Battered Woman Syndrome Research Paper

According to The Centers for Disease Control and Prevention and The National Institute of Justice, one in four women in the United States has experienced domestic violence during her lifetime (Battered Woman Syndrome, 2012). This type of abuse can be fatal and detrimental to one’s personal growth. When woman are repeatedly abused, they show different signs, symptoms and general characteristics. These characteristics are defined as Battered Woman Syndrome.

Tanya Mitchell frantically called 911 to report a shooting-a shooting she committed. In an act of self-defense against her abusive husband who, at the time, was threatening to kill her, she did what she had to do to save her own life. From her reports, her husband was not only abusive, but that he gave men in his “motorcycle club” permission to gang rape her-while he watched. Specific example of his sadistic abuse include him telling her they were going to get married while holding her at gunpoint, making her play Russian roulette, and even trying to rip off her nails. Her attorneys were going to use Battered Woman Syndrome (to take her psychological health based off of her abuse) as a factor in the case but were not confident it would

The report responding to section 40507 of the Violence Against Women Act from the U.S. Department of Justice Office of Justice Programs, National Institute of Justice, and the U.S. Department of Health and Human Services- National Institute of Mental Health determined that:

To discuss the role of the battered women’s syndrome in relation to how characteristics of a victim affect legal decision-making it is important to define what battered women’s syndrome is. Battered women’s syndrome is the array of physical and

The laws of BDS are kind of confusing. In many states is now recognizable in legislation

In this analysis, I will attempt to cover the basis of Battered Women’s Syndrome as a legal defense. This will cover the historical context of Battered Women’s Syndrome as a legal defense, which will of course require a brief review of what battered women’s syndrome is by using experts in the field, usually psychologists. When reviewing the historical context of such a subversive topic, it is essential to the structure that we look at actual cases involving battered women such as abuse being reported and cases that have actually been brought to trial as well as the ending verdicts as the factors that may have caused the outcome. We must also look at different cases as to which the defense was used, such as situations where a battered women’s husband was sleeping, or any other relative situation as to which there was question of the imminence of a threat.

Violence against women is a substantial public health problem in the United States. According to data from the criminal justice system, hospital, and medical records, mental health records, social services, and surveys, thousands of women are injured or killed each year as a result of violence, many by someone they are involved with or were involved with intimately. Nearly one-third of female homicide victims are killed by an intimate partner (Federal Bureau of Investigation 2001). Throughout this, many will read about intimate partner violence also called

Domestic violence is an epidemic in our society with dramatic, negative effects on individuals, families and communities. Domestic violence is a crime that knows no economic, racial, ethnic, religious, age or gender limits. Women who are victims of domestic violence most likely are also victims of sexual assault and, stalking. A domestic violence victim may experience systematic rape in addition to physical and psychological abuse. According to Backman, (p.54) nearly one in every four women are beaten or raped by a partner during adulthood. Three women are killed by a current or former intimate partner each day in America, on average women are at an increased risk of harm shortly after separation from an abusive partner.

The controversial concept of Battered Woman Syndrome (BWS) is a psychological theory that aims to explain the behavior of certain women who suffer abuse from their husbands, partners, or significant others. The theory was first proposed and introduced by Dr. Lenore Walker in the 1970’s based on her clinical observations. It then quickly became a common way to validate criminal behavior of women who were charged with the murder of their partner, however since the syndrome wasn’t confirmed through scientific research as a real disorder, it didn’t enjoy widespread support from the forensic psychologist’s community.

“Domestic violence is a type of abuse by one or both partners in marriage, friends, family, dating or cohabitation” (Aziz & Mahmoud, 2010). There are many forms of abuse from verbal and emotional to physical that often escalates over time in intensity for the victim. Data from the criminal justice system, hospital patient medical records and mental health records, police reports, surveys and social services reports of thousands of women revealed that many are injured and killed as a result of violence from someone close to them. “The US Office on Violence Against Women (OVW) defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner regardless of race, age, sexual orientation, religion, or gender” (Robertson & Murachver, 2009). Researchers and the criminal justice system have not been able to agree on a clear definition to domestic violence which can range from physical injury, stalking, verbal abuse and humiliation, denial of shelter and access to money, and intimidation through aggressive behaviors. The definition of domestic violence may vary but the results from physical injury, mental and emotional trauma, and sometimes even death can last a life time.

Even though Battered Person/Women Syndrome is now more of an accepted argument in a court of law because of it the result of a great deal of psychological abuse and stress, there is still controversy surrounding it. Because of this, the legal definition of battered person syndrome relates to the Oakes Test because of limiting interpretation within the Criminal Code. Which further causes an “overriding [of] a constitutionally protected right or freedom.” Simon Fraser University, n.d.) In other words, because Section 718.2a through e of the Criminal Code - R.S.C., 1985, c. C-46 completely ignores whether or not the offender themselves were abused for months or even years on end before they committed an offence, therefore it not only puts on

Walker further expanded Martin Seligman’s idea of the 60s that the women stayed with their abusers because of learned helplessness. Seligman’s experiment with dogs showed that as a result of conditioning, a creature would eventually not react because they find that there is no way to avoid pain. Walker explained that just as the dogs refused to jump after a point, the battered women eventually figured that beating was unavoidable and there was no way to escape it. In the beginning, they think that by changing their behavior or actions, they can put an end to the beatings. When this solution does not work after a while, they tend to become passive and can find no other alternatives to save themselves.

The Battered Women Syndrome is a series of characteristics in women who are physically and psychologically abused by an important dominant male in their lives. These women learn helplessness and dependency; sometimes these characteristics originate from childhood. According to Dr. Lenore E. Walker, a woman must experience two cycles, before she can be labeled a “battered woman”. The two cycles are called the “cycle of violence”. This cycle leads to the feeling that the abuse will never stop. It almost becomes natural. Sometimes the relationships will be calm, and the abuser will apologize for what happened. This part is called the “honeymoon cycle”, but at other points in the cycle the tension and

According to statistics found by the National Coalition Against Domestic Violence, Every nine seconds a woman is abused by her husband or intimate partner. At least 1 in every 4 women and 1 in every 9 men have been beaten, coerced into sex or otherwise abused in their lifetime. Most often the abuser is one of their own family. Domestic violence is a problem that somehow affects every one of us in this room at some time and is actually the leading cause of injury to women -- more than car accidents, muggings and rapes combined.

Domestic violence has been a main issue throughout history and all over the world; it can evidentially affect children, the elderly, women, and even men. Although abuse can affect many individuals, a significant portion of domestic abuse cases are against women. Globally, women are constantly facing physical, social and mental abuse by men and/or their significant others. In past years, the issue of domestic violence has gained the attention of researchers. In fact, studies have shown that it is a global issue negatively impacting the social and health status of individuals, particularly women. A survey of domestic abuse in Canada signifies that 29% of married women have been abused by their partners at least once (Nwosu, 2006). Many argue