Battered Woman Syndrome Research Articles

When a Battered Victim Kills Their Abuser: The Impact of Child and Expert Testimony on Mock Jurors' Decision-Making.

The present study investigated the effects of child and expert witness testimony on mock jurors' decision-making and perceptions of a case in which a female defendant claimed self-defense as the reason for killing her husband during a domestic dispute. A 3 (expert witness: Battered Woman Syndrome [BWS] vs. Social Agency [SA] vs. No Expert) × 3 (child witness: Age 5 vs. Age 8 vs. no child) between-subject design was used to examine the effects of two different forms of expert testimony and their interaction with the presence of a child witness. Jury-eligible participants (N = 370) were recruited from Amazon Mechanical Turk and a Psychology Undergraduate Student Pool. The mock jurors who were exposed to the BWS expert perceived the defendant as more guilty when an 8-year-old testified compared to when no child testified at all. Furthermore, when the jurors were exposed to the BWS expert, they imposed a harsher sentence on the defendant when an 8-year-old child testified compared to a 5-year-old child or no child testifying. Although the jurors perceived the defendant in the BWS condition as more fearful compared to no expert and the SA condition, this knowledge did not seem to translate into a lighter verdict or sentencing decision. This study aims to provide guidelines for future researchers and legal professionals considering the issue of expert testimony and child witnesses in intimate partner homicides.

Bad, mad or both: A legal history of battered woman syndrome

AbstractThe legal struggle for women's right to self‐defence since the feminist mobilisation against violence in the 1970s reveals the startling history of the briefly expanded, and swiftly foreclosed, strategies for battered women's freedom in the late twentieth century. Voluminous legal scholarship focuses on the uses, promises and shortcomings of battered woman syndrome in the courts. But a historical accounting of the development and legal career of battered woman syndrome is essential to contextualising why this defence strategy took such tenacious root in the courtroom after the feminist self‐defence cases of the 1970s and what was lost in the lurch toward a psychological theory of women's protective violence.

The Submissive Wife: A Study of Stockholm Syndrome and Abuse- Cycle in Meena Kandasamy’s When I Hit You Or, A Portrait Of The Writer As A Young Wife

Stockholm syndrome refers to a psychological phenomenon observed in situations where individuals, typically hostages or victims, develop a deep bond or compassion for their captors or abusers. Scholars describe Stockholm syndrome as a complex emotional response where victims, despite being held against their will, start feeling positive emotions or sympathy for their captors. This paradoxical phenomenon involves hostages expressing admiration or praise for their captors, seemingly irrational given the danger they face. Victims may form emotional attachments and bonds as survival strategies fostering a connection that contradicts the apparent threat posed by their captors. The main aims of the present study are twofold. The first aim is to examine the depiction of submissive wives in the novel When I Hit You: Or A Portrait of a Writer as a Young Wife(2018) written by Meena Kandasamy; and the second, analyzing the wife’s submissiveness and acceptance of her spouse’s abuse through relating it to Stockholm syndrome and through the lens of abuse cycle theory suggested by Lenore Walker's concept of Battered Woman Syndrome (BWS), which encompasses various psychological and behavioral symptoms. The research argues that the acceptance of violence by abused victims, particularly submissive wives, should not be attributed solely to their actions, as there are numerous underlying reasons, social and psychological, for their submissiveness which will be explored thoroughly in this study.

Battered Women Syndrome as a Theoretical Explanation of Domestic Violence

This study delves into the escalating issue of violence against women in Pakistan, focusing on Intimate Partner Violence (IPV) and its profound impact on battered women. They are centered in district Okara. Domestic violence is an important area of investigation for social scientists and an important point of concern in Pakistan. The study used a quantitative research approach, gathering empirical data from 209 responses of women, comprising 105 rural victims and 104 urban women fearing their male partners. The researcher applied purposive sampling and snowball technique to identify the current study participants. Findings reveal a higher prevalence of violence among rural women, particularly those with limited education. The study underscores the psychological and physical toll on victims, manifesting in posttraumatic stress disorder (PTSD), depression, anxiety, and physical injuries. The pervasive atmosphere of fear, where women feel akin to robots, lacking protection and living as prisoners, is illuminated. Additionally, the research explores the potential ramifications for children exposed to such violence. This comprehensive analysis aims to contribute valuable insights to the understanding of IPV dynamics, advocating for targeted interventions to safeguard the well-being of battered women in Pakistan.

