Battered-Wife Syndrome is a term used to describe a condition experienced by women who have been subjected to physical, sexual, or emotional abuse by their spouse or partner. This syndrome, which was initially identified in the 1970s, involves a repetitive pattern of violence that encompasses stages of tension-building, acute battering, and loving-contrition. In certain cases, it is utilised as a defence for women who have taken the life of their abuser.
Battered-wife syndrome, also known as battered-woman syndrome or battered-spouse syndrome, is a medical and psychological condition that affects women who have experienced physical, sexual, or emotional abuse from their spouse or partner. Dr. Lenore Walker first described this syndrome in the 1970s. It involves a three-stage cycle of violence: the tension-building stage, the acute battering stage, and the loving-contrition stage. The tension-building stage may involve verbal and mild physical abuse, while the acute battering stage includes stronger verbal abuse, increased physical violence, and potentially sexual abuse. The loving-contrition stage consists of the abuser’s apologies, attentiveness, kindness, and gift-giving. Battered-wife syndrome is sometimes used as a defence in cases where a woman kills her abuser. This defence argues that the woman was suffering from a psychological condition that made her feel trapped and helpless, and that she acted out of fear for her life.
Battered-Wife Syndrome, also known as Battered Woman Syndrome or Intimate Partner Violence Syndrome, refers to a pattern of psychological and physical symptoms experienced by individuals who have been subjected to long-term domestic violence.
Yes, Battered-Wife Syndrome can be recognized as a legal defence in some jurisdictions. It is often used to explain the actions of a victim who has been driven to harm or kill their abuser in self-defence or as a result of prolonged abuse.
To establish Battered-Wife Syndrome as a legal defence, certain criteria need to be met, such as a history of domestic violence, a reasonable belief of imminent harm, and a lack of reasonable alternatives to escape the abusive situation.
Yes, Battered-Wife Syndrome can be used as a defence in cases of non-lethal self-defence. It can help explain the victim’s actions and the psychological impact of the ongoing abuse they have endured.
Yes, Battered-Wife Syndrome can be used as a defence in cases where the victim kills their abuser. However, the specific circumstances and evidence surrounding the case will determine the success of this defence.
Battered-Wife Syndrome can still be used as a defence in cases where the victim retaliates against their abuser after leaving the abusive relationship. However, the success of this defence may depend on the immediacy of the threat and the reasonableness of the victim’s actions.
Yes, Battered-Wife Syndrome can still be used as a defence even if the victim has not reported the abuse to the authorities. The focus is on the impact of the abuse on the victim’s mental state and their reasonable belief of imminent harm.
Yes, Battered-Wife Syndrome can be used as a defence even if the victim has not sustained physical injuries. The syndrome encompasses both physical and psychological abuse, and the absence of visible injuries does not negate the impact of the abuse on the victim’s mental state.
Yes, Battered-Wife Syndrome can be used by male victims of domestic violence. While the term “battered wife” is commonly used, the syndrome can apply to any individual who has been subjected to long-term domestic violence, regardless of gender.
Battered-Wife Syndrome can potentially lead to a reduced charge or a complete acquittal, but it does not guarantee complete absolution of criminal liability. The court will consider all the evidence and circumstances surrounding the case before making a final determination.
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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