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Let’s examine the legal implications of Battered Woman Syndrome. BWS was first proposed in the 1970’s. According to Joe Wheeler Dixon, PhD, JD BWS appears to be the product of legal advocacy and not science. BWS seems to owe its existence to the needs of legal advocates to support and justify claims by battered women who have killed (their batterers). The defense revolves around the woman’s mental deficiency and helplessness. Learned helplessness can be induced in lab animals, but no sudden rage or aggression.

So, a battered woman kills her abusing husband. She doesn’t do it during a beating, thereby being able to claim self defense; she probably can’t, he’s too strong. While he is awake and watching her, she suffers from learned helplessness; he has brainwashed her into thinking she is helpless and worthless. She perhaps she kills him in his sleep because that’s the only time she can overpower him.

This is where the battered woman syndrome came into play. Her defense claims it was a form of self defense. Where one might agree with that, the fact is she took a life. He received no trial for his crime. Perhaps she did what she felt she needed to do, but she must also take responsibility for her actions.

In court, expert testimonial regarding domestic violence can by used for various purposes: to demonstrate the defendant is a battered woman, to explain an abused woman’s state of mind and/or conduct or to support a claim or the validity of a particular defense. Experts have acknowledged that Battered Woman Syndrome is considered a subcategory of Post Traumatic Stress Disorder, but not a mental disease in the context of insanity.

According to Mary Ann Dutton, Ph.D.’s “Critique of the Battered Woman Syndrome” Expert testimonial concerning battering and its effects cannot adequately rely on a single construct such as Battered Woman Syndrome: the comprehensive body of existing knowledge cannot be so condensed. Instead focus should be on identifying the specific questions relevant to the issues at hand for which there is a body of knowledge to support a valid conclusion.

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According to Dr. Lenore E. Walker, a prominent expert on battered women, a woman must experience at least two complete battering cycles before she can be labeled a “battered woman”. The cycle has three phases. First the tension-building phase, followed by the explosion or acute battering incident, then the calm, loving respite- often referred to as the honeymoon phase. Battered woman syndrome describes a set of symptoms found in woman living in battering relationships. The four general characteristics are:

Women need to know that according to research spousal abuse does not typically stem from a problem with the relationship, but instead begins with the man’s emotional insecurities, low self-esteem and abusive behaviors witnessed in his childhood. There are many reasons a woman would stay in an abusive relationship. Among them: reinforcement during the honeymoon stage after being beaten, loss of self-esteem, women feel they are the peacekeepers in a relationship, adverse financial consequences, Threats from the batterer to kill self or children, learned helplessness. Many of these women still love the abuser even after they leave, by whatever methods. But they must understand that in order for the battering spouse to change he must go through a two step process to get help for his abusiveness. First he must suffer negative consequences for the violent behavior and then he must go through specialized spouse abuse counseling. If drugs or alcohol were involved he must also be treated for the addiction. The batterer must believe and accept these five concepts:

Once outside of the abusive relationship a woman can overcome the feelings of inadequacy and helplessness that were brainwashed into her while being in an abusive relationship.