Batterer's M.O. (Male Entitlement in Sheep's Clothing)

“She's colorful. She's irritable. She's blunt. She's beautiful. She's perfect. She's everything you could want in someone. She has every little quality.”

Those are the words uttered by the husband of a twenty-three year old woman he’d murdered two days earlier, hours before he confessed his crime to police and took them to her body.  He made this statement to a news team who’d been filming him as he went house to house with flyers of his “missing” wife’s picture, begging neighbors to help him find his precious wife. 

This case, which is unfolding in a city to the south of where I work even as I write this post is a perfect illustration of Batterer’s M.O., a topic about which I’d planned to write for some time. 

Batterer’s M.O. is important to understand when dealing with survivors of domestic violence.  This is especially true for family members who are feeling a sense of confusion as to who is telling the truth.  For example, if your sister says that her husband is abusive, you’ll probably believe her.  However, let’s say your sister has a history of being mean to family members or she has a mental illness that creates inconsistencies.  In that case, the husband in question might be able to easily persuade her friends and family members that she was the root cause of all the problems. 

All criminal classes have an M.O. (modus operandi, method of operation).  Drunk drivers usually say they’ve only had two beers.  Thieves will say they forgot to pay for an item or that they were merely borrowing the property.  Dope holders tend to say they were holding the substance for a friend or that they are wearing someone else’s pants (yep, wearing someone else’s pants).  The things criminals do is so routine that trained officers can immediately spot the lie as soon as it’s uttered. 

This works well when speaking with domestic batterer’s.  Remember that batterers are control freaks.  They use physical force because this is an effective way to make the other members of the family do as they command.  However, control comes in different packages, and charm is often one of these.  Charming manipulation should be expected in these cases.  It is the norm, and it is used so often that it can be utilized as an indicator of guilt. 

So, when we are on scene of a domestic disturbance it is highly likely that the offender will sidle up next to an officer and say things like:
·          You know how women are.
·          She didn’t mean it.  She’s just crazy.
·          I’m sorry you guys had to come out here on something silly like this. 
·          She’s probably close to having her period. 

All of these will be expressed in a charming, buddy-buddy type voice.  Officers (and friends and family members) need to be wary of this behavior.  It should come to you as a red flag. 

Eventually they may realize the charm isn’t working, and this is when Batterer’s M.O. takes a turn to a new tactic.  The batterer will start being more aggressive and hostile.   This may be where he threatens to sue the officer or department.  He may spout obnoxious things like, “You’re siding with her because…

·          you guys always take the woman’s side…
·          she’s pretty…
·          I’m black, white, Hispanic, Marshallese, Asian…
·          I’m not rich…
·          I’m rich…
·          I’m on parole…
·          police are assholes…
·          etc…

Alas, the intimidation method still didn’t work, so now it may be time to threaten violence.  This almost always happens right after the handcuffs go on.  How brave. 

Batterer’s M.O. is real.  In the case of this latest homicide, the victim’s husband did his level best to be charming and appear cooperative.  He went so far as to portray himself as a worried, involved, loving husband in front of television cameras.  It didn’t work because an on-the-ball police agency caught on to his malarkey, and maybe now he can work is Batterer’s M.O. on his cell mate. 

Visitation & Exchange Centers

Leaving an abusive home is a dangerous time.  You have to remember that the abuser is, by nature, a controlling, obsessive person who has clearly demonstrated his willingness to use violence, lies and cheating in order to get his way.  This same personality can become even more frantic and angry when his ability to control is dissolving. 
            This is why so much effort goes into safety planning and providing police protection in the first few days and weeks after a domestic battery survivor leaves the abuser.  Great emphasis is placed on keeping them separated.  He’s less able to hurt her if he can’t get near, so this is a tried and true method used by police and courts across the country.
            One challenge to this strategy crops up when it comes time for court-ordered visitation.  Let’s say abusive husband is the father of two beautiful children, and this weekend is his scheduled visitation week.  Barring evidence that he has also abused the children, many judges will order that he gets to spend time with his kids. 
            Let’s assume for the sake of discussion that he has no issues with parenting, and that the children want time with dad.  There has been violence between the estranged husband and wife, but the children have a good relationship with both parents. 
            Let’s also assume for the moment that the mother is afraid of the father or that she’s been granted a protection order.  How, then, does she get the children to him in a way that doesn’t expose her to danger or expose him to arrest for a protection order violation? 
            Her concerns may be valid.  He’s been violent in the past.  He’s angry that he only gets to see the children every other weekend.  He may believe she’s dating someone new, which brings up issues of jealousy and a sense that some other man may try to raise his kids.  Add in any other stressors such as job tension, money problems, wanting the limited visitation time to be perfect, and you’ve got an emotion-driven encounter brewing. 
            The obvious method is to do the exchange in a public place.  This works fairly well, but there is nothing to stop one parent from saying vile things about the other in front of the children, getting into an argument, or actual physical violence from erupting other than most people’s desire to avoid bad attention from other parents at a fast food restaurant or drivers in the parking lot of a grocery store.
            A reasonable variation on this concept is doing the exchange in the parking lot or lobby of the police department.  This strategy works, and it is used quite often.  Take a look at your local police station next Friday or Sunday evening, and you’re likely to see a man picking up or dropping off his kids at the start or end of a weekend visit.
            Police department exchanges work in that the peace is generally held.  There will be no violence or false accusations.  Arguing will be kept to a dull roar, and overall the exchanges will be uneventful.  However, this method has a serious drawback in that children will become very familiar with the department without ever really having a positive encounter with police officers.  They get the subtle sense that police departments are sad places, where their parents look at one another with glares, and where in all likelihood one or both parents trash talk “the cops” who may have already been to the house for a previous violent incident.   This occurs without the child ever having a meaningful encounter with an officer.  This solution offers all the institutionalization without the humanity, and that is the impression children create.

