Académique Documents
Professionnel Documents
Culture Documents
Jessica Bargar
Edna Ballington’s desire to protect her only child from the man who had abused
her throughout their marriage resulted in her strangulation death. A beating from a
candidate for the U.S. House of Representatives sent his wife to the Emergency Room.
Janet Taylor was asphyxiated with a t-shirt after failing to heed her ex-husband’s
warnings that he would “kill [her] if [she] didn’t come home.” These cases are far from
being isolated. Estimates from the American Medical Association (AMA) state that
“nearly one quarter of women in the United States – more than 12 million – will be
abused by a current or former partner some time during their lives” (Flitcraft et al 6).
Furthermore, the AMA estimates that “52% of female murder victims were killed by a
current or former partner” (Flitcraft et al 6) and that between 22% and 35% of women
who come to emergency rooms each year are there because of incidents of domestic
violence. Forty percent of women who are physically abused by their partners are first
battered when they are pregnant, and their children are sometimes born with broken
documented in news reports and addressed on a yearly basis in the legislature of South
Carolina (and other states with poor records), shows few signs of lessening. For domestic
perpetrated last year, and 40 had female victims (Blakeney 2008). South Carolina has
been chosen as the state whose laws and media will be examined in this paper because it
consistently has one of the highest rankings for domestic violence as well as one of the
highest rankings for the number of women killed by men each year.
3
pressures that battered women face in the media and the legal system. The ownership and
control of battered women’s bodies is reinforced in 3 areas: by the batterer, by the media,
and by the legal system. News coverage of domestic violence suggests normative
solutions to battering. One of these ‘solutions,’ the legal system, serves as a reflection of
the dominant attitudes and concerns among lawmakers, which are inadequate.
Relationships between the batterers, the media, and the legal system reinforce key
messages about the victim’s role in the battering and re-victimize them. By framing the
rhetorical undercurrents of biopower in the media and the legal system excuse the
Biopower
Foucault gave the name of “biopower” to the methods by which governments can
exert social control over their subjects (1975). “Biopower is not… the subjugation of a
docile population, but consists instead in the subtle, ubiquitous and continuous promotion
of self-discipline,” according to Lee and Jackson’s analysis (2002, 117). The societal
employment of the forces of biopower inherently relies upon the willingness of the
individual to self-regulate. The development of the sciences during the 19th century,
1984, 266). These fields provide “experts” that are able to affect how individuals
perceive themselves, thereby exerting power over others’ bodies (Lee and Jackson,
2002).
becomes taboo and then is reintroduced to society. In this process, greater society attains
the power the individual had in performing the newly taboo practice and constrains it in a
normative way that can be profited from, either economically or politically (Foucault,
seemingly legitimate and non-coercive way. An example of this, cited by Foucault, is the
power over life and death. This power was held by the head of the family and known as
patria potestas in ancient times. As government developed and man left the warlike state
of nature that Hobbes describes, the power of death became the power of the sovereign
ruler. This power became further regulated, requiring justification by the sovereign in
order to kill subjects. This process of adapting the power over life and death changed
from personal initiative to being controlled by the government, to being regulated even
It is from this process that biopower emerged; “this death that was based on the
right of the sovereign is now manifested as simply the reverse of the right of the social
body to ensure, maintain, or develop its life” (Foucault 1984, 259). As the focus of power
shifted from death to life, new mechanisms of control were necessary to ensure the
prolonging of the state’s control over its people. This shift from power over death was
pragmatic; “death is power’s limit, the moment that escapes it” (Foucault 1984, 261).
