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<text id=93TT2331>
<link 93TO0112>
<title>
Jan. 18, 1993: 'Til Death Do Us Part
</title>
<history>
TIME--The Weekly Newsmagazine--1993
Jan. 18, 1993 Fighting Back: Spouse Abuse
</history>
<article>
<source>Time Magazine</source>
<hdr>
COVER STORY, Page 38
'Til Death Do Us Part
</hdr>
<body>
<p>When a woman kills an abusive partner, is it an act of revenge
or of self defense? A growing clemency movement argues for a
new legal standard.
</p>
<p>By NANCY GIBBS - With reporting by Cathy Booth/Miami, Jeanne
McDowell/Los Angeles and Janice C. Simpson/New York
</p>
<p> The law has always made room for killers. Soldiers kill
the nation's enemies, executioners kill its killers, police
officers under fire may fire back. Even a murder is measured in
degrees, depending on the mind of the criminal and the character
of the crime. And sometime this spring, in a triumph of pity
over punishment, the law may just find room for Rita Collins.
</p>
<p> "They all cried, didn't they? But not me," she starts out,
to distinguish herself from her fellow inmates in a Florida
prison, who also have stories to tell. "No one will help me. No
one will write about me. I don't have a dirty story. I wasn't
abused as a child. I was a respectable government employee,
employed by the Navy in a high position in Washington."
</p>
<p> Her husband John was a military recruiter, a solid man who
had a way with words. "He said I was old, fat, crazy and had no
friends that were real friends. He said I needed him and he
would take care of me." She says his care included threats with a
knife, punches, a kick to the stomach that caused a hemorrhage.
Navy doctors treated her for injuries to her neck and arm.
"He'd slam me up against doors. He gave me black eyes, bruises.
Winter and summer, I'd go to work like a Puritan, with long
sleeves. Afterward he'd soothe me, and I'd think, He's a good
man. What did I do wrong?"
</p>
<p> The bravado dissolves, and she starts to cry.
</p>
<p> "I was envied by other wives. I felt ashamed because I
didn't appreciate him." After each beating came apologies and
offerings, gifts, a trip. "It's like blackmail. You think it's
going to stop, but it doesn't." Collins never told anyone--not
her friends in the church choir, not even a son by her first
marriage. "I should have, but it was the humiliation of it all.
I'm a professional woman. I didn't want people to think I was
crazy." But some of them knew anyway; they had seen the bruises,
the black eye behind the dark glasses.
</p>
<p> She tried to get out. She filed for divorce, got a
restraining order, filed an assault-and-battery charge against
him, forced him from the house they had bought with a large
chunk of her money when they retired to Florida. But still, she
says, he came, night after night, banging on windows and doors,
trying to break the locks.
</p>
<p> It wasn't her idea to buy a weapon. "The police did all
they could, but they had no control. They felt sorry for me.
They told me to get a gun." She still doesn't remember firing
it. She says she remembers her husband's face, the glassy eyes, a
knife in his hands. "To this day, I don't remember pulling the
trigger."
</p>
<p> The jury couldn't figure it out either. At Collins' first
trial, for first-degree murder, her friends, a minister, her
doctors and several experts testified about her character and
the violence she had suffered. The prosecution played tapes of
her threatening her husband over the phone and portrayed her as
a bitter, unstable woman who had bought a gun, lured him to the
house and murdered him out of jealousy and anger over the
divorce. That trial ended with a hung jury. At her second, nine
men and three women debated just two hours before finding her
guilty of the lesser charge, second-degree murder. Collins'
appeals were denied, and the parole board last year recommended
against clemency. Orlando prosecutor Dorothy Sedgwick is certain
that justice was done. "Rita Collins is a classic example of how
a woman can decide to kill her husband and use the battered
woman's syndrome as a fake defense," she says. "She lured him
to his death. He was trying to escape her." Collins says her
lawyers got everything: the $125,000 three-bedroom house with
a pool, $98,000 in cash. "I've worked since I was 15, and I have
nothing," she says. "The Bible says, `Thou shalt not kill,' and
everybody figures if you're in here, you're guilty. But I'm not
a criminal. Nobody cares if I die in here, but if I live, I tell
you one thing: I'm not going to keep quiet."
