Is Battered Person Syndrome?

2020 Words May 31st, 2016 9 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 offender themselves were abused for months or even years on end before they committed an offence, i.e., murder, not only puts the blame and guilt for the ‘offence’ onto the battered person, but it may violate the Charter of Rights and Freedoms as well. This paper shall examine the fundamentals of the Battered Person’s Syndrome within the court system, Oakes Test, R. v. LaVallee [1990] 1 S.C.R. 852, how they relate to each other, and how the Criminal Code of Canada and Charter blatantly still disregards Battered Person Syndrome and it’s defence. To understand Battered Person Syndrome, the legal system and public must first understand that it is derived from abuse and “is actually not a clinical diagnosis [but rather] (…) subsumed under the…
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