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Topic: Battered wife syndrome


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In the News (Thu 4 Dec 08)

  
  Battered wife syndrome defense a first in RP courts - Jan. 25, 2004
The Supreme Court decision sparing Marivic Genosa from the death penalty on the ground that she was suffering from the "battered wife syndrome" sets a legal precedent whose impact goes beyond cases of parricide or even domestic violence.
In 2000, the Supreme Court accepted the "battered wife syndrome" as a mitigating circumstance in the crime and returned Genosa's case to the Ormoc regional trial court.
The "battered wife syndrome," especially when corroborated by mental health professionals, could thus be used in the legal defense of women in similar circumstances as Genosa.
www.inq7.net /nat/2004/jan/25/nat_6-1.htm   (504 words)

  
 MenWeb - Battered Men Dutton : Wife Abuse - it's not the patriarchy. Full article.
Bograd describes the four dimensions of analysis that are common to feminist perspectives on wife abuse: the explanatory utility of the constructs of gender and power, the analysis of the family as a historically situated social institution, the crucial importance of understanding and validating women's experiences and the employment of scholarship for women.
While batterers may appear powerful in terms of their physical or sociopolitical resources, they are distinctly impotent in terms of their psychic and emotional resources, even to the point of depending on their female partner to maintain their sense of identity (Dutton, 1992).
A complete theory of wife assault must locate a man's violence in the normal learning environment to which that man has been exposed and it must be able to differentiate assaultive from non-assaultive males on the basis of differences in that learning environment.
www.batteredmen.com /duttfull.htm   (6400 words)

  
 Developments in the Law Affecting Women—Law Day 1988, page 9
"Battered wife syndrome" is the term used to describe the pattern or cycle of abuse which lead women to the violent act of killing their spouses.
The syndrome involves a decrease in the woman's self-esteem, an emotional dependence on the male and a type of "learned" helplessness, which force the woman to view killing the batterer as the only means to end the violent relationship.
Although the theory underlying "battered wife syndrome" is not without its problems, even if not admissible at trial, it provides the courts and law enforcement officials a deeper understanding of battered women and battered women who kill.
www.courts.state.ny.us /history/elecbook/lawday88/pg9.htm   (1825 words)

  
 Supreme Court accepts battered wife syndrome defence - Supreme Court accepts battered wife syndrome defence - CBC ...
Psychiatrist and expert witness Dr. Fred Shane testified that Lavallee's behaviour was evidence of battered wife syndrome.
Battered wife syndrome is a recognized psychological condition that describes how women, abused for long periods of time, can become severely depressed, suffer from low self-esteem and become incapable of taking independent action.
The acceptance of battered wife syndrome was heralded by many women as a triumph.
archives.cbc.ca /IDC-1-69-2194-13238/life_society/twt/clip1   (609 words)

  
 THE BATTERED WOMAN SYNDROME REVISITED: SOME COMPLICATING THOUGHTS FIVE YEARS AFTER R. v. LAVALLEE   (Site not responding. Last check: 2007-11-02)
Battered woman syndrome was developed to show how a woman's actions in taking lethal self-help against her abuser were reasonable, yet by emphasizing the cognitive limitations that stem from learned helplessness, battered woman syndrome depicts a person who is not capable of reasonable action and, thus, is not capable of exercising self-defence.
In the other case, battered woman syndrome was raised to show how a woman who had been abused by men throughout her life could reasonably have perceived herself as being under threat by a stranger who made several unwanted sexual advances.
The feminist concern that the battered woman syndrome will lead to the creation of a stereotype of the 'deserving' or 'authentic' battered woman may explain, at least in part, the guilty pleas entered in some of the cases in which women were charged with killing their abuser.
www.utpjournals.com /product/utlj/471/471_shaffer.html   (13343 words)

  
 [No title]
The DPP accepted the defences as pleaded and a plea of guilty to the lesser charge of manslaughter was recorded.[2] The case is believed to be the first in Australia to successfully rely on the "battered wife (spouse) syndrome" in a same sex relationship.
Whilst media attention on the case has focussed exclusively on the use of the "battered wife syndrome", and has produced 'titillating' mainstream media headlines like "Gay Killer was Battered Wife"[3], the case importantly draws attention to the little discussed problem of domestic or intimate violence in same sex relationships.
Hart[11] defines lesbian battering as: That pattern of violent and coercive behaviours whereby a lesbian seeks to control the thoughts, beliefs, or conduct of her intimate partner or to punish the intimate for resisting the perpetrator's control over her.
www.murdoch.edu.au /elaw/issues/v3n4/vickers.txt   (8874 words)

