Trials of battered women who kill: the impact of alternative forms of expert evidence

The introduction of battered woman syndrome testimony in trials of battered women who have killed has stirred considerable debate within the psycholegal community. Much of the controversy stems from the testimony's focus on the woman's passivity, as well as its partrayal of a single profile of battered women. In light of these concerns, proposals to alter the content of the testimony (e.g., dropping the syndrome terminology, focus on battered women's social reality as opposed to their psychological state and reactions) have surfaced. In the present research both the woman's prior response history (passive, active) and the presence of expert testimony (battered woman syndrome, social agency, no expert control) were manipulated in a homicide trial involving a battered woman who had killed her abuser. Overall, participants, drawn from both a university (N=195) and a nonuniversity setting (N=202), rendered more lenient verdicts and provided more favorable evaluations of the defendant's claim of self defense in the presence of expert testimony (either form) compared to a no expert control. Further, these effects were more pronounced for the student than the nonstudent sample. Implications of these findings for the use of expert evidence pertaining to battered women are discussed.     

Relationship status of battered women over time

A longitudinal study of 114 women, all having serious problems in intimate relationships, recruited from the community was undertaken in order to investigate relationship and battering status over time. In the original sample (N=193), 97 women were battered and 96 were not battered, as determined by an adaptation of the Conflict Tactics Scale. Of the 114 who returned approximately 2 and 1/2 years later, only 25% of the 51 originally battered women were still in that category. Discriminant function analysis using a combination of variables from established instruments (depression, self-esteem, physical symptoms, self-care agency) and in depth interview (education, relationship control, relationship duration, childhood abuse) failed to distinguish those battered from those not abused at Time 2. Results do not support a learned helplessness model for most women experiencing abuse, and they suggest that battered women seen in the health care and/or social services systems should be supported in a process of healthy decision making about their relationship status.     

Incarcerated Battered Women: A Comparison of Battered Women Who Killed Their Abusers and Those Incarcerated for Other Offenses

The present study compared battered women incarcerated for killing/seriously assaulting their abusers with battered women incarcerated for other offenses to explore possible similarities and differences in the characteristics and experiences of the two groups as well as to determine what factors may lead some battered women to use lethal force against their partners. Comparisons were made on a number of variables including sociodemographic factors, characteristics of the battering relationship, alcohol/drug use of battered women and their abusers, perceived social support, actions taken to end the violence, prior criminal behaviors, and childhood trauma factors. Findings revealed that women in the homicide/assault group were older, in the relationship longer and experienced a longer duration of violence in this relationship. They also experienced more frequent and severe battering, including sex assaults and sustained more injuries than those in the comparison group. Further, battered women who killed/seriously assaulted their partners were more likely to believe that their lives were in danger, were less likely to use violence against their partners, and were less likely to have a prior criminal record or to have served time previously. The implications of the findings are discussed.     

A comparison of sexual coercion experiences reported by men and women in prison

Comparisons were made between self-reports from 382 men and 51 women who had experienced sexual coercion while incarcerated. Victim data were obtained from a sample of 1,788 male inmates and 263 female inmates who responded to an anonymous written survey distributed in 10 midwestern prisons. Men reported that their perpetrators in worst-case incidents were inmates (72%), staff (8%), or inmates and staff collaborating (12%). Women reported that their perpetrators were inmates (47%) and staff (41%). Greater percentages of men (70%) than women (29%) reported that their incident resulted in oral, vaginal, or anal sex. More men (54%) than women (28%) reported an incident that was classified as rape. Men and women were similar in feeling depression; however, more men (37%) than women (11%) reported suicidal thoughts and suicide attempts (19% for men, 4% for women). Implications of results for prevention of sexual coercion in prison are discussed.     

Distress resulting from perceivers' own intimate partner violence experiences predicts culpability attributions toward a battered woman on trial for killing her abuser: a path model

Intimate partner violence (IPV) constitutes the majority of assaults against women in the United States, and greater than one third of female homicide victims are murdered by an intimate partner. In a small percentage of cases, battered women kill their abusers, and evidence of battering and its effects may be used to support a plea of self-defense in these cases. Prior research has shown that culpability attributions toward battered women who have killed their abusers are influenced by perceiver variables, including gender. The present study expands on this research by examining the influence of psychological distress resulting from perceivers' own IPV experiences--and the mechanisms of this influence--on their culpability attributions toward a battered woman defendant. Female undergraduates in the present sample (N = 154) read a vignette, adapted from an actual criminal case about a battered woman who had killed her abuser. Data supported a hypothesized path model, wherein participants reporting greater psychological distress resulting from IPV perpetrated against them perceived themselves more similar to the defendant, in turn empathized with her to a greater extent, and, in turn, attributed less legal culpability to her. Implications for future research are discussed.     

