Fortunately I don't think there's any "provocation" defense to murder in this state (WA). "Crimes of passion" aren't manslaughter they're murder 2nd.
Um, but "Enough" pissed me off because you know what isn't self-defense? Concocting a hyper-elaborate plan involving knives hidden in pillows and in the rafters, then luring your ex into the house so you can proceed to stab him. Nice try though J.Lo.
@ClementinedeWinter: Freals. Also you know what else pissed me off? "Self-defense isn't murder". YES IT IS!!! If successful it just means you had a really good excuse!
Of course, if a man just "took" abuse and didn't fight back, he'd be seen as weak--or, in the case of domestic abuse, henpecked/pussywhipped. It's lovely.
@missteenwordpower can haz star?: It's true. When my first girlfriend (not the Lady) beat me i never fought back. I was called weak, a sissy, henpecked, everything else you could name. But i never hit because i knew the damage that i could do. All these stereotypes have got to stop..... from both sides.
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
I've had more than one self-defense instructor warn me about the justice system's bias against women who defend themselves physically in ANY way.
One instructor told me that if I ever have to defend myself physically and my attacker ends up hurt (which he SHOULD if I'm learning my moves correctly), to not say a WORD to the police before talking to a lawyer. Also that I should never let the cops know that I've had any kind of self-defense training or martial arts experience. He said I would go from being a victim in their eyes to potentially being charged with assault . . . for DEFENDING MYSELF.
And he was talking about the most obvious kind of attack, like a stranger mugging me or attempting sexual assault -- not even a situation like these where a previous relationship existed between attacker and victim/defender.
@greeneyedfem: Not saying anything to the police is a good rule of thumb all the way around.
What a shit Catch 22, though: if you don't fight back or there's no sign of you fighting back against a rapist, you're presumed to have consented. If you DO fight back, you're presumed to have overreacted and caused injury out of proportion to the offense. WTF criminal justice system? For serious?
I feel like I have to say this, even though most if not all of the women on the site already know it. 1\2 of 1 percent of all men are like this. The majority of us love you, even when we act like assholes sometimes. And the ones who try to fix it, to try and stop the cycle before it gets out of hand, are doing it because we A: were abusers or abused ourselves or B: because it's the right thing to do. So please...... don't tar all male DV abusers with the same brush as all men. We're culling those guys from our midst, or at least trying to.
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
Oh, God, why? Why do men always do this? "Hey, we're not all that bad?" It's not about you. Don't make it so. Rather, from this topic, take some knowledge and use it on men. You know that guy who always says shitty things about his girlfriend? Him. The guy who speaks sexism? Him too.
And I find it hard to believe that if so many men were on the case, that this kind of thinking would be so common still.
I'm waiting for some MRA to come in here and demand that feminists start DV shelters for men because---because----because, well, they don't want to get off their asses and do it themselves.
@Ginmar Rienne: what makes you think i don't do that now? I do. I'm a social worker. I recieve DV cases to the point where my fellow CP's call me the "DV Guy" because i volunteer for the work and i try and stop the cycle wherever i can. You can be defensive while still doing good work to stop a real ugly problem. This is what my job entails..... prevention and helping people change their situations.
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
@Nighthawk (the former Okori Wadsworth) is going to the DGUS...: The men's movement seems to stay stuck on two points. The first is that men don't really feel very good about themselves. How could you? The second is that men come to me or to other feminists and say: "What you're saying about men isn't true. It isn't true of me. I don't feel that way. I'm opposed to all of this."
And I say: don't tell me. Tell the pornographers. Tell the pimps. Tell the warmakers. Tell the rape apologists and the rape celebrationists and the pro-rape ideologues. Tell the novelists who think that rape is wonderful. Tell Larry Flynt. Tell Hugh Hefner. There's no point in telling me. I'm only a woman. There's nothing I can do about it. These men presume to speak for you. They are in the public arena saying that they represent you. If they don't, then you had better let them know.
