IPV In The Context Of SameSex Relationships

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IPV In The Context Of Same-Sex Relationships

• Michelle L. Meloy, Ph.D.

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Scope of the problem

• Accurate prevalence rates are not available
• Estimates suggest that IPV rates in gay and
  lesbian relationships mirror those in
  heterosexual partnerships (25-35 of couples)
• Acceptance of these partnerships as real
  intimate relationships has hampered research
  efforts
• Reluctance among homosexuals to admit that the
  abuse exists, especially within women-to-women
  relationships

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Why do victims hide the abuse?

• Communities are already stigmatized and want to
  avoid additional shame
• May be shunned by their own community for
  bringing negative attention
• Fear that it will validate their deviant status
• Requires victims to out themselves
• Law enforcement officials courts may not be
  responsive to calls for help

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Why do victims hide the abuse (cont)?

• Lack of resources for these victims, especially
  gay men.
• Existence of lesbian couple violence shatters the
  notion that women-centeredness peacefulness
• Presents ideological challenges to the
  patriarchal, power control notions that are
  typically used to explain IPV
• Gay men Shouldnt male partners have less
  disparity with respect to power control?
• Lesbians Arent women socialized to be passive
  and non-violent?

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Domestic violence in lesbian relationships

• Physical assaults with weapons biting,
  scratching, deprivation of sleep, heat or food
• Sexual rape, sex on demand, forced sex with
  others, physical assaults during sex, sexually
  degrading name calling
• Threats against the victims family or friends,
  stalking or harassment
• Economic control over financial resources or
  making the victim work to support abuser

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Domestic violence in lesbian-gay male
relationships

• Psychological abuse humiliation, lying,
  isolation, bursts of anger, manipulation
• Homophobic control threatening to out victim
  to friends, family or employer, blames the abuse
  on her sexuality, reminds her she has no options
  for escape because of the homophobic world
• These same factors are believed to affect gay men
  but no specific research conducted
• Gay men believed to be at increased risk of
  sexual assault by male partners

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Official response

• The criminal justice system has traditionally had
  high levels of homophobia
• Many states moving towards gender-neutral
  domestic violence laws but some states
  specifically exclude same sex couples
• State level family courts that handle IPV cases
  do not recognize same-sex couples as a family
  affect how cases can be filed and handled
  abuser charged with less serious crimes and
  handled by officials that are not specialists in
  IPV

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Official response What does the system do?

• Victims perceptions of law enforcement response
  varied greatly.
• Very limited data assessing systemic law
  enforcement response to these crimes and victims
  perceptions of same
• Although lesbians have greater access to shelters
  social services (because of their status as
  women) than gay men resources overall are scarce
  and even lesbians can be turned away for help
• Reform efforts desperately needed

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Gay panic defense What is it?

• The term homosexual panic was coined in 1921 to
  treat anxious patients with same-sex urges
• It was not used as a criminal defense until 1960s
• The defense will be more ineffective as society
  becomes more accepting of gay lesbian people
• Evidence exists that this is already occurring

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Examples of gay panic defense in action

• California a man repeatedly stabs someone he
  brought home and received the lightest possible
  sentence for the slaying
• Georgia the man accused of beating a criminal
  prosecutor to death is acquitted after a
  successful self-defense claim
• Alabama a teenager says gay flirting caused him
  to shoot a college professor court agrees

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Gay panic defense in action

• In each of these cases, the victims sexual
  orientation was used in the defendants defense
  to lessen culpability
• NY and California are considering bills to ban
  the practice of gay panic defense
• Is not based on self-defense but on the idea that
  defendants have a mental problem that causes them
  the feel uncontrollable rage when faced with a
  gay advance not responsible for their violence

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Denied Gay panic defense

• Wyoming judge in Matthew Sheppard case refused
  to allow the defendants homosexual rage
  syndrome defense but stated it could be used at
  sentencing
• Kentucky jury denied a mans claim that he was
  rendered insane by having gay sex which caused
  him to fatally shot the victim. Convicted of 1st
  degree murder
• Pennsylvania jury failed to believe that a fatal
  stabbing of a banker was caused by gay flirtation
  1st degree murder conviction