  
 North Carolina v. Norman
The Court of Appeals reasoned that the nature of battered wife syndrome is such that a jury could not be precluded from finding the defendant killed her husband [***13] lawfully in perfect self-defense, even though he was asleep when she killed him.
It has even been suggested that the relaxed requirements of self-defense found in what is often called the "battered woman's defense" could be extended in principle to any type of case in which a defendant testified that he or she [***28] subjectively believed that killing was necessary and proportionate to any perceived threat.
This, in fact, is a state of mind common to the battered spouse, and one that dramatically distinguishes Judy Norman's belief in the imminence [***37] of serious harm from that asserted by the defendant in Mize.
mason.gmu.edu /~weitzman/ncvnorma.htm   (7186 words)

  
 DivorceNet - What is Battered Woman's Syndrome?
Although a few cases concerning battered woman's syndrome were heard in the late 1970's, the true watershed case was State v.
Kelly stated that the battered woman syndrome, hereinafter referred to as "BWS", is admissible to aid juries in assessing a defendant's perception of danger posed by the abuser.
Placing the child with the batterer perpetuates the cycle of violence by exposing the child to an environment in which violence is acceptable behavior.
www.divorcenet.com /states/oregon/or_art02   (1864 words)

  
 Convince a Battered Woman to Seek Help
A battered woman is often isolated from family, friends and support and sustains a constant barrage of insults which convince her she is unworthy of a better life.
Even if a battered wife is affluent and able to leave, she may fear her husband will use his money and connections to track her down.
Yet, refuge does exist for the battered woman and her children, at domestic violence shelters.
charityguide.org /volunteer/fifteen/battered-women.htm   (443 words)

  
 IPT Journal - "Syndrome Testimony, Base Rates, and What the Expert Can Ethically Tell the Trier of Fact in Alleged ...
On the other hand, a syndrome is a group of signs and symptoms that are based on their frequent mutual occurrence that may suggest a common underlying course, pattern, or treatment selection, but do not necessarily imply a specific cause.
Myers (1992) suggests that it is important to locate syndromes on a "continuum of diagnostic certainty." Some syndromes point with greater certainty to their causes than others do.
On the other hand, those syndromes that fall outside the traditional meaning of syndrome and do not point to a particular cause are considered to be "non-diagnostic syndromes" and, according to Meyers, should not be admissible as evidence to prove that a person's symptoms resulted from a particular cause.
www.ipt-forensics.com /journal/volume11/j11_1_1.htm   (2352 words)

  
 Mailgate: soc.women: Wife hacks spouse to death, claims battered-wife syndrome   (Site not responding. Last check: 2007-11-02)
As the woman goes to trial, the man-haters are out in force, claiming she was a battered woman and/or that she acted in self-defense.
She is to be in Oakland County Circuit Court today with a slew of motions for her upcoming trial, including a request by her attorney that she be released on bond.
Was she a frightened, battered wife, striking back to protect herself, or a bitter, angry woman who had let herself become consumed with murderous rage?
mailgate.supereva.it /soc/soc.women/msg26693.html   (1108 words)

  
 E Law: The Second Closet: Domestic Violence in Lesbian and Gay Relationships: A Western Australian Perspective
Whilst media attention on the case has focussed exclusively on the use of the "battered wife syndrome", and has produced 'titillat ing' mainstream media headlines like "Gay Killer was Battered Wife"[3], the case importantly draws attention to the little discussed problem of domestic or intimate violence in same sex relationships.
Hart[11] defines lesbian battering as: That pattern of violent and coercive behaviours whereby a lesbian seeks to control the thoughts, beliefs, or conduct of her intimate part ner or to punish the intimate for resisting the perpetrator's control over her.
It is interesting to note that an examination of gay and lesbian media publications[81] reveals an absence of coverage of domestic violence, other than the articles generated by OSADV during their short campaign and the recent coverage of the battered spouse syndrome in the McEwan case.
www.murdoch.edu.au /elaw/issues/v3n4/vickers.html   (9820 words)

