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Murdoch University Electronic Journal of Law |
The Second Closet: Domestic Violence in Lesbian and Gay Relationships: A Western Australian Perspective
Author: | Lee Vickers |
Issue: | Volume 3, Number 4 (December 1996) |
INTRODUCTION
In February 1994, Robert McEwan was arrested in Perth, Western Australia, and charged with the wilful murder of his same-sex partner of fourteen years. McEwan's partner died from multiple stab wounds. McEwan pleaded not guilty, basing his defence on th e "battered wife syndrome" and provocation.
McEwan claimed that he had been "dominated and abused physically, sexually, and emotionally" by his partner for several years.[1] The jury was unable to reach a verdict and the matter was referred back to the Director of Public Prosecutions (DPP) who, in February 1996, decided not to proceed with the wilful murder charge. The DPP accepted the defences as pleaded and a plea of guilty to the lesser charge of manslaughter was recorded.[2] The case is belie ved to be the first in Australia to successfully rely on the "battered wife (spouse) syndrome" in a same sex relationship. Whilst media attention on the case has focussed exclusively on the use of the "battered wife syndrome", and has produced 'titillat ing' mainstream media headlines like "Gay Killer was Battered Wife"[3], the case importantly draws attention to the little discussed problem of domestic or intimate violence in same sex relationships.
Although there has been an increased focus in recent years on domestic violence, such efforts have been predominantly directed to heterosexual relationships, specifically to the needs of women escaping violent male partners. While it is acknowledged th at women in heterosexual relationships comprise by far the majority of victims of domestic violence, the discourse on domestic violence in Australia seem to assume that domestic violence is a phenomenon peculiar to the heterosexual community. The absence of any reference to same sex domestic violence is evident, for example, in the recent publication of the Crime Research Centre of WA, "Measuring the Extent of Domestic Violence"[4].
The silence that encapsulates same sex domestic violence is a central theme of this paper.
It is not my intention to examine theories of causation, rather, the focus is on the issues relevant to acknowledging and addressing the problem of same sex domestic violence, both generally and within the context of the Perth community.
In Part I of the paper, Recognition of Same Sex Domestic Violence, I define the problem of same sex domestic violence and briefly examine the manifestations, myths and stereotypes, and prevalence, of domestic violence within the context of same sex relationships.
Part II, Issues in Responding to Same Sex Domestic Violence, canvasses the major issues which need to be addressed when considering how to appropriately respond to same sex domestic violence. This part includes a discussion of the reluctance of the les bian and gay community[5] to acknowledge the problem and the role of heterosexism and homophobia[6] in maintaining their silence, the role and attitudes of the police and courts, and the availability, suitab ility and accessibility of support services for lesbian and gay victims of domestic violence.[7]
I. RECOGNITION OF SAME SEX DOMESTIC VIOLENCE
A. What is Same Sex Domestic Violence?
Domestic violence in all intimate relationships is essentially about power and control, irrespective of the label attached to describe the relationship. Lundy[10] provides a generic definition of domestic violence, describing it in the following way: Domestic violence, whether heterosexual or homosexual, is nothing less than the systematic exercise of illegitimate power and coercive control by one partner over another. The ingredients of Lundy's definition are also evident i n definitions of lesbian and gay domestic violence. Hart[11] defines lesbian battering as: That pattern of violent and coercive behaviours whereby a lesbian seeks to control the thoughts, beliefs, or conduct of her intimate part ner or to punish the intimate for resisting the perpetrator's control over her.
Within the context of gay male domestic violence, Island & Letellier[12] define gay male domestic violence as: Any unwanted physical force, psychological abuse, material or property damage inflicted by one man on another. Th e forms that domestic violence may take in all intimate relationships include physical abuse, isolation, psychological and emotional abuse, threats and intimidation, sexual abuse, economic abuse, and property destruction.[13] Th ere are additionally forms of abuse which are unique to lesbian and gay relationships - abuses which arise as a direct result of the heterosexist and homophobic nature of society. Partners who abuse often use homophobia and heterosexism as a weapon of con trol over their partner in a variety of ways:[14]
B. Myths and Stereotypes
As a heterosexual feminist with an interest in the operation and effects of patriarchy, violence against women by their male partners has been and remains a central concern to me. Lesbian and gay domestic violence has not been an issue which I have con sidered previously in any depth and it is generally the case that same sex domestic violence is not a subject often discussed in feminist domestic violence discourse.
My initial response prior to researching the literature on same sex domestic violence demonstrates some of the preconceived myths which surround the issue. In relation to gay male domestic violence my view was that it would not be surprising to find a significant incidence of domestic violence - after all, men are encouraged to conform to the heterosexual, stereotypical definition of masculinity which venerates aggression and dominance as desirable 'male' characteristics. That men are violent and contr olling in relation to their male partners is understandable given internalised norms of 'appropriate' male behaviour. Internalised homophobia can also result in these norms being further amplified in gay male relationships in an attempt to be accepted as more 'male'.[15]
The above view, which I think is certainly not atypical, is clearly refuted by the literature.
There are indeed many widely held myths which serve to keep the problem of same sex domestic violence closeted. In summary, the more enduring myths which need to be dispelled are as follows:[16]
These myths must be exposed and challenged in order to acknowledge and begin to address the problem of same sex domestic violence.
