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7 Geo. J. Gender & L. 761 (2006)
Battered Woman Syndrome

handle is hein.journals/grggenl7 and id is 771 raw text is: CRIMINAL LAW CHAPTER BATTERED WOMAN SYNDROME JESSICA SAVAGE I. DEFINING BATTERED WOMAN'S SYNDROME .................... 761 I. TtiE EVOLUTION OF BWS IN THE LEGAL SYSTEM ................. 762 III. THE SPECIFICS OF EXPERT TESTIMONY .......................... 765 IV. THE CRITICISM OF BATTERED WOMAN SYNDROME ................ 767 INTRODUCTION Battered Woman Syndrome is a psychological theory that is meant to explain a pattern of behavior that women who are abused by their partners exhibit. It was first introduced into the legal system through claims of self-defense. More specifically, it serves as an explanation for why abused women ultimately kill their abusive partners rather than leave them. Now, every jurisdiction accepts expert testimony on Battered Woman Syndrome to support claims of self- defense. In fact, recently, several states have codified its use by statute. As the use of Battered Woman Syndrome became more accepted in the legal system in general, the introduction of expert testimony by prosecutors in domestic violence cases has been allowed. However, in order for expert testimony regarding Battered Woman Syndrome to be admissible in any case, the testimony must be in line with Federal Rules of Evidence 401, 702, and 403. As the prevalence of expert testimony on Battered Woman Syndrome has increased, so too has the criticism regarding its use. In particular, many critics argue that it labels women as helpless and submissive and ignores the emotional complexities that arise in relationships in which battering occurs. Despite this criticism, Battered Woman Syndrome persists within the legal system, and the introduction of expert testimony regarding it has increased over the years. I. DEFINING BATTERED WOMAN SYNDROME Battered Woman Syndrome (BWS) is a psychological theory that is meant to explain why women choose to kill abusive partners rather than leave them.' It was developed in the late 1970s and early 1980s by legal scholars and practitioners, the foremost expert of whom is Lenore Walker. Walker defines the 1. See Rebecca D. Comia, Current Use of Battered Woman Syndrome: Institutionalization of Negative Stereotypes About Women, 8 UCLA WOMEN'S L.J. 99, 101 (1997).

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