</p>
<p> If in the next round of clemency hearings on March 10,
Governor Lawton Chiles grants Collins or any other battered
woman clemency, Florida will join 26 other states in a national
movement to take another look at the cases of abuse victims who
kill their abusers. Just before Christmas, Missouri's
conservative Republican Governor John Ashcroft commuted the life
sentences of two women who claimed they had killed their
husbands in self-defense. After 20 years of trying, these women
have made a Darwinian claim for mercy: Victims of perpetual
violence should be forgiven if they turn violent themselves.
</p>
<p> More American women--rich and poor alike--are injured
by the men in their life than by car accidents, muggings and
rape combined. Advocates and experts liken the effect over time
to a slow-acting poison. "Most battered women aren't killing to
protect themselves from being killed that very moment,"
observes Charles Ewing, a law professor at SUNY Buffalo. "What
they're protecting themselves from is slow but certain
destruction, psychologically and physically. There's no place
in the law for that."
</p>
<p> As the clemency movement grows, it challenges a legal
system that does not always distinguish between a crime and a
tragedy. What special claims should victims of fate, poverty,
violence, addiction be able to make upon the sympathies of
juries and the boundaries of the law? In cases of domestic
assaults, some women who suffered terrible abuse resorted to
terrible means to escape it. Now the juries, and ultimately the
society they speak for, have to find some way to express outrage
at the brutality that women and children face every day, without
accepting murder as a reasonable response to it.
</p>
<p> But until America finds a better way to keep people safe
in their own homes or offers them some means of surviving if
they flee, it will be hard to answer the defendants who ask
their judges, "What choice did I really have?"
</p>
<p> Home is Where the Hurt is
</p>
<p> Last year the A.M.A., backed by the Surgeon General,
declared that violent men constitute a major threat to women's
health. The National League of Cities estimates that as many as
half of all women will experience violence at some time in
their marriage. Between 22% and 35% of all visits by females to
emergency rooms are for injuries from domestic assaults. Though
some studies have found that women are just as likely to start
a fight as men, others indicate they are six times as likely to
be seriously injured in one. Especially grotesque is the
brutality reserved for pregnant women: the March of Dimes has
concluded that the battering of women during pregnancy causes
more birth defects than all the diseases put together for which
children are usually immunized. Anywhere from one-third to as
many as half of all female murder victims are killed by their
spouses or lovers, compared with 4% of male victims.
</p>
<p> "Male violence against women is at least as old an
institution as marriage," says clinical psychologist Gus Kaufman
Jr., co-founder of Men Stopping Violence, an Atlanta clinic
established to help men face their battering problems. So long
as a woman was considered her husband's legal property, police
and the courts were unable to prevent--and unwilling to punish--domestic assaults. Notes N.Y.U. law professor Holly Maguigan:
"We talk about the notion of the rule of thumb, forgetting that
it had to do with the restriction on a man's right to use a
weapon against his wife: he couldn't use a rod that was larger
than his thumb." In 1874 North Carolina became one of the first
states to limit a man's right to beat his wife, but lawmakers
noted that unless he beat her nearly to death "it is better to
draw the curtain, shut out the public gaze and leave the parties
to forget and forgive."
</p>
<p> Out of that old reluctance grew the modern double
standard. Until the first wave of legal reform in the 1970s, an
aggravated assault against a stranger was a felony, but
assaulting a spouse was considered a misdemeanor, which rarely
landed the attacker in court, much less in jail. That
distinction, which still exists in most states, does not reflect
the danger involved: a study by the Boston Bar Association found
that the domestic attacks were at least as dangerous as 90% of
felony assaults. "Police seldom arrest, even when there are
injuries serious enough to require hospitalization of the
victim," declared the Florida Supreme Court in a 1990
gender-bias study, which also noted the tendency of prosecutors
to drop domestic-violence cases.
</p>
<p> Police have always hated answering complaints about
domestic disputes. Experts acknowledge that such situations are
often particularly dangerous, but suspect that there are other
reasons for holding back. "This issue pushes buttons, summons
up personal emotions, that almost no other issue does for police
and judges," says Linda Osmundson, who co-chairs a battered
wives' task force for the National Coalition Against Domestic
Violence. "Domestic violence is not seen as a crime. A man's
home is still his castle. There is a system that really believes
that women should be passive in every circumstance." And it
persists despite a 20-year effort by advocates to transform
attitudes toward domestic violence.
