Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence—psychological, physical, or sexual—from her partner (usually male). Although the diagnosis has mainly centered on women, it has occasionally been applied to men when employing the term battered person syndrome, especially as part of a legal defense. It is classified in the ICD-11 (code 6B40) and the ICD-9 (code ) as battered person syndrome, but is not in the DSM-5.
The condition was first researched extensively by Lenore E. Walker, who used Martin Seligman's learned helplessness theory to explain why women stayed in relationships with abusive men. Victims may exhibit a range of behaviors, including self-isolation, suicidal thoughts, and substance abuse, and signs of physical injury or illness, such as bruises, broken bones, or chronic fatigue. It may be diagnosed as a subcategory of post-traumatic stress disorder (PTSD).
The condition is the basis for the battered woman legal defense that has been used in cases of physically and psychologically abused women who have killed their male partners. As a legal defense, it may be incorporated in defenses such as self defense-, provocation-, and insanity-based defenses.
The term "battered woman syndrome" has been criticized by some social workers specializing in domestic violence, as being outdated terminology not used outside of courts.
Concept and terminology In 1979, Lenore E. Walker proposed the concept of battered woman syndrome (BWS). She described it as consisting "of the pattern of the signs and symptoms that have been found to occur after a woman has been physically, sexually, and/or psychologically abused in an intimate relationship, when the partner exerted power and control over the woman to coerce her into doing whatever he wanted, without regard for her rights or feelings."
Walker stated, "As there are significant differences between the theory underlying the construct of BWS, and to date there are no empirically supported data, it has not yet been applied to men. Therefore, the term used is BWS rather than a gender-neutral battered person syndrome (BPS) or even battered man syndrome (BMS). Of course, men are abused by women, but the psychological impact on the man does not appear to be consistent with trauma in most cases."
Occasionally, the term battered person syndrome has been used to apply to men, especially as part of a legal defense. Author John Hamel stated that although the term BWS has been replaced with battered person's syndrome in some legal circles, "and sounds more politically neutral, the new term does not improve on the former in providing a unitary syndrome, and does not account for the characteristics unique to male victimization."
Diagnosis ICD9 code 995.81 lists the syndrome under "battered woman/man/spouse/person NEC", and categorizes it as any person presenting with identified physical descriptors rather than psychological descriptors. It falls under the general heading of "Adult physical abuse", classified under "Injury and Poisoning".
The diagnosis, especially with regard to posttraumatic stress disorder (PTSD), has mainly centered on women. The DSM-IV-TR does not provide a distinct diagnostic category for reactions to battering. The diverse reactions of battered women are treated as separate diagnoses; for example, PTSD or depression.Roth D. L. & Coles E. M. (1995). "Battered woman syndrome: a conceptual analysis of its status vis a vis DSM-IV mental disorders". Medicine and Law. Vol. 14(7–8): pp. 641–658. Because there are no subcategories of the diagnosis of posttraumatic stress disorder in the DSM-5, the diagnosis is absent from the manual. It may, however, be used as a classification to guide treatment plans and forensic issues.
Symptoms + Symptoms of battered woman syndrome,a few of which are shared with PTSD SymptomsBattered woman syndrome Post-traumatic stress disorder (PTSD) The person fears for their life Is fearful for more than 4 weeks Performance at work or other important daily life activities is affected Manipulated through threats of violence, unwanted sex, degradation, isolation and more Dislike their bodies and experience somatic health issues Sexual intimacy issues When battered woman syndrome (BWS) manifests as PTSD, it consists of the following symptoms: (a) re-experiencing the battering as if it were recurring even when it is not, (b) attempts to avoid the psychological impact of battering by avoiding activities, people, and emotions, (c) hyperarousal or hypervigilance, (d) disrupted interpersonal relationships, (e) body image distortion or other somatic concerns, and (f) sexuality and intimacy issues.
Additionally, repeated cycles of violence and reconciliation can result in the following beliefs and attitudes:Walker, 1979. The abused thinks that the violence was their fault. The abused has an inability to place the responsibility for the violence elsewhere. The abused fears for their life or the lives of loved ones whom the abuser might or has threatened to harm (e.g., children-in-common, close relatives, or friends). The abused has an irrational belief that the abuser is omnipresent and omniscient.
