Content note: This post discusses a domestic violence case involving a woman with disabilities, and includes details on domestic violence apologism as well as threats made in the court room.
Disability and domestic violence are intersecting issues with very serious consequences. People with disabilities are more likely to experience domestic violence and we are also less likely to receive assistance. We may be afraid of reporting, we may not be believed when we do report, and when our cases do go to court, sometimes the attorneys supposedly prosecuting our abusers engage in domestic violence apologism.
A recent court case in England is a classic example of what often plays out when people with disabilities are abused and report it. Two pensioners were married for 37 years. In 2003, the wife1 experienced a stroke. Seven years later, her husband started abusing her, because he apparently decided that her disability was an ‘act.’
On May 9 at about 11am [she] was sitting at the lounge table doing some paperwork. Earlier she had put some logs on a woodburner. He came in and said was she trying to burn the house down and then hit her around the head three or four times. She grabbed the phone to call the police but he took it off her and threw it in the fire. She then left the house and tried to get in her car but he took the keys.
‘She got in anyway and locked herself inside. He then drove his car in front of hers to block it, not that she could get anywhere as she didn’t have any keys. She called the day centre and her daughter for help. After about half an hour her daughter and son arrived.’
The next day, she reported her abuse to social services, and it ended up in court. Here’s what the defense said about the husband’s actions:
‘He couldn’t get any help with her because where they live is so remote so they were stuck together and the frustrations built.’
This type of apologism comes up a lot. ‘She made me do it’ is a classic excuse used for domestic violence regardless of disability status, and with disability in particular, it’s very popular, evidently, to make claims that it was the disability that drove the abuser into becoming abusive. This naturally legitimises abuse, because while people condemn it on the surface, they secretly think things like ‘well, he was under lots of pressure’ or ‘I can’t imagine what it would be like to be a caregiver’ or ‘it must be so hard to have no help.’ Caregiver abuse becomes acceptable because, well, disability is just such a burden and it’s so hard and they didn’t get the services they needed.
Caregiver abuse doesn’t stop with cases like the one above. There have been a number of cases this year alone where caregivers have killed people and it’s reported in the media as a tragedy for the caregiver. Courts tend to return more lenient verdicts to abusers and murderers when disability is involved, because of ‘unusual circumstances.’ And people wonder why some people with disabilities are concerned about caregiver abuse. When abuse of people with disabilities is painted as something sad or hard for their families to deal with, instead of abuse of human beings, when caregivers are given lenient sentences because ‘the disability drove them to it,’ it normalises caregiver abuse.
It’s bad enough that the defense and, apparently, the court in this case thought that the husband was somehow justified in behaving abusively towards his wife because she was disabled. The prosecutor also had to join in:
That day when he told her off about the fire, she gave him cheek so he slapped her.
Where have I heard this before? Oh, only in every single reported case of domestic violence ever. Was it really necessary for the prosecutor to hop on the victim-blaming bandwagon too? When the media and defense attorneys constantly parrot lines like this, it reinforces the idea that some people just deserve domestic violence, and when the prosecution joins in, it, well, it makes me really angry.
Because, guess what? No one deserves domestic violence. No matter how much cheek or lip or sass or anything else is involved. No person deserves to be hit. No person deserves to be deprived of mobility. No person deserves to sit in court while the attorney supposedly acting in her interests suggests that, well, she kinda deserved it.
Oh, but this case gets worse.
The 68-year-old was ordered to pay £150 compensation to [her] but he told the court that, as they had a joint account, he would hand it over to her and she would simply put it back in the bank.
Economic abuse is extremely common in domestic violence situations, especially when they involve people with disabilities. The fact that this man openly admitted in court to the fact that he would do this shows me exactly how much contempt he had for the court, the law, and his own wife. And the fact that the court didn’t sit up and take notice is a sad but not surprising reminder of how often people turn their heads in the other direction in the face of domestic violence and abuse.
The victim has been relocated and, from what I understand from the article, is living independently with an aide. That’s the one bright spot here: Too often in cases like this, the victim is forced to return to the abuser.
- The news story names the individuals involved in this case, but I prefer not to. ↩