Professional Documents
Culture Documents
Rebecca Rodriguez
English 123
Professor Murdock
10 December 2017
For the Fighters
When it comes to Mass Incarceration, it appears that the focus has been the men who are
in prison. Some of these men have been wrongfully convicted or were guilty by association and
so on. What some may fail to realize is that there are women who are also incarcerated. Over
219,000 women are incarcerated in the United States and 80% of them are mothers, single
mothers who are also the sole provider for their children. A clear majority of them are also
survivors of Domestic Violence as well as sexual assault. These survivors are in prison for
murdering their abusers. There are many who think that a DV (Domestic Violence) should have
just gotten away from their abusers. There are even some of those who in the judicial system
who feel that DV is not a big issue and not everyone should say their partner is abusing them.
However, some of these women who fought back against their abusers have reported the abuse to
law enforcement. These women have tried to leave; have tried to keep their abusers away but
some just felt so helpless and did not know of the proper resources that were offered to them in
their area. Even law enforcement may have not been well educated on how to deal with a DV
dispute. The point of this assignment is to be another voice for these survivors. These survivors
were let down by our judicial system and there must be some type of acknowledgement let those
who are currently suffering that there are those who want to help. As for those who are currently
in prison that they are still being heard, there are people who hear your cries and are looking for
ways to save you. As we are stemming from the cultural norm of yesteryear to the passive
acceptance of today, it is time to encourage an environment of protection and empathy for the
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victims of DV, incarcerated or otherwise, by acknowledging its history, viewing how the judicial
system alongside with State senators handle DV, and finding a solution on how to help DV
Everyone and everything has a beginning. There is always backstory to how we have
come to be in a certain situation. For Domestic Violence, it has been ongoing for centuries.
There have been several laws and codes past dating back to Roman times that abusing your wife
is justifiable. If a wife was not submissive enough, she would be beaten. It was even suitable to
beat children as well. Even today, although there are laws protecting DV (Domestic Violence)
and sexual assault victims, there are some that think it should be okay to beat your wife and
children. If she did not clean the house, beat her. If she did not want to have intercourse, beat her
and possibly rape her. If she is “speaking her mind”, beat her. When you look back at how
intense these laws were, it’s easy to understand that yes, this is the reason why our society
Domestic Violence can be dated back during the Babylonian era. The Code of
Hammurabi authorizes that a husband can inflict punishment on his wife as well as any member
of his household for any transgression (“Overview of Historical Laws that Supported Domestic
Violence”). This is what appears to be the beginning of how one would suffer at the hands of a
spouse. It just went on from here. As the years and centuries went by, the more acceptable it was
for a husband to abuse his wife. Take Renaissance France as another example. When the leaders
of France saw that there were too many deaths of women and children due to abuse, they
simmered their laws done for head of households to “blows, thumps, kicks or punches on the
back...which did not leave any marks," but added, "the man who is not master of his wife is not
worthy of being a man” (“Overview of Historical Laws that Supported Domestic Violence”). In
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other words, although the law was against the killing of women and children in their homes, it
did not oppose the idea of still beating said women and children. It also indicated a man did not
deserve his wife, as well, if he did not hit her. There was even another law that declared, "All the
inhabitants have the right to beat their wives so long as death does not follow." (“Overview of
Historical Laws that Supported Domestic Violence”). And this specific law was to “protect”
women and children. However, this type of law was doing more harm than good for those in the
future. It would be harder to prove that a person is being abused because of how it was in the
earlier centuries. We then first see these “laws” coming about in the U.S. during the 1800’s. In
the case of Fulgam V. Alabama, there was a court ruling that stated, “The privilege, ancient
though it may be, to beat her with a stick, to pull her hair, choke her, spit in her face or kick her
about the floor or to inflict upon her other like indignities, is not now acknowledged by our law”
(“Overview of Historical Laws that Supported Domestic Violence”). This law here stated how
they were not being any type of these DV accusations. DV was still not to be fully acknowledge
during this time frame. Abuse was even called a “privilege”. It was a “privilege” for one to beat
his wife and children. But as the 20th century arises, we see a shift with DV laws.
