When Domestic Violence Victims Kill
When Ms. Ford told her brother, George, about her husband’s threats and abuse, she and George discussed ways to eliminate her abuser, who’d not only dragged her through dog feces, gripped her hand in order to break the glass she was holding so the shards sliced her hand, punched her, and pulled her hair; he’d also threatened to slaughter their two kids when she left him. She’d called police on two separate occasions to report the domestic violence, but discovered that officers were unwilling to do much more than tell the couple to work out their problems. Eventually, Ford’s brother took matters in his own hands, and, with the help of a couple of buddies who lured the abusive husband to a remote site, George fatally shot the man. Both Ford and her brother George went to prison with life sentences. That was in 1984. George died in prison. Ms. Ford is still there.
The Castle Doctrine
Forty years later, not much has changed when it comes to women killing their abusers. The castle doctrine– a 17th century law embraced its European homeland– gives any man the right to protect himself and his property when attacked (in those days his wife and kids were considered his property). When not occupying his home, however, a man was expected to retreat when under attack. That changed in 1876 with the evolution of the true man doctrine, the understanding being that a “true man” would never retreat from a conflict. That evolved into states creating stand your ground laws 2005. Such laws give people the right to defend themselves in any location whatsoever when under attack—even if retreating would end the attack and lethality would not be necessary. But the laws were not written to apply to domestic violence situations, because both people in a home have the right to be there. In other words, one can protect oneself from dangerous threats originating from outside the home, but not from those spewing up inside, where victims of domestic violence are at the greatest risk.
Today’s Laws
Anyone experiencing domestic violence should know that there are three precepts of law that come into play when pleading self-defense: imminence, reasonableness, and proportionality. A victim must fear serious harm or death, behave reasonably, and exercise no more than proportional violence. Simply said, lethal force is not an option without a reasonable fear that it is the only way to survive—and it must occur in the moment of a confrontation—not days or weeks later. Even then, who knows how a jury will interpret events? Regardless of the time, circumstances, or place, after killing an abuser, the only way to secure your future is with the help of an aggressive and experienced criminal defense attorney by your side.
Seek Interventions
The Las Vegas criminal defense attorneys at Lobo Law have the tools and creativity to fight for the best outcomes for you. To discuss options, schedule a confidential consultation in our Las Vegas office today.
Source:
nytimes.com/interactive/2024/09/04/opinion/women-kill-self-defense.html?smid=nytcore-ios-share&referringSource=articleShare&ngrp=mxn&pvid=2971E029-1DA9-41DC-8DC5-254FA2DF3843
