Stereotypes About Battered Women and Victim’s Self-Defense: Legal Implications

2021 ◽  
pp. 088626052110551
Author(s):  
Carmen Delgado-Alvarez ◽  
Andrés Sanchez-Prada

Recent research on the practices of justice operators with women victims of intimate partner violence has evidenced the existence of gender stereotypes and gender-blind practices in the Spanish legal system (Albertín et al., 2020; García Jiménez et al., 2019, 2020), as well as the graves consequences that such practices imply for these women. In this context, the present study explored the existence of a battered woman stereotype and its variation when the victim defends herself from the abuser. An opportunity sample of 505 undergraduates of Law, Psychology and other studies from two Spanish universities assessed some personality characteristics of a woman after watching a 1-minute-long silent video. The participants were randomly assigned to one of three observation conditions (“control”, “victim” or “self-defense victim”), which differed in the previous information given about the target woman. The Principal Components Analysis reduced the information from the questionnaire to three dimensions: “brittleness” (α = .91), “positive” (α = .786), and “hostile” (α = .809). The MANOVA confirmed the battered woman stereotype and its modification when the victim reacts against the abuser in self-defense: in this case the attribution of brittleness decreases and the attribution of hostility increases. The type of academic training showed significant effects on the stereotype, this being more negative among Law students than among Psychology ones. Law students perceive the target woman in the “victim” condition more hostile and manipulator. As for the “self-defense” condition, Law students attribute less brittleness to the victim, and perceive her more manipulator and dangerous. The effect of the observer's gender on the stereotype is consistent with the previous literature. Implications for professional training and judicial practices are discussed.

Author(s):  
Whitley R.P. Kaufman

A traditional element of self-defense doctrine is the imminence rule, restricting the use of force in self-defense to cases where the threatened harm is imminent, about to happen. In recent years, this rule has been subject to increasing criticism, especially in the context of cases involving battered women, and some commentators have even called for its elimination. This essay presents the case for the imminence rule as reflecting the requirement that in a civil society, the use of force be reserved to the state, with only one exception. This exception applies to cases where an individual is faced with an imminent threat. In such circumstances, the state would not be able to intervene in time to protect the person, and hence the individual is permitted to use force in her own defense.


2016 ◽  
Vol 31 (8) ◽  
pp. 949-953 ◽  
Author(s):  
Penny A. Leisring ◽  
Hannah L. Grigorian

2003 ◽  
Vol 27 (1) ◽  
pp. 37-45 ◽  
Author(s):  
Cheryl Terrance ◽  
Kimberly Matheson

Student participants ( N = 316) viewed a videotaped simulated case involving a woman who had entered a self-defense plea in the shooting death of her abusive husband. As successful claims of self-defense rest on the portrayal of a defendant who has responded reasonably to his/her situation, the implications of various forms of expert testimony in constructing this narrative were examined. Jurors were presented with either expert testimony regarding the battered woman syndrome (BWS), the BWS framed within post-traumatic stress disorder (PTSD) nomenclature, or a no-expert control condition. As the BWS classification may support a stereotypical victim, the degree to which the defendant fit the stereotype in terms of her access to a social support network (family, friends, employment outside of the home) was varied within the expert testimony conditions to reflect either a high or low degree of stereotype fit. Although jury verdicts failed to differ across expert testimony and stereotype fit conditions, perceptions of her credibility and mental stability did. Although affording jurors a framework from which the defendant's experiences as a battered woman may be acknowledged, this portrayal, as advanced within PTSD nomenclature, endorsed a pathological characterization of the defendant. Implications of this discourse for battered women within the context of self-defense are discussed.


Psico-USF ◽  
2017 ◽  
Vol 22 (3) ◽  
pp. 401-412 ◽  
Author(s):  
Josiane Razera ◽  
Icaro Bonamigo Gaspodini ◽  
Denise Falcke

Abstract Gender stereotypes have largely been discussed in the occurrence of marital violence, mainly in international literature. The objective was to map and analyze scientific literature, published between 2010 and 2015, using the databases ISI Web of Science, Academic Search Complete, Medline Complete, PsycInfo e Scielo. Strings used were: a) first search strategy - “intimate partner violence” AND “gender symmetry”; b) second search strategy - “intimate partner violence” AND “gender asymmetry”. We analyzed 48 journal articles entirely available online. Most publications are from The United States (60.41%) and use quantitative research designs (60.41%). The most frequently used instrument was the Revised Conflict Tactics Scales (CTS2), even though criticized because of its checklist structure. Disagreement remains about gender a/symmetry in conjugal violence, however, an emerging perspective affirms that these cases should not be generalized and each couple’s specificities must be assessed. National studies are necessary to contemplate different aspects of this phenomenon.


