Honest discussion here: Woman who killed husband now appealing murder conviction claiming she was driven to it by psychological abuse. Is “he had it coming” ever a defense?

fengpi · 2019-01-03T23:53:05+00:00

"Psychological abuse" includes "leaving a sock on the floor."

My god, she works hard to keep that floor sock-free and the jerk just drops a sock on the sock-free floor?!

PuddleOfMush · 2019-01-03T23:54:06+00:00

Ah yes, the "He deserved it" defense. Far more socially acceptable version of its counterpart, the "She had it coming" defense, which instantly makes you an incel misogynist rapist.

PrincessofPatriarchy · 2019-01-04T00:57:18+00:00

Well it sounds like the law in this case recognizes emotional abuse as a form of domestic violence. In that case it's not a "defense" from the crime but it is a mitigating circumstance, meaning she might get reduced sentence because it may drop the level of mens rea.

It's probably similar to battered women's syndrome which is a legal defense. Essentially it recognizes that victims of extensive abuse genuinely believe that there's no way to stop the abuse other than to kill the abuser. This sounds like they're trying to mount the equivalent.

Though listening to the rest of the story it seems unlikely to hold. She was controlling and emotionally abusive herself, and made the incriminating statement "if I can't have him, no one can." That's a clear statement of motivation, revenge for infidelity rather than desperation resulting from prolonged abuse.

The prosecution also seems prepared to fight it, so I doubt the appeal will go through.

2019-01-04T10:30:07+00:00

"Woman nags man for years, he finally beats her to death, good riddance."

Headlines I'll never see for $200, Alex.

The_Best_01 · 2019-01-04T11:32:15+00:00

Yeah, this is bullshit. She should not be able to appeal using that excuse, that's not a good reason to fucking kill someone. And it looks like she wasn't perfect herself.

jcoonley · 2019-01-03T23:28:01+00:00

Didn't that worked for the Mendes brothers the first time? I think it has to do with whether there was a legitimate fear of serious bodily harm - the exact standard probably depends on which jurisdiction you're in.

mikesteane · 2019-01-03T23:44:15+00:00

She seems to have been as controlling as he was.

Bluelabel · 2019-01-04T00:29:11+00:00

This is fucking bullshit.

Won gets to defend to poor bastard in the grave?

Are you able to use the she deserved it defense for being psychological manipulation, no, cause you're in a fucking grave!

azazelcrowley · 2019-01-04T01:43:04+00:00

Idk. Depends on whether you have other options imo. Like, say, if you're kept in place by social factors liiiikkee... if I leave I will lose my children, and so on, or "I have nowhere to take shelter", and thus you're basically stuck in a situation where you can be psychologically tortured day in, day out, without anywhere to escape. Maybe if you throw on top of that the fact that if you seek help you're going to be arrested, not the perpetrator, and it won't stop when you get out of the cells for the night, merely give them another weapon to threaten you with.

Then yes, there's a defense of "I killed them because I had no choice.", rather than "They had it coming", so to speak.

Women victims very rarely experience this kind of dynamic. Men victims often do. That's why figures on women commiting the most unilateral violence and abuse, and initiating the majority of bi-lateral abuse, are revealing.

The men in these situations are not fully culpable for their behavior because they are essentially being tortured.

psam99 · 2019-01-04T05:40:42+00:00

“he had it coming" isn't a defense unless he posed an immediate danger to her safety, if he was in the act of physically harming her and she reacted in self defense then it is a valid defense and she would be innocent. However psychological abuse poses to immediate physical danger, she should go to the police and report it, there was no justifiable reason to kill him.

xNOM · 2019-01-04T08:01:14+00:00

The defense isn't "he had it coming." It's always "she's a child."

andejoh · 2019-01-04T19:43:09+00:00

I'm probably showing my age, but I remember a time where you could ask 10 people if killing an unfaithful spouse was justified and a few would agree that it was at least in certain situations like you caught them in bed with someone else. Society seems to have moved away from this position as marriage has become less sacred. Isn't that the point though? If you can do something short of killing someone, aren't you obligated to do it? "Progressives" would assert this when it came to self defense and stand your ground. It's probably better to consider it a defense of mitigation rather than absolution, manslaughter as opposed to murder instead of self defense.

Title	Honest discussion here: Woman who killed husband now appealing murder conviction claiming she was driven to it by psychological abuse. Is “he had it coming” ever a defense?
Author	BaronBilgewater
Upvotes	57
Comments	18
Date	January 3, 2019 11:02 PM UTC (7 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/acbfk0/honest_discussion_here_woman_who_killed_husband/
Archive Link	https://theredarchive.com/r/MensRights/honest-discussion-here-woman-who-killed-husband.887231 https://theredarchive.com/post/887231

Comments