| Let’s examine the legal implications of Battered | | | | is she took a life. He received no trial for his crime. |
| Woman Syndrome. BWS was first proposed in the | | | | Perhaps she did what she felt she needed to do, but |
| 1970’s. According to Joe Wheeler Dixon, PhD, JD | | | | she must also take responsibility for her actions. |
| BWS appears to be the product of legal advocacy | | | | In court, expert testimonial regarding domestic |
| and not science. BWS seems to owe its existence to | | | | violence can by used for various purposes: to |
| the needs of legal advocates to support and justify | | | | demonstrate the defendant is a battered woman, to |
| claims by battered women who have killed (their | | | | explain an abused woman’s state of mind and/or |
| batterers). The defense revolves around the | | | | conduct or to support a claim or the validity of a |
| woman’s mental deficiency and helplessness. | | | | particular defense. Experts have acknowledged that |
| Learned helplessness can be induced in lab animals, | | | | Battered Woman Syndrome is considered a |
| but no sudden rage or aggression. | | | | subcategory of Post Traumatic Stress Disorder, but |
| So, a battered woman kills her abusing husband. She | | | | not a mental disease in the context of insanity. |
| doesn’t do it during a beating, thereby being able | | | | According to Mary Ann Dutton, Ph.D.’s "Critique |
| to claim self defense; she probably can’t, | | | | of the Battered Woman Syndrome" Expert |
| he’s too strong. While he is awake and watching | | | | testimonial concerning battering and its effects |
| her, she suffers from learned helplessness; he has | | | | cannot adequately rely on a single construct such as |
| brainwashed her into thinking she is helpless and | | | | Battered Woman Syndrome: the comprehensive |
| worthless. She perhaps she kills him in his sleep | | | | body of existing knowledge cannot be so condensed. |
| because that’s the only time she can overpower | | | | Instead focus should be on identifying the specific |
| him. | | | | questions relevant to the issues at hand for which |
| This is where the battered woman syndrome came | | | | there is a body of knowledge to support a valid |
| into play. Her defense claims it was a form of self | | | | conclusion. |
| defense. Where one might agree with that, the fact | | | | |