</p>
<p> While most of the effort has been directed at helping
women survive, and escape, abusive homes, much of the publicity
has fallen on those rare cases when women resort to violence
themselves. Researcher and author Angela Browne points out that
a woman is much more likely to be killed by her partner than to
kill him. In 1991, when some 4 million women were beaten and
1,320 murdered in domestic attacks, 622 women killed their
husbands or boyfriends. Yet the women have become the lightning
rods for debate, since their circumstances, and their response,
were most extreme.
</p>
<p> What Choice Did She Have?
</p>
<p> "There is an appropriate means to deal with one's marital
problems--legal recourse. Not a .357 Magnum," argues former
Florida prosecutor Bill Catto. "If you choose to use a gun to
end a problem, then you must suffer the consequences of your
act." Defense lawyers call it legitimate self-protection when
a victim of abuse fights back--even if she shoots her husband
in his sleep. Prosecutors call it an act of vengeance, and in
the past, juries have usually agreed and sent the killer to
jail. Michael Dowd, director of the Pace University Battered
Women's Justice Center, has found that the average sentence for
a woman who kills her mate is 15 to 20 years; for a man, 2 to
6.
</p>
<p> The punishment is not surprising, since many judges insist
that evidence of past abuse, even if it went on for years, is
not relevant in court unless it occurred around the time of the
killing. It is not the dead husband who is on trial, they note,
but the wife who pulled the trigger. "Frankly, I feel changing
the law would be authorizing preventive murder," argued Los
Angeles Superior Court Judge Lillian Stevens in the Los Angeles
Times. "The only thing that really matters is, Was there an
immediate danger? There can't be an old grievance." And even if
a woman is allowed to testify about past violence, the jury may
still condemn her response to it. If he was really so savage,
the prosecutor typically asks, why didn't she leave, seek
shelter, call the police, file a complaint?
</p>
<p> "The question presumes she has good options," says Julie
Blackman, a New Jersey-based social psychologist who has
testified as an expert witness in abuse and murder cases.
"Sometimes, they don't leave because they have young children
and no other way to support them, or because they grow up in
cultures that are so immersed in violence that they don't figure
there's any place better to go, or because they can't get
apartments." The shelter facilities around the country are
uniformly inadequate: New York has about 1,300 beds for a state
with 18 million people. In 1990 the Baltimore zoo spent twice
as much money to care for animals as the state of Maryland spent
on shelters for victims of domestic violence.
</p>
<p> Last July, even as reports of violence continued to
multiply, the National Domestic Violence Hotline was
disconnected. The 800 number had received as many as 10,000
calls a month from across the country. Now, says Mary Ann
Bohrer, founder of the New York City-based Council for Safe
Families, "there is no number, no national resource, for people
seeking information about domestic violence."
</p>
<p> The other reason women don't flee is because, ironically,
they are afraid for their life. Law-enforcement experts agree
that running away greatly increases the danger a woman faces.
Angered at the loss of power and control, violent men often try
to track down their wives and threaten them, or their children,
if they don't come home. James Cox III, an unemployed dishwasher
in Jacksonville, Florida, was determined to find his
ex-girlfriend, despite a court order to stay away from her. Two
weeks ago, he forced her mother at gunpoint to tell him the
location of the battered women's shelter where her daughter had
fled, and stormed the building, firing a shotgun. Police shot
him dead. "This case illustrates the extent to which men go to
pursue their victims," said executive director Rita DeYoung. "It
creates a catch-22 for all battered women. Some will choose to
return to their abusers, thinking they can control their
behavior."
</p>
<p> "After the law turns you away, society closes its doors on
you, and you find yourself trapped in a life with someone
capable of homicide. What choice in the end was I given?" asks
Shalanda Burt, 21, who is serving 17 years for shooting her
boyfriend James Fairley two years ago in Bradenton, Florida. She
was three months pregnant at the time. A week after she
delivered their first baby, James raped her and ripped her
stitches. Several times she tried to leave or get help. "I would
have a bloody mouth and a swollen face. All the police would do
is give me a card with a deputy's name on it and tell me it was
a `lovers' quarrel.' The battered women's shelter was full. All
they could offer was a counselor on the phone."
