[Vision2020] The meaning of violence in Idaho Code (as I understand it)

[Rosemary Huskey]

Idaho Statues appear to describe violence as a direct physical act. (I am
not particularly proficient in searching statutes - it is to be hoped that
other, more competent, searchers will find that Idaho does recognize
emotional or mental cruelty as violent and illegal behavior. IMO "abuse"
does not carry the same commonly understood meaning that the word "violence"
does, but rather minimizes the action.)  It is hard to accept that parochial
semantics should trump the reality of the two and one half years of
mistreatment of Mr. Pohrman culminating in his death by starvation.  The
felonies (which may be found on the Idaho Repository) charged were:

Adult-Abuse or Neglect of a Vulnerable Adult (Bodily Harm) in part reads
(although I encourage you to read the whole statute):
"TITLE 18 
CRIMES AND PUNISHMENTS
CHAPTER 15 
CHILDREN AND VULNERABLE ADULTS

 18-1505. Abuse, exploitation or neglect of a vulnerable adult. (1) Any
person who abuses or neglects a vulnerable adult under circumstances likely
to produce great bodily harm or death is guilty of a felony punishable by
imprisonment for not more than ten (10) years and not more than a
twenty-five thousand dollar ($25,000) fine."
http://www.legislature.idaho.gov/idstat/Title18/T18CH15SECT18-1505.htm

Pulbice [sic] Public Assistance-Fraudulently Obtain Welfare or Public
Assistance, etc.

TITLE 18 

CRIMES AND PUNISHMENTS

CHAPTER 24 

THEFT

 18-2408. Punishment for theft. (1) Grand theft committed in a manner
prescribed in subsection (1)(a) of section 18-2407
<http://legislature.idaho.gov/idstat/Title18/T18CH24SECT18-2407.htm> , Idaho
Code, is a felony punishable by fine not exceeding ten thousand dollars
($10,000) or imprisonment in the state prison for not less than one (1) year
nor more than twenty (20) years, or by both such fine and imprisonment.
http://legislature.idaho.gov/idstat/Title18/T18CH24SECT18-2408.htm

Adult-Exploitation of a Vulnerable Adult (Over $1,000.00)
18-1505. Abuse, exploitation or neglect of a vulnerable adult. (1) Any
person who abuses or neglects a vulnerable adult under circumstances likely
to produce great bodily harm or death is guilty of a felony punishable by
imprisonment for not more than ten (10) years and not more than a
twenty-five thousand dollar ($25,000) fine.
http://www.legislature.idaho.gov/idstat/Title18/T18CH15SECT18-1505.htm

I won't elaborate on the fact that acts leading to the death of a child or
vulnerable adult is "abuse" but the abortion of a fetus is termed murder.
http://legislature.idaho.gov/idstat/Title18/T18CH40SECT18-4001.htm

It seems especially unconscionable that the defendants are strolling about
town free as the wind on bonds of $5,000 (Winter) and $10,000 (Wright) which
means they anted up $500 and $1,000.  Wright, of course remains on probation
from a previous conviction of burglary.  I will be surprised if their trial
(if they plead innocent) begins before this time next year.  I hope I am
wrong.

Their deliberately negligent behavior denied him the medical/mental health
interventions that would have saved his life.  One doesn't have to shoot,
stab, or poison to murder - clearly starving does the job as well.
Meanwhile, the Department of Justice seems to have a clearer understanding
of the word "violent."  I have bolded the words/phrases that seem
applicable. While Mr. Pohrman wasn't a "typical" partner his money supported
the household and provided numerous accoutrements that certainly were beyond
the means of the basically unemployed defendants.

U.S. Department of Justice

We define domestic violence as a pattern of abusive behavior in any
relationship that is used by one partner to gain or maintain power and
control over another intimate partner.  Domestic violence can be physical,
sexual, emotional, economic, or psychological actions or threats of actions
that influence another person. This includes any behaviors that intimidate,
manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten,
blame, hurt, injure, or wound someone.

Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair
pulling, etc are types of physical abuse. This type of abuse also includes
denying a partner medical care or forcing alcohol and/or drug use upon him
or her.

Sexual Abuse: Coercing or attempting to coerce any sexual contact or
behavior without consent. Sexual abuse includes, but is certainly not
limited to, marital rape, attacks on sexual parts of the body, forcing sex
after physical violence has occurred, or treating one in a sexually
demeaning manner.

Emotional Abuse: Undermining an individual's sense of self-worth and/or
self-esteem is abusive. This may include, but is not limited to constant
criticism, diminishing one's abilities, name-calling, or damaging one's
relationship with his or her children.

Economic Abuse: Is defined as making or attempting to make an individual
financially dependent by maintaining total control over financial resources,
withholding one's access to money, or forbidding one's attendance at school
or employment.

Psychological Abuse: Elements of psychological abuse include  - but are not
limited to - causing fear by intimidation; threatening physical harm to
self, partner, children, or partner's family or friends; destruction of pets
and property; and forcing isolation from family, friends, or school and/or
work.

Domestic violence can happen to anyone regardless of race, age, sexual
orientation, religion, or gender. Domestic violence affects people of all
socioeconomic backgrounds and education levels. Domestic violence occurs in
both opposite-sex and same-sex relationships and can happen to intimate
partners who are married, living together, or dating.

Domestic violence not only affects those who are abused, but also has a
substantial effect on family members, friends, co-workers, other witnesses,
and the community at large. Children, who grow up witnessing domestic
violence, are among those seriously affected by this crime. Frequent
exposure to violence in the home not only predisposes children to numerous
social and physical problems, but also teaches them that violence is a
normal way of life - therefore, increasing their risk of becoming society's
next generation of victims and abusers.

Sources: National Domestic Violence Hotline, National Center for Victims of
Crime, and WomensLaw.org. http://www.justice.gov/ovw/domestic-violence

 

Rose Huskey

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