Causes The syndrome develops in response to a three-stage cycle found in intimate partner violence situations. First, tension builds in the relationship. Second, the abusive partner releases tension via violence while blaming the victim for having caused the violence. Third, the violent partner makes gestures of contrition. However, the partner does not find solutions to avoid another phase of tension building and release so the cycle repeats. The repetition of the violence, despite the abuser's attempts to "make nice", results in the abused partner feeling at fault for not preventing a repeat cycle of violence. However, since the victim is not at fault and the violence is internally driven by the abuser, this self-blame results in feelings of helplessness rather than empowerment. The feeling of being both responsible for and helpless to stop the violence leads in turn to depression and passivity. This learned depression and passivity makes it difficult for the abused partner to marshal the resources and support system needed to leave.
Feelings of depression and passivity may also be created by lack of social support outside of the abusive situation. Research in the 1980s by Gondolf and Fisher found that women in abusive situations increase help-seeking behavior as violence intensifies. However, their attempts at seeking help are often frustrated by unresponsive extended family and social services.Battered women as survivors: An alternative to treating learned helplessness. Gondolf, Edward W.; Fisher, Ellen R. Lexington, MA, England: Lexington Books/D. C. Heath and Com. (1988). In a 2002 study, Gondolf found that more than half of women had negative views of shelters and programs for battered women because of negative experiences with those programs.Gondolf, Edward. "Service Barriers for Battered Women With Male Partners in Batterer Programs". J Interpers Violence February 2002 vol. 17 no. 2 217–227.
In legal cases In the US, the battered woman syndrome as a legal defense started to be developed in the 1970s. In 1977 in the US, Francine Hughes's trial for the murder of her husband was one of the first cases involving what was later called battered-woman syndrome as a defense.
A legal defense using BWS may argue that the systematic abuse suffered by the victim of domestic violence has led her to believe that killing the abuser was the only way to avoid being killed herself and may rely on self-defense or imperfect self defense. Alternatively, the victim may argue that the abuse has severely affected her mental state, in which case the insanity defense or diminished responsibility defense may be used. Provocation is another defense that may be used. A legal defense using BWS seeks to obtain an acquittal, a mitigated sentence or a conviction of a lesser offense.
In the UK, battered woman syndrome emerged as a legal defense in the 1990s, as a result of several murder cases in England involving women who had killed violent partners in response to what they described as cumulative abuse rather than in response to a single provocative act.
In a series of appeals against murder convictions, feminist groups (particularly Southall Black Sisters and Justice for Women) challenged the legal definition of provocation and secured the courts' recognition of battered woman syndrome.Ying Hui Tan (11 July 1995). "Abnormal traits relevant to provocation", The Independent.
Until the mid-1990s, the legal definition of provocation in England had relied on Devlin J in R v Duffy 1 All ER 932: "Provocation is some act, or series of acts done (or words spoken)... which would cause in any reasonable person and actually causes in the accused, a sudden and temporary loss of self-control, rendering the accused so subject to passion as to make him or her for the moment not master of his or her mind." Three cases helped to change this: R v Ahluwalia 4 AER 889; R v Humphreys 4 All ER 1008); and R v Thornton (No 2) 2 AER 1023.
The Coroners and Justice Act 2009 replaced the defence of provocation in English law with the loss of control defence. In addition to loss of control, diminished responsibility in English law is also an available defense.
The courts in Australia, Canada, New Zealand, the United Kingdom, and the United States have accepted the extensive and growing body of research showing that battered women can use force to defend themselves. This may include even killing their abusers because of the abusive, and sometimes life-threatening, situation in which they find themselves. These women act in the firm belief that there is no other way than to kill for self-preservation. The courts have recognized that this evidence may support a variety of defenses to a charge of murder or to mitigate the sentence if convicted of lesser offenses.
Under the term battered person syndrome, the defense has occasionally been used by men in reference to their abusive spouses.
Battered woman syndrome is not a legal defense in and of itself, but may legally constitute:
Self-defense when using a reasonable and proportionate degree of violence in response to the abuse might appear the most appropriate defense but, until recently, it almost never succeeded. Research in 1996 in England found no case in which a battered woman successfully pleaded self-defense (see Noonan at p.198). After analyzing 239 appellate decisions on trials of women who killed in self-defense in the U.S., Maguigan (1991) argues that self-defense is gender biased. imperfect self defense; provocation; insanity (usually within the meaning of the M'Naghten Rules); and diminished responsibility.