            I must digress here for one moment to say, not for the first time, that if you’ve ever been a parent who points to a uniformed police officer and said to your child, “Be good or that policeman is going to take you to jai,” I need you to go get a big bar of deodorant soap and shove it in your big obnoxious mouth.  In that one moment where you think you have so cleverly conveyed to your child that he better be good, you have, instead said to your impressionable baby that a man sworn to protect him with his very life will, instead, grab him or her out of your arms and set in motion a child’s worst nightmare:  being taken away from her mother by force and put in a very scary place.  The most important thing in our entire profession is protecting children, and now you’ve turned us in your child’s eyes into the monster under the bed.  If you do it in front of me I will loudly and firmly correct you in front of all the other customers.  Fair warning, so please refrain from rude cruelty when trying to redirect your children. 

            Back on task, we also need to consider what happens when a court has ordered supervised visitation.  Supervised visitation means a parent can visit, but only if a responsible person who has been assigned by the court is there at the same time.  This occurs when there have been allegations of child abuse or neglect, or when there is concern that the parent might snatch the kid and leave the state if left to his or her own devices. 
            Court-ordered supervisors are generally staff members at a local child protective services office, and though these tend to be very kind people, they are also overworked people with deadlines and phone calls to return.  The visitation is generally in a small office that has been supplied with a few toys.  Imagine how despairing it must feel to both parent and child to have to be monitored every moment of a visitation by a stranger in a gloomy office or cubicle. 
            Enter visitation/exchange programs.  These are cropping up all across the country, and chances are you have one near you.  They are generally grant-based non-profit centers where the safety and emotional well-being of the child is paramount, and the safety of the exchanging or visiting parents is also the priority.  Centers tend to be welcoming environments for children.  There are comfortable playrooms with age-appropriate toys, facilities for watching family movies, and picnic areas for nice lunches.  The visitations are monitored every second, but this is done in a way that allows for some sense of closeness between a parent and child. 
            A growing number of judges are ordering that all exchanges or visitations take place in professional exchange centers.  They realize that these centers put a lot of time into background checks on both sides, special needs of the children, and safety planning with local police agencies.  In short, these centers tend to be quite good at what they do, which is somewhat miraculous when you consider that achievement of mere adequacy has been the course for so many families for so many years. 
            Do some computer searching for an exchange center in your area.  Chances are you’ll find a superb one nearby, and most seem very willing to let prospective clients schedule a tour of the facilities.  This is a safer, saner way to manage exchanges and higher-risk visitations, and I encourage everyone to learn more about these facilities and incorporate them into your safety planning. 

From my family to you and yours:  Have an excellent, happy holiday, a merry Christmas, a memory-filled New Year’s Eve, and a momentous 2012. 

God Bless.  D.L. Williams

Happy Birthday Cage Fight

Cage Fight in the Kitchen is a year old!  It's been a hard fought year relative to domestic violence.  Mine ended last month with the murder conviction of a woman who brutally killed her two year old stepson, over two-hundred fifty cases, dozens of arrests, and speeches and seminar appearances in Texas, Missouri, Oregon, Missouri, Wyoming, and Arkansas.  I marched  in the Men's March Against Violence last week, and one of the proudest moments of my life was marching with that group of good men committed to non-violence in the home, shoulder to shoulder with my youngest son and father, led by a bagpipe band, and topping the hill to see my wife waiting with her camera ready.

There have been times when I've wondered if anyone reads this blog, or if it has any positive effect.  Who knows?  What I'm certain of, however, is that there are still men, women and children living afraid in their own homes, and that this means there is still work to be done.  So, the march continues....

