Courts and judges are powerfully situated to lead an effort to address intimate partner sexual abuse, and by doing so, support and validate victims and hold offenders accountable while directing them to more effective intervention. Based on the material presented throughout this course and the suggestions in Domestic Sexual Assault: A New Opportunity for Court Response by Judith Berman, a research paper funded by the State Justice Institute, this section suggests ways to improve the judicial response to intimate partner sexual abuse in courtrooms and communities.

Tools for Lasting Resolutions

Most cases involving intimate partner sexual abuse come to court under the heading domestic violence. Judges who handle domestic violence cases quickly come to recognize that these cases are different from other types of criminal cases, which most often focus on the factual and legal questions arising from a past, completed event—whether, for example, robbery took place in the time and manner alleged by the prosecution. Domestic violence cases, in contrast, are ongoing events. Multiple concerns—emotional, legal, financial, cultural, parental—may pull the victim and offender together again and again, with increasingly negative results. A court seeking to attain stability and safety for the victim and her children as well as accountability for the offender is faced with many knots to untangle.

These challenges increase when intimate partner sexual abuse is added to the picture. Because it is so hidden, accurate factual determinations may be harder to obtain, as evidence is lacking. Danger may be significantly increased. Effective and safe resolutions may be more difficult to define and attain. While significant research has heightened understanding of effective handling of domestic violence cases, and, to a lesser extent, treatment of sex offenders, expertise in the area of batterers who are also sex offenders is limited. Similarly, while services for battered women as well as rape crisis centers are now found in many communities, support for persons who experienced both physical and sexual abuse at the hands of the same person is limited. A well-informed judge can provide critical guidance and wisdom in addressing these intersecting issues of domestic violence and intimate partner sexual assault.