TYPES AND DYNAMICS OF DOMESTIC VIOLENCE

While domestic violence can manifest in a variety of manners and severity, the CDC (2019b) 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 for the victim. This concern may be for the safety of the victim or 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, 2018).

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

  • Domestic violence is defined as “physical injury, stalking, sexual abuse, or assault that occurs between family members (spouses, ex-spouses, parents/stepparents, children/stepchildren, grandparents, grandchildren) or members of an unmarried couple (people who live or have lived together or have a child in common).”
  • Dating violence is defined as “ physical injury, stalking, sexual abuse, or assault that occurs between people who are in or have been in a dating relationship (a relationship of a romantic or intimate nature).”

A victim of such violence is defined by KRS Chapter 209A 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)” (KCADV, 2017c).

FINANCIAL ABUSE

Although the CDC does not list financial abuse as a separate form of domestic violence, this crime is frequently implemented by an abuser in an attempt to control and exert power over an intimate partner. The Kentucky Coalition against Domestic Violence describes financial abuse as one of the least known types of abuse and 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, hiding assets, incurring debt, ruining a person’s credit, or interfering with a person’s employment or education (KCADV, 2017d).

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 physical violence includes 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 more specifically to include “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.” Coercing another person to commit any of those acts also constitutes physical violence (Breiding, 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, 510.050, and 510.060 describe the crime of rape, 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 a young age.

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 (2016) identifies several types of unwanted stalking behaviors that would cause a reasonable person to experience fear. Examples of behaviors that are experienced by stalking victims include.

  • 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

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 misdemeanor of 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:

  • Send the person one clear, written warning not to contact you again.
  • If they contact you again after you have told them not to, do not respond.
  • Print out copies of evidence, such as emails or screenshots of your phone. Keep a record of the stalking and any contact with police.
  • 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.
  • Consider blocking messages from the harasser.
  • Change your email address or screen name.
  • 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).
    (DHHS, 2018)