1824 A decision by the Mississippi Supreme Court in Bradley v. State 2 Miss.
(Walker) 156 (1824), allows a husband to administer only "moderate chastisement in cases of emergency. . ." 3 4
1829 In England, a husband's absolute power of chastisement is abolished. 5
1845 Sweden passes an Inheritance Law that gives women and men equal inheritance rights. 4
1857 A Massachusetts court is the first to recognize the spousal rape exemption. The court in Commonwealth v. Fogerty, relies solely on Lord Hale's staement (1500's) in recognizing in dictum that marriage to the victim was a defense to rape. 3
1861 John Stuart Mill writes The Subjection of Women, but waits 8 years to publish it because he did not think the public was ready to accept his essay. 3 He pleads for Parliament to reform the divorce laws to allow women to divorce on the grounds of violence and cruelty. 1
1866 The Amerian Society for the Prevention of Cruelty to Animals is formed. It predates the founding of the Society for the Prevention of Cruelty to Children, established in 1875. Both predate any organization aimed at preventing cruelty to women. 3
1867 A man in North Carolina is acquitted of giving his wife three licks with a switch about the size of one of his fingers, but smaller than his thumb. The reviewing appellate court later upheld the acquittal on the grounds that the court should "not interfere with family government in trifling cases." 4
1868 The Treaty of 1868 is negotiated between General Sherman and the Navajos. General Sherman insists that the Navajos select male leaders, thereby stripping women of their ability to participate in decision making. The alien law destroys traditional relationships and concentrates power in the hands of male leaders. "Anglo" paternalism and patriarchy are introduced to Navajo men who learn several "traditions" including robbing women of economic and political power, and wife-beating. 4
1871 Alabama is the first state to rescind the legal right of men to beat their wives (Fulgrahm v. State) 3 Massachusetts also declares wife beating illegal. 5
1874 The "finger-switch" rule is disavowed when the Supreme Court of North Carolina rules that "the husband has no right to chastise his wife under any circumstances." The court goes on to say, "If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze and leave the parties to forget and forgive." 4
1878 Francis Power Cobbe publishes Wife Torture in England. She denounces the treatment of wives in Liverpool's "Kicking District." She documents 6,000 of the most brutal assaults on women over a 3 year period who had been maimed, blinded, trampled, burned and murdered. Cobbe presents a theory that abuse continues because of the belief that a man's wife is his property. 3, 5 Her concerns are moved forward by male parliamentarians and the Matrimonial Causes Act is passed. The Act allows victims of violence to obtain a legal separation from the husband; entitles them custody of the children; and to retain earnings and property secured during the separation. Such a separation order can only be obtained if the husband has been convicted of aggravated assault and the court considers her in grave danger. 1
1880's In England, the law is changed to allow a wife who had been habitually beaten by her husband to the point of "endangering her life" to separate from him, but cannot divorce him. 3
1882 Maryland is the first state to pass a law that makes wife-beating a crime, punishable by 40 lashes, or a year in jail. 3
1886 A lower court in North Carolina, as a result of the 1874 North Carolina Supreme Court ruling, declares that a criminal indictment cannot be brought against a husband unless the battery is so great as to result in permanent injury, endanger life and limb, or be malicious beyond all reasonable bounds. 4
1890 North Carolina Supreme Court removes the last of the restrictions on a husband's liability and prohibits a husband from committing even a slight assault upon his wife. 4
1894 The right to administer moderate chastisement is overruled in Mississippi in Harris v. State, 71 Miss. 462 (1894). 3, 4
1895 The Married Women's Property Act (in England) makes conviction for assault sufficient grounds for divorce. 5
Late 1800's Courts begin to show signs that they might hold husbands responsible and found guilty of marital rape. In 1899, a Louisiana court in State v. Dowell condemns a husband's participation in the rape of his wife by a third party. 3
With Queen Victoria's ascension to the English throne, lawmakers begin enacting reforms regarding women. Wives can no longer be kept under lock and key, life threatening beatings are considered grounds for divorce, and wives and daughters can not longer be sold into prostitution. 3
1905 In Texas, Frazier v. State, a husband is convicted of assault with the intent to commit rape. The appellate court overturns the conviction by essentially restating Lord Hale's rule of immunity (1500's). 3
1911 The first family court is created in Buffalo, NY. In 1914, the first adult psychiatric clinic is directly linked to a court in Chicago. Professionals believe that domestic relations courts will better solve family problems in a setting of discussion and reconciliation engineered by social service intervention. This is the beginning of the systematic offical diversion and exclusion of violence against wives from the criminal justice system. 1