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Lisa M. Martinson
excerpted from : Lisa M. Martinson, An Analysis of
Racism and Resources for African-American Female Victims of Domestic
Violence in Wisconsin, 16 Wisconsin Women's Law Journal 259-285, 260-270
(Fall 2001) (162 Footnotes Omitted)
Racism affects all aspects of a person's life. The following
discussion examines how racism affects African-American women in terms
of domestic violence. Racism alters how African-American women receive
treatment through domestic violence resources and how they perceive
resources. Therefore, because of racism African-American women have
specific concerns when making decisions about domestic violent
relationships and what resources would be the best for them. These
concerns include the view of the race as a whole, the perceptions of
African-American men, how African-American families are treated by
American society, economic concerns, and how American public protectors
such as the police and judicial system treat victims and batterers in
the system.
A. Racism Against African-American Women Within the Sphere of
Domestic Violence
Racism is an additional obstacle for the African-American victim of
domestic violence in obtaining adequate resources to leave an abuser and
continue a life free from abuse. Professor of Law and domestic violence
expert Zanita E. Fenton expounds on the history of African-Americans and
the current status of an African-American female as a domestic violence
victim:
Enslaved black women performed the same tasks as their male
counterparts while still fulfilling traditional female roles. Therefore,
necessarily, the stereotypes for black women were opposite those for
white women, and directly correlated with the 'bad girl' stereotypes.
... Thus, the prevailing stereotypes of black women do not allow them to
fit within the stereotype of the "good girl" or
"victim," making interactions with the justice system that
much more complicated.
African-American women are stereotyped as the opposite of the
stereotypical, traditional middle and upper class white woman. The
historic stereotype of the white woman is that she is small, delicate,
soft, passive. Fenton declares that the image of the white woman or the
'good girl' is intertwined with the image of a victim. The
African-American woman, however, is not small, delicate, soft, or
passive. Rather, in the words of author and domestic violence advocate,
Evelyn White, she is in part the "strong black woman." Evelyn
White describes racism based upon stereotypes of African-American women
as a force that makes them "walk a difficult line" between the
sexual wanton woman and the pious churchwoman, between the opinionated,
bossy woman and the subservient woman to her African-American husband or
boyfriend. Specifically, for centuries, African-American women have been
compared to white women and considered immoral and sinful.
Being viewed as the "strong black woman" is positive, but
unfortunately, it leaves African-American women in caregiver roles with
no opportunities when they need care. Therefore, the African-American
woman must first demonstrate herself to be a victim in general, and then
a victim of domestic violence. She must show that she is a victim of
circumstances that are not her fault. The problem of not recognizing
African-American women as victims as immediately as white women impedes
their ability to utilize resources, and may put the African-American
victim in a more imminent position of danger. Even when an
African-American woman overcomes obstacles to obtaining domestic
violence resources, the African-American woman still has to prove that
she is a victim.
The result of stereotyping and racism in conjunction with the
political domestic violence movement's focus on white women has left the
African-American victim of domestic violence in a difficult position.
Fenton states, "[s]tereotype adds an additional tool for control,
both within the family relations and in societal perceptions that
influence a woman's ability to get help and succeed in the justice
system." Nevertheless, whether people use stereotypes to justify
that an African-American woman deserves the violence, that she is strong
enough to fight it alone or for any other reason to lay some sort of
fault upon the woman, this type of rationalization perpetuates not only
racism but also the belief that violence against women is condoned by
society. Hopefully, with more awareness of domestic violence and
knowledge of how abusers seek to gain and retain power over women,
African- American women will not have to first disprove the stereotypes
in order to attain the assistance they need to leave and stay safely
away from the batterer.
A manifestation of racism within the domestic violence movement
appeared in the last quarter of the twenty-first century when domestic
violence among minority and marginalized populations was ignored while
white domestic violence issues were emphasized. One example of how the
dismissal of non- white domestic violence occurred is exemplified in the
television program 48 Hours. In discussing the Violence Against Women
Act of 1991, 48 Hours presented the stories of seven women who
experienced domestic violence. All but one of the women were white. The
white women were humanized for the audience with personal stories of
their lives. The one black woman was left nameless and only depicted
with a picture of her beaten face. The audience was not given a chance
to relate to her violence.
