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Directions in Sexual Harassment Law$
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Catharine A. MacKinnon and Reva B. Siegel

Print publication date: 2003

Print ISBN-13: 9780300098006

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300098006.001.0001

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Why Doesn't He Leave?

Why Doesn't He Leave?

Restoring Liberty and Equality to Battered Women

(p.535) 31 Why Doesn't He Leave?
Directions in Sexual Harassment Law

Diane L. Rosenfeld

Yale University Press

This chapter describes the injustice faced by battered women and poses an important question: Why, after a woman has been beaten by her intimate partner, should she be forced to seek shelter outside of her home, while her abuser is free to roam the streets and terrorize her? The answer, the author proposes, lies in the creation of batterer detention facilities to house batterers after a domestic assault. Detaining the abuser would appropriately redistribute liberty back to the woman who was victimized by the violence. Subject to a hybrid of civil commitment and criminal responsibility, the batterer would be both punished through the detention and treated through intense therapy. The woman, on the other hand, would be able to remain safely in her home and not be forced to uproot herself—and perhaps her children—in search of shelter.

Keywords:   battered women, batterer detention facilities, domestic assault, civil commitment, criminal responsibility, intense therapy, shelter

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