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
There's no reason to be defensive about yourself as a man because nobody in this thread is trash talking all men. That is the point of my and JD's comments. Yours came out of nowhere and expressed how burdensome it is to be a non-abusive man among abusive ones.
And no, Dworkin didn't say all hetero sex is rape. I don't see what that has to do with the quote I posted though.
@SarahMC: I'm doing this!: Tell the rape apologists and the rape celebrationists and the pro-rape ideologues. Tell the novelists who think that rape is wonderful.
that is what I was responding to. And what I was saying is that there is always a desire, at least here, to remind people that this is a situation that some people are working to change.
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was starred
Nighthawk (the former Okori Wadsworth) is headed back to DGUSA in November! was unstarred
@Ginmar Rienne: Wow, why don't you look at the big picture, instead of picking little details and beating those points with a stick past its death?
HE'S TRYING TO DEFEND HIS GENDER! It's true that not all men are like this, though some of them are. But why are you attacking him? I just don't see a really good reason for it. But maybe I'm just a really uneducated dingbat and since I fail to see the errors in his ways, maybe I can't call myself a feminist anymore! But in all honesty, it seems like you're attacking a man who wants a better understanding of the struggles that women go through. Is it right to deny him some education on the matter? I don't think labeling him with "all men" is really getting anywhere.
Also, I think it's kind of pointless to EXPECT men to know the right answer to this issue. These men who abuse, hold misogynistic views and exploit women are unfortunately lost causes that probably won't change their minds. And if you WANT men to start thinking about sexism, racism and feminism in a neutral or positive light, that's where you have EDUCATION. Teach the boys that it's not right to touch a girl without her permission. Teach them it's not right to judge a girl by her looks and how big her tits are. Teach them respect for women and other people. Teach them that "no" means "no". Education is power, and with enough time and patience, things may definitely change.
@SarahMC: I'm doing this!: "There's no point in telling me. I'm only a woman. There's nothing I can do about it."
This strikes me as a rather disingenuous statement from someone who spent her life trying to change society and the ways it regards gender issues. "I'm only a woman"? Goodness.
There's a common misconception that women don't snap which is of course directly contradictory to the common notion that women are overly hysterical. A woman who shows no emotion is seen as cold, distant, psychopathic even. And if this is a woman in an abusive situation people often think that she is driving the man to beat her just to get a rise out of her. If she is the kind of woman that reacts then she is provoking him.
When she finally snaps and kills him it isn't seen as a sudden response to stimuli or a response to an overwhelming situation. She must have planned it. And I think this is what usually causes the higher prison sentence---this fear that a woman would be so "cold" so as to sit and plot how to kill a man. It freaks the patriarchal psychology part of the brain that we all have out. Because it plays with two very "subversive" ideas: a) a woman can plan and execute, b) a woman can take life. Cue cauterwaulling.
I think people always have this bias that in fight or flight situations women should always flee. But in an abusive situation sometimes there's nowhere to flee to--the dude is between you and the door. In that case the only way to get to the door is to get through the dude.
@rumpelshowsskin: I mean, you are allowed to kill to defend PROPERTY in some jurisdictions. But not to save my life and the life of my children? It just says to me that women's lives are worth nothing.
I go to Maggie Atwood: "the average jail sentence in the U.S. for men who kill their wives is four years, but for women who kill their husbands -- no matter what the provocation -- it's twenty. For those who think equality is already with us, I leave the statistics to speak for themselves."
@betty.black: That reminds me of something I read in a book (I think it was A History of Marriage) that explained why there was a much harsher penalty for women killing their husbands. Men were seen as little kings, so husband killers were treated as traitors. They were a political threat, a threat to the patriarchy and natural order.
delightful to see that nothing has changed all that much in the past 300 years!
This is heart breaking all around. I can't say unequivocally where I stand with women who are alleged victims of domestic assault that eventually kill their attackers. Some cases seem suspicious in that the battered woman's defense is just a means of trying to get off and there is no evidence to support the claim while in other cases I'll read and wonder why it took her so long to fight back. I can't remember a single time though that I've read a case where a man claims that he "saw red" and murdered a lover where it seemed justified though. I just can't get the argument behind that at all.
