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Domestic Violence Against Women with Disabilities: A Feminist Legal Theory Analysis

The incidence of domestic violence against women with disabilities is high. However, despite this high incidence, little feminist legal scholarship has addressed the issue. The aim of this paper is to use the lens of feminist legal theory to examine the issue. There is a domestic violence service infrastructure by which victims/survivors of domestic violence effect their escape from domestic violence. This infrastructure includes, but is not limited to, law enforcement, prosecution offices, the court system and non-profit organizations that provide shelters and other services. This paper's thesis is that this infrastructure inadequately meets the needs of women with disabilities who suffer domestic violence and that feminist legal theory provides insight as to why this is the case and as to how the problem can be most effectively remedied. Part II will give a brief background of domestic violence scholarship and advocacy and will explain how scholars have overlooked the issue of women with disabilities who suffer domestic violence. Part III will examine myths and misconceptions about women with disabilities and will argue that these misconceptions cause women with disabilities to experience domestic violence differently from women without disabilities. Finally, and most importantly, Part IV proposes ways disabled women's access to the domestic violence service infrastructure can be increased or optimized. This part will use feminist legal theory to analyze these proposals.