What is the “battered woman’s syndrome” defense?
The “battered woman’s syndrome” defense is a legal defense used in South Carolina courts to explain why a woman may have committed a violent crime against her abuser. This is based on the idea that a woman who is repeatedly abused by someone might eventually become so overwhelmed with fear and desperation that she may commit an act of violence in self-defense or out of fear of further abuse. The “battered woman’s syndrome” defense in South Carolina is meant to provide an alternative explanation for the violent behavior of a woman who has been abused, rather than condemning her for the violence she has committed. The defense has been around since the late 1980s when the courts began to recognize that the experiences of abused women can lead to extreme psychological states and behaviors. The defense argues that an abused woman’s psychological history of violence and fear of further harm should be taken into consideration when deciding whether her violent actions were out of self-defense. To successfully use the defense, a woman must be able to demonstrate a pattern of abuse and her belief that she was in imminent danger before committing the act of violence. This defense is only used in cases where the woman is charged with a violent crime, such as murder or assault. The “battered woman’s syndrome” defense is rarely successful in South Carolina, but is an important tool to recognize the experiences of abused women in court.
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