Treason's True Bed

I don't know how many of you have heard of Marissa Alexander, of Florida. She was sentenced to 20 years in 2012 after firing a single gunshot at the ceiling of her home in an attempt to scare her estranged husband, Rico Gray.  Right before she did this, Alexander had locked herself in the bathroom; Gray broke through, grabbed her by the neck, and shoved her into the broken door.  She tried to escape through the garage, but the garage door wouldn't open.  She grabbed her gun from the car and went back in the house.  When Gray saw Alexander with a gun, he “charged her ‘in a rage,’ saying, ‘Bitch, I'll kill you.’”  She shot the gun at the ceiling, he backed off, no one was harmed.

"Safe enough for babies" - I know, irrelevant,
but I couldn't resist.  

Now before this incident, Gray had previously tried to choke her, strangle her, regularly threatened to kill her, shoved her around, and hospitalized her.  She'd gotten a restraining order against him.  She was charged with 3 counts of aggravated assault, and claimed immunity under Florida's "Stand Your Ground" (SYG) law.  But judge denied her immunity, and a jury sentenced her to TWENTY YEARS IN PRISON.  She appealed and was granted a new trial due to erroneous jury instructions; she is currently freed; but throughout, the court reaffirmed that she couldn't claim SYG as a defense.

You may be wondering, what the hell????

Back in 2005, Florida became the first state to adopt a SYG law.  Based on British common law on self-defense, SYG eliminates the duty to retreat when using self-defense and expands the “Castle Doctrine.”  BUT SYG specifically denies people prosecutorial immunity under SYG if “[t]he person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, [or] residence . . . such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision of no contact order against that person.”   (Much of this comes from the American Criminal Review.)

In case you're wondering, the NRA helped write Florida’s SYG law; and most SYG laws are based on Florida's.  (See - We Helped Draft It" here)  Now the NRA will tell you that SYG allows women to protect themselves from rapists, etc.  But that's only from rapists who are strangers.  If you know them - well, you're gonna have to figure something else out.  

NERD NOTE:  82% of women who have been raped were raped by someone they knew; only 18% by a stranger.  (See Rape Statistics here)

So, despite the fact that women are more likely to be victims of domestic violence than of stranger-danger, 82% v. 18%, those violent partners are the specific people women are not allowed to defend themselves against under SYG.  BTW, the NRA specifically helped write it this way.  

So, okay, you might say, all they have to do is get a protective order.  Yeah, well, only 28% of female victims get one.  Most victims of domestic violence are afraid, desperately afraid.  And rightly so. I've seen cases where the man waited until the woman came out of the courthouse and either killed her in the parking lot and/or followed her to her next destination and beat the crap out of her and/or killed her.  (Marissa Alexander HAD a protective order, and was STILL denied SYG.)

And it's not just Marissa Alexander.  Take a gander at this blog from Patheos listing dozens of horrendous but true examples of women trying to defend themselves and/or their families, and ending up in prison:  http://www.patheos.com/blogs/lovejoyfeminism/2016/08/why-is-the-nra-ignoring-this-14-year-old-girl-jailed-for-shooting-her-abusive-father.html. 

What in the holy hell is going on?  Well, for one thing, the NRA has consistently opposed revoking a person's 2nd Amendment Rights (i.e., the right to own a gun) just because they have been convicted of domestic violence, no matter how heinous and disturbing.  And most people who have been convicted of domestic violence and/or have protection orders against them are, sadly, male.  

SCJ Clarence Thomas

NOTE 1:  To be fair, the NRA is beginning to walk back a tiny, tiny, tiny bit on the issue of convicted domestic abusers, mostly because (1) Women have been raising holy hell about it; and   (2) women vote; and (3) a high-profile executive of the NRA was in a high-profile domestic abuse case, and the publicity fall-out was bad.  BUT - it's still only a little walking back - the NRA still opposes expanded background checks, opposes including things like stalking under "domestic abuse", and opposes giving abused women SYG rights.  (It also depends on the state) 

NOTE 2: It also depends on the judge:  In February, 2016, Supreme Court Justice Clarence Thomas spoke for the first time in 10 years from the bench - to protest against making a “misdemeanor violation of domestic conduct... result in a lifetime ban on possession of a gun, which, at least as of now, is still a constitutional right.”  (See here)  

So what is going on?  Why don't women have the same rights to SYG when their lives are threatened, even if it is a domestic partner?  

I think it all goes back to the olden days, when British common law said that acts of petty treason were: 

• a wife killing her husband, (no matter what the reason)
• a clergyman killing his prelate (i.e., superior)
• a servant killing his master or mistress, or his master's wife

And notice this little detail:

A man (clergyman/servant) convicted of petty treason was punished with hanging.
A woman convicted of petty treason was punished by being burned at the stake.

A significant difference in punishment level even back then, wouldn't you agree?

This significant difference in punishment level still holds true:

"The average prison sentence for men who kill their intimate partners is 2 to 6 years. Women who kill their partners are sentenced, on average, to 15 years." (University of Michigan study here)  

Stand your ground?  If only they could...