1993 ◽  
Vol 72 (1) ◽  
pp. 59-65 ◽  
Author(s):  
Hannu Räty ◽  
Leila Snellman ◽  
Arja Vornanen

The study set out to explore Finnish lay views of intelligence, of its nature, definitions, and measurement. The 152 subjects, a random sample of an adult population, rated 23 short statements about intelligence. It appeared that the subjects were inclined to deal with intelligence in pluralistic and relativistic rather than in absolute terms. Statements concerning the objectivity of intelligence tests and the value of their use generated the most differences of opinion. A factor analysis of the ratings indicated three dimensions of opinion: traditional views, relativistic views, and gender stereotypes. Relationships of the subjects' sex, age. and education to their opinions were studied.


Author(s):  
Aya Gruber

This article explores the complicated relationship between the duty to retreat in self-defense law and violence against women. It first provides an overview of self-defense law in the United States, with particular emphasis on the duty to retreat, before discussing the feminists’ position regarding self-defense law in the context of battered women who kill abusers, along with the so-called “no-retreat” rules. It then traces the history of no-retreat in U.S. law and argues that it is a complex doctrine, both liberationist and discriminatory. It also examines the tension in feminist theorizing on retreat by focusing on recent stand-your-ground controversies. The article concludes by proposing distributional analysis as a framework for feminists and other theorists to resolve the persistent tensions between the duty to retreat and gender justice.


Author(s):  
Sally J. Scholz

The Battered Woman Syndrome, like the Cycle Theory of Violence, helps to illuminate the situation of the person victimized by domestic violence. However, it may also contribute to the violence of the battering situation. In this paper, I explore some of the implications of the Battered Woman Syndrome for domestic violence cases wherein an abused woman kills her abuser. I begin by delineating some of the circumstances of a domestic violence situation. I then discuss the particular moral issue of subjectivity or moral personhood involved in instances wherein a woman victimized by domestic violence responds by killing her batterer. Finally, I argue that the Battered Woman Syndrome and similar alternatives to or qualifications of self-defense are problematic because they strip a woman of her moral subjectivity. I conclude with a brief articulation of a proposal for reform of the criminal justice system specifically aimed at cases wherein there has been a long history of abuse or violence. This reform is unique because it does not rely on a separate standard of reasonableness particular to battered women, but arises out of consideration of the moral implications of legal proceedings involving domestic violence.


Partner Abuse ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 3-30 ◽  
Author(s):  
Denise A. Hines ◽  
Emily M. Douglas

Grassroots movements during the 1970s established several types of emergency services for battered women seeking to find refuge from or leave an abusive relationship. As time went by, the range of services offered by these agencies grew to include counseling, legal services, outreach, and other services, and battered women can now access over 2,000 domestic violence (DV) agencies throughout the United States for assistance. At the same time, these services have come under increasing scrutiny for their inability or unwillingness to provide their existing services to some populations of intimate partner violence (IPV) victims. In this article, we focus on DV agencies’ ability to provide their services to various populations that have documented evidence of being underserved due to their age, gender, and/or sexual orientation. We present information on the percentage of agencies that report being able to provide victim-related services to each of these groups. We also consider various regional, state, and agency characteristics that may predict the availability of services to these underserved groups. Overall, agencies report that adolescents and men are the least likely groups to which they are able to provide their victim services. Results are discussed utilizing a human rights perspective that stresses that all IPV victims, regardless of age, sexual orientation, or gender, should have access to services provided by DV agencies.


2016 ◽  
Vol 50 (4) ◽  
pp. 602-622 ◽  
Author(s):  
Robert Tack Kwei Ho ◽  
Natalie Chantagul

The present study investigated the issue of domestic violence in Thailand and in particular the reactions of the Thai populace (male versus female) to a battered woman who killed her abusive spouse, as well as how such reactions could be influenced by the presentation of expert testimony related to the battered woman syndrome. Cluster sampling conducted within the Bangkok metropolitan area in Thailand yielded a sample of 1190 participants who voluntarily filled in the study’s questionnaire. Multi-group path analysis showed no significant gender difference in the direct influence of battered woman syndrome information on the verdict/judgment rendered and suggests that the provision of such information in spousal homicide trials within the Thai context may not be efficacious in influencing the participants’ verdict judgments. Results however did indicate an indirect effect of the battered woman syndrome information on the verdict/judgment rendered being mediated by the defense strategy of self-defense. This finding indicated that the battered woman syndrome information presented aided the participants in contextualizing the defendant’s killing in a frame of self-defense, rather than inappropriately applying a form of “reasonableness” in their verdict/judgment. These findings are discussed in relation to their implications for the presentation of battered woman syndrome information in trials of Thai battered women who killed their abusive spouses.


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