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Was Tiger a Victim?
Haraz N. Ghanbari / AP Photo
If the golf star is a victim of domestic abuse, then his wife should face jail time—as a man would.
Superstar golfer Tiger Woods tried to quell the speculation surrounding the lacerations to his face—car accident or enraged wife?—by issuing a statement on Sunday. In it, he said that he was imperfect (who knew?) and that it was all his fault. He also declared that Elin Nordegren had acted "courageously" and the matter was "private." The couple has repeatedly refused to speak to police, although an attorney provided authorities with identifying information related to the vehicle and insurance coverage.
If the rumors pan out that it was a case of domestic violence, and that Elin scratched Tiger's face and whacked his car, then it’s a quintessential "public" matter, no less so than violence in the middle of Main Street. And there's no exception for the pretty people.
If he refuses to cooperate, he could be subpoenaed to testify under oath—and he couldn’t assert his Fifth Amendment right to remain silent because it would be his wife, not he, who faces criminal charges.
Even if the couple wants it all to go away, the secrecy alone will keep the matter alive in the court of public opinion as we all speculate about whether a seemingly sweet mother of two babies beat up her mega-athlete husband.
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• Jacob Bernstein: The Mysterious Mrs. WoodsIt's an odd scenario, but not impossible to imagine. Jackie Fryar infamously stabbed her husband, New England Patriots football star Irving Fryar, during a domestic incident in the 1980s. And while famous male athletes are rarely in the news for being victims of abuse, research shows that at least 10 percent of domestic violence is perpetrated by women against men. One controversial study even purports to prove that women are just as violent as men are—though the study is widely criticized for failing to consider that men's violence is usually far more harmful.
That most victims of serious domestic abuse are women is no excuse to go easy on the crazy few who gouge their husbands with long fingernails—or, hypothetically, take a five-iron to their hubby's property. If the real headline winds up as "ELIN WAS TEE-D OFF"!, she has to face the music.
Any other response would indulge a double standard that's unfair to men.
Imagine reading a story about a man who found out that his wife was cheating on him, and he responded by hitting her in the face and tearing up her favorite dress. Would the police shrug it off as “private”? No, he’d be treated the way cops handled Jim Brown in 1999 when the NFL Hall-of-Famer was accused of smashing his wife’s car windows and threatening to kill her. Brown's wife called 911 to report the crimes, then recanted and begged prosecutors to drop the charges. Like Tiger Woods, Brown's wife claimed the allegations were false and that Brown had done nothing wrong.
Cops and prosecutors hear these excuses all the time from battered women, but they ignore them because victims often lie to protect their abusers—which is why, in Brown's case, authorities rightly refused to back down. A jury acquitted Brown on the threat charges, but found him guilty of destroying his wife's car. He was sentenced to jail for 180 days after refusing to participate in a batterers' counseling program.
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Paul Schrodt is a writer living in New York City. He has contributed to New York magazine, Radar, and Esquire.com.
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Wendy is a former child abuse and sex crimes prosecutor who teaches at New England Law/Boston. Wendy specializes in the representation of crime victims, women and children. She also writes and lectures widely on victims' rights and criminal justice policy. Her expose of the American legal system, And Justice For Some, came out in 2007. A former NFL cheerleader and visiting scholar at Harvard Law School, Wendy lives outside Boston with her husband and five children.
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Wendy is a former child abuse and sex crimes prosecutor who teaches at New England Law/Boston. Wendy specializes in the representation of crime victims, women and children. She also writes and lectures widely on victims' rights and criminal justice policy. Her expose of the American legal system, And Justice For Some, came out in 2007. A former NFL cheerleader and visiting scholar at Harvard Law School, Wendy lives outside Boston with her husband and five children.
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Wendy is a former child abuse and sex crimes prosecutor who teaches at New England Law/Boston. Wendy specializes in the representation of crime victims, women and children. She also writes and lectures widely on victims' rights and criminal justice policy. Her expose of the American legal system, And Justice For Some, came out in 2007. A former NFL cheerleader and visiting scholar at Harvard Law School, Wendy lives outside Boston with her husband and five children.
tamcho
"If the golf star is a victim of domestic abuse, then his wife should face jail time-as a man would."
Oh yeah? I certainly don't see Chris Brown in jail, do you?
RightofCenter
No, he's not "in jail", but he's certainly "facing jail time". The conditions of Brown's probation are severe. The judge has put him on a very tight leash, and if he violates the terms of his probation, he'll certainly see the inside of a jail cell - measured in months, not days.
Violence amongst spouses has a tendency to escalate when left unchecked, not deescalate. The injuries and property damage in Woods' case are not minimal. In fact, they're significant. The police are correct in their attempts to ascertain what happened, and to file any appropriate charges that are supported by the evidence that they develop. We can ask no less of our police and criminal justice system.
