Battered Women Syndrome

Battered Woman Syndrome Battered Woman Syndrome (BWS) is a term that was developed to describe the mindset and emotional state of a battered woman. It describes the physical and psychological abuse a woman suffers at the hands of her abuser, with whom she shares a personal, intimate relationship(Jackson). It was first proposed in 1970 based on the observations of clinician, Dr. Lenore Walker(Dixon). A battered woman is woman who has experienced at least two complete battering cycles in terms of dating and domestic violence(Battered Woman Syndrome). BWS claims that battered women are generally psychologically traumatized and therefore not responsible for their violent actions. Because of this, a battered woman is not held responsible for murdering her abuser(McElroy).
BWS has become a defense mechanism reoccurring more and more often in criminal court cases. Battered Woman Syndrome is often associated with post-traumatic stress disorder. “Domestic violence involves exposure to severe trauma and so the reactions of a battered woman may be due to flashbacks or other intrusive experiences from previous traumatic events so that the woman believes that she is in danger, even if she is not(Battered Woman Syndrome).” Courts have yet to establish an independent defense based on BWS. Instead, cases involving battered woman typically establish a claim of self defense(Jackson). It is commonly found that self defense wins cases over BWS(Raybin). There are two types of cases where BWS evidence is offered during criminal cases: Non-confrontational cases and confrontational cases. Non-confrontational cases are those where the battered woman attacks her abuser at a time where she is in no immediate harm or danger. An example of non-confrontational cases would be when the attacker is asleep. Confrontational cases describe situations where a battered woman attacks her abuser in the midst of being abused. Obviously in confrontational cases, the court is more likely to accept BWS evidence due to clear self defense. However, in non-confrontational cases, courts find it difficult to raise a self-defense claim due to lack of evidence(Jackson). Battered Woman Syndrome has three different stages. There is what is called the “tension building” phase where the man harasses the woman and convinces her that she is worthless until she feels dependent on him. Next, there is the physical abuse stage where the abuse escalates. Typically, it begins with a hit to the arm or the face, and over time becomes more sneaky. An abuser often injures his spouse in hidden areas such as the back or the stomach. The third phase of BWS is known as the “reconciliation” stage(Raybin). This is when the abuser seeks love and affection and makes promises that this will be the “last time.” These three stages are repeated over and over again until the woman feels so helpless as to lash out due to the psychological stress she is going through. Battered Woman Syndrome is a very controversial concept. Many jurors often question why these battered woman choose to stay with their partners for so long. “The abuser typically employs control tactics over his battered partner which include, but are not limited to, physical and sexual abuse, isolation, humiliation, threats, and deprivation of money.” These tactics make it nearly impossible for an abused woman to leave her partner(Jackson). There are several reasons why women stay in dangerous relationships. Often times women believe that her partner can change, by being positively reinforced with the honeymoon stage of the dating violence cycle. Women also choose to stay because of the economic dependence upon the abuser, fear of danger if she were to leave, or threats made by the abuser to hurt her or her children if she left. Women who under-go such trauma have a loss of self-esteem or psychological energy necessary to leave(Battered Woman Syndrome). Ultimately, battered women become psychologically dependent on their abuser and develop survival skills rather than escape skills. Another factor making Battered Woman Syndrome extremely controversial is that it was never validated through scientific research, and therefore it has not had widespread support by psychologists who practice clinical and forensic psychology. There is no scientific means to be absolutely certain that a woman is battered. In other words, there is no reliable means to differentiate women who claim it as a legal defense from those who actually suffer from it. Because the signs and symptoms are easy to fake, the reliability of the BWS defense is often questioned(Dixon). Courts are increasingly ordering women claiming the defense to undergo psychological evaluations for this reason. “BWS has been employed in criminal trial by women who claim to have been battered for a wide variety of purposes ranging from the justification theory of self defense, grounds for temporary insanity, negating an important element of the criminal charge, diminished capacity, and to mitigating circumstances to reduce the punishment if found guilty(Dixon).”
In some cases, the prosecution is happy to have the idea of Battered Women Syndrome be introduced. Sometimes they are able to use the evidence in clever ways against the woman being charged with the crime. For example, the prosecution can suggest a motive for revenge, which is not an excuse for a crime. They could also call the woman out on lying in the past when she denied her husband beat her. After hearing this, the jury may not believe anything she has to say(Dixon). There are many ways a person against BWS could critique it. However, if gone about the right way, the Battered Woman Syndrome defense can be very successful. There is, in fact, ways of getting proof of the trauma the woman went through. In most cases, after a woman kills her abuser, she calls the police. These calls are always recorded, but usually erased after approximately 30 days. If, however, these tapes are secured, they often show the state of mind that the woman was in directly after the act by hearing her voice alone. Photographs can also prove a woman was abused. However, photos must be taken not only directly after the crime, but a few days later. These follow up photos will show bruises that were not visible the day of. In addition, going through hospital records is important as well. These records will show previous injuries that were “accidental” It is known that battered women make up several excuses to keep other people from knowing what really happened(Raybin). Once it is clear that the woman was abused, it is helpful to have an expert witness and an excellent jury. Daniel L. Raybin suggests, “lock the jury up during the trial. Invariably, the jury will ask their spouses about the trail, thus, you have to worry about 24 different opinions rather than just 12.” He says that jury is critical and must acquit in a BWS case. For example, an ex-military person is a good juror because he or she can understand fear or post traumatic stress(Raybin). Battered Woman Syndrome is and may be for a very long time, an extremely controversial topic. Due to lack of scientific research, evidence, and proof, many psychologists believe that it is not justified. In fact, several people believe that women who kill should be treated by the courts with the existing laws that have serves us well for so long(Dixon). However, others would argue that the trauma that the abuser put the battered woman through was enough to put her in a state of mind to kill and that her punishment therefore be minimized. Similar to self-defense, the Battered Woman Syndrome defense will constantly be battled within criminal court cases. Whether the jury decided to believe it, is up to them.

