Battered Woman Syndrome Analysis

Tanya Mitchell frantically called 911 to report a shooting-a shooting she committed. In an act of self-defense against her abusive husband who, at the time, was threatening to kill her, she did what she had to do to save her own life. From her reports, her husband was not only abusive, but that he gave men in his “motorcycle club” permission to gang rape her-while he watched. Specific example of his sadistic abuse include him telling her they were going to get married while holding her at gunpoint, making her play Russian roulette, and even trying to rip off her nails. Her attorneys were going to use Battered Woman Syndrome (to take her psychological health based off of her abuse) as a factor in the case but were not confident it would

Because woman strike back at their abusers; battered woman’s syndrome has been used in courts as a plea when their actions were believed to be in self-defense (Hodell et. al, 2011). And when a battered woman kills her abuser, they must convince a jury of the rationality of her lethal actions to successfully advance a plea of self-defense (Schuller et al., 2004). When jurors believe that under the given circumstances a defendant’s behavior was justified under the law a jury can find a defendant not guilty by reason of self-defense (Hodell et al., 2011). Recent research in case’s of self-defense suggest that when using the battered women’s syndrome certain characteristics of the defendant could interfere with the accused sentencing (Russell, Ragatz, & Kraus, 2012).

In this analysis, I will attempt to cover the basis of Battered Women’s Syndrome as a legal defense. This will cover the historical context of Battered Women’s Syndrome as a legal defense, which will of course require a brief review of what battered women’s syndrome is by using experts in the field, usually psychologists. When reviewing the historical context of such a subversive topic, it is essential to the structure that we look at actual cases involving battered women such as abuse being reported and cases that have actually been brought to trial as well as the ending verdicts as the factors that may have caused the outcome. We must also look at different cases as to which the defense was used, such as situations where a battered women’s husband was sleeping, or any other relative situation as to which there was question of the imminence of a threat.

One Afternoon Syke Jones was discovered in his home by his wife Delia and pronounced dead due to a venomous snake bite. Soon after it was brought to the attention of the court that Delia has been charged with the case of his death. The case has been examined by the Jury on all accounts from the defender and prosecutor. We, the Jury, find Delia Jones not guilty on account of all chargers of murder or manslaughter. The Jury has come to this conclusion due to there being no intention of death on her part, she suffers from Battered Women’s Syndrome, And that she seems to be no threat to society then, now or in the future.

Walker’s Battered Woman Syndrome sought to explain the actions of an abuse victim who fought back and killed her attacker in the process. It suggests that a woman in this situation was justified in killing her abuser as a result of the circumstances she found herself in. This meant that any woman had tools with which to defend herself in the courtroom, and that any reasonable woman would use force in such circumstances when presented with the opportunity. It was an instinctual response to a

Physical abuse is the use of physical force against someone in a way that injures or endangers a person (Dating Abuse Statistics, 2013). People of all races, education levels, and ages experience domestic abuse (Violence Against Women, 2015). On average nearly twenty people per minute are physically abused by an intimate partner (Statistics, 2015). This adds up to ten million men and woman being abused annually in the United States alone (Statistics, 2015). Women from the ages eighteen to twenty-four are the most commonly abused population (Statistics, 2015). Statistics say that eighty-five percent of victims are in fact women (Safe Voices, 2016). One in three women and one in four men have experienced some type of abuse/violence in their lifetime (Statistics, 2015). Most cases of domestic violence are never reported and only thirty-three percent of victims ever tell anyone about their abuse (Safe Voices, 2016).

Battered Woman Syndrome has been recognized as a subcategory of post-traumatic stress disorder (Walker, 2009). All women who have been battered do not meet all of the criteria in the DSM-V for post-traumatic stress disorder but many of them do (Walker, 2009). It is also important to note that women who suffer from Battered Woman Syndrome may suffer from other mental health conditions. Treatment should be tailored to fit the unique needs of the battered woman. However, according to Walker (2009) treatment of post-traumatic stress disorder and Battered Woman Syndrome may include a combination of feminist and trauma therapy. Feminist therapy helps the victim understand the situational factors that are out of her control which may motivate her to accept and change the factors that she can control (Walker, 2009).

