- Oct 17, 2011
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Not Every Man Will Be As Dumb As Marcus Silva
This controlling behavior didn’t stop during the divorce proceedings. Before she moved out, Silva went digging through Brittni’s phone and purse, and discovered that she was pregnant and seeking an abortion. Her two best friends, Amy and Jackie, had allegedly offered to help her get abortion pills. Silva got in touch with Jonathan Mitchell, the architect of Texas’ bounty-hunter abortion ban, who helped Silva file a lawsuit. It made a rather extraordinary claim: He sued his ex-wife’s two friends for wrongful death, demanding $1 million from each, claiming that the terminated pregnancy was a child, his child, and that they had caused its “murder.”
Silva is not the first man to use the courts to further his alleged abuse of a woman who was trying to escape his control. Domestic violence experts have coined the term “litigation abuse” to describe the tactic of using protracted, frivolous, and repeated lawsuits, unnecessary motions, and invasive, harassing discovery demands as a means of prolonging contact with victims and inflicting further distress and expense on them. Frequently, abusive litigation is pursued in the aftermath of a victim’s successful attempt to leave the relationship. It has the effect of maintaining the abuser’s control, and of punishing the victim for trying to escape it. This is exactly the strategy Silva deployed.
Now, with abortion bans on the books, abusers have a powerful new ally in their quest to inflict suffering, isolation, and private control over women: the state.
It was only after Brittni’s abortion was complete that Silva revealed he knew about the plan and, according to the lawsuit, threatened to turn her in if she didn’t submit to his continued abuse.
What happens now to Silva? While nothing that Brittni, Jackie, or Amy did was illegal, his own alleged conduct most assuredly was. According to the counterclaim, he repeatedly accessed Brittni’s password-protected phone without her consent, reading messages between the women that were meant to be private. Under Texas law, that’s an actionable invasion of privacy. Silva’s alleged snooping also violates Texas’ Harmful Access by Computer Act, which prohibits unauthorized access of any computer (including a smartphone). By showing photographs of Brittni’s text messages to the police, Silva inadvertently “admitted that he committed a crime in violation of Texas Penal Code.”
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