God Bless, David Williams

Substance Abuse in Domestic Violence

Let’s begin with the premise that the use of intoxicating substance, whether they be legal such as alcohol, or illegal such as marijuana or crack cocaine, is not in and of itself evil.  People do stupid things when they are curious, frustrated, depressed or anxious, and more effort should be made in this country to prevent use and provide rehabilitation for those suffering from addiction. I believe strongly that abuse of drugs is the shortest path to destruction for any individual short of outright suicide, and that prevention and rehab programs save lives, help avert communities from deteriorating, and result in fewer inmates in our prison systems. 
Putting aside the tragedy of addiction for individuals, the real issue is not about the substances themselves but the black market associated with contraband.  Therein lies one of the most significant challenges for modern law enforcement.  That market brings with it the cruelest of violent acts, good people being caught in cross fires, organized criminal activity, and the smutty tendrils of other associated crimes that destroy communities.  Black markets turn Mayberry’s into Gangland’s, and they must not be tolerated by anyone who wants to live in comfort and peace.
Substance abuse plays a part in domestic violence in a myriad of ways.  For example, I have rarely gone into a home where violence has taken place when alcohol or other drugs were not used.  It is simply ingrained as part of the violence cycle that it is actually surprising when it is determined that no drugs are involved. 
I’ve heard it said that people on marijuana are more mellow and, therefore, less likely to have a propensity for violence.  Perhaps, but make no mistake that some of the most violent, cruel folks I’ve ever met dealt in and used marijuana on a regular basis.  Yes, that hearkens back to the black market issue, but individuals who dabble in or frequently access that market are inevitably exposed to that violence.  If you run in the rain, you’re going to get wet. 
To be clear, however, the drugs that seem to have the most violent influence in the home tend to be alcohol followed by methamphetamine in a distant second place.  For the moment, then, let’s leave all the illegal activity behind and focus entirely on alcohol. 
Why do some people get so sweet and funny when drinking, and others want to get in a bar fight or beat their significant others?  I don’t have a good scientific answer for you other than to say that in my very strong personal opinion, “mean drunks” are simply mean people who suppress their jerk personality most of the time, but can’t keep it hidden when they drink. 
Look, if you drink with a happy person, they are likely to tell you how much they love you, how wonderful the music is, their life philosophies, and their dreams and goals.  Drink with a person who is frustrated at work, and you’re likely to hear all about their swine of a boss for the next couple of hours.  Drink with a person who is angry at the world for never getting the right girl or job or break, and you’re likely to end up getting into or breaking up a fight as the evening draws on.  Personality and disposition plays a huge role in how well people tolerate liquor and how they respond to others when they’re on it. 
Now expand that to include angry people who get drunk at home, and who may also have a strong tendency to bully and control.  A toxic situation is in the works, and this can get even worse when the alcohol begins to affect the subordinate partner as well.  In other words, imagine the situation when a generally meek, controlled wife gets “uppity” because the alcohol has made a little spark of frustrated courage bubble to the surface.  Suddenly she’s telling the abusive person in her life what a bag of syphilis he’s been to her, and how she’s not going to take it anymore.  Just what is a violent, intoxicated, angry control freak to do?  Why, you re-establish the pecking order, of course. 
Another all-too-frequent scenario involves the sober victim and the increasingly intoxicated abuser.  In this situation the victim in a master/serving girl routine she’s been forced to “play” many times before is often serving the abusive partner the intoxicant.  In essence, she’s obliged to bring him the very substance she knows will get him worked up enough to become violent.  It becomes a vulgar race to see if she can get him drunk enough to pass out or to be able to outrun him before it occurs to him that she isn’t serving him properly and commences the beating.
One more common circumstance occurs when they’ve been out on the town, perhaps at a dance club.  This is generally a bad idea because even if she is as homely as a hippo, a man inclined to be violently controlling will believe that she’s wanting to have sex with every man in the bar once the guy gets a few drinks in him.  Jealousy is always ugly, but it’s downright hideous with this type of personality on whisky.  And heaven help her even more if she has the audacity to question his ability to drive while intoxicated.  She might as well have laughed at his penis size in front of her friends for all the hell she’ll catch once they’re home. 
Returning to illegal drugs allows us to explore a whole slew of other ways in which substance abuse has a negative impact on domestic violence.  For one thing, the very fact that illegal drugs are being used has a stifling effect in terms of people’s willingness to call the police.  The victim often won’t call for help out of fear she will be lassoed in for the dope bust or, in some cases, a significant portion of the current finances would be gone if her dope-peddling husband goes to jail. 
There can’t be enough attention paid to this issue.  When the abuser is also a distributor of illegal narcotics, he gains significant leverage over the people he controls.  If, for example, he is the sole bread winner, and he’s bringing in a nifty income from selling crack cocaine rocks, it may be extremely difficult to do anything that would remove him as the source of that income. 
Even worse, if the victim is addicted to the substance he happens to be selling, she knows that his removal from the home to jail also means the removal of her dope source.  This can be as terrifying as homelessness and hunger in some cases.  A fellow can get away with a hell of a lot if he’s supplying the crystal meth to an addict. 
Perhaps most tragically, many victims will refrain from seeking help when they’re in a violent relationship because they are terrified that the police or child protective services agencies will find out about the drug use and take the children away from her.  I don’t know about you, but I’d endure torture before I’d give up my kids.  Sadly, the fact that those children are being exposed to toxic pollutants, ongoing violence, and blatant disrespect for them and their mother often never occurs to people who are trapped in this nightmare. 
Yes, yes, shame on her for getting involved or addicted in the first place.  Glass houses and cast stones may occur to some at this point, because none of us gets through life mistake-less.  Don’t get me wrong:  drug addiction is a whopper, and there are times when children must be taken from their homes.  But in so many of these cases, people start using drugs for the simple reason that they want to escape, at least temporarily, from the stark knowledge that their life is hellish.  Drugs do that, albeit in a completely destructive way, but we repeatedly see this effort at clumsy self-medication in situations where violence and threats are a way of life.  Add on some level of mental illness such as chemical depression, and you begin to see just how slippery conditions become when street drugs are available that make you feel happy for the first time in months.  Never mind that the same drugs will rot you from the inside. 
This is where communities and shelters can do the most good.  When a person who is being routinely bullied and beaten learns that her community will support her in getting sober, establishing a rewarding life path, and staying safe while she engages in the fight of her life, she is much more likely to place her faith and energy in getting well.  If that person is successful, the community benefits from getting a productive citizen back, and the victim is rewarded with a rebirth. 
It’s a tough message, though.  Slavery to an abuser coupled with slavery to an addiction is a tough chain to break, especially if your self-esteem is low, the danger is high, and the incessant call of the drug is obsessive.  The resources and support system have to be in place, and the person must make a conscious decision that enough is enough for success to occur. 
That having been said, I don’t believe in coddling either a battered woman or an addicted person.  By and large we are talking about people who have a certain amount of street savvy and survival skills, and their propensity to try to manipulate the situation to get out of an arrest, invoke pity, deny responsibility, and repeat the same mistakes over and over tends to be pretty high.  A person can’t just talk about taking action as in, “I’m going to give him one more chance,” when she’s already given him ten one-more-chances, or “I’ve got control (of my addiction) back this time.  It [using] won’t happen again.”  They must actually take action. 
They can’t say they’re going to go to AA meetings, but always have a reason why they couldn’t go that day.  They can’t say they’ll go to rehab if it ever happens again, or promise to make an appointment with their doctor to get medical help.  If you’re talking about the possibility that you need rehab, you probably need rehab.  They can’t promise to stop going to the liquor store and then find themselves in line at the corner drive through.  Taking action is the difference between staying in an abusive household or escaping, killing yourself and destroying your family with drugs or seeking professional help, living lies that are wrecking your faith and the faith people have in you or demonstrating to the world that you are strong enough to control your own destiny. 
On the other hand, something truly remarkable happens when a person can finally break the chain of addiction, including the “addiction” of an abusive lifestyle.  People who find it within themselves to escape and make new lives for themselves, whether that be through a structured process such as a twelve-step program, going to a shelter, rehabilitation, wrap-around support of loved ones, medical interventions, or some method of their own device take on a certain zeal and passion.  You can see it in their physical makeup in that they look and move healthier than when they were being oppressed.  Many talk about their escape with the enthusiasm of a religious convert, bubbling over with their desire to spread the message of hope and empowerment they may be feeling for the first time in years.  It’s a response observers fervently hope lasts, and one in which loved ones and the professional service providers in their lives will line up to support and encourage. 

