The Legal Liminality Of Battered Women Who Kill Their Abusers

Abstract

A 45‐year‐old Southern California woman is behind bars today because she was convicted of killing her abusive husband, entering prison in 1985 to serve a 15 years‐to‐life, first‐degree, murder sentence. She says that during an 11‐year, off‐and‐on relationship that led to marriage in 1982, her husband repeatedly beat her, broke her ribs and jaw, kicked and stabbed her. She left him numerous times, had obtained a restraining order and contacted a battered women's shelter. Yet, as is common in battering relationships, she often reconciled with her mate. Shortly after another reunion, she was beaten for the last time. After her husband fell asleep, she shattered his skull with an empty wine bottle and stabbed him. She testified at her trial that she had been abused, but no expert witness on battered woman syndrome was called. Her attorney in 1984 thought that it could have hurt her case by suggesting a reason for the killing. Now in prison, she has appealed for clemency from the governor and is backed by a coalition of more than 150 attorneys and advocates who helped prepare clemency petitions.