The Othello syndrome and a crime of passion
The
Othello Syndrome takes its name after the Shakespearean play Othello where
Othello kills his beautiful wife Desdemona because he believed that she was
unfaithful. In the play Desdemona never cheats on Othello but he thinks that
she has and he murders her. The phrase in modern day crime is used in reference
to husbands and male partners who kill their wives or partners, often in a fit
of rage, because they believe them to be either unfaithful or disloyal.
Does
the Othello Syndrome differ from a crime of passion? The answer in short is
yes. In a crime of passion the accused can kill either his or her spouse or his
or her partner or the person that he or she is with. Both men and women can
commit a crime of passion.
The
case of R v Cunningham (1981) tells us that the accused can claim that he or
she committed a crime of passion in the hope of mitigating the crime or being
given a lesser sentence.
The
defense, not that it is a recognized defense in the normal sense of the word,
is usually raised in cases with regards to spouses and partners where one
partner suspects that his or her other half is having an adulterous affair with
someone else and kills either the partner or the person who he or she is having
an affair with. In order to have any measure of success it has to be
spontaneous and the act must lack the element of premeditation or intent.
In
R v Cunningham (1981) the accused entered a pub and confronted his victim a man
who he believed was having an affair with his fiancée. He pushed the victim
down and hit him over the head numerous times with a barstool. The man died and
the accused was arrested and convicted for murder.
In
R v Davies (1975) the accused was jealous of his wife’s association with a
former lover and he became infuriated when he saw him walking with her and in
the scuffle that followed he killed his wife’s former lover. The court decided
that the act of the accused’s wife walking with her former lover could amount
to provocation. We have to keep in mind however that the relationship in R v
Davies (1975) was still alive and they were husband and wife - not that it
helps by much of course.
However
it is sometimes impossible to differentiate between what may or may not have
been a crime of passion and murder. In R v Weller (2003) we are once again
confronted with the situation where a male partner kills his female partner in
anger. The accused and the victim had an argument which prompted the victim to
end her 12-month relationship with the accused.
When
the victim went over to their flat to collect her belongings, another argument
ensued and the accused in anger strangled the victim to death.
The
accused was charged and convicted for murder. The accused appealed on the
grounds of provocation. During the trial, it became evident that the accused
was extremely jealous and possessive and the accused contended that the judge
should have directed the jury accordingly. The appeal was quashed.
As
for the Othello Syndrome, like the term implies, it is limited to the killing
of the wife or the female partner. In R v Vinagre (1979) the accused suspected
that his wife was having an affair with a plainclothes policeman though there
was no evidence to suggest that they were having an affair and in a fit of
jealousy the accused stabbed his wife 34 times thereby killing her.
The
accused was charged and the trial judge accepted the plea of diminished
responsibility and hence his life imprisonment was reduced to 7 years. Overall
however unfounded jealousy is not a defense and it only becomes a defense under
diminished responsibility when it creates a clear mental imbalance. It is this
category or type of jealousy i.e. that which has caused a mental imbalance and
prompts the accused to kill his wife or partner that is classed or categorized
as the Othello Syndrome.
Both
the Othello Syndrome and a crime of passion are a result of a sudden
uncontrollable fit of rage and the explosive anger that results causes the
accused to kill. In most instances, the crime scene would not be pretty, and we
are looking at multiple stabbings or multiple blows delivered until the accused
has unleashed all his pent up rage.
Then
again it is also possible, theoretically anyway, to stab someone in a fit of
anger and then suddenly realize what has happened. It is difficult to say. Psychiatrists put it down to a mental illness while judges don’t and that is
simply because to do so or to recognize some of these illnesses would make
women more vulnerable.
Copyright
© 2019 by Dyarne Ward
Comments
Post a Comment