THE MENENDEZ BROTHERS AND THE UNHEARD DEFENSE: EXPLORING IMPERFECT SELF-DEFENSE IN THE SHADOW OF ABUSE

Author: Kendal Pickens, Associate Editor

The Menendez case captured the media’s attention when two wealthy brothers, Erik and Lyle, killed their parents in a heinous way.[i] The murder of Kitty and José Menendez occurred in 1989, and the first trial was in 1993.[ii] The Menendez brothers claimed imperfect self-defense because José allegedly had been sexually assaulting them.[iii] After their first trial ended in a mistrial, the court barred the imperfect self-defense claim in the second trial because Erik’s testimony was the only evidence of the sexual abuse.[iv] After spending almost twenty years in prison, another alleged victim of José came forward,[v] giving the brothers a chance at parole.[vi] If the Menendez brothers had been allowed to claim imperfect self-defense at their second trial, they might not have been sentenced to as many years in prison as they were. 

What is imperfect self-defense? To understand imperfect self-defense, one must first understand self-defense as a legal claim. Self-defense is a legal defense used by defendants who reasonably believed they faced an imminent threat of harm, prompting their own harmful physical response.[vii] The harm the defendant inflicted in self-defense must be reasonable, meaning the harm committed must be proportionate to the danger.[viii] Imperfect self-defense is used in cases where the elements of self-defense cannot be strictly met.[ix] This is either through the person’s lack of reasonableness in believing their life was in danger or a disproportionate amount of force used compared to the threat against them.[x] In the Menendez case, the brothers did genuinely think their lives were in danger, but not reasonably so, according to the court in the second trial.[xi] However, critics argue that since they committed the murders to stop the ongoing sexual abuse as well as fearing their parents were going to kill them, this was a reasonable response to the trauma they faced, and their imperfect self-defense claim should have been allowed.[xii]

The brothers became the subject of widespread mockery after testifying about the abuse in their first trial.[xiii] The public took no pity on the brothers despite the circumstances they went through up until the murders.[xiv] An Innocence Project advocate, Kim Kardashian, believes the Menendez case would have resulted differently if the brothers had been women.[xv] Society not only failed to recognize the brothers as genuine victims of sexual abuse but also dismissed the impact of the long-term abuse.[xvi]

After reviewing Erik Menendez’s testimony, the California Court of Appeals ruled there was insufficient evidence to support the brothers’ belief that the danger from their parents was imminent.[xvii] However, this decision fails to factor in the physiological impact of years of sexual and emotional abuse the brothers endured at the hands of their parents.[xviii] The feeling of being trapped and controlled by their parents led the brothers to believe their parents would inevitably kill them.[xix] The court’s dismissal of their imperfect self-defense claims reflected a societal reluctance during this time to fully recognize that sexual abuse affects boys as well as girls.[xx]  

Society’s reluctance to acknowledge sexual assault in adolescent boys may explain why many men are hesitant to report their experiences.[xxi] Society has gradually become more willing to acknowledge that men can also be victims of sexual abuse.[xxii] Men who experience sexual assault often do not tell others or report the abuse to authorities.[xxiii] Until 1994, there was no “rape of a male” in English law.[xxiv] The brothers were sentenced to life without parole in 1996, just two years after the establishment of this concept.[xxv]

The stigma surrounding male sexual assault even continues today. According to the Center for Disease Control report, one in nine men experience sexual assault, and even fewer come forward.[xxvi] Men who have experienced sexual assaults are more likely to behave more anxiously and angrier in situations.[xxvii] Many choose not to seek help or report the assault because of the stigma surrounding sexual assaults.[xxviii] This could explain why 59% of incarcerated men have experienced sexual abuse as children.[xxix] For a fair evaluation of self-defense claims, it is crucial to recognize the unique dynamics experienced by victims of sexual assault.[xxx] Had the court recognized the Menendez brothers as victims and permitted their use of imperfect self-defense, they likely would have received a less severe sentence.[xxxi]

