Foxxy, show some love to little bro. At least he didn’t win those two SBs at age 40+ on one leg with a punctured lung.
To me, one of the most interesting facets of the Rice case, not discussed at all as far as I can see, is what distinguishes domestic violence from other forms of assault, and how punishment is or should be affected by the difference. It seems to me that there are two key aspects of DV that distinguish it as a special class of assault: 1) that the perpetrator and victim have an intimate relationship; and 2) that usually (though not always) the perpetrator is male and the victim is female.
Let’s consider how each of these characteristics affects how it’s viewed. First, imagine the situation if the first criterion was not fulfilled, i.e., Rice and Palmer were not lovers or significant others or even close friends. For example, they might have encountered each other when one or both was with a partner, got into an argument, then a fight, and Rice clocked her. It would be assault, but not DV.
How would this affect the punishment? From a legal point of view, Rice would probably be in much more trouble than he actually is. Palmer came to his defense, refused to press charges, because she wanted to protect their relationship. If there had been no prior relationship at all, she likely would have pressed charges, and maybe sued for damages.
OTOH, Rice might have fared better with the NFL in this scenario. He would have been suspended, and if he went to jail, he might have lost a lot of playing time. Other players would have severely criticized him for hitting a woman. But given that it wasn't DV, if the injuries were not severe, I'm not so sure the team would have fired him. Since they didn't know each other, this would be a one-time shot, whereas in an intimate relationship, the two see each other constantly, and there is the presumption that the anger and conflict will return.
Now imagine a scenario which doesn’t satisfy the second criterion. In this case, the perp and victim are intimate, but not of opposite sex. IOW, a gay relationship. Suppose, e.g., Michael Sam and his partner got into a fight, and Sam knocked him unconscious. This fits the definition of domestic violence, but legally, Sam would be in a much stronger position than Rice was. Sam could argue that he didn’t throw the first punch, that he was only trying to defend himself, that his partner was as much or more responsible for what happened. All these points might have been true for Rice as well, but they don’t help him because a woman is considered physically at a disadvantage and less capable of defending herself.
But conversely, Sam in this situation I think would be in worse shape with the NFL than if he knocked out a woman he was not intimate with. Because in this case it was DV, a substantial suspension would be almost mandatory. If Sam’s partner fared worse in the end, Sam would have to bear responsibility for this. At the very least, it would be very interesting to see how a case like this proceeded.