@Chivone: You might do some more reading on victims of DV and the cycle of abuse. It takes women a "long time" to fight back for a number of reasons, among them fear that the attacker will abuse a proxy (child, pet) if she calls the police or tries to leave, a belief fostered over time via isolation and criticism that she deserves her abuse and if she behaved herself she wouldn't need to be disciplined, a sense of hopelessness regarding her options if she tries to escape (no friends, family, access to money, etc), the fact that unless he's convicted, going to the police could place her in more danger (even if he's eventually convicted, he won't be held without bail on a DV charge), and so on. I'm by no means an expert, but domestic abuse is a lot more complicated than just removing oneself from a bad situation.
And I see your point about the possibility that a woman could argue DV when she's really a cold-blooded murderer, but just remember how often Dude Nation shouts about false rape accusations and who is REALLY served by the idea that women are lying, conniving bitches. 99 times out of 100, a woman who defends the murder of her partner on DV grounds is telling the truth. It's just that that ONE woman who lied gets an episode of American Justice and a couple MSNBC specials done on her.
The provocation defence men use in the case of killing a female partner is so commonly used in the UK it is colloquially known as the 'nagging and shagging' defence...
From what I understand about the cases where the "provocation" partial defence was used here in Victoria, the provocation were often centred around slights upon a mans virility, sexual dominion over their partner/estranged partner and their sexual prowess. Gaaaaaah!
Srsly? For shit's sake men - boo-fucking-hoo. Your wife jibes you about if you're overcompensating for something when you look for a new car and that's enough to provoke MURDER? I completely get your anger/despondency-related typo now.
@marionette: The last case before it was stricken from the books involved a bloke who claimed that his estranged wife had unfavourably compared his bedroom skills to her new bloke, or something. Oooh, and any word about his (officially unreported, if memory serves) abuse towards her was not able to be used in the trial! Double fun!
@Fridge Hussy : You Do The Meth!: Yes, I like to refer to it as the "dick defense," here in New York. There are cases where the defense was allowed because a woman left a man sexually unsatisfied, where a woman taunted a man for not getting it up, and numerous cases where men killed women for cheating or suspected cheating. I really wish there was no defense of extreme emotional disturbance for anyone. It is basically asking a jury to determine whether the killer had a reasonable enough excuse for killing someone, and I think that leads to trouble. Someone who kills in the heat of passion is not necessarily safer than someone who plans out a murder, depending on what the motivations are for the murder.
Right now I'm working on a case where the defendant successfully used EED as a defense a certain number of years ago because he killed his girlfriend when she told him she was leaving him. His counsel argued that what happened was a lover's quarrel, and anyone who learned that his girlfriend was leaving him also would have been that upset. He also stated that, "given the chance to do it again, defendant would certainly not allow his emotions to control him." Defendant got two years. Well, he got that chance again a year ago, when he got angry at another girlfriend because she allowed his brother to visit their child, even though the defendant and the brother were not on speaking terms. Funny thing is, he killed her in the exact same way as the first girlfriend, and is now claiming EED again, because he was "upset" that his girlfriend was "not being loyal." Basically this defense is just, "I got really pissed off so I killed someone." No fucking shit. Aside from bank robberies, gang violence and drug deals gone wrong, most people kill other people when they're pissed off!
I realize that my hatred of this defense means that women who are abused couldn't use it either, but it just seems to me like women aren't really using it successfully, I didn't really find any case law where women used it. That still leaves self-defense as a defense to murder for abused women, but as people have pointed out, that means you are then hoping that during an episode of abuse, a woman who is probably smaller and possibly weaker will have to prevail in a fight.
Another of the issues is that women usually have to plan killing their abusers to a certain extent because we don't have the strength (physically) to just "lose control" and kill with our bare hands. Upper body strength FTW, I suppose.
