Battered Women Syndrome Research Paper

Battered Woman Syndrome, or BTS, was a theory that was developed in the 1970’s (Battered Woman Syndrome, 2010). As stated before, BTS is the signs, symptoms, and general characteristics of battered woman. According to Dr. Lenore E. Walker, the “mother of Battered Woman Syndrome,” a “battered woman” is any woman 18 years of age or older, who is or has been in an intimate relationship with a man who repeatedly subjects her to physical and/or psychological abuse (Battered Woman Syndrome, 2010, p. 4). In order to understand Battered Woman Syndrome, the general characteristics must be explained. There are four general characteristics of BTS; the first characteristic is that the woman believes that the violence inflicted is her fault. She believes that no matter the situation, when she is abused, she did something to deserve that abuse. The second characteristic is that the woman is incapable of placing the responsibility for the violet actions elsewhere. Third characteristic is the women perpetually fears for her life/lives of

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

Working with victims of domestic violence can be an extremely rewarding and fulfilling endeavor. One of the most crucial aspects for a paralegal working with victim of domestic violence is adequately engaging in the task of educating oneself to understand the commonalities of such victims and the ordeals that they have been through. Such clients are drastically different from other individuals who have suffered other physical and violent crimes. Understanding the background of someone who has lived through domestic violence is absolutely central to being able to provide adequate and sensitive legal care. Most victims of domestic violence are women (95%) though domestic violence can have an impact on ever age, class, race, ethnic, cultural or religious group (purplerainfoundation, 2012). "In the United States, nearly one in three adult women experience at least one physical assault by a partner during adulthood (American Psychological Association, Presidential Task Force on Violence and the Family 1996 Report)" (purplerainfoundation, 2012). These women are often terrified of their partner's temper, apologize when they are abused and often in the most extremely controlling and isolated environment where the abusive partner will control who the partner sees and where the partner goes outside of the home, jealous of outside relationships (purplerainfoundation, 2012). In these abusive relationships the women are hit,

The report responding to section 40507 of the Violence Against Women Act from the U.S. Department of Justice Office of Justice Programs, National Institute of Justice, and the U.S. Department of Health and Human Services- National Institute of Mental Health determined that:

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).

The laws of BDS are kind of confusing. In many states is now recognizable in legislation

When looking into Battered Woman Syndrome it is a relatively new defense and standing point in the court of law compared to other methods. This defense has also gained a ton of scrutiny in its time as it is a very vague defense and can be used in a multitude of situations in which it does not exactly apply as it would to others. I personally feel that this defense can be very helpful to women who truly need it, and it provides a cover for women who truly don’t need to be protected and need to be persecuted to the fullest extent of the law for the crimes which they have committed. This is something we went over for a journal and it interested me a great deal, especially with the case of Susan Wright.

Even though Battered Person/Women Syndrome is now more of an accepted argument in a court of law because of it the result of a great deal of psychological abuse and stress, there is still controversy surrounding it. Because of this, the legal definition of battered person syndrome relates to the Oakes Test because of limiting interpretation within the Criminal Code. Which further causes an “overriding [of] a constitutionally protected right or freedom.” Simon Fraser University, n.d.) In other words, because Section 718.2a through e of the Criminal Code - R.S.C., 1985, c. C-46 completely ignores whether or not the offender themselves were abused for months or even years on end before they committed an offence, therefore it not only puts on

As of today there are a lot of intervention programs that assist both women and men who are either abusers or have been abused. Kurz (1990) exposes research on women advocates who are battered and mentions how health care facilities should provide interventions for battered women. This would be a huge improvement for battered women because many health officials just recommend therapist solutions for women. The NASW “national association of social workers” (2016) explains different approaches to cope with battered women who have been through a domestic situation with their spouse. These approaches include “making referrals to local recourses such as healthy support systems and proper explanations for advocacy, or using a hotline to get connected

Over the course of this semester we have studied many different subjects of criminal law. I found that our studies on assault, battery, and other crimes against the person to be the most interesting. To me this subject was the most compelling because I was unaware of many of the requirements that constitutes assault, battery, kidnapping, etc. I also found it interesting because this particular subject was relevant and useful for Business Law, a class I am enrolled in at my high school. In Business Law, we were to participate in a mock trial of a woman who claimed to shoot her husband because of Battered Woman Syndrome. I was the expert witness for Battered Woman Syndrome in this trial. This class and the subject discussed Battered Woman Syndrome, which lead me to be an educated on this topic. Between studying this subject and taking part in the mock trial I have gained an interest for these particular crimes and, especially, Battered Woman Syndrome.

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.

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

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?

Battered women’s syndrome is a repercussion of domestic violence, specifically having an identified set of distinct psychological behavioural symptoms that result from prolonged exposure to significant abuses of violence. Lack of perceptiveness and inability to judge danger and normal levels of behaviour reflect the most common characteristics of this syndrome.

Domestic violence has been a main issue throughout history and all over the world; it can evidentially affect children, the elderly, women, and even men. Although abuse can affect many individuals, a significant portion of domestic abuse cases are against women. Globally, women are constantly facing physical, social and mental abuse by men and/or their significant others. In past years, the issue of domestic violence has gained the attention of researchers. In fact, studies have shown that it is a global issue negatively impacting the social and health status of individuals, particularly women. A survey of domestic abuse in Canada signifies that 29% of married women have been abused by their partners at least once (Nwosu, 2006). Many argue