These legalized injustices have documented a social mindset that is not easy to eradicate after centuries. It is only in the last fifteen years that most states have criminalized the rape of his wife by a man. Some states require physical injuries to accompany rape. The true legacy of these laws and practices remains in our perception of women and their position vis-à-vis men. In many parts of our society, sexual submission is one of a woman`s feminine duties. It is estimated that in 2010, „about one woman” is beaten „every seven seconds. It is estimated that one in four American women will be physically or sexually assaulted through intimacy in her lifetime. [6] The confluence of currents in the social current of the 70s provided a movement dedicated to women`s equality and a series of research papers that could explain the experiences of abused women in the concept of reason. This was the birth of what became known as the „Defense of the Battered Woman.” This defense is actually nothing more than a woman`s use of self-defense in the context of her experience as a battered woman. The condition is the basis of the legal defense of the battered woman, which has been used in cases of physically and psychologically abused women who have killed their male partners.
The disease was first the subject of extensive research by Lenore E. Walker, who used martin Seligman`s theory of impotence to explain why women remained in relationships with abusive men. [1] [3] Scholarly critique of impotence: Empirical studies strongly contradict claims about the powerlessness of abused women in situations of domestic violence. Lee Bowker in Ending the violence: a guidebook based on the experience of 1,000 battered wives notes that women use up to seven coping strategies (including talking, extracting promises, nonviolent threats, hiding, passive advocacy, avoidance, and counter-violence) and seek „resources,” both informal (such as family, in-laws, and neighbors) and formally (such as police and social services). Bowker`s findings include the claim that battered women`s problems are „social, not psychological” and have more to do with „the intransigence of their husbands` preference for domination and the lack of support from traditional institutions” than with their passivity or powerlessness. Although the diagnosis focused primarily on women[4], it was sometimes applied to men when the term battered syndrome was used, especially in the context of a legal defense. [3] [5] Although this is a milestone in recognizing the plight of abused women, Ms. Hughes based her defence on the ground of temporary insanity. This case, heard in 1977, marks the end of one era and the beginning of another. Dr. Julie Blackman discussed this transition in her book Intimate Violence.
At that time, we were in the midst of a feminist movement that advocated for equal rights for women in all areas of society. Part of this movement has focused on raising awareness of the plight of battered women and the fundamental injustice of their situation. In the mid-1970s, the first shelters for sick women in the United States were opened, challenging old ideas about women in the criminal justice system. The case of Yvonne Wanrow, tried by the Washington State Supreme Court in 1977, was a decisive step forward for women in self-defense cases. Wife. Wanrow had appealed a murder conviction, complaining that the trial court had instructed jurors on the issue of self-defense, using only the male sex to explain the circumstances justifying the use of force in self-defense. She and her lawyers believed that the use of the male sex implicitly advised the jury to use a male standard to assess the relevance of a woman`s behavior. It seems hard to believe that much progress was in the right of a woman to have „she” and „she” replaced by „he” and „him” when a jury considered the circumstances in which she used violence to defend herself. But that`s exactly what happened. Once the report of battered woman syndrome has proven to be relevant and permissible, it must also outweigh its adverse effects. The Court of First Instance admitted evidence of Dr.
Ibn-Tamas` previous acts of violence against his wife. Thus, in light of the evidence already before the Court, the D.C. Court of Appeal ruled that the admission of Dr. Walker`s testimony had only minimal negative effect. Dr. Walker`s statement on battered woman syndrome was „very conclusive” and was directly related to Ms. Ibn-Tamas` perceptions at the time of the murder, which were at the heart of her claim for self-defense. In a series of appeals against murder convictions, feminist groups (including Southall Black Sisters and Justice for Women) have questioned the legal definition of provocation and won court recognition of battered woman syndrome.
[17] [18] [19] [20] [21] Battered woman syndrome has been increasingly associated with PTSD by its pioneer and others. Although not included in the Diagnostic Manual for Mental Disorders, the DSM-IV, recent empirical research supports the link between the characteristics of abused women and victims of PTSD. Lenore Walker, a psychologist, provided a way to help women explain their experiences in a criminal trial in which women`s use of violence to defend themselves was an issue. In her book The Battered Woman, published in 1979, she outlined a theory based on research with abused women that relates to the structure of a striking relationship, from the point of view of understanding the position of the woman. She proposed the „battered woman syndrome” to explain why a woman stayed. She also described the characteristics of these relationships. She suggested that broken relationships had a cycle of violence that consisted of three phases, and that women in these relationships often suffered from learned helplessness. Dr. Walker`s groundbreaking work has described a number of myths associated with women victims of violence and the characteristics of women themselves. Myths included the belief that beatings were not widespread, that this did not happen to white middle-class women, that women were masochistic, that they could leave at any time, and that battered women deserved to be beaten. Women themselves are said to suffer from low self-esteem, have traditional values about relationships, take responsibility for violence, and believe they are isolated, among other things. The three phases of the repeated cycle of violence consisted of the phase of rising tension, the acute blow and the phase of remorse, during which the thug flooded the women with affection and promised never to repeat the behavior.
Later anecdotal information suggests that the phase of remorse may disappear over a long period of time, replaced by periods better described as a lull in hostilities. At this point, the apologies and remorse that helped keep the woman in the relationship are replaced by the fear of leaving. It is not surprising that a man who has the right to abuse his wife is the king of the castle and the breadwinner. Women have been relegated to the traditional supporting roles of housewife and mother. A generation ago, national magazines talked about the wife and her importance in supporting her husband`s career. It was expected that women`s careers would be in teaching and nursing. Not so long ago, a woman could not be found in the conference room, in a police station or on the construction site. Few women could aspire to become doctors, lawyers, or any other profession that might take too long and interfere with the duties of motherhood and wife. These professions, too, did not correspond to the image of a passive and submissive „good woman”. A third approach is to create a completely new concept of self-defense based on a reasonable battered woman.