Reeva Steenkamp, Domestic Violence and Injustice

[CKDexterHaven]

Between the internet and television I have been able to watch every second of this trial. Some might call this ghoulish or murder as entertainment but for me it was a rare opportunity to actually see how the system deals with male violence against women. The headlines constantly tell us that justice works for violent men and fails their female victims and here was a chance to see if this was true and see how it works in action.

I was actually pleasantly surprised, from a feminist viewpoint, about the trial. Judge Masipa was rumoured to be an advocate for women and tough on male violence. She and her assessors looked like everyday human beings, rather than the pillars of the establishment we see on the benches of this country. I was also pleasantly surprised by the effort the State made in fighting for Reeva Steenkamp and tearing down the ridiculous story about an intruder. Despite generous bail conditions, that I suspect would never be granted to a poor or black man, Oscar Pistorius, a wealthy, well-connected sporting hero was not treated with kid gloves by the trial proceedings.

From the initial cynicism that Pistorius was too rich to jail, most watching the trial felt that Reeva Steenkamp, at least, was going to receive some kind of justice. She was locked in a tiny, enclosed space, bullets designed to cause maximum injury shattered her pelvis, 'amputated' her arm and blew her brains out, neighbours heard her screams, neighbours called security, one kind neighbour rushed round to see if he could help save her; surely her dead body was enough to make her be believed? Pistorius, on the other hand, was a poor witness, caught out in endless untruths and contradictions. The ballistics, forensics, ear-witness testimony and Reeva's own words about his controlling behaviour and bad temper stood against his ludicrous story.

However, Judge Masipa has found Pistorius guilty only of culpable homicide and one other charge of firing a gun in a public place. I, and most legal experts commenting on the case, am completely bewildered and disappointed in this decision. Masipa swept away virtually all of the evidence as 'circumstantial' and, therefore, unreliable. Pistorius was called unreliable and untruthful and, yet, her findings were based almost entirely on believing his word. A rich, white, good-looking, sporting hero from a well-connected family was given the benefit of the doubt and his version was allowed to stand. Reeva had a whole body of evidence swept aside as 'open to interpretation', whereas one man's word was enough to reach a verdict in his favour. If this is the test then women will never receive justice.

Is this what domestic violence murders down to? If there is nobody to see a woman being murdered then it never happened? A murder happens behind closed doors, there are no witnesses, the murderer lives to spin a tale and the victim has no voice at all? People criticise women for not reporting rapes and domestic violence but what is the point if even your dead body isn't enough to prove you are truthful and all the man standing over it holding a gun only has to say 'I didn't mean to do it' to be believed? Now that I've seen a domestic violence case in action I can't believe how grim and depressing I find the whole situation.

[SwiftRelease]

I reckon/hope her verdict is more of an appeal-proof step towards a long jail term for OP than if he had been found guilty of murder without sufficient evidence. Hehas after all been found guilty of the significant crime of culpable homicide.

Why cant we all trust her and her considerable legal expertise/life experience to bring justice via the sentence she imposes next month. I will eat my words if OP is not given lengthy jail time.

[SwiftRelease]

Nowhere did i suggest that S africans are armed to the teeth! I gave my example as i think it os hard to explain how vulnerable people feel at night time. And yes i know several people with guns at home. A couple who even walk/run with them. People DO live in a climate of fear relative to what is notmal in the UK and take action accordingly- armed response, security estates, electric fences, dogs and yes in some cases guns at home.

[Curwen]

From the little that I understand about this case, it seems that the judge was prevented from finding OP guilty of murder by the definition of 'beyond reasonable doubt', or at least by her definition of it.

How would people change the legal definitions for levels of proof required for conviction in such cases? Or are they already sufficient? Or is the judge given too much leeway in the area of her/his interpretation?

[gincamparidryvermouth]

Not one single South African I know, friends or family, owns a gun, and most of them live in Jo'burg. The idea that SAns are routinely armed to the teeth is so false and so damaging to people's perceptions of what life there is like

Yes, this.

