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Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence—psychological, physical, or sexual—from her partner (usually male). [1] [2] It is classified in the ICD-9 (code 995.81) as battered person syndrome, [2] but is not in the DSM-5. [2]
R v Lavallee, [1990] 1 S.C.R. 852 is a leading Supreme Court of Canada case on the legal recognition of battered woman syndrome. [2] [3] The judgment, written by Justice Bertha Wilson, is generally considered one of her most famous. [4]
Francine Moran Hughes (later Wilson; August 17, 1947 – March 22, 2017) [1] was an American woman who, after thirteen years of domestic abuse, set fire to the bed in which her live-in ex-husband Mickey Hughes was sleeping, on March 9, 1977, in Dansville, Michigan.
The use of the urban survival syndrome as a defense to criminal charges followed the success of the battered woman syndrome defense in State v. Kelly (1984), which was based on the acceptance that the presence of such a syndrome may cause the defendant, a victim of domestic violence , to reasonably believe she was in peril and was therefore ...
The abuse defense is a criminal law defense in which the defendant argues that a prior history of abuse justifies violent retaliation. While the term most often refers to instances of child abuse or sexual assault, it also refers more generally to any attempt by the defense to use a syndrome or societal condition to deflect responsibility away from the defendant.
She used the battered woman syndrome in her defense and the defense expert agreed that she was suffering from the syndrome. However, the jury rejected her defense and Kathleen was sentenced to 18 years in prison for second degree murder. Kathleen appealed, eventually reaching Florida's Supreme Court who regarded her case as high priority.
The most controversial aspect of female perpetrated intimate partner violence is the theory of "battered husband syndrome". In reaction to the findings of the U.S. National Family Violence Survey in 1975, [4] Suzanne K. Steinmetz wrote an article in 1977 in which she coined the term as a correlative to "battered wife syndrome". [57]
In Hubers' second trial, she gave lurid details of her sexual relationship with Poston. The defense built its case around the assertion that Poston was an abusive boyfriend. [24] After five hours of deliberation, a jury again found Hubers guilty of murder. [6] She was sentenced to life imprisonment with the possibility of parole.