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24 Temp. Pol. & Civ. Rts. L. Rev. 313 (2014-2015)
The Myth of Battered Woman Syndrome

handle is hein.journals/tempcr24 and id is 335 raw text is: THE MYTH OF BATTERED WOMAN SYNDROME by KIT KINPORTS* INTRODUCTION In her keynote address, Marina Angel focused on the myths surrounding the scientific validity of the battered woman syndrome.' I now turn to the battered woman syndrome as a legal construct. Here, the myth revolves around the so-called battered woman syndrome defense. In fact, there is no such defense. Nevertheless, the term persists not only in the mainstream media,2 but even in judicial opinions.3 The myth of the battered woman syndrome defense fuels the criticism that domestic violence advocates and feminists seek special treatment for victims of domestic violence who kill their abusers-some sort of abuse excuse.'4 In fact, however, evidence of abuse is introduced in these trials to support a traditional claim of self-defense.5 Before turning to the laws governing self-defense, I would like to urge that we try to keep this issue in perspective. Despite the substantial amount of attention paid to cases where battered women kill their abusers,6 it is the woman who dies in at least three-quarters of intimate partner killings.7 According to the FBI's most * Professor and Polisher Family Distinguished Faculty Scholar, Penn State Law. An earlier version of portions of these remarks was presented at the Saint Louis University School of Law. Kit Kinports, So Much Activity, So Little Change: A Reply to the Critics of Battered Women's Self-Defense, 23 ST. LOUIS U. PUB. L. REV. 155 (2004). 1. Marina Angel, The Myth of Battered Woman Syndrome, 24 TEMP. POL. & CIV. RTS. L. REV. 301 (2015). 2. See, e.g., Laura Berman, Battered Woman in Spotlight, DETROIT NEWS, Nov. 9, 2010, at A3 (noting that a battered woman syndrome defense is permitted in Michigan courts under limited circumstances); Darran Simon, 30 Years for Woman in Boyfriend's Fatal Stabbing, PHILA. INQUIRER, Nov. 16, 2013, at BI (describing a case raising a battered-woman-syndrome defense). 3. See, e.g., Conklin v. Warren, No. 2:12-CV-10385, 2014 U.S. Dist. LEXIS 18771, at *30-31 (E.D. Mich. Feb. 14, 2014) (using the term battered woman syndrome defense); Rasley v. Buss, No. 5:08cv368/RHIEMT, 2011 U.S. Dist. LEXIS 66534, at *69-92 (N.D. Fla. Apr. 11, 2011) (discussing the Battered Woman Syndrome defense); Smith v. State, 144 P.3d 159, 167-69 (Okla. Crim. App. 2006) (addressing the BWS defense). 4. For a discussion of the abuse excuse critique, see infra notes 62-67 and accompanying text. 5. Joshua Dressier, Battered Women and Sleeping Abusers: Some Reflections, 3 OHIO ST. J. CRIM. L. 457, 457-58 (2006). 6. See Kit Kinports, So Much Activity, So Little Change: A Reply to the Critics of Battered Women's Self-Defense, 23 ST. LOUIS U. PUB. L. REV. 155, 155-56 n.6 (describing results of Lexis search showing that law journal articles discussing battered women's self-defense greatly outnumber court opinions). 7. Uniform Crime Reports, Expanded Homicide Data Table 10, Murder Circumstances by Relationship, 2013, FBI http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-

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