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B A T T E R E D W O M A N

By: Kyana VillalobosOctober 7, 2013

BATTERED WOMAN

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B A T T E R E D W O M A N

BATTERED WOMEN

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B A T T E R E D W O M A N

Men batter four million women a year The abuser is a time bomb lashing out frustrations to

regain power Untold number of women that suffer permanent

disfigurement and disabilities Tracey Thurman Story

BATTERED WOMEN

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B A T T E R E D W O M A N

Battering is about maintaining power and dominance in a relationship

The person abused is trapped in their own home by a batterer who thinks they have the right to do whatever it takes to regain control

Victim of a viscous cycle of abuse: three stages: tension-building, acute phase, and honeymoon stage

National Council on Child Abuse and Family Violence- woman 5x > than men to be victims

Syndrome used as a defense for battered women who kill 1,500 women die from battering while about 1,000

women kill their abusers

IMPORTANCE

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B A T T E R E D W O M A N

CYCLE OF VIOLENCE

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B A T T E R E D W O M A N

In past practically nothing done to help a battered woman. Would treat it as a private family matter

“Rule of Thumb” amendment in a section of British Common Law legalizing the beating of wives by their husbands, provided that the switch or rod used by “no thicker than his thumb”.

1970’s “battered woman syndrome” became a pioneered concept by women’s movement and researcher/author Lenore Walker began to change social attitudes

HISTORY

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B A T T E R E D W O M A N

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B A T T E R E D W O M A N

O.J. Simpson case brought national attention to domestic violence

Earlier he was arrested by authorities for beating his wife so severely she needed hospital treatment

Pleaded no contest to misdemeanor spousal batter charges, served no jail time, paid a small fine, and was allowed to receive counseling over the phone by psychiatrist of his choice

After Nicole Brown Simpson’s, wife, murder event received new attention and he was charged with murder

1994, passage of Federal Violence against women act paved way for changes in laws, provisions for victim restitution, grant money for special programs, and other forms of assistance to local organizations combating violence against women

FAMOUS TRIAL

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B A T T E R E D W O M A N

Before courts held defendants legally responsible for their acts of violence against another person the Supreme Court of North Carolina ruled in 1874 – when a husband “chastises” his wife, “if no permanent injury has been inflicted…it is better to draw the curtain, shut out the public gaze, and leave the parties to forgive and forget.”

Cases involving battered woman who kill abusive husbands or boyfriends, defense attorneys present BWS (battered woman syndrome) clearly and convincingly enough in some criminal trials that jurors accepted BWS as supporting evidence in the defense of temporary insanity and in some cases lawful self-defense

Legal system has misunderstanding to nature of BWS in a case Woman kill or injure spouse or partner as result of continual

physical or psychological abuse

THE LEGAL SYSTEM & COURTS

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B A T T E R E D W O M A N

Not a defense but important piece of evidence Must present proffer of evidence, which is a pretrial offer of

proof to determine the legal sufficiency of the defense Several methods of offer proof Safest defense is attorney presenting summary of defendants

expected testimony Most difficult defense is to place woman on witness stand and

the greatest objection to proffer is requirement that the defendant tells her background twice in detail, during proffer and at the trial

1990, Ohio Governor Richard Celeste ordered the release from prison of 25 battered women who had killed or attempted to kill their husbands on the grounds that they had been denied fair trials b/c expert testimony about battering and domestic violence was not allowed into evidence

THE LEGAL SYSTEM & COURTS

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B A T T E R E D W O M A N

Men batter 4million women a year according to National Clearinghouse on Domestic Violence

Women 15-44 yrs old are injured through Domestic Violence in the United States

Abuser is a human time bomb ready to lash frustrations on his wife to regain power

Untold number of women suffer permanent disfigurement and disabilities from abuse from their spouse

Office on Domestic Violence was finally founded in 1980 by U.S. Department of Health and Human Services in response to concerns of millions of battered women

Hotlines now around the country as well as shelters for battered women

Battered women are more recognized throughout society but courtroom still has much to figure out

STATISTICS TO LEAVE YOU WITH

topic agesWomen injured through Domestic violence

Ages 15-44yrs.

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B A T T E R E D W O M A N

Tracey Thurman Story- http://www.youtube.com/

watch?v=DhNC9VPBXXI

WEBSITES

Back to Beginning

Celeberties- http://www.weinbergerlawgro

up.com/blog/newjersey-child-parenting-issues/10-celebrities-who-were-victims-of-domestic-violence/