Can We Lose the Battle and Still Win the War?: The Fight against Domestic Violence after the Death of Title III of the Violence against Women Act

DePaul Law Review, Nov 2014

By Jennifer R. Hagan, Published on 03/01/01

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Can We Lose the Battle and Still Win the War?: The Fight against Domestic Violence after the Death of Title III of the Violence against Women Act

Can We Lose the Battle and Still Win the War?: The Fight against Domestic Violence after the Death of Title III of the Violence against Women Act Jennifer R. Hagan 0 Recommended Citation 0 Jennifer R. Hagan, Can We Lose the Battle and Still Win the War?: The Fight against Domestic Violence after the Death of Title III of the Violence against Women Act , 50 DePaul L. Rev. 919 (2001) Available at: https://via.library.depaul.edu/law-review/vol50/iss3/6 - Article 6 The time when a woman had to suffer-in silence and alone-because the criminal who abuses her happens to be her husband or boyfriend is on its way to becoming ancient history . . . but just because we have had some success does not mean we can become complacent and abandon the fight against domestic violence .... I It only took a year for Vincent Doan to kill Carrie Culberson. 2 On the morning of August 29, 1996, Debra Culberson awoke to find her worst fears had become a reality. Her daughter Carrie was missing and last seen 3 in the company of her ex-boyfriend Vincent Doan. 4 Debra had good reason to fear for her daughter's life because over the previous nine months Carrie had repeatedly suffered physical and mental abuse at the hands of Doan. 5 Doan had been vicious and violent towards Carrie, oblivious to who was around when he threatened or hit her.6 In fact, Debra and her family had even witnessed incidents, which had become progressively 1. Biden Webpage, infra note 455. 2. Although Carrie Culberson's body was never found, her disappearance was ruled a homicide. See Culberson v. Doan, 65 F. Supp.2d 701, 704 (S.D. Ohio 1999) . These facts were reiterated in the pleadings and facts of the cited case in which Clarissa (Carrie) Culberson's estate and her family brought suit against Doan claiming his "actions against Carrie were based primarily on account of her gender in violation of the Violence Against Women Act, 42 U.S.C. ยง 13981 (VAWA I)." Id. Doan challenged the constitutionality of the VAWA I on its face and as applied, claiming it was beyond the Commerce Clause powers of Congress. See id. The district court held that the VAWA I was constitutional under the Commerce Clause and consistent with other civil rights legislation enacted by Congress. See id. at 714. 3. Id. at 703. Doan's neighbor was the only witness to come forward and claim to have seen Carrie on the day of her disappearance. See id. 4. Id. The witness testified that around 1:30 that morning he had seen Doan hitting Carrie on the head. See id. 5. As in many domestic abuse cases, the violence in the relationship had escalated over time. The family actually witnessed at least one occurrence when Doan attempted to hit Carrie. See id. In July of 1996, Doan had thrown Carrie across the room and hit her in the head with a metal object, causing her to need surgical staples in her scalp. See id. Three days before she disappeared, Doan had held Carrie at gunpoint in a barn. See id. 6. See Culberson, 65 F. Supp.2d at 703. more violent, in their own home. 7 Only one month before Carrie disappeared, Doan had attacked her so brutally that, as a result of the injuries, Carrie required surgical staples in her scalp.8 Debra's fear for her daughter's life stemmed not only from the fact that Carrie had last been seen with her violent ex-boyfriend but also because she had reason to believe that the police would not do anything until it was too late.9 Over the previous two years, Debra and Carrie had filed numerous criminal reports documenting Doan's violent behavior and the threats that he made against Carrie. 10 However, the police never filed charges. 1' Although this incident was not the first time that Doan had hit Carrie, it would be the last time. Even if they had tried, the police could not have done anything.' 2 It was too late for Carrie. 13 Debra would never see her daughter again. One year after Carrie Culberson's disappearance, a jury found Vincent Doan guilty of aggravated murder and sentenced him to life imprisonment without parole.' 4 Sadly, Carrie's story is not unusual, 15 7. According to Debra, Doan had attempted to physically assault Carrie in her home and when Debra refused to get out of the way and attempted to intervene, Doan assaulted Debra. See id. 8. See id. 9. Id. Carrie and her family had called the police to file criminal reports against Doan at least four out of the five times he had attacked Carrie in recent months, yet no charges were ever filed against him. See id. In fact, on the day that Debra reported Carrie missing the police chief, who filed the missing persons report, made sure to visit Doan's best friend, Baker (later arrested as an accomplice) to warn him that Doan was now a suspect. See id. 10. Id. 11. See id. Debra testified that when she reported her daughter missing to the Police Chief of Blanchester, she reminded him of the threats Doan had made to Carrie and the criminal reports she had filed. See id. Debra claimed that the Chief responde (...truncated)


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Jennifer R. Hagan. Can We Lose the Battle and Still Win the War?: The Fight against Domestic Violence after the Death of Title III of the Violence against Women Act, DePaul Law Review, 2014, pp. 919, Volume 50, Issue 3,