SensiStar
I don't see Rhiana in jail either. If you think she was completely innocent in this matter you don't know her history.
sillylemur
SensiStar, nothing could justify what Chris Brown did to Rhiana. That was not self-defense. What other reason could anyone have for hitting someone at all, much less as many times as he hit and bit her? "Her history" is not relevant to that.
sophia5
Sensistar -
Are you related to Chris Brown ?
WOW !
Apparently SensiStar has ' INSIDE " information ???
YEPISAIDIT
Oh yeah, but you would send Vic to prison over a dog. Hell yeah she needs to get treated just like the blacks do when they are in the legal system. you americans always want to send someone to jail, but on a more educated note jail is NOT always the answer, so be careful how you crucify the next person. you people have sent enough blacks to jail, leave chris alone!!!!!!!! because we don't see ALOT of white police in jail for beating black males, do you AMERICA?????
joycegoode
are you nuts. This guy has lost his mind. He must have talking to one of his girls when his wife figured this out. If you were married you would have done the same thing
crymeariver
So Daily Beast puts together one article applauding Mrs. Woods' possible use of a golf club to assault her husband and counters with one denouncing domestic violence as a way of covering your backside?
So next time there is a potential rape case are we going to have pro and con articles on that topic also?
tolatetocry
I love how ms murphy uses the Woods domestic problems to get her name in the paper. Nice. Kinda like the police that aren't passing stories to TMZ.
DakLak
It's simply unbelievable that the press is prattling on and on about a subject that both Tiger Woods and his wife are more than adequately equipped financially and otherwise to deal with this very private matter.
Murphy should keep her nose out of it until if, or when, evidence is available.
Who knows there were not activities by both parties that change the whole perspective?
sillylemur
So, if your neighbors had a fight that ended in one of them driving into a tree and a fire hydrant at 2 in the morning, while the other one brandished a golf club, you'd really be thinking, "There are two people who are more than adequately equipped to deal with their personal problems in private."?
Because if I'd seen my neighbors doing that, I'd be thinking they were losing it in a pretty public, uncontrolled fashion.
wbishop12
Well said.
tolatetocry
Well, if it was me the cops wouldn't be selling stories to TMZ!
SyncopatedAstrid
"... their lack of cooperation with police force us to play the hypothetical game"
Yes, journalists and gossips mongers everywhere are being FORCED to speculate about Tiger Woods! How frustrating for them. Were they also forced to hound Michael Jackson to death?
wbishop12
I'm not a fan of preening over the misfortune of celebrities.
If there were positives of this situation:
1. It shows that no matter how rich, talented, famous, attractive, connected, etc...... you are, life will throw challanges at you. This is God's/Nature's way of proving that indeed, we ARE all created equal.
2. It exposes the very real problems that we ALL have, and allows for serious and honest discussion to be brought to the forefront.
Unfortunately, the jack-offs on the Daily Beast comment board don't know how to have serious and honest discussions. They only know how to berate and spew.
First, I propose to the few who do leave great posts, let's just ignore these morons.
Second, I want to open a very real debate about 'crimes of passion.' Let's just suppose, for the sake of debate, that Tiger was found to be cheating on his wife. Shouldn't that relieve her of any assault charges? She may not be physically abusive, simply reacting to infidelity. One could even argue 'temporary insanity', the rage and pain of her world, her very family, falling apart drove her to criminal acts.
carouzer
wbishop12--"Let's just suppose, for the sake of debate, that Tiger was found to be cheating on his wife. Shouldn't that relieve her of any assault charges? She may not be physically abusive, simply reacting to infidelity."
If Tiger's wife whacked him with a golf club in reacting to his alleged infidelity, it is still physical abuse. To physically attack someone is, by definition, abuse. If the senario posited here is true, she was not defending herself, she was the attacker.
Physical response to emotional trauma happens, but it should not be condoned. If she felt her husband had cheated on her, she should have simply taken the children and left. She didn't, as alleged here and in other places, nailed him with a nine iron.
True, infidelity provokes feelings of rage and pain--intense feelings. But what allegedly separates us from our animal brethren is our ability to think and act rationally--even in the face of severe pain and emotion.
Until our "family values" based society comes to grips with the fact that physical abuse is an inappropriate response to marital strife, physical abuse, emotional scaring and sometimes death will continue to be the outcome of domestic disagreements--whether major or minor. Your argument, wbishop12, is specious.
wbishop12
I had to look up specious! Haha!!
Agreed. I have to say, I honestly did not think the right answers would post so quickly!
Don't misread me or think I condone such actions, I merely wished to open debate.
Unfortunately for me, my spouse chose infidelity over the family and children and me. Believe me, I wanted to peel the skin from their face. Maybe it was luck, maybe I was smart enough, more probably it was because I was surrounded by friends and family that kept me from doing something I would regret later. And today, I am raising my kids, I am happy, and I am even friends with my Ex.
