At 101; see also Flynn, supra note 10, at 92 (noting the various ways in which animals may be of high emotional value and importance to their guardians). The understanding of domestic abuse has shifted away from a fragmented understanding toward a more unified one: increasingly, the focal point of analysis has become the abuser, with various acts of violence and the victims against which they are committed being viewed through the lens. 12Various theories have been proposed as to the precise motivations and reasons behind domestic violence. See jay peters., Understanding Domestic violence Against Women: Using evolutionary Psychology to Extend the feminist Functional Analysis, 17 violence victims 255, 256 (2002). Prominent among these theories, and most relevant to this Comment, is the assertion that domestic violence is a purposive method of gaining power and control. At the same time, domestic violence has come to be understood as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner instead of a series of individual violent incidents.
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Gentry, including Companion Animals in Protective orders: Curtailing the reach of Domestic violence, 13 Yale. feminism 97, 99 (2001). Some courts have awarded substantial emotional distress damages for the death of an animal, recognizing that a pet is not just a thing but occupies a special place somewhere in between a person and a piece of personal property. Crawford Dog cat Hosp., Inc., 415. Y.S.2d 182, 183 (Civ. This is despite obesity the fact that animals may be of substantial emotional importance to their guardians, and that most individuals view their animals as family members. 11Jennifer Robbins, note, recognizing the relationship Between Domestic violence and Animal Abuse: Recommendations for Change to the texas Legislature, 16 Tex. A majority of people with companion animals regard them as members of the family. Flynn, battered Women and Their Animal Companions: Symbolic Interaction Between Human and Nonhuman Animals, 8 Socy animals 99, 105 (2000). Moreover, keeping a domestic animal is prevalent: six in ten households have at least one companion animal, and this figure rises to 78 for households with children over six years old.
Recent decades witnessed fundamental changes in both the legal status and the rights of women and children, along with a simultaneous shift in how their abuse is understood. Animals continue to be viewed primarily as property, and their independent interests continue to be subservient to the possessory, use, and enjoyment interests of their owners. One author posits reasons for the general ignorance of or indifference to violence against animals: a societal perception golf that animals are of less importance; a low public perception because of infrequent reporting by the media; a view of animal abuse as isolated incidents rather than. Flynn, Why family Professionals Can no longer Ignore violence toward Animals, 49 Fam. There are signs that this perspective of animals may be changing. For example, the word guardian was substituted for owner in domestic ordinances of boulder, colorado. See boulder, colo., Ordinance 7062 (Aug. 1, 2000) (codified as amended at boulder, colo., rev. 118, 2014 dianna.
Sauder, Enacting and Enforcing with Felony Animal Cruelty laws to Prevent violence Against Humans, 6 Animal. As women and children became emancipated under the law, attention progressively began to focus on their abuse as worthy of some level of intervention, 6Janet Mickish kathleen Schoen, Protection Orders and Animal Abuse in Family violence, colo. But the exploitation of these three categories of individuals was largely viewed as distinct and unrelated. Although the abuse of women, children, and animals may have often been committed by the same person, and despite the fact that their vulnerability could be attributed at least in part to common underlying factors, understandings of their abuse remained isolated from one another. See, lacroix, supra note 1,. The true extent to which these forms of violence are interrelated has only recently begun to be understood. 9Mickish schoen, supra note 6, at 106.
Kunstler, foreword to gary. Francione, animals, Property, and the law, at ix, xxi (1995). The abuse of a woman was viewed as sacrosanct within the domain of marital relations;. Siegel, The rule of love: Wife beating as Prerogative and Privacy, 105 Yale. The abuse of a child was viewed as the prerogative of parents to treat and raise their property as they pleased;. See generally, barbara bennett woodhouse, who Owns the Child?: meyer and, pierce and the Child as Property,. 995, 1044 (1992) (taking a critical look at the cases and circumstances surrounding the view of the child as property). And the abuse of an animal was essentially viewed as the harmless destruction of property at best, or the needless but inconsequential causing of suffering at worst.
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The abuse of an animal is a potent source of harm and control: victims have described their anguish and despair at witnessing their partner torture their beloved animal in front of their eyes, and frequently speak of how their concern for the animal obstructs their. Because domestic violence shelters typically do not accept animals, a departing victim must leave her animal in the household. By doing so, she is left vulnerable to harm through the ongoing abuse of the animal—abuse that may force her to return to her abuser just to protect. This Comment argues that domestic violence statutes must treat animal cruelty as a domestic violence offense when committed with the purpose of harming or coercing the human victim. The laws failure to do so leaves analysis a powerful method of harm underregulated, and thus leaves the significant abuse of both humans and animals underpunished. Designating animal abuse as a domestic violence offense would plug a prominent gap in the criminal approach to domestic violence and make available a large number of specialized protective and rehabilitative measures currently available to domestic violence victims, such as protective orders and mandatory therapy. Moreover, implementing a domestic violence animal cruelty provision poses a relatively straightforward task, because the current statutory schemes of most states already recognize a variety of offenses as involving domestic violence.word
Ultimately, the frequency with which domestic violence and animal abuse co-occur, the severe harm that this abuse inflicts, and the substantial protective and remedial benefits that would follow together suggest the criminalization of this form of abuse is a necessary and highly effective approach against. Introduction, women, children, and animals have long suffered abuse in the face of the law. Historically, these three groups shared a legal status of significant subordinacy or, worse, of property. Lacroix, Another weapon for Combating Family violence: Prevention of Animal Abuse, 4 Animal. The law for centuries reflected common societal perceptions of hierarchy, depriving these groups of rights or significant legal protection, and thus served only to perpetuate and entrench their vulnerability to abuse and maltreatment.
