UT researchers examine domestic violence in Toledo

UTNews
by Deanna Lytle
Article published December 6, 2004

Photo by Bill Hartough
Lois Ventura, left, and Gabrielle Davis look over their research in the LaValley Law Library.

Nearly one-third of women report being physically or sexually abused by their partners, according to an American Psychological Association study. But while such statistics are plentiful on a national level, figures about domestic violence locally are a little bit harder to come by. This did not escape the notice of two University of Toledo researchers, Lois Ventura and Gabrielle Davis, who decided to fill in the gaps in information by looking at domestic violence in the Toledo area. Specifically, they wanted to find out if there was any connection between misdemeanor domestic violence convictions and recidivism.

Ventura, assistant professor of criminal justice, and Davis, instructor of law in clinical education, set to work in 2000 and recently announced their results at a press conference with city and judicial leaders. Their study, "Domestic Violence: Court Case Conviction and Recidivism in Toledo," was funded by an Urban Affairs Center grant with support from the colleges of Law and Health and Human Services.

The two researchers looked at about 2,000 cases of domestic violence over a one-year period in order to gather information. "It literally was a hand collection of data," Davis said. "No one could pull up this information on a computer screen, we had to sift through court records," Ventura added. Many hours were spent in the Toledo Municipal Clerk of Court’s office, as well as the office of the Lucas County Sheriff. "We had to track what happened to the offenders after court. Through the sheriff’s office, we had access to criminal records. We also looked at jail booking forms to gather data about education, employment and marital status of the accused."

So do convictions deter batterers from further domestic violence? "We found a modest effect," Ventura said. "If there was a jail sentence, probation or a fine, it deterred recidivism. A conviction may make a difference."

Davis and Ventura also found most accused batterers had a history of prior arrest for domestic violence and/or other violent offenses. However, they were surprised to see that batterers who had more prior felony charges in their criminal records were more likely to have their most recent domestic violence charge dismissed. They believe this may be a result of the testimony-based system of the prosecution. "The real problem is the prosecution’s exclusive reliance on victim testimony to prove the elements of the crime. The consequence of that practice is that domestic violence cases are routinely dismissed whenever a victim is unable to testify, even though there might be other evidence of the crime out there," Davis said. Ventura explained that victims may not be as likely to testify due to fear of repercussions from defendants with violent histories. "We hope to change this by moving to evidence-based prosecution," she said. Davis explained that pieces of evidence could include things like 911 tapes, medical records, eyewitness accounts and photographs.

The two also see a need for changes in how domestic violence victims are handled. "We tend to treat it as if it’s the women’s fault," Davis said. "When police officers are called to the same scene time after time, we hear comments like 'We can’t believe you called us again.' They never say, 'Why is he hitting you again?'" Ventura agreed. "'Why does she stay?' is the first question we ask. We need to focus on the crime, not the victim." Davis and Ventura also are working on a project about temporary protection orders issued in domestic violence cases. "We found that they really don’t protect the victim," Ventura said. "But issuing one did increase the likelihood of later convictions." Davis added, "There is a place for it, provided the order is actually enforced."

They hope that their research will lead to changes in the way that domestic violence cases are handled. "Individual intervention can’t exist outside of a larger system — we need to work together on domestic violence cases," Davis said. "We need to accept responsibility for it as a system and give domestic violence the attention it deserves," Ventura added.

To read a copy of "Domestic Violence: Court Case Convictions and Recidivism" in Toledo, visit http://uac.utoledo.edu/Publications/Davis-Ventura-domestic-violence.pdf.