Failure to Protect? More Like Failure to be Protected

too often are mothers persecuted for not fulfilling their duty while male aggression is justified -- being deemed unfit, cruel, all based off a drafted expectation of how they should respond.

The haunting case of Jeremiah Ryder Johnson's death, a toddler abused by his mother's boyfriend, raises question to Oklahoma's disputed "Failure to Protect" Law. While established to criminalize those aware but neglect potential dangers to a child, it may be misused to target women with aggressive partners, such as Rebecca Hogue, Ryder's heartbroken mother grieving in prison.

Working 12-hour shifts, Hogue often left her son in the care of her boyfriend, Cristopher Trent. Little did she know her son received little care, but rather violence, bluntly and brutally. Seeing bruises constantly appear on little Ryder's body, she took photos and interrogated Trent, but little progress was made. Gaslighted and reassured, she continued to place him in his care, until Ryder was pronounced dead on New Years Day 2020, by "blunt force trauma." In pure panic, she reached out to Trent, who just four days later, committed suicide in the woods. Leaving a carving in a nearby tree, "Rebecca is innocent," the nearly movie-like case was brought to court, and Rebecca was set to take the fall.

While some maintain Hogue is an irresponsible mother who chose an abusive boyfriend over her son, others argue she may have been subjected to violence herself, and that she is a heartbroken mother, in grief. Regardless of public debate, the court ruled three days ago, that she shall serve 16 months in prison, instead of the suggested life-time sentence.

Could Hogue have known that her son was under abuse? Could she have suspected that she was living with and trusting a potential murderer? This tragedy, in hindsight, seems somewhat preventable. But even so, is it fair to sentence a mournful mother to prison when her boyfriend was the true perpetrator? These questions shed light on what justice truly means, for little Ryder and for the countless children who have suffered domestic abuse. In cases impossible to deduct a right-and-wrong truth, what does this justice cost for their families?

Under the "Failure to Protect Law," at least 28 mothers in the US were charged with their partner's offenses in 2014 (BBC.) One of the most notable was Tondalao Hall, sentenced to 30 years in prison while her abusive boyfriend served 2.

Hall was 19 when she realized her 3-month-old daughter had a broken femur while her 1-year-old son had 12 broken ribs. Their critical injuries were caused by her boyfriend since 16, Robert Baxton Jr., who resented being the stay-at-home dad while she sustained the family. He repeatedly assaulted Hall, claiming "if you put yourself in a man's position, then you deserve to be hit." A victim herself, and not being the primary care-giver, , Hall maintains she was clueless to their suffering. However, she was saving up and plotting to leave Baxton, bringing her children along to escape the abusive household. Her plan was never realized, and her children grew up without her -- all due the "Failure to Protect Law." This leads us to wonder, who is there to protect mothers who are victims themselves, unaware or unable to report danger?

While it is easy for the jury to deem their lack of informing authorities as negligence, the truth is many are fearful having officials involved will escalate danger. Many, themselves, are victims are such abuse. There is not one standard for protection, and not one universal judgement of motherhood. Yes, motherhood, because too often are mothers persecuted for not fulfilling their duty while male aggression is justified -- being deemed unfit, cruel, all based off a drafted expectation of how they should respond. The system should protect children, but that also means holding the true offenders accountable. Or else, the vulnerable will continue to be harmed, while those who could have saved them are placed behind bars.

Fair, moral judgement means taking into consideration the risks that exist in an abusive family, and the twisted power dynamic that brewed the violence. It means not tossing blame on survivors, but instead analyzing every case comprehensively. Only then can we achieve justice, for those who've been hurt, and those who have lost.

Citations

Levinson-King, Robin. “Her Boyfriend Killed Her Son but She Went to Jail.” BBC News, BBC, 12 Feb. 2022, https://www.bbc.com/news/world-us-canada-60326621.

“Who's Failing Whom? A Critical Look at Failure-to-Protect Laws.” NYU Law Review, 25 Sept. 2018, https://www.nyulawreview.org/issues/volume-76-number-1/whos-failing-whom-a-critical-look-at-failure-to-protect-laws/.

“Rebecca Hogue: Mother Jailed for 16 Months after Boyfriend Killed Son.” BBC News, BBC, 12 Feb. 2022, https://www.bbc.com/news/world-us-canada-60356725.

Alfonsi, Sharyn. “Failure to Protect: How an Oklahoma Child Abuse Law Treats Women Differently than Men.” CBS News, CBS Interactive, https://www.cbsnews.com/news/failure-to-protect-oklahoma-child-abuse-law-60-minutes-2020-06-07/.

Talley, Tim. “Group Takes Aim at Oklahoma's Failure-to-Protect Law.” AP NEWS, Associated Press, 29 Sept. 2018, https://apnews.com/article/45a6f24af72c4750ac141f3fe10b3bc9.