A Feminist Critique of Self-Defense and Provocation in Battered Women's Cases in England and Wales

This paper critically examines the law of self-defense and provocation in cases where battered women kill their partners. It is argued that neither self-defense nor provocation adequately recognizes the situation most battered women find themselves in, and the present criteria for both defenses reflects this inadequacy. Legal advocates and supporters of battered women who kill have thus sought to find alternative strategies for battered women's defense cases. One of these has been the introduction of expert evidence on the battered woman syndrome. This paper will consider the implications of introducing the battered woman syndrome into the English legal system.     

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.     

Battered woman syndrome evidence in the courtroom

The use of battered woman syndrome evidence has been advocated in trials of battered women who assault or kill their abusers. The present article reviews existing legal and psychological literature addressing the use of this form of expert testimony. As the review will indicate, there are, at present, substantial gaps in our knowledge about its scientific status and its impact on legal proceedings. The goal of the article is to highlight some of the central concerns surrounding the use of bettered woman syndrome evidence and to encourage additional research on the subject.Thanks are extended to R. Lalonde for comments on earlier versions of this paper.     

Battered woman and public opinion: Some realities about the myths

Expert testimony regarding the battered woman syndrome is often presented at trial on behalf of women charged with killing their batterers. Where courts have admitted such testimony into evidence, they have done so on the theory that the testimony is needed to dispel common myths regarding battered women—e.g., erroneous beliefs that battered women are masochists, who are somehow responsible for the battering they suffer and could avoid being battered by simply leaving their batterers. To date, however, there is no published empirical evidence that either jurors or members of the public at large hold such erroneous beliefs. The results of this study provide empirical support for the judicial hypothesis. These results suggest that many members of the general public eligible for jury duty do, in fact, hold erroneous, stereotyped beliefs about battered women.     

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.     

A case of Churg-Strauss syndrome

A 54-year-old woman died after being battered, but the forensic autopsy revealed that her injuries were not serious or lethal. A detailed histological examination revealed that the basic disease had been Churg-Strauss syndrome. The differentiation of this syndrome of pulmonary infiltration and eosinophilia (PIE syndrome) from other allergic and noninfectious granulomatoses needs cautions consideration.     

Domestic violence: a medicolegal review

This paper reviews the recent medical and legal literature in the field of spouse abuse. Domestic violence is a national phenomenon that directly affects victims of spouse abuse and indirectly conditions the children of the victims to accept violent behavior as normative. This paper characterizes the cycle of violence battered women encounter, describes their injury patterns, explores the dynamics of the abusive relationship, and discusses the factors that compel women to remain in such violent relationships. The second section describes many of the recent legislation designed to prevent spouse abuse. Next, this paper addresses the case law utilizing the "battered woman syndrome" as a defense for spousal homicide. The third section of the paper explores the often neglected topic of the battered husband.     

Signs of Fungal Infection in Dead Mimic the Chronic Torture

The cases of battered woman syndrome (BWS) are very common in India. The majority of the women suffer battering by their family members especially in‐laws. The injuries occurring each time indicate their being battered, but on being questioned about these happenings, a mismatched history being given by them is the major indication of BWS. In many of the cases, the injuries present over the body either in healing stages or in association with skin diseases may mislead the forensic pathologists and investigating agencies. One such rare autopsy was conducted where the healing lesions of the chronic fungal infections were mistaken as the injuries of chronic torture. The case is presented here to remind to the forensic pathologist about the possibility of the signs of chronic fungal infections in dead, which can mimic the torture, and to discuss its medicolegal implications.     