C. Prevalence
There has been considerable research into the incidence of domestic violence in heterosexual relationships. Estimates vary depending on definitional and methodological factors, however, most estimates tend to fall within a range of 20-35%.[19]
II. ISSUES IN RESPONDING TO SAME SEX DOMESTIC VIOLENCE
A. The Wall of Silence
The silence surrounding the issue of same sex domestic violence is pervasive. The subject remains largely a taboo subject within lesbian and gay communities. Denial of the problem maintains the silence of victims and effectively condones the violence b y allowing it to continue.
Two of the more important factors which account for this silence are: [27] The 'Private' Realm of Intimate Relationships Into Which No One or Thing Should Intrude. Intimate personal relationships have long been regarded as maintaining a special 'private' status, out of reach of state regulation. 'What adults do in the privacy of their own home is their own business and no-one else's', is a principle held in high esteem in our society, at least in relation to heterosexual co uples.
Indeed the 'privacy' principle has been a major obstacle in effectively addressing heterosexual domestic violence in terms of disclosure and official responses. The police, for example, have historically shown a great reluctance to interfere in the sa cred patriarchal domain of personal (heterosexual) relationships.
Interestingly, 'privacy' arguments have frequently been relied on in efforts seeking to advance the rights of lesbians and gay men, by claiming that sexuality is a personal, private issue which the state has no business regulating.[28] Arguably, such an approach leaves untouched institutionalised homophobia and heterosexism and may serve to inhibit open discussion of same sex abuse.[29] There is a very real danger that adherence to the 'privacy' prin ciple might insulate same sex abuse from community scrutiny. It is not uncommon, for example, to hear the view expressed from within the lesbian and gay community that domestic violence between lesbian and gay couples is a 'private' matter.[30] Reliance on 'privacy' arguments can therefore be seen to have an unintended negative outcome in terms of reinforcing the silence surrounding same sex domestic violence.
The Silencing Effects of a Heterosexist and Homophobic Society
(a) Acknowledgment by the Lesbian and Gay Community
In the gay male community, unlike in the lesbian community, there is little controversy about the issue of domestic violence because there is almost no discussion of it.[38]
(b) Silencing of Victims
Homophobia and heterosexism also prevents individual survivors from disclosing the violence or seeking help. This manifests in a number of ways, which apply both to lesbians and gay men. However, most of the literature focuses on lesbian domestic viole nce, which is consistent with my comments above on the greater silence displayed by gay men.
A party who is abused may:
B. The Criminal Justice System
The criminal justice system has offered little assistance to lesbian and gay victims of domestic violence.[48]
Police Attitudes
The reluctance of the police to intervene in 'private domestics' has been well documented by the women's domestic violence movement. Add homosexuality, heterosexism, and homophobia to the equation and police reluctance to intervene escalates.
In some respects this is not surprising when it is considered that in some jurisdictions laws outlawing sodomy are still on the statute books and the police are obliged to enforce the law. Thus, the problem of police attitudes extends much further than individual police. At the heart of the problem is institutionalised homophobia and heterosexism.
Gay and lesbian victims of domestic violence cite a range of reasons why they are reluctant to enlist police support:
"My opinion of the police is the same as most other gay men. I'd never have gone to them in a million years. They treat gay violence as a huge joke."[53]
The Courts
Courts are problematic at the outset for lesbians or gay men who do not wish to expose their sexual orientation. Perhaps more gay men and lesbians would utilise the court system if domestic violence remained a private matter to be dealt with by the Fam ily Court, rather than by an open court. There are of course counter arguments which view as problematic an approach which emphasises the idea that domestic violence is a 'private' matter between the parties. Indeed the thrust of the domestic violence mov ement has been to move the issue from a private relationship context to one in which domestic violence is recognised by the legal system as a criminal assault.
There are many who consider that it is dangerous and inappropriate for gay and lesbian victims of domestic to engage the assistance of a heterosexist and homophobic institution like the courts. Others argue that the courts are an option on which lesbi ans and gay men have a right to rely and they should be able to do so free from homophobic attitudes and heterosexist assumptions about the nature of gay and lesbian relationships, and domestic violence.
It is widely reported that gay men and lesbians are often subject to outrageous treatment by many levels of the court system.[62]
C. Support Services
Support services or programs specifically addressing same sex domestic violence are limited. Only a handful of cities in the U.S., for example, house such programs or services.[68] Denial by lesbian and gay communities and a l ack of political muscle and resources, particularly in centres housing relatively small gay and lesbian populations, contribute to the sparsity of supportive programs. Lesbian survivors of domestic violence may be able to seek the assistance and support of general domestic violence programs, however, these services can be unwelcoming of lesbians, homophobic, or insensitive to the needs of lesbians.[69]
Despite the shortcomings of existing shelters, they are still a resource which gay male victims of domestic violence do not have access to. The options available to gay male victims are grossly inadequate.[77] Shelters for gay men have been slow to emerge and reliance on male crisis accommodation raises issues of safety as well as suitability to deal with gay domestic violence.[78]
III. RESPONSES TO SAME SEX DOMESTIC VIOLENCE IN PERTH
A. Community Awareness
It is evident that the recognition and acknowledgment of the issue is extremely limited, both within and outside the gay and lesbian community.
