Commissioner's Report
| Jurisdiction | Utah,United States |
| Citation | Vol. 5 No. 3 Pg. 6 |
| Pages | 6 |
| Publication year | 1992 |
Reaching Out to the Victims of Domestic Violence
Denise A. Dragoo, J.
This month marks the second anniversary of the Judicial Council's release of the Report of the Utah Task Force on Gender and Justice published in March, 1990 ("Report"). The mission of the Task Force as initially defined by Chief Justice Hall was to determine "the ways in which inappropriate gender-related attitudes and behaviors can influence the primary mission of the courts, of dispensing justice in an evenhanded manner to all". To the surprise of many, the Task Force findings and recommendations were not limited to the courts but extended into societal concerns. The Task Force found gender bias not only in judicial selection, courtroom interaction and in court employment, but also in the administration of justice in domestic relations and domestic violence. The Task Force findings on domestic violence were perhaps the most surprising, revealing an urgent need for redress. The Judicial Council challenged the Bar, the judiciary, the legislature, law enforcement and social services to respond to the victims of domestic violence and to inadequacies in the Utah law governing spouse abuse.
During public hearings throughout the State, the Task Force found the quantity and nature of testimony involving spouse abuse to be, in its own words, "shocking." (Report p.45). The Task Force estimated that 34, 600 women are abused each year in Utah; while only 1 in 10 cases of abuse are reported. Of equal concern were Task Force findings that law enforcement officers, prosecutors and judges routinely regard domestic violence as less serious than other crimes. A Utah district court judge is cited by the Task Force as stating on the record in a divorce proceeding, "I have difficulty finding where this Defendant's (the husband) done anything wrong other than slapping her (his wife). Maybe that was justified." (Report p.44) citing Marchant v. Marchant, 743 P.2d 199 (Utah, 1987). Compounding minimization of domestic violence, the Task Force found widespread confusion and ignorance by both victims and law enforcement personnel as to remedies available under Utah law. The procedures for handling domestic violence were also found to vary significantly, ranging from a mandatory arrest policy in certain urban areas to a "hands off policy in some rural areas.
To address these concerns, the Task Force sought the strengthening of...
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