Murder conviction quashed for UK woman who killed abusive husband

[webfact]

Murder conviction quashed for UK woman who killed abusive husband

By Sonia Elks

 

A woman and children cast their shadows as they stroll in the sunshine on the Southbank in London, Britain September 19, 2015. REUTERS/Neil Hall

 

LONDON (Thomson Reuters Foundation) - A British woman who killed her husband with a hammer had her murder conviction quashed on Thursday after an appeal found the original trial had not factored in the effects of decades of domestic abuse.

 

Supporters of Sally Challen, 65, including her two sons, hailed the decision to order a retrial as a landmark for victims of coercive control, criminalised in 2015, which involves extreme emotional and psychological abuse.

 

"This is an amazing moment," her son David Challen told reporters outside the court after the verdict was announced.

 

"The abuse our mother suffered we felt was never recognised properly and her mental condition was not taken into account."

 

About 2 million people, predominantly women, suffer domestic abuse every year in Britain, the government said. It can take myriad forms, from beatings to rape, control of a partner's actions or limiting access to money, family and friends.

 

Sally Challen was convicted of murdering her husband Richard in 2011, with a 22-year jail sentence, later reduced to 18.

 

Her supporters say she was a victim of coercive control by her husband for more than 40 years, which was a factor underlying the attack and its immediate trigger.

 

Her legal team argued that coercive control, which was criminalised four years after Challen's trial, had been poorly understood at the time and was not properly considered.

 

Women's rights campaigners hailed the ruling as a significant step forward for victims of emotional abuse.

 

"Sally Challen and her children experienced decades of controlling abuse at the hands of her late husband; this important contextual information was never considered when she was convicted of murder," said Sian Hawkins at Women's Aid.

 

"However, it is a bittersweet victory for Sally, her son, David and their family with the court ordering a retrial."

 

The Everyday Sexism Project, which encourages women to speak up about offensive behaviour, from lewd comments to harassment, said on Twitter that it was "an important step towards understanding coercive control".

 

Domestic abuse costs England and Wales some 66 billion pounds ($85 billion) annually, mostly due to its physical and emotional impact on victims - as well as costs to police, health and support services, according to research by the Home Office.

 

(Reporting by Sonia Elks @soniaelks; Editing by Katy Migiro. Please credit the Thomson Reuters Foundation, the charitable arm of Thomson Reuters, that covers humanitarian news, women's and LGBT+ rights, human trafficking, property rights, and climate change. Visit http://news.trust.org)

 

 -- © Copyright Reuters 2019-03-01

[thaibeachlovers]

Even though many men suffer decades of psychological abuse from their wives, and in some cases physical abuse, I can't see a man getting the same leniency.

This opens the floodgates for every woman that does  want to kill her husband- "Oh, he abused me" is destined to become a familiar term in court, IMO.

[Chomper Higgot]

She was subjected over many years to abuse that is recognised as a crime but was not taken into consideration during her trial.

 

Quashing her conviction and putting her case to retrial is clearly the right decision.

[Chomper Higgot]

1 hour ago, thaibeachlovers said:

Even though many men suffer decades of psychological abuse from their wives, and in some cases physical abuse, I can't see a man getting the same leniency.

This opens the floodgates for every woman that does  want to kill her husband- "Oh, he abused me" is destined to become a familiar term in court, IMO.

I feel your pain Bro.

 

Let it out, you’ll feel better.

[soalbundy]

14 minutes ago, Chomper Higgot said:

She was subjected over many years to abuse that is recognised as a crime but was not taken into consideration during her trial.

 

Quashing her conviction and putting her case to retrial is clearly the right decision.

She didn't see divorce as a viable option obviously.

[Chomper Higgot]

9 minutes ago, soalbundy said:

She didn't see divorce as a viable option obviously.

Try reading up on coercive abuse.

[dick dasterdly]

"Supporters of Sally Challen, 65, including her two sons"

 

The part I have emboldened says it all for me.