Biopower, rather than threatening an end to life, seeks to regulate life and use
5
population control. These two goals of biopower mean that sex is the most important life
function from a power standpoint, and that law becomes regulative, rather than punitive,
in order to extend its power (Foucault 1984). Women are particularly affected by this;
and their sex, was carried out in the name of the responsibility they owed to the health of
their children, the solidity of the family institution, and the safe-guarding of
society” (Foucault 1984, 268). The importance of sex to a woman’s childbearing role
makes women more susceptible to the effects of biopower, which is seen in the obsessive
the mother role to the regulatory effects of biopower is that when women are battered,
they are not only victims of violence, but also irresponsible women. This is because the
mother role positions them both as the smallest unit of population control and as a means
battered woman’s body. In cases of domestic violence, the batterer exercises power over
the body of the victim in a way that is taboo to greater society. However, the body is not
meant to be the victim’s, either. It is the individual’s choice to remain under the influence
of a batterer that is demonized, and the normative response that is presented to victims is
to rely on the court system to provide relief. The battered individual must present herself
to the court and submit to the ruling of a judge in order to demonstrate an acceptable
form of self-regulation. For victims, this may be unthinkable, and most drop the charges
they file against their abuser. For the 36,000 domestic violence victims in South Carolina
6
who reported instances of abuse in 2005, only 1,900 cases were brought to court, and
The batterer is physically a legitimate actor in this scenario, but is ignored in the
process of normalizing the behavior of the “sick” victim. It is the responsibility of the
victim to act on her own behalf; the government will meet the victim to “cure” the social
ill only after the victim has overcome the obstacle of escaping immediate danger.
Many victims of domestic violence are all too aware of the folly of relying on a
judge to protect them. According to the AMA (2000) 22% of women murdered in 1990
were killed by ex-boyfriends or ex-husbands, and between 40% and 63% of homeless
women in New York were fleeing spousal abuse (Fine and Weis, 2000). Foucault states
that it is the individual, encouraged by society, who invests in his or her own body to
make it powerful, but that once that power is accumulated, regulations are leveled against
it (1975). In the case of battered women, it may be more accurate to clarify that point by
stating that it is the power they are perceived to have that is attempted to be influenced by
Biopower is generally invested in the hands of the family doctor in the case of
on proper protocol and to suggest questions to ask when dealing with potential victims.
domestic violence, since they are a primary point of contact with victims of domestic
violence. It is important to stress that Foucault does not conceive of biopower as being a
biopower does mean that the body is not considered completely sovereign to the
individual. Biopower emphasizes the regulation of the body and the protection of life, as
instructed by outside influences (Foucault 1975). Physicians play a positive role in a form
of regulation that is necessary. Unfortunately, physicians are not the voices that are most
well represented when cases of domestic violence are made public. Patriarchal voices
compete with the messages of health professionals in the popular media. In this way, the
bodies of battered women become a physical and metaphorical battleground over which
critique the news coverage of a domestic violence homicide case in South Carolina. The
case chosen is relevant for its timeliness and the unusual amount of media coverage that
it go. Through close-textual analysis of the media coverage, parallels will be drawn to
legal issues and batterer justifications for violence, ultimately showing the underlying
attitudes that influence the public perception of domestic violence and its causes.
another interested party: the batterers. Often, victims of domestic violence do not feel
safe speaking to others about their experiences (AMA 2000), which allows others to
speak of victims’ experiences in their own terms. Anderson and Umberson (2001)
conducted a study throughout 1995 and 1996 in which they interviewed 33 men who had
been convicted on domestic violence charges. The men were participating in a program to
rehabilitate batterers, and were recruited for the study during orientation meetings, in
8
order to reduce the amount of influence that the counseling sessions would have on their
responses to questions about past acts of domestic violence (Anderson and Umberson
2001).