[Amethyst24]

SwiftRelease I am South African too. I've lived in the UK for a long time but my dad and two of my sisters and their families still live there. Not one single South African I know, friends or family, owns a gun, and most of them live in Jo'burg. The idea that SAns are routinely armed to the teeth is so false and so damaging to people's perceptions of what life there is like.

Incidentally, for those who aren't aware, trial by jury was abolished under apartheid because it would have been nigh-on impossible for a black accused person to have a fair trial with an all-white jury.

I do agree that it looks overwhelmingly like a DV murder, but I can also see how it was impossible for the judge to find OP guilty beyond reasonable doubt. I hope the sentence reflects what we all know happened.

[Amethyst24]

SwiftRelease I am South African too. I've lived in the UK for a long time but my dad and two of my sisters and their families still live there. Not one single South African I know, friends or family, owns a gun, and most of them live in Jo'burg. The idea that SAns are routinely armed to the teeth is so false and so damaging to people's perceptions of what life there is like.

Incidentally, for those who aren't aware, trial by jury was abolished under apartheid because it would have been nigh-on impossible for a black accused person to have a fair trial with an all-white jury.

I do agree that it looks overwhelmingly like a DV murder, but I can also see how it was impossible for the judge to find OP guilty beyond reasonable doubt. I hope the sentence reflects what we all know happened.

[scallopsrgreat]

So a woman is shot dead by her boyfriend in his house. How much more domestic or violent would you like it to be before it is a domestic violence issue?

When guns are in the house women are in more danger.

Are feminists suddenly not allowed to question other women's actions? Nobody is being misogynistic in their criticism. They are questioning the anomalies that appear to have been overlooked or not explained sufficiently and some of her phrasing. For example do you think that fear is part of a normal relationship? Because quite a few of us don't and think that's a dangerous message to send out publicly to millions of women. It's important to be critical of messages like that, no matter who says them, male or female.

[SwiftRelease]

I am part South African and have several comments. Firstly most in SA woukd agree with the sentiment of this thread. However, the judge with 2 legal counsel deemed that there was a lack of evidence of murder. She has yet to pass sentence . Also there are no juries in sA so whoever said they favour rich white men is talking bollocks, sorry! I dont see this as a domestic violence issue at all - and sadly there are MANY in SA, am not blind but this little 3-monther does not fit the bill. Home invasions area Massive issue in SA, i know a couple of people who have shot an intruder, one fatally. Neither were even arrested. It's a cery different aorkd from UK and rather different legal system. People are petrified. A severely disabled egomaniac like Op? Doubly so i imagine.

As for the judge, she is highly regarded,fully trained and experienced and i find the rush to condemn her far more of a feminist concern than her well-considered verdict.

[NickAndNora]

The judge ignored all testimony from Oscar's neighbours because it was all unreliable, apart from some things she cherry-picked about Oscar appearing distraught after the shooting (I mean, no shit Sherlock).

The judge didn't even take the ballistics evidence into account.

The judge didn't even take the postmortem evidence into account.

The judge didn't even take crime scene/forensic evidence into account.

The judge didn't even take character evidence into account.

The judge said Oscar was evasive and untruthful but believed his story, even though she found bits of it highly improbable. She put a large emphasis on his grief immediately after the crime and his prayers to god. After the shooting Oscar called a friendly neighbour first, he called a private ambulance company but can't remember what was said and no ambulance materialised from that call, he told all the neighbours who arrived that he mistook Reeva for a burglar but was suddenly too upset to speak when the police arrived, he was seen charging his phone up in the kitchen, his lawyer arrived at the same time as his family, his sister took Reeva's handbag from the scene and, within a few hours, he'd hired a new PR agent and instructed his brother and lawyer to get details of his offshore accounts from his safe. Grieving and distraught my arse.

[MamaMary]

I did follow the trial and am shocked at the outcome. The defence case was full of contradictions, unreliable witnesses and shoddy arguments.

I am desperately sorry for Reeva's family. Justice has not been done.

