includes attempted rape or penetration that is drug-facilitated or forced.
  • Forcing the victim to penetrate another person. This act also includes alcohol- or drug-facilitated incidents.
  • Unwanted penetration of the victim by the use of nonphysical methods such as verbal pressure or abuse of authority.
  • Unwanted sexual contact in which the perpetrator touches the victim or forces the victim to touch the perpetrator either directly or through the clothing without the victim’s consent. The areas of the body involved in the definition include genitalia, buttocks, anus, groin, inner thigh, and breast.
  • Unwanted noncontact sexual experiences, such as exposure to pornography, sexual harassment, filming or photography, and threats of sexual violence.
    (Breiding et al., 2015)

Kentucky statutes 510.040 describes the crime of rape in the first degree, in which a person engages in sexual intercourse with another person by forcible compulsion or engages in sexual intercourse with another person who is incapable of consent due to being physically helpless, of poor mental capacity, or is under 12 years of age.

Kentucky statute 510.050 defines rape in the second degree as when a person engages in sexual intercourse with a person under the age of 14 or with a person who is mentally incapacitated.

Kentucky Statute 510.060 defines rape in the third degree as when a person engages in sexual intercourse with another person who is “mentally retarded” or if a person who is age 21 or older engages in sexual intercourse with someone who is under the age of 16, or if the 21-year-old engages with anyone under the age of 18 for whom they provide foster care, or if they are in a position of authority and engage in intercourse with a minor under 16 years of age who is subject to their authority.

Kentucky statute 510.110 describes the crime of sexual abuse, in which a person subjects another person to sexual contact by forcible compulsion, including those who are incapable of consent due to being physically helpless, of poor mental capacity, or a young age.

Psychological Aggression

Psychological aggression is defined by the CDC as “the use of verbal and nonverbal communication with the intent to harm another person mentally or emotionally, and/or to exert control over another person” (Breiding et al., 2015). This form of abuse may include name-calling, humiliation, and control over finances, transportation, and access to family and friends.

It may also include reproductive coercion, such as deliberately exposing a partner to sexually transmitted infections (STIs); attempting to impregnate a partner against her will (by damaging condoms or throwing away birth control pills, also called birth control sabotage); threats or acts of violence if the partner does not comply with the perpetrator’s wishes concerning the decision to terminate or continue a pregnancy; as well as threats or acts of violence if the partner refuses to have sex.

Psychological aggressors may exploit vulnerabilities of the victim, such as immigration status or disabilities, or present false information to the victim with the intent of causing victims to doubt their memories or perceptions.

Stalking and Cyberstalking

The U.S. Department of Justice Office on Violence Against Women (2023b) identifies several types of unwanted stalking behaviors that would cause a reasonable person to experience fear for personal safety or the safety of others or to suffer emotional distress.

Identified behaviors that are experienced by stalking victims include the major categories of surveillance, life invasion intimidation, and interference (SLII):

  • Receiving unwanted phone calls
  • Receiving unsolicited or unwanted letters or emails
  • Being followed or spied on
  • Having the stalker show up at places without a legitimate reason
  • Having the stalker wait at places for the victim
  • Receiving unwanted items, presents, or flowers
  • Having information or rumors about the victim posted on the Internet, in a public place, or by word of mouth
  • Planting a tracking device
  • Monitoring online activity
  • Contacting family or friends
  • Accessing social media or online financial accounts
    (SPARC, 2023)

Although these acts individually may not be criminal, collectively and repetitively they may cause a victim to fear for their safety or the safety of a family member.

In Kentucky, KRS 508.130 defines stalking as engaging in an intentional course of conduct that:

  1. Is directed at a specific person or persons
  2. Seriously alarms, annoys, intimidates, or harasses the person or persons
  3. Serves no legitimate purpose
  4. Would cause a reasonable person to suffer substantial mental distress

According to Kentucky statute 508.140, a person is guilty of the felony of stalking in the first degree who intentionally:

  1. Stalks another person; and
  2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
    1. Sexual contact as defined in KRS 510.010;
    2. Serious physical injury; or
    3. Death; and
  3. A protective order has been issued by the court to protect the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or
  4. A criminal complaint that is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or
  5. The defendant has been convicted of or pled guilty within the previous five years to a felony or to a Class A misdemeanor against the same victim or victims; or
  6. The act or acts were committed while the defendant had a deadly weapon on or about their person.

According to Kentucky statute 508.150, a person is guilty of the stalking in the second degree who intentionally:

  1. Stalks another person; and
  2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
    1. Sexual contact as defined in KRS 510.010;
    2. Serious physical injury; or
    3. Death.
RESPONDING TO CYBERSTALKING

Recommended actions for victims of cyberstalking include:

  • Create strong passwords and log out every time from email and social media.
  • Keep track of devices and do not leave a cell phone or laptop unattended.
  • Use caution when accessing public Wi-Fi.
  • Do not accept friend requests from strangers.
  • Consider using a separate email address for online activity.
  • Send the person one clear, written warning not to contact you again.
  • If the person contacts you again after you have told them not to, do not respond.
  • Block the person.
  • Change your email addresses and screen names.
  • Change your passwords.
  • Suspend your online accounts.
  • Get your devices checked for tracking devices.
  • Save any evidence, such as emails or screenshots of your phone, and make copies.
  • Keep a record of the stalking and any contact with police.
  • Consider hiring an attorney.
  • Report the stalker to the authority in charge of the site or service where the stalker contacted you. For example, if someone is stalking you through Facebook, report them to Facebook.
  • If the stalking continues, get help from the police. You also can contact a domestic violence shelter and the National Center for Victims of Crime Helpline for support and suggestions.
  • Never post online profiles or messages with details that someone could use to identify or locate you (such as your age, sex, address, workplace, phone number, school, or places you often visit).
    (Gordon, 2023)