@J.D.Regent: Yeah. The whole diminished capacity argument doesn't nearly get as much credence when a woman has to plan the murder because of the irrationally rational time requirement placed on it.
@Trulymadlyme: and that just goes back to how the rules of evidence are based on totally unscientific assumptions about human psychology and neurobiology based on the assumptions of early twentieth century white male jurists. Which I believe is really at the root of the repeated failures of the system to deal with harms unique to women.
@J.D.Regent: Yeah, when I was abused and fought back, it definitely just resulted in more abuse. I actually had lots of opportunities to kill him (weapons all over the house) but I couldn't do it because I didn't see myself as a killer. He was severely injured once at home, and I was about three steps out the door, ready to let him die alone, but I couldn't. I just didn't do it. Sometimes I look back and wonder what would have happened if I had kept walking. But I think that a lot of women have Stockholm Syndrome, and really don't want to hurt their abuser. They just want the abuse to stop.
"The judge in McGrail case, meanwhile, expressed "every sympathy" for him, and said his wife "would have tried the patience of a saint." He got a two-year suspended sentence."
Let me get this straight, this judge thinks the punishment for being a bad wife should be harsher than that for murdering said wife?
@cocktail bun: Apparently "you should have just left him/her" is good enough for the victims of habitual violence and intimidation, but not good enough for the victims of habitual nagging and annoyance. Good to know.
See, women are supposed to be grateful just to be allowed to exist. Anything more than that, anything that suggests they want more is an attempt at rebellion. They have to be punished.
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Um, but "Enough" pissed me off because you know what isn't self-defense? Concocting a hyper-elaborate plan involving knives hidden in pillows and in the rafters, then luring your ex into the house so you can proceed to stab him. Nice try though J.Lo.
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One instructor told me that if I ever have to defend myself physically and my attacker ends up hurt (which he SHOULD if I'm learning my moves correctly), to not say a WORD to the police before talking to a lawyer. Also that I should never let the cops know that I've had any kind of self-defense training or martial arts experience. He said I would go from being a victim in their eyes to potentially being charged with assault . . . for DEFENDING MYSELF.
And he was talking about the most obvious kind of attack, like a stranger mugging me or attempting sexual assault -- not even a situation like these where a previous relationship existed between attacker and victim/defender.
06/26/09
What a shit Catch 22, though: if you don't fight back or there's no sign of you fighting back against a rapist, you're presumed to have consented. If you DO fight back, you're presumed to have overreacted and caused injury out of proportion to the offense. WTF criminal justice system? For serious?
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Oh, God, why? Why do men always do this? "Hey, we're not all that bad?" It's not about you. Don't make it so. Rather, from this topic, take some knowledge and use it on men. You know that guy who always says shitty things about his girlfriend? Him. The guy who speaks sexism? Him too.
And I find it hard to believe that if so many men were on the case, that this kind of thinking would be so common still.
I'm waiting for some MRA to come in here and demand that feminists start DV shelters for men because---because----because, well, they don't want to get off their asses and do it themselves.
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And I say: don't tell me. Tell the pornographers. Tell the pimps. Tell the warmakers. Tell the rape apologists and the rape celebrationists and the pro-rape ideologues. Tell the novelists who think that rape is wonderful. Tell Larry Flynt. Tell Hugh Hefner. There's no point in telling me. I'm only a woman. There's nothing I can do about it. These men presume to speak for you. They are in the public arena saying that they represent you. If they don't, then you had better let them know.
-Dworkin
06/26/09
but i think she considered rape to be all forms of heterosexual sex yes? or is my stupid low-grade male brain remembering that wrong?
06/26/09
There's no reason to be defensive about yourself as a man because nobody in this thread is trash talking all men. That is the point of my and JD's comments. Yours came out of nowhere and expressed how burdensome it is to be a non-abusive man among abusive ones.
And no, Dworkin didn't say all hetero sex is rape. I don't see what that has to do with the quote I posted though.