I know it's hard, but to anyone out there that has to go through a Hell like this, I say, keep your focus. What is important? If you have kids, you know. If you don't, then it is yourself. Either way, compounding a bad situation with a criminal act will only hurt you, physically, emotionally, and spiritually.
The best thing for Tiger and his wife, right now, is privacy and counseling.
laDivaG
To answer your question for debate:
No. Cheating should not and does not excuse one spouse using violence on another. If a person's reaction to infidelity is violence, then that person is violent and bears a potential for violence in other situations as well. I don't necessarily think that such a person under those extenuating circumstances should go to jail, but the couple does need therapy.
splash
Agreeing with carouzer and laDivaG on this one. In fact my first response to hearing about a possible physical attack was - wow, no wonder he was cheating. (again, allegedly)
Something like this doesn't just pop up one day. Hasn't it been brewing in one way or another for quite some time?
Also agree with wBishop12 re "the very real problems that we ALL have" ~good point. But it's so much easier to see someone else's life... hmm.
YEPISAIDIT
AMEN sista!!! because after what I have been through I can truly understand why he or she is found cut up in pieces, one foot in the east and the other one in the west. I use to talk about other folks too but after going through life, I keep my mouth off of those domestic folks and thank GOD for delivering me because it could have been me with that golf club, knife, or gun. folks just pop off at the mouth because they can, but behind closed doors they have felt the wrath that's why they are so bitter and sit on sites like these posting thier frustrations out
YEPISAIDIT
the courts know they must be VERY careful with this white girl, after the way they have dealt with the blacks in domestic violence cases. it wouldn't be an educated thing to do if they allow her to walk away and get counseling, hell she's aready getting counseled along with popping pills too, but that's norm for a white girl....
georgelola
Tiger cannot be forced to testify against his wife. He enjoys a centuries-old "spousal privilege" that has nothing to do with the 5th amendment. The cops know this, as do Tiger's attorneys. The speculation, muck-raking and script-writing is nonetheless admirable -- I wish the media had been this inquisitive when Bush proposed his crusade in Iraq.
RightofCenter
Every state in the union, to include Florida, has stripped marital couples of the spousal privilege in cases involving domestic violence. Tiger can be called as a witness if his wife is charged. He will be compelled to testify, and refusal to testify will lead to a contempt charge. It happens everyday in America in courtrooms all across the country - usually to couples that are much less wealthy and well connected than the Woods.
ThinkAgain
An injury that's inconsistant with the car accident would be evidence that could be used without any testimony. The fact that they lied about the cause would make that fairly good circumstantial evidence.
This might be more about potential prescription drug abuse though.
kyatty
Well said. When Americans care more about celebrity gossip than national affairs we will be doomed to mediocrity in our elected officials.
Danbury
Spoken like a lawyer.
Hey, Wendy, if you want this treated equally as though it were a man, then women should be first given thousands of years to beat up and kill their spouses with impunity.
I'm not condoning ANY violence, domestic or otherwise, but get a grip here, will you? People lose it, sometimes and act in ways they normally would not. Women by and large are NOT physically equal to males (and usually not financially equal either, and both are true here).
One incident does not a violent criminal make.
Butt out, Wendy. This is a family perhaps in crisis. Your clinical, cold, technical analysis is really gross.
wbishop12
So, you feel that a crime of passion should be ignored by the law? That it is a family matter?
Danbury
I think some perspective is in order.
wbishop12
I totally agree.
For example, in this case, I think it's not the concern of the media or the public. That much I think is obvious.
But I think the problem in general is, whose perspective is it that will put judgment on an incident? The law? The family? Their church?
sillylemur
Just because a crime is committed between family members doesn't make it any less of a crime. Assault is assault, and the "passion" of the moment only means it wasn't premeditated. The crime itself is still assault.
Also, in FL, the spouse being assaulted doesn't have any right to protect the spouse assaulting, nor can they stop the police from arresting that spouse. This is exactly why they are both hiding. Once there is enough evidence, it's not their choice how it goes.
If he had gone after her with a golf club, no one would be pretending not to know all this, I would hope.