rational response to extreme provocation, a loss of control, or a minor incident that was
blown out of proportion” (362). Several gendered aspects were found in the
rationalizations provided by the men. “They [the men] depicted their violence as rational,
effective, and explosive, whereas women’s violence was represented as hysterical, trivial,
or ineffectual,” (Anderson and Umberson 363). One interviewee from their study
describes reciprocal violence from his partner this way: “She has got no control. She sees
something and she don’t like it, she’ll go and pull my hair, scratch me, and [act] paranoid,
crazy, screaming loud, make everybody look at her, and call the police, you know. Just
nuts” (365). Batterers used this framing of events to establish their lack of control over
Furthermore, the men claimed that the women were responsible for the violence
inflicted upon them, citing past relationships that were not classified by battering, as well
Umberson 2001). Several of the men even stated that they had convinced their partners
that the battering was their own fault; as one said, “I got her to accept 50/50 blame for the
reason why she actually got hit” (Anderson and Umberson 368). Although the men were
questioned in detail about the “controlling” actions that their partners displayed, none
were able to cite specific behaviors that they considered “controlling” (368).
9
Despite the fact that the study participants overwhelmingly shifted the blame for
their actions by implicating their partners of provoking the violence, the four men in the
study who suffered reciprocal violence from their partners prevented the women from
being arrested with them (Anderson and Umberson 2001). Anderson and Umberson
concluded from this that “when batterers ‘protect’ their partners from arrest, their
oppressor becomes a powerful criminal justice system rather than a woman” (370).
Ironically, the men blamed their own arrest upon gender bias in the criminal justice
system, stating that the word of women was more powerful than their own testimony
because of the way in which the laws were written (Anderson and Umberson 2001).
These contradicting messages from the men served two purposes: to establish the power
of their masculinity, despite reciprocal violence from women, and to portray themselves
as victims of the masculinized criminal justice system (Anderson and Umberson 2001).
Berns (2001) writes of this same phenomenon in the American media, calling it
“patriarchal resistance.”
victimization by the criminal justice system, found throughout the interviews with the
batterers, and Anderson and Umberson also found that the participants in the study
was effective, particularly since the men were able to convince their battered partners that
they (the women) were to blame. Although the blame assignment had a notably
10
excusing the “rational” actions of the batterers (Anderson and Umberson 2001).
These claims reflect the modes of ritualistic scapegoating. Burke (1989) describes
several ways in which a ritualistic scapegoat may be framed as worthy of “sacrifice.” One
is that the scapegoat may be labeled an “offender against legal or moral justice, so that he
“deserves” what he gets” (294), and another is that the scapegoat may be prepared by a
fatalistic approach to his or her fate. The batterer who forced his wife to accept blame for
her abuse falls into the first category, while the second mechanism of ritual scapegoating
homicides. Berns’ findings in the media reflected many of the same attitudes about
domestic violence as those expressed by batterers, although they were framed slightly
differently. In a study which included articles found in men’s and political magazines
between 1970 and 1999; she found that 81% of those surveyed included the patriarchal-
resistance perspective.
The Media
property as being “the usual strategic development of a struggle” (56). The consistency of
the patterns of rationale for domestic violence between individual batterers and the media
show the nature of the struggle that is being developed. The power of the male batterer
over his victim is being challenged, and the media is one of the forums in which
via the introduction of normalization. Berns argues that there is a two step process used
11
by the media to mitigate the actions of abusers: the first, which she named “degendering
the violence,” was to reframe the issue as being unrelated to gender, and as an issue of
“human violence” instead; the second, “gendering the blame,” was to employ victim
blaming and cite the physical and emotional ‘weakness’ of women as the cause for their
abuse (Berns 2001). “Gendering the blame” is very similar to the fatalistic approach of
The power of the public over the body of the abused can be seen in the questions
that many journalists have asked. Repeatedly, they question why she stays and why she
allows this to happen to her. The victim carries the responsibility for her abuser’s actions,
and there is the implicit suggestion that she belongs to society and that she is failing it by
staying with her abuser. The battered woman is failing to self-regulate, and therefore, not
with the woman because society distinguishes women from men for their childbearing
qualities (Schneider 2000). The significance of this distinction is due to the central role
that women have to the two modes of biopower: population control and teaching their
of society if she gives birth to a child with ruptured organs or teaches by example that
relationship, she faces condemnation for her ‘choice’ of romantic love over her duty to
her children, which is framed as selfish. Since the onset of pregnancy frequently
coincides with the beginnings of abuse in a relationship, the censure of battered mothers
Erica Olson is an example of a South Carolina woman caught in this struggle. The
last memory that Olson’s 6-year-old daughter has of her mother is witnessing the 25-
year-old being murdered by her boyfriend, Christopher Ellis. A mother of two, Olson was
also found to be pregnant at the time of her death. In the months prior to the attack, Olson
worked at National Health Care, and was saving portions of each paycheck in order to
return with her children to the West Coast, where her mother lives. In the short two years
that Olson lived in South Carolina, she had been pushed down the stairs, had her car
windows smashed, been hospitalized repeatedly for injuries inflicted by Ellis, and fled to
a women’s shelter. Other times, she had kicked him out of the apartment, only for him to
break in. In their final altercation, Ellis stabbed Olson 25 times in the chest.