  
 Trade Union Congress of the Philippines   (Site not responding. Last check: 2007-11-02)
The court held that “the existence of the syndrome in a relationship does not in itself establish the legal right of the woman to kill her abusive partner.
SAYING it has learned so much from her case, the Supreme Court has saved a battered wife from lethal injection after it reduced from death to a maximum of 14 years in prison the penalty imposed on her by the lower court for killing her abusive husband nine years ago.
However, only 1,709 of the reported battering cases have been filed in court, while 1,490 have been referred to the barangay, 805 cases were settled by the parties at the police station, 363 are still under investigation and 207 were forwarded to the Department of Social Welfare and Development.
tucp-ph.org /daw/weblog.php?id=D20040123   (942 words)

  
 Battered Woman Syndrome   (Site not responding. Last check: 2007-11-02)
To be sure women are battered in this country at what appears to be epidemic proportions; however, to date there is insufficient empirical evidence to show that BWS per se meets the rigorous diagnostic criteria of psychology or psychiatry for a mental disorder.
Originally proposed as a theory entirely sympathetic to women who were battered and who killed in order to stop the battering, the syndrome now reinforces some of the most archaic and destructive stereotypes historically attached to women.
This syndrome alleges that young women who were sexually abused as children by their fathers repress the memory of these traumatic events, they later suffer depression and personality adjustment problems of serious proportions, and other psychological problems as well.
www.psychologyandlaw.com /battered.htm   (2253 words)

  
 Battered wife syndrome defense a first in RP courts - Jan. 25, 2004
A promising development, apart from the latest Supreme Court decision, is the passage by the House and the Senate of a bill making domestic violence, or the abuse of a spouse, live-in partner or girlfriend or boyfriend, a distinct crime.
Now being finalized by a bicameral conference committee, the Anti-Violence Against Women and Children Act is expected to provide more protection to battered women and other members of the household as it includes "protection orders" that would require a suspected abuser to keep a certain distance from the complainant.
With this law in place and fully implemented, perhaps there might no longer be any need for any woman to invoke the "battered wife syndrome" as she would no longer need to resort to killing to protect herself from an abusive spouse.
www.inq7.net /nat/2004/jan/25/nat_6-2.htm   (367 words)

  
 Husband Abuse
In 18th-century France, for example, battered husbands were forced to don garish outfits and ride backward on a donkey through the center of town.
PMS, battered wife syndrome and postpartum depression are all ways that society continues to explain away a woman's aggressive impulses.
When Dr. Suzanne Steinmetz had the audacity to publish "The Battered Husband Syndrome" in 1978, a study that found that more women then men initiated domestic violence, feminist groups were on her like an animal.
www.menstuff.org /issues/byissue/husbandabuse.html   (724 words)

  
 Forensic Glossary - B
"the phrase 'battered child syndrome' was originated by Henry Kempe in 1962 to emphasize the malevolent actions perpetrated on children by their parents or other adults.
"the label 'battered child syndrome' was replaced by the term 'child abuse and neglect' in 1975 (Rawlins & Drake, 1993).
"the battered child syndrome is the term used to describe a clinical condition in young children who have received non-accidental, inexcusable violence or injury, ranging from minimal to severe or fatal trauma, at the hand of an adult in a position of trust (generally a parent or guardian" (Cameron & Rae, 1975).
www.forensiceducation.com /sourcebooks/glossary/b.htm   (2491 words)

  
 Chronic Pain in Litigation - New England Psychodiagnostics
A syndrome, on the other hand, is a concurrence of certain symptoms which together presume a destructive process in the body, e.g., Tourette's Syndrome, Premenstrual Syndrome, Irritable Bowel Syndrome (3, 4).
In the various syndromes that are claimed to be the result of personal injury, the symptoms presented in this case example are often the main complaints.
The diagnosis is made on the basis of characteristic symptoms of Postconcussion Syndrome, with the continuation of some of the mental complaints said to be the residual effect of brain injury.
www.psychlaw.com /LibraryFiles/SomatoformSyndromes.html   (6579 words)

  
 Battered woman defence - Wikipedia, the free encyclopedia
The term "battered woman syndrome" was coined by American feminist and psychologist Lenore Walker.
It is about the rational act of a person who kills in order to save her (or his) own life (see Osland v The Queen [1998] HCA 75 (10 December 1998)[4]).
Similarly, The Queen v Epifania Suluape (2002) NZCA 6 (21 February 2002)[8] deals with a wife who pleaded provocation after killed her husband with an axe when he proposed to leave her for another woman.
en.wikipedia.org /wiki/Battered_wife_syndrome   (2733 words)