RJB-Boston
Wendy Murphy is a wing nut - anything to make commentary and get in the limelight. This is a private matter and leave it alone. And please Wendy stop showboating yourself as the poster person and authority for abuse situations - you are in your typical ambulance chasing mode and its pathetic.
tlfox2
It is pretty clear that this chick was a prosecutor. The reality is that TIger does not have to talk to anybody. The authorities cannot go on a fishing exhibition looking for a crime that they don't know was even committed. That is why the authorities are unable to get his medical records from that evening. There is no probable cause that a crime even occurred. Perhaps, just perhaps we could revisit the concept of mercy in this country. "Innocent until proven guilty might also be revisited. Some things, some incidents and some words need to be kept private so that the parties involved can seek to work it out between themselves. Surely, we don't need government oversight into our private lives to the extent that this former prosecutor designs. She has a very dangerous mentality.
sillylemur
This is simply not true. When there is probable cause, the police certainly can investigate If the evidence shows something other than the stories the people have given, the police can investigate. They obviously don't believe the version of the story the Woods gave, and from what I have read, with good reason.
tlfox2
Well, it simply is true. Having been a prosecutor and now a criminal defense attorney for 25 years, to put it bluntly, I kinda have an idea of what I speak. I just now learned that Tiger is going to be given a ticket for careless driving, so I guess that the authorities agree with me.
eurydice9276
This is a weird article. Police see evidence of domestic abuse all the time, but if there is no complaint all they can do is jot things down in a file and go away - they've got no problem accepting the "privacy card". You don't see them going all CSI to determine the time of injuries or if a golf club was swung in anger rather than a desire to help, you don't see them crawling all over medical records or visiting the hospital over and over to try to get a statement.
Wendy Murphy's "need to know" about Tiger Woods doesn't have anything to do with outrage over spousal abuse - she's just another person who's caught up in celebrity gossip. Otherwise, she'd be asking why all these resources are being spent on Tiger Woods and not on everyday victims of domesatic abuse.
RightofCenter
Not true in Florida, and in many other states. In Florida, there does not need to be a complaining witness for the police to arrest someone in cases involving domestic violence. In fact, so long as the police suspect that violence has occurred, they can and will arrest whomever they believe to be the aggressor, despite the protestations of the alleged victim. And, in some jurisdictions, the police are required to arrest whomever they believe to be the aggressor. They have no latitude. The process is codified in Florida statute 741.29.
eurydice9276
Thanks for the info. Around here it's pretty much up to the officer's discretion. I guess I'm used to seeing stories in which the police are called time and time again to scenes of domestic disturbance and nothing ever gets resolved. There's never enough manpower or investigative resources or the courts are too full. But I guess that wouldn't be the case for Tiger Woods - there'd always be enough time for him.
loloo33
He doesn't owe anybody explaination, so what if his wife hit him or not? Stop acting so prissy and the world is so perfect.
dooreen
If he wants to be left alone, I think they should leave him alone.
Some couples fight, probably shouldn't be fighting physically, but they seem to stick together, and the couples that don't fight, suddenly they break up.
Only people who really seem to benefit from not forgiving and making up, appears to be the lawyers.
sillylemur
When couples fight physically, that is an abusive relationship. It is extremely unhealthy, and their staying together does not make it any less so. Assault is still a crime, even if it is between spouses.
dooreen
In this case, he is getting a fine for reckless driving, and I guess that is what they all agreed to. Maybe soon she will have some new shoes, or car, or sound system or something. Who knows.
sillylemur
Also, doreen, abusers benefit a great deal from forced "forgiving and making up." Not all relationships can or should exist. Physical abuse is a pretty good sign that something is severely wrong. You can kiss and make up as many times as you want, but that kind of attack will never be ok, and a relationship in which that happens cannot be healthy.
disfasia
Great point!
disfasia
This is a an exploitative piece based on "what if". TDB, stop engaging this kind of journalism--it is trashy, patently fictitious and harmful.
There is currently a movement to make HIV drugs more inexpensive in Africa and other areas of world affected by poverty: the "patent pool" for HIV medicines. Write about this and stop wasting our good time with nonsense.
sillylemur
There's not doubt that HIV drugs are also an important issue. But I would suggest that it is helpful for journalists to report about suspected cases of domestic abuse, because it is a topic many don't seem to understand, from either a psychological or legal point-of-view. It is not a waste of time, so long as anyone is learning from this discussion. Domestic abuse is also much more common than HIV, and for anyone who knows about it, it is not nonsense.
RJB-Boston
a woman getting pissed off at hearing about a potential affair a husband may be having and flying into a bit of a rage does not constitute abuse in my books. This is a private matter and last I checked we live in America and we respect ours and others privacy. If the behavior persists I am sure it will be brought to the notice of concerned authorities. Why is everyone so concerned about other's lives when they probably have their own closets filled with all sorts of skeletons? Give it a rest and find something more worthwhile to do.
sillylemur
RJB-Boston - the definition of abuse is just wrong then, legally. Hearing about an affair or not is no defense for taking a golf club to someone's car or head. And once someone attacks another person, it is no longer a private matter, according to the laws of Florida.
Your belief that this behavior will be brought to authorities is charming, but sadly, not borne out by the facts.
vboone
So someone writes a whole article about an incident we know nothing about.
Thank you.
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