The girlfriend recanted at trial, despite a face full of stitches; Monserrate was charged with a felony, but convicted of a misdemeanor, so his maximum sentence was only one year. The judge however did not sentence him to anywhere near that amount of time, giving him probation and some anger management counseling.
The judge DOES NOT GET IT.
Sandy Oliva, executive director of the Nassau County Coalition Against Domestic Violence had an excellent op-ed on this topic; I think it would be worthwhile if judges, perpetrators and victims all over this country read it.
Particularly disturbing is the use of “anger management” – [Judge] Erlbaum warned Monserrate to “curb your anger.” We don’t know exactly what transpired between Monserrate and [the victim] Giraldo that night, but it’s important to remember that domestic violence is about coercive control, not anger.
Anger management cannot cure a batterer. In contrast to someone who flies into a blind rage, the violent attacks of a batterer are often calculated, premeditated measures to control and subjugate the will of the victim. Erlbaum seemed to identify this element of subjugation, commenting that he hoped Giraldo would “have the self-respect to stop acting like a slave.”
It can be frustrating and perplexing for outsiders to see that some victims of domestic violence refuse to cooperate with the police after an arrest, claiming to love and support the abuser or remaining in a toxic relationship, even when they have the resources to leave – which, unfortunately, so many do not.
But this common reaction on the part of the victim is more understandable when we realize that an abuser does enslave the victim, does rob her of self-esteem and self-respect, and does control and terrify her with an organized campaign of violence, threats, isolation, intimidation, humiliation, guilt and other mental and emotional control tactics. A physical beating is generally just one component of an abusive relationship. “Anger management” completely misses the mark.
It’s worth pointing out that the judge seems to be influenced by the fact that this is domestic violence rather than stranger violence. I wonder if the sentence would have been as lenient if Monserrate had attacked a stranger?



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I wonder what the verdict and sentence would have been if the roles were reversed.
A gross miscarriage of justice and a gross and obscene ending for the victim.
My loathing for this knows no bounds. Dude shoulda been castrated, the woman should have had better counseling in order to empower herself.
Alas, our society does not enable these things . . . I despise this about our society.
I urge every man and woman, boy and girl, to stand for what’s right, and fight back as much as possible.
And not let our ‘system’ overwhelm them as much or more than the conditions they face and endure.
Cuz it’s just not right to let people do these things to other people.
It’s just not right.
And sorry Mz. Kouril for not thanking you for your post . . . I kinda react hard about these issues . .
Thanks for bringing this to light . . . here’s to all us humans working to stop the violence against women, and any one else . . .
Do we know if Ms Giraldo had any contact with the Nassau County Coalition Against Domestic Violence or any agency dealing with domestic violence?
I watched that video, with the sound on, and was amazed that it could even be stated by a news talking hairdo that he was being “firm” in getting her “help” by dragging her out the door by her hair. I’m leaving now because this is a very hot button issue with me, and I’m incapable of being calm and reasoned in any discussion of domestic violence.
Good thing he didn’t hook up with Ashley Dupree, because then he would have had to resign in disgrace.
I hear ya . . . I acknowledge your comment.
Bless ya, we must all try in our lives to find a way to prevent this shit if we just pay attention and get involved.
The victims can’t do it alone, by any means . . . . and the perps should be held accountable, and stopped, with what ever it takes, in any way possible. Before it happens, as it happens, after it happens.
We are all responsible for this one . . . we are all tasked with not looking away.
As humans, we owe it to all of us to not allow or enable violence against women.
That is one of the things that separates us from the animals.
Or the evil.
I can’t watch the video. I want to know what the judge would have done if the woman had sliced the man. Actually strike that–just wonder how many years she’d be in for.
Know yer a regular, always like your stuff, but that was so open ended I failed to understand it.
And it sounds really, really, inappropriate for the subject at hand . .
‘Splain, please, and thanks . . . I’m sure I must be missin a point you tried to make that I didn’t get.
RAGE does not equal “anger.”
Nor can RAGE be “managed.”
From the ASPCA website, I see that Monseratte apparently talked the judge down from a domestic violence charge to charge of basic animal cruelty. At least that’s what this equates to:
The “women as property” mindset is apparently alive and well in Judge Erlbaum’s courtroom. Good luck if you ever have to practice there, Cynthia.
Thanks for the acknowledgment. (I thought I’d lurk for a bit, and not comment, which I do when things cut a bit close to the bone.) I’ve been hit/abused once in my life and what amazed me beyond F-ing belief was the response I got when I served as a lay reader in my church replete with bruises. Almost no one had the balls to ask “Oh, my God, what happened?” This was in New York City where I could even have gotten away with a tale about being mugged… This led me to think that the problem is SO ubiquitous that even in the supposedly safe church environment it can’t be talked about.
