Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence: whether psychological, physical, or sexual, from her male partner. It is classified in the ICD-9 (code 995.81) as battered person syndrome but is not in the DSM-5. It may be diagnosed as a subcategory of post-traumatic stress disorder (PTSD).
The condition is the basis for the battered woman legal defense that has been used in cases of physically and psychologically abused women who have killed their male partners. The condition was first researched extensively by Lenore E. Walker, who used Martin Seligman's learned helplessness theory to explain why women stayed in relationships with abusive men.
Although the diagnosis has mainly centered on women, it has occasionally been applied to men when employing the term battered person syndrome, especially as part of a legal defense.
Concept and terminology
In 1979, Lenore E. Walker proposed the concept of battered woman syndrome (BWS). She described it as consisting "of the pattern of the signs and symptoms that have been found to occur after a woman has been physically, sexually, and/or psychologically abused in an intimate relationship, when the partner (usually, but not always a man) exerted power and control over the woman to coerce her into doing whatever he wanted, without regard for her rights or feelings."
Walker stated, "As there are significant differences between the theory underlying the construct of BWS, and to date, there are no empirically supported data, it has not yet been applied to men. Therefore, the term used is BWS rather than a gender-neutral battered person syndrome (BPS) or even battered man syndrome (BMS). Of course, men are abused by women, but the psychological impact on the man does not appear to be consistent with trauma in most cases."
Occasionally, the term battered person syndrome has been used to apply to men, especially as part of a legal defense. Author John Hamel stated that although the term BWS has been replaced with battered person's syndrome in some legal circles, "and sounds more politically neutral, the new term does not improve on the former in providing a unitary syndrome, and does not account for the characteristics unique to male victimization.
Diagnosis
ICD9 code 995.81 lists the syndrome under "battered woman/man/spouse/person NEC", and categorizes it as any person presenting with identified physical descriptors rather than psychological descriptors. It falls under the general heading of "Adult physical abuse", classified under "Injury and Poisoning".
The diagnosis, especially with regard to posttraumatic stress disorder (PTSD), has mainly centered on women. The DSM-IV-TR does not provide a distinct diagnostic category for reactions to battering. The diverse reactions of battered women are treated as separate diagnoses; for example, PTSD or depression.[8] Because there are no subcategories of the diagnosis of posttraumatic stress disorder in the DSM-5, the diagnosis is absent from the manual. It may, however, be used as a classification to guide treatment plans and forensic issues.
Symptoms
Symptoms of battered woman syndrome,
a few of which are shared with PTSD[9]SymptomsBattered woman syndrome post-traumatic stress disorder (PTSD)The person fears for their life, fearful for more than 4 weeks performance at work or other important daily life activities is affectedManipulated through threats of violence, unwanted sex, degradation, isolation and more dislike their bodies and experience somatic health issues sexual intimacy issues
When battered woman syndrome (BWS) manifests as PTSD, it consists of the following symptoms: (a) re-experiencing the battering as if it were recurring even when it is not, (b) attempts to avoid the psychological impact of battering by avoiding activities, people, and emotions, (c) hyperarousal or hypervigilance, (d) disrupted interpersonal relationships, (e) body image distortion or other somatic concerns, and (f) sexuality and intimacy issues.
Additionally, repeated cycles of violence and reconciliation can result in the following beliefs and attitudes:
The abused think that the violence was their fault.
The abused has an inability to place the responsibility for the violence elsewhere.
The abused fear for their life, and/or, the lives of loved ones whom the abuser might or has threatened to harm (e.g., children-in-common, close relatives, or friends).
The abused has an irrational belief that the abuser is omnipresent and omniscient.
Causes
The syndrome develops in response to a three-stage cycle found in intimate partner violence situations. First, tension builds in the relationship. Second, the abusive partner releases tension via violence while blaming the victim for having caused the violence. Third, the violent partner makes gestures of contrition. However, the partner does not find solutions to avoid another phase of tension building and release so the cycle repeats. The repetition of the violence, despite the abuser's attempts to "make nice", results in the abused partner feeling at fault for not preventing a repeat cycle of violence. However, since the victim is not at fault and the violence is internally driven by the abuser, this self-blame results in feelings of helplessness rather than empowerment. The feeling of being both responsible for and helpless to stop the violence leads in turn to depression and passivity. This learned depression and passivity make it difficult for the abused partner to marshal the resources and support system needed to leave.
Feelings of depression and passivity may also be created by a lack of social support outside of the abusive situation. Research in the 1980s by Gondolf and Fisher found that women in abusive situations increase help-seeking behavior as violence intensifies. However, their attempts at seeking help are often frustrated by unresponsive extended family and social services. In a 2002 study, Gondolf found that more than half of women had negative views of shelters and programs for battered women because of negative experiences with those programs.
In legal cases
In 1977 in the US, Francine Hughes' trial for the murder of her husband was one of the first cases involving what was later called battered-woman syndrome as a defense.