The impact of battered woman syndrome evidence on jury decision processes

The impact of battered woman syndrome testimony on jury decision processes in trials of battered women who kill their abusers was investigated in two separate studies. It was hypothesized that the presence of the testimony would influence jurors' verdicts via its mediating effect on the jurors' interpretations of the battered woman's beliefs and actions and that its impact would vary as a function of the degree to which it was linked to the woman on trial. In Experiment I, subjects read a homicide trial involving a battered woman who had killed her husband. They received either no expert testimony (control), expert testimony presenting general research findings on the battered woman syndrome (general expert), or expert testimony in which the expert supplemented the general information with an opinion that the defendant fit the syndrome (specific expert). The presence of the specific expert, compared to the control, led to interpretations that were more consistent with the woman's account of what occurred; these interpretations, in turn, were related to more lenient verdicts. Experiment 2 investigated the effects of the testimony on small groups of deliberating jurors. Compared to the control condition, a moderate shift in verdicts from murder to manslaughter was found in both expert conditions. Content analyses of the deliberations, as well as postdeliberation judgments, indicated that the presence of the testimony led to interpretations that were more favorable to the battered woman's claim of self-defense.Preparation of this research, was supported in part by Fellowships from the Social Sciences & Humanities Research Council of Canada and the Law and Social Science Program of Northwestern University. I. wish to thank Neil Vidmar and James Olson for their invaluable advice throughout all stages of the research, as well as Shari Diamond, Tom Tyler, Richard Lalonde, and Doug McCann for their helpful comments, on earlier drafts of the article. For their diligence and patience in coding the data, I would like to thank Cindi Chandler and Audi Grant.     

The perceived impact of a child maltreatment report from the perspective of the domestic violence shelter worker

The purpose of this study is to examine domestic violence shelter workers' perceptions of child maltreatment reporting. A sample of 82 professionals from domestic violence shelters across the United States participated in a survey focusing on a variety of different types of reports and the frequency of both positive and negative outcomes arising from these reports. Possible outcomes included in the study are damage to the relationship between the worker and the battered woman, disempowerment of the battered woman, discouragement from seeking further help, protection of the child, further traumatization of the child, further disruption to the family, and damage to the woman's likelihood of maintaining custody. Significant differences in perceived impact are found based on identity of abuser (spousal batterer vs. battered woman) and nature of report (child as witness to domestic violence vs. child as victim of abuse). These results point to the complexity of perceptions regarding the impact of reporting.     

Expert Testimony Pertaining to Battered Woman Syndrome: Its Impact on Jurors' Decisions

Participants (N = 200) were presented with a criminal homicide trial involving a battered woman who had killed her abuser. Within the trial, both the response history (passive, active) and presence of expert testimony pertaining to battered woman syndrome (present, absent) were systematically varied. As well, half of the participants in each of these conditions were provided with a nullification instruction informing them that they were free to disregard the law and acquit should a strict application of the law result in an unjust verdict. Results indicated that, compared to the passive response condition, the mock jurors were no less receptive to the expert testimony in the active response condition. The impact of the testimony on participants' verdicts, however, was moderated by the nullification instruction. That is, although the presence of the testimony did result in greater verdict leniency, this only occurred when the mock jurors had been released from a strict application of the law. The implications of these findings are discussed.     

Battered woman syndrome testimony in Canada: its development and lingering issues

This article examines the status of battered woman syndrome (BWS) testimony in Canadian courts and assesses the impact of the leading decision, Regina (R.) v. Lavallee. Acknowledging the test of reasonableness in criminal trials was constructed on a male model, the Supreme Court in Lavallee corrected the gendered interpretation of women in abusive relationships by admitting the BWS evidence. Feminist legal scholars questioned whether Lavallee had succeeded in dispelling the stereotypes around battered women. These concerns were partially addressed in R. v. Malott, but some tough issues remain: applying the reasonableness test to women of color and the narrow base of BWS evidence. Some directions are discussed: discarding BWS testimony, framing a redefined and expanded BWS testimony, introducing a new defense based on self-preservation, and adopting an alternative interpretative frame such as "coercive control." The strengthening of BWS testimony would call for the judges' referencing of latest empirical research on battered women.     