[rixalex]

2 hours ago, dick dasterdly said:

"Supporters of Sally Challen, 65, including her two sons"

 

The part I have emboldened says it all for me.

Not sure it really proves much either way myself.

 

The boys have already lost their father. Nothing can bring him back. Most children love both their parents, regardless of the things they may do. It's a powerful bond, arguably the most powerful there is.

 

With their mum out of jail, at least they have one of their parents back, rather than having neither.

 

Not passing comment one way or the other on her guilt, just saying that it doesn't surprise that her sons want her back.

[dick dasterdly]

11 minutes ago, rixalex said:

Not sure it really proves much either way myself.

 

The boys have already lost their father. Nothing can bring him back. Most children love both their parents, regardless of the things they may do. It's a powerful bond, arguably the most powerful there is.

 

With their mum out of jail, at least they have one of their parents back, rather than having neither.

 

Not passing comment one way or the other on her guilt, just saying that it doesn't surprise that her sons want her back.

I see your point, but the sons are both adults?

 

They know what happened in their family. and as adults are far less likely to desperately want one parent back if they knew that one parent murdered their other (loved?) parent for no good reason.

 

Far more likely that they saw the abuse, and can understand why their mother killed their father.

[CharlieH]

No one truly knows what goes on in a relationship between two peple, and when one is removed its then a matter of a one sided story and subject to exaggeration and potential abuse of, and taking advantage of, the situation.

Unless there is documented medical evidence to support any allegations of physical or mental abuse over a period of time leading to the final act.

[robblok]

9 minutes ago, dick dasterdly said:

I see your point, but the sons are both adults?

 

They know what happened in their family. and as adults are far less likely to desperately want one parent back if they knew that one parent murdered their other (loved?) parent for no good reason.

 

Far more likely that they saw the abuse, and can understand why their mother killed their father.

I think the abuse happened her sons would otherwise not support her. I don't think she should have no punishment as she killed someone and there were other options like divorce (i know not easy in such a relation). But I do think the abuse should count towards a far lighter sentence. 

[rixalex]

4 minutes ago, dick dasterdly said:

I see your point, but the sons are both adults?

 

They know what happened in their family. and as adults are far less likely to desperately want one parent back if they knew that one parent murdered their other (loved?) parent for no good reason.

 

Far more likely that they saw the abuse, and can understand why their mother killed their father.

I'm guessing they are adults too, but adults still usually have a strong bond to their parents, and if their mother was loving and caring to them, how long are they going to stay angry at her for whatever happened between her and their father?

 

I do though agree with your summation being most likely. I just don't think it can be taken as a given, that because the sons want her out of jail, that means she must be innocent.

[Chomper Higgot]

28 minutes ago, CharlieH said:

No one truly knows what goes on in a relationship between two peple, and when one is removed its then a matter of a one sided story and subject to exaggeration and potential abuse of, and taking advantage of, the situation.

Unless there is documented medical evidence to support any allegations of physical or mental abuse over a period of time leading to the final act.

Well, that and two adult sons as witnesses.

[Chomper Higgot]

19 minutes ago, rixalex said:

I'm guessing they are adults too, but adults still usually have a strong bond to their parents, and if their mother was loving and caring to them, how long are they going to stay angry at her for whatever happened between her and their father?

 

I do though agree with your summation being most likely. I just don't think it can be taken as a given, that because the sons want her out of jail, that means she must be innocent.

The presumption in a court of law is 'innocence'.

 

 

[Tropposurfer]

4 hours ago, soalbundy said:

She didn't see divorce as a viable option obviously.

In was not privy to any thing other than the news report herein and on Reuters (checked that out today), so I speak, about this particular case from generalised data about domestic violence (DV), well known and clearly proven. 

While men do suffer abuse from women, women are by far-and-away subjected to more violence and control by their male partners.