Battered woman syndrome emerged as a legal defense in the 1990s, as a result of several murder cases in England involving women who had killed violent partners in response to what they described as cumulative abuse rather than in response to a single provocative act.
In a series of appeals against murder convictions, feminist groups (particularly Southall Black Sisters and Justice for Women) challenged the legal definition of provocation and secured the courts' recognition of battered woman syndrome.
Until the mid-1990s, the legal definition of provocation in England had relied on Devlin J in R v Duffy [1949] 1 All ER 932: "Provocation is some act or series of acts done (or words spoken) ... which would cause in any reasonable person and actually causes in the accused, a sudden and temporary loss of self-control, rendering the accused so subject to passion as to make him or her for the moment not the master of his or her mind." Three cases helped to change this: R v Ahluwalia [1992] 4 AER 889; R v Humphreys [1995] 4 All ER 1008); and R v Thornton (No 2) [1996] 2 AER 1023.[16][17]
The courts in Australia, Canada, New Zealand, the United Kingdom, and the United States have accepted the extensive and growing body of research showing that battered women can use force to defend themselves. This may include even killing their abusers because of the abusive, and sometimes life-threatening, the situation in which they find themselves. These women act in the firm belief that there is no other way than to kill for self-preservation. The courts have recognized that this evidence may support a variety of defenses to a charge of murder or to mitigate the sentence if convicted of lesser offenses.
Under the term battered person syndrome, the defense has occasionally been used by men in reference to their abusive spouses.
Battered woman syndrome is not a legal defense in and of itself, but may legally constitute:
Self-defense when using a reasonable and proportionate degree of violence in response to the abuse might appear the most appropriate defense but, until recently, it almost never succeeded. Research in 1996 in England found no case in which a battered woman successfully pleaded self-defense (see Noonan at p. 198). After analyzing 239 appellate decisions on trials of women who killed in self-defense in the U.S., Maguigan (1991) argues that self-defense is gender-biased.
provocation;
insanity (usually within the meaning of the M'Naghten Rules); and
diminished responsibility.
In recent years, BWS has been questioned as a legal defense on several grounds. First, legal changes in many states now make it possible to admit a history of past abuse into evidence. Second, not all battered persons act the same. Third, it pleads pathology when there may, in fact, be completely rational reasons for the victim's assessment that their life or that of their children was in danger. For example, if life-threatening attacks were preceded by a certain look in the eyes in the past, the victim may have had probable cause for believing that another life-threatening attack was likely to occur. Fourth, it does not provide for the possibility that a person may be abused but have chosen to kill for reasons other than ongoing abuse – for example, jealousy or greed. Fifth, it paints survivors of domestic violence exclusively as passive victims rather than resourceful survivors.
United States
In 1994, as part of the Violence Against Women Act, the United States Congress ordered an investigation into the role of battered woman syndrome expert testimony in the courts to determine its validity and usefulness. In 1997, they published the report of their investigation, titled The Validity and Use of Evidence Concerning Battering and Its Effects in Criminal Trials. "The federal report ultimately rejected all terminology related to the battered woman syndrome...noting that these terms were 'no longer useful or appropriate'" (Rothenberg, "Social Change", 782). Instead of using the term "battered woman", the terminology "battering and its effects" became acceptable. The decision to change this terminology was based on a changing body of research indicating there is more than one pattern to battering and a more inclusive definition more accurately represented the realities of domestic violence.
Weiand v. State was a landmark Florida Supreme Court case that took place in March 1999. In this historic case, the state's Supreme Court granted Florida citizens the ability to rely upon battered spouse syndrome as a defense in killing their abuser. While the decision is effective for anyone who is in an abusive situation, the majority of people that would take advantage of this defense are women since they are generally abused more than men. In this notable instance of an attempted defense using BWS, Florida resident Kathleen Weiand shot and killed her husband Todd Weiand. 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 regarded her case as a high priority. Ultimately, the Court overturned the ruling, in favor of Mrs. Weiand.
COURTESY OF WIKIPEDIA.ORG
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I AM A BATTERED WIFE WITH BATTERED WIFE SYNDROME, IN THE PROCESS OF DIVORCE FROM THE MAN WHO I WISH HAD NEVER COME INTO MY LIFE, I WISH THIS MAN HAD NEVER CALLED ME OR COME INTO MY LIFE.
HE NOR ANYBODY ELSE HAD/HAS THE RIGHT TO FORCE WRONGFUL LEGAL, PHYSICAL EMOTIONAL, AND MENTAL DAMAGES UPON ME.
AS IF THE OTHER AREAS OF MY LIFE WASN'T AND ISN'T ENOUGH TO BE DEALING WITH, THIS TAKES THE CAKE, HIS ABUSE FROM ALL AREAS, PUSHINGME AND PERPETRATING ME INTO BEING A BATTERED WIFE, WITH BATTERED WIFE SYNDROME.
DEBBIE
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