The case of Erica Olson seems as if it should be framed differently than the
general media coverage; after all, she had taken action to escape her boyfriend’s abuse.
However, the articles written in the aftermath of her murder did not sway from the
attitudes that Berns observed in her study or from Burke’s notion of the ritualistic
scapegoat. Initial reports of the slaying implied that Olson had reciprocated the violence,
and that it was the result of a “dispute that turned violent” (Smith 2006), implying that
she was at fault for her own death - the first means of ritualistic scapegoating. A popular
study, which states that men and women commit acts of violence against each other at
equal rates, is recognized to have made a serious flaw: in it, there is no distinction
Also, the statistics quoted in each article relating to the Olson case were gender
“Degendering the problem,” as Berns terms this, is done in several ways by the news
13
media. Like the male batterers interviewed by Anderson and Umbertson, many of the
articles Berns studied claim that the emphasis on men as abusers is due to bias in the
criminal justice system, and the magazines frequently reference studies that discuss
reciprocal violence. The “degendering of violence” in the Olson case was partially
corrected when her 6-year-old daughter told police that Ellis, the boyfriend, had inflicted
his own wounds and it was discovered that only one weapon had been involved. This was
granted additional validity by the media when it was found that Ellis had previously spent
time in jail after stabbing another man in the back after the end of a verbal altercation
(Smith 2006).
frequently assigned to female reporters (Berns, 2001). All 6 articles covering the Olson
case were written by female staff members of the Anderson Independent-Mail. The
female complicity to the attitudes being conveyed in the news coverage. If a man were to
condemn or criticize the actions of a battered woman, he would be under more scrutiny
than another woman would be. It is implied that women inherently know and understand
the struggles that other women undergo and that their interpretation of these struggles
relates it to the foreshadowing of fate that makes up the second means of providing a
ritualistic scapegoat. Articles, even those in women’s magazines, minimize the liability of
the batterer, instead emphasizing the responsibility of the woman to escape or cope with
the abuse (Berns 2001). The process of “gendering the blame” was also apparent in the
14
media coverage of Erica Olson’s death. The opening line of one particularly fatalistic
article reads, “Erica Olson had a gift for helping others, but she fell short of being able to
help herself” (Smith 2006). Later in the same article, the journalist questions why Olson
did not leave her abuser. In this question lies the implication for another: “why did she
fail.” One article comments, “the attempts she made at being her own savior came too
late” (Smith 2006), implying that a perceived hesitation by Olson is to blame. There is
the inference that Olson should have known better and that she should have been able to
seek aid from friends at the end of some of the articles. While fatalistically pointing out
the vulnerability of abused women to their fates, the news media also implies that they
are responsible for them. Interestingly, the fact that Olson had sought shelter in a
voice in the media coverage of the murder emphasizes the need for battered women to
save themselves, despite the difficulty Olson found in achieving just that.
This is biopower rhetoric in practice; battered women are framed as the sole
determiners of their own fates in relationship and the physical and emotional power of the
other actor in the relationship is ignored. Cases of women who are abusers are
emphasized, while female victims are held responsible for their own injuries and deaths.
