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The battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife syndrome.
There is currently no medical classification to support the existence of this "syndrome" in the sense used by lawyers, though it has historically been invoked in court systems.
Although the condition is not gender-specific, the law has been persuaded to remedy perceived gender bias in the operation of the defense of self-defense by admitting evidence of the condition.
Thus, this is a reference to any person who, because of constant and severe domestic violence usually involving physical abuse by a partner, may become depressed and/or unable to take any independent action that would allow him or her to escape the abuse.
The condition explains why abused people may not seek assistance from others, fight their abuser, or leave the abusive situation.
Sufferers may have low self-esteem, and are often led to believe that the abuse is their fault. Such persons may refuse to press charges against their abuser, or refuse all offers of help, perhaps even becoming aggressive or abusive to others who attempt to offer assistance.
This has been problematic because there is no consensus in the medical profession that such abuse results in a mental condition severe enough to excuse alleged offenders.
Nevertheless, the law makes reference to a psychological condition, even though neither the DSM nor the ICD medical classification guides as currently drafted includes the syndrome in the sense used by lawyers.
Battered Women’s Syndrome
Battered Women’s Syndrome is considered to be a form of Post-Traumatic Stress.
Battered Women’s Syndrome is a recognized psychological condition that is used to describe someone who has been the victim of consistent and/or severe domestic violence. To be classified as a battered woman, a woman has to have been through two cycles of abuse.
What is a Cycle of Abuse?
A Cycle of abuse is abuse that occurs in a repeating pattern. Abuse is identifiable as being cyclical in two ways: it is both generational and episodic. Generational cycles of abuse are passed down, by example and exposure, from parents to children. Episodic abuse occurs in a repeating pattern within the context of at least two individuals within a family system. It may involve spousal abuse, child abuse, or even elder abuse.
A son, who is repeatedly either verbally or physically abused by his father, will predictably treat his own children in the same way. When a daughter hears her mother frequently tear down, belittle, and criticize her father, she will adapt a learned behavior which involves control through verbal abuse.
Similarly, a child who witnesses his parents engaging in abusive behaviors toward one another, will very likely subject his or her spouse to the same abusive patterns. These are examples of generational abuse.
The episodic cycle of abuse is characterized by distinct periods of behavior that eventually result in an extreme episode of verbal and/or physical abuse. Typically, victims of episodic abuse live in denial of this reoccurring pattern.
Stages of Battered Women's Syndrome
There are generally four stages in the battered women’s syndrome.
Stage One–Denial
Stage one of battered women's syndrome occurs when the battered woman denies to others, and to herself, that there is a problem. Most battered women will make up excuses for why their partners have an abusive incident. Battered women will generally believe that the abuse will never happen again.
Stage Two–Guilt
Stage two of battered women's syndrome occurs when a battered woman truly recognizes or acknowledges that there is a problem in her relationship. She recognizes she has been the victim of abuse and that she may be beaten again. During this stage, most battered women will take on the blame or responsibility of any beatings they may receive. Battered women will begin to question their own characters and try harder to live up their partners “expectations.”
Stage Three-Enlightenment
Stage three of battered women's syndrome occurs when a battered woman starts to understand that no one deserves to be beaten. A battered woman comes to see that the beatings she receives from her partner are not justified. She also recognizes that her partner has a serious problem. However, she stays with her abuser in an attempt to keep the relationship in tact with hopes of future change.
Stage Four–Responsibility
Stage four of battered women's syndrome occurs when a battered woman recognizes that her abuser has a problem that only he can fix.
Battered women in this stage come to understand that nothing they can do or say can help their abusers.
Battered women in this stage choose to take the necessary steps to leave their abusers and begin to start new lives.
The Women's Experience with Battering Scale (WEB) identifies 10 items that are unique to and consistent among women who have been victims of battering. Use the results to help decide if you need to see a doctor, mental health professional and/or seek support to further discuss your current relationship situation.
Instructions: Select the response that best describes how your partner makes you feel. Click the “submit” button at the bottom for your results.
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