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28/4/02
Women Who Kill Too Much and the
Courts That Free Them:
The Twelve 'Female-Only'
Defenses
Excerpted from "The Myth
of Male Power"
Warren Farrell
1) THE INNOCENT WOMAN DEFENSE
I am starting with the innocent woman defense
because it underlies all twelve defenses. At first I had called this the
"Female Credibility Principle" because of the tendency to see women as
more credible than men because of being thought more innocent. However, even
when women admitted making false allegations that they were raped or that their
husbands abused them, for example, their admission that they lied was often NOT
believed.Therefore the belief in the innocent woman ran even deeper than the
tendency to believe women.
2.) THE PMS DEFENSE ("MY BODY, NO
CHOICE")
In 1970, when Dr. Edgar Berman said women's
hormones during menstruation and menopause could have a detrimental influence on
women's decision making, feminists were outraged. He was soon served up as the
quintessential example of medical male chauvinism. But by the 1980s, some
feminists were saying that PMS was the reason a woman who deliberately killed a
man should go free. In England, the PMS defense freed Christine English after
confessed to killing her boyfriend by deliberately ramming him into a utility
pole with her car; and after killing a co-worker, Sandie Smith was put on
probation - with one condition: she must report monthly for injections of
progesterone to control symptoms of PMS. By the 1990s, the PMS defense paved the
way for other hormonal defenses.
Sheryl Lynn Massip could place her 6 month old
son under a car, run over him repeatedly, and then, uncertain he was dead, do it
again, then claim postpartum depression and be given outpatient medical help. No
feminist protested.
3.) THE HUSBAND DEFENSE
The film "I Love You to Death" was
based on a true story of a woman who tried to kill her husband when she
discovered he had been unfaithful. She and her mom tried to poison him, then
hired mugger to beat him and shoot him through the head. A fluke led to their
being caught and sent to jail. Miraculously, the husband survived. The husband's
first response? Soon after he recovered he informed authorities that he would
not press charges. His second response? He defended his wife's attempts to kill
him. He felt so guilty being sexually unfaithful that he thanked his wife! He
then re-proposed to her. She verbally abused him, then accepted.
4.) THE "BATTERED WOMAN SYNDROME"
DEFENSE, AKA LEARNED HELPLESSNESS
Until 1982, anyone who called premeditated
murder self-defense would have been laughed out of court. But in 1982, Lenore
Walker won the first legal victory for her women-only theory of learned
helplessness, which suggests that a woman whose husband or boyfriend batters her
becomes fearful for her life and helplessness to leave him so if she kills him,
it is really self-defense - even if she has premeditated his murder. The woman
is said to be a victim of the Battered Woman Syndrome. Is it possible a woman
could kill, let's say, for insurance money? Lenore Walker says no: she claims,
"Women don't kill men unless they've been pushed to a point of
desperation." Ironically feminists had often said, "There's never an
excuse for violence against a woman." Now they were saying, "But
there's always an excuse for violence against a man... if a woman does it."
That sexism is now called the law in 15 states.
5.) "THE DEPRESSED MOTHER" DEFENSE:
BABY BLUES AND TERRIBLE TWOS
Remember Sheryl Lynn Massip, a mother in her
mid-twenties who murdered he 6-month old son by crushing its head under the
wheel of the family car? Massip systematically covered up the murder until she
was discovered. Then she testified that she suffered from post-partum depression
- or "baby blues." Her sentence?? Treatment. Mothers do, get the baby
blues. As do dads. Were the husband to kill his baby, as Sheryl Lynn did, it is
unlikely that we would just treat him for baby blues or Save the Marriage
Syndrome. Why does her version of baby blues allow her to receive treatment for
child murder, when he would receive life in prison for child murder, with or
without baby blues?
The Terrible Twos
Josephine Mesa beat her 2-year-old son to
death with the wooden handle of a toilet plunger. She buried the battered baby
in a trash bin. When scavengers found the baby outside her Oceanside, California
apartment, she denied she new him. When the evidence became overwhelming, she
confessed. The excuse? She was depressed. The child was going through terrible
twos. The punishment? Counseling, probation and anti-depressants. She never
spent a day behind bars.
6. THE "MOTHERS DON'T KILL" DEFENSE
ITEM. Illinois. Paula Sims reported that her
first daughter, Loralei, was abducted by a masked gunman. In fact she murdered
Loralei. But she got away with it. So when her next daughter, Heather Lee,
disappointed her, she suffocated her, threw her in the trash barrel, and said
another masked gunman had abducted her daughter. It wasn't until the second
"masked gunman" abduction that a serious search was conducted. Only
the serious search led to evidence. Might Heather Lee be alive today if mothers
did not have a special immunity from serious investigation?
7. THE "CHILDREN NEED THEIR MOTHER"
DEFENSE
ITEM. Colorado. Lory Foster's husband had
returned from Vietnam and was going through mood-swings both from post traumatic
stress syndrome and diabetes. They had gotten into a fight and he had abused
her. So she killed him. Yet, even the prosecutor did not ask for a jail term.
Why not? So Lory could care for the children... Lory was given counseling and
vocational training at state expense.The most frequent justification for freeing
mothers who kill their children is that their children need them. Moreover, if
mothers were freed because "children are the first priority," then
fathers would be freed just as often. But they are not. Even when no mother is
available.
8. THE "BLAME THE FATHER, UNDERSTAND THE
MOTHER" DEFENSE
ITEM. Ramiro Rodriguez was driving back from
the supermarket. His daughter was sitting on his wife's lap. As Ramiro made a
left turn, a van crashed into the car and his daughter was killed. Ramiro was
charged with homicide. The reason? His daughter was not placed in a safety seat.
