PTSD And TBI Are Not Domestic Violence by Charles E. Corry, Ph.D.
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In the name of ending domestic violence a draconian set of laws that ignores virtually all of English jurisprudence has arisen. Such frivolous impediments to convicting an accused man (and some women) as presumption of innocence until proven guilty, denial of perjury and subornation of perjury, use of arrest and search warrants, due process, setting reasonable bail, and the requirement for prosecutors to establish both mens rea 1 and actus reus 2 beyond a reasonable doubt before a jury of one's peers, have been destroyed. Instead, torture and coerced plea bargains have been substituted and these barbaric practices are particularly effective against the disabled. The necessity for this is explained by continually castigating men for their support of the patriarchy, which it is claimed is maintained by men battering and abusing their wives. Members of the Armed Forces are, by definition, patriarchs and trained killers.
Clearly, radical feminist ideology and the resultant indiscriminate draconian laws with mandatory arrest, no drop prosecution, and primary aggressor policies lead to the wholesale destruction of military careers and their families and children based on the injuries and stress of combat. For doing their duty and honoring the call of their country, radical feminism rewards these men and women with arrest and destruction of their lives if they survive the multiple tours of combat they commonly endure today. Typically these men, and a few women, lose their veteran's benefits as well when caught up in the nightmare of DV courts, and commonly become homeless mental wrecks or end up in prison.
It should be remembered that in the wars of the 20 th Century that psychiatric casualties outnumbered physical casualties and the problems often didn't become apparent for decades after the combat. So even after the current wars end these problems will not go away and are virtually certain to grow worse with time.
1. Mens rea "guilty mind" generally requires the prosecution to prove the defendant acted purposefully, knowingly, recklessly, willfully, and intentionally. That is of particular importance in cases where the defendant is mentally impaired, e.g., traumatic brain injuries, or reacts instinctively without conscious intent, e.g., flashbacks with post traumatic stress disorder or a startle response due to combat stress.
2. Actus reus requires the prosecution to prove the defendant voluntarily committed a criminal act. The model penal code specifically describes what are considered involuntary acts and thus not criminal: (1) a reflex or convulsion; (2) a bodily movement during unconsciousness or sleep; (3) conduct during hypnosis or resulting from hypnotic suggestion; (4) a bodily movement that otherwise is not a product of the effort or the determination of the actor, either conscious or habitual.
PTSD and TBI are not limited to soldiers in combat. Any encounter with interpersonal violence can lead to PTSD symptoms and any number of accidents may result in the closed-head injuries that characterize TBI.
In study after study two factors show up again and again as critical to the magnitude of the post-traumatic response. First, and most obvious is the intensity of the initial trauma. The second, and less obvious but absolutely vital factor, is the nature of the social support structure available to the traumatized individual, e.g., family, military unit, or sometimes just friends they can talk openly with.
Diagnostic criteria for post traumatic stress disorder (PTSD) requires exposure to a traumatic event in which both of the following were present:
1. The individual experienced, witnessed, or was confronted by events involving actual or threatened death or serious injury of self or others.
2. The response involved intense fear, helplessness, or horror.
Obviously combat infantry are likely to meet these criteria and combat medics or corpsmen will be particularly susceptible. For details on PTSD in these situations Dave Grossman and Loren Christensen's book On Combat is highly recommended.
The characteristic symptoms of PTSD are: sleeplessness, nightmares, impotence, irrational anger or irritability, difficulty concentrating or focusing, dissociation from actual events, hypervigilance, flashbacks to the event, and exaggerated startle response. In many cases these symptoms may be mild and disappear within days or weeks.
For example, you pass a car accident with bodies strewn on the roadway. For a few weeks you have difficulty sleeping and some nightmares. After that the scene is scarcely remembered and doesn't bother you much anymore. But if the bodies strewn across the highway were your children or spouse, PTSD is likely to continue for a lifetime. Often the severity of the condition increases with time, especially if untreated.
If the carnage and violence are repeated and continue over time, or the deaths and injuries involve loved ones or close friends, as noted above, then the stressors often lead to chronic or acute PTSD. At Fort Carson in Colorado Springs alone we have, at any given time, approximately 10,000 soldiers who have completed two or more combat tours in Iraq or Afghanistan and some PTSD is inevitable in all of these troops. Of the 10,000, approximately 3,000 suffer from severe PTSD that is chronic or acute. Of the 10,000 it is estimated that roughly 2,000 have some level of traumatic brain injuries ranging from repeated concussions to gunshot or shrapnel wounds to the skull.
• Significant emotional distress, including suicidal ideation in some cases, that is made worse by chronic sleeplessness;
• Impairment of intimate or social relationships often expressed as irrational and inexplicable anger;
• Nightmares in which they kick and fight while asleep;
• Violent awakenings or they may possibly attack someone who startles them, particularly from behind. Anyone who has had to awaken a veteran has likely had the experience of them coming up swinging and they learn to stand back or shake the foot of the bed;
• Dissociation from events or reality, often resembling short-term memory loss;
• Impotence that may result in strains in an intimate relationship that make the situation worse;
Commonly the sufferer will attempt to self medicate with alcohol, finding the only way they can sleep is after imbibing heavily. DUI charges are one common manifestation of this and family arguments often result from the drinking.