06/26/09
that is what I was responding to. And what I was saying is that there is always a desire, at least here, to remind people that this is a situation that some people are working to change.
06/26/09
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06/27/09
HE'S TRYING TO DEFEND HIS GENDER! It's true that not all men are like this, though some of them are. But why are you attacking him? I just don't see a really good reason for it. But maybe I'm just a really uneducated dingbat and since I fail to see the errors in his ways, maybe I can't call myself a feminist anymore! But in all honesty, it seems like you're attacking a man who wants a better understanding of the struggles that women go through. Is it right to deny him some education on the matter? I don't think labeling him with "all men" is really getting anywhere.
Also, I think it's kind of pointless to EXPECT men to know the right answer to this issue. These men who abuse, hold misogynistic views and exploit women are unfortunately lost causes that probably won't change their minds. And if you WANT men to start thinking about sexism, racism and feminism in a neutral or positive light, that's where you have EDUCATION. Teach the boys that it's not right to touch a girl without her permission. Teach them it's not right to judge a girl by her looks and how big her tits are. Teach them respect for women and other people. Teach them that "no" means "no". Education is power, and with enough time and patience, things may definitely change.
I'm fucking done.
06/28/09
This strikes me as a rather disingenuous statement from someone who spent her life trying to change society and the ways it regards gender issues. "I'm only a woman"? Goodness.
06/26/09
When she finally snaps and kills him it isn't seen as a sudden response to stimuli or a response to an overwhelming situation. She must have planned it. And I think this is what usually causes the higher prison sentence---this fear that a woman would be so "cold" so as to sit and plot how to kill a man. It freaks the patriarchal psychology part of the brain that we all have out. Because it plays with two very "subversive" ideas: a) a woman can plan and execute, b) a woman can take life. Cue cauterwaulling.
I think people always have this bias that in fight or flight situations women should always flee. But in an abusive situation sometimes there's nowhere to flee to--the dude is between you and the door. In that case the only way to get to the door is to get through the dude.
06/26/09
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[www.owtoad.com]
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delightful to see that nothing has changed all that much in the past 300 years!
06/26/09
06/26/09
And I see your point about the possibility that a woman could argue DV when she's really a cold-blooded murderer, but just remember how often Dude Nation shouts about false rape accusations and who is REALLY served by the idea that women are lying, conniving bitches. 99 times out of 100, a woman who defends the murder of her partner on DV grounds is telling the truth. It's just that that ONE woman who lied gets an episode of American Justice and a couple MSNBC specials done on her.
06/26/09
I wish I were kidding.
06/26/09
EPIC SYSTEM ERROR.
EPIC.
06/26/09
*sarcasm*
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Right now I'm working on a case where the defendant successfully used EED as a defense a certain number of years ago because he killed his girlfriend when she told him she was leaving him. His counsel argued that what happened was a lover's quarrel, and anyone who learned that his girlfriend was leaving him also would have been that upset. He also stated that, "given the chance to do it again, defendant would certainly not allow his emotions to control him." Defendant got two years. Well, he got that chance again a year ago, when he got angry at another girlfriend because she allowed his brother to visit their child, even though the defendant and the brother were not on speaking terms. Funny thing is, he killed her in the exact same way as the first girlfriend, and is now claiming EED again, because he was "upset" that his girlfriend was "not being loyal." Basically this defense is just, "I got really pissed off so I killed someone." No fucking shit. Aside from bank robberies, gang violence and drug deals gone wrong, most people kill other people when they're pissed off!
I realize that my hatred of this defense means that women who are abused couldn't use it either, but it just seems to me like women aren't really using it successfully, I didn't really find any case law where women used it. That still leaves self-defense as a defense to murder for abused women, but as people have pointed out, that means you are then hoping that during an episode of abuse, a woman who is probably smaller and possibly weaker will have to prevail in a fight.
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Let me get this straight, this judge thinks the punishment for being a bad wife should be harsher than that for murdering said wife?
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