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Recommended: Intimate partner abuse
Start counting to the number nine……… In those nine seconds a woman has been assaulted or beaten in the United States alone, according to the National Coalition Against Domestic Violence (Garrity, ncadv.org). That means every minute approximately seven people are a victim of abuse, 402 people every hour, and 9,648 people every day. These numbers are staggering and bring to light the seriousness of this issue. There are many subtopics within the category of domestic violence and I am focusing on the abuse that takes on the term “battered woman”. A battered woman is “repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without any concern for her rights” (Walker, …show more content…
Within an array of cases the female ended the abuse by running away, calling the authorities for help, or even killing the abuser. These are considered common responses to multiple inflictions of abuse. This being said, I am particularly focused on those cases where the female kills her abuser through preemptive means, meaning, a “potential aggressor is attacked without a clear and imminent show of force based on the potential victim’s perception of future danger” (Veinsreideris, 613). This often happens while the abuser is sleeping, watching tv or in any relaxed state where the victim feels she has more power and control over the situation. She acts upon that feeling and murders him. The female resorts to this tactic because of the consistent attacks on her. She feels as though she cannot get out of this cycle other than to kill her …show more content…
The male is often found in a non-confrontational position, causing the woman to look even guiltier. The woman is brought to court in order to state her case as to why she is being accused of killing her husband. The woman usually takes the plea of Battered Women Syndrome as self-defense for her actions. As of 2004, battered woman syndrome statistically is the “most widely used self-defense plea by abused women who kill their abusers” (Wallace, 1749). These self-defense claims are troubling because the facts of these cases do not conform to traditional ideas of self-defense meaning that “typically the term self-defense conjures up images of a defender who is backed against a wall and facing imminent death, strikes out at the last moment to kill the attacker” (Faigman, 626). A battered woman however, often kills her abuser after an attack has ended or when no immediate danger is present (Faigman, 627). This is where the case becomes problematic because although the harm may not be “imminent by objective temporal measures, disagreement exists as to whether battered women’s subjective perceptions of imminent harm can be deemed reasonable” (Wallace, 1749). In this essay, I will explain why I believe that although domestic violence is terrible, Battered Women Syndrome is not a justification of self-defense in a legal
Therefore, this case plays on the idea that, when an individual feels his or her life to be in danger, self-defence is accurate. In the case of Ms. Lavallee, both reasonableness and ethics were questioned. Since Ms. Lavallee is a victim of battered woman syndrome, when she pulls the trigger at that life-threatening moment, cannot be understood except in terms of the cumulative effect of months or years of being brutally abused. Overall, this case is an exceptional example of how self-defence comes to play within the criminal justice system. It is important for the law to revaluate cases for a better understanding of the balance of inclination over pain. For instance, although Lavallee was thinking that her life was in danger with action she committed, there is reason and story behind her crime. When the case is viewed from this perspective, it becomes clear that the battered woman’s knowledge of her partner’s violence was so profound that she knows the extent and nature of the violence beforehand, which allowed her to determine that this time it was different, and would probably result in life threatening
Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these individuals into disagreement with the law, particularly when they murder their violent partners. The Battered woman syndrome (BWS) was created by clinical psychologist (1970’s) with an intention of depicting the series of occurrences that physically abused women frequently experience in their relationships.
The question raised in the Hawthorne v. State amicus was related to the expert testimony of Dr. Lenore E. Walker, a Clinical Psychologist with extensive involvement in the study and research of “battered woman syndrome.” Amicus indicated Dr. Walker’s testimony would provide the Trier of facts with expert opinion on a battered woman’s belief that resorting to the use of deadly force against her husband was required, if the woman had perceived imminent death or bodily hard to herself and/or her children. Dr. Walker would clarify battered woman’s syndrome to the jury including clarifying all the relevant stages, cycles of violence, symptoms and reasons why women choose to stay with the abuser.
When some women kill their abusers, the situation may seem out of sorts. Such as, when women attack their abuser when they are showering or shaving, and are vulnerable. But, this may be their best shot. Especially if the abuser is bigger, stronger, or has weapons. Which a lot of
Women will continue to suffer from domestic violence unless there is some sort of intervention to help them. When dealing with this population, it is essential to create a safe environment where the woman can talk freely about the abuse without any retaliation from the abuser. When someone comes into a therapeutic session, everyone deserves to be treated with respect and care. This in turn will create a sense of hope that a different type of life can be possible. Also, knowing that there is a support system can help the woman begin the process of change. Despite this, the process of leaving the abusive partner is slow (Warshaw, n.d.)
Like child abuse, it affects every American by impacting those we love the most. Awareness for domestic violence victims has evolved since the beginning of our country. In earlier times, it was a private matter, and took place “behind closed doors”. They helped them past their sufferings and place them back into mainstream culture. (Karmen, 2015) Claims one movement that assisted with the process is the Feminist Movement. This widespread movement took place during the 1970’s, and represented the “beaten women”. It helped them stand up for themselves during their distraught times. Domestic tranquility ensures women their safety at home under their husbands’ protection. The Feminist’s Movement questioned domestic tranquility and urged women to stand up for themselves (Karmen, 2015). They discovered the “silent crisis” that lived inside so many women at the time. The crisis was that the men they married gave into the times of “behind closed doors” and “look the other way”. Those times would stand no more, due to the feminist’s movement and widespread awareness. Laws and legislation have changed since the rediscovery of the victims of domestic violence. One example is restraining orders. Restraining orders set up a level of protection for the women from the male offenders. Another example of legislation is The Violence Against Women Act. Promulgated in 1994 the act mandates that all states enforce protective orders issued in a
The Battered Woman Syndrome (BWM) is a syndrome whereas women react in a certain manner because of repetitively physical or psychological abused imposed on them by their mates. The Battered Woman Syndrome (BMW) is not limited in one area or location it is a problem that is occurring all over in the world (2009, pg. 148). Like every other issue in the world criticism come into play by psychologists and others when someone claims that they are victims of the Battered Woman Syndrome or the Battered Woman Defense when they are taken to trial for killing their batterers (BMW) (2009, pgs. 162-163).
