24. Blaming Women For Getting Violently Victimized Has a Long Track Record in America’s Courtrooms
Choate also attacked the victim and her character. He argued that after ensnaring the hitherto innocent Tirrell with her charms and seducing him away from his wife and children, she could have committed suicide. As Choate pointed out, it was common for prostitutes to kill themselves in disgust and despair over their lifestyle and profession. An implied but unstated subtext to the argument pitched by Tirrell’s lawyer was that “fallen women” such as Maria Bickford might be better off dead, anyhow.
That defense lawyer’s argument resonated with the jurors’ cultural mores. At a time of disquiet over the recent proliferation of “fallen women” handing their cards to passersby on city streets, it was easy to convince them that the victim was as morally culpable as her murderer. After Choate delivered a six-hour closing argument, the jury retired to deliberate. It returned two hours later with a not guilty verdict on grounds that Tirrell was unaware of his actions at the time of the killing, and was thus not legally responsible.