The Menendez case highlights the complexities of imperfect self-defense and the societal stigmas surrounding male victims of sexual abuse.[xxxii] The brothers’ inability to fully present their defense and the court’s dismissal of their claims of ongoing trauma demonstrate the challenges faced by male survivors seeking justice.[xxxiii] This case not only underscores the need for a deeper understanding of abuse dynamics but also calls for a justice system that is more empathetic to all victims, regardless of gender.[xxxiv] The Menendez brothers’ story serves as a reminder of how the intersection of trauma, stigma, and legal definitions can impact lives.[xxxv] It underlines the importance of continually evolving our legal and societal frameworks to ensure fairness and compassion for all.[xxxvi]

[i] Tim Shelloh, Menendez brothers timeline: A look at the murders, the trials and the effort to free them, NBC NEWS (Updated Nov. 25, 2024, 3:47 PM), https://www.nbcnews.com/news/us-news/menendez-brothers-timeline-trials-murders-free-prison-effort-rcna179362.

[ii] Id.

[iii] Id.  

[iv] Menendez v. Terhune, 422 F.3d 1012, 1029 (9th Cir. 2005).

[v] Jason Kravarik and Elizabeth Wagmeister, The rape claims that tie the Menendez case to Menudo: ‘There might be other victims,’ doc producer says, CNN NEWS (Oct. 25, 2024, 5:30 PM), https://www.cnn.com/2024/10/25/entertainment/menendez-brothers-menudo/index.html.

[vi] Id.  

[vii] United States v. Peterson, 483 F.2d 1222 (D.C. Cir. 1973).

[viii] Id.

[ix] Yiran Zhang, Advocacy of the Imperfect Self-defense Theory for Nondeadly aggressors in U.S. Criminal Law, 11 J. OF EDUC., HUMAN., & SOC. JUS. 323, 329 (2023), https://drpress.org/ojs/index.php/EHSS/article/view/7683/7470.

[x] Id.

[xi] Menendez, supra note iv.

[xii] Kim Kardashian, Personal essay: Kim Kardashian says it’s time for the Menendez brothers to be freed, NBC NEWS (Oct. 3, 2024, 6:15 PM), https://www.nbcnews.com/news/kim-kardashian-free-menendez-brothers-rcna173638.

[xiii] Shelloh, supra note i.

[xiv] Kardashian, supra note xii.

[xv] Id.

[xvi] Cynthia McCormick Hibbert, Why the Menendez brothers’ allegations of sexual abuse are being taken seriously more than three decades after they killed their parents, NORTHEASTERN GLOBAL NEWS (Oct. 22, 2024), https://news.northeastern.edu/2024/10/22/menendez-brothers-abuse/.

[xvii] Menendez, supra note iv, at 1028.

[xviii] Id.

[xix] Hibbert, supra note xvi.

[xx] Id.  

[xxi] John C. Thomas and Jonathan Kopel, Male Victims of Sexual Assault: A Review of the Literature, 13 BEHAV. SCI. (BASEL) 304 (2023), https://pmc.ncbi.nlm.nih.gov/articles/PMC10135558/.

[xxii] Id.

[xxiii] Chad Stiles, Helping men break the stigma of reporting sexual violence, VA NEWS (June 10, 2024), https://news.va.gov/131793/helping-men-stigma-of-reporting-sexual-violence/.

[xxiv] John C. Thomas and Jonathan Kopel, Male Victims of Sexual Assault: A Review of the Literature, 13 BEHAV. SCI. (BASEL) 304 (2023), https://pmc.ncbi.nlm.nih.gov/articles/PMC10135558/ (citing Iain A. McLean, The male victim of sexual assault, 27 BEST PRACT. RES. CLIN. OBSTET. GYNAECOL. 39 (2013)).

[xxv] Emily Shapiro, Menendez brothers timeline: From the 1989 murders to their new fight for freedom, ABC NEWS (November 27, 2024, 1:21 PM), https://abcnews.go.com/US/menendez-brothers-timeline-1989-murders-new-fight-freedom/story?id=116243650.

[xxvi] Thomas, supra note xxi.

[xxvii] Stiles, supra note xxiii.

[xxviii] Id.

[xxix] Thomas, supra note xxi.

[xxx] Hibbert, supra note xvi.

[xxxi] Kardashian, supra note xii.

[xxxii] Hibbert, supra note xvi.

[xxxiii] Stiles, supra note xxiii.

[xxxiv] Hibbert, supra note xvi.

[xxxv] Id.

[xxxvi] Kardashian, supra note xii.