Battered Women 's Syndrome As A Legal Defense

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

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 battered woman defense is a defense that is used in court to defend assault/murder charges where the defendant is abused and commits a offence under duress or necessity. It is mainly used by women and also referred to as the battered woman syndrome/battered wife syndrome.

The battered woman syndrome turned out to be recognized in Canadian courts in the verdict made in R. v. Lavallee. In the case, the Supreme Court of Canada recognized the battered woman syndrome inside the circumstances of spousal homicide. Before Lavallee in 1990, the legal prerequisites for self-defense in conjunction with the legal exploit of the phrase ordinary man to decide reasonableness failed to consider disparities in size and strength amid males and females plus the truth that battered women have encountered constant violence.

(Battered Woman's Syndrome). If it is confusing because BWS is not a legal defense but the

At least a third of all women murdered in the U.S are killed by their male partner. Although both men and women can fall victim to “Battered Person Syndrome”, so many women have been diagnosed with this disease that females were given their own branch from the diagnosis called “Battered Woman Syndrome”. Battered Woman Syndrome a.k.a BWS is a psychological and physical condition of a woman who has suffered extreme physical, emotional, or sexual abuse from another person (Battered person syndrome). BWS is a mental disorder commonly paired with post-traumatic stress disorder (PTSD). This psychological disorder is one of the many reasons why women feel as though they cannot leave their current situation with their abuser. Due to this, many battered

Over the course of this semester we have studied many different subjects of criminal law. I found that our studies on assault, battery, and other crimes against the person to be the most interesting. To me this subject was the most compelling because I was unaware of many of the requirements that constitutes assault, battery, kidnapping, etc. I also found it interesting because this particular subject was relevant and useful for Business Law, a class I am enrolled in at my high school. In Business Law, we were to participate in a mock trial of a woman who claimed to shoot her husband because of Battered Woman Syndrome. I was the expert witness for Battered Woman Syndrome in this trial. This class and the subject discussed Battered Woman Syndrome, which lead me to be an educated on this topic. Between studying this subject and taking part in the mock trial I have gained an interest for these particular crimes and, especially, Battered Woman Syndrome.

In order for the Battered Woman Syndrome claim to be used expert testimony is essential. This is needed in order to give matter to the argument that justifies what the woman did. It is also needed because there needs to be an explanation of the Syndrome to juries, in away they can understand. Learned helplessness and other scientific knowledge need to be explained in order for the jury to understand. To understand what the woman is going through, what she was thinking at the time she committed the crime, and that she did it (murder her abuser) it because she honestly felt that it was the only solution in getting the “cycle of violence”. First, the women must show that she is able to prove either through her own testimony or through the testimony of other witnesses that she is a “battered woman”. She must then provide proof that the expert who she has chosen is qualified in the field. Some think that the defense based on Battered Woman Syndrome is an insanity defense, because of the experts who are brought in to explain the characteristics of the syndrome, psychologists or psychiatrists. Also because the word “syndrome” is often used to describe mental illnesses. “First her husband, now the courts”, is what one of the signs read at a march during

I would like to shed a little light about the pattern of abuse that many women suffer through, it’s called “battered-woman syndrome” and is explained in our text “in terms of frequency – how many times he beats on her, severity – how bad each beating is, intent to harm- maliciously beating her until he severely hurts her and the ability to demonstrate injury” (Schwartz & Scott, 2012). Battering that causes a woman to be put in the hospital or sent to the emergency room would be considered as severe battering. Other forms of battering such as pushing, slapping, shoving and throwing things wouldn’t be classified as severe, but is still battering nonetheless (Schwartz & Scott, 2012).

Battered women’s syndrome is a mental disorder or psychological paralysis that occurs in many different households worldwide. Battered Women’s Syndrome is more common in abusive relationships with intimate partners, it can also be caused by being abused as a child or seeing abuse around you. The major causes of abuse is alcohol or stress.

During the 1800’s domestic violence against women was acceptable behavior unless it was life threatening. There was a widespread belief among ordinary people, male and female, and that it was every man’s “right” to beat his wife so long as it was to “correct her” if she did anything to annoy him or refused to obey his orders. The editor of the Hull Packet stated that “Wife-beating being accepted as the habit of the nation (Wojtczak 2009)”. Women were raised to believe that they “deserved” a certain amount of violence against their wives. Women that tried to take their husbands to court in order to stop the domestic violence was viewed as a challenge to his authority that violates her role as the submissive wife. In court the man would be fined or sent to prison. By the man being sent to prison, his dependents lost their only means of subsistence. So, wives could not report the abuse. Domestic violence is a deviant behavior because it is a significant social problem. “According to national surveys, approximately 11% to 14% of married women in the U.S. are victims of domestic violence each year and the prevalence of domestic violence among young couples is approximately double that of the general population (Jourile n.d.)”. Women who experience domestic violence report higher levels of physical injury, depression, and trauma symptoms compared to women who do not.

This challenge illuminates that a woman is less than a man and needs special treatment in order to be on the same level as him. By using this platform as a plea for self-defense the woman is falling into a submissive role. She exhibit an ignorance in how to state her case and defend herself against the penalties that come with murder. Battered Women Syndrome shows that the woman cannot articulate her case clearly and concisely for the jury to understand. As a result she must rely and chooses to rely on the crutch of Battered Women Syndrome. This challenge is also saying that just because a female can commit the act does not mean she can handle the consequences like a man

Interpersonal violence against perceived or a real weaker partner is a widespread incident. Sexual violence is a profoundly negative and traumatic life event with widespread psychological and sociological effects on the victim irrespective of their gender. It often gives rise to a wide range of negative emotions, embarrassment, and existential questions such as, “Why me?,” and, “iIf I say something”, will I be believed?” It increases feelings of helplessness and powerlessness in the victim affecting their self- esteem and producing feelings which suggests that they may be vulnerable to further violence. It is likely that the fear of sexual violence in women will restrict their freedom and occupational opportunities and affect their long-term psychological well-being. In short, these types of situations create complete fear which is no way a person should have to live. When police come to a domestic violence scenethe scene of domestic violence it is one person's word against another unless the crime has been witnessed. Even though there are laws to help protect the victim, an adaptation of said laws is used in court to allow the accused to walk free.

Most studies on Gender Based Violence have focused on physical, sexual, and psychological manifestations alone. This dissertation seeks to highlight and draw attention to the types of violence and the socio legal conditions of the victims who has faced domestic violence and the development of women and her family, i.e. Children and health.

This research paper introduces the discussion of legal responses to violence against women. It provides the context for the more detailed examination of those legal issues to which the courts can respond. Its objective is to show the many ways in which violence is relevant to legal disputes, even where it is not the direct issue and even though it is often ignored. First, it discusses examples of different legal remedies that have been, or might usefully be, invoked in cases in which violence is the central issue, the reason for bringing the legal action. The examples illustrate briefly the possible role of areas of law other than criminal or quasi-criminal law. The paper presents