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Law and Justice in Real Time sarah.stoess

Oscar Pistorius: Perceptions of Disability and Masculinity

Now that you all already know the main facts of the Oscar Pistorius’ case — that he fatally shot his girlfriend, Reeva Steenkamp, on February 14, 2013, in the bathroom of his estate in Pretoria, South Africa – and especially now that the sentence has changed, I thought that I would delve deeper into Oscar Pistorius’ intent on murdering his girlfriend, Reeva Steenkamp. I think that we can all agree that Oscar Pistorius shot through the bathroom of his estate four times and that his girlfriend ended up dead because of it; however, there has been some controversy over whether the homicide was pre-meditated, with him knowing full well that his girlfriend was in the bathroom, or if it was accidental, with him thinking that an intruder was in the house, just chilling out in the bathroom with the door shut. It is completely possible that an intruder could have been in the house that night, given the high crime rate, especially in gated communities. The following image states the order of events that happened the night of the shooting.

Source: National Post, http://www.michelleniniblog.com/wp-content/uploads/2013/05/reeva-steenkamp-4.jpg
Source: National Post, http://www.michelleniniblog.com/wp-content/uploads/2013/05/reeva-steenkamp-4.jpg

From here on out, I am going to assume that his testimony of what happened that night was completely truthful. However, regardless of whether he thought that he was shooting an intruder or if he thought that he was shooting Reeva Steenkamp, his intentions were the same. There was no way that he could shoot a person four times through a small bathroom with nowhere to go and not kill them. However, the act of grabbing a gun when he heard sounds coming from the bathroom was likely the result of the fact that he was disabled and was more likely to experience fear and feel that his life was being threatened.

Q: Is the fact that Oscar Pistorius is disabled an excuse for him to kill his girlfriend? Are there any excuses for him for shooting Reeva Steenkamp?

No, even though disabled people feel more threatened than able-bodied individuals due to the fact that when they are in high-stress situations, they are less mobile and less likely to get out of the situation, just because he does not have the bottom half of his legs is no excuse to committing murder. He still has two working eyes and he could see if his girlfriend was in bed with him before shooting up a bathroom door.

It is also believed that Pistorius’ disability led him to feel emasculated, because disability is often considered feminine. He used women, sports, and guns to develop his masculinity. He was involved in relationships with attractive blonde women to satisfy any inadequacies in his life. He probably engaged in younger, thin, blonde women thinking that they would be insecure and that he could diminish his insecurities by controlling them and being the “man” in the relationship.

The Most Important Question: Did the emasculation from his disability cause Oscar Pistorius to shoot Reeva Steenkamp?

Q: If you were in the same situation as Oscar Pistorius, would you do the same thing that he did? Why or why not?

Personally, I would not have done what he did. First, I would have looked to see if my significant other was still in bed and then when I saw that she was not in bed, I would have just assumed that it was her in the bathroom and gone back to sleep.

 

References:

Abrahams, N., Jewkes, R., & Matthews, S. (2010). Guns and Gender-Based Violence in South Africa. South African Medical Journal, 100 (9), 586-588. Retrieved from http://www.samj.org.za/index.php/samj/index

Breetzke, G. D., & Cohn, E. G. (2013). Burglary in Gated Communities: An Empirical Analysis Using Routine Activities Theory. International Criminal Justice Review, 23 (1), 56-74. DOI: 10.1177/1057567713476887

Cherney, J. L., & Lindemann, K. (2014). Queering Street: Homosociality, Masculinity, and Disability in Friday Night Lights. Western Journal of Communication, 78 (1), 1-21. DOI: 10.1080/10570314.2013.792388

Hickey-Moody, A. (2015). Carbon Fibre Masculinity: Disability and Surfaces of Homosociality. Journal of the Theoretical Humanities, 20 (1), 1-17. http://dx.doi.org/10.1080/0969725X.2015.000000

Onishi, N. (2015, December 3). Oscar Pistorius Guilty in Murder of Reeva Steenkamp, Appeals Court Rules. The New York Times. Retrieved from http://www.nytimes.com/2015/12/04/world/africa/oscar-pistorius.html?_r=0

(2014). Oscar Pistorius Trial: Evidence. BBC News. Retrieved from http://www.bbc.com/news/world-africa-26417240

The Rich White Man’s Burden: House Arrest In a Mansion

Many people know Oscar Pistorius as the first double leg amputee to perform at the Olympics. However, on February 14, 2013, Pistorius fatally shot his girlfriend, Reeva Steenkamp, in the bathroom of his estate in Pretoria, South Africa. There has been some controversy over whether Pistorius knew that Steenkamp was in the bathroom, which determines whether this was pre-meditated murder (after a domestic dispute on Valentine’s Day) or if he truly thought that there was an intruder in the house; the location where Steenkamp was sitting/standing/crouching in the bathroom; and whether he took the time to put his prosthetics on or if he was just on his “stumps.” The entirety of the facts of this case will probably never be known, because this all happened in the privacy of his own home.

