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