Family fights to strike down law that blames victim for provoking violence

A man who stabbed his girlfriend to death has successfully argued that she provoked the attack, sparking outrage and concern from those who view a rarely used legal defence as the ultimate form of victim blaming.

Suarez Noa, 38, stabbed Tania Cowell eleven times in front of their infant son, Bailun, in 2013. He was charged with second-degree murder, but was found guilty of manslaughter after ultimately convincing a jury that Cowell provoked the fatal attack by threatening to leave him and keep their young son.

Family members were stunned by the lesser conviction.

“My heart dropped,” said Tania’s sister-in-law, Julie Cowell. “We never thought for a second that it would go any other way than second-degree murder.”

The jury reached its decision on the basis of a controversial defence called the law of provocation.

“You’re telling me that there’s an excuse to murder you because she spoke words to you?” Cowell questioned. “Walk out the door.”

Attorney Ari Goldkind said the law of provocation is rarely successful in court.

“This is an extremely rare defence,” he said. “It’s extremely rare to have a judge even allow a jury to hear it…It’s very difficult to prove provocation.”

There are fears that the ruling sends a dangerous message.

“We were outraged that this is still continuing and woman are still being blamed. The message it sends to abusers is that you can get away with murder,” said Natasha Dobler, Women Abuse Working Group.

Bailun was adopted by his aunt and uncle, who are now on a mission to strike the law of provocation from the books.

“This is about what is right and what is wrong. And this is wrong,” said Cowell.

Goldkind understands that concern.

“The idea that you have some licence or some degree of leniency because somebody insults you or says something horrible to you, that you can take another life…that causes a lot of people concern.”

Noa will be sentenced next month. Had he been convicted of second-degree murder he would have faced a minimum of life in prison.

Manslaughter carries no minimum sentence.