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23 Okla. City U. L. Rev. 433 (1998)
A Comparative Survey of the Historic Civil, Common, and American Indian Tribal Law Responses to Domestic Violence

handle is hein.journals/okcu23 and id is 439 raw text is: A Comparative Survey of the Historic Civil, Common,
and American Indian Tribal Law Responses to Domestic
Violence
Virginia H. Murray
In this Article, the author addresses the issue of domestic
violence by examining the reasons behind domestic violence and
the historical responses of the Roman civil law, Anglo-American
common law and American Indian tribal law to the violence.
The author argues that understanding why domestic violence oc-
curs, and how these legal systems historically responded to the
problem, may prevent domestic violence in the future.
I. INTRODUCTION
By some estimates, there are as many as four million incidents of
domestic violence per year in the United States.! The Federal Bureau of
Investigation has released statistics showing that a woman is beaten
every eighteen seconds, that domestic violence is a leading cause of
injury to women in the United States,2 and that one-half of all homeless
women are refugees from domestic violence? In fact, the likelihood of a
woman being assaulted by a member of her family is more than two
hundred times greater than the risk of being assaulted by someone who is
Assistant Attorney General, Litigation Division, State of Missouri; J.D. and Certificate
in Tribal Lawyering, University of Kansas, 1997; B.S., Marymount University, 1993. The
author would like to thank the Honorable Mary T. Wynne, Chief Judge of the Colville
Tribal Court, and Professors John Head and Robert B. Porter, Jr., of the University of
Kansas School of Law, for their encouragement and assistance.
1. See Women and Violence: Hearings Before the Senate Comm. on the Judiciary, 101st
Cong., 2d Sess. 117 (1990) (statement of Angela Browne, Ph.D.), microformed on Sup.
Docs. No. Y4.J89/2:S. Hrg. 101-939 (U.S. Gov't Printing Office).
2. Donna Moore, Editor's Introduction: An Overview of the Problem, in BATIRED
WOMAN 7-14 (Donna Moore ed., 1979).
3. See Gretchen P. Mullins, The Battered Woman and Homelessness, 3 J.L. & POL'Y
237, 244 n.43 (1994).

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