Concept: Domestic Violence (DV)

Introduction

This concept contains information about the domestic violence variable (DV) that can be found in the first court appearance and the disposition (outcome of the case) dataset of the Criminal Courts Automated Information Network (CCAIN) data.

This concept includes information on the data source(s) for the DV variable, background information, a description of the methods used to develop the variable, and cautions / limitations about using this indicator.

Definition

Domestic violence (also known as family violence in the criminal law context) is when someone uses abusive behaviour to control or harm a family member or intimate partner. Family violence can take many forms such as: physical abuse, sexual abuse, emotional abuse, financial abuse, or neglect. (Source: Government of Canada Criminal Justice website - About Family Violence - Accessed April 10, 2024)

Background

The Criminal Code does not specifically refer to “family violence offences,” although many Criminal Code offences could be used to charge someone with acts of domestic violence. For example, assault, sexual assault, kidnapping, and homicide.


• Physical abuse: Physical abuse is a form of family / domestic violence. It is the intentional use of force against a person without that person’s consent. Physical abuse can include: hitting, slapping, kicking, pushing, stabbing, strangling, shooting, or killing someone. All of these are acts of crime in Canada.
  
• Sexual abuse: Sexual abuse is a form of family / domestic violence. This includes any forced sexual activity and other forms of sexual coercion. All non-consensual sexual contact is a crime in Canada.
  
• Emotional abuse: Emotional abuse is a form of family / domestic violence where the abuser uses words or actions to control, frighten, or isolate someone. Emotional abuse is also known as psychological abuse. This type of abuse can include: threats, constant yelling or criticism, name calling or insults, bullying or intimidation, or keeping someone from seeing friends and family. Many forms of emotional abuse are not crimes in Canada, but they may lead to criminal offences such as threats of harm or criminal harassment (stalking).
  
• Financial abuse: Financial abuse is a form of family / domestic violence where the abuser uses money to exert control over another person. This can include forbidding a partner to work, controlling how all the money is spent, withholding money or giving an “allowance”, hiding assets, or sabotaging work or employment opportunities. Some forms of financial abuse such as theft and fraud are crimes in Canada.
  
• Neglect: Neglect is a form of family violence where a family member, who has a duty to care for another, fails to provide them with their basic needs. Spouses and common-law partners have a duty to care for each other. Adults have a duty to care for their dependent children as well as their dependent parents. Neglect can include: not providing proper food or warm clothing, failing to provide adequate health care, medication and personal hygiene, or failing to prevent physical harm. Some forms of neglect are considered crimes in Canada, this includes child abandonment and the failure to provide the necessities of life.

(Source: Government of Canada Criminal Justice website - About Family Violence Forms of violence - Accessed April 10, 2024).

Methods

The domestic violence variable (DV) is found in the Criminal Courts Automated Information Network (CCAIN) dataset using the first court appearance and the outcome of the case (disposition) dataset. The justice system identifies domestic violence from court hearings, disposition records, and the evidence gathered by police. This information can be assessed through the justice prosecution (PRISM) and disposition (CCAIN) datasets. An incident of DV is present when an individual appears as a victim of a domestic violence incident in a linked prosecution-disposition record where the accused has a disposition record asserting the outcome of the domestic violence charge related to the victim. Prosecution records identify the victim and the accused based on information initially provided by the police and are subsequently updated as the case moves through the justice system. Disposition records are cross-referenced to prosecution records which contain information on the charges and corresponding sentences that apply to the accused.

Cautions/Limitations

Domestic violence and abuse often goes unreported due to fear and financial dependence. Therefore, domestic violence incidents found in the justice system dataset will usually represent the more extreme cases involving severe or repeated violence.

It is also possible to capture some domestic violence (DV) incidents using the police_incident_type variable with response ‘Domestic/Family Trouble’ in the Prosecution (PRISM) dataset. However, DV incidents are limited to incidents reported to the Winnipeg Police Services (WPS).