Immigrant Victims

I had a case once that involved a man who had arrived in the U.S. several years before his wife.  He arrived here after swimming the Rio Grande, worked hard, got amnesty under a federal program, and eventually was awarded with naturalized citizenship.  He opened a restaurant, and the American dream became his reality.  Eventually he held his hand out across the border to his wife, and she came to join him. 
            He began to beat her almost immediately, and this evidently continued through both pregnancies and past when the youngest child entered first grade.  The children had been born in America, so they held U.S. citizenship.  The husband had gained his citizenship.  Mom was the only “illegal” in the family, and he reminded her of that each and every day. 
He held this fact over her head constantly, often threatening that he would call Immigration officials if she didn’t obey him.  She was absolutely convinced that U.S. citizenship came with the extra benefit of direct access to federal law enforcement agents who were sitting around waiting for someone like her husband to call and inform on her. 
            This was especially terrifying because their children were U.S. citizens.  She knew that deportation meant they would be left at the mercy of a man she’d come to realize was monstrous.  Part of her decision to stay for as long as she had was her belief that her husband could have her sent out of the country on a whim, and that her children would become his next victims.  For years she chose to endure his physical and sexual assaults so that her children would not have to. 
            To make matters worse, he routinely sabotaged her efforts to gain citizenship herself, either by “losing” her paperwork, making anonymous calls that she was using illegal drugs to Immigration officials who were actually trying to help her, or simply refusing to take her to scheduled English classes and appointments.  He already controlled the pocket book, her ability to communicate with her friends and family, her transportation options, and then he added the wrinkle of controlling her very ability to stay in the same country with her children.  No wonder it took her so long to ask for help. 
During one episode he slammed her hand in a car door.  That incident was the first one ever witnessed by anyone outside their family, and it was the first time the police had ever been notified.  The person who dialed 911 from a pay phone refused to leave a name and left before we got there, so there were no witnesses, but the call helped in finally allowing a police agency to get involved. 
            I remember that she was absolutely terrified of all of us.  We were large, armed men with tremendous authority over her life right then, and she must have seen us as Gestapo.  Her husband kept yelling that he was going to have her deported, that she had spent her last night on American soil.  Her lips quivered, and her eyes stayed filled but not spilling for the first two hours. 
            She believed him, of course.  She had it in her head that American citizenship came with a secret pass or power to have others jailed and deported because he’d told her so many, many times.  She firmly believed that her husband, by all rights an extraordinary spirit for all that he’d overcome and accomplished, had friends in high places that were a phone call away from tearing her from their children.  He’d begun a pattern of abuse toward the boys of late, but she’d been able to distract him from them and get him to hit her instead for some time.  She shuddered imagining what would happen to them if she weren’t there to shield them from a man she’d come to accept as an abusive monster. 
            Truth was, I felt a little stuck.  The guy didn’t have the swing he’d convinced her he had, but he would definitely be able to make a phone call to federal immigration authorities once he bonded out of jail.  If he was successful in his plans, she’d be deported and there would be no witness to confront him at trial.  The charges would have to be dropped, and he’d reign supreme and unchallenged over two little boys.  This did not feel like justice. 
            That’s when I learned about the U-visa.  U-visas are a direct extension of the federal Violence Against Women Act of 1994.  Several strategies were employed under this act including more police officer training, more shelters and long-term housing for victims of domestic violence, and more funding for batterer’s intervention programs across the country.  The U-visa has turned out to be a nifty little idea designed to keep witnesses of violent or felony crimes in this country so that they can participate in removing hardened criminals from communities without having to worry about deportation. 
            The short version of how this works is that if an undocumented immigrant witnesses a serious crime, he or she has the opportunity to petition the U.S. government for the visa, which protects them from the deportation process during the length of the investigation and through prosecution.  For assisting in removing say, a drug dealer from the streets, a gang member, or a violent or sexual predator, they are then afforded a chance at staying in this country long enough to earn naturalized citizenship. 
            This is not instant citizenship, and the whole process can still take years, but it offers a real incentive for someone who is frightened and fed up to come forward and be offered a whole basket of protections.  Witnesses to crimes are already afforded police protection and protection under state and federal law, and now they can also be protected from removal from the country.  This is obviously good for them because they don’t have to hide or cringe every time they see a cop, and it is good for law enforcement because we keep a witness that will help us restore or maintain safe streets and homes. 
            The obvious crack in this plan is that some people might manufacture a witness statement for the sole purpose of initiating a U-visa application.  The only thing I can tell you is that there will always be flaws in a government bureaucracy, but this plan and process proves valuable time and time again.  Yes, some people might try to scam the system, but it would be a risky move to make up a story about felony crimes and hope it stuck all the way through the conviction phase, because any discovery of illegitimacy would likely result in criminal charges and rapid deportation.  Also, the victim advocates who generally make the referral tend to be very discerning in filing the U-visa applications and requesting the assistance of their local law enforcement agencies in completing the documentation.  Those advocates don’t want to be seen as sending undeserving applicants our way, so they are often more strict and hesitant to file than are we. 
            The forms are a little long and tedious.  Fortunately for us, law enforcement’s portion is short and simple.  We are asked to sign a document confirming that the applicant was an important part of our investigation, and that he or she cooperated fully with that investigation.  We then usually attach our police reports related to the matter and send it off for processing.  This is a good thing because law enforcement officers tend to have too many pieces of paper on their desks anyway, so something we can sign and move out in two minutes makes us happy. 
            Make no mistake; if you are a violent criminal, a sexual predator, a thief, or a drug dealer, I want you gone.  I want you in jail for your sentence and immediately deported afterwards.  I want to know everything about you, including what friends and family you have in the area so my colleagues and I can round you up even faster if you ever sneak back in our country.  I want Immigration officials to take a wife or child batterer as seriously as a member of an organized criminal conspiracy, and I want your life to be absolutely miserable while you scurry around in my country, trying to evade detection while preying on others. 
            However, if you’re a decent human being who somehow made it here from some other country in the simple hope of creating a better life for yourself or your children, I don’t want you to have to go about your day afraid of the police.  Yes, I want you to apply for documentation and be identified (just as we are through social security, taxes, driver’s licenses, etc.).  And, yes, I want you to go through the proper, admittedly long and bureaucratic process to earn citizenship here, just as I would if I were to choose to seek citizenship in another country.  My new home country deserves that respect and show of allegiance. 
Regardless of how or when you are identified, I want the message to be loud and clear that the police should and generally do recognize the difference between the severity of an undocumented worker and a drug dealer or a child molester.  You just can’t reasonably put them in the same category.  It would be like comparing a person speeding in her car to a person who steals cars.  If you want to get anywhere with the intricate, deeply entrenched problems associated with immigration, you have to start from a foundation of common sense and respect for the diverse human condition.  When you have that, you can participate in making sound, humane decisions that have the potential to improve individual lives, families, and entire communities. 
People who are afraid and being preyed upon need police assistance.  The alternative is for them to live in a form of slavery or to raise arms themselves in a form of vigilante justice.  Many street gangs around today were formed as a result of a need for greater protection coupled with a lack of faith in local police.  Neither of the alternatives is acceptable, so some mechanism for allowing oppressed people to come forward has to be allowed.  Currently a part of that mechanism can be realized through the U-visa program and through police agencies and officers able to exercise discretion when it comes to reaching for the greater good. 