It may not seem like it at first but there seems to finally be some progress to help DV
victims. In 1977, California’s Penal Code declares “wives charging husbands with criminal
assault and battery must suffer more injuries than commonly needed for charges of battery”
(“Overview of Historical Laws that Supported Domestic Violence”). The significance of this
penal code was showing that there was still some sort of improvement with DV laws but not all.
Of course, this Penal Code is just unfair is it not? How fair is it that a wife must prove her abuse
by not only testifying her abuse but physically showing it as well? However, California’s Penal
Code began to open new doors and shed some new light on how DV laws need to improve. In
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1990, Vermont issued a law that claims if a wife issues a protection order against her husband
and he violates that order, law enforcement can decide what the punishment will be. But there is
still a flaw in that system. Sure, an abuser could possibly face jail time for violating a protective
order, nevertheless it still not enough. It is not enough since an abuser will not face enough jail
time. Some abusers will only be sentenced for a few days or months and it is back to square one
for the DV victim. Once a victim learns their abuser is out of jail, they suddenly fear for their
lives. Some victim will even at time go back to their abusers, starting the cycle all over again.
Looking back on how DV was versus today is quite terrifying. Even considering DV
today is terrifying. It is almost insane to see and read how you can beat your wife and child if
they did not obey you or if you could not control them properly. It is as though they were viewed
as property instead of human beings. There is always a root for how things have been created.
For DV victims in prison, they did not appear in prison one day; they have tried to get away from
their abusers, but some have been too terrified to leave, or others were cornered and were forced
to make a life changing decision to end their abusers’ lives, just so they would not hurt them
again. Perhaps if DV was taken seriously from the beginning of time, there would not be, so
Of course, this discussion is not just about DV and how it has developed over the
centuries. The ties that the history has to these women who are incarcerated for taking their
abusers lives into their own hands has played a crucial role. In the 1930’s, it seems that there
were women being sent to prison for both violent and non-violent crimes. Women in this stature
were “victims of domestic and sexual violence whose income was vital to their family
household” (Most Women in Prison Are Victims of Domestic Violence. That's Nothing New).
Due to this fact, it appears that women involved with mass incarceration increased 14-fold since
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1970. Today, over 67% of Domestic Violence and Sexual Assault are incarcerated for murdering
their abusers.
Fast forward to today, there has not truly been a change to allow these women the proper
freedom they deserve. However, there are more and more resources sprouting around. Most of
these resources do provide the proper information as well as the awareness that they are not
alone and there are people out there who want to help them. Abusers have such a tight hold on
their victims that they condition them into believing that they are not worth anyone else’s time.
This is not the case, of course. Even those who are in the position of power see how important it
There are many that think when they see DV (Domestic Violence) victims going to
prison for murdering their abusers, they think that the victim deserved it. They think that the
victim did not try hard enough to try and get away. There are also those who think that the victim
deserved to be sentenced to prison for taking another life. After, all, one of the Ten
Commandments in the Bible is “You shall not murder.” But what people do not realize is that
these victims have had a paper trail for years. Some have been too terrified to even attempt to try
and leave their abuser; they are that scared. The focus should be on how we should help the
victims of DV and sexual assault. If a victim is seeking help, there should be access to resources.
