Family and Intimate Partner Violence Heavy Hands Pdf

Battered Woman Syndrome

Dilapidated Woman Syndrome, as well referred to as battered person syndrome, is a psychological condition that occurs mostly amidst individuals who feel long-term domestic abuse and is at times viewed equally a form of post-traumatic stress disorder. In almost cases, victims of Battered Woman Syndrome (BWS) feel helpless and wrongly believe that Intimate Partner Violence (IPV) is a normal occurrence hence should non be reported to the regime. Considerably, BWS may not exist like equally a result of the unique circumstance preceding each case but has four full general stages. The outset stage is the deprival stage, which involves the inability to accept that one partner is abused. This is followed by the guilt stage. This is the phase when the victim feels that they caused the abuse. The third stage involves the victim getting aware and acknowledging the effects of an abusive relationship, and finally taking responsibility.  This essay describes Dilapidated Woman Syndrome and analyzes the possible negative implications of using Battered Woman Syndrome as a defence force for excusable homicide.

Often, abuse occurs in cycles with the common abuse cycle, including the tension-building, battering, and honeymoon phases. Low-level conflicts narrate the tension-building stage. The perpetrator feels justified to carry on with the aggressive behavior towards the other person. Over time, the tension existing betwixt the two parties becomes abuse. The corruption may be psychological, physical, emotional, or sexual. The honeymoon stage involves the development of remorseful feelings and the endeavor to win back affection. In the honeymoon phase, the batterer convinces the victim of their affection and vows not to abuse them again. This assurance convinces the victims not to report or seek help from friends and counselors.

In homicide cases, the defense may opt to offering Battered Woman Syndrome with the aid of adept testimony, which gives information based on a defendant's past behavior and psychological frame. As such, the defense force intends to reduce murder charges to manslaughter or apply a BWS testimony in proving a self-defence force claim. In 1992, President Bush enacted the Dilapidated Women'south Testimony Act, which authorized the admissibility of skilful testimony for dilapidated women (Gosselin, 2019). Despite the importance of this enactment, BWS faces criticism from a section of the population who believe BWS testimony is misconstrued and gives women an excuse to receive lighter sentences.

Arguably, the use of BWS and adept testimony has benefited driveling women. Still, homicide cases should not be express to showing that defendants suffer a "pathology," hence constituting a syndrome. Such characterization bears a negative connotation that would otherwise be avoided if courts simply allowed testimonies on the victim'southward human relationship with the batterer. Instead of expert testimony, the courts need to allow defendants to nowadays lay testimony on their physical status following an abuse. Expert testimonies in homicide cases should not necessarily infer psychological illness. On the contrary, lay statements should be sufficient to mitigate the activity of a defendant. Good testimony should only be used purposefully to portray gender inequality and not the lack of self-esteem or helplessness.

Further, the defence force should develop a domestic violence bear witness rule that would permit disclosure of past abuse bear witness. In homicide cases, past corruption prove is oft excluded considering it provides a prejudicial effect. This discretion has a devastating bear upon on domestic violence cases. For example, proponents of sex offenses argue that the newly introduced rules are important since sex crimes often occur in individual with no witnesses, and perpetrators have a propensity to echo these behaviors. Similarly, domestic violence cases involve defendants with a tendency to echo the crimes. Finally, the customs needs to focus on preventing domestic violence cases. BWS is non a preventive activity. There is a demand to focus on why people concoction instead of shy the dilapidated does non leave.

Reference

Gosselin, Yard. D. (2019). Family and Intimate Partner Violence Heavy Easily. (6 th ed.). Pearson Pedagogy, Inc.


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