  
 Battered wife syndrome: overview of dynamics and treatment -- Goodstein and Page 138 (8): 1036 -- Am J Psychiatry
Battered wife syndrome: overview of dynamics and treatment -- Goodstein and Page 138 (8): 1036 -- Am J Psychiatry
Battered wife syndrome: overview of dynamics and treatment
The battering syndrome is not a disease per se because
ajp.psychiatryonline.org /cgi/content/abstract/138/8/1036   (154 words)

  
 Problem Set: Week 3
It is not present in all instances, but battering is more likely to occur when the male and/or female have been drinking than when they have not been drinking.
Imagine that a husband and wife are discussing financial matters at the dinner table because they are having trouble paying all of their bills.
In many instances in which battered women have killed their husbands, they have done so not in the heat of a battering.
psy.ucsd.edu /~eebbesen/psych16298/162Week3_Issues.html   (5370 words)

  
 ceadults.htm   (Site not responding. Last check: 2007-11-02)
Police, prosecutors and judges lack education, training, sensitivity and understanding of the cycle of violence, the "battered wife syndrome" and the overall complexity of domestic violence.
Police accept verbal assurances from the batterer that the batterer will not do it again or that the victim started it, even though research has documented the reoccurring and escalating cycle of violence and a high rate of recidivism in domestic violence cases.
Police frequently undercharge the batterer with a municipal ordinance violation of disorderly conduct, or the misdemeanor offenses of simple battery or criminal trespass, where the facts often show the more serious misdemeanor offense of battery or the more serious felony offense of aggravated assault.
www2.state.ga.us /Courts/supreme/ceadults.htm   (3718 words)

  
 Why Women Stay: Understanding The Battered Wife
Once the reasons they don't are understood, it becomes clear why battered women so often react with shame and confusion when asked to explain their behavior, and why it is so inappropriate to conclude that if they were up against real abuse they would leave.
I think this is much the same state battered women speak of as a "fog" they existed in while living with their abusers.
Prompted by an article in a local newspaper that questioned the reality of "battered wife syndrome" and suggested that women suffering "real" abuse leave their partners.
harmoniaonline.com /Articles/WhyWomenStay.html   (764 words)

  
 Deceptions of many forms are faced by forensic psychiatry and psychology   (Site not responding. Last check: 2007-11-02)
She will discuss the dynamics and criteria of the battered wife syndrome and the effects on a community as well as the long-term therapeutic needs of such a victim.
This article highlights the history of factitious syndromes as a disorder, reviews the diagnostic criteria and usual clinical presentation, examines diagnostic and therapeutic difficulties associated with suspected cases of factitious disorders, discusses the variations and subtypes of factitious disorders, and suggests treatment approaches for this most elusive disorder.
As in the case of factitious disorder, this condition is distinguished from psychogenic conditions by the complex voluntary behavior involved in creating the symptoms and is separated from malingering where patients feign or fabricate illness to gain specific (i.e., secondary) gain.
www.forensicpsychology.org /exports/deception.htm   (3857 words)

  
 Trinidad and Tobago's Newsday : newsday.co.tt :   (Site not responding. Last check: 2007-11-02)
THE STATE’s counsel yesterday told a judge that his setting free of a Mathura woman on a bond on Wednesday, after she was charged with killing her abusive husband, was not a precedent to be followed in the sentence he (the judge) should impose on Point Fortin housewife Cecelia Bedeau.
Bedeau, 42, deemed by a psychiatrist as suffering from ‘Battered Wife Syndrome,’ will be sentenced today in the San Fernando High Court by Justice Anthony Carmona — the same judge who on Wednesday placed Mathura housewife Hilary Narine, on a bond and sent her home, after she (Narine) was charged killing her husband.
Pointing out that all Battered Women’s Syndrome cases were diffrent, some with more mitigation and others with more aggravation, Justice Camona announced that he needed to consider the arguments overnight before giving his sentence today.
www.newsday.co.tt /news/0,36936.html   (390 words)

  
 Sun.Star Manila - Editorial: A welcome development
FOR the first time in the country's judicial history, the Supreme Court used the Battered Wife Syndrome (BWS) defense in a case involving a woman who suffered years of maltreatment by an abusive husband.
Domestic violence happens and some cases are not reported because the battered wife is afraid and she does not want her family to be the subject of ridicule or gossip.
But it is not only the wife who is the victim in a battering case but the children as well, who suffer psychological trauma, when they see their mother beaten fl and blue.
www.sunstar.com.ph /static/man/2004/01/26/oped/editorial.html   (286 words)

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