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How Some States Treat Battered Victims As Criminals

How Some States Treat Battered Victims As Criminals
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In several states, battered mothers can face up to life in prison if they "fail to protect" their children from harm at the hands of their abusive spouses, even if they themselves have never inflicted harm.

A recent Buzzfeed News investigation explores the cases of 28 mothers in 11 states, all sentenced to over 10 years of prison for failing to stop crimes committed by their abusive spouses.

Shortly after bringing her 20-month-old son to the hospital after noticing his leg was swollen, Tondalo Hall was arrested. She is now serving a 30-year sentence in Oklahoma, for allegedly "enabling" the abuse of her son and 3-month-old daughter at the hands of then-boyfriend, Robert Braxton Jr.

Alex Campbell, an investigative reporter at BuzzFeed News who authored the shocking series, joined HuffPost Live on Nov. 17 to discuss how and why states have handed out harsher sentences for battered women than the men who beat them, citing Hall's case in particular.

"Eventually detectives concluded that Braxton had caused the injuries and that Hall had allowed the abuse to happen, and had failed to protect the children from Braxton," Campbell told host Alyona Minkovski. Hall pled guilty, but then-boyfriend Braxton moved forward with a trial.

"The case fell apart though, the prosecutors seemed very frustrated with Hall's testimony, saying that she was minimizing what had actually gone on in the home," Campbell said. "[Braxton] pled guilty to injuring just one child, and he took a deal with prosecutors where he would get two years in prison. Hall had pled guilty for allowing abuse to happen. The sentencing for allowing abuse to happen is the same as actually committing it. You can get up to life in prison."

Braxton served just two years in for breaking the child's ribs and femur. Hall still has 20 years to serve, but she is currently seeking clemency and women's rights group UltraViolet has started an online petition urging the Oklahoma Pardon and Parole board to commute her sentence.

Watch the rest of the clip above, and catch the full HuffPost Live conversation here.

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Before You Go

How To Help A Victim Of Domestic Abuse
Let Her Know You Care(01 of11)
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NIA suggests: "She needs to know that you’re there for her, that you will support her. Don’t criticise the decisions that she’s made. Remind her that she’s not alone, domestic violence affects one in four women in their lives. "Remind her that it’s not her fault, that she isn’t responsible. Also it isn’t her responsibility to make him change or make him stop."Rise adds: "Believe the person, don't say 'Really? They seem so nice.' Say things like 'I believe you' 'this isn't your fault.'Don't say 'why didn't you say something sooner' as that is blaming a 'victim.' It doesn't matter when they tell, just that they do. Say things like 'I am pleased you've told me.'" (credit:Alamy)
Let Her Know You're Concerned(02 of11)
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NIA says: "it can be really difficult to see that you’re in an abusive relationship, as women often minimise or excuse what is happening to them or find ways to think it’s their fault. It’s also hard to tell someone else, so don’t wait for your friend to ask you for help. Ask her, let her know that you’re concerned, that you know something is wrong."Rise UK add: "Being direct can help as it takes the responsibility away from the survivor, they will know what you are asking, rather than trying to guess form an ambigious question. 'Are you experiencing abuse?' might also help a survivor feel safe that they can disclose to you; you aren't afraid of what might come out." (credit:Alamy)
Support Her(03 of11)
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Women's Aid says: "Tell her that no one deserves to be threatened or beaten, despite what her abuser has told her. Nothing she does or says justifies the abuser's behaviour." (credit:Alamy)
Acknowledge Her Situation(04 of11)
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Women's Aid says: "Acknowledge that it takes strength to talk to someone about experiencing abuse. Give her time to talk, but don't push her to talk if she doesn't want to."Acknowledge that she is in a frightening and difficult situation." (credit:Alamy)
Have Courage(05 of11)
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Don’t be afraid to broach difficult questions. Is she safe? Is she afraid? Two women a week are killed in the UK. Domestic violence is serious. (credit:Alamy)
Don't Make Things Worse(06 of11)
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If you know her partner, don’t collude.Don’t make excuses for him, don’t agree with his excuses. Tell him that he, not she is responsible for his actins. If he genuinely wants to change, help is available, advise him to look up an organisation called 'Respect'. (credit:Alamy)
Call The Police(07 of11)
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"If you witness a violent incident, call the police," say NIA.Rise adds: "Be aware that doing things; preparing to leave or reporting to the police (etc) can increase risk to survivor and consider how that can be managed; make plans together, have a code word, inform the police, and contact local specialist services." (credit:Alamy)
Find Out What She Wants(08 of11)
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Rise says: "Ask the survivor what they want to happen or do about the situation, putting them in control. A friend or relative may want to jump in and 'fix' things, which is disempowering. Be aware that the situation probably cannot be resolved quickly, but support is available whilst decisions are made."NIA adds: "Check that she knows where she can get help.Give her the National Domestic Violence Helpline number (0808 2000 247). Also, Women’s Aid have an excellent confidential survivors forum, sharing what is happening with other women in abusive relationships can make a huge difference. You can find out where help is available locally from Women’s Aid and Rape Crisis’s websites." (credit:Alamy)
Don't Give Up(09 of11)
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Finally, don’t give up on her if she doesn’t tell you the first time you ask, or if she doesn’t leave or returns to a violence relationship. Abusers break down our self-confidence.Women often make several attempt to leave a violent and abusive relationship before they make the final break. She isn’t being weak, she being strong and brave and trying to escape. You might be her lifeline. (credit:Alamy)
Don't Lecture Her(10 of11)
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"Don't tell her to leave the relationship if she isn’t ready. That's her decision," say Women's Aid. (credit:Alamy)
Medical Support(11 of11)
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Ask if she has suffered physical harm. If so, offer to go with her to a hospital or GP. (credit:Alamy)
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