1. The Lesbian and Gay Community
The relatively small lesbian and gay population in Perth is a factor which contributes to the lack of acknowledgment of domestic violence. Population size impacts on the level of available resources, political organisation and power, and service provis ion, all of which are important elements in recognising, acknowledging, and addressing a vast range of issues facing the lesbian and gay community, including domestic violence.
However, putting the issue of population and resource implications to one side, an important question is to what extent the lesbian and gay community in Perth is willing to accept that domestic violence is an issue that needs to be addressed?
There has, to my knowledge, been only one 'organised' attempt to engage the lesbian and gay community in Perth specifically on the issue of domestic violence.
A small group of lesbian and gay workers already working in areas relating to domestic violence and sexual assault formed the 'Outing Sexual Assault and Domestic Violence' (OSADV) group in 1994. The group's aim was to work towards the reduction of all forms of violence in the lesbian and gay communities. Part of their campaign was to raise awareness of sexual assault and domestic violence within the lesbian and gay communities and to encourage those affected by domestic violence and sexual assault to s eek assistance. There had been a concern at that time regarding the low proportion of lesbians and gay men who utilised the counselling services provided by the 'Sexual Assault Referral Centre' (SARC).
The OSADV group's activities included the production of stickers, training of counsellors from the 'Gay and Lesbian Counselling Service' (GLCS) on same sex domestic violence and sexual assault, a fund raiser dance and a public meeting to discuss the p roblem. Gay and lesbian media (West Side Observer, Hot Gossip, Grapevine) also ran articles produced as part of OSADV's campaign.[79]
It is interesting to note that an examination of gay and lesbian media publications[81] reveals an absence of coverage of domestic violence, other than the articles generated by OSADV during their short campaign and the recent coverage of the battered spouse syndrome in the McEwan case.
Further, it is arguable that the gay male community in Perth 'don't want to know' even more than the lesbian community. There are several lesbians who are active in the domestic violence movement in Perth who were instrumental in the OSADV group and wh o maintain a commitment to lesbian victims of domestic violence. However, there is not an equivalent interest in gay male domestic violence.
Discussions held with members of OSADV and GLCS revealed the following reasons to explain the reluctance of the lesbian and gay community in Perth to acknowledge domestic violence:
2. The Wider Community
Discussions held with organisations maintaining an involvement in domestic violence issues indicated a general acknowledgment that domestic violence in lesbian and gay relationships occurs, but no particular focus was placed on, or resources directed t o, domestic violence in that context.[82]
B. Avenues of Assistance
1. The Legal Position
Western Australia does not have specific protective domestic violence legislation. Person who are assaulted or harassed by their partner must rely on existing general provisions under the Criminal Code(WA), the Family Law Act(Cth), and the Justices Act (WA).
Of the available provisions, restraining orders[83] and arrest for assault and/or stalking[84] are not limited on the basis of sexual orientation and so technically, these remedies are available to h omosexuals as well as heterosexuals. However, non molestation provisions under the Family Law Act[85] appear not to be available to lesbians and gay men because such orders relate only to 'legal' marriage.
2. The Police
There is a minimal focus by the police in WA on domestic violence within a lesbian and gay context.
The WA Police Force funds a Domestic Violence Unit with three officers. One of the functions of the Unit is to arrange and conduct training for officers on domestic violence. There is no particular focus on gay and lesbian relationships other than a cu rsory reference to the fact that domestic violence occurs irrespective of race, class or sexuality. The training is not extensive - new recruits receive about one hour training on domestic violence and current officers receive anywhere between two hours t o a day. Furthermore, domestic violence training is not compulsory and is dependent on the priorities and approach taken by the Regional Training Officer for each district who is responsible for the training needs of their district.
Police Officers are required to complete a 'family incident report' in domestic violence situations, and this form has included for the past 12 months, a category indicating whether the relationship is gay or lesbian. However, as yet, police data servi ces have not collated and produced any print out on the incidence of lesbian or gay domestic violence. In any event, incidence statistics will under represent the true extent of the problem due firstly to the reluctance of lesbians and gays to report to t he police, secondly the failure of officers to complete the incident forms, and thirdly because of a failure by police to recognise and identify the situation as one of domestic violence.
The WA Police Force has no official gay/lesbian liaison officers, unlike their Sydney counterparts. Such a role has unofficially been attached to the position of Superintendent in Charge of the Community Services Command in Cannington. His role has bee n basically to provide a focus for any concerns raised by the gay and lesbian communities. Domestic violence, however, is not, to date, an issue which has often been raised.[86]
There has been no research done in WA detailing the attitudes and practices of the police toward lesbians and gay men. However, my discussions with GLCS and a perusal of the West Side Observer indicates that lesbians and gay men are reluctant to seek t he assistance of the police generally because of widespread homophobia in the Force.
3. The Courts
Data from the courts on the incidence of gay and lesbian restraining orders or non molestation applications, 'domestic' related assault, or 'stalking' incidents, is not available.
In relation to restraining orders, the level of understanding of domestic violence varies enormously amongst Perth Magistrates.[88] It was also suggested that some Magistrates consider restraining order applications as a burde n on the court preventing more important matters from being dealt with.[89] The addition of homophobic and heterosexist judicial attitudes to the equation ensures a service 'unfriendly' to lesbian and gay victims of domestic viol ence.