Yes, you are right when you talk about men being abused and the reaction and pendulum swinging to 'all men are perpetrators' thinking which in some areas society is alive a well today as part of the coming-out about DV in this world.

The notion of entrapment and imprisonment sadly for the women/wives, is the case (not nearly as much for males who suffer DV), although men are imprisoned in relationships too and violently abused.

Men are ridiculed and shamed often in my view (I see this often on television where men are treated as idiots by female partners and openly mocked) which only serves to reinforce the anger and rage held within at the origins in early life of similar abuses suffered by them. Add to this the male-entitlement that we are taught to hold as 'right and true' as we grow up and along with other factors this creates a volatile violent male psyche. If you don't believe me go out on a weekend night and watch the violence and rage all around released by the use of social analgesics.

The facts show; When women even begin to think about leaving (such is the hyper-vigilance in the perpetrator to keep control of others and the environment they feel and knows this subtle shift in the victim to self-actualisation and separation from their control), or attempt to, or leave a violent relationship the chances of mortal injury rises very, very steeply.

Fact: Most fatality victims are killed after they leave!

The notion of 'why not just leave and divorce' is not such a cut and dried matter for the victim (male or female). The destruction of the psyche of victims is very quickly and all pervasive, and a key feature of the motivations in the power & control paradigm of perpetrators.

I speak here as a psychotherapist mental health worker of 30 years experience and for some of this vocation I have specialised in DV both victim and perpetrator therapy provision so I do know what I'm talking about. 

I forgot to add: Violence is a choice by the offender. It isn not as an un-empowered response to provocation. It is always a choice albeit the choice may seem to be automatic and un-discerned, ... I'm ask you to trust me when I tell you .... there is always a thinking, feeling, and decision making process at hand when the tongue, and or fist is raised and used. So if you are of the school that believes 'she/he made me do it' I encourage you to look carefully at this thinking and belief system behind and driving such thinking.

  

[Baerboxer]

5 hours ago, Chomper Higgot said:

She was subjected over many years to abuse that is recognised as a crime but was not taken into consideration during her trial.

 

Quashing her conviction and putting her case to retrial is clearly the right decision.

 

Coercive Control was only criminalized 4 years after her trial, according to the OP.

 

Laws can't be applied retrospectively. 

 

Her appeal has to be based on the failure to take the abuse and it's effects on her mental state into account. Diminished responsibility manslaughter rather than murder etc. would produce a much reduced sentence which with time served, partial suspension could facilitate release.

[Kwasaki]

5 hours ago, Chomper Higgot said:

Quashing her conviction and putting her case to retrial is clearly the right decision.

Agree so now she be charged with what manslaughter.

[Basil B]

5 hours ago, Chomper Higgot said:

She was subjected over many years to abuse that is recognised as a crime but was not taken into consideration during her trial.

 

Quashing her conviction and putting her case to retrial is clearly the right decision.

At the time of her conviction coercive behavior was not recognized as a crime or even as a form of mental cruelty, I too am glad this is going for a retrial, but there are a number of points that concern me:

1. she was already separated from her husband.

2. why was she carrying s hammer in in her hand bag.

 

[rixalex]

54 minutes ago, Chomper Higgot said:

The presumption in a court of law is 'innocence'.

 

 

Didn't say it wasn't.

[from the home of CC]

8 hours ago, webfact said:

Domestic abuse costs England and Wales some 66 billion pounds ($85 billion) annually, mostly due to its physical and emotional impact on victims - as well as costs to police, health and support services, according to research by the Home Offic

IMHO if you take alcohol off the table in the U.K. this figure would drop 90%, though we all know that will never happen..

[seahorse]

1 hour ago, Tropposurfer said:

the male-entitlement that we are taught to hold as 'right and true' as we grow up

Rubbish. 

 

1 hour ago, Tropposurfer said:

if you are of the school that believes 'she/he made me do it' I encourage you to look carefully at this thinking and belief system behind and driving such thinking.