An Ecological Study of Nonresidential Services for Battered Women Within a Comprehensive Community Protocol for Domestic Violence

This paper is an ecological study of services provided to 392 battered women under a comprehensive domestic violence protocol. It focuses on microsystemic interactions between battered women and battered women's services and legal systems. We examine the relationships between women's receipt of services from a battered women's agency, receipt of protective orders, and completion of prosecution of batterers. We also explore the associations between women's receipt of services and protective orders and their partners' subsequent arrests and police contacts. We use open-ended interviews with battered women and with staff of the battered women's agency to expand and illustrate the quantitative data. The analysis shows that when a woman received battered women's services or had a protective order, a completed court case was more likely and numbers of arrests rose. We found that these associations were strongest when women received both battered women's services and at least one protective order.     

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.     

Theoretical consideration of female sexual predator serial killers in the United States

Sexual predators represent the embodiment of the cultural definition of serial killing. In considering the female sexual predator serial killer, a review of the limited literature found a clear distinction between women acting alone versus in partnership. Several theories offered to explain the behavior of women in teams include shared psychotic disorder, Stockholm syndrome, posttraumatic stress disorder (PTSD), battered woman syndrome, and gender role socialization. Analysis of each with specific case examples found that gender role socialization appeared to be the most inclusive, explaining the participation of women in teams, as well as providing insight into both the criminal justice system and overall societal responses to female serial killers, as well as violent women more generally. The analysis concludes by describing the implications of the above speculations within the realms of prevention, treatment, and research, specifically concluding that women can commit willful violence and that low base rates should not impede attempts to understand and prevent such violence.     

Resignifications and subversive transformations: Judith Butler’s queer theory and women who kill

This article provides an empirical study of a number of cases dealing with women who kill their abusive partners and the construction of the battered woman syndrome in order to identity the possibilities for transformation within the legal system. Drawing upon the work of Judith Butler, the article will argue that the unstable nature of social terms and the nature of social power provides the potential for resignifying and subversively transforming the gender identities constructed and perpetuated by the law. In addition to outlining the defences for murder and engaging in a close examination of the cases, the article will also provide a critical analysis of Judith Butler’s approach to subject formation. Dr Anna Carline LLB (Hons), LLM, PhD. Law Lecturer, Liverpool John Moores University.     

Expert Evidence Pertaining to Battered Women: The Impact of Gender of Expert and Timing of Testimony

The present study investigated the impact of two variables relating to general expert testimony pertaining to battered women on juror decision processes. Specifically, the gender of the expert, as well as the timing of the presentation of the testimony, were investigated in a simulated homicide trial involving a battered woman who had killed her abuser. Results indicated that when the expert was female and the testimony was presented prior to the defendant's testimony, jurors' verdicts were more lenient. Moreover, across a range of case judgments, male jurors' perceptions were more favorable to the defendant when the expert was female as opposed to male. On two of the judgments this latter pattern of results was only evidenced when the testimony was presented early as opposed to late. The significance of these findings is discussed.     

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.     

Classification Typology and Assessment of Five Levels of Woman Battering

Family violence is a prevalent, dangerous, and often life-threatening social and public health problem. It is an indiscriminating crime that knows few boundaries, as recent annual estimates indicate that over 8.7 million women are battered by husbands, boyfriends, and other intimate partners [Roberts, 2002; Roberts & Roberts, 2005]. This article examines a new five-level classificatory schema or typology detailing the duration and severity of woman battering. Five hundred and one battered women completed in-depth interviews which formed the basis for a new classification typology ranging from short-term to chronic to homicidal levels. The current research on different types of battering relationships provides clinicians and forensic specialists with psychosocial indicators that can be utilized as a basis for early intervention and prevention of lethal consequences. The concept of the unknown prevalence of women abuse, or the “dark figure,” is also addressed in this article. Additionally, practical suggestions are made for implementing crisis intervention protocols.