PUNISH HER? PUNISH HIM:

Was Tiger a Victim?: If the golf star is a victim of domestic abuse, then his wife should face jail time—as a man would. (Wendy Murphy, 11/30/09, Daily Beast)

If Woods' wife committed a crime—again it’s a big if; their lack of cooperation with police force us to play the hypothetical game—Tiger can't play the "privacy" card. As an eyewitness to a crime, he would be just as obligated to talk to police as an eyewitness to bank robbery because, simply put, law enforcement has a right to "everyman's evidence." If he refuses to cooperate, he could be subpoenaed to testify under oath—and he couldn’t assert his Fifth Amendment right to remain silent because it would be his wife, not he, who faces criminal charges. Under Florida law, the "spousal privilege" wouldn’t apply because it contains a broad exception for crimes against "the person or property of the other spouse." Which means, if he didn’t answer, he could be held in contempt. And if he lied, he could face perjury charges.

Even if Woods managed to avoid directly implicating his wife in a crime, there's apt to be plenty of forensic evidence. "Malicious destruction of property" could probably be proved without Tiger's testimony. And prosecutors could use hospital records as hearsay evidence to prove the domestic-violence charge. If Tiger told the doctors that his wife attacked him, they could testify to what he said—and then use the medical records to establish the severity of his injuries. According to TMZ.com, a subpoena for Tiger's medical records has already gone out.

Of course, even if it turns out to be a case of domestic abuse, criminal prosecution is unlikely in a case of domestic violence involving a female against a male, particularly when the male is Tiger Woods. If we cared a little more about spousal abuse and a little less about celebrity, such a hypothetical would be resolved fairly and openly.

The issue is his adultery, not her response.

Posted by Orrin Judd at December 1, 2009 7:00 AM