Introduction
The Battered Woman’s Syndrome (BWS) is a term referring to women who are trapped inside or have recently emerged from a violent relationships which is characterized by cyclical violence. According to Zepinic (2021), the BWS was modeled after the type of post-traumatic stress syndrome occurring with veterans of Vietnam and applied to rape victims. Shrestha and Bhandari (2018) refer to it as to a learned helplessness which is triggered by physical violence; however, physical violence is almost always accompanied by psychological violence. This psychological violence demeans and degrades a woman, contributing to the destruction of her self-esteem and, consequently, her moral identity. The killing of the abuser by such a woman is often used as an example of justifiable homicide; however, it has a number of negative implications.
Battered Woman’s Syndrome
Defenders suggest that the cycle of violence in a relationship where a woman suffers battering excuses her killing her intimate assailant. Others claim that such women killing their oppressors are killers nevertheless, and are to be legally justified, not merely exonerated. Gosselin (2018) states that those arguing mainly disagree on whether the BWS is a legitimate defense or one’s attempt to avoid being convicted of murder. It is fair: when it comes to defense on behalf of the accused, some cases of it might be a valid application of the concept, while others might simply look like it. One must never doubt the possibility of any defense being used illegitimately.
As it has been mentioned above, the BWS is founded on the theory of a woman’s learned helplessness as the result of cyclical abuse. According to Gosselin (2018), this theory holds that the victim starts to believe that there is no way for them to influence the violence of the abuser or escape it. One of the reactions in the face of this perceived horrible reality for the victim is to turn to the only conceivable option, namely, the killing of the abuser. It is deemed self-defense, even considering a possible lack of impending danger of death or serious harm for the victim at the occurrence of the killing.
The main source of evidence on the BWS comes from expert testimony. Early attempts to initiate the syndrome’s recognition through psychiatrists was objected for several reasons, including its non-acceptance as scientific, though now expert witness testimony’s usage of the BWS as reasoning is admissible in most states. It is interesting to note that, according to Gosselin (2018), in recent years, controversy has arisen over the term “battered woman’s syndrome”, partly because it ignores men who are victims of domestic violence. Current research shows that every person, regardless of their gender, responds to domestic violence in a way that depends on numerous psychological and practical circumstances. Therefore, some experts suppose that the use of “battered woman’s syndrome” as a term is a non-appropriate basis for expert testimony.
Conclusion
In conclusion, the battered woman’s syndrome as a defense for excusable homicide, has a number of possible negative implications. First of all, it might simply be used as a loophole to escape punishment for the premeditated and deliberate killing. The BWS is founded on a theory describing the psychological state of the victim in a very specific way, which is not necessarily what every battered woman experiences. Secondly, the occurrence of the syndrome is not accepted as scientific knowledge, therefore, its legitimacy might be doubted. Thirdly, the name of the syndrome ignores the occurrence of male victims of domestic violence, and they might not receive the same treatment as women in the same situation.
References
Gosselin, D. (2018). Family and intimate partner violence: Heavy hands (6th ed.). United Kingdom: Pearson.
Shrestha, D., & Bhandari, N. (2018). Battered women syndrome: Need for judicial objectivity. The Kathmandu School of Law Review, 6, 149.
Zepinic, V. (2021). Battered women syndrome: A headache for medicine and law. Psychology, 12(6), 843-871.