Is Battered Person Syndrome?

2020 Words9 Pages
Even though Battered Person/Women Syndrome is now more of an accepted argument within a court of law through the testimony of experts of how this Syndrome results in a great deal of psychological abuse and stress, there is still controversy surrounding it. Evidently the court of public opinion is still unsure where to side on this issue as there is still no definite legal definition of battered person syndrome, which relates to the Oakes Test through the limited text within the Criminal Code. This further causes an “overriding [of] a constitutionally protected right or freedom.” Simon Fraser University, n.d.) In other words, because Section 718.2 a through e of the Criminal Code - R.S.C., 1985, c. C-46 completely ignores whether or not the…show more content…
It also has to consider that within “an annual basis, an estimated 1.3 million American women are victims of male perpetrated intimate partner violence. [And] at some point in their abusive relationship, some of these women resort to the use of deadly force.” (Terrance, Plumm, & Kehn, 2013). Before deadly force is used, the abuse that these women, and further, people suffer through is hostile and violent, with an uncertainty of when their partner is going to get violent again. However, not all women report the abuse that they have been victimised; men are less as likely to report it as society does not fully recognise that men can be abused as well; therefore, there is not a lot of research pertaining Battered Person Syndrome to the male gender. Overall, the cycle within the abusive situation can be seen as psychological torture with periods of the “tension-building phase where the perception of danger from the batterer kept escalating at different rates for different people. The battered woman trie[s] to please the man during this period and her behaviour could slow down or speed up movement into the second phase, or the acute battering incident. The second is the shortest part of the cycle but has the highest risk for physical or
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