Psychological Evaluation of Battered Women Who Kill in Self-Defense: A Review of 34 Cases

Abstract

ABSTRACT Forensic psychological evaluations and expert witness testimony have only been permitted in self-defense cases for the past 30 years, beginning after laws were changed to permit battered women (BW) to protect themselves. These evaluations aid BW in negotiating pleas or arguing self-defense during trial, with varying degrees of success. This exploratory study analyzes data collected from cases of 34 women who killed in self-defense or who failed to protect their children from their battering partner, resulting in a murder charge. Batteries involved in forensic evaluations are described and case data for 12 women are provided. Further, risk assessment tools are described including an analysis of the Danger Assessment (DA), applied retrospectively (n = 26), supporting the validity of the women’s self-defense arguments. The presence of other historical risk factors of intimate partner violence (IPV) were assessed using the Adverse Childhood Experiences (ACE) questionnaire (n = 27) and the Battered Woman Syndrome Questionnaire (BWSQ) described in Millen et al. (2019). Many of the women in this dataset present as ‘other than’ in terms of their skin color or lifestyle (i.e., lesbians, substance users, sex workers, failure to protect children) is inconsistent with the cultural norm of their community. Responses obtained on administered assessments suggest examinees were at significant risk of experiencing intimate partner homicide (IPH). Despite these data and expert witness testimony provided, when IPV survivors commit crimes due to duress or violence they more likely to be viewed as criminals or murderers are less likely to be seen as survivors.