</p>
<p> Two weeks before the shooting, the police arrested them
both: him for aggravated assault because she was pregnant, her
for assault with a deadly missile and violently resisting
arrest. She had thrown a bottle at his truck. Her bail was
$10,000; his was $3,000. He was back home before she was, so she
sent the baby to stay with relatives while she tried to raise
bail. The end came on a Christmas weekend. After a particularly
vicious beating, he followed her to her aunt's house. When he
came at her again, she shot him. "They say I'm a violent person,
but I'm not. I didn't want revenge. I just wanted out." Facing
25 years, she was told by a female public defender to take a
plea bargain and 17 years. "I wanted to fight. But she said I'd
get life or the electric chair. I was in a no-win situation."
</p>
<p> It is hard for juries to understand why women like Burt do
not turn to the courts for orders of protection. But these are
a makeshift shield at best, often violated and hard to enforce.
Olympic skier Patricia Kastle had a restraining order when her
former husband shot her. Lisa Bianco in Indiana remained
terrified of her husband even after he was sent to jail for
eight years. When prison officials granted Alan Matheney an
eight-hour pass in March 1989, he drove directly to Bianco's
home, broke in and beat her to death with the butt of a shotgun.
Last March, Shirley Lowery, a grandmother of 11, was stabbed 19
times with a butcher knife by her former boyfriend in the
hallway of the courthouse where she had gone to get an order of
protection.
</p>
<p> The Mind of the Victim
</p>
<p> Defense lawyers have a hard time explaining to juries the
shame, isolation and emotional dependency that bind victims to
their abusers. Many women are too proud to admit to their family
or friends that their marriage is not working and blame
themselves for its failure even as they cling to the faith that
their violent lover will change. "People confuse the woman's
love for the man with love of abuse," says Pace's Dowd. "It's
not the same thing. Which of us hasn't been involved in a
romantic relationship where people say this is no good for you?"
</p>
<p> It was Denver psychologist Lenore Walker, writing in 1984,
who coined the term battered-woman syndrome to explain the
behavior of abuse victims. Her study discussed the cycle of
violence in battering households: first a period of growing
tension; then a violent explosion, often unleashed by drugs or
alcohol; and finally a stage of remorse and kindness. A violent
man, she argues, typically acts out of a powerful need for
control--physical, emotional, even financial. He may keep his
wife under close surveillance, isolating her from family and
friends, forbidding her to work or calling constantly to check
on her whereabouts. Woven into the scrutiny are insults and
threats that in the end can destroy a woman's confidence and
leave her feeling trapped between her fear of staying in a
violent home--and her fear of fleeing it.
</p>
<p> Many lawyers say it is virtually impossible to defend a
battered woman without some expert testimony about the effect
of that syndrome over time. Such testimony allows attorneys to
stretch the rules governing self-defense, which were designed
to deal with two men caught in a bar fight, not a woman caught
in a violent relationship with a stronger man.
</p>
<p> In a traditional case of self-defense, a jury is presented
a "snapshot" of a crime: the mugger threatens a subway rider
with a knife; the rider pulls a gun and shoots his attacker. It
is up to the jurors to decide whether the danger was real and
immediate and whether the response was reasonable. A woman who
shoots her husband while he lunges at her with a knife should
have little trouble claiming that she acted in self-defense.
Yet lawyers still find jurors to be very uncomfortable with
female violence under any circumstances, especially violence
directed at a man she may have lived with for years.
</p>
<p> Given that bias, it is even harder for a lawyer to call it
self-defense when a woman shoots a sleeping husband. The danger
was hardly immediate, prosecutors argue, nor was the lethal
response reasonable. Evidence about battered-woman syndrome may
be the only way to persuade a jury to identify with a killer.
"Battered women are extraordinarily sensitive to cues of danger,
and that's how they survive," says Walker. "That is why many
battered women kill, not during what looks like the middle of
a fight, but when the man is more vulnerable or the violence is
just beginning."
