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

BJPsych Open ◽  
2021 ◽  
Vol 7 (S1) ◽  
pp. S266-S266
Author(s):  
Sharmilaa Lagunathan
Keyword(s):  
Battered Women ◽  
Medical Condition ◽  
Battered Woman ◽  
Law Reform ◽  
Rapid Review ◽  
Abused Women ◽  
Battered Woman Syndrome ◽  
Women Who Kill ◽  
Partial Defences ◽  
Diminished Responsibility

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.

scholarly journals Battered Woman Syndrome, Diminished Responsibility and Women Who Kill: Insights from Scottish Case Law

2019 ◽  
Vol 83 (5) ◽  
pp. 381-393
Author(s):  
Rachel McPherson
Keyword(s):  
Domestic Abuse ◽  
Case Law ◽  
Battered Woman ◽  
Recent Case ◽  
Potential Space ◽  
Battered Woman Syndrome ◽  
Women Who Kill ◽  
Diminished Responsibility

Using Scotland as a case study, this article maps the development of Battered Woman Syndrome in law. It looks to the potential space for development that has been created by the recent case of Graham v HM Advocate, concluding that such a more would be an important step and one with significant implications for domestic abuse policy and the treatment of female accused more widely.

Undermining Reasonableness: Expert Testimony in a Case Involving a Battered Woman who Kills

2003 ◽  
Vol 27 (1) ◽  
pp. 37-45 ◽  
Author(s):  
Cheryl Terrance ◽  
Kimberly Matheson
Keyword(s):  
Battered Women ◽  
Expert Testimony ◽  
Battered Woman ◽  
Support Network ◽  
Post Traumatic Stress ◽  
Battered Woman Syndrome ◽  
Expert Control ◽  
Self Defense ◽  
Jury Verdicts ◽  
Post Traumatic

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.

scholarly journals Battered Women Syndrome: Need for Judicial Objectivity

2018 ◽  
pp. 149-164
Author(s):  
Dibya Shrestha ◽  
Nisha Bhandari
Keyword(s):  
Battered Women ◽  
Judicial System ◽  
Battered Woman ◽  
Wife Beating ◽  
Battered Woman Syndrome ◽  
Judicial Decisions ◽  
Legal Provisions ◽  
Wife Battering ◽  
Battered Women Syndrome ◽  
Practical Implications

When the victims of wife-beating are subjected to excessive violence, a syndrome occurs, which during a criminal procedure can be pleaded as BWS (Battered Women Syndrome). It is also referred to as Battered Spouse Syndrome. However; the condition is most common among women than that of men. Wife battering is the most common and least reported crimes in all types of society. Some never mention about it and bear the violence while some others seek help from the law. But there also exists a different group of battered women who kill their abusive partner without any remorse. Some scholars have claimed that is a normal reaction from a woman who has been subjected to acute battering and that they should be given defense by law while some others have opposed to this notion of Battered Woman Syndrome. BWS, as a very new concept to the legal and judicial system of Nepal, still has a lot of gaps to be filled. This paper will analyze the concept and practical implications of Battered Woman Syndrome alongside the legal and judicial trend in case of Nepal. Further, this paper will establish why Battered Women Syndrome cannot blatantly be given as a defense in all cases and yet should be considered by the judiciary. In the end, the paper puts forth the necessity of new law/legal provisions in making the judicial decisions objective and justiciable in case of battered women.

Alcohol and Drug Use among Abused Women Who Kill, Abused Women Who Don't, and Their Abusers

1994 ◽  
Vol 24 (2) ◽  
pp. 165-177 ◽  
Author(s):  
William R. Blount ◽  
Ira J. Silverman ◽  
Christine S. Sellers ◽  
Robin A. Seese
Keyword(s):  
Alcohol Use ◽  
Drug Use ◽  
Battered Women ◽  
Significant Part ◽  
Abused Women ◽  
Alcohol And Drug Use ◽  
Women Who Kill ◽  
Alcohol Counseling

Interviews were conducted with forty-two women with extensive abuse histories who had killed their intimates and fifty-nine women with similar abuse histories who were in shelters for battered women. Controlling for demographic and other differences, analyses indicated that alcohol and other drug use ably distinguished between the two groups of women (correctly classifying 89% of the cases), and that alcohol use was more salient than other drug use. The partner's alcohol use and the respondent's alcohol use were significantly higher among the intimate homicide group, suggesting an association between intimate homicide and alcohol use. Alcohol counseling should, therefore, be a significant part of programs for both battered women and for men who batter.

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