Ramiro explained that his daughter was sick and wanted to be held so HIS WIFE
DECIDED to hold her. Yet only Ramiro was charged. The mother was charged with
nothing. Ramiro was eventually acquitted after protests over the racism. No one
saw the sexism.
9.) THE "MY CHILD, MY RIGHT TO ABUSE
IT" DEFENSE
A million crack-addicted children since 1987,
but only sixty of the mothers have faced criminal charges. One was convicted.
That conviction was reversed by the Michigan Supreme Court. 3 percent of infants
in Washington D.C. die from cocaine addiction, but no mothers go to prison. The
right to choose means the right to kill - not a fetus but a child. Should the
mother who addicts her child to crack have any more rights another child abuser
or drug dealer. How can we give a normal drug dealer a life sentence but claim
that a mother that deals drugs to her own child should not so much as stand
trial? If we feel compassion for the circumstances that drove her to drugs,
where is our compassion for the circumstances that drove the drug dealer to
drugs, the child abuser to abuse, the murderer...
10. THE PLEA BARGAIN DEFENSE
Once a woman is seen as more innocent, her
testimony is more valued, which leads to prosecutors offering the woman a plea
bargain in crimes committed jointly by a woman and a man. And if a District
Attorney is up for reelection, the Chivalry Factor allows him to look like a
hero when his office prosecutes a man or a bully if he should put a woman behind
bars.
11.) THE SVENGALI DEFENSE
A beautiful woman dubbed "The Miss
America Bandit" conducted an armed robbery of a bank. Federal Sentencing
guidelines called for a minimum of four and a half to five years in federal
prison. The federal judge gave her two years because she told the judge that she
was in love with her hairdresser and he had wanted her to rob the bank. The
judge concluded, "Men have always exercised malevolent influence over
women, and women seem to be soft-touches for it, particularly if sex is
involved....It seems to me the Svengali-Trilby relationship is the motivating
force behind this lady....the main thing is sex." [Svengali is a fictional
character said to have hypnotic qualities of persuasion over the innocent
Trilby.]
12.) THE CONTRACT KILLING DEFENSE... DEFEND
SELF BY HIRING SOMEONE ELSE
When I did the first review of my files in
preparation for this section on contract killing, I was struck by some
fascinating patterns. First, all of these women hired boys or men. Second, their
targets were usually husbands, ex-husbands, or fathers - men they had once
loved. Third, the targeted man usually had an insurance policy significantly
larger than the man's next few years income. Fourth, the women often were never
serious suspects until some coincidence exposed their plot. Fifth, the women
usually chose one of three methods by which to kill: she (1) persuaded her
boyfriend to do the killing (in reverse Svengali style); (2) hired some young
boys from a disadvantaged background to do it for a small amount of money; or
(3) hired a professional killer, thus usually using the money her husband earned
to kill her husband. Dixie Dyson tucked in her husband for his last night's
sleep. She had arranged to have a lifelong friend and a boyfriend pretend to
"break and enter,", then rape her, kill her husband, then
"escape." She would collect the insurance money.
At the last moment, the lifelong friend backed
out, but the boyfriend and Dixie managed to kill Dixie's husband after 27
stabbings. They were caught. Dixie "cut a deal" to reduce her sentence
by reporting the boyfriend and his friend. The friend who backed out got 25
years for conspiracy.
Deborah Ann Werner was due one third of her
dad's estate. She asked her daughter to find some boys to murder him by plunging
a knife through his neck.
Diana Bogadanoff hired two young men to kill
her husband on an isolated nudist beach, while she watched. After he was shot
through the head, she reported the killers but produced no motive for the murder
- no money was stolen and she was not sexually molested. Diana did not become a
suspect until an anonymous caller contacted a nationwide crime hotline. The
caller coincidentally heard about the murder on the radio and remembered a
friend describing just such a murder he had refused to do... on an isolated
nudist beach while a woman named Diana watched. Without this tip, Diana would
never have become even a suspect.
HOW INDIVIDUAL WOMEN ARE GIVEN MORE POWER TO
KILL THAN THE ENTIRE U.S. GOVERNMENT
Taken together, the twelve female-only
defenses allow almost any woman to take it upon herself to "exercise the
death penalty." The government is not allowed to take it upon itself to
kill someone first and declare him or her an abuser later - only a woman can do
that to a man.
DO MEN KILL WOMEN MORE THAN WOMEN KILL MEN?
THE SIX BLINDERS
1. A woman is more likely to poison a man than
shoot him, and poisoning is often recorded as a heart attack or accident. [This
will skew the figures]
2. Contract killing is also less detectable
because it is premeditated and often hired out to a professional. When it is
discovered the Department of Justice registers it as a "multiple offender
killing" - it never gets recorded as a woman killing a man. [This will skew
the figures]
3. The money factor. Women who murder husbands
or boyfriends usually come from middle class backgrounds The money allows the
best lawyers, more acquittals, therefore fewer female murderers to become
Justice Department Statistics.
4. and 5. The Chivalry Factor, the Innocent
Woman Factor prevent many women from becoming serious suspects to begin with.
6. The Plea Bargain Defense sometimes leads to
the dismissal of charges.
When the six blinders are combined, we can see
how we have consciously and unconsciously kept ourselves blind to women who
murder men. A distortion of statistics is created by the Six Blinders. But a
distortion of perception is created by the media's tendency to make it
international news when men murder women (the University of Montreal Murderer,
the Hillside and Boston stranglers) and, unless the man is famous, to make it
local news when a woman murders only a man.
In brief, it is impossible to know the degree
to which the sexes kill each other. The only thing we know for certain is that
both sexes kill more men than they kill women.
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