</p>
<p> A classic self-defense plea also demands a fair fight. A
person who is punched can punch back, but if he shoots, he runs
the risk of being charged with murder or manslaughter. This
leaves women and children, who are almost always smaller and
weaker than their attackers, in a bind. They often see no way
to escape an assault without using a weapon and the element of
surprise--arguing, in essence, that their best hope of
self-defense was a pre-emptive strike. "Morally and legally a
woman should not be expected to wait until his hands are around
her neck," argues Los Angeles defense attorney Leslie Abramson.
"Say a husband says, `When I get up tomorrow morning, I'm going
to beat the living daylights out of you,' " says Joshua
Dressler, a law professor at Wayne State University who
specializes in criminal procedures. "If you use the word
imminent, the woman would have to wait until the next morning
and, just as he's about to kill her, then use self-defense."
</p>
<p> That argument, prosecutors retort, is an invitation to
anarchy. If a woman has survived past beatings, what persuaded
her that this time was different, that she had no choice but to
kill or be killed? The real catalyst, they suggest, was not her
fear but her fury. Prosecutors often turn a woman's history of
abuse into a motive for murder. "What some clemency advocates
are really saying is that that s.o.b. deserved to die and why
should she be punished for what she did," argues Dressler.
Unless the killing came in the midst of a violent attack, it
amounts to a personal death-penalty sentence. "I find it very
hard to say that killing the most rotten human being in the
world when he's not currently threatening the individual is the
right thing to do."
</p>
<p> Those who oppose changes in the laws point out that many
domestic disputes are much more complicated than the clemency
movement would suggest. "We've got to stop perpetuating the myth
that men are all vicious and that women are all Snow White,"
says Sonny Burmeister, a divorced father of three children who,
as president of the Georgia Council for Children's Rights in
Marietta, lobbies for equal treatment of men involved in custody
battles. He recently sheltered a husband whose wife had pulled
a gun on him. When police were called, their response was "So?"
Says Burmeister: "We perpetuate this macho, chauvinistic,
paternalistic attitude for men. We are taught to be protective
of the weaker sex. We encourage women to report domestic
violence. We believe men are guilty. But women are just as
guilty."
</p>
<p> He charges that feminists are trying to write a customized
set of laws. "If Mom gets mad and shoots Dad, we call it PMS
and point out that he hit her six months ago," he complains.
"If Dad gets mad and shoots Mom, we call it domestic violence
and charge him with murder. We paint men as violent and we
paint women as victims, removing them from the social and legal
consequences of their actions. I don't care how oppressed a
woman is; should we condone premeditated murder?"
</p>
<p> Only nine states have passed laws permitting expert
testimony on battered-woman syndrome and spousal violence. In
most cases it remains a matter of judicial discretion. One
Pennsylvania judge ruled that testimony presented by a
prosecutor showed that the defendant had not been beaten badly
enough to qualify as a battered woman and therefore could not
have that standard applied to her case. President Bush signed
legislation in October urging states to accept expert testimony
in criminal cases involving battered women. The law calls for
development of training materials to assist defendants and their
attorneys in using such testimony in appropriate cases.
</p>
<p> Judge Lillian Stevens instructed the jury on the rules
governing self-defense at the 1983 trial of Brenda Clubine, who
claimed that she killed her police-informant husband because he
was going to kill her. Clubine says that during an 11-year
relationship, she was kicked, punched, stabbed, had the skin on
one side of her face torn off, a lung pierced, ribs broken. She
had a judge's order protecting her and had pressed charges to
have her husband arrested for felony battery. But six weeks
later, she agreed to meet him in a motel, where Clubine alleges
that she felt her life was in danger and hit him over the head
with a wine bottle, causing a fatal brain hemorrhage. "I didn't
mean to kill him," she says. "He had hit me several times.
Something inside me snapped; I grabbed the bottle and swung."
The jury found Clubine guilty of second-degree manslaughter, and
Judge Stevens sentenced her to 15 years to life. She says
Clubine drugged her husband into lethargy before fatally hitting
him. "It seemed to me [the beatings] were some time ago,"
Stevens told the Los Angeles Times. Furthermore, she added,
"there was evidence that a lot of it was mutual."
