What is the “battered woman’s syndrome” defense?

The “battered woman’s syndrome” defense is a legal defense used in California courts that argues that a woman, who has been subjected to prolonged physical, sexual, or psychological abuse in the past, was not capable of forming criminal intent when she committed a violent offense. The battered woman’s syndrome defense is based on the idea that victims of abuse can suffer from a psychological disorder called posttraumatic stress disorder (PTSD), which can cause them to act in ways that are not in-line with their normal behavior. They may act impulsively or take drastic measures in order to protect themselves from further harm. California’s penal code allows for a reduced sentence for a woman who can prove that her actions were a result of the psychological effects of the physical, sexual, or psychological abuse she experienced in the past. In order to successfully use this defense in court, the defendant must provide evidence that she reasonably believed she was in imminent danger at the time she committed the offense. The success of the defense can also depend on the jury’s willingness to accept her explanation and to discount the severity of her actions. In recent years, the battered woman’s syndrome defense has been used to successfully reduce the sentences of defendants in California and some other states.

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What is the “battered woman’s syndrome” defense?

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