In agonizing, graphic detail, the Ray Rice domestic violence plays out before us, forcing us to stare down a reality some would rather deny.
We’ve known since February 2014 that he punched his then fiancé Janay Palmer in an Atlantic City casino. At that time the first video was released, of Ray dragging a fallen Janay from the elevator, exhibiting no surprise at what he’d done, no concern that she might be dead, not checking her pulse or breath as he pulled on her limp, lifeless body. We didn’t see what happened inside the elevator, but the clip was stomach-churning enough. Ray Rice admitted he had hit her and caused her injury.
‘Felony aggravated assault’ earns slap on the wrist
The only legal defense for slugging anyone to unconsciousness is self-defense. Given Ray’s stature as a strong professional football player, she would have had to come at him with a knife or gun for this behavior to be legally justified. He never claimed that. Hence, the violence was an assault.
But no “eye for an eye” sense of retributive or deterrent justice followed. He punched her out; in return, the authorities gave him a slap on the wrist. The NFL doled out a mild two game suspension, far less than players get for marijuana use. Local prosecutors, ignoring the dangerous level of violence involved, gave him a sweet deal of pre-trial diversion which includes counseling but no jail time. This after a grand jury indicted him for felony aggravated assault. If he successfully completes the program, and honestly, he’d be a fool not to, the charges will be dropped and his record expunged.
The video changes no facts
This week TMZ.com, the celebrity site that pays for stories and videos, obtained the security footage of what happened inside the elevator, which should have already been obvious. Very appropriate public outrage spurred the Baltimore Ravens to terminate Ray Rice the same day. Why did it take TMZ’s video post to do that?
My most re-tweeted post this week was:
Ray Rice case lesson: if you’re rich and you punch a woman unconscious, no big deal unless there’s a video.
The elevator video does not change any facts. He punched her to unconsciousness. That was known in February. What did change was the vivid representation of his swinging at her, hitting her squarely, her sudden drop, his then pulling her nonresponsive, frighteningly lifeless form into the casino.
An unknown woman in the casino, presumably a stranger to the couple, came to Janay’s aid. On the video at least, Ray never did.
What kind of fantasy world did police (who initially charged her as well as him, though she’d been knocked out and he was unscathed), prosecutors, and the NFL live in before this video? What kind of contorted thinking did they engage in? Is there some other scenario that integrates his admission to hitting her, her unconsciousness, his callous behavior toward her afterwards caught on camera and witnessed by passersby?
Why did the NFL need TMZ to do its investigation for it? It could not possibly have been unaware that casinos have cameras everywhere, especially in elevators. The hotel says the NFL never asked for the elevator video. The NFL says it requested all information from law enforcement, who never turned over the video.
Maybe. But why not go straight to the source when dealing with a matter this important? One probable answer is that the NFL did not really want to see what that video would have to depict, and certainly did not want it publicly released, a possibility that would be more likely the more people had access to it. The NFL wanted to go on with business as usual. It was more concerned with its own PR than a battered woman.
Compassion, not judgment for victims
It hurts to look at every aspect of this case: first and foremost, the awful violence of Ray’s punch to Janay, but also her decision to stand by him, to apologize herself at the press conference, her choice to marry him the day after the grand jury returned a felony assault indictment against him, and her statement this week blaming the media for her nightmare.
Surely as a culture we know enough about domestic violence victims to understand Battered Women’s Syndrome, and if you don’t, please check out the powerful voices of survivors tweeting at #WhyIStayed and #WhyILeft this week, such as:
My girls needed a father, #whyistayed. My girls needed a mother, #whyileft.
As she navigates through this painful time, Janay deserves only compassion, not judgment, from the rest of us. As they sort through difficult choices, domestic violence victims are so often hampered by the physical and mental health consequences of their abuse. She deserves ready, safe access to social services such as housing, legal support and counseling if and when she’s ready to access them for herself and their poignantly named daughter, Rayven.
Prosecutors, NFL must be held accountable
In the meantime, our attention should be on the public representatives who failed in this case. Prosecutors must be held accountable for their failure to throw the book at batterer Ray Rice.
Surely they had the video. If police did not get it, they are not worthy of being called investigators. If they did, then, worse: law enforcement closed their eyes to the horror of extreme violence against a woman given the celebrity status of the defendant and the non-celebrity status of the victim.