Rape In The Home



Venus yields to caresses, not compulsion.
Publilius Syrus

There is perhaps no case more difficult to prosecute than that of domestic rape.  Convincing a jury of twelve people beyond a reasonable doubt that a man raped his wife is a high mountain to climb even in this twenty-first century.  Rape within intimate partners happens, though, and I suspect it happens far more often than we know.
Consider the fact that when you are talking about a domestic violence situation, you are always factoring in a significant level of power and control.  A man who beats his wife does so in order to manipulate and terrorize her.  The same can be said of rape in any context.  A man who attacks and rapes a woman on a jogging trail or during a home invasion does so out of little if any real interest in sex, and more out of a driving desire to control, degrade, and terrorize her.  The same is true for most of the invading hoards throughout history.  Raping and pillaging are synonymous with warfare, in part because victors get the spoils, but also because the victors have waged the war so that they can control another person or group and use the resources of that other party as they see fit.  Rape, whether it be done by a bloodied soldier berserk with the fact that he lived through the battle, a stranger who grabbed a person into the darkest foliage of a city park, or a man beating his wife and then prying her thighs open to impale her is all about control and violence.
Where the waters often get muddied is in the fact that marriage is generally assumed to involve some amount of sexual activity.  Yes, women empowerment has prospered at an astounding rate within my lifetime, but I think most would agree that there is in our culture some expectation that a wife have sex with her husband once in a while.  The truth is that many men and women truly believe that wives have an obligation to lay with their husbands periodically.  
How often this occurs is often a subject of negotiation or debate.  Who remembers the 1977 Woody Allen movie, Annie Hall in which Woody Allen’s character, Alvy Singer, and his wife’s character, Annie Hall, played by Diane Keaton are shown talking to their respective therapists on a split screen?  The two characters are asked how often they have sex with their spouse.  Alvy Singer replies, “Hardly ever…maybe three times a week.”  Annie Hall replies, “Constantly.  I’d say three times a week.”  
In those two lines, a whole culture’s take on spousal obligations and expectations is summed up hilariously, but I believe it is so funny because behind those lines there is a biting hint of the darkness and frustration inherent in many marriages.  If you watch just about any situation comedy on television nowadays in which married couples playfully joust for the camera and audience, there is almost always some continuing thread of a joke in which the husband tries to cajole the wife into more playtime in bed.  
However, any amusement one might find in the wheedling maneuvers for sex in movies or television turns quickly to something more related to a horror movie when the combination of “male entitlement,” driving power and control impulses, an already violent relationship, and a strong sexual impulse collide with a woman’s lack of desire and/or attempt to thwart her husband or boyfriend’s advances.  If you throw alcohol or drugs into the mix, a heated argument that he considers over but she does not, his intent to have “make up sex” and her firm resolve that he isn’t going to touch her yet, you have the natural science equivalent of a hungry bear whose trout was just stolen.  
Some of the worst attacks of a male on his wife or girlfriend I’ve ever investigated have involved some element of sex, either because he felt denied (and thus, disrespected) or because the ensuing rape was simply an extension of the battery itself.  Ironically, it is also one of the most under-reported crimes.  Often a victim will make a statement about the fact that she was threatened and beaten, but neglect to tell the part about how he forced her legs open and speared her vagina with his penis during the attack.  Clearly she didn’t want sex right then, and obviously it was forced.  That, by definition, is rape, but the act is infrequently reported due to embarrassment, a lack of knowledge that, yes, a wife can be raped by her husband, or simply because the investigating officer failed to ask.  
It’s important that police officers and medical staff members ask about sexual assault.  If there has been a domestic violence situation, and the violence occurred out of the eyesight of other witnesses, the question of rape needs to be broached at some point. This is a conversation held with a victim that must be done skillfully, sensitively, and thoroughly, but it should be explored any time there has been violence that was un-witnessed by others.  
If rape is alleged, in a domestic setting or otherwise, certain actions need to take place.  First and foremost, the victim needs to be seen by medical professionals and a sexual assault kit needs to be collected by a certified Sexual Assault Nurse Examiner (SANE).  It’s likely in a husband and wife scenario his DNA will be found within her vagina and other parts of her body.  His natural defense is that they had sex as husband and wife and, of course his DNA is going to be in there.  What should not be there, though, are wounds to her vagina and anal cavities, other bruises consistent with grabbing and holding, patterns of injuries associated with strangulation, heavy bruising on the buttocks and thighs from hard, repeated spankings, pulled out hair, and bite marks.  
Ah, but it was just “rough sex” he’ll say; trust me, that’s what he’ll say.  Weigh this statement with your own experience.  After sex, even playful rough sex, are you spent and satisfied, or do you get it into your head that you feel like calling the police and telling them what a violent jerk your partner is?  It doesn’t make sense that a woman who is lying in a hospital bed, sore and bleeding, telling a stranger, a police officer of all people, that her husband just beat and raped her if all that was involved was “rough sex.”  It is an insult to my intelligence and to good husbands and boyfriends everywhere that some controlling jerk damages this woman’s body and soul and then blames it on having a good time.  
There is another element of rape that often occurs during a false imprisonment incident.  In this situation a woman may choose to engage in sexual activity in order to calm a potentially violent situation or in order to negotiate her release from his custody in cases when he is refusing to let her go.  
False imprisonment generally happens when a guy realizes he’s gone too far.  He slapped his girlfriend around, and he suddenly realizes she’s mad enough to call the police this time.  He has to buy back some time, enough to be able to get her to forgive him.  What does he do?  He threatens to hurt her worse if she runs away or, in some cases, physically restrains her.  