Remolding the court: The need for forward‐thinking evidentiary and sentencing practices in domestic violence cases with battered women

AbstractDomestic violence is a danger faced by women across the United States. When a woman suffering from battered woman syndrome (BWS) harms their abuser, they are often left with no defense to criminal liability. At trial, they may rely on expert testimony about BWS, but outdated judicial standards could prevent its admission to the jury. To protect these victims from facing life sentences as punishment for saving themselves, New York enacted the Domestic Violence Survivors Justice Act, which has been proven effective and should be adopted nationwide along with new evidentiary practices.

Self-Defence and Battered Woman Syndrome in a Selected isiXhosa Short Story

The fact that there are continued public reports of abuse and violence against women and young girls in South Africa, and elsewhere in the global village, is enough to underline that gender-based violence (GBV) is profoundly entrenched in social and human settings. Considering this, it stands to reason to recurrently contest this challenge relying on isiXhosa literature, among other mechanisms. In fact, violence against women and young girls has been regarded by several scholars, government and non-governmental organisations, and community members as an international crisis. On account of this, this article critiques how self-defence and battered woman syndrome (BWS) are reproduced in a selected isiXhosa short story titled “Umfazi Akayongqongqo” (A woman is not a punching bag). This short story is recognised herein as a primary source of data, while African feminist theory is applied to uncover the complexities pertaining to self-defence and BWS as they emerge as a direct consequence of prolonged incidents of GBV. The findings and discussions indicate that prolonged occurrences of abuse and violence towards women and young girls have the potential to lead to situations where victims of GBV cannot tolerate it any longer, hence resulting in retaliation, self-defence and BWS. While there are contrasting views concerning self-defence and BWS, particularly within the legal frameworks, this article underlines the necessity to strike a balance between these important social, cultural, and political issues in a bid to reasonably solve the conundrum—GBV. The concluding remarks present possible future scholarly discourses that may be considered in an attempt to address this challenge. For instance, it would be prudent to consider ways to decolonise isiXhosa literary scholarship, focusing on re-evaluating traditional canons, challenging Eurocentric voices and promoting indigenous African knowledge systems (IAKS). By the same token, it would be perceptive to examine how isiXhosa literature mirrors and responds to the legacies of colonialism, including matters related to identity, language, and cultural representation.

APF Gold Medal Award for Impact in Psychology: Lenore E. Walker.

The APF Gold Medal for Impact in Psychology recognizes Lenore E. Walker for her groundbreaking work with a particularly vulnerable population, those with a syndrome she named Battered Woman Syndrome (BWS). Lenore E. Walker's work has had a transformational impact in psychology, in the courts, in public policy, and in the lives of countless women over a period of more than 40 years. BWS is accepted as a criminal defense in federal court and all state courts and may be raised as 'state of mind' for damages in personal injury cases and in family courts. The central tenet of Dr. Walker's contributions is that the victims of trauma from familial and intimate partner violence, abuse, and degradation all share experiencing common trauma symptoms that may need effective trauma-specific assessment and treatment. Her work has impacted the lives of hundreds of thousands of abused women and their families and continues to be used and expanded upon today. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Battered Woman Syndrome: The Iceberg of Domestic Violence

As per its definition, Battered Woman Syndrome (BWS) is an unfortunate clinical condition related to woman’s prolonged and repeated exposure to the domestic violence. Most of the battered women do not ask for help (neither legal protection or therapy due to sustained psychological trauma) because of the children’s safety, and/or unsupportive legal and community services. Sadly, but vast majority of severe domestic violence became highlighted in the courtroom; however, not because of the batterer’s abuse and battery (which often include children) but because that battered woman is accused of killing her partner or caused grievous body injuries to him.