That Janay did not want to prosecute is aggravatingly common in domestic violence cases, so common that cops and lawyers are trained in how to deal with it, and policies and procedures are in place for that eventuality.
Where there is corroborative evidence beyond the victim’s testimony, for example, these cases can and do go forward. Why? Because an assault like this is a crime against The People, not just the victim. Her preference is taken into account but is not dispositive. And there is no stronger proof than a video like this one.
In addition, the testimony of the security guards and casino guests who saw Ray pull Janay out of the elevator and heard his statements would all be admissible. They had plenty of evidence to work with if they wanted to go forward. Instead, they punted.
Finally, the NFL must explain why it took a video and public shaming to wake them up to what they should have already known. A Penn State-style investigation — the scorching type that went down after the school’s high-level cover-up of child sexual abuse by Jerry Sandusky — should be done by a reputable, independent party, top to bottom, to find out what the NFL knew, when they knew it and how they so colossally blew this.
The views and opinions expressed here are those of the author and do not necessarily represent those of Avvo.
Photo: Shutterstock
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9 comments
NinaSky
If you've never been hit in the face with a tv set. Or been punched in the stomach while carrying a child. Or been stomped about the head and neck, raped, stabbed, thrown over board or beaten so severely you were dumped in a cornfield than you could never know what Domestic Abuse is about. Have someone stick a shotgun to your head and tell you he's going to kill you. Then talk about how poor little Ray Rice shouldn't have been sanctioned. I think he should have been stripped of everything and I'm glad he's not representing any team. His wife is just confused and in denial. Abused women (men-children) are always going to believe they should "protect" or "defend" their abusers. It's part of the shock and part of the conditioning they've received at the hands of the offender. I'm sick of people who have no clue about what it means to be psychologically and physically abused. They each go hand in hand and make no mistake, Rice did it before. The video I saw didn't show anyone spitting in anyone's face. What I saw was his taunting her before they ever set foot on the elevator. Although I was not there, I can imagine what he was saying to her. She either did or said something that made him THINK he had the right to correct her. He IMHO believes he owns her because he puts clothing on her back, buys her diamonds and puts her in a Jag. That doesn't give any man the right to possess any woman...especially with his fists. What I can't understand is the sect of society that thinks this is ok. They, to me, are just as sick as is he or any other man that would do that. How do I know so much about it? Remember that corn field I spoke about. I was the one lying in it because my x husband believed he had the right to hurt me. He didn't like my perfume. He said I was wearing it for someone else and punched me in the face. Then he took the bottle and poured it all over me before he threw it up against the wall. He did many hurtful things to me and I have to say I'm still dealing with the emotions and shame of it all. I'd never walk across a stage and claim he didn't do anything wrong. Or tell the world leave us alone. I'd never do that. My x has apologized for hurting me. But I don't forgive him. It was way back when I was 17. But it doesn't matter. It should have never happened at all. His father told him so keep a woman in line, you have to take a hand to her...what a jerk. A man who beats up on women won't dare challenge a man...I call that picking on someone your own size. They are cowards.
Mark
(cont. - stupid phone) The "double jeopardy" suspension from Goodell was against the collective bargaining agreement. He has lost endorsement deals from this. He will forever be condemned by some people. But this problem is bigger than one man. You villify him because he is rich and famous, but whatever happens to him will not change the culture that we are living in. It will only hurt one family. Let him serve his punishment and leave him alone.
Mark
(cont.) You make it sound like he has hit her before. She says no; there is no evidence of previous abuse. But she is paraded around as a battered woman covering for her abuser. I am in no way condoning what he did. I get angry sometimes, but I would NEVER hit my girlfriend. But one drunken mistake, however egregious, should not necessarily destroy a family for life. True, him being rich and famous helped his legal situation. But why is he not deserving of a second chance? Not now. He needs punishment for what he did, and should serve at least a half year suspension (although the double jeopardy
Mark
Admittedly, I have not seen the videos. I do not particularly see the need to. What Ray Rice did was wrong, period. But Lisa Bloom, you are sensationalizing everything to promote your own agenda; you are as bad as a politician. Not surprising: after all, you are a lawyer. You make it sound like Rice's punch was what knocked her out, and from all accounts I've read, it was her hitting her head on a railing (yes, his hit propelled her into the rail). You are questioning why she was arrested, when from what I've heard, she slapped him multiple times on camera. Just because he's bigger, and he hit her back, doesn't make her less guilty of assault. As a lawyer, I would think you would know that. Also, you automatically assume (and you know what they say about that) that she is a battered woman and he has hit her before.
