What Is Battered Woman's Syndrome?Battered Woman's Syndrome describes a condition where a woman who has suffered constant and severe physical abuse decides to fight back and use force against her abusive husband. The condition arises as a result of repeated beatings which reduces the woman to her breaking point, at which point she reasonably believes force is necessary to protect herself. Battered Woman's Syndrome may be used in cases of assault or murder to show self-defense, provocation, or insanity. Symptoms of Battered Woman's Syndrome
The symptoms of battered woman's syndrome include: - Low self-esteem
- Feelings of shame
- Feelings of guilt
- Feelings that they are responsible for the violence
How Can Battered Woman's Syndrome Be Used In Court?Battered Woman's Syndrome is used as a defense to charges of assault or murder. It is proven in Court through expert testimony. The expert will give testimony on the general characteristics of battered woman's syndrome, then compare those to the specific characteristics of the instant case. In general, evidence of battered woman's syndrome has three uses:
- Credibility: it helps the jury objectively analyze the defense.
- Honesty: it shows that the defendant honestly believed the need to defend herself.
- Reasonableness: it helps show the reasonableness of the belief of imminent danger.
Is Battered Woman's Syndrome Limited To Women?No, men can also suffer from Battered Woman's Syndrome. Additionally, battered children can suffer from the condition in cases where they are accused of assault or murder of an abusive parent. Do I Need A Criminal Defense Attorney?If you have been the victim of domestic violence and now face charges for retaliating against your abuser, you should contact a criminal defense attorney immediately. You may be facing serious charges so it is important to know your rights. |
 |
