"She
Got Away with Murder."
Kati Morris
Law & Order's recent episode, "Equal Rights,"(airing
on April 03, 2002) is a step backwards for the rights
of battered women and women as a category. This episode
seriously downplayed what battered women go through on
a daily basis by morally judging one woman for killing
her husband. The episode also makes sweeping judgments
about women as a category and makes gender-biased comments
against gay men as well. Overall, despite my respect for
the show, I felt that this episode was a degrading embarrassment
to our society; and it is one that should not be overlooked.
The episode dealt with BWS, or battered
woman's syndrome. In order for a woman to suffer from
BWS she must have gone through two complete battering
cycles: the tension-building phase, the explosion phase,
and the honeymoon phase (Dr. Lenore E. Walker, Family
Law Advisor 1). Over a fifteen-year period, with children
involved, as there were in this case, a woman would
go through the cycle numerous times. The cycle allows
a woman to both fear and love her significant other.
After he explodes, then he apologizes in the honeymoon
phase for his behavior, and often promises to get help
(Lee D. Millar Bidwell, Sociology of the Family: Investigating
Family Issues 399).
Throughout the episode, the Executive
ADA, Jack, kept implying that because this woman hired
someone to kill her husband, the act was premeditated
murder. However, if she had been able to pull the trigger
herself, he would have seen it as self-defense. This
implies that a woman who is battered must be willing
to actually take the life of her significant other in
order for society to protect her. Where do the rights
of the abused become as important as the rights of the
abuser? How many women who are abused can actually kill?
The two concepts do not necessarily go hand-in-hand.
Yet, women who leave their abusive partners run a 75
percent greater chance than those who stay of being
killed by their batterers ("Myths and Facts"
as quoted in Bidwell 398). Also, Jack's comment means
nothing when you realize that as of June 1991, there
were 2,000 battered women in this country serving prison
time for defending themselves (Stacey Kabat, remarks
from presentation at Harvard School of Public Health,
Center for Health Communication, June 1991).
In the episode, the woman claims that
she borrowed a gun from a friend in order to kill her
husband. However, she could not bring herself to pull
the trigger. Would Jack really not have prosecuted her
if she had been able to? I think that he would have
tried her for manslaughter if he didn't think that he
could get her on murder one. He would claim that she
could leave her husband instead of having him killed.
This disregards the symptoms of BWS. The abused has
many reasons why he or she may stay: economic dependence,
fear, no place to go, shame and self-blame, love and
hope, for the kids, and fear of loneliness (Bidwell
396-401).
The episode developed many of these
symptoms within the main character; and there are many
symptoms of BWS that are not visible in a victim unless
one has more than one hour to view them. She was economically
dependent upon her husband: he was in stocks and in
control of the money in the family. After years of abuse,
and finally his threat, "I'm going to kill you
and then I'm going to Hawaii," it is easy to see
why she would fear him. She felt that she had no place
to go: she went to her mother's
he showed up in
the kitchen; she went to her sister's
he came banging
at the door; she called the cops
he came home the
next day, angrier than before. Also, studies have shown
that the average battered woman leaves her husband seven
times before leaving him permanently (Bidwell 397).
Even though the issue of her guilt for the abuse was
not addressed in the episode, it is likely that she
felt some responsibility, since up to 53 percent of
battered women blame themselves for the violence (Bidwell
399). Studies have shown that most women believe that
their batterer will change so strongly that hope often
becomes their motivating factor for remaining in a relationship
(Bidwell 400). One character, the DA, Nora, was the
only voice of reason. "He beat her for years Jack."
However, the episode ended with Jack McCoy, the Executive
ADA's voice stating, "She got away with murder."
No one can know for certain what
motivated this woman to kill her husband. However, this
episode forced her to justify her husband's death without
addressing her abuse. Had Jack still doubted the mounting
evidence of her husband's abuse, then I too might question
her intent. However, if knowing she was abused, and
not knowing her true intent, we judge her guilty of
murder, then we have relegated her and thousands of
women to a position of slavery, with their husbands
as the masters. With this act of judgment, we justify
men beating their wives or significant others. The court
of law that society affords condemns women. Is this
the direction we want our society to go?
All we do know about this woman is
that she tried to leave her husband, and just like other
BWS victims, she felt trapped. We know that she went
to emergency rooms with tremendous bruising and many
broken bones. We know that BWS victims in upper class
families often tend to hide the violence for fear of
a greater social stigma (Bidwell 394). Therefore, all
we can surmise is that she probably fits the standard
symptoms of BWS. This includes the feeling of desperation
and of fear for her life. If I put myself into her position,
I'm not certain how differently I would have acted.
The death of her husband was her last act of self-defense.
The ADA, Southerlyn, actually states
that if women want to claim the physical abilities to
participate in previously male-dominated industries,
such as fire fighting, then they cannot be victims of
domestic violence at home. This completely ignorant
assumption is premised in the very title of the episode,
"Equal Rights." This also assumes that BWS
is simply mind over matter. That is, that women consciously
choose to be abused by their partners. And if they do
not, then perhaps they do belong in the home championing
the rights of battered women instead of in the workplace.
She ignored the fact that BWS is a subgroup of Post-traumatic
Stress Disorder, a recognized form of mental illness
by the American Psychological Association (Family Law
Advisor 2). She also set women's rights back by about
50 years.
Not only does the episode disregard
women who are victims of BWS, but also men who are victims.
At one point, Jack states that although women can be
abused by their husbands, "men can't." This
statement implies that men cannot have physical relationships
with other men, and still be abused. Considering the
statistics, that the cases of domestic violence in heterosexual
couples with those in the homosexual community are virtually
equal (Bidwell 411), this is a misleading statement.
It also allows for the continued misunderstanding and
misrepresentation of the gay community. The statement
also disregards men who are abused by their female partners;
according to the Conflict Tactics Scale, men and women
commit violent acts against one another in almost equal
percentages (Bidwell 394). The difference is not in
the act, but generally the fear behind it, for "men
rarely feel the fear and intimidation from the violence
that women do" (Bidwell 394).
The show draws in its audience
by making them feel as if it represents reality: justice
is not always served. However, justice becomes whatever
position the show takes. In this case, the show held
a strongly conservative viewpoint. This can be seen
with Nora's voice constantly being silenced, and by
ending the show with Jack's statement, "She got
away with murder." The episode was especially dangerous
in our society because many people do not accept just
how potent domestic violence really is. It therefore
protects the batterers by helping give them social justification,
as if the victims deserved it. Many people also misunderstand
the concept of domestic violence. If watching a show
such as "Law & Order" is their only source
of knowledge on the subject, imagine how closed-minded
they will remain.
Kati Morris
is a student at Santa Monica College.
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