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domestic violence question

  • 08-12-2008 5:29pm
    #1
    metrovelvet
    Closed Accounts Posts: 9,376 ✭✭✭


    Are married women more protected under the law more than unmarried women in domestic violence situations? If yes, how so?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,552 Mod ✭✭✭✭johnnyskeleton


    metrovelvet wrote: »
    Are married women more protected under the law more than unmarried women in domestic violence situations? If yes, how so?

    As regards the prosecution of offences, no. Assault is assault, sexual assault is sexual assault, harassment is harassment and rape is rape irrespective of the relationship between the victim and the offender.

    Whether a garda/judge/jury is more/less likely to believe a claim from a married or unmarried woman is unknowable, but I would say that there is little difference in reality. It used to be assumed that a married woman could not be raped by her husband (which puts the married woman at a disadvantage), but this has not been the case for a good 18 years or so.

    As regards obtaining a barring/safety order, an unmarried woman is disadvantaged if she doesn't meet the criteria to obtain a barring/safety order (i.e. lived together for 6 out of 12 months) and she may also be disadvantaged if the house is in her partner's sole name*. However, wrt this latter it makes sense as she doesn't have any legal claim to the home, and her equitable rights are somewhat illusory.

    This sounds like an essay type question, what sort of slant is on it?

    *it's slightly more nuanced but this is the rough and ready version.


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