You're contradicting yourself. 

[OJAS]

1 hour ago, dick dasterdly said:

I see your point, but the sons are both adults?

Yes, aged 31 & 35 according to the BBC:-

 

https://www.bbc.com/news/uk-england-47407204

 

29 minutes ago, Kwasaki said:

Agree so now she be charged with what manslaughter.

To quote from the BBC link:-

 

"Mrs Challen, whose name is Georgina but is known as Sally, will face a retrial on a charge of murder after the panel of judges refused to substitute a manslaughter conviction."

[seahorse]

8 hours ago, thaibeachlovers said:

Even though many men suffer decades of psychological abuse from their wives, and in some cases physical abuse, I can't see a man getting the same leniency.

This opens the floodgates for every woman that does  want to kill her husband- "Oh, he abused me" is destined to become a familiar term in court, IMO.

The gynocracy is real. 

[Basil B]

1 hour ago, CharlieH said:

No one truly knows what goes on in a relationship between two peple, and when one is removed its then a matter of a one sided story and subject to exaggeration and potential abuse of, and taking advantage of, the situation.

Unless there is documented medical evidence to support any allegations of physical or mental abuse over a period of time leading to the final act.

As coercive behavior is now a major factor in her defense, and she has witnesses to back it up, I doubt she will need any medical evidence to back it up, it will now be up to the prosecution to disprove it, remember to convict under criminal law the test is "Beyond Reasonable Doubt",  (my thinking) the only medical evidence would be from a "expert witness" who would be explaining to the court how such behavior could have affected the defendants state of mind.

 

As stated in my previous post I have an open mind on this, there are other points to take into consideration and if as it maybe proven as to be "premeditated" then I would not be happy with it being reduced to manslaughter.

[evadgib]

Peripheral link published yesterday.

[BritManToo]

12 hours ago, thaibeachlovers said:

This opens the floodgates for every woman that does  want to kill her husband- "Oh, he abused me" is destined to become a familiar term in court, IMO.

My Brit wife was walking down that road (same age as well), but I ran off before she killed me.

No evidence required, just a totally fictional report now and again to the police, which I was never informed about.

There's a lot of unsuspecting and innocent men in the UK facing being murdered now with no justice for their deaths.

 

In the west, never live with a woman, never marry, unless you want to risk everything you have, now including your life.

[Chomper Higgot]

31 minutes ago, BritManToo said:

My Brit wife was walking down that road (same age as well), but I ran off before she killed me.

No evidence required, just a totally fictional report now and again to the police, which I was never informed about.

There's a lot of unsuspecting and innocent men in the UK facing being murdered now with no justice for their deaths.

 

In the west, never live with a woman, never marry, unless you want to risk everything you have, now including your life.

I’m not sure TVF is the place to cry for the help you need.

[RJRS1301]

13 hours ago, thaibeachlovers said:

Even though many men suffer decades of psychological abuse from their wives, and in some cases physical abuse, I can't see a man getting the same leniency.

This opens the floodgates for every woman that does  want to kill her husband- "Oh, he abused me" is destined to become a familiar term in court, IMO.

Considering that on average one woman a week is killed in Australia by her domestic partner, and murder of men by female partners is negliable perhaps men need to consider what amount of physical,emotional or psychological abuse is acceptable in any relationship.

[nahkit]

19 hours ago, webfact said:

Her supporters say she was a victim of coercive control by her husband for more than 40 years, which was a factor underlying the attack and its immediate trigger.

So "coercive control" gives you the right to take another persons life?

[thaibeachlovers]

On ‎3‎/‎1‎/‎2019 at 2:41 PM, dick dasterdly said:

"Supporters of Sally Challen, 65, including her two sons"

 

The part I have emboldened says it all for me.

She is 65, presumably her TWO sons were old enough to help her escape an abusive marriage, but did not do so. Need I say more?