4. Support Services
(a) Shelters
The majority of refuges do not make any special provisions for lesbians and generally locate domestic violence within a heterosexual context. There is also some evidence within the women's refuge movement of a move away from a broader, feminist perspec tive to a more narrow, service delivery approach, which focuses on the day to day problems of running a refuge. Such a trend is unlikely to be conducive to the consideration of lesbian domestic violence issues.
There is little doubt that those refuges with lesbian workers provide a service which appears more responsive to the needs of lesbians. Approximately three years ago, a survey of women's refuges was conducted to ascertain how comfortable they were abou t taking lesbian residents. Only three out of the twelve surveyed indicated that they felt comfortable about accepting lesbians into the refuge.[90]
For gay men, there are several crisis accommodation services but none of these focus on domestic violence issues.
A.C.R.A.H. is one which reports that gay men escaping domestic violence have used the service. The Co-ordinator indicated that gay men are sometimes referred to the agency probably because A.C.R.A.H. was "more open and non judgmental", which translates to less homophobic. The presence of gay male workers adds further to the accessibility of the service to gay men.
Accommodation is provided for men over twenty five who present with a range of problems, the most frequent being mental illness and drug and alcohol dependency. Support and counselling are provided although the agency does not have specific expertise i n the area of domestic violence. There have, however, been some instances where staff have assisted gay men in seeking restraining orders.
(b) Counselling and Support Services
General Counselling Services
There exists in Perth some generic counselling services which provide domestic violence counselling to victims and/or abusers, for example Women's' Health Care House, Relationships Australia and SARC.
These services indicated that lesbians and gay men infrequently sought their assistance in relation to domestic violence. Indeed, the small numbers of lesbians and gay men seeking counselling at SARC prompted the formation of the OSADV group discussed above. It is also of note that SARC is the only general service which refers in its educational literature to the fact that assault occurs in same sex relationships as well as heterosexual relationships. The other general counselling services do not prec lude lesbians and gay men but they do not make any direct efforts to include them.
With respect to private counsellors, there are two which advertise in the Perth Lesbian and Gay Business Directory, Q pages, as well as in local gay and lesbian papers. Both advised me that they 'very occasionally' counselled lesbians or gay men invol ved in abusive relationships.
Gay and lesbian Counselling Services
The Gay and Lesbian Counselling Service (GLCS) is the only gay/lesbian service which provides counselling and support in relation to same sex domestic violence. GLCS relies on volunteer counsellors who provide a phone counselling, information and refer ral service for lesbians and gay men on a range of issues, including domestic violence. Counsellors receive training in a variety of areas, including domestic violence.
Statistics kept on the nature of calls reveals a fairly small number identified as 'sexual assault/abuse/domestic violence' (Eleven calls for the period January-March 1996). However, the figures are misleading and do not take account of callers who ide ntify their problem as 'relationship difficulties' or 'alcohol/drug related' rather than one of abuse or assault. This is not surprising given the denial in the lesbian and gay communities that domestic violence is a problem.
A counsellor I spoke with who had worked for several years with GLCS supported this view:
In the seven years that I have been with GLCS, domestic or intimate violence hasn't come up very often. There is a reluctance to discuss the issue and a general lack of reporting, even to GLCS.
The WA AIDS Council and Men's Health Centre do not focus on domestic violence issues.
CONCLUSION
In order to effectively address the issue of same sex domestic violence, the silence surrounding this issue must be confronted. Denial within the lesbian and gay community must be overcome. Further, homophobia and heterosexism must be challenged at all levels of response. As Bricker explains:
There is virtually no area, from victim emergency services to police and judicial responses to the batterer, where homophobic attitudes do not colour the way same sex intimate violence is treated.[91]
Pressure must be placed on legal and non legal organisations dealing with domestic violence to eliminate homophobic attitudes and heterosexist assumptions, thereby providing services responsive to the needs of lesbians and gay victims of domestic vio lence.
The bottom line, however, is that until and unless the lesbian and gay community acknowledges the existence of domestic violence in same sex relationships, and indicates a commitment to ensuring victims are adequately supported, progress is unlikely. I n Perth, to date, that acknowledgment and commitment has been inadequately demonstrated.
NOTES
[1] Gibson, R. 'Gay Killer was "Battered Wife" ', The West Australian, February 8, 1996, at 11.
[2] id.
[3] id. See also the recent headline in a stalking case involving a lesbian relationship: 'Lesbian Stalked Me, Claims Former Lover', The West Australian, May 14, 1996, at 5.
[4] Ferrante, A., Morgan, F., Indermaur, D. & R Harding. Measuring the Extent of Domestic Violence, Hawkins Press, 1996.
[5] It is assumed for the purposes of this paper that there is such an entity as 'gay and lesbian community' or 'communities'. It is acknowledged that 'gay and lesbian community' is an ambiguous concept, however, a discussion o f the meaning of 'community' is outside the scope of this paper.
[6] Heterosexism is defined as "the pervasive cultural presumption and prescription of heterosexual relationships - and the corresponding silencing and condemnation of homosexual erotic, familial and communitarian relationship s": Law, S. 'Homosexuality and the Social Meaning of Gender', (1988) Wisconsin Law Review 187. Homophobia is defined as a fear, dread or hatred of homosexuals': Pharr, S. in Lobel, K. (Ed). Naming the Violence: Speaking Out About Lesbian Battering, Sea l Press, Seattle, 1986, at 206.