There are many cases where self- defense has been used as a plea where the victim felt they were in harms’ way or unable to escape a specific situation that ended badly. The definition for self- defense is: 1. Defense of oneself when physically attacked 2. Defense of what belongs to oneself, as ones work or reputation 3. (Law) the right to protect oneself against violence or threatened violence with whatever force or means reasonable or necessary. According to an expert on battered women, a woman must experience at least two complete battering cycles before being labeled a battered woman. (Walker) According to Dowd, “he believes the proper use of BWS assists the fact finder to understand the state of mind of the battered woman at the time she fought back against her abuser.”(1) Women should be able to use BWS as a plea when habitual abuse occurs within a relationship with a significant other and results in violence or worse death.
Most people in society are one sided when it comes to domestic violence. Most people automatically think domestic violence as men abusing women. Most people believe domestic violence is associated with gender. For instance, some people associate men with violent, destructive, and belligerent behavior. While women are often seen as innocent, fragile, and vulnerable. For many years men were the ones showing violent behavior, so most people believe men are usually the aggressor. Many people believe men should never abuse a woman, and if he does he will charged and most likely serve jail time. Although, women are not viewed the same way. Over the years women have become just as aggressive and violent as men have been portrayed. Many women who are violent are given a pass if they abuse a man. More simply, their behavior is overlooked, because they are not seen as a threat to society, so they will most likely not be jailed or punished for their behavior. In addition, there are many resources to help women get out of domestic violence situations. For instance, there are hotlines they can call, shelters they can visit, and support
To begin with, the definition of domestic violence is “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another” (“What Is Domestic Violence”). Ranging from grown women to young children, many are victims to abuse. According to the National Coalition Against Domestic Violence, “nearly 20 people per minute are physically abused by an intimate partner in the United States” (“Statistics”). Just by calculating, that is 28,800 people who are abused in just ONE DAY! The scary part is that this number does not even account for the numerous cases that are not even told. Many victims are threatened or even hurt so bad that they must keep their mouth shut in fear of even worse abuse to come. Of
I. Introduction and Overview Battered women and their abusers often suffer from psychological disorders and past abuse in their childhood that may make them more vulnerable to fall into the situation with their respective roles. Faced with limited options, women sometimes decide to either run away, stay or kill their abusers. Women often as a consequence of the abuse suffer from Battered Woman Syndrome that is often used as an explanation as to why they kill their abusers as self-defense. In this paper I will focus on understanding the psychology of the abused victim as well as the abuser. I will then discuss the options the victim has and what determines her actions and what consequences they may hold for her legally.
Gender-based violence has been recognized as a large public health problem as well as a violation of human rights worldwide. One out of three women has been beaten, coerced into sex, or abused in another way at least once in her life (www.infoforhealth.org). The abuser is usually a member of the family, introducing the difficult problem in that the abuse usually happens behind closed doors, and is often viewed by cultural norms and legal systems as a family matter rather than a crime.
Domestic violence is a devastating social problem that impacts every sector of our population. Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner(USDOJ,2012). Domestic violence can be physical, economic, emotional, sexual, or psychological. Physical domestic violence is an attempt to impose physical injury such as grabbing, slapping, hitting, biting, etc. Physical violence can also be withholding necessary resources to sustain health such as medication, food, sleep, or forcing alcohol or other drug use. Economic abuse is an attempt to make the victim financially dependent. Such as sustaining control over financial resources including the victims earned income, forbidding employment, on the job harassment, or withholding information about family expenses. Emotional abuse can be the attempt to undermine the victims self worth. This could be belittling the victim, name calling, insults, criticism, manipulating, etc. Sexual abuse is any sexual contact without consent. For example, marital rape, attacks on sexual parts of the body, forced sex, forced prostitution. Sexual abuse can also be an attempt to undermine the victims sexuality by treating them in a derogatory manner, criticizing sexual performance, or withholding sex. Psychological abuse is the attempt to implant fear. This could involve intimidation, threats of physical harm, harassment, mind games, and stalking. Psychological abuse can also be an attempt to isolate victim from friends and family member. Abusers can go so far as withholding access to a telephone, transportation, constant check ups, forced imprisonment, and undermining personal relationships. Dome...
Domestic violence is skyrocketing in our society. In the U.S., as many as 1.5 million women and 850,000 men were physically assaulted by their intimate partner last year, and numerous children abused by their parents. These sad criminal acts will continue to grow in our society, unless our community takes action to stop these crimes.
In conclusion, women all over the world have to suffer go become stronger. Women that are or have gone through violence should be strong and defend themselves. They should know that they have people that they can count on. If the abuser tells you that if you say something they will kill you or one of your family members you shouldn’t believe them. They will not do anything they just say it to scare you. Know there are laws that protect women from any type of violence. There are many things that women can do to prevent this from happening. Be strong and tell somebody what you are going through.