| Battered Women's Syndrome | | | | brought against you. |
| Battered woman syndrome (more commonly called | | | | To that end, they will often attempt to offer "expert" |
| "BWS" or "Intimate Partner Abuse and its Effects") | | | | testimony regarding Battered Women's Syndrome. |
| describes a pattern of psychological and behavioral | | | | These experts are used particularly when your partner |
| symptoms found in women living in abusive | | | | recants his or her story. If there is recantation, the |
| relationships. (BWS occurs in same-sex relationships, | | | | prosecution will likely bring in an expert on BWS who |
| and men can suffer from "BWS," but the | | | | will say that recanting a story is a major symptom of |
| overwhelming amount of research in the area has | | | | this syndrome. The expert has likely never met the |
| focused upon the female sufferer.) Typically, BWS | | | | complaining witness in your case. In fact, the expert |
| falls under the category of post-traumatic stress | | | | probably has no knowledge of your partner's mental |
| disorder. There are four general characteristics of | | | | health history (if any). This means that, without knowing |
| Battered Women's Syndrome: | | | | anything about your partner, the expert will say that |
| 1. The fear that her life and/or her children's lives are in | | | | your partner suffers from BWS. As you may imagine, |
| danger; | | | | this is a horrible situation for your case. If the expert |
| 2. An inability to place the responsibility for the violence | | | | can convince the jurors that your partner suffers from |
| elsewhere; | | | | BWS, there is only one person who can be |
| 3. The belief that the violence was her fault; | | | | responsible: you. |
| 4. An irrational belief that the abuser is omniscient and | | | | All hope is not lost, though. There are specific rules that |
| omnipresent. | | | | must be followed before an expert's testimony can be |
| If your partner does not have these symptoms, | | | | heard in court. A skilled defense attorney may be able |
| chances are great that she does not suffer from | | | | to prevent the expert's testimony from being admitted |
| BWS. An experienced criminal defense lawyer will | | | | in your case. In addition, your attorney may choose to |
| show that your partner could not suffer from BWS | | | | present testimony from a defense expert to refute |
| because of the absence of one or more symptoms. | | | | the prosecution's expert or to present evidence that |
| He or she may show this through medical reports, | | | | you were the injured party. |
| police reports, witness testimony or even expert | | | | Battered Women's Syndrome as a Defense. Battered |
| witness testimony. | | | | Women's Syndrome is a serious medical issue. If you |
| In order to be diagnosed with battered women's | | | | believe that you are suffering from the syndrome, it is |
| syndrome a person must experience at least two | | | | important to tell your lawyer. Your attorney may bring |
| complete battering cycles. The cycle has three distinct | | | | in experts to prove that you suffer from the syndrome |
| phases: the tension-building phase, followed by the | | | | and to offer opinions about how that relates to the |
| violent incident, followed by the "make-up" or | | | | charged offense. If it can be proved that you suffer |
| "honeymoon" phase. If there have not been two | | | | from Battered Women's Syndrome, this may be a |
| cycles, the person cannot be diagnosed with the | | | | valid defense to the domestic violence charges |
| syndrome. If relevant to your case, your attorney will | | | | pending against you. |
| try to prove that your partner could not possibly be a | | | | BWS is a complex issue, and it plays a potentially |
| victim of BWS. | | | | significant role in domestic violence cases. If you or |
| Experts. The criminal case is a war. The prosecutors | | | | someone you care about has been accused of |
| want to prove that you are guilty of domestic violence. | | | | domestic violence, or any crime of violence, it is vital |
| They will try anything and everything in their power to | | | | that you consult with a skilled and experienced criminal |
| make sure that you are convicted of the charges | | | | defense lawyer right away. |