Abstract
Domestic violence (DV) remains a persistent public health and forensic concern in Florida, one of the states with relatively high per capita DV rates (Florida Department of Law Enforcement [FDLE], n.d.). Studies show that increasing required DV training for medicolegal practitioners enhances early recognition and prevention outcomes (Florida Coalition Against Domestic Violence [FCADV], 2019). Despite these advances, existing statutory definitions of DV often exclude critical precursors to fatal and non-fatal outcomes, such as financial dependency, psychological coercion, and suicidal ideation, thereby limiting opportunities for early forensic identification and intervention (Fla. Stat. § 741.28, 2025). Nearly one in three women experiences DV in their lifetime, underscoring its widespread nature (European Institute for Gender Equality [EIGE], 2023-2024). Cross-jurisdictional evaluations across legal systems remain limited, despite their potential to clarify how structural and statutory differences shape the identification and reporting of DV. This study comparatively examines the United States’ common law framework and Italian legal and sociocultural frameworks, which are historically influenced by canon law traditions, as they relate to forensic documentation and adjudication of DV. The findings suggest the potential value in examining aspects of broader legal frameworks, particularly those recognizing non-physical forms of abuse, which may enhance the identification and contextualization of domestic violence within U.S. medicolegal systems. This study sample evaluates 212 closed, adjudicated forensic anthropologic case reports involving positively identified adults (144 males and 68 females). Each case contains ante- and perimortem skeletal evidence of blunt force, sharp force, or gunshot trauma, or evidence of contextual DV (as defined by Florida Statute § 741.28(2)). Statistical analysis conducted in IBM SPSS showed that blunt force trauma occurs most frequently across all cases. Within DV-associated cases, sharp force trauma was the second most prevalent injury type, while gunshot trauma occurred more frequently in non-DV cases; however, these differences were not statistically significant (p > 0.05). Although trauma frequency did not reliably predict DV involvement, DV was confirmed in 3 male cases (2%) and 16 female cases (22%), consistent with reported national and international rates (p < 0.001). These findings suggest that current statutory frameworks within common law systems may be limited in their ability to fully recognize and respond to domestic violence cases when abuse occurs through coercive control, psychological violence, and other non-physical patterns rather than overt physical trauma.
Canon law provides broader recognition of DV by incorporating psychological and economic abuse into its legal code. Public survey data from Italy suggest a general decline in physical, financial, and emotional abuse since 2013, despite slight increases in sexual violence and threats of harm (Italian National Institute of Statistics [ISTAT], n.d.). These trends suggest that while physical violence may be less frequently reported in Italy, psychological and economic forms of abuse remain significant components of domestic violence, reflecting the broader recognition of non-physical abuse within canon law frameworks.
These findings discuss the importance and need for more inclusive statutory definitions, enhanced standards for medicolegal documentation, and coordination among forensic and legal professionals. By integrating these perspectives from forensic science, anthropology, criminology, and jurisprudence, this research demonstrates how structural and legal frameworks shape the identification and adjudication of DV. While Italy and the United States recognize DV as a widespread issue, these differences in legal interpretation, prosecution, reporting mandates, and survivor support reveal the necessity of globally informed forensic policy reform, reporting needs, and survivor support structures.
Key Words: Domestic Violence, Death Investigation, Trauma Analysis