Back to lurking…
Link here.
Preview is my friend.
Preview is my friend.
Preview . . .
And btw, fuck the cops who think they are above the law, who do this all too often.
Or any abuser. I don’t buy the stress syndrome all the time.
Not in NYC, the blue is protected as much as the mafia. They are enabled.
I think (correct me if I’m wrong, Margot…) what Margot is trying to get across is that if the woman is the aggressor the penalties tend to be much more stringent.
Damn.
On various occasions, in the various churches I’ve served, I’ve mentioned child abuse in sermons. Each time, I get the same reaction at the back of the church as I’m greeting people. Person A says “Nice sermon pastor, but I’m sure we don’t have anyone here who’s been abused. We’re all such nice folk here. But down the road they surely need to hear about this.” Then the very next person in line comes up, takes my hand, and says “Nice sermon, pastor.” Then he or she pulls me closer, leans toward my ear, and whispers “but Person A is wrong. I was abused . . . and we need to hear about this here.”
Thanks for passing your story along.
Do we know for sure he is a batterer or just someone who flies into a blind rage?
It’s sad when members of a church family “look the other way,” but I sorta got the feeling that many of the folks who did were sort of whistling past the graveyard… “There, but for the grace of God and maybe I didn’t make him mad…” It’s certainly a problem that needs to be addressed head-on, but I wonder if it will happen in my lifetime.
Case in point: Child protective services visited Tiger Woods’ home.
Wasn’t Margot, was bmaz I replied to . . .
OOOPS! Sorry. (I did warn y’all I tend not to be entirely rational when abuse is the topic…!)
And I’m fully aware of that point, as it applies to minorities, or any non-whites, also.
But again, my reply was to BMAZ . . . I sure hope your sitch has resolved and you are in a better place.
Battering and abuse are such . . . hell, I can’t even find words . . . evil. They are evil.
May you be back and healed from it all . . . . as much as is possible . . . bless ya.
watertiger is upstairs!
Late Night: “Look Upon My Demands and Despair!”
Peterr, thank you for your service in support of the abused . . . no matter who they be.
May you ever rise up against it, and preach about it’s evils and how to overcome it.
Amen. (agnostic)
What’s the fucking difference?
It happened to me once, and I split. In a great place now, but it’s still sometimes hard to talk about it (happened about 25 years ago). That being said, FDL is such an incredibly supportive community that I’m still here running my keyboard…
Time for me to head off to bed because my alarm clock will howl at me in about 7 hours. Be well, be happy, and be kind to each other.
Ya know, there’s a good dialogue just beginning here . . . about issues that are all too often held hostage and forced aside.
I think we can all bounce from thread to thread, in a decent manner, without being prompted/coerced, to do so.
Ease up mod. Let it run, let it play out. Use a lighter touch at times . . .
Your readers deserve that, at the very least, it’s the HEART of FDL, as I understand it . . .
Just don’t rush us, ok? *sigh*
Ma’am . . . h/t.
The difference between Murder 1 and manslaughter?
The video is sickening and appalling. These situations are occurring day in and day out in sometime less demonstrative ways and sometimes horribly worse. The abuse of women, children, elderly, and just ordinary citizens seems to be escalating. We have judges who will penalize someone who steals a loaf of bread to feed their family, throwing folks in prison for years, but give this cretin asshole Hiram Monserrate a slap on the hand and tell him to control himself. What the hell has happened to the moral fiber of this country…DID we ever really have any??
Police officers abuse and taser people at the slightest provocation…our elected officials laugh in our faces and represent their corporate donors like the whores they are…the privileged elite treat both the hardworking common folk and those unfortunately unemployed like fodder for the grist mill, the sick are told to buck up, grin and bear it…these times are getting more like a morbid and cruel Charles Dickens holiday fable with each passing season…
I believe we actually have a great mass of Scrooges running this country that would be very satisfied with the utterance of ‘let them die, and in turn diminish the excess population’
We are a very sick nation in denial…what can be done about it? Suggestions dear readers?
Well, folks, these things have been happening and well publicized for thirty years; except for the fact that women initiate domestic violence more often then men. Yes, they are injured more often, a fact reflecting physics more than politics, but intervening effectively in domestic violence begins with, as in any other phenomena, accurate facts of the matter. And so far, the data on women’s violence against men has pretty much been ignored. It is there in the research literature for anyone who wants to see. Data don’t fit well with feminist polemic or liberal male sympathies, but the data are what the data are.
I’ve tried to stop it before, a number of ways. Unreported child sexual abuse can be traced as a large causal factor in major adult female relationship problems, and all the abusive ones I have known. It’s not punished more vigorously because some men hold onto a ridiculous notion that a child’s first menses makes her sexually mature, the law is wrong, and sexually abusing daughters is an original right taken from men by women… argggh, fuxcorps — unprosecutable
wtf?!? yes, you are so very right and accurate, you poor man.
