Battered Woman Syndrome in the Courts

Abstract

AbstractThe definition, validity, and applicability of the Battered Woman Syndrome to legal cases were reviewed to determine the current status and meaningfulness of this concept for battered women's cases. In light of definitional problems and research investigating factors considered markers of this syndrome, the Battered Woman Syndrome appears unsupportable as a true syndrome or as a well‐defined and validated concept. The usefulness of this syndrome for court cases is considered along the following issues: problems with syndrome evidence in general, problems with placing this syndrome within the context of legal defenses of justification vs. excuse, problems with clarifying the uses of and purposes for the syndrome in these cases, and potential negative effects of introducing the Battered Woman Syndrome as it currently is conceptualized. The article addresses whether applying Battered Woman Syndrome to battered women defendants is a questionable practice both in terms of its validity and its direct links to legal concepts. While commentators generally conclude that the Battered Woman Syndrome is not a valid or useful concept, research data concerning battered women is still potentially applicable to inform aspects of battered women's cases. Examples of the usefulness of research about battered women for court cases are given. Ideas for assessment of battered women in reference to mental status issues in these cases were provided.