To Kill or to Be Killed: Evaluating the Prospect of Situating Battered Woman Syndrome Within the Kenyan Criminal Law

To Kill or to Be Killed: Evaluating the Prospect of Situating Battered Woman Syndrome Within the Kenyan Criminal Law

Battered Woman Syndrome: A Review from the Perspective of Working Women

Aile içinde veya yakın bir partneri tarafından hırpalanan
 kadınlar maruz kaldıkları kötü muamele sonucunda
 sendrom yaşayabilmektedir. Bu sendrom hırpalanmış
 kadın sendromu olarak ifade edilmiştir. Hırpalanmış
 kadın sendromu kadınların günlük yaşamlarını olumsuz
 yönde etkilemekte, bir işyerinde çalışan kadınlarda ise iş
 yaşamında da olumsuz sonuçlar doğurabilmektedir. Bir
 kadın çalışanın işine odaklanamaması, performansının
 düşmesi, potansiyelini tam olarak ortaya çıkartamaması,
 işyerinden sık sık izin alması gibi durumların yaşanması
 hırpalanmış kadın sendromu sonucu
 gerçekleşebilmektedir. Bu açıdan bakıldığında kadına
 yönelik şiddetin iş yaşamını da etkileyen bir sorun
 olduğu anlaşılmaktadır. Bu durum özellikle toplumsal
 cinsiyete dayalı rol dağılımının olduğu toplumlarda
 kadınların çalışma yaşamında başarısız olacağı
 argümanına kanıt olarak sunulabilmektedir. Oysaki
 kadın çalışanın işyerindeki performansının maruz
 kaldığı şiddet kaynaklı olduğu ortaya konulduğu
 takdirde bu tür yanlış yargıların da önüne geçmek
 mümkün olabilecektir.
 Bu çalışmada sosyolojik ve hukuki temellere dayanan
 hırpalanmış kadın sendromu iş yaşamı açısından ele
 alınmıştır. Çalışmanın amacı hırpalanmış kadın
 sendromuna ilişkin kavramsal bir çerçeve çizerek iş
 yaşamındaki yansımalarına dair bilgi vermektir.
 Çalışmada ayrıca hırpalanan kadın çalışanlar için kurum
 yöneticilerinin alabileceği tedbirlere yönelik bazı
 önerilerde bulunulmuştur.

Self-Defence and Domestic Violence: An Analysis of Turkish Criminal Law Practice

How to assess the criminal liability of the abused woman who kills her abuser while in his sleep or in a state of unconsciousness has become a salient topic of debate in recent years. Although there is a tendency to consider these acts within the context of self-defence with the impact of “the battered woman syndrome” theory and the movement to battle against domestic violence, the debate still persists. Despite some opinions that such acts should be considered self-defence in the Turkish doctrine, the Turkish Courts, for the most part, tend to evaluate them as provocation. According to the Turkish Penal Code, only acts that are a response to occurring attacks or those that are certain to ensue are considered “self-defence.” Domestic violence is not accepted as itself as an attack if it does not meet these conditions. In this study, we will examine how such cases are treated in Turkish law practice in light of three decisions of The Court of Cassation. Prior to the explanations about self-defence and domestic violence, we will provide an overview of how this practice should be interpreted in the context of domestic violence according to the Turkish penal doctrine (I). It is argued that the conditions of self-defence are gender-neutral provisions, indicating they do not take into consideration “the battered woman syndrome” or female victims of domestic violence. This study will also focus on the conditions of self-defence in the Turkish Penal Code and will analyse it in the context of domestic violence (II). Keywords: Violence against women; domestic violence; battered woman syndrome; self-defence; provocation.

The Use of Battered Woman Syndrome in U.S. Criminal Courts.

Although not recognized by any edition of the Diagnostic and Statistical Manual of Mental Disorders, battered woman syndrome (BWS) has been offered as a defense in U.S. criminal courts for several decades. This article reviews examples of criminal cases in which BWS has been used in the United States as well as the implications of BWS for the practice of forensic psychiatry. Historically raised in cases of self-defense, BWS has also been used in criminal defenses involving duress, as well as by prosecutors to explain witness recantations. Case law suggests that expert witness testimony on BWS is often admissible in jurisdictions across the United States, yet its use in criminal defenses has received mixed responses from various courts. We examine limitations on the use of BWS in criminal courts and the potential use of posttraumatic stress disorder as an alternative and more reliable diagnosis in similar legal contexts.

Ending the Cycle of Abuse in Battered Women Defenses.