When he again assaults either this woman or another, as he probably will, he’ll not be punished again.
It’s only when the victim is dead, or intensive care, that the abuser is handled with sufficient seriousness.
The op-ed link is broken!! :(
Women who kill their male abusers generally serve far more time than male abusers who kill their victims.
Personally, I believe that this is due both to misogyny, and because society in general punishes most those who deviate from what’s expected.
Thank you for mansplaining that to us. Too bad it’s not true [reparagraphed for easier reading]:
Even if it were true, it would be irrelevant in a case with documented battery and injury to the woman. That’s not a matter of “physics”, that’s a matter of what. he. did.
Derail unsuccessful.
So many men, so few humans.
We could probably get some good data on that. Cutting off a penis for being raped, might be a good indicator of how unbalanced it is.
Notice the guy was a cop. That just about guarantees that he gets away with any kind of violence.
Safe church, ha!
Didn’t you know the bible teaches women to ‘submit’?
Everybody assumes if he is hurting you, it is your fault for not pleasing him well enough. You did something to ‘ask’ for it. I found getting sick or injured usually did the trick.
The man is very supported in this thinking by the church. He is supposed to be the master of he situation and if the woman isn’t submitting properly or working hard enough it is his duty and obligation to get her in line. There can be a lot of social pressure and competition among the men to promote it.
So if others observe, or just imply, she isn’t good enough …
It is hard for a woman because part of this man pleasing deal is being young and pretty. Just about the time mens peckers start to naturally wear out, women also age into being less pretty. Guess who gets blamed for that.
There is more to it than that, abusers of children train the children not to tell, that training is really hard for people who have been in denial for decades to overcome.
I “ruined” my mother in law’s Christmas by being upset that she had encourage and covered up a predatory sexual relationship between a grown man and my six year old son. The whole family was unhappy with me for protecting my boy. I am unhappy with them for supporting a pedophile!
I finally decided her reaction could only be explained by her own abuse and denial. I think by her father. Naturally I worry about my kids. That is something I wish I had known about before I got married, in fact, I consider it fraud.
The fish rots from the head.
It is a reflection of what we have become. After Bush started wars, I started activism. My concern always was children and schools, so I was already seeing a lot of troubling signs and I wanted to warn everybody.
Now what I saw then is happening so everyone can see it. From hard times like these rise huge opportunities. What is wrong with our country is leadership, but it has been going on for a very long time.
We have to end the drug war. The drug war is one of their many control mechanisms. They don’t want to lose it.
That pervasive nastiness is our culture reflecting the Bush leadership, after all he did legalize rape and torture. What do you expect?
Sorry this is so disjointed. It is how I write and I don’t seem to have the energy to edit it into ‘understandable’ right now.
That’s right, women start it, I think I said everyone assumes they “ask” for it.
I bet that piece of data is included in just about every police report too. If the officer leaves it out his supervisor will ask him about it and makes sure it gets in there.
That way they /you will have data for the claim you just made.
I found support for it in the bible.
America as usual: vicious, violent, corrupt and unjust. Makes me nauseous.
Caia, please be objective and try to see see aadvark’s point. It’s about how you define initiate. That means she started it, by looking at other men, going out without permission or not cleaning the refrigerator.
What’s at the root of domestic violence? Power & control. It’s as simple as that. That’s what the discussion should revolve around.
What a line of b.s.
I hope you prosecuted in defense of your son. My ex-girlfriend had been abused by an extended family member, and nothing was done in that situation either.
Meanwhile, the CSI:Miami guy Jonathan Togo gets out of jail for $50,000 bond. Sheesh.
Chris Brown, BeBe Winans, and now these guys. It makes you wonder if these people want to be this way, or if they’ve just never been taught anything different. For example Marala Scott’s (you know, the author up on Oprah right now) ‘Indicators of an Abuser‘ are intended just as much for people who might become abusers themselves as they are for potentially victims. A good idea.
As for people people justifying violence by blaming the victims – agreed. That’s the whole problem with the Tiger Woods shenanigans going on…while his wife’s emotions might be justified, her actions (if they actually were violent), were not.
hard to know what to say about this one. having been up close and personal with domestic violence of all varieties i can say, without equivocation, that it is not anger, it is CONTROL. it is terrorism intended to instill such terror as to annililate self-esteem and autonomy. a violent physical response by a woman rarely happens in a vacuum, unless of course she is as pathologically disturbed as her partner.
either way, the only way is out. the cycle has to be disrupted by any means necessary.
sadly, in this case, since she won’t do it and the judge is clearly a numbnut, that may come when he flunks out of anger management and kills his “special” someone.
Of course! What was I thinking? Objectivity is always white and male!