battered woman syndrome


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Related to battered woman syndrome: domestic violence, Emotional abuse

battered woman syndrome

n.
A set of signs and symptoms, such as fearfulness and a feeling of helplessness, seen in some women who are physically, verbally, or emotionally abused over an extended period by a husband or partner. Also called battered women's syndrome.

battered woman syndrome (BWS)

repeated episodes of physical assault on a woman by the person with whom she lives or with whom she has a relationship, often resulting in serious physical and psychological damage to the woman. Such violence tends to follow a predictable pattern. The violent episodes usually follow verbal argument and accusation and are accompanied by verbal abuse. Almost any subject-housekeeping, money, childrearing-may begin the episode. Over time, the violent episodes escalate in frequency and severity. Most battered women report that they thought that the assaults would stop; unfortunately, studies show that the longer the women stay in the relationship, the more likely they are to be seriously injured. Less and less provocation seems to be enough to trigger an attack once the syndrome has begun. The use of alcohol may increase the severity of the assault. The man is more likely to be abusive as the alcohol wears off. Battering occurs in cycles of violence. In the first phase, the man acts increasingly irritable, edgy, and tense. Verbal abuse, insults, and criticism increase, and shoves or slaps begin. The second phase is the time of the acute, violent activity. As the tension mounts, the woman becomes unable to placate the man, and she may argue or defend herself. The man uses this as the justification for his anger and assaults her, often saying that he is "teaching her a lesson." The third stage is characterized by apology and remorse on the part of the man, with promises of change. The calm continues until tension builds again. Battered woman syndrome occurs at all socioeconomic levels, and one half to three quarters of female assault victims are the victims of an attack by a partner. It is estimated that in the United States between 1 and 2 million women a year are beaten by their husbands. Men who grew up in homes in which the father abused the mother are more likely to beat their wives than are men who lived in nonviolent homes. Personal and cultural attitudes also affect the incidence of battering. Aggressive behavior is a normal part of male socialization in most cultures; physical aggression may be condoned as a means of resolving a conflict. A personality profile obtained by psychological testing reveals the typical battered woman to be reserved, withdrawn, depressed, and anxious, with low self-esteem, a poorly integrated self-image, and a general inability to cope with life's demands. The parents of such women encouraged compliance, were not physically affectionate, and socially restricted their daughters' independence, preventing the widening of social contact that normally occurs in adolescence. Victims of the battered woman syndrome are often afraid to leave the man and the situation; change, loneliness, and the unknown are perceived as more painful than the beatings. Nurses are in an excellent position to offer assistance to battered women in several ways, because encouraging a woman to talk about the battering and the injuries may help her to admit what she may have been too embarrassed to reveal even to her parents. A realistic appraisal of the situation is then possible; the woman wants to hear that the nurse thinks the battering will not recur, but the nurse can tell her only that the usual pattern is for the abuse to continue and to become more severe. The woman may be referred to the social service department or given directions for contacting community agencies such as a battered women's shelter or a hotline to a counseling service. Caring for and counseling a battered woman often require great patience because she is usually ambivalent about her situation and may be confused to the point of believing that she deserves the assaults she has suffered. Written, photographic, and videotaped records are maintained to document the extent of the problem, including the form of abuse reported, the injuries sustained, and a summary of similar incidents and previous admissions.
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See generally Mary Ann Dutton, Understanding Women's Responses to Domestic Violence: A Redefinition of Battered Woman Syndrome, 21 HOFSTRA L.
When viewed as a psychological dysfunction, the battered woman syndrome undermines, rather than enhances, any "special capacity" of the woman to accurately predict her batterer's impending violence.
Another recent change in Ohio law is that battered woman syndrome has been recognized as a viable mitigating circumstance in cases where a woman convicted of murdering an abusive partner may be granted clemency.
Finkel's arguments are based largely on a careful doctrinal analysis of mistake of fact defenses; an analysis that he then applies to the introduction of battered woman syndrome in non-confrontational killings, as well as infanticide cases.
In a way, he is forced to place nonconfrontation cases in the foreground in order to bolster his argument that expert testimony on battered woman syndrome necessarily supports the defense of excuse rather than justification.
In addition, the medical criteria of Battered Woman Syndrome are often interpreted through cultural and social stereotypes, which can be particularly detrimental to poor women of color.
A final example of the lack of novelty is the introduction of battered woman syndrome evidence to support traditional claims, such as a self-defense defendant's honesty of belief in the need to use force or a murder defendant's claim that there was cumulative provocation that would warrant conviction only of manslaughter.
When this is done, I conclude that expert testimony regarding Battered Woman Syndrome (BWS) is not likely to increase NGRSD verdicts in any significant way, because there are too many different (and, in some instances, opposing) prototypes for battered women who kill, rather than some stereotypic, one-size-fits-all defendant.
Battered Woman Syndrome evidence is generally offered by female criminal defendants to explain violent acts, often in conjunction with a self-defense argument.
Issues such as self-defense with a weapon against a physically larger and stronger unarmed assailant, Battered Woman Syndrome as a subset of PTSD, and gendered socialization making young women vulnerable to abusive dynamics are discussed.
In the late 1980s, researchers began to explore the potential impact of battered woman syndrome evidence on juror decision-making processes by employing jury simulation techniques.
When the lawyers become aware that both husbands physically abused Witt, their first thought is that battered woman syndrome is the best chance for acquittal.