Battered wives,lawyers, and district attorneys: An examination of law in action

The legal services received by 146 Milwaukee women who had been beaten by their husbands, but had been free of the violence for at least a year, are described and evaluated. Of these women 106 recieved legal help in connection with at least one battering incident. Some women saw more than one member of the legal profession, so the total number of legal contacts among the 106 women was 255. There is evidence that lawyers and district attorneys were most likely to be used by those battered women for whom the use of personal strategies and informal help sources (such as family and friends) were ineffective in combatting the violence. Contrary to the negative image of lawyers and district attorneys found in the literature on wife beating, most legal service contracts were rated as very or fairly successful by the battered women. The more difficult and severe the situation, the higher the success ratings given to lawyers and district attorneys by their clients. Despite the generally positive reactions that most beaten women had to lawyers and district attorneys, there were many negative incidents reported, including district attorneys who refused service or discouraged battered women from filing charges, and lawyers who sided with the aggressors or attempted to meet their personal and professional needs at the expense of their clients. These incidents remind us that it would be useful to educate legal professionals about the nature of family violence, the situation and needs of battered women, and the legal and ethical responsibilities that lawyers and district attorneys have when they are contacted by battered women.     

The Effects of Childhood Physical Abuse or Childhood Sexual Abuse in Battered Women's Coping Mechanisms: Obsessive-Compulsive Tendencies and Severe Depression

What role does childhood abuse have on the coping choices made by a battered woman? Ancillary to a depression study (Bailey, 1996) in 79 battered women from a Houston area women's shelter were compared for past abuse experiences and how the women were coping with abuse in adulthood. This study compared coping styles between two groups of battered women: those who experienced childhood physically abuse (CPA) (n=35), and those who did not experience childhood physically abuse (NCPA) in childhood (n=44). All of the women filled out a battery of questionnaires including The Brief Symptom Inventory (BSI), and a scale for learned helplessness. A t-test conducted on obsessive-compulsive tendencies (OCT) scale of the BSI found that women who were NPPA had significantly lower BSI-OCT scores t(77)=−2.05, p < .05 than women who were PPA. No statistically significant differences were found between groups for learned helplessness. Out of the 35 battered women who reported physical abuse in childhood were more likely to report sexual abuse as girls than battered women who were not physically abused, t(77)=−3.40, p < .001. Battered women who had been physically and sexually abused in childhood were more severely depressed. Battered women who were not abused in childhood had more obsessive compulsive tendencies. The ramifications of these findings for therapeutic treatment are discussed.     

Jurors' knowledge of battered women

An increasing number of psychologists with expertise in the area of battered women are participating in the legal system as expert witnesses and occasionally testify on behalf of a battered woman who has injured or killed her partner. Testimony about the battered woman syndrome has been offered to help the jury understand why the defendant reasonably perceived that she was in danger of harm. One of the requirements of expert testimony is that it be beyond the common understanding of the jury. Many commentators assume that jurors are uninformed or misinformed about battered women and, thus, that expert testimony is necessary to educate them. This study evaluated what jurors know about violent relationships. Approximately 300 jurors read scenarios about spousal violence and answered a questionnaire dealing with circumstances surrounding such abuse. Results suggest that on certain dimensions of spousal violence, jurors are aware of empirical research findings. On other dimensions, jurors are less well-informed and could potentially benefit from the testimony of an expert.     

The impact of specific battering experiences on the self-esteem of abused women

This study examined the self-esteem of 48 women who were identified as battered and compared them to a group of 48 nonbattered women. As expected, the group of battered women experienced lower self-esteem than the nonbattered women. Four clusters of battering experiences were also identified: Physical Abuse, Emotional/Controlling Abuse, Sexual/Emotional Abuse, and Miscellaneous Abuse. Analyses indicated that Emotional/Controlling abuse was the only abuse cluster that was significantly related to lower self-esteem. The findings suggest that abuse that is controlling in nature might play a significant role in the feelings of powerlessness and hopelessness noted in battered women and may contribute to the difficulty that some battered women have in terminating their abusive relationships.     