In the last twenty years, United States legislators started to focus
on the fact that domestic violence is not solely a minority or
marginalized population's problem. The shift in focus came with the
realization that domestic violence is also a problem for white, middle
and upper class mothers, wives, sisters and daughters. Consequently,
domestic abuse became part of the political agenda. As domestic violence
rose to gain national attention, little thought to women of color
occurred and the only gains for them were consequences of gains in the
white community. The positive result of the creation of new methods and
tools to fight domestic violence in society is apparent, but these new
resources do not reach all victims equally.
All domestic violence victims must confront a number of issues when
trying to leave an abusive situation, but the racism against
African-American women imposes additional issues on women already
burdened. The fact that African-American women face race-based obstacles
in obtaining domestic violence resources is the reason that racism
within the movement against domestic violence and within the legal
system must be brought to the forefront. Racism must be fought within
the domestic violence movement and in the legal system in order to
successfully help all victims of domestic violence. Not only are
African-American women's needs ignored as a result of racism, but racism
also creates additional needs for African-American women.
B. Concerns Specific to African-American Victims of Domestic Violence
in Light of the Effects of Racism
"[F]or white women and women of color, the experience of
battering is quite similar but at the point of seeking help or escape
from the abuse, women of color face many problems that white battered
women generally do not." The additional hardship of racism creates
concerns that are specific to African-American victims of domestic
violence and other marginalized groups. Like all victims of domestic
violence, African- American women consider many issues when making the
decision to leave an abusive situation. African-American women, however,
may consider a number of additional issues, including the
African-American race image as a whole, the position of African-American
men, the view of African-American families, their economic situation,
and the system's responsiveness if they do make a call for help.
Addressing these concerns while developing domestic violence resources
will create better resources with equal effectiveness for all domestic
violence victims. If the resources took into account all victim concerns
and realities, the victims would likely feel more comfortable using the
resources. Just as resources, such as a shelter, do not ignore facets of
a victim's life such as whether she has children or a disability, so
should the resource not ignore whether the victim is African-American.
The fact that a victim has children or a disability affects what the
victim needs to live a life without domestic violence. Our society has
made race matter. Therefore, for resources to be effective in our
current society, race and/or racism must matter.
1. Race as a Whole
A culturally specific concern for African-American victims is the
racial repercussions of reporting domestic violence. Evelyn White
describedthis concern by stating, "[w]e know what the risks are if
we abandon each other." Domestic violence does not have the
classification of a "black problem" or a "white
problem" anymore. Nevertheless, victims perceive that reporting
violence in the African-American community is an opportunity for the
public to use the information to reinforce negative stereotypes of the
African-American community. African-American women hesitate to report
abuse by African-American men because of the "readiness of the
outside society to label or blame these acts of violence as racially
predictable." Not only must African-American women be concerned
about the public as a whole, but also the effects of reporting abuse
within her race community.
The African-American woman "may be ostracized within [her
community] for contributing to racial stereotypes" by reporting
domestic violence by an African-American man. This fact creates a
dilemma for African- American women because "[p]reserving cultural
identity often requires strong allegiance to the community as a whole,
causing women to choose between fear of rejection or continued
violence." The concern for racial unity is very strong, as seen
from the reactions by African-American women to the allegations of
sexual harassment by Professor Anita Hill against Supreme Court Justice
Clarence Thomas and the rape of Denise Washington by professional boxer
Mike Tyson. This concern isdescribed by African-American women as one
arising from the belief "that racism always trumps sexism, and that
the 'hierarchy of interests within the Black community assigns a
priority to protecting the entire community against the assaultive
forces of racism." ' Therefore, it should not be assumed that
African-American victims are not experiencing violence if there is a
lack of reporting. Rather, the lack of reporting, in part, is a result
of the victim balancing the abuse against the fear that the community
will not support her decision to report and/or leave the abuser. Thus,
the victim may determine that it is "better" for her to stay
in the abusive situation. Victims may even be told by other
African-American women, who themselves have experienced some type of
violence, not to report the violence.
