NCJ Number
153774
Journal
Trial Volume: 31 Issue: 2 Dated: (February 1995) Pages: 30-34,36-37
Date Published
1995
Length
7 pages
Annotation
Testimony on the battered woman syndrome (BWS) can explain why domestic abuse victims behave in sometimes unexpected ways; such testimony is useful in cases ranging from criminal prosecutions to child custody disputes to victim claims for damages against their abusers.
Abstract
Testimony on BWS has been accepted in all State courts. Some State legislatures have codified legal decisions about the admissibility of BWS testimony, and State governors have used BWS testimony to grant clemency to convicted women serving long sentences. In addition to self-defense cases, criminal courts use BWS testimony to convict batterers even when victims are too scared to testify against their abusers. Civil courts permit BWS testimony to settle possible coercive-contract disputes and to prove liability and damages in domestic tort and other civil cases. Family courts hear BWS testimony to make decisions about the validity of property distribution and child custody and visitation arrangements. Attorneys representing child abuse victims who kill their abusers use an adapted version of the BWS to mitigate guilt and to seek lesser sentences. A definition of BWS is presented, the dynamics of domestic abuse are discussed, suggestions on how to question BWS victims are offered, and the use of expert witnesses in BWS cases is examined. 15 notes