And post traumatic means just that. Often these symptoms won't express themselves for months or years after the events, or only one or two of the symptoms may be present initially with the problems getting worse with time if untreated.
The correlation of PTSD symptoms with "domestic violence" are obvious. Wives tell us of waking up and finding their husband's hands around their throat, others speak of being kicked while their husband slept and having terrible bruises on their thighs. Wives or girlfriends unfamiliar with PTSD may naturally be frightened by this behavior and call the police expecting, and hoping to receive help. Instead, their horror is increased by police who insist on arresting the man despite their pleas that he just needs help. Often peace officers are left with no options but to make an arrest. Because of his condition, or if he has been drinking, the man (or woman) may make the situation worse by becoming aggressive and belligerent with police, particularly if they are experiencing a flashback.
Redfems, who hate warriors with a particular passion, have leapt at this opportunity to persecute and taunt veterans at every turn with the epithet of "trained killers." As a result, veterans and active-duty military are left to the tender mercies of radical-feminist courts and jail, compounding their nightmares.
And if military personnel plead guilty or are convicted of "domestic violence" in these trumped-up cases, or are given a permanent restraining order, they will lose their security clearance, be tossed out of the military with a less than honorable discharge, lose their veteran's benefits including health care, lose any professional licenses they may have, and can never handle or be in proximity to a weapon or ammunition again for the rest of their lives.
We are often asked what is traumatic brain injury, or TBI? Many people have been hit in the head, knocked unconscious, or suffered mild concussions without any apparent permanent damage. So why is TBI such a serious problem and how is it differentiated from the normal hard knocks of a lifetime? The National Institute of Neurological Disorders and Stroke provides the following summary:
Traumatic brain injury (TBI) can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. TBI symptoms may be mild, moderate, or severe, depending on the extent of the damage to the brain, but with closed-head injuries the extent of brain damage is probably not immediately apparent.
With mild TBI the patient may remain conscious or experience a loss of consciousness for a few seconds or minutes, fading in and out of awareness. Other symptoms include headache, confusion, light-headedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.
With moderate or severe TBI these same symptoms may be present but the individual may also have a headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation. Dilation of one or both pupils of the eyes is one of the first things medical personnel check for with TBI.
Little can be done to reverse the initial brain damage caused by trauma. Stabilization is critical and prevention of further injury is essential. Primary concerns include insuring proper oxygen supply to the brain and the rest of the body, maintaining adequate blood flow, and controlling blood pressure if there are open wounds and bleeding.
Approximately half of severely head-injured patients will need surgery to remove or repair ruptured blood vessels or contusions (bruised brain tissue). As soon as facilities are available skull and neck X-rays to check for bone fractures or spinal instability are usually done. Computed tomography (CT) and magnetic resonance imaging (MRI) scans are increasingly valuable in evaluating the extent of brain injuries and diagnosing functionality during recovery and rehabilitation.
Long-term prognosis is often not possible during the immediate recovery period. Disabilities resulting from a TBI depend upon the severity of the injury, the location and type of the injury or wound, and the age and general health of the individual.
Moderate to severe TBI often impacts speech and language skills, and wounds may involve the jaw, tongue, vocal cords, or speech centers of the brain itself. Motor skills may also be affected by their wounds and they may stagger when they walk, for example. Convulsions and seizures may also make them appear crazy or drunk in public or private.
Some common disabilities associated with TBI include problems with cognition (thinking, memory, and reasoning), sensory processing (sight, hearing, touch, taste, and smell), communication (expression and understanding), and behavior or mental health (depression, anxiety, personality changes, aggression, acting out, and social inappropriateness). There is also a suggestion that moderate to severe TBI can result in the development of bipolar disorder in some patients. Combat veterans suffering from TBI often have post traumatic stress disorder (PTSD) as well.
Obviously severe TBI can result in a more-or-less permanent vegetative state but those sad cases are beyond the scope of this discussion.
Clearly, within an intimate relationship TBI is going to have many of the characteristics of abusive and violent behavior as defined by radical feminists. And, again, when a wife or girlfriend becomes frightened by the erratic behavior, the seizures, or other symptoms, and dials 911 for help the DV police are going to arrest the soldier or veteran. His often slurred speech, socially inappropriate behavior, and aggression will all be used against him in jail and in court where, typically, he will be denied essential medications.
After a cold and sleepless night, or several, in jail this brain-injured individual will be brought into our notorious Fast Track court without ever being given a chance to see a defense attorney. Then a zealot posing as a prosecutor will demand they enter a plea bargain without any explanation of the consequences of a guilty plea. Should the befuddled defendant sign what often amounts to a death sentence, they will be given a restraining order forbidding them to go home and cast into the street. If they have enough of their senses left to plead not guilty, soldiers are commonly told they will be held in jail until trial six months away.
| EJF Home | Find Help | Help the EJF | Comments? | Get EJF newsletter | Newsletters |
| Domestic Violence Book | DV Site Map | Data tables | DV bibliography | DV index |
| Chapter 4 - Psychological Studies Of Domestic Violence |
| Next — Chapter 5 - Shelters For Battered Women |
| Back — The Change Of Life, Hysterectomies, And Domestic Violence by Charles E. Corry, Ph.D. |
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