Law enforcement should be able to take classes on how to handle a domestic dispute. Of course,
there are those who are going to oppose these type of efforts and resources, but the goal here is to
change that. What those who oppose helping these victims do not realize is that Domestic
Violence has cost an estimated 5 to 10 billion dollars just from medical treatment, police and
court costs, shelters and foster care, sick leave, absenteeism, and nonproductivity (“The Effects
of a Police/Victim Assistance Crisis Team Approach to Domestic Violence”). Perhaps it’s time
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It seems that today, many women who are incarcerated are victims of DV and sexual
assault. Since DV has been swept under the rug in the past, it seems that it has begun to be
brought up to politicians. Senator Cory Booker of New Jersey “introduced the Dignity for
Incarcerated Women Act, or the “Dignity Act,” on behalf of himself and Sens. Kamala Harris,
Elizabeth Warren and Richard Durbin” (“Most Women in Prison Are Victims of Domestic
Violence. That's Nothing New”). The goal of the bill will be to mend the treatment of those in
Federal prison. Even in New York, “The Domestic Violence Survivors Justice Act was
introduced in 2011 to address these concerns and is now in the state legislature’s codes
committee, which votes on any bill that would increase or decrease penalties” (“Domestic
violence victims in NY prisons may get some relief”). This type of bill here is to help judges
realize that abused women should go to alternative programs, away from prison. There are even
other laws that further punish a DV victim. With these type of bills and laws like these trying to
be passed, there is also programs that need to begin at the core. What I mean at the core is that
there needs to be programs and use of resources to help these victims before it is too late.
There are certain things that society teaches that some precautions that some should abide
by. What is the first thing we do if we need help? We dial 911. That is what DV victims do. But
at times, a police officer responding to the dispute does not know how to provide the proper
resources, know how to properly answer a question on the matter, as well as handle the situation
they are being dealt with. There needs to be a crisis team and law enforcement should be the
educated on how to handle a domestic dispute. There was a DV program for law enforcement in
1967 to respond to disputes. This program taught officers how to mediate disputes, in crisis
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intervention, as well as how to refer clinical psychologists. Little by little, other law enforcement
departments began to adopt the idea of this type of program. Law enforcement had even begun to
team up with a shelter for battered women and thus creating a Crisis Team. There were
volunteers that “completed 16 hrs. of training on the dynamics of domestic violence, laws
involving domestic violence, crisis intervention methods, and the resources and services
available in the community” (“The Effects of a Police/Victim Assistance Crisis Team Approach
to Domestic Violence”). With these type of resources, training from both law enforcements and
women’s shelters, this could potentially decrease the capacity of DV survivors who are currently
in prison. But there are some who feel this should not be the case; that a DV survivor should still
be punished, regardless of how often their abuser went to jail for DV disputes as well as violating
a protective order.
There are even programs for these women incarcerated trying to go into effect. If a victim
is sent to prison based on either being involved with their abuser of a crime or ending their lives,
they may very well be eligible for an alternative program. This alternative could be best for these
survivors. “‘A lot of survivors are forced by their abusers to make really hard decisions, like
whether or not they want to participate in their abusers’ criminal activity or keep themselves and
their children safe,’ said Saima Anjam, director of public policy at the New York State Coalition
Against Domestic Violence. ‘It can literally be a life or death decision.’” (Should Domestic
Violence Victims Go To Prison For Killing Their Abusers?). Anjam explains here how a victim
or survivor will be beneficial in an alternative program. Not only will help them start fresh in
their life, but it will also be inexpensive to keep them in a program versus keeping them in
prison. If DV victim goes to an alternative program, it will cost $11,000 a year instead of the
Of course, there are those who feel that domestic violence victims should be punished if
not more than their abusers. Even if an abuser is punished, it does not stop them. In Topeka,
Kansa, District Attorney Chad Taylor “planned to stop prosecuting misdemeanor domestic
violence cases in response to county budget cuts, the Topeka City Council this month repealed
violence offenses in Topeka.” (“Legal system fails abused women”). Even then, women cannot
depend on the criminal justice system to protect them. The city of Topeka has even stated they
will help with funding. Before the 1980’s, law enforcement was not allowed “to arrest in cases of
Approach to Domestic Violence”). Unless the abuser had a felony or tried to assault a police
officer, only then did the abuser go to jail. However, the Supreme Court stated that it is
“violating Thurman’s 14th amendment right to fair and equal treatment under the law” (“The
appear they are stating that abusers could be the real victims and survivors here. Some may argue
that there are two sides to every story and sometimes there truly are. Both sides should be looked
over as well as the side that is trying to fight for one’s life.
There is another law that further keeps a DV victim silent. The Failure to Protect
Law is when “a parent who doesn’t intervene when someone harms her child, or who fails to
leave her child’s abuser, fails in that regard” (‘Failure to Protect’ Laws Punish Victims of
Domestic Violence). Typically, the parent who does not stop the abuse of a child is the mother.