Domestic violence victims cannot simply leave an abuser without help.
Most need money, a place to stay, emotional support, childcare services,
and cooperation from the legal system to keep the abuser away. Many
times this help can be found within the community, family, friends, and
local domestic violence programs. When victims fear that reporting will
violate the "unwritten code" that "prohibits the
reporting of African American male violence against African American
females," the community where the victim may naturally look for
support may no longer exist for her.
2. African-American Men
Another major concern connected to racism and domestic violence is
the status of the African-American man within the United States.
Unfortunately, African- American victims of abuse receive the message
that to report abuse by an African-American man is to feed the
stereotype of African-American men as violent. Research, which the
Wisconsin Coalition Against Domestic Violence relies on from 1998,
concluded that an African-American woman was more likely to feel
protective of her abuser than a white woman. The reason for this
reaction is a manifestation of the effects of discrimination and the
"hard times" the African-American male has faced in the United
States. Some African-American women feel that incidents of violence
against African-American women by African-American men should not be
reported because "they would be putting another 'brother' in
prison." Furthermore, the image of the "strong black
woman" is forced on African-American women by each other in an
attempt to defend ignoring the violence, because this violence has
happened before and they should just go on with life as women have
before.
The African-American female feels an obligation to support and assist
her male counterpart emotionally in order to preserve the family. The
reality is that "police brutality and blatant racism in the
criminal justice system" exist, and when an African-American victim
reports the abuse she is not only reporting abuse, but she is subjecting
the abuser to the biased system. The choice for African-American women
is not just whether to stay with the abuser, but whether to make a
decision that may, on the surface, look to others in the community as
selfish. If she reports the abuse, and the batterer is arrested, she
does take the chance that the batterer will experience racism by the
police or within the legal system. The victim is forced to make a choice
between the violence she experiences and the racism that her batterer
may experience. Racism, when considered a more serious problem, can keep
African-American women from trying to end the violence.
3. The African-American Family
Along with the concerns about the African-American race and the
status of African-American men, the family is another reason that
prevents African- American women from reporting or seeking out resources
for domestic violence. Fenton best describes this reality:
In addition to the classic victim's cycle of domestic abuse, which is
almost a paralyzing force preventing a woman from leaving her abuser,
many African-American women also stay in abusive relationships to
'present a united front.' That is, because the national media and
politicians have historically assaulted the black family as degenerating
in a 'tangle of pathology,' many African-American women feel the need to
stay in their relationships, keep their families together, and be
unified against outside oppressions and stereotypic representations.
They feel that to break up the family would just add to the problems of
both their own families and the problems of the black community.
White states that African-American women are sacrificing themselves
in order to maintain African-American families. African-American women
face pressure to keep the family together to combat racist views
concerning the African-American family, thus ignoring the abuse for the
sake of others. This concern again forces the African-American woman to
place societal perceptions of her and her family above the reality of
the violence within the home. The presence of domestic violence in an
African-American family can be used as reinforcement for bigoted or
racist beliefs about violent African Americans. Consequently,
African-American women face pressure to ignore the violence and thus
quiet the racists and the bigots.
4. Economic Concerns
To understand the plight of the African-American domestic violence
victim, we must recognize her economic position in our society. Over
half of homeless families nationally are African-American, while
African-Americans only make up twelve percent of the total population. A
1996 study entitled Profile of Working Women finds that nearly two
thirds of all minimum wage earners are women. Moreover, the U.S. Census
Bureau found while 28% of white female-headed households in 1998 were
below the poverty line, 40% of black female-headed households were below
the poverty line. To better clarify the African-American woman's
position, consider that the median annual income for a white woman in
1996 was $11,266 and the median income for black women was $9,508.
Socioeconomic status is not an indicator of domestic violence. However,
the two factors produce the effect that African- American women of lower
socioeconomic status (as well as all women of lower socioeconomic
status) who are victims of domestic violence are more likely than middle
and upper class white women who are victims of domestic violence to need
"extensive services and support" in order to leave an abusive
relationship. Therefore, while the option of calling the police offers
immediate safety for the victim of domestic violence, the victim may not
see this as an option when the abuser is needed to support the family
financially.
