Battered Woman Syndrome
The battered woman syndrome (BWS) involves a pattern of behavioral and psychological symptoms in women living in abusive relationships (Greene et al., 2019). Battered women may use physical force to kill their batterers, which is attributable to self-defense. One would argue that the BWS should be a valid legal defense.
The BWS plays a crucial role in how persons respond when they feel threatened by their loved ones, and explains an individual’s behavior in instances when victims kill their batterers (Russell, 2014). A victim is virtually held hostage in a violent environment where they may not be able to obtain a restraining order nor obtain temporary financial support once they opt to leave the batterer. In State v. Yusuf, the court held that the defendant’s evidence prior to the victim’s abuse was admissible, relevant, and material. However, for the BWS to be used as a valid legal defense, the expert testimony must prove that the victim is a battered woman and expert testimony must aid the jury to explain her conduct (Greene et al., 2019). BWS educates the jury about the realities of domestic violence. The woman is also not in the same physical strength as the man, thus explaining the use of deadly force.
The challenges in court of using the BWS as defense include misunderstandings of the jury. Courts may disagree on whether BWS relates to a claim of excuse or justification. Juries may misinterpret BWS testimony as indicating that the defendant has a diminished capacity or not responsible for the act (Flynn, 2019). Another challenge stems from the notion that victims of BWS cannot choose a lawful response to their spouse’s abuse, thus its defense fails because it implies that women lack the same capacity for self-governance as men. It is difficult to defend the fact that the defendant’s use of deadly force was reasonable. The jury may wonder why the abused woman had no choice of leaving the abusive relationship if she reasonably objected to the violence.
Since the law considers self-defense an act of justification, the courts may see the act of killing as having being made in self-defense. It may conclude that the action was correct under the circumstances. However, there is need to prove that the actions meet the legal standards to warrant a claim of self-defense.
References
Flynn, S. (2019). Battered woman’s syndrome: A tragic reality, an evolving theory. Trinity Women & Gender Minorities Review, 3(1), 39-56.
Greene, E., Heilbrun, K., & Wrightsman, L. S. (2019). Wrightsman’s psychology and the legal system (9th ed.). Cengage.
Russell, B. L. (2014). Battered woman syndrome as a legal defense: History, effectiveness and implications. McFarland.
State v. Yusuf, 70 Conn. App. 594, 800 A.2d 590 (App. Ct. 2002).
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