Berns cites one particularly atrocious quote on victims of domestic violence: “if women
are not expected to think and act for themselves, if their self-esteem is in shambles and
their dependency is characterized as feminine, the fault cannot be laid at the feet of men’”
(Sherven and Sniechowski, qtd. in Berns 2001, 271). As evidenced in Berns’ findings, the
media hold women responsible for the violent acts of others against them.
15
Another theme found throughout the media coverage of the Olson case is her
allegedly positive attitude in the face of severe physical abuse prior to her death. One
article states that, “she just made the best of a bad situation” (Smith 2006). A friend is
quoted as saying that “you would never know that anything was going on” (Smith 2006).
This is surprising, considering that Olson had charged Ellis with criminal domestic
violence two months prior to her death, that a coworker was familiar with Olson’s plan to
save money to move back to be with her mother, and that other coworkers had urged
Olson to leave.
The media coverage of the Olson case is atypical only in the sense that the case is
covered at all; few domestic homicides are considered newsworthy enough to escape
confinement to the obituary pages. It is the brutality of the Olson case, which the coroner
called “one of the most violent deaths I have seen in recent years” (Smith 2006), which
The uniformity of the rationale for domestic violence between individual batterers
and the media show the nature of the struggle that Foucault depicts via biopower. The
power of the male batterer over his victim is being challenged by victim’s rights
advocates, and the media is a means of providing “surveillance and control” of the public
perception. The media shifts responsibility for the actions of the batterer to the victim by
implying that the victim is “sick” and has actively chosen their fate. This message is
being used to establish normative behaviors (i.e. seeking aid from the courts or ‘just
generations. This explains the emphasis on the urgency of seeking women’s shelters in
16
the media coverage of the Olson case, as well as the narrative of saving oneself (which is
providing women’s shelters only goes so far; effective state laws are crucial to helping a
victim after disclosure. Olson is noted to have spoken about Ellis’ abuse to the staff at the
pregnancy center she regularly went to during her most recent pregnancy. However,
South Carolina law has been slow to react to the pervasiveness of domestic violence
within its borders. Domestic violence did not become a felony until 2003, and then only
the third offense was considered felonious; it is still not classified as a violent crime
(LeBlanc 2002). The fines leveled against first-time offenders may be suspended if the
distinction as a violent crime holds serious consequences: the charge may be removed
from police records because batterers can choose to go into trial diversion programs
(LeBlanc 2002). Furthermore, prior to 2002, victims of domestic violence were only able
to request a restraining order in the county in which the abuse had taken place (LeBlanc
2002).
However, it is not only laws such as these that serve to endanger battered women;
battered mothers face scrutiny in the courts that frequently condemns them for the acts of
their partners. Hedda Nussbaum, made famous by the death of a child at the hands of her
abusive husband, was roundly criticized for her failure as a mother to protect her
daughter from the man that she could not even protect herself from. Unfortunately, in
17
some states, women who do not interfere when their children are also battered end up
with jail terms. Their ‘complicity’ in the crime that their partners commit, which is
expressed by their emotional and sometimes physical inability to confront the common
attacker, condemns them. Says Schneider (2000), “the mother, not the father who
commits the violence, is likely to be held responsible for child abuse or neglect either
because of her presumed failure to protect her child or because of her silence” (153).
The Dilemma
What, then, must the woman truly consider when she decides whether to stay or
leave an abusive relationship? In South Carolina, if she presses charges, the abuser may
face no jail time; there is no mandatory retention time, and many batterers are released
immediately after booking. Furthermore, although second and third offenses may require
jail time, officers rarely have the means to verify whether the batterer is a repeat offender.
There is also the concept of the unknown. Leaving a batterer is not a guarantee of
safety; women are frequently killed by ex-boyfriends and ex-husbands after leaving an
dependent upon their partners, and find themselves homeless and jobless when they leave
an abusive relationship. Part of the nature of abuse is the isolation that many victims face;
the severity of this can range from literally being held in captivity to reduced contact with
isolation may mean that the abuser is the only close human contact that the victim has.