This is what happened with Arlena Lindley with her boyfriend, Alonzo Turner. Turner had beat
Lindley’s three year old son to death in October 2006. Even though Lindley ran out of their
home with her son, Titches, to get away from the abuse with Turner later pulling them both back
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in, she was still sentenced to 45 years due to omission. In other words, Lindley was sentenced for
not protecting her child, regardless of her trying to take him away from the abuse. With this type
of law in affect, it seems almost too easy to point the finger at a victim, even though it was the
abuser hurting the child. When it comes to Oklahoma’s child endangerment laws, it does state
that a parent can remove themselves from a situation if they are in harm’s way. Judges could also
take their own opinion on the matter if a parent did everything in their power to protect their
children. But still for some, that may not be the case due to the fact a child was harmed or passed
away because of the abuse. For some, however, it is too late, not just for them but for their
children as well.
All in all, it appears that our country is uneducated when it comes to Domestic violence.
Many cannot grasp the fact at how afraid a victim is and how lost they feel. A way that today’s
society can understand DV victims is to look at the survivors, listen to their stories and see how
difficult it was for them to get away. Yes, that means speaking with the ones who are currently
incarcerated. Being able to see and hear straight from the source could help improve DV victims’
rights and even possibly keep an abuser at bay. It seems that the ones who understand it are the
ones who have experienced it first hand and have fought back. Some of those who have fought
back either won and are trying to show other victims that they do have a fighting chance. Even
those who are in prison want to continue to help from the outside. Of course, for some, they are
too frightened to speak out because of what they see in the media and their social media. But
what can we do to help them? How can some join to be a never-ending wheel of support for
these victims?
In Psalm 82:3-4, it says, “3 Defend the weak and the fatherless; uphold the cause of the
poor and the oppressed. 4 Rescue the weak and the needy; deliver them from the hand of the
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wicked.” Those who are suffering need help from others. For those who are not in peril should
be able to reach down and lift these victims up and offer them help when they need it most. It
seems that the only ones wanting to help are the ones who have suffered as well. There is not a
problem with that, but those same survivors are the ones who have also created a movement for
these victims. When it comes to asking for help or seeing a fellow soul struggling, there should
be no questions asked on how that victim got there. There should be no judging since there is no
way of knowing how that person got into that situation. Some of these victims do not even know
how they got into a domestic violence situation. Some saw it as that they were with a strong
person who would never ever hurt them. They thought that they were with the person of their
dreams but later learned how much of a nightmare they were living.
Again, society should never judge those who need help. That is not why God put us on
this Earth. That is not why God has created us. He has created to not only find our own calling in
life but also be there for another. To love one another as He has loved us. Jesus was sent down to
die for our sins. We should all do as Jesus did and sacrifice some sort of time for each other.
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Works Cited
“Overview of Historical Laws that Supported Domestic Violence.” WomenSafe, 2011.
http://www.womensafe.net/home/index.php/domesticviolence/29-overview-of-historical-
laws-that-supported-domestic-violence
to-protect-law_b_6237346.html
Corcoran, J. (1,2) and S. (2) Allen. "The Effects of a Police/Victim Assistance Crisis Team
Approach to Domestic Violence." Journal of Family Violence, vol. 20, no. 1, 01 Feb. 2005,
Cox, Karen L. "Most Women in Prison Are Victims of Domestic Violence. That's Nothing New."
libproxy.calbaptist.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=ap
h&AN=125448928&site=ehost-live&scope=site.
Jeltsen, Melissa. “Should Domestic Violence Victims Go To Prison For Killing Their Abusers?”.
violence-prison-legislation_us_573deaa3e4b0aee7b8e94236
Goodmark, Leigh. “Legal Systems Abused Women.” The Baltimore Sun, 2011.
http://articles.baltimoresun.com/2011-10-20/news/bs-ed-domestic-violence-
20111020_1_violence-statute-domestic-violence-dixie-shanahan