Thesis Statement: “Battered-Wife Syndrome” is a legitimate defense for the murder of a woman’s husband as a reason of self-defense towards the

I began researching to find information and found that “Battered Woman Syndrome” was when the abused woman believes that what is happening to her and what she is going through is her fault. I began to cry because this was me, believing that everything was my fault. If I could just cook better or if I could just not do whatever it was that I was doing that upset him that I could stop the abuse. It seemed that I could not please him no matter what I did. I also believed this was my husband, so I had to try to make him happy no matter what happened to me. I could not leave because I was worried about what people would say about me, especially if they knew that my marriage was not working.

Given, there is no true way to diagnose battered woman syndrome. It is a name given by a doctor who has encountered several women facing problems due to abuse in their homes. A woman facing chronic abuse would be safer using a PTSD plea. “This is not to say that a woman cannot be assessed for medical signs of physical trauma, however these physical signs are non-definitive of BWS, and could have occurred at any given moment.” (Dixon) There are several arguments that BWS does not exist. Some try to use BWS as a mental illness or an insanity plea. Clinical expertise use specific signs and symptoms to verify situations of abuse. These same signs and symptoms are visible in many given situations and not only those pertaining to BWS. In a study done on learned helplessness there was no sudden rage or aggression from the caged animals. So, why do these women claim that their helplessness caused them to harm another. “Further, and more importantly, there has never been any experiment demonstrating the phenomenon of learned helplessness in human beings. So, the entire argument for learned helplessness in battered women is pure conjecture, without any empirical support.” (Dixon)

One of the most common defense arguments used in domestic violence homicide crimes, is the act of self-defense due to battered woman syndrome (BWS). Battered woman syndrome is a theory that was developed by clinical psychologist, Dr. Lenore Walker during the 1970’s. Her approach towards BWS explains why battered women kill their abusive partners, instead of ending the relationship. According to Dr. Walker, many victims of domestic violence find it difficult to end an abusive relationship due to “learned helplessness” (Rodgers, 2017). Dr. Walker also discovered that most women with BWS follow a pattern called “The Cycle of Violence”. She explains that the cycle consists of three different stages:

In order for the Battered Woman Syndrome claim to be used expert testimony is essential. This is needed in order to give matter to the argument that justifies what the woman did. It is also needed because there needs to be an explanation of the Syndrome to juries, in away they can understand. Learned helplessness and other scientific knowledge need to be explained in order for the jury to understand. To understand what the woman is going through, what she was thinking at the time she committed the crime, and that she did it (murder her abuser) it because she honestly felt that it was the only solution in getting the “cycle of violence”. First, the women must show that she is able to prove either through her own testimony or through the testimony of other witnesses that she is a “battered woman”. She must then provide proof that the expert who she has chosen is qualified in the field. Some think that the defense based on Battered Woman Syndrome is an insanity defense, because of the experts who are brought in to explain the characteristics of the syndrome, psychologists or psychiatrists. Also because the word “syndrome” is often used to describe mental illnesses. “First her husband, now the courts”, is what one of the signs read at a march during

Abuse continues to be a significant problem nationwide, shattering the lives of many. It is hard to imagine the domination that the abuser exercises over the abused, the danger that they feel, and the violence and fear that traumatise them. Violence is not a private matter. One cannot draw the curtains and forgive and forget, society must intervene and offer help and comfort. However, sometimes the help offered can be inadequate and illogical. Battered wife syndrome (a condition created by sustained physical, sexual, and/or emotional abuse, which creates a variety of physical and emotional symptoms) has been used as a defence in murder cases in which women have killed or harmed their abuser. Although expert testimony regarding battered

To begin, no I do not believe battered woman syndrome exist, there are women and men who have been raped and battered as well and do not go out and kill the wrongdoer. Whether it be male or female, an individual facing imminent danger has the right to defend himself or herself. A woman/or man who kills there souse hours after being beaten is murder. Instead of exiting the situation, they take the time to think which according to the law is mens rea, and then completion of the act, which is physical. To explain further, if an individual is perceptive enough to load a gun and shoot it, this situation is not paralysis it is clear thinking. In a state of paralysis, one should not be able to operate a weapon or think clearly enough to execute revenge. Why would the victim not apply this energy into an exit strategy?

According to statistics found by the National Coalition Against Domestic Violence, Every nine seconds a woman is abused by her husband or intimate partner. At least 1 in every 4 women and 1 in every 9 men have been beaten, coerced into sex or otherwise abused in their lifetime. Most often the abuser is one of their own family. Domestic violence is a problem that somehow affects every one of us in this room at some time and is actually the leading cause of injury to women -- more than car accidents, muggings and rapes combined.