Battered spause syndrome a legal defence

2. Battered-spouse syndrome is more commonly called "battered
women's syndrome "because most of the victims are women,
either wives or girlfriends of the perpetrators.
In recent years, however, abused husbands and boyfriends have
gained increased attention, as have same-
sex abuse by gay and lesbian partners.

3. The highly variable symptom complex of physical and
psychological injuries exhibited by a woman repeatedly
abused physically, Psychologically and sexually by her
partner, causing a mental condition similar to PTSD—
called battered wife syndrome, Battered women's
syndrome

4. The psychological symptoms suffered by a woman
repeatedly abused by a mate (as a husband) —
called Battered woman's syndrome

5.  The phrase battered
women's syndrome was first used in the early 1980
by Lenore Walker.
 As the concept of battered-spouse
syndrome became more clearly articulated in the 1980s an
d 1990s, the syndrome as a self-defense argument gained
strength.
 Lawyers began using the
battered woman" defence in Homicide
cases in which women killed their husbands or boyfriends.
 Many women claimed Self-
Defense, explaining that the murder victim had been physi
cally abusive for years.

6.  Governor Richard Celeste of
Ohio, who in 1990, granted clemency to 25 women wh
o had murdered their spouses.

7.  Battered woman syndrome begins as an abusive cycle
with three stages.
 First, the abuser engages in behaviours that create
relationship tension.
 Second, the tension explodes when the abuser commits
some form of abuse: physical, psychological,
emotional, sexual, or otherwise.

8.  Third, the abuser tries to fix his wrongdoing and
apologizes. This third stage is frequently referred to as
the “honeymoon” stage, and involves the abuser
making amends for his bad behaviour. During the
honeymoon stage, the abuser is forgiven, and the cycle
starts all over again.

9.  Some experts see the battering cycle as a circle, Walker
says. “I draw it as a graph because it repeats itself and
keeps getting worse and worse.”
 The cycle of abuse is a social cycle theory developed
in 1979 by Lenore E. Walker to explain patterns of
behaviour in an abusive relationship.

12.  Walker believes battered woman syndrome is a
subcategory of post-traumatic stress disorder (PTSD),
a psychological disorder that is the result of facing or
witnessing a terrifying event.
 The battered woman is so traumatized by her
partner’s abuse that she may believe she is in danger
even when she’s safe.

13. Symptoms Battered person
syndrome
Post-traumatic stress
disorder (PTSD)
The person fears for their
life
yes yes
Is fearful for more than 4
weeks yes
yes
Performance at work or
other important daily life
activities is affected
yes yes
Manipulated through threat
s of violence, unwanted
sex, degradation,
isolation and more
yes
Dislike their bodies and
experience somatic health
issues
yes
Sexual intimacy issues yes

14. DENIAL
The woman refuses to admit--even to herself--that she has been
beaten or that there is a "problem" in her marriage. She may call
each incident an "accident". She offers excuses for her husband's
violence and each time firmly believes it will never happen again.
GUILT
She now acknowledges there is a problem, but considers herself
responsible for it. She "deserves" to be beaten, she feels, because
she has defects in her character and is not living up to her
husband's expectations.

15. ENLIGHTENMENT
The woman no longer assumes responsibility for her husband's
abusive treatment, recognizing that no one "deserves" to be
beaten. She is still committed to her marriage, though, and
stays with her husband, hoping they can work things out.
RESPONSIBILITY
Accepting the fact that her husband will not, or can not, stop
his violent behaviour, the battered woman decides she will no
longer submit to it and starts a new life.

16. Wife barterers can be of any age, race or socioeconomic status, they
do often share some character traits.
 Mostly alcoholic
 Have come from home environments where battering took place.
 Be childlike, remorseful and yearning to be natured, when not
aggressive
 Be extremely jealous / possessive.
 Attempt to control every moment of the wife's life.
 Abuse the children (noted in between 25-54% of cases)

17. Those suffering from battered woman syndrome also
tend to have a uniform response to violence including:
 She takes full responsibility over the abuse, and finds
it difficult or impossible to blame the abuser himself.
 She fears for her safety.
 She irrationally believes that the abuser is all-
powerful and will hurt her if she contacts the
authorities and seeks help.