In one case a gentleman strangled his girlfriend of three years after she found he had another “ex” girlfriend’s phone number in his cell phone.  She was miffed, and she let him know.  Then she told him she was going to call the other girlfriend and let her know he was dating both of them.  Guess what?  He didn’t like that idea, so he strangled her, broke her nose, and punched her in the area of her vagina.
She reached for her cell phone to call 911, and he ripped the phone into pieces.  She tried to make for the door, and he tackled her onto the couch--where he held her for the next eleven hours.  
Eleven hours of being held by a man who had made her nose and vagina bleed, made both of her eyes swell to the point of closing shut, her throat to hurt every time she swallowed.  Eleven hours of listening to him say how sorry he was and how it would never happen again if she’d just forgive him and, “Please, baby, please let me make love to you so I can show you how much I care about you.  Please baby…”
Eventually she gave in and, hell, what would you have done if you were in that much pain, and you couldn’t get away?  Within ten minutes of having sex with the man she walked out of his apartment under the bluff that she had to get to work.  She went to her mother’s, who got her medical care and then brought her right to the police station.  
In hostage negotiator’s lingo, she had successfully negotiated her own hostage release.   She got away and was able to get medical treatment and police assistance.  Of course, she had to get raped in order to get her freedom and safety back.  
The grim reality is that successful prosecutions in cases of rape involving husbands or live-in boyfriends are rare.  Almost all elements have to be in place: Outward signs of abuse, internal signs of vaginal trauma, a highly credible victim, and a confession from the husband; an unbiased witness wouldn’t hurt, either.  Without this nearly perfect package, it’s tough to get a lot of police officers and prosecutors to support an arrest warrant and prosecution.  Additionally, many defense attorneys will work to make her look like the smuttiest, most unfaithful, gold digging wife on the planet if she ever goes up on a witness stand.  You think rape trials are tough?  Imagine having one between two people going through a divorce.  
I lean in the direction of an aggressive arrest stance if reliable evidence is discovered to support the Victim’s allegations.  There are untold possibilities, and every case is different, but one example of a case supporting an arrest for rape would be if the victim is credible, she has clear signs of injury and bruising patterns consistent with being held against her will, and the suspect won’t give a statement.  
Yes, a suspect has the right to remain silent, and the fact that a man decides against making a statement to the police does not make him guilty.  However, if the Victim seems sincerely frightened, hurt and heartbroken, her statement is credible, and he offers no reply or evidence to refute her statement, a fair and impartial look at the facts at hand may well call for his arrest.  
That doesn’t imply that prosecution will be successful.  Again, a jury of twelve must be convinced that what an officers has arrested this man for really happened, and the fact that the husband or boyfriend exercised his Fifth Amendment right so as not to incriminate himself can’t be a sore subject at trial.  He did what he felt he needed to do; so did the victim, and so did the arresting officer.  
What value then is there to make an arrest if successful prosecution is going to be a gladiatorial fight to the finish?  First and foremost, the victimized woman knows that she was believed and that there are men and women who will stand with her through the whole process.  Having police officers, generally male police officers, care about her and protect her is empowering and uplifting.  The officers aren’t hurting her or emotionally assaulting her, they aren’t trying to have sex with her, and they ask nothing of her other than honesty and to follow their safety instructions.  Imagine having been a woman who has endured routine physical, emotional and sexual abuse coming in contact with a professional man wielding tremendous authority who focuses on her needs and safety.  In many cases, it is the first time in a woman’s adult life that someone has shown her she has value and is worthy of protection.  
Additionally, a solid arrest for rape may not make it all the way to trial, but it offers good leverage during any plea bargain stage.  Notice I said “solid” arrest.  Certainly police officers could tack on additional flimsy criminal offenses in any arrest situation in an attempt to manipulate a stiffer sentence later on down the road.  However, if the arrest charges are fair, and if they truly represent what the evidence is indicating, including a charge of rape has a way of allowing prosecutors to stand firm when it comes time to negotiating plea bargains.
Finally, a law enforcement community that shows they’ll aggressively pursue this type of crime gets a well-deserved reputation for being tough on known violent offenders.  That reputation can be an instrument of crime prevention as long as that tough-mindedness doesn’t extend into abusive practices.  I once worked a bank robbery case in which three men collaborated to hold up a little branch bank.  One of the men stated later that he’d tried in vain to talk his friends out of doing the deed.  During his statement he said, “I told them, you can’t rob a bank in this city.  Hell, they put you away for just slapping your girlfriend around here.  What do you think they’re going to do if we rob a bank?”  Alas, they robbed the bank anyway despite this man’s sage advice.  And, yes, we put them away.  
One fair word of caution:  An arrest for rape in any small to medium sized community is likely going to generate media exposure, bitterness and hatred between her family and friends and his, and it is definitely going to make for a long day on the witness stand for the victim.  She’ll be grilled by defense attorneys in a way that some feel is akin to being raped all over again, this time in public.  In short, ugly things happen when a rape arrest occurs, and it is only fair to discuss these issues with the victim before any action is taken; she needs to know what she’s getting into.  By the same token, this is the time when a lot of women become stronger than they’ve ever been before.  They get to participate in stopping a rapist from ever hurting another woman.  They have the support of an entire police department and prosecutorial team, victim advocates, medical and mental health professionals and, in many cases, a new lease on life.  The achievement of greatness doesn’t come without challenge, and this is one place in which a person who has lived life as a victim can surprise herself and everyone else by rising to the occasion and fighting back.  She should know she doesn’t have to do it alone.  