[7] Whilst I use the term 'victim' throughout this paper it is not intended to convey or reinforce the view that persons who are on the receiving end of violence by a partner are relegated to the general status of 'victim' and thus disempowered.
[8] The material in Part 3 was compiled from discussions held with individuals from organisations with some interest or relevance to same sex domestic violence. See bibliography for a complete list of interviewees.
[9] The term 'battered' features prominently in the U.S. literature. I will use the term interchangeably with: 'survivors', 'abused person', and 'victim'. Similarly, 'batterer' is used interchangeably with 'abuser'.
Before proceeding, it should be acknowledged that I write as a heterosexual woman on this issue. I am aware that some may view this as problematic. From my own point of view, I concede to being initially ambivalent about writing the paper. On the one h and I feel that domestic violence is an issue that needs to be openly discussed. On the other hand, I question the appropriateness of writing for 'the other' on this issue. Ultimately, I have dedided that same sex domestic violence remains a neglected is sue in this state and that a discussion of the issues will raise awareness and generate debate. My intention is not to write 'for' anyone, but to stimulate discussion by drawing on the current literature and discussions with agencies possessing a working knowledge of the issues. The reader is invited to take or reject what is offered.
[10] Lundy, S. 'Abuse That dare Not Speak Its Name: Assisting Victims of Lesbian and Gay Domestic Violence in Massachusetts', Symposium on Domestic Violence, (Winter 1993) 28 New England Law Review 275.
[11] In Naming the Violence, n 6, supra, at 173.
[12] Island, D. & P Letellier. Men Who Beat the Men Who Love Them: Battered Gay Men and Domestic Violence, Harrington Park Press, New York, 1991, at 27.
[13] Cook, H. 'Hitting Close to Home: Domestic Violence in the Gay and Lesbian Community', Gay and Lesbian Times Interactive (San Diego), 1995, at 9.
[14] Lundy, n 10, supra, at 282-4; Hart, B. In Naming the Violence, n 6, supra, at 173, 179, 189; Men Who Beat the Men Who Love Them, n 12, supra, at 49-52.
[15] See generally Kendall, C. '"Real Dominant, Real Fun!": Gay Male Pornography and the Pursuit of Masculinity', (1993) 57 Saskatchewan Law Review 21, at 47-52.
[16] These myths represent those most commonly referred to in the literature. See for example Island & Letellier, n 12, supra, at 15-24.
[17] Island, I. & P. Letellier. 'The Scourge of Domestic Violence', Gay Book # 9, San Fransisco, CA, Rainbow Ventures Inc, Winter 1990, at 14.
[18] The term 'batterer' is used extensively in the American literature. I use this term interchangeably with 'abuser' but stress that 'batterer' should not be taken to refer only to acts of physical abuse. Threats and emotio nal abuse are also encompassed in the definition of 'batterer'.
[19] Lundy, n 10, supra, at 277.
[20] Id; Island & Letellier, n 17, supra, at 11; Szymanski, M. 'Battered Husbands: Domestic Violence in Gay Relationships', Genre Magazine, Fall 1991, at 36-7; Renzetti, C. 'Building a Second Closet: Third Party Responses to Victims of Lesbian Partner Abuse', (April 1989) 38 Family Relations 157.
[21] Island & Letellier, n 17, supra, at 11.
[22] Island & Letellier, n 12, supra, at 283.
[23] Island & Letellier, n 17, supra, at 11.
[24] Gwat-Yong Lie & S. Gentlewarrier. 'Intimate Violence in Lesbian Relationships: Discussion of Survey Findings and Practice Implications', (1991) 15 Journal of Social Service Research 46, The Haworth Press.
[25] Ristock, J. 'And Justice for All?...The Social Context of Legal Responses to Abuse in Lesbian Relationships', (1994) 7 Canadian Journal of Women and the Law 420.
[26] This issue will be discussed further in Part II.
[27] These two factors are of course in addition to the more general reasons why victims of domestic violence, irrespective of sexual orientation, do not disclose the violence or seek assistance, for example low self esteem, fear of reprisals, economic dependency, feeling responsible for the violence and so on. See generally Island & Letellier, n 12, supra, at 93-98.
[28] For example, the 'privacy' argument was relied on in challenging the Georgia statute criminalizing sodomy, in Bowers v Hardwick 478 U.S. 186 (1986)
[29] Ristock, n 25, supra, at 419.
[30] See for example 'Hitting Close to Home', n 13, supra, at 6.
[31] On homophobia and discrimination as a form of silencing, see Kendall, C. & B. Eyolfson, 'One in Ten But Who's Counting?: Lesbians, Gay Men and Employment Equity', (1995) 27(2) Ottawa Law Review 281, particularly at 301 -306; Lahey, K.A. 'On Silences, Screams, and Scholarship: An Introduction to Feminist Legal Theory' in Devlin, R.F. Canadian Perspectives in Legal Theory, Toronto, Edmond Montgomery, 1991; Matsuda, M.J. 'Public Responses to Racist Speech; Considering the Victim's Story', (1989) 87 Michigan Law Review 2320.