</p>
<p> It is interesting that within the legal community there
are eloquent opponents of battered-woman syndrome--on
feminist grounds--who dislike the label's implication that all
battered women are helpless victims of some shared mental
disability that prevents them from acting rationally. Social
liberals, says N.Y.U.'s Maguigan, typically explain male
violence in terms of social or economic pressures. Female
violence, on the other hand, is examined in psychological terms.
"They look to what's wrong with her and re inforce a notion that
women who use violence are, per se, unreasonable, that something
must be wrong with her because she's not acting like a good
woman, in the way that women are socialized to behave."
</p>
<p> Researcher Charles Ewing compared a group of 100 battered
women who had killed their partners with 100 battered women who
hadn't taken that fatal step. Women who resorted to violence
were usually those who were most isolated, socially and
economically; they had been the most badly beaten, their
children had been abused, and their husbands were drug or
alcohol abusers. That is, the common bond was circumstantial,
not psychological. "They're not pathological," says social
psychologist Blackman. "They don't have personality disorders.
They're just beat up worse."
</p>
<p> Women who have endured years of beatings without fighting
back may reach the breaking point once the abuse spreads to
others they love. Arlene Caris is serving a 25-year sentence in
New York for killing her husband. He had tormented her for
years, both physically and psychologically. Then she reportedly
learned that he was sexually abusing her granddaughter. On the
night she finally decided to leave him, he came at her in a
rage. She took a rifle, shot him, wrapped him in bedsheets and
then hid the body in the attic for five months.
</p>
<p> Offering such women clemency, the advocates note, is not
precisely the same as amnesty; the punishment is reduced, though
the act is not excused. Clemency may be most appropriate in
cases where all the circumstances of the crime were not heard
in court. The higher courts have certainly sent the message that
justice is not uniform in domestic-violence cases. One study
found that 40% of women who appeal their murder convictions get
the sentence thrown out, compared with an 8.5% reversal rate for
homicides as a whole. "I've worked on cases involving battered
women who have talked only briefly to their lawyers in the
courtroom for 15 or 20 minutes and then they take a plea and do
15 to life," recalls Blackman. "I see women who are Hispanic and
don't speak English well, or women who are very quickly moved
through the system, who take pleas and do substantial chunks of
time, often without getting any real attention paid to the
circumstances of their case."
</p>
<p> The first mass release in the U.S. came at Christmas in
1990, when Ohio Governor Richard Celeste commuted the sentences
of 27 battered women serving time for killing or assaulting
male companions. His initiative was born of long-held
convictions. As a legislator in the early '70s, he and his wife
helped open a women's center in Cleveland and held hearings on
domestic violence. When he became lieutenant governor in 1974
and moved to Columbus, he and his wife rented out their home in
Cleveland as emergency shelter for battered women. He and the
parole board reviewed 107 cases, looking at evidence of past
abuse, criminal record, adjustment to prison life and
participation in postrelease programs before granting the
clemencies. "The system of justice had not really worked in
their cases," he says. "They had not had the opportunity for a
fair trial because vitally important evidence affecting their
circumstances and the terrible things done to them was not
presented to the jury."
</p>
<p> The impending reviews in other states have caused some
prosecutors and judges to sound an alarm. They are worried that
Governors' second-guessing the courts undermines the judicial
system and invites manipulation by prisoners. "Anybody in the
penitentiary, if they see a possible out, will be claiming, `Oh,
I was a battered woman,' " says Dallas assistant district
attorney Norman Kinne. "They can't take every female who says
she's a battered woman and say, `Oh, we're sorry, we'll let you
out.' If they're going to do it right, it's an exhaustive
study."
</p>
<p> Clemency critics point to one woman released in Maryland
who soon afterward boasted about having committed the crime.
Especially controversial are women who have been granted
clemency for crimes that were undeniably premeditated. Delia
Alaniz hired a contract killer to pretend to rob her home and
murder her husband in the process. He had beaten her and their
children for years, sexually abusing their 14-year-old daughter.
The prosecutor from Skagit County, Washington, was sufficiently
impressed by the evidence of abuse that he reduced the charge
from first-degree murder and life imprisonment to second-degree
manslaughter with a sentence of 10 to 14 years. In October 1989,
Governor Booth Gardner granted her clemency. "Delia was driven
to extremes. The situation was desperate, and she viewed it that
way," says Skagit County public defender Robert Jones. "The harm
to those kids having a mom in prison was too much considering
the suffering they went through. As a state, we don't condone
what she did, but we understand and have compassion."
