Pulling the Trigger: Separation Violence as the Basis for Battered Women

Marisa S. Cianciarulo, Chapman University School of Law
Dr. Cladia David

Abstract

Maria Elena fears for her life. For years she has lived under the rule of a despot intent on maintaining absolute control of his realm. As a member of a historically oppressed tribe with few political rights, Maria Elena is a prime target for the dictator’s calculated methods of maintaining control. He has randomly imprisoned, tortured, beaten, and threatened to kill Maria Elena over a period of several years. The torture is worse when Maria Elena takes any action that challenges the despot’s absolute authority.

In this scenario, the classic refugee described above would apply for refugee protection in the form of asylum after reaching safety in the United States. She would claim asylum on the basis that she fears persecution in the form of torture and possible death. There would be little question as to the basis of her claim.

Nevertheless, it is likely that Maria Elena will not be entitled to the same protection as the classic refugee.