[PetulaGordino]

"I didn't follow the trial closely, but the more I hear about it the more upsetting I find it. "

me too just

[NickAndNora]

Most of her things were neatly packed in her overnight bag. There was one pair of her jeans lying inside out on the bedroom floor, on top of a duvet that Oscar said he saw Reeva sleeping under on the bed. There was another pair of jeans lying under the bathroom window (never explained). There were one or two of her personal effects lying next to the side of the bed where Oscar claimed he was sleeping, whereas all Oscar's personal effects (including his prosthetic legs) were on the side of the bed where he said she was sleeping. If he had been sleeping on the side of the bed where his effects were found it would have made it even more unbelievable that he had fetched his gun from that side of the bed without seeing Reeva.

[Sevillemarmalade]

I'm sure I read somewhere that she had a suitcase packed? I could be wrong, haven't been following the trial very closely. I am disappointed at the verdict. The Glosswatch article sums it up very well.

[NickAndNora]

Reeva's phone was found on the bathroom floor. Whether she had it with her and whether she put it there are questions up for debate. The light in the toilet was broken but then one would have thought she would have just switched the light in the bathroom on, rather than opt to go to the loo by locking herself in a small, dark cubicle with just the light from a phone. I followed this trial religiously and you could pick Oscar's story apart in many ways. I do think intent was proved and that he knew Reeva was in the toilet. There are many reasons I believe this but chiefly -

a) The duvet with the blood trail that led onto the carpet - Oscar lied about seeing Reeva under the duvet in bed
b) The fans not being found where Oscar said he placed them and the duvet being found where he said he placed the fans - He lied about getting up to bring the fans in and he lied about later running onto the balcony to call for help
c) The police found and photographed the balcony doors and curtains open - The room was never dark and the light on the balcony meant Oscar was always aware Reeva was not in the room

There are so many other things to add which could be open to interpretation (if one was being super generous to Oscar) but these three facts from the crime scene either mean that Oscar was lying or the police miraculously knew what his story was going to be the moment they arrived at the house and fixed the scene accordingly. The judge never even considered this evidence.

[PetulaGordino]

no, not in the least

[DonkeySkin]

Sorry, obviously I meant the prosecution argued that he couldn't have got to the gun without realising she wasn't in bed.

Then there is the fact that Reeva was fully dressed in the middle of the night, the neighbours who heard a woman scream after the first gunshot...

Anyhow, here is an article that explains very clearly the errors in Judge Masipa's reasoning:

criminallawza.net/

I very much hope there is an appeal.

[scallopsrgreat]

Sarah Ditum quoted over 500,000 sexual assaults a year in here article here.

[DonkeySkin]

NickAndNora, there do seem to be myriad inconsistencies in his testimony that don't add up and then big things like the fact that the gun holster was found under Reeva's side of the bed (which the defence argued proved that he couldn't have got to the gun without realising she wasn't in bed).

The judge herself said he was untruthful, but for some reason chose to accept his version of events without question

Curwen, the fact that men commit the vast majority of violence advantages men as a class and is the bulwark of male power in all societies; even those who aren't violent carry the power and authority that being seen to have the potentiality for violence confers. Almost all political power ultimately relies on violence or the threat of it to back it up. If we ordered society differently, such that violence was so universally sanctioned that it was always to a person's disadvantage to commit it, men would no longer be able to use the actuality and the threat of it to control women, children and other men.

[ifyourehoppyandyouknowit]

But the culpable homicide charge risks being passed off (and already is) as some kind of tragic accident where the injured party is OP, who accidentally shot his girlfriend to death and has now been through the trauma of this horrible trial and a smear campaign against his character. And Reeva is just no one, some woman who was in the wrong time at the wrong place and no one will remember her name in a few years.

[sausageeggbacon11]

In a country that has 50 murders a day and around 65,000 rapes and sexual assaults per year you have to wonder what judges see that adjusts they view of how best to decide in a trial. I am sure as others have mentioned the judge has tried to avoid OP walking away scot free. If it went back to trial for an appeal OP would probably come across much better and the holes in the prosecution case and witnesses will look even worse and he would probably get off.

All things considered while not the best result it has in the long term stopped him being set free as an innocent party.

[SanityClause]

He deliberately put four bullets through the door knowing whoever was behind that door would be killed. He's got away with murder.

^^^

This. He intended to murder someone.