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25 Yale J.L. & Feminism 51 (2013-2014)
Breakups

handle is hein.journals/yjfem25 and id is 57 raw text is: Breakups Deborah Tuerkheimert ABSTRACT: This Article identifies an overlooked criminalization gap. While the existence of a private sphere in which violence is allowed has been formally repudiated, a subtler form of legal immunity persists. Relationship status-that is, whether or not a couple is involved in an ongoing relationship-continues to construct crime. Though physical violence between intimate partners is categorically outlawed, patterns of controlling behavior that encompass physical violence may or may not be lawful. These patterns of controlling behavior are legally permitted when two people are together. Yet these same patterns become illegal if, and only if, the couple separates. The law thus prohibits behavior that it permits before the breakup. I call this the de facto separation requirement and offer a conceptual framework that explains its endurance. On analysis, the differential treatment of pre- and post-breakup patterns cannot be justified. INTRODUCTION .................................................. ........ 52 I. BATTERING/STALKING.................................................. 54 A. Control in Ongoing Relationships.......................55 B. Control in Ruptured Relationships..... ..................61 II. LAW'S RELATIONSHIP EXEMPTION......................................64 A. Obscuring Patterns: The Case of Domestic Violence................64 1. The Problem of Time.............. ..... ...........65 2. The Problem of Injury ..............................65 B. Criminalizing Patterns: The Case of Stalking ..... ..........66 C. The De Facto Separation Requirement ......................72 1. State v. Vigil ............................ ..........74 2. People v. Zavala .....................................75 3. People v. Mustafa Sirat ................. ... .........77 t Professor of Law, DePaul University College of Law. J.D., Yale Law School; A.B., Harvard College. My appreciation goes to Sarah Bucl, Andrew Gold, Cheryl Hanna, Bobbi Kwall, Carolyn Brooks Ramsey, Song Richardson, and Frank Tucrkhcimer for helpful conversations and suggestions, to Tiffany Watson for research assistance, and to Dean Gregory Mark for his support of scholarship. I am also grateful for the feedback received at the AALS panel on Rethinking State Intervention in Intimate- Partner Violence. Copyright ( 2013 by the Yale Journal of Law and Feminism

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