Intimate partner violence (IPV) is a public health concern, and multiple types of IPV have been described. Women, like men, have various motives for committing intimate partner homicide. This issue of The Journal includes an article reviewing the use of a Battered Woman Syndrome (BWS) defense in American courts. The time was right for a BWS defense a generation ago when there was a lack of understanding of the reasonableness of a woman's action, but not at present. We review the inherent problems of having a gendered law, looking to infanticide acts, as examples. We discuss the validity of BWS considering the DSM and the ICD-10. We explore the role of a forensic psychiatrist in these evaluations, particularly given the lack of a diagnostic, scientific basis for BWS, and consider the similarities with sexually violent predator hearings. In conclusion, we outline considerations for forensic psychiatrists when conducting these examinations. This includes awareness of potential gender bias, recognizing clinical and scientific challenges in the legal diagnosis of BWS, and consideration of the role of posttraumatic stress disorder.

Grave and Sudden Provocation: Revisiting R. v. Ahluwalia – Implementing a New Exception Under Section 300 of the Indian Penal Code and the Defence of the Battered Woman Syndrome

AbstractLenore Walker introduced the concept of battered woman syndrome in the 1970s, which helps explain the psychological state of battered women and why such women face a slow-burn reaction. This article helps explain why battered woman syndrome must be included under the Indian Penal Code, 1860. It is further proposed that the present exception of a grave and sudden provocation be retained, and a new exception of sustained provocation be created under the Indian Penal Code. The inclusion of sustained provocation would help the cause of battered women. The article concludes with a proposal for creating a new exception under §300 of the Indian Penal Code.

Battered Women Charged with Homicide: Expert Consultation, Evaluation, and Testimony

ABSTRACT Expert testimony on “Intimate Partner Battering and its Effects” (IPBE) and “Battered Woman Syndrome” (BWS) is offered in courtrooms to assist the factfinder in making more informed decisions in cases involving battered women defendants. Such testimony situates a battered woman’s behavior in the context, thereby making sense of behavior that might appear dysfunctional, inappropriate, culpable, or otherwise impossible to understand from an objective frame of reference. Expert participation in battered women’s criminal cases can be influential at many junctures in the case. This paper explores potential roles for expert consultation. such as educating prosecutors and defense attorneys, potentially influencing charging/plea decisions. Forensic evaluation reports document a battered woman’s history and responses to IPV that can be relied upon by defense attorneys to develop more effective legal defense strategies pertinent to IPV history. Experts may assist in jury selection and provide general or case-specific testimony that may provide an alternative framework within which a defendant’s thoughts, actions, and behaviors can be more appropriately understood within the context of intimate partner battering. At the post-trial stage, experts may assist in sentencing, state and federal post-conviction proceedings, clemency, probation, and parole proceedings. Post-conviction and habeas corpus claims often relate to expert testimony that was either not offered at trial in a battered woman’s first trial, or excluded by a judge. In those cases, an expert may assist by preparing a declaration in support of a habeas corpus petition and/or testifying at any subsequent hearing to explain the myriad ways in which expert participation might have led to a more lenient outcome in the original trial.

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

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.

Psychologically Bound: Why Expert Evidence Regarding Battered Woman Syndrome Should Be Admissible

The affirmative defense of duress was created to protect a person coerced into committing a violent physical crime. Alongside duress, battered woman syndrome (BWS) is a psychological theory created to explain why women choose to kill abusive partners rather than leave them. Although BWS is a well-known and supported legal theory, historically, courts have been reluctant to allow expert evidence regarding the syndrome into testimony to help explain a battered woman’s behavior. Battered women have been so subjected to abuse and violence that their psychological perception is altered. In cases where expert evidence has been admitted, it profoundly affected jurors’ perception of battered women. The admitted expert evidence allows the jury to see her actions as her only available choice to protect herself. Thus, all courts should move to permit the admission of expert evidence regarding BWS to allow these women a fair trial and the potential opportunity to avoid a life behind bars. This Comment seeks to understand the implications of BWS and the substantial impact expert testimony can have when attempting to prove a duress defense. It purports to familiarize the reader with BWS and duress generally before critically analyzing the psychological repercussions of BWS, which can be conveyed to a jury through the admission of expert evidence. This Comment looks to the current circuit split regarding the admissibility of such evidence and outlines each court’s reasoning. Ultimately, this Comment advocates for the admission of expert evidence and attempts to urge undecided jurisdictions on the matter using legal arguments, recent federal and state court decisions, statistical evidence stressing the widespread nature of the matter, and the societal effects, both recent and historical.

