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GLENN SACKS ARCHIVE
Glenn writes a regular
column for the Los Angeles Daily Journal and the San
Francisco Daily Journal. His columns have also appeared in the
Los Angeles Times, the Los Angeles Daily News, the Salt
Lake City Tribune, the Sacramento Business Journal, and
others.

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Guest Article... |
Baseball
Player's Domestic Violence Arrest Demonstrates How Men are Presumed
Guilty in Domestic Disputes
by
Glenn Sacks
© 2002

Baltimore
Orioles pitcher Scott Erickson was arrested after an altercation with
his girlfriend last week--the latest example of how police often
arrest men who have been attacked by their female partners.
According to
the Associated Press, the Baltimore police concluded that Erickson's
girlfriend Lisa Ortiz: initiated the fight by hurling objects; decided
to come back twice after Erickson carried her out of the apartment;
repeatedly kicked the apartment door; caused Erickson two minor
injuries, one of them to his pitching arm; and herself suffered no
injuries.
Nonetheless
the police, who were operating under Maryland's mandatory arrest law,
interpreted Erickson's actions as excessive and are charging him with
second-degree assault. Ortiz states that Erickson, who did not pursue
her either time after carrying her out, "has never been physically
abusive toward me, and in no way do I feel threatened or felt fear
from Scott."
Ortiz was
not arrested.
Domestic
violence activist Greg Schmidt, a police lieutenant who created the
Seattle police department's domestic violence investigation unit in
1994, says that cases like Erickson's demonstrate the way men are
often presumed guilty in domestic disputes. He notes that mandatory
arrest laws, such as California's, frustrate police officers because
they are "expected to make arrests in petty incidents, often where the
woman is the aggressor, the abuse is mutual, or it is unclear who the
aggressor was."
"The domestic
violence industry--the trainers, the shelter directors, etc.--can spin
things however they want," he says, "but most street cops know that
women are just as likely to start domestic disputes as men are. But
arresting women puts you under lot of scrutiny. It's bad for your
career."
Schmidt also
criticizes the dominant aggressor doctrine which discourages dual
arrests (which are often an appropriate measure) and instructs police
to downplay who struck the first blow. Instead, police are asked to
focus on who is (supposedly) in control of the situation and who is
more fearful--often code words for "arrest the man."
Part of the
problem is the training that police officers receive from the domestic
violence industry, which insists that 95% of domestic violence is
committed by men. Southern California domestic violence consultant
Anne O'Dell, who has conducted over 500 domestic violence trainings of
police officers and commanders, judges, district attorneys, and victim
advocates, tells her trainees that "if a police officer is arresting
more than 8% women, you've got a real problem. When an officer
arrests 12% or 15% women, I'm outraged." O'Dell says that dual arrests
should occur in no more than 3% of incidents.
There is
virtually no current data which supports the "95%" myth. According to
the US Department of Justice's 1998 Report on the National Violence
Against Women Survey, men comprise nearly 40% of all domestic
violence victims. California State Long Beach University professor
Martin Fiebert has compiled an on-line bibliography (www.csulb.edu/~mfiebert/assault.htm)
which examines 130 scholarly investigations (104 empirical studies and
26 reviews and/or analyses) which demonstrate that women are as
physically aggressive, or more aggressive, than men in their
relationships with their spouses or male partners. The aggregate
sample size in the reviewed studies exceeds 77,000.
Domestic
violence researchers Susan Steinmetz, Richard Gelles, and Murray
Straus, early advocates for battered women and authors of the
influential and groundbreaking Behind Closed Doors: Violence in
American Families, conducted two major studies for the Family
Research Laboratory at the University of New Hampshire, both of which
found similar rates of abuse between husbands and wives.
As Gelles
explained in "The Missing Persons of Domestic Violence: Male Victims,"
"Contrary to the claim that women only hit in self-defense, we found
that women were as likely to initiate the violence as were men."
In addition,
studies by researchers R.L. McNeeley and Coramae Richey Mann show that
women compensate for their lesser physical strength by their greater
use of weapons and the element of surprise .
According to Phil Cook, author of Abused Men the Hidden Side of
Domestic Violence, while abused women tend to be seriously injured
more than abused men, often it is men who receive the most serious
injuries, because of the weapons factor.
Once a man is
arrested for domestic violence it can be difficult (and expensive) for
him to extricate himself. Family law attorney Lisa Scott, founder of
the domestic violence activist group Taking Action Against Bias in the
System, says that district attorneys are rarely willing to drop
domestic violence cases against men, even when the evidence is scant
and the female "victims" themselves ask that charges be dropped.
Many women's
advocates correctly note that these drop requests can at times be
motivated by economic dependency or because women are unfairly made to
feel guilty for nonviolently "provoking" violent men. However, Scott
explains that it is much more common that women request drops because
they know that they initiated the violence, or that they participated
equally in it, and they do not want their male partners to be
prosecuted unfairly.
Men in
Erickson's position often face an agonizing choice. If they do
nothing, they allow the abuse to continue and possibly escalate. If
they attempt to defend themselves, they take the chance that someone
will call the police and they will be arrested. If they call the
police, they are in danger of being arrested and prosecuted for what
is really their female partners' violence.
According to
Gay Kennedy, formerly the domestic violence adviser on the LAPD Harbor
Division advisory board, "the system has become very unfair to men."
"Studies show
that there are many male victims of domestic violence but that they
don't report it," she notes. "It's not hard to see why. Anyone who is
attacked by their partner should call the police, but male victims
don't want to risk being sucked into a system which is hopelessly
stacked against them. And the domestic violence industry, which is
rife with anti-male prejudice, is part of the problem."
This article originally
appeared on the Glenn J. Sacks
Website
and appears here with the permission of the author.

Copyright 2001 Glenn
Sacks, all rights reserved
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