18.  signs of depression
 They may be less enthusiastic about the activities they
used to enjoy.
 They may also start to abuse drugs and alcohol.
 Agitation and anxiety verging on panic.
 Apprehension of imminent doom.
 The inability to relax or sleep.

19.  Nightmares of violence or danger
 Feelings of hopelessness and despair
Due to these extreme reactions to violence in the relationship,
those suffering from battered woman syndrome react to any
perceived danger (real or not) by pacing, increased activity,
screaming and crying.
 People suffering from battered woman's syndrome often are
passive and unable to act when the violence commences,
possibly due to learned helplessness.

20.  The battered woman defence is a defence used in
court that the person accused of an assault /murder was
suffering from battered women syndrome at the
material time.
 Defence is most commonly used by women, it is
usually characterised in court as battered woman
syndrome or battered wife syndrome.

21.  There is no medical classification for this specific
syndrome in the sense used by lawyers.
 Similar to an insanity plea, battered person syndrome is
purely a legal term used to refer to the
severe psychological trauma caused by domestic abuse.

22.  There is consensus in the medical profession that abuse
often results in PTSD .
 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.

23. Battered woman syndrome is not a legal defence in and of
itself, but may legally constitute partial or full defences in:
 Self-defence when using a reasonable and proportionate
degree of violence in response to the abuse might appear
the most appropriate defence but, until recently, it almost
never succeeded.

24.  Grave and sudden provocation
 Legal Insanity( M'Naghten Rules)
 Sustained provocation
 Diminished responsibility.

25. Grave and sudden provocation
 An offence can be classified a culpable homicide not
amounting to murder if there was provocation (words
and gestures .) from the deceased that was sufficiently
“grave and sudden” to deprive the accused of her
power of self-control.
 This is the defence usually pleaded by female offenders
with a history of abuse, but it is not available if time
lapsed between provocation and the criminal act.

26. Self-defence
 Self-defence operates as an exemption only if: There is
reasonable apprehension of grievous hurt or death.
 The act is proportional to the injury suffered.
 There is no time to seek recourse to the public
authorities.

27. Legal insanity
This defence is available if the accused was of unsound
mind at the time of the offence and was therefore
incapable of knowing the nature of the act.

28. Sustained provocation
The courts have in recent years introduced the defence of
“sustained provocation”, which has been applied in cases
where the provocation occurs over an extended period,
and need not be “grave and sudden”.
Poovammal v State of Tamil Nadu,have suggested that
the court could add the “sustained provocation” as one of
the Exceptions to Section 300 of the IPC.

29.  Suyambukkani v State of Tamil Nadu and Amutha v
State show that the defence of “sustained provocation”
has been recognised by the lower courts in India with
respect to female offenders who have a history of
abuse, there do not appear to be any judgments of the
Supreme Court dealing with a similar factual situation.

30.  In India battered woman syndrome is also known as the
“Nallathangal Syndrome” which is based out of Tamil
literature dealing with a similar concept.
 There is case law which discusses battered woman
syndrome and Nallathangal Syndrome to explain the
theory of sustained provocation as an exception and has
been used inter alia to reduce the sentences of women
who are charged with violent crimes.

31. The three Indian judgments,where battered woman
syndrome or Nallathangal Syndrome have been discussed
are:
 Manju Lakra v State of Assam (Gauhati HC)
 Suyambukkani v State of Tamil Nadu (Madras HC)
 Poovammal v State of Tamil Nadu.

32.  Angelina Napolitano
In what many consider the first battered woman syndrome defence in Canada,
on April 16, 1911, Sault Ste. Marie resident Angelina Napolitano took an axe
and killed her husband Pietro while he slept.
 The 'Burning Bed' case
On March 9, 1977, Michigan housewife Francine Hughes poured
gasoline around her husband's bed as he slept and set it on fire,
killing him. Hughes, who had suffered from years of abuse, was
found not guilty by reason of insanity. The case was chronicled in
a book titled The Burning Bed and later made into a TV movie
starring Farrah Fawcett.

33.  Margaret Ann Malott
On March 23, 1991, Margaret Ann Malott shot and killed her
estranged common law husband Paul Malott at a medical
centre. She then took a taxi to his girlfriend’s home and shot
and stabbed her with a knife, although the girlfriend survived.
 Barbara Sheehan
Last year, Sheehan was acquitted of second-degree murder
after having shot her husband, a retired police sergeant, 11
times in their New York home in 2008.

34. THANKS