[32] See n 13, at 6; Benowitz, M . 'How Homophobia Affects Lesbians' response to Violence in Lesbian Relationships', in Naming the Violence, n 6, supra, at 198-201; Battered Husbands; Taylor, J. & T. Chandler. Lesbians Talk V iolent Relationships, Scarlet Press, London, 1995, at 53-57; Island & Letellier, n 12, supra, at 36-38; Morrow, S. & D. Hawxhurst. 'Lesbian Partner Abuse: Implications for Therapists', (September/October 1989) 68 Journal of Counseling & Development 58; A Step to Visibility, Sydney Star Observer, November 3, 1994; Robson, R. 'Lavender Bruises: Intra-Lesbian Violence, Law and Lesbian Legal Theory', (1990) 20 Golden Gate University Law Review 580-81; Lundy, n 10, supra, at 286.
[33] Benowitz, ibid, at 199.
[34] id, and see also Morrow, & Hawxhurst, n 32, supra, at 58; Snow, K. 'The Violence at Home', The Advocate (L.A.), June 4, 1992, at 60; Coleman, V. 'The Relationship Between Personality and the Perpetration of Violence', Internet, Abstracted from Violence and Victims, Vol. 9, No. 2, 1994, Springer Publishing Company, at 1; Lundy, n 10, supra, at 286; Taylor & Chandler, n 32, supra, at 54.
[35] Benowitz, n 32, supra, at 199.
[36] ibid, at 200; Ristock, n 25, supra, at 419. The AIDS virus is also an example where negative publicity has been used as a weapon against homosexuals, see Szymanski, n 20, supra, at 19.
[37] Lundy, n 10, supra, at 282.
[38] id.
[39] For example the Melbourne Lesbian Violence Action Group and the Hobart Coalition Against Sexual Assault and Domestic Violence.
[40] Swift, M. 'A Step to Visibility', Sydney Star Observer, November 2, 1994.
[41] See Lundy, above n 10, supra, at 282.
[42] id.
[43] 'Battered Lovers - The Hidden Problem of Gay Domestic Violence', The Advocate(LA), March 4, 1986, at 43. It would seem that gay men, in dealing with domestic violence, would benefit considerably from an injection of fem inism.
[44] Benowitz, n 32, supra, at 200.
[45] Taylor & Chandler, n 32, supra, at 54.
[46] On the issue of whether solutions to same sex domestic violence should be sought outside or within the lesbian/gay community, see Robson, n 32, supra.
[47] Benowitz, n 32, supra, at 200; and Cook, n 13, supra, at 7.
[48] Snow, n 34, supra, at 62.
[49] Ristock, n 25, supra, at 422, reports that 82% of lesbians surveyed did not contact the police. See also Nealson, P. 'Gays, Lesbians Also Feel Domestic Violence', The Boston Globe, June 1, 1992, at 15.
[50] Snow, n 34, supra, at 62.
[51] Lundy, n 10, supra, at 273.
[52] Bricker, D. 'Fatal Defense: An Analysis of Battered Woman's Syndrome Expert Testimony For Gay Men and Lesbians Who Kill Abusive Partners', (Winter 1993) 58 Brooklyn Law Review 1359-6; Lundy, n 10, supra, at 273; Kirb y, N. & B. Kemp. "Battered Men Come Out Of The Closet", The Independent, March 8 1995, at 4; Kingston, T. 'When the Battering Won't Stop: Domestic Violence Awareness Month', The San Fransisco Bay Times, October 1990, at 10.
[53] Kirby & Kemp, ibid, at 6.
[54] id.
[55] 'Sexual Orientation and the Law', (1989) 102 Harvard Law Review 1508, at 1542, in Bricker, n 52, supra, at 19; Ristock, n 25, supra, at 425.
[56] Kingston, n 52, supra.
[57] Bricker, n 52, supra, at 19.
[58] Liquori, D. 'Breaking the Barriers for Victims', The Times Union, New York, October 29 1994.
[59] Bricker, n 52, supra, at 21.
[60] Ristock, n 25, supra, at 423.
[61] For example, in the Los Angeles Police Academy, recruits receive 8 hours training on domestic violence but there is no focus on same sex battering: Garcia, J. 'The Cost of Escaping Domestic Violence', Los Angeles Times , May 6, 1991, at 32.
[62] Lundy, n 10, supra, at 291
[63] Bricker, n 52, supra, at 1426; Robson, R. 'The Violence Among Us', Lesbian Outlaw, Firebrand Books, New York, 1992, at 161. The issue of whether a restraining order or injunction is an effective means of protection, ho wever, is an important question which must also be borne in mind when considering whether to seek such a remedy.
[64] Lundy, n 10, supra, at 291
[65] Robson, n 63, supra, at 161
[66] id.
[67] A detailed analysis of this issue is, however, beyond the scope of this paper. For a comprehensive discussion of this issue see Bricker; n 52, supra, and Robson, n 63, supra.
[68] Snow, n 34, supra, at 61; Tuller, D. 'Law Doesn't Take Problem Seriously: When Gays Batter Their Partners' Sanfransisco Chronicle Jan 3 1994, at A 3.