Strangulation


Strangulation is so important, such an extraordinary leap in the level of violence and danger when talking about domestic violence that it deserves a post of its very own.  When I see a strangulation case cross my desk, it becomes a priority investigation because this one factor raises the stakes to a level just under homicide.  Indeed, we’ve had some cases that were actually able to be prosecuted as attempted murder or attempted rape due to the fact that the suspect put his hands around the victim’s throat and squeezed hard enough to make her pass out, all the while growling, “I’m going to kill you.” 
It’s important to understand that the vast majority of strangulation cases don’t result in death.  Most strangulation incidents occur in a flash and generally only last a few seconds.  When the word strangulation is used, most people have an image of a person using a length of rope, a belt or, if you’re talking about Hollywood, piano wire. 
In the case of strangulation in a domestic violence situation, what is far more typical is that a man grabs a woman with one or both hands and squeezes to the point that she can’t breathe and her vision starts to go dark from a lack of adequate blood flow to the brain.  This is all going on in the context of threats and other acts of violence, so there is every reason for the victim to believe she is about to die.  If any article is actually used, it is often a pillow or a wet towel shoved down onto her face hard enough to create a sense of drowning, sometimes with enough force to actually break her nose and bones in the face. 
There are few things more intimidating than the thought of dying by suffocation.  Victims will talk of being “choked” by their attacker and describe their vision fading and narrowing as if they are looking into a tiny tunnel.  Humans tend to keep hearing things even after their vision has left, and victims frequently report that they could hear the batterer snarling or cursing even as they thought they were dying. 
Choking, by the way, is the term generally used by victims to describe strangulation.  Technically, choking is what happens when something blocks your windpipe from the inside such as a piece of food.  Strangulation is the act of squeezing the throat from the outside, which often results in the clamping off of major blood vessels and the airway.  Whether a victim says choked or strangled is less important than understanding just how dangerously violent this offense truly is. 
This particular act is statistically 99% male on female, and strangulations most often occur at the moment when a woman is denying the man something.  That could be denial of sex, respect, her (as in when she’s leaving), or some item he is demanding such as her cell phone. 
What that means is that strangulation is one of the ultimate control techniques.  In police work, we are all taught what some might refer to as “choke holds” in one form or another.  In recent years modifications in the old school style of police chokeholds have made the techniques less dangerous, but they are still only to be used in the event that a bad guy is about to get the better of us if we don’t try something drastic. 
It doesn’t take a lot of imagination to see how this thing plays out; they argue, she says she’s leaving, he orders her to stay, she grabs her purse, he yanks it away, she slaps him and turns to head out the door, he grabs her and then encircles her throat with his hands. 
“You’re not leaving.  I’ll kill you before you leave me.”  He squeezes, sees her eyes open in absolute terror and, in most cases, shoves her down to the floor right before she goes completely unconscious. 
This accomplishes two things.  First, the actual physical fight is probably pretty much over right about then.  I went through a near-drowning incident once during a training exercise in a river rescue course.  The river tried to swallow me at one point, and it was a little dicey for a few minutes until my comrades got rope to me and dragged my butt out of the current.  Let me tell you, I felt pretty stupid, extremely fortunate to be working with the extraordinary men and women who saved my life, and completely meek and empty of spunk.  I had used up all my fight in the river, and there wasn’t much left in me at all.  When I apply that feeling to what a woman must feel right after she’s just been through her own fight with suffocation, I feel certain that whatever fire she had in her belly was all but extinguished at the moment she thought she was dying from one of the most terrifying methods of death imaginable. 
The second result is that the man has shown her in no uncertain terms that he absolutely controls her life.  Remember the power and control wheel phenomenon from a previous chapter?  For a few seconds there, he literally held her life in his hands.  It was his to do with as he chose.  He chose not to take it, and don’t think for a second he won’t remind her of that in subtle ways in the hours and weeks to come.  How euphoric and god-like to control the destiny of another human being when you are, by your very nature, a person who craves control. 
One of the more ridiculous and dangerous strangulation cases I ever worked involved a giant of a man with the musculature of a professional wrestler.  The man was entirely solid, strong as a tractor, and as selfishly dense as a two-year-old. 
The problem at hand was that his girlfriend got pregnant, a fate he equated with the destruction of his dream to play pro football.  In an argument over what was to be done about the situation, he demanded that she have an abortion.  She refused, so he struck her with one of his enormous paws while repeatedly reminding her that she wasn’t going to get any of his football career money.  She, you should know, weighed not quite one-hundred pounds, and the top of her head came to about the middle of his rib cage, so his blow sent her tumbling backwards. 
He’d slapped her before, but she told us this was the first time he’d ever hit her “like a man,” and she decided she’d have none of it.  “Fine,” she said, “I’ll raise our baby on my own, but you’re going to pay child support,” at which point she grabbed her purse and made to indignantly leave his apartment forever. 
He responded by tackling her.  Tackling her! And she fell in a crushed petite mess on the cement porch outside.  At that point he decided it wouldn’t be good for the neighbors to see all this, so he dragged her back in by the hair and shut his door.  Yes, I said by the hair, and any image you may have just flashed upon having to do with cavemen dragging women captured in raids on other villages is entirely apropos. 
About that time he questioned whether or not he was even the father of the child, insinuating that she had been “slutty” and therefore might have gotten pregnant from someone else.  She had not, in fact, been with any other man, ever, and the fact that the father of her unborn child was accusing her of such hurt her to the core.  It made her pretty pissed, too, and she responded by slapping him as hard as her little pixie-sized hand could muster. 