The alarming rate of poverty among African-American women is evident
and has significant affects on African-American domestic violence
victims. More than half the African-American women interviewed in a 1998
study stated that they stayed with their batterers because theydid not
think they could support themselves and their children alone. As the
data from the status of African-American women reveals, a
disproportionate amount of African- American women in the United States
are living in poverty, and that creates an obstacle for many
African-American domestic violence victims. The choice is not just about
the enormous risk of leaving the abuser, but the additional question,
"how will I keep my family fed and sheltered?" As author and
domestic violence expert Kimberle Crenshaw discusses:
Many women of color, for example, are burdened by poverty, child care
responsibilities, and the lack of job skills. ... Where systems of race,
gender, and class domination converge, as they do in the experiences of
battered women of color, intervention strategies based solely on the
experiences of women who do not share the same class or race backgrounds
will be of limited help to women who because of race and class face
different obstacles.
The resources offered to domestic violence victims cannot always
focus solely on physical violence. A broader approach is necessary in
order to address all of the victim's needs, which will allow her to stay
away from the batterer. For an African-American victim of domestic
violence, financial support may be as urgent a need as mandatory arrest
laws.
5. Views of the Public Protectors
Racism affects African-American victims within the informal
structures of society and economics, as well as within our formal
infrastructures of the police and judiciary. Racism within these formal
structures can have immediate, detrimental affects on victims and their
families through arrest, collection of evidence, and sentencing, among
others.
i. The Police
As previously discussed, Wisconsin's laws mandate arrests in
situations involving domestic violence. The mandatory arrest law can
provide for immediate safety for a victim of domestic violence if (1)
the police are notified and (2) the police officer "has reasonable
grounds to believe that the person is committing or has committed
domestic abuse and that the person's actions constitute the commission
of a crime..." The officer will arrest if he or she reasonably
believes "that continued domestic abuse against the alleged victim
is likely" and/or "[t]here is evidence of physical injury to
the alleged victim." For the mandatory arrest law to actually help
victims the police must be notified first. Evidence shows that many
within the African-American population do not have a trusting
relationship with the police. White stated in a 1993 interview, "[t]he
police have historically been no friend to the Blacks." Thus, the
Wisconsin mandatory arrest law has a limited ability to provide safety
for African- American women who distrust the police in that they may not
choose to call the police for protection. The result is that "many
women of color simply will not call the police for fear of what will
happen to themselves or their abusive partner in the hands of law
enforcement officers." The fact that African-Americans do not have
a good relationship with the police is seen to varying degrees
throughout the United States, but it cannot be denied that the fear
exists to a certain extent everywhere.
ii. The Court System and Lawyers
Along with distrusting the police, a general distrust of the court
system and its actors also exists for many African-Americans.
Whether she is a plaintiff, defendant, or witness, the African
American woman in the courtroom faces numerous obstacles to being
considered a believable, reasonable person. ... Documented juror and
judicial attitudes concerning the veracity of African-American women
inhibit not only the African-American female at trial, but
African-American women in all walks of life.
The obstacles of a historically founded distrust of the court system
and documented discrimination against African-American women can lead
African- American victims of domestic violence to turn away from state
resources. Therefore, the elimination of court filing fees will probably
have less of an impact on African-American victims of domestic violence
because they are less likely to turn to the courts when attempting to
get out of a violent relationship.
iii. Public Shelters for Domestic Violence Victims
Furthermore, while the state of Wisconsin has a system of shelters
and centers for domestic violence victims, not all people feel equally
welcome at the shelters. A perception exists among African-American
women that "shelters and institutions established to help battered
women are only for the needs of white women." African-American
victims may determine that it will be better for them to stay in the
abusive situation rather than face racial discrimination in a shelter.
Racism against African-American women affects when and how they are
able to utilize resources for domestic violence. The racism against
African-American women creates specific concerns when African-American
victims attempt to obtain resources to leave an abusive situation. The
specific concerns of African-American women such as maintaining racial
unity and avoiding the propagation of stereotypes against
African-American men are not addressed by the common state domestic
violence resources of mandatory arrest and restraining orders offered by
the police and the court system. |