Toward a green criminological revolution. Sollund, ragnhild (2015) mies, m and Shiva, v (2014) Ecofeminism. Reports, sollund, ragnhild and Jenny maher (2015) Illegal wildlfie trade. A case study on illegal wildlife trade in the United Kingdom, norway, colombia and Brazil. Report produced as part of efface. jenny maher, ragnhild Sollund and Teresa fajardo castillo (2014) efface contribution to commissions consultation on wildlife trafficking.
Abstract, a substantial amount of research in recent decades has focused on the relationship between domestic violence and animal abuse. This research has shown that an abusive household often contains more than one victim, and that an abuser is likely to harm both his intimate partner and domestic animals in the home. The bulk of this research has focused on the degree to which these forms of abuse co-occur, the predictive utility of these statistics, and the effect that animal abuse has on a victims decision to leave the abusive household. Research findings in these areas have spawned a number of efforts to build upon this link to protect both humans and animals, such as including animals in protective orders, encouraging womens shelters to accommodate companion animals, requiring cross-reporting between animal welfare and domestic agencies, and. By contrast, relatively little attention has been paid to a different aspect of the problem: the intentional abuse of animals as a method of domestic violence. Often, abusers exploit the close, emotional bond shared by a victim and her companion animal to inflict harm upon the human victim. The abuser may harm or kill the animal in order to emotionally harm the human, use threats against the animal to gain compliance or control over the human, or use these methods to abuse the human or coerce her return after she leaves the household. These forms of abuse constitute one aspect of the broader pattern of control that characterizes an abusive relationship.
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Emerald Group Publishing Limited,.77-98. Sollund, ragnhild (2008 causes for speciesism: Difference, distance and denial In essay Sollund, ragnhild (ed.) Global Harms. Ecological crime and speciesism. New York: nova science publishers. Transnational environmental crime (ed. Rob White 2013) Ashgate. Book reviews, sollund, ragnhild (2015) Michael Lynch and paul Stretesky: Exploring green criminology.
Exploring the Animal Turn, lund: Pupendorf series, sollund, ragnhild (2013) Animal trafficking and trade: animal abuse and species injustice, in Westerhuis, diane, walters, reece, and Tanya wyatt (eds). Emerging Issues in Green Criminology: Exploring power, justice and harm. Sollund, ragnhild (2013) Wildlife trafficking, speciesism and crimes against animal life In south, nigel (ed). Green criminology, in Encyclopedia of Criminology and Criminal Justice. Chief Editors: Gerben Bruinsma and david weisburd, new York: Springer Verlag. Sollund, ragnhild (2012) Oil Production, Climate Change and Species Decline: The case of Norway in White, rob (ed) Climate change from a criminological perspective. Sollund, ragnhild (2012) The victimisation of women, children and non-human species through trafficking and trade—crimes understood through an ecofeminist perspective in south, nigel and avi brisbane (eds) International Handbook of Green criminology, london: routledge. Speciesism as Doxic Practice versus Valuing Difference and Plurality, in Eco-global Crimes: Contemporary and Future Challenges. The essence of food and gender and the embodiment of migration, In Ragnhild Sollund (ed) Transnational migration, gender and rights.
and law enforcement. In (Sollund, r ed) Critical criminology in a changing world. . Green harms and crimes. Sollund, ragnhild (2015 with or without a license to kill: Human-predator conflicts and theriocide in Norway in Brisman, avi, south Nigel and Rob White (eds) Environmental Crime and Social Conflict: Contemporary and Emerging Issues. Sollund, ragnhild (2015, in print Illegal wildlife trafficking in a globalized world; an example of motivations and modus operandi from a norwegian case study In: Francesco mario angelici (ed). Problematic wildlife: Springer, sollund, ragnhild (2015, in print) Introduction: Critical, green criminology an agenda for change In (Sollund, r ed). Green harms and crimes Critical criminology in a changing world. London: Palgrave, sollund, ragnhild (2014) A comment to gary Francione: Animal rights versus animals as property and nature.
The impact of motivations and experiences on police officers approaches to the public journal of Scandinavian Studies in Criminology and Crime Prevention 9 (2) 119-140. Sollund, ragnhild (2007) Canteen Banter or racism? Is there a relationship between Oslo polices use of derogatory terms and their attitudes and conduct towards ethnic minorities? Journal of Scandinavian Studies in Criminology and Crime Prevention. Sollund, ragnhild (2006 mechanistic versus organic organisations impact on immigrant womens work satisfaction and occupational mobility. Scandinavian journal of Hospitality and tourism. Sollund, ragnhild (2006 racialisation in police stop and search practice the norwegian case Critical Criminology.
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Selected: journal articles, sollund, ragnhild (2015) Green harms and crimes. Critical criminology in a changing world. . Sollund, ragnhild (2011) Expressions of speciesism: The effect of keeping companion animals on animal abuse, animal trafficking and species decline Crime, law and social change 55 (5) 437-451. Sollund, ragnhild (2010) Regarding au summary pairs in the norwegian welfare state european journal of womens studies 17(2 144-160. Sollund, ragnhild (2009) Migrant au pairs in the norwegian welfare state: Care chains and transnational care. The journal of Social Criminology, 1(1 122-148, sollund, ragnhild (2008 tested neutrality: Emotional challenges in qualitative interviews on homicide and rape journal of Scandinavian Studies in Criminology and Crime Prevention 9 (2) 181-201. Sollund, ragnhild (2008 tough cop - soft cop?