The battered-person syndrome is a condition that impacts individuals who have experienced physical, sexual, or emotional abuse from their spouse or partner. Initially identified in the 1970s, it involves a repetitive pattern of violence characterized by tension-building, acute battering, and loving-contrition stages. In some cases, this syndrome is invoked as a defence for women who have killed their abusers.
Individuals who have experienced physical, sexual, or emotional abuse from a spouse or partner may suffer from battered-person syndrome, also known as battered-woman syndrome. Dr. Lenore Walker first described this medical and psychological condition in the 1970s, which involves a three-stage cycle of violence. The first stage is the tension-building stage, which may involve mild physical abuse and verbal abuse. The second stage is the acute battering stage, which includes stronger verbal abuse, increased physical violence, and possibly sexual abuse. The third stage is the loving-contrition stage, which involves the abuser’s apologies, attentiveness, kindness, and gift-giving. Battered-person syndrome may be used as a defence to justify or mitigate a person’s killing of their abuser. For instance, a woman who kills her abusive husband after years of physical and emotional abuse may argue that she acted in self-defence due to suffering from battered-woman syndrome. Similarly, a man who has been repeatedly sexually assaulted by his partner may develop battered-person syndrome and struggle with feelings of shame, guilt, and fear.
Battered-Person Syndrome is a psychological condition that results from prolonged abuse, typically in a domestic setting.
Symptoms of Battered-Person Syndrome may include anxiety, depression, low self-esteem, and feelings of helplessness.
Yes, Battered-Person Syndrome can be used as a legal defence in cases where the defendant has been charged with a crime that was committed as a result of prolonged abuse.
Battered-Person Syndrome can be used as a defence for crimes such as murder, assault, and battery.
Battered-Person Syndrome can affect a person’s ability to make decisions by causing them to feel trapped, helpless, and unable to leave an abusive situation.
Yes, Battered-Person Syndrome can be used as a defence in cases where the abuse was emotional or psychological in nature.
The legal standard for using Battered-Person Syndrome as a defence is that the defendant must have reasonably believed that they were in imminent danger of harm and that the use of force was necessary to protect themselves.
Yes, Battered-Person Syndrome can be used as a defence in cases where the defendant has a history of violence, as long as the violence was a result of the abuse they suffered.
Yes, Battered-Person Syndrome can be used as a defence in cases where the defendant has a history of drug or alcohol abuse, as long as the abuse was a result of the abuse they suffered.
The likelihood of success when using Battered-Person Syndrome as a defence depends on the specific circumstances of the case and the strength of the evidence presented.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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