Works Cited
"Battered Woman Syndrome | RAINN | Rape, Abuse and Incest National Network." Battered Woman Syndrome | RAINN | Rape, Abuse and Incest National Network. Web. 06 May 2012. .
Dixon, Joe W. "Battered Woman Syndrome." Battered Women Syndrome. Jan. 2002. Web. 06 May 2012. .
Jackson, Dana N. "Admissibility of Evidence of Battered Woman 's Syndrome Evidence on Issue of Self-defense  Tags: Evidence  ." Home. Oct. 2010. Web. 06 May 2012. .
McElroy, Wendy. "Battered Women’s Syndrome: Science or Sham?: Newsroom: The Independent Institute." The Independent Institute. Web. 06 May 2012. .
Raybin, David L. "Battered Woman 's Syndrome: Trial Tactics." Battered Woman 's Syndrome: Trial Tactics. Hollins, Raybin & Weissman, P.C., 2005. Web. 06 May 2012. .

Cited: "Battered Woman Syndrome | RAINN | Rape, Abuse and Incest National Network." Battered Woman Syndrome | RAINN | Rape, Abuse and Incest National Network. Web. 06 May 2012. . Dixon, Joe W. "Battered Woman Syndrome." Battered Women Syndrome. Jan. 2002. Web. 06 May 2012. . Jackson, Dana N. "Admissibility of Evidence of Battered Woman 's Syndrome Evidence on Issue of Self-defense   Tags: Evidence  ." Home. Oct. 2010. Web. 06 May 2012. . McElroy, Wendy. "Battered Women’s Syndrome: Science or Sham?: Newsroom: The Independent Institute." The Independent Institute. Web. 06 May 2012. . Raybin, David L. "Battered Woman 's Syndrome: Trial Tactics." Battered Woman 's Syndrome: Trial Tactics. Hollins, Raybin & Weissman, P.C., 2005. Web. 06 May 2012. .