Madeleine Mariani
Domestic violence is NOT funny whether it is verbal or physical.
THE CLASSIC ABUSER - copyright lyrics by Madeleine Mariani
This pain in my head is from a concussion
It didn't come from any discussion
My loving husband hit me square in my head
He was trying to kill me as I slept and hoped I'd be dead
It has been several hours now and I still feel the pain
And tears still flow down my face like an afternoon rain
There are laws in place that are supposed to protect me
I tried to remember that as I laid on the floor
Beat up and bleeding and filled with such gloom
As my children were screaming from their own bedroom
Daddy, please don't hurt mommy,
Not anymore
As the rage and beating continued as I laid on the floor
The police did arrive and did take him away
And I now have time to heal for just barely a day
The police observed I could barely get up
Yet they called me three times to ask if I really wanted him locked up
So more afraid not to help him
I put on my dark glasses and dressed to go out
The barely a day I thought I had time to heal
Is now long forgotten....... as I must now bail him out
I must smile for the children
And try to be strong
As my heart breaks and my spirit now broken
I realize that law is just a worthless small token
I received the most beautiful flowers late today
Exactly a dozen red roses
One for each brand new day
My eyes barely open
My face black and blue
The note with each red rose
reads, I am so very sorry
I really do love you
THE CHORUS WILL BE for this country or rap song when I find a musician to put music to it will be............................. I love you, I love you, I love you I do, I would never ever hurt you.
Of course a portion of the profits to be negotiated will go to victims of domestic violence.
John
First off doug what ray rice did was appauling. Second of all you actually condone what he did which is appauling. We as men are taught not to put are hands on woman no matter what. Have you ever been slapped by a woman. Did it hurt so bad you had to knock her out. She weighs 130 pounds soaking wet. He should not be allowed to play football. His career should be over. He has no business on a football feild. The only reason he got a slap on the wrist is because he has money. In massachussetts my ex wife called the police and said i hit her. Which i didnt sh wanted me out of the house. She lied to them but in mass what she says to the police is her testimony she can not retract it. I did 6 months in jail and had 3 yrs probation and now am i convicted of a felony on a lie. This dude lays his girl out and will walk scott free. For the violence he showed he deserves jail time. To be honest i hope he gets kicked out of the program and gets jail time. He is a scumbag.
jodi
I am a woman who don't agree with what ray done.but we as women wanted our rights. So we should have all the rights not just certain ones
Donald Hammers
I, too, saw the video, the pre-elevator entry slap by the woman, the entry into the elevator, the slap by the woman again, Ray Rice backing away, the woman attempting to slap Rice again, and the final punch by Rice that decked this aggressive woman. Rice should have never gotten into the enclosed space of an elevator with this woman.
This was domestic violence alright, instigated by the woman!
Under the law, BOTH parties are at fault! Just because Rice KOed the woman does not let her off with a nod and a smile.
doug
Are you a lawyer or an activist? Or a Self-Promoter?
Is Domestic Violence any worse than "Regular Violence"?
We are a nation of Laws. Ray Rice went through the legal system and took part in a diversion program. This is no different than 1000's of others who have gone through the same types of programs. Only difference he is a pro football player and his punch was caught on video.
Let's make the simple analogy between police officers and football players. If Police Officers can go back to work after DUI's, Assaults and various other activities so can football players.
In most cases violence is never the answer. It's always best to walk away if you can. However sometimes crap happens.....
Add Alcohol add an aggressive women spitting in your face a mistake is going to happen. Is it right. No. He should have walked away. However I would not put it passed the girl that she did not plan this event.
The NFL holds classes on how Girls can trap them and expose them.
Regarding Domestic Violence compared to Regular Violence. If I am at a bar and I am in someone's face, yelling and spitting at their face, there is a reasonable expectation that I am going to get punched. Why is this same standard not applied to everyone equally?
But I guess in this case it was....she was arrested to. So I guess there is still hope in the legal system.