Factors moderating physical and psychological symptoms of battered women

Physical and psychological symptoms of battered women were investigated based on the theory that their ongoing victimization would produce stress-related symptoms. It was hypothesized that moderating variables (e.g., frequency and severity of abuse, predictability and controllability of abuse, social support networks) would influence the effects of abuse. Battered women (N = 234) were interviewed according to a structured format which allowed for behavioral indices of the data and categorization of the women's responses. Results indicated that frequency of abuse was a strong predictor of the number and severity of symptoms. Those women who could predict abuse experienced more symptoms. Severity of physical and psychological symptoms was predicted by a model including women with more injuries requiring medical attention, women adhering to traditional sex role values, and the presence of one type of emotional abuse. Battered women perceived their physical and emotional health as deteriorating during the relationship and during the abuse, but as getting healthier after the abuse ended. Future research needs to replicate these findings with a representative group of battered women who are still in the battering relationship.     

Depressive symptomatology,self-esteem,and self-blame in battered women

Thirty three currently battered women who sought counseling/support services from a Nassau County, New York community agency that provides services to victims of domestic violence participated. Eighty-nine percent of the women experienced severe acts of physical abuse and 31% of the women required surgery or suffered concussions as a result of their injuries. Fifty-two percent of the women scored above 20 on the Beck Depression Inventory. As the number, form, and consequences of physically aggressive acts increased and/or worsened, the women's depressive symptoms increased and self-esteem decreased. However, only 12% of the women in this sample blamed themselves for causing their partner's violence. Further, neither self-blame nor partner blame was associated with length of abuse or the frequency and severity of physical aggression. However, self-blame was marginally associated with depressive symptomatology.     

Counseling services for battered women: a comparison of outcomes for physical and sexual assault survivors

Approximately 15% of married or cohabiting women and as many as 60% of battered women are raped at least once by their partners. This study compared community-based counseling outcomes of battered women with outcomes of women who were both raped and battered by their partners. Over time, both groups improved in wellbeing and coping. Although those both battered and raped progressed more in counseling, they had lower scores before and after counseling compared to women who were battered only. Implications for research and intervention are discussed.     

Battered women who kill their abusers: an examination of commonsense notions, cognitions, and judgments

It has been argued that battered women who kill their abusers represent a special class of defendants being unfairly treated in the legal system. As a result, commentators have argued for reforms to permit the judicial system to respond more fairly. Researchers have investigated the influences of these prescribed legal modifications and the possible influence of various demographic and psychological factors on legal reforms. However, social scientists have not yet asked some fundamental, psychological questions. Is the law consistent with what society believes is right and just? Is there a commonsense notion of justice in these cases? What factors constitute cognitive decision rules and influence judgments in cases of battered women who kill their abusers? This study uses a basic, psychological method to identify psychological factors that are important in judgments regarding battered women who kill and to better understand commonsense notions of justice in these cases.     

Motives for maternal filicide: results from a study with female forensic patients

The objective of this study was to examine different motivational factors, leading mothers to commit neonaticidal, infanticidal or filicidal acts. This study was based on data gathered through a retrospective chart review of all filicidal women admitted to the Mid-Hudson Forensic Psychiatric Hospital in New York State (MHFPC) between 1976 and 2000 (n=57). Because our sample was drawn from MHFPC records it excludes filicidal mothers who went directly to prison. Our women were either found not competent to stand trial, or found not guilty by reason of insanity, or were convicted offenders who were seriously mentally ill and were not sent to prison. Fourteen percent committed neonaticide, meaning that they killed their child within the first day of its life; 21% killed the child after the first day but before it reached its first birthday (infanticide); and 65% committed filicide by murdering a child older than one. Two groups of women could be identified as having different motivational profiles: The neonaticidal mothers were mostly troubled by psychosis and social problems while the filicidal women were defined as severely depressed, with a history of self-directed violence and a high rate of suicide attempts following the filicidal offense.     

Correlates of depressive symptoms among battered women

It is important to examine the concomitants of depressive symptoms reported by battered women because of the high frequency and potentially vulnerability-enhancing effects of these symptoms within battering relationships. In the present study, 10 environmental and behavioral skills correlates of depressive symptoms were examined in 136 battered women. The results of the Simultaneous Multiple Regression suggested that 46% of the variance in depression scores could be accounted for by scores on measures of these 10 variables. Four variables were found to be uniquely and significantly associated with depressive symptoms: self-reinforcement, realistic assessment, number of losses, and a history of depression. These results suggest that battered women who realistically assess their battering relationship and who report poor self-reinforcement skills, losses, and histories of depression may be at particular risk for depression.     