(Source: memegenerator.net "Paranoid Parrot Oscar Pistorius Meme")
(Source: memegenerator.net “Paranoid Parrot Oscar Pistorius Meme”)

 

 

 

 

 

 

 

 

 

 

During the trial, Oscar Pistorius showed a lot of emotion, including crying, or more like sobbing, as well as puking when he saw a picture of Steenkamp’s remains. However, he also seemed very confident that he would be released and be back on the track shortly.

Q: Were the emotions that Pistorius showed helpful or hurtful in his trial? Was he able to cry because he is an athlete who is confident in his masculinity? Was the perception of his masculinity, or lack thereof, misconstrued by him crying? Did his emotions thwart the outcome of his trial?

This case is very similar to the OJ Simpson case. Both OJ Simpson and Oscar Pistorius were athletes and were both accused of murdering their significant others. Being athletes, they are famous around the world and are also of a higher socioeconomic status. They are also more confident individuals in that they play sports at a highly competitive level. Therefore, they can be seen as dominant to their female significant others, especially with the use of a weapon.

Q: Which social construct is most important in this case: socioeconomic status, race, sexual orientation, or gender, or do all of them work together?

(Source: Times Live http://www.timeslive.co.za/incoming/2014/03/15/roses.png/ALTERNATES/crop_630x432/Roses.png "Pistorius Roses are Red Meme")
(Source: Times Live http://www.timeslive.co.za/incoming/2014/03/15/roses.png/ALTERNATES/crop_630x432/Roses.png “Pistorius Roses are Red Meme”)

After 49 days in trial over a course of seven months, Oscar Pistorius was charged with culpable homicide. Culpable homicide is a lesser sentence than pre-meditated murder in South Africa, which is the rough equivalent of involuntary manslaughter in Anglo-American law, or the unlawful negligent killing of a human being.

Q: Do you think that Oscar Pistorius was charged with culpable homicide because of the fact that he was a well-known athlete? If he was an average human being, do you think that he would have received the same punishment?

Although he was sentenced to five years in prison, since both of his legs are amputated, he is expected to be staying in the hospital wing of the prison while he is in prison, away from most of the other prisoners. South Africa also has a law stating that for sentences of five years or less, you only have to be in prison for one-sixth of the time that you are sentenced; in his case, he is required to stay in prison for 10 months out of the five years that he was sentenced and then he can petition for house arrest for the remainder of the sentence. He was sentenced on October 21, 2014 and released on October 19, 2015 after spending just less than one year in prison and will now spend the next four years on house arrest at his uncle’s mansion (pictured below).

(Source: The Telegraph, 2015, "Oscar Pistorius will live in luxury after his release under house arrest")
(Source: The Telegraph, 2015, “Oscar Pistorius will live in luxury after his release under house arrest”)

I chose to discuss Oscar Pistorius’ murder case, because he was just released from prison last week and is now on house arrest. Also, this case encompasses race, class, gender, and privacy. Steenkamp is a victim of homicide as a result of her being in a heterosexual relationship with Pistorius. Regardless of whether the act was purposeful or accidental, Steenkamp would not have died that night if she was not in a relationship with Pistorius. Although Steenkamp was a white victim, Pistorius, as a white man, did not receive as harsh of a sentence, in my opinion, as a black man would have received. However, Pistorius’ fame and social class also contributed to the lenient sentencing. A person living in a poverty also would not have received the same sentencing as Pistorius had. Finally, the fact that Pistorius did this in his own home and that there were no reliable witnesses, also contributed to this being sort of up in the air, not knowing the whole truth about the sequence of events that happened that night.

Q: Do you think that Pistorius’ lessened sentence (culpable homicide vs. murder) as well as the fact that he was released from prison to be sentenced to house arrest in a mansion devalues the life of Reeva Steenkamp? Should Pistorius be required to compensate the Steenkamp family for what he did?

 

Sources:

(2015). Q&A: What House Arrest Means For Oscar Pistorius. Sky News. Retrieved from http://news.sky.com/story/1572812/q-and-a-what-house-arrest-means-for-oscar-pistorius

(2014). Oscar Pistorius Trial: Evidence. BBC News. Retrieved from http://www.bbc.com/news/world-africa-26417240

Phipps, C. (2014). Oscar Pistorius Trial: The Full Story, Day By Day. The Guardian. Retrieved from http://www.theguardian.com/world/2014/oct/21/oscar-pistorius-trial-full-story-reeva-steenkamp