Battered Woman Syndrome: Prospect of Situating It Within Criminal Law in India

In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of offenders committing violent crimes such as homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts in other jurisdictions. While in other countries, Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, Indian Courts have resorted to it only to explain the effects of a battering relationship. The fact that Battered Woman Syndrome has only been recognised in such a small number of cases and the lack of scholarship in this particular area clearly resonates the resistance of the Indian criminal law towards women’s accounts of their experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a “kill or be killed” situation. Since Battered Woman Syndrome as a subject has been extensively researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 in accommodating the cases of battered women, and highlights the need for the introduction of a new justificatory defence as a plausible solution.

Battered woman syndrome and PTSD in women who kill their abusing partner: a study in medical jurisprudence

AimsThe aim of the study was to identify any symptoms or features of Battered Woman Syndrome (BWS) or Post-traumatic Stress Disorder (PTSD) that may be associated with, or explain, abused women killing their abuser; and the extent to which such identified symptoms or features have been deemed, or are potentially relevant, to past and now reformed partial defences to murder in English law. Hence two sub-studies were completed.MethodThe first sub-study identified mental symptoms of BWS or PTSD apparent in battered women who kill their abuser; achieved by identifying relevant research papers, through applying a ‘rapid review’ approach to three databases: PubMed, PsychInfo and PsychArticles. The second sub-study identified by legal research reported Court of Appeal (CA) judgments on women appealing their conviction of the murder of their abusive partner. It then analysed the legal approach taken towards evidence of the effects of abuse upon these women before and after relevant statutory law reform (although no CA cases were identified post-reform).ResultThe first sub-study identified and reviewed six symptoms or features, within three quantitative and three qualitative studies, that appeared to be associated with, or described by, abused women killing their abuser. These included helplessness, symptoms associated with PTSD, plus fear, isolation, experience of escalation of violence and cycle of violence. From the CA cases the perpetrators of killings that occurred prior to 04.10.2010 (the date of law reform) were usually successful in having their conviction overturned based upon diminished responsibility; but not provocation, because of the requirement of ‘sudden loss of self control’. ‘Loss of control’, which replaced provocation, appears highly likely to be capable of reducing murder to manslaughter based upon symptoms of BWS, or PTSD. However, the amended defence of diminished responsibility is likely to exclude evidence of BWS, but allow evidence of PTSD, because of its requirement of the defendant suffering from ‘a recognised medical condition’.ConclusionThis study demonstrated particular symptoms or features of BWS or PTSD associated with abused women killing their abusers plus their very different relevance to two partial defences to murder, pre and post law reform.

Battered Women Syndrome: A Headache for Medicine and Law

In many respects, the term battered women syndrome is an unfortunate nomenclature used in relation to a woman’s prolonged and repeated exposure to domestic violence (often involves sexual humiliation). Unlike a single traumatic event, prolonged and/or repeated exposure to trauma may result in the development of a complex trauma syndrome (Zepinic, 2017). Many battered women report total physical and psychological dominance by the abuser and many being coerced into immoral and humiliating sexual practices. Most of the victims of domestic terror involve the sacrifice of children—the battered woman will report that, in relationship with the abuse, she did not care about herself but has been concerned about her children. In the courtroom, there is often evidence that the perpetrator also abused children even threatening the woman that he is going to kill them if she reports to anyone violence and torture, or if a battered woman attempts to leave the abuser. The battered woman is also a victim of a microcosm of the bias within the principles of the criminal law in general and criminal defences in particular. Domestic violence is not a new phenomenon; however, the battered woman is often in spot-lite because she managed to kill her abuser before he killed her. In addition, to induce fear, the abuser seeks to destroy the trauma victim’s sense of self, identity, and autonomy. On the other hand, due to the psychological and physical dominance, domestic captivity, fear of more abusive trauma, and fear for the children’s safety, the battered woman very rarely asks for any help or therapy due to developed trauma symptoms, often accompanied by physical injuries.