</p>
<p> The Alternatives to Murder
</p>
<p> There is always a risk that the debate over clemency will
continue to obscure the missing debate over violence. "I grew
up in a society that really tolerated a lot of injustice when
it came to women," says Pace University's Dowd. "It was
ingrained as a part of society. This isn't a woman's issue. It's
a human-rights issue. Men should have as much to offer fighting
sexism as they do racism because the reality is that it's our
hands that strike the blows." The best way to keep battered
women out of jail is to keep them from being battered in the
first place.
</p>
<p> In a sense, a society's priorities can be measured by whom
it punishes. A survey of the population of a typical prison
suggests that violent husbands and fathers are still not viewed
as criminals. In New York State about half the inmates are drug
offenders, the result of a decade-long War on Drugs that
demanded mandatory sentences. A War on Violence would send the
same message, that society genuinely abhors parents who beat
children and spouses who batter each other, and is willing to
punish the behavior rather than dismiss it.
</p>
<p> Minnesota serves as a model for other states. In 1981
Duluth was the first U.S. city to institute mandatory arrests
in domestic disputes. Since then about half the states have done
the same, which means that even if a victim does not wish to
press charges, the police are obliged to make an arrest if they
see evidence of abuse. Advocates in some Minnesota jurisdictions
track cases from the first call to police through prosecution
and sentencing, to try to spot where the system is failing.
Prosecutors are increasingly reluctant to plea-bargain assault
down to disorderly conduct. They have also found it helpful to
use the arresting officer as complainant, so that their case
does not depend on a frightened victim's testifying.
</p>
<p> Better training of police officers, judges, emergency-room
personnel and other professionals is having an impact in many
cities. "We used to train police to be counselors in
domestic-abuse cases," says Osmundson. "No longer. We teach them
to go make arrests." In Jacksonville, Florida, new procedures
helped raise the arrest rate from 25% to 40%. "Arrests send a
message to the woman that help is available and to men that
abuse is not accepted," says shelter executive director DeYoung,
who also serves as president of the Florida Coalition Against
Domestic Violence. "Children too see that it's not accepted and
are more likely to grow up not accepting abuse in the home."
</p>
<p> Since 1990 at least 28 states have passed "stalking laws"
that make it a crime to threaten, follow or harass someone.
Congress this month may take up the Violence Against Women bill,
which would increase penalties for federal sex crimes; provide
$300 million to police, prosecutors and courts to combat
violent crimes against women; and reinforce state
domestic-violence laws. Most women, of course, are not looking
to put their partners in jail; they just want the violence to
stop.
</p>
<p> A Minneapolis project was founded in 1979 at the prompting
of women in shelters who said they wanted to go back to their
partners if they would stop battering. Counselors have found
that men resort to violence because they want to control their
partners, and they know they can get away with it--unlike in
other relationships. "A lot of people experience low impulse
control, fear of abandonment, alcohol and drug addiction, all
the characteristics of a batterer," says Ellen Pence, training
coordinator for the Domestic Abuse Intervention Project in
Duluth. "However, the same guy is not beating up his boss."
</p>
<p> Most men come to the program either by order of the courts
or as a condition set by their partners. The counselors start
with the assumption that battering is learned behavior. Eighty
percent of the participants grew up in a home where they saw or
were victims of physical, sexual or other abuse. Once imprinted
with that model, they must be taught to recognize warning signs
and redirect their anger. "We don't say, `Never get angry,' "
says Carol Arthur, the Minneapolis project's executive
director. "Anger is a normal, healthy emotion. What we work with
is a way to express it." Men describe to the group their most
violent incident. One man told about throwing food in his wife's
face at dinner and then beating her to the floor--only to
turn and see his two small children huddled terrified under the
table. Arthur remembers his self-assessment at that moment: "My
God, what must they be thinking about me? I didn't want to be
like that."
</p>
<p> If the police and the courts crack down on abusers, and
programs exist to help change violent behavior, victims will be
less likely to take--and less justified in taking--the law
into their own hands. And once the cycle of violence winds down
in this generation, it is less likely to poison the next. That
would be a family value worth fighting for.
</p>
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