Domestic Abuse

ENOUGH

Introduction

Every nine seconds, a husband physically abuses his wife in the U.S. On average, 12% of marriages will involve some sort of domestic violence. The injury done to women because of domestic violence greatly surpasses injury done by any other violent crime or car accidents combined. Medical expenses to care for the abused cost $3 to $5 billion dollars a year. Obviously, domestic violence is a prevalent and costly crime that is on the rise.A It should be stopped. However, at what cost? Or for that matter, how? When do the abused gain the right to cause harm to the abuser? Or do they have this right at all? In this paper, I will focus on domestic violence and whether the use of deadly force is ever justified. Please note that domestic abuse is not limited to only relations between spouses.B It includes children, friends, and other family members. To narrow my scope in this paper, I will focus on women as the abused in particular since the majority of domestic violence cases occur with a male abuser.

Background

Domestic abuse is described as “a pattern of escalating and cyclical violence characterized by periods increased tensions, abuse, and finally вЂ?loving contrition’ when the abuser expresses remorse.” The majority of cases occur when men harm their wives or significant female companions.

Another common circumstance that arises from consistent abuse is learned helplessness. In these cases, the victim begins to perceive the violence as beyond their control and therefore may feel that they have no choice but to remain in the relationship. These effects are usually coupled with financial dependence and the fear of addition harm to family members. Learned helplessness can cause extremely passive behaviors.

For women, a recent development in the psychological field has been the Battered Woman Syndrome. It is a type of post-traumatic stress disorder suffered by psychologically and physically abused women who react with violence against their abusers. They experience three major symptoms: cognitive disturbance, heightened arousal, and heightened avoidance. Women who endure these effects are more likely to develop mental illnesses and chronic diseases. In addition, their children are more prone to use violence.

Problem

Is a victim’s deliberate use of deadly force is a just response to repeated domestic violence?

Cases

Without Deadly Force

On July 29, 2006, Lissette Ochoa and her husband, Rafael Dangond, attended a wedding party. As Lissette danced with her friends and other men, her husband became jealous. He went to the restroom and returned apparently impaired by alcohol or drugs. After she finished dancing, he dragged her outside and began beating her. He pushed her into their car and continued to hit her. For over two hours in the car, he beat her while driving. They reached home at approximately 4 A.M. Upon entering the housing, Lissette ran to the bathroom, locked the door, and phoned her father. Outside, Dangond was repetitively telling her he was going to kill her then himself. After he realized she was on the phone, he broke down the door and fired a shot at her which grazed her arm. She managed to escape the building and meet her father outside. They immediately called the police and reported the event. Dangond fled their home. Lissette suffered multiple physical traumas to her head and various other fractures to the rest of her body and had to be hospitalized.C Later, Dangond surrendered himself to the authorities and was charged with battery, homicide intent, and possession of an illegal weapon. Dangond later publicly apologized for his actions. Although the couple is now divorced, Lissette is giving him a second chance. Dangond is now undergoing psychological therapy.

Justified Deadly Force

Matthew Winkler, a pastor, was lying in bed sleeping one night when his wife, Mary, snuck into their bedroom with his shotgun and shot him in the back. The shot severed his spine and damaged his internal organs. He rolled onto the floor and died shortly after. She did not call an ambulance and left with her three daughters. He was still alive at the time that she fled. She drove to Alabama and remained there for several days. A neighbor reported the missing children and filed a kidnapping report with the local authorities. Mary turned herself in and was later charged with first degree murder. She claimed that Mathew abused her which led to her mental breakdown and subsequent killing of her husband. She had argued with her husband about finances and family issues the evening of the killing, and after their fight, she does not recall what happened. Following her initial hearing, her bond was set at $750,000. Though she was tried for first degree murder, the jury convicted her of voluntary manslaughter. The judge sentenced Mary to 210 days in prison for the conviction. After serving five months, she moved to Western State Mental Health Facility for 60 days. The rest of her sentence will be probated. Mary still claims that her reaction was due to years of emotional, sexual, and physical abuse. Ultimately, her defense of battered woman syndrome kept her out of jail.D

Laws

The killing of another human is defined as homicide. Homicide is divided into first degree, second degree, manslaughter, and justifiable or excusable homicide. In cases of justifiable homicide, special circumstances exist which excuse the defendant’s actions from criminal liability. When a defendant needs to use deadly force to protect him or herself and is not the aggressor, acquittal can result. In this case, self defense is a complete defense. The defense of a battered woman falls under this category.

Women who kill their abusers claim to suffer battered woman syndrome. Typically, experts are called to testify how abusers lock women into their relationships and threaten them with their own death or death of their loved ones if they try to escape. However, the judicial application of the “standards of reasonableness and elements of the law of self-defense, the requirement of temporal proximity of the danger perceived by the defendant, the requirement of equal proportionality of force used by the defendant to that used against her by the batterer, and the duty to retreat can be particularly problematic for battered woman defendants.” The only way to establish this disorder is to enter it into evidence.

Currently, evidence of domestic violence is admissible in the Texas court system. According to the Code of