[69] Ristock, n 25, supra, at 418; Bricker; n 52, supra, at 1395; Lundy, n 10, supra, at 287-88.
[70] Bricker, id; Renzetti, n 20, supra, at 160-161.
[71] Morrow & Hawxhurst, n 32, supra, at 58; Lundy, n 10, supra, at 288; Taylor & Chandler, n 32, supra, at 56.
[72] Allen & Roberts, 'Homophobia: A Weapon of Batterers?' in For Shelter and Beyond: Ending Violence Against Battered Women and their Children', in Lundy, n 10, supra, at 288.
[73] For a general discussion of these issues see Geraci, L 'Making Shelters Safe For Lesbians', in Naming the Violence, n 6, supra, at 77-79.
[74] Pharr, S. in Naming the Violence, n 6, supra, at 204.
[75] Lundy, n 10, supra, at 273.
[76] Taylor & Chandler, n 32, supra, at 55-56.
[77] See Snow, n 34, supra, at 61; Island & Letellier, n 12, supra, at 35; Bricker, n 52, supra, at 1394; Rhodes, E., 'Closeted Violence', The Seattle Times, May 23 1991, at 40.; Reed, J. 'Naming and Confronting Gay Male Bat tering', Gay Community News, April 16-22, 1989, at 9.
[78] Snow, n 34, supra, at 62.
[79] See for eg., Angelo and Maureen. 'After the Honeymoon', West Side Observer, Issue 90, March 1995, at 10. Salmon, A. & F. O'Toole. 'Outing Sexual Assault and Domestic Violence in the Lesbian and Gay Community', West Side Observer, Issue 87, December 1994, at 13. Salmon, A., Isles, S., & T. Norton. 'Sexual Assault in the Gay and Lesbian Community', West Side Observer, Issue 85, October 1994.
[80] The group disbanded at the end of 1995.
[81] West Side Observer, Grapevine, and Hot Gossip.
[82] Discussions were held with The Legal Aid Domestic Violence Unit, Police Domestic Violence Unit, Relationships Australia, Women's' Health Care House, and the Women's' Refuge Group. It should be noted that whilst the Wome n's Refuge Group does not focus directly on lesbian domestic violence, particular refuges are more active in ensuring their service is sensitive to the needs of lesbians.
[83] S 172 of the Justices Act (WA) 1902.
[84] Criminal Code (WA), S 564 on powers of arrest, S 338D of the Criminal law Amendment Act 1994 on Unlawful Stalking.
[85] S 114 of the Family Law Act (1975) Cth.
[86] The main issues raised being gay beats and street violence.
[87] See Part II for a discussion of the reasons why the assistance of the courts is not sought.
[88] As reported by the Legal Aid Domestic Violence Unit.
[89] id.
[90] This survey was conducted by one of the refuge workers.
[91] Bricker, n 52, supra, at 1386.
BIBLIOGRAPHY
Angelo and Maureen. 'After the Honeymoon', West Side Observer, Issue 90, March 1995, at 10.
'Battered Lovers - The Hidden Problem of Gay Domestic Violence', The Advocate(LA), March 4, 1986, at 42.
Bellandi, D. 'New Guidelines Treat Domestic Violence Like Any Other Crime', Los Angeles Times, August 29, 1990, Part B, at 1.
Bird, K. 'Toward a Feminist Analysis of Lesbian Violence', Lesbian Violence Action Group, Melbourne, 1991.
Bricker, D. 'Fatal Defense: An Analysis of Battered Woman's Syndrome Expert Testimony For Gay Men and Lesbians Who Kill Abusive Partners', (Winter 1993) 58 Brooklyn Law Review 1379.
Camposeco, M. 'Domestic Abuse Now Recognised Among Gays', Sacremento Bee, August 24, 1994, at B1.
Chachere, V. 'Violence Among Gay Partners Drawing Notice', The Tampa Tribune, July 24, 1995, at 1.
Chitty, J. 'Lesbian Stalked Me, Claims Former Lover', The Western Australian, May 14, 1996, at 5.
Coalition Against Lesbian Sexual Assault and Domestic Violence, For Women Who Have Been Abused By Another Woman (Information Pamphlet), Hobart, Tasmania.
Coleman, V. 'The Relationship Between Personality and the Perpetration of Violence', Internet, Abstracted from (1994) 9(2) Violence and Victims, Springer Publishing Company.
Cook, H. 'Hitting Close to Home: Domestic Violence in the Gay and Lesbian Community', Gay and Lesbian Times Interactive (San Diego), 1995.
Duryea, B. 'The Closet Within the Closet', St. Petersberg Times, December 13, 1994, at 2B.
Ferrante, A., Morgan, F., Indermaur, D. & R Harding. Measuring the Extent of Domestic Violence, Hawkins Press, 1996.
Garcia, J. 'The Cost of Escaping Domestic Violence', Los Angeles Times, May 6, 1991, Part E, at 2.
Gibson, R. 'Gay Killer was "Battered Wife" ', The West Australian, February 8, 1996, at 11.
Gwat-Yong Lie & S. Gentlewarrier. 'Intimate Violence in Lesbian Relationships: Discussion of Survey Findings and Practice Implications', (1991) 15 Journal of Social Service Research 41, 1991, The Haworth Press.