Differential patterns of partner-to-woman violence: A comparison of samples of community,alcohol-abusing,and battered women

This paper compared a sample of women in treatment for alcoholism (N = 45) with a randomly selected sample of women from the local community (N = 40), and a sample of women receiving services for victimization by severe partner violence (N = 38). Conflict Tactics Scale (CTS) items were dichotomized into low frequency of partner violence (twice per year or less) and high frequency of violence (once per month or more), and then summed to yield separate low frequency and high frequency scores for each CTS subscale. Results showed that at the high frequency level, battered women reported the highest scores on each subscale, alcoholic women the second highest, and the community sample of women reported the lowest level of violence. A multiple regression analysis revealed that being in the alcoholic sample significantly predicted high frequency negative verbal interaction and moderate violence, controlling for presence of a partner with alcohol-related problems and demographic differences among the samples.     

DOES VIOLENCE INVOLVING WOMEN AND INTIMATE PARTNERS HAVE A SPECIAL ETIOLOGY?*

We used data from a survey of inmates who have committed homicide or assault to examine whether men and women who have killed or assaulted their intimate partners are different from other violent offenders. A “gender perspective” implies that intimate partner violence and violence between the sexes have different etiologies than other types of violence, whereas a “violence perspective” implies that they have similar etiologies. Our evidence supports a violence perspective. In general, offenders who attack their partners are similar to other offenders in terms of their prior records, alcohol and drug use, and experiences of abuse. We observed some differences between men who attack women (including their female partners) and other male offenders, but the differences were opposite those predicted by a gender perspective. For example, men who attacked their partners were particularly likely to have been abused by their partners. In addition, men who attacked women were particularly likely to have experienced sexual abuse during childhood and to have been intoxicated at the time of the incident. These results suggest that some well-known predictors of violence are particularly strong predictors of male violence against women and female partners.     

Social Bridges Falling Down: Reconstructing a ‘Troublesome Population’ of Battered Women through Individual Responsibilization Strategies

The Bridges work preparation program is a deliberate government-sponsored strategy to help and empower battered women to take responsibility for their own lives. However, while the Bridges program promotes the freedom to make choices, in reality there is little choice when powerful governments coerce battered women to align their personal choices with government goals. The Bridges work preparation program presents ultimatums to powerless women in the same way that male batterers present ultimatums to their female victims. Ultimatums to battered women in order to stay in the Bridges program are that they take individual responsibility to be free of their abusers, to be alcohol and drug free, to have their children in day care, and to be motivated to get employment. The Bridges program arguably puts too much responsibility on individual battered women to extricate themselves from the everyday lives of assault and violence and distances government from its social responsibility for helping battered women. In order to help battered women, governments must engage in social programs assisting them to relocate from one welfare office to another and assist with day care, transportation, and cash. This assistance will make disengaging from batterers a real alternative. Otherwise, alternatives for battered women are dependence on batterers or dependence on the state for social assistance.     

How shelter counselors' views about responsibility for wife abuse relate to services they provide to battered women

A survey of shelter counselors found their views of responsibility for wife abuse were significantly related to their: (a) support of a battered woman's decision to remain married, and (b) belief that battering husbands can stop being abusive. Counselors who viewed the husband and wife as equally responsible for wife abuse were the most supportive of a woman's decision to remain married and were most likely to believe that batterers are able to stop being abusive. Counselors who viewed the batterer as completely responsible for wife abuse were more likely to encourage battered women who want to remain married to end their marriage, and believe batterers are unable to stop being abusive.     

Pathways of Victimization and Resistance: Toward a Feminist Theory of Battered Women’s Help‐Seeking

Although intimate partner abuse has been extensively researched over the last thirty years, battered women’s help‐seeking remains perplexingly undertheorized, particularly within criminology. This analysis aims to offer a corrective by applying the feminist pathways theoretical model—which examines women’s and girls’ offending behaviors in the context of their past victimization experiences—to battered women’s help‐seeking. Data from in‐depth life history interviews with 22 battered women in two states indicate that the women’s childhood victimization experiences informed their adult help‐seeking decisions in meaningful ways. The primary theoretical contribution of this analysis is the identification of specific mechanisms—five help‐seeking inhibitors and three help‐seeking promoters—through which childhood victimization influenced participants’ help‐seeking. Results of this analysis demonstrate the benefit of a feminist pathways theoretical model of battered women’s help‐seeking in order to better understand how pathways of victimization and resistance develop over the course of women’s lives.