Publication Date

2016

Abstract

Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because reentering survivors' criminal histories place them outside of the traditional conception of a “real” victim of domestic violence, many domestic violence agencies deem them ineligible for services and assistance. Despite the serious challenges experienced by reentering survivors, this intersection has received very little attention from scholars and activists. This Article exposes the structural invisibility of reentering survivors within the criminal legal system and the domestic violence movement. An analysis of both the criminal legal system's shift from rehabilitation to “tough on crime” platforms and the domestic violence movement's transition away from grassroots activism toward criminal intervention reveals how reentering survivors have become caught in a double bind that threatens both their liberty and their safety. Reentering survivors risk being reincarcerated for failing to successfully reintegrate into their communities, yet they struggle to access the resources they need to achieve stability and safety. This Article builds on recent scholarship urging domestic violence advocates and activists to embrace reforms addressing the needs of marginalized survivors. In addition to recognizing reentering survivors as legitimate victims of domestic violence, this Article recommends that the domestic violence movement reevaluate its emphasis on criminalization and instead prioritize economic empowerment and community economic development.

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