Spousal Abuse in Criminal Law

Experts estimate that approximately 25% of women in the United States have been physically abused by a current or previous romantic partner. Spousal abuse is the use of violence, humiliation, intimidation, threats or isolation to control one's spouse. Most cases of spousal abuse are perpetrated by men (87%) and most use either violence or the threat of violence (92%).

Spousal abuse is a domestic crime punishable by prison, fines or probation. It can occur during the relationship, while it is on the outs, or after it has ended, and can occur between married, common-law or same-sex couples. Usually, spousal abuse continues for some time before it is reported, and sometimes the victim never comes forward. Part of the psychology of spousal abuse is controlling the victim so that he or she never reports the abuse. Some victims of spousal abuse don't even realize what is going on.

Unfortunately, law enforcement officers often look for signs of violence and dismiss the charges if not exist. Spousal abuse doesn't have to include bruises, cuts or broken bones, however, and can be just as emotional as it is physical. Anyone who demeans, humiliates or threatens their spouse is guilty of spousal abuse.

Physical spousal abuse is the most common form, and involves any situation in which the victim is injured or in danger of being injured at the hands of his or her spouse. One common form of physical spousal abuse is confinement, during which the victim is not allowed to leave the house or even a room. Physical spousal abuse doesn't always occur with a weapon, though it's a possibility, and even if the victim is never touched, but is threatened with violence, the perpetrator can be arrested.

Emotional spousal abuse is more difficult to prove, but can be just as devastating. An individual who calls their spouse names or degrades them in any way is guilty of spousal abuse. It could also include something indirect such as harming a pet or speaking ill of the victim in social situations. Spouses do not have the right to humiliate, demean or otherwise harass each other.

The third form of spousal abuse is sexual in nature, which is something that many people cannot grasp. Just because you are involved romantically with someone does not give them an all-access pass to your body. Rape, sexual assault and exploitation can occur between couples, and although it can be difficult to prove, it is illegal. One rather heinous form of sexual spousal abuse is when one partner displays or distributes sexual photographs or videos of their spouse.

Many victims of spousal abuse don't report the crime because they are convinced that they won't be believed. Others are so controlled by their spouses that they are physically incapable of telling anyone about it. The important thing to remember is that no one has the right to hurt you in any way, least of all your spouse, and if you don't report it to the police and leave the relationship, it will most likely continue.