18
Leaving an abusive situation is daunting for many women because they are unconvinced
that doing so will improve their state of living, and they are right to be skeptical.
over the population through a seemingly legitimate means of regularization – the medical
norms. However, the loss of power over their own bodies denies battered women this
ability.
When the forces of biopower seek to heal the battered “sick,” they fail to attend to
the true sickness that is perpetuated through them; the media, the medical profession, and
the legal system confuse which party is truly sick and aid the oppressor. A woman may
be freed from an abusive relationship due to the interference of her doctor, but the abuser
can, and often does, go on to abuse others. A fine or 30 days in jail will not change the
psychology of a batterer, and the few programs that treat batterers rarely remove the men
from the relationships in which they are abusive. Furthermore, batterer treatment
programs are not compulsory; they are an option that may or may not be presented as an
The fight over battered women’s bodies takes place between the parties of the
batterer, the government, the media, and the medical field. On one hand, the woman is
urged to take action; on the other, she is told that she is helpless. Battered women are
caught between two forces; those of biopower (expressed by the government and the
medical field) and those of patriarchy (the batterer and the media). Battering is a cross-
19
section of these forces, and the result is that both place more responsibility upon the
victim for the batterer’s actions. In perpetuating the stigma of the “sick” victim and
reiterating the mindset of the batterer, the media and the legal system create further
obstacles to the normalization and self-regulation that they condemn battered women for
failing to achieve. For this, the ritualized scapegoat of Burke’s metaphor fulfills its
Works Cited:
Anderson, K.L. & Umberson, D. (2001). Gendering Violence: Masculinity and Power in
Men’s Accounts of Domestic Violence. Gender and Society, 15:3, 358-380.
Berns, N. (2001). Degendering the Problem and Gendering the Blame: Political
Discourse on Women and Violence. Gender and Society, 15:2, 262-281.
Blakeney, B. (2008, January 9). Domestic Violence in South Carolina. Charleston City
Paper.
Burke, K. (1989). On Symbols and Society. Chicago, IL: University of Chicago Press
Dilman, M. (2006, October 25). Memorial Service Scheduled for Slain Mother. Anderson
Independent- Mail.
Dilman, M. (2006, November 30). Custody Battle Continues for Slain Woman’s
Children. Anderson Independent-Mail.
Dykes, D. (2006, December 5). McMaster Calls for Joint Effort in Fight Against Partner
Abuse. The Greenville News.
Foucault, M. (1984). Right of Death and Power over Life. In Rabinow (Ed.) The
Foucault Reader. New York: Pantheon Books.
20
Ku, A. S. (1998). Boundary Politics in the Public Sphere: Openness, Secrecy, and Leak.
Sociological Theory, 16:2, 172-192.
Leblanc, C & Hines, L (2002, October 3). South Carolina Ranks No. 3 in Rate of Women
Killed by Men. The State.
Lee, E. & Jackson, E. (2002). The Pregnant Body. In Evans & Lee (Eds.). Real Bodies: A
Sociological Introduction. Melbourne: Palgrave-MacMillan
Schneider, E. (2000). Battered Women & Feminist Lawmaking. Harrisonburg, VA: Yale
University Press
Smith, C. (2006, October 25). Children Brought Her Happiness. Anderson Independent-
Mail.
Smith, C. (2006, October 29). Domestic Violence Still Hits Hard: SC Women 6th in
Women Killed by Partners. Anderson Independent-Mail.
(2003, September 29). Attacking Domestic Violence. The Post and Courier.
(2008). Criminal Domestic Violence. Retrieved January 15, 2008, from South Carolina
Bench Book for Summary Court Judges Web Site: http:// www.
sccourts.org/summaryCourtBenchBook/HTML /OffensesE.htm