At which point the pounding began.  He never hit her in the face, a fact he repeatedly pointed out to me later, as if this somehow made everything okay.  He did, however, punch her repeatedly in the pelvis in an undisguised attempt to prompt a spontaneous abortion.  After four or five ferocious blows to her lower stomach and vaginal area she was able to roll into a little ball, all the while bawling hysterically and trying like hell to cover her head, ribs and pelvis all at the same time.
I suppose we’ll never know why he made the transition from raining down blows to grabbing her by the throat, but that’s eventually what he did.  We know from talking to both of them later that she had the wherewithal to try to dial 911 with her cell phone, even as he was hitting her repeatedly, and it became clear to us that she had tried hard to keep the phone from him by grasping it to her chest with both hands and holding onto it like it was her only lifeline in the most horrific of stormy seas.  It was, and you’ll be gratified to know that the rest of this attack was recorded and overheard by the emergency call-taker at the 911 Center. 
His response to her using her phone and trying to keep it from him was to wrestle the phone from her grip and throw it across the room (though it still continued to record), and then show her how frustrated he was with her actions by grasping her little neck in his gigantic hands and trying to squeeze the life out of her. 
Maybe something in her bulging eyes, or the fact that she was gurgling and clearly not moving air in and out of her lungs made him pause long enough to realize he was killing her and stop.  He was still calling her a slut and cursing her loudly enough for the responding officers to hear him through the front door when they arrived a couple of minutes later.  
But he never hit her in the face.  Good lad. 
The thing about manual strangulation is that the injuries often don’t show up on the neck right away.  If someone used a rope, piano wire, a shoestring, or an electrical cord, the wound patterns are generally visible and distinctive.  Often you can even pick out the pattern of the braid in a cord or the exact shape of the wire used.  When hands are the tools used to squeeze the throat, it is actually more often than not that external bruising doesn’t occur.  This becomes problematic for police officers who are looking for visible evidence such as redness, bruising or swelling around the neck, especially when the victim is tanned or darker skinned.
The human throat is designed to give a bit so that all those vital things on the inside such as large arteries, the trachea and larynx, esophagus, and cervical spine have a little wiggle room when carnivores try to clamp down on that area with large jaws.  This extra room is what leads to turkey necks and cosmetic surgeries for neck lifts in later years.  It is also a simplified reason for why this area of the body doesn’t visibly bruise dramatically as opposed to the areas over arms, ribs and cheeks where squeezing, grabbing and punching result in small blood vessels being smashed between the force and bone.  
For this reason, bruises around the neck and throat should be given extra attention, because this is a clear sign that the force exerted when the attacker was squeezing was extraordinary.  However, the absence of bruising doesn’t mean strangulation didn’t occur, and thorough investigators will ask additional questions when a victim reports she has been “choked.” 
There are three basic areas to explore when asking questions about the effects of strangulation.  First, it is important to clearly understand what was going on inside her head as her throat was being squeezed shut.  Statements such as, “I thought I was going to die,” or, “I knew he was going to kill me this time,” are pretty compelling and should be part of the police report to show how frightened she was by this action. 
Next, it is imperative that questions pertaining to her pain during and after the event be asked.  A statement such as, “It felt like my neck bones were getting ready to snap,” is a chilling testimony to how far the abuser went that day.  If it hurts her to swallow or take a deep breath, turn her neck, or be touched around her neck or throat after the incident is over, it is critical to the investigation and prosecution that this be recorded in a police report.  It is equally important that this information be documented by medical staff, both for the sake of making sure she gets the proper medical attention and care she needs, and also for the purpose of having medical records that can be used to prosecute the batterer at a later date.
Finally, investigators and medical staff need to know if the victim suffered or is suffering any ill effects from the strangulation such as sore throat, hoarseness, headache, visual disturbances, dizziness, or weakness in the arms or legs. 
Which brings us to a very important element often overlooked in strangulation cases, and that is the need to get the victim examined and treated by medical personnel.  The absence of bruising and swelling on the outside doesn’t necessarily mean there isn’t bruising and swelling going on internally, and one place you definitely don’t want swelling from the inside out is your throat.  A victim who has mild sore throat or hoarseness at the crime scene might well suffocate from advanced internal swelling hours later, so even mild symptoms following a violent strangulation attack must be medically assessed as a priority. 
Police officers, friends and family members of strangulation victims need to strongly encourage and urge her to seek medical attention after such an episode.  Obviously no one can make a victim see a doctor, but the importance of doing so relative to her own safety, the emotional well-being of her worried friends and family members, and to the elements of a successful prosecution should all be stressed when trying to convince her that she needs to be seen right away. 
Yes, it is a hassle to go to an emergency room and, yes, she might get billed by the hospital and, yes, she may not make it to work on time if she goes and, yes, someone other than her will have to take care of her children for a few hours--and yes, her life and long-term health are worth it. 
Strangulation is serious business, and it is far more common than most people ever imagine.  An attack that involves a strangulation episode, even one lasting just a few seconds, represents a dramatic escalation in the level of violence, control, and threat to life, and it should be treated as such by victims, police officers, employers, friends and family, victim advocates, prosecutors, judges and juries.