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49 Am. Crim. L. Rev. 1777 (2012)
It's Complicated: Privacy and Domestic Violence

handle is hein.journals/amcrimlr49 and id is 1817 raw text is: IT'S COMPLICATED: PRIVACY AND DOMESTIC VIOLENCE Kimberly D. Bailey* ABSTRACT This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has positive and negative aspects, and this Article examines the value more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their person- hood, ensuring they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims' lives that limitations are needed to prevent the threat of state abuse. These protections are particularly important for poor victims and victims of color who are more vulnerable to such abuses. In many cases, a domestic violence victim's choice not to pursue the arrest and prosecution of her batterer should be respected by state authorities. In addition, no victim should be required to cooperate as a witness against her batterer INTRODUCTION ............................................... 1778 I. HOW THE BATTERED WOMEN'S MOVEMENT CHANGED THE NATIONAL CONVERSATION ABOUT DOMESTIC VIOLENCE .......... 1781 II. PRIVACY AND DOMESTIC VIOLENCE VICTIMS .................. 1785 A. Privacy and the Supreme Court ...................... 1786 B. What is at Stake for Domestic Violence Victims? .......... 1789 1. Valuing the Domestic Violence Victim's Personhood ... 1789 2. The Anti-Totalitarian Value of Privacy .............. 1791 a. Mandatory Policies and State-Imposed De Facto Divorce ................................. 1792 b. Economic Vulnerability...................... 1794 c. Safety................................... 1796 d. Loss of Children........................... 1797 e. The Stigmatic Nature of the Criminal Justice System ................................. 1799 * Assistant Professor of Law, Chicago-Kent College of Law, B.A., Indiana University; J.D., The University of Michigan Law School. I would like to thank Lori Andrews, Katharine Baker, Felice Batlan, Bart Brown, Leigh Goodmark, Sarah Harding, Steven Heyman, Clare Huntington, Harold Krent, Martha Minow, Melissa Murray, Christopher Schmidt, Carolyn Shapiro, Deborah Tuerkheimer, and participants in the 2010 University of Illinois/Chicago-Kent College of Law Colloquium for their very helpful comments on various drafts of this paper. D 2013, Kimberly D. Bailey. 1777

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