Island, D. & P Letellier. Men Who Beat the Men Who Love Them: Battered Gay Men and Domestic Violence, Harrington Park Press, New York, 1991.
Island, I. & P. Letellier. 'The Scourge of Domestic Violence', Gay Book # 9, San Fransisco, CA, Rainbow Ventures Inc, Winter 1990, at 11.
Kendall, C. & B. Eyolfson, 'One in Ten But Who's Counting?: Lesbians, Gay Men and Employment Equity', (1995) 27(2) Ottawa Law Review 281
Kendall, C. '"Real Dominant, Real Fun!": Gay Male Pornography and the Pursuit of Masculinity', (1993) 57 Saskatchewan Law Review 21
Kingston, T. 'When the Battering Won't Stop: Domestic Violence Awareness Month', The San Fransisco Bay Times, October 1990, at 10.
Kirby, N. & B. Kemp. 'Battered Men Come Out of the Closet', The Independent, March 8, 1995, at 23.
Lahey, K.A. 'On Silences, Screams, and Scholarship: An Introduction to Feminist Legal Theory' in Devlin, R.F. Canadian Perspectives in Legal Theory, Toronto, Edmond Montgomery, 1991.
Law, S. 'Homosexuality and the Social Meaning of Gender', (1988) Wisconsin Law Review 187.
Letellier, P. 'Stop Gay-Bashing at Home', The San Fransisco Chronicle, June 27, 1994, at A 19.
Liquori, D. 'Breaking the Barriers for Battering Victims' The Times Union (Albany NY), October 29, 1994, at B6.
Lobel, K. (Ed). Naming the Violence: Speaking Out About Lesbian Battering, Seal Press, Seattle, 1986.
Lowers, J. 'Gay and Lesbian Partners Not Immune to Violence', Chicago Sun Times, February 25, 1995, at 18.
Lundy, S. 'Abuse That Dare Not Speak Its Name: Assisting Victims of Lesbian and Gay Domestic Violence in Massachusetts', (Winter 1993) 28 New England Law Review 273.
MacDonald, J. 'Brother 'Not Cruel'', The West Australian, February 14, 1996.
Matsuda, M.J. 'Public Responses to Racist Speech; Considering the Victim's Story', (1989) 87 Michigan Law Review 2320.
McClure, R. & A. Vespry (eds). 'Dynamics of Power', Lesbian Health Guide, Q Press.
Morrow, S. & D. Hawxhurst. 'Lesbian Partner Abuse: Implications for Therapists', (1989) 68 Journal of Counseling & Development 58.
Nealson, P. 'Gays, Lesbians Also Feel Domestic Violence', The Boston Globe, June 1, 1992, at 14.
Olson, R. 'Gay Relationships Also Subject To "Battered Person's Syndrome" ', Los Angeles Times, March 13, 1994, Part A, at 1.
Price, J. 'Domestic Violence Between Gays a Hidden Crisis, Counselors Say', The Washington Times, July 20, 1990, at A3.
Price, Waterhouse, Urwick. Out of the Blue: A Police Survey of Violence and Harassment Against Gay Men and Lesbians', NSW Police Service, 1995.
Reed, J. 'Naming and Confronting Gay Male Battering', Gay Community News, April 16-22, 1989, at 9.
Renzetti, C. 'Building a Second Closet: Third Party Responses to Victims of Lesbian Partner Abuse', (April 1989) 38 Family Relations 157.
Renzetti, C. 'Violence in Lesbian Relationships: A Preliminary Analysis of Causal Factors', (December 1988) 3(4) Journal of Interpersonal Violence 381.
Rhodes, E. 'Closeted Violence - Authorities, Experts Slowly Start to Offer More Help to Battered - and Battering - Partners of the Same Sex'', The Seattle Times, May 23, 1991, at F1.
Ristock, J. 'And Justice for All?...The Social Context of Legal Responses to Abuse in Lesbian Relationships', (1994) 7 Canadian Journal of Women and the Law 415.
Robson, R. 'Lavender Bruises: Intra-Lesbian Violence, Law and Lesbian Legal Theory', (1990) 20 Golden Gate University Law Review 567.
Robson, R. 'The Violence Among Us', Lesbian Outlaw, Firebrand Books, New York, 1992, at 157.
Salmon, A. & F. O'Toole. 'Outing Sexual Assault and Domestic Violence in the Lesbian and Gay Community', West Side Observer, Issue 87, December 1994, at 13.
Salmon, A., Isles, S., & T. Norton. 'Sexual Assault in the Gay and Lesbian Community', West Side Observer, Issue 85, October 1994.
Snow, K. 'The Violence at Home', The Advocate (L.A.), June 4, 1992, at 60.
Spatt, M. 'Same Sex Domestic Violence Cases Now Covered by State Law', Internet, 1995, http://www.zoom.com/outnow/52/violence.htm.
Swift, M. 'A Step to Visibility', Sydney Star Observer, November 2, 1994.
Szymanski, M. 'Battered Husbands: Domestic Violence in Gay Relationships', Genre Magazine, Fall 1991, at 35.
Taylor, J. & T. Chandler. Lesbians Talk Violent Relationships, Scarlet Press, London, 1995.
Tuller, D. 'Law Doesn't Take Problem Seriously', The San Fransisco Chronicle, January 3, 1994, at A1.
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