Women in Criminal Justice: Analytical Essay
CJ 1001 - Introduction to Criminal Justice
University of Cincinnati
Imagine it, you have found the love of your life! He is tall, great head
of hair, gorgeous eyes and a smile that could charm the pants off
anyone. You could not be happier or more in love. Then, not long
after your wedding day, everything changes. He is soon monitoring
your every action. Giving you permission to whom you can and
cannot speak to. Insulting you, and lastly begins to get physical. You
make up excuses, telling yourself, family and friends ‘he is acting this
way because he is stressed’, ‘he did not mean to hurt me, it was an
accident’, ‘I pushed him too far’, and all the while he is telling you ‘he
loves you’, ‘it will not happen again’, or that ‘he will change’.
Unfortunately, this a norm for many women. Some battered women
are trapped in the endless violent cycle. Some escape, constantly
living in fear that their abuser will find them. Some are murdered
during a violent attack. Some fight back, and while defending
themselves, end up injuring or killing their attacker. Throughout this
paper the battered women’s defense will be examined. Firstly, it will
be determined what the threshold is to be considered a ‘battered
woman’. It will then be discussed how the battered woman defense
came into force, when this defense is considered valid, and lastly how
this defense affected battered women throughout the justice system.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
Lenore Walker describes battered women’s syndrome as “an act that
has been committed and is necessary to protect themselves, or their
loved ones – usually children” (Walker, 2002, p. 321). It is often used
in a court proceeding to show the judge and the jury what the
woman’s state of mind would have been at the time of the murder, as
they typically do not occur in the traditional fashion that one might
think of. This means that typically the man is sleeping, and is not
participating in a physical assault on the woman at the time of the
crime. According to Walker, prior to this defense, there was no
defense for this type of crime and women were advised by their
lawyers to plead guilty. During this time if a defense was given, it was
usually in the form of an insanity plea (Walker, 2002, p. 321).
Many of these women claim that they committed these acts due to
feelings of terror and desperation (Bartollas & van Wormer, 2014, p.
240). Meaning that they feel there is no other escape that is available
to them other than to take another person’s life – often times a person
they have loved, shared memories, or even made a family with – or
risk having their life ended at the hands of their partner. The abused
womans’ only escape is to use force in self-defense.
Despite the defense, in a 2012 report done by the National Institute of
Justice, it has been found that one in every four women will be
physically assaulted by a partner, or an ex-partner in her life-time
(Bartollas & van Wormer, 2014, p. 229). This number seems quite
high, and something ought to be done about the high levels of attacks
women are encountering throughout their lives, more so on the end of
law enforcement. There are several cases where the woman has
reached out for help regarding death threats, assaults etc from
partners/ ex-partners. Due to the process, lack of past reports, retracted
charges, some women are often murdered before enforcement sees
that they were in real danger. As a result of poor resources for battered
women, over fifty percent of all women who are killed in the United
States are murdered by previously violent husbands, usually when
they attempt to terminate the relationship (Walker, 2002, p. 334).
Currently, in most Countries, it is against normative social values for a
man to ‘beat’ their wife/ partner. However, historically, there was a
time where a man had a right to behave in such a way towards a
woman. So long as the violent act was not excessive, and rather used
to correct unwanted behaviour, it was deemed acceptable (Bartollas &
van Wormer, 2014, p. 227). These were the days where women were
seen as chattel rather than as people, and a marriage certificate was
proof that the man had ownership of his wife, which was indoctrinated
by the English Common law. However, it took until the early 1980’s
for this defense to receive some acceptance within the court system.
As the defense became more and more popular, it became clear to
attorney’s, health practitioners and psychologist the full extent to
which the woman was affected by these violent attacks (Walker, 2002,
p. 322).
It is said that Battered Woman Syndrome is a sub-category of Post-
Traumatic Stress Dissorder (PTSD). It is a collection of thoughts,
feelings, and actions that logically follow a frightening experience,
where one could expect the experience to repeat (Walker, 2002, p.
327). PTSD is a diagnostic category found in the Diagnostic and
Statistical Manual of Mental Disorders (DSM5) and is often what
military persons are diagnosed with upon return from intense combat.
Many of the military persons who are diagnosed with PTSD often
receive extensive therapy and medication in order to attempt to retrain
their brain to refrain from the fight aspect of our innate ‘fight or flight’
response, and instead process the situation and access it, knowing that
they are safe, and no longer in danger of repeated traumatic
experiences. Battered women do not have access to this type of
treatment due to social stigma’s placed upon them. Most see it as a
private civil issue that does not require intervention.
In 1994 the Violence against Women Act was enacted in the United
States. This Act is federal legislation that provides and prevention and
prosecution of violent crimes against women and children, and those
who became victims as a result of said crimes (Bartollas & van
Wormer, 2014, p. 228). This Act was to allow the public to recognize
the severity of domestic crimes happening all around them. It was to
raise awareness about the effects of violence, sexual assault and
stalking of women and the hands of their partner. Similarly, across
Canada, several provinces have enacted their own legislation that
pertains to the protection of women when dealing with abusive
partners. Many of these provincial legislations define domestic
violence to include: physical abuse, threats and property damage,
forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In
2000 a provincial act was brought to the table in Ontario called the
Domestic Violence Protection Act, which was put in place to better
protect he victims of domestic violence. This Bill was introduced by
the Progressive Conservative Party during the time that Mike Harris
was in office. Although the Bill passed the stages in becoming a
legislative document, it was never enacted.
According to Walker, a psychologist is to examine the battered
woman to determine her state of mind at the time she retaliated,
attacking/ killing her abuser. The psychologist first needs to determine
if the woman was battered. This could be done by looking into past
hospital records, out cries to family/ friends about the abuse, and or
past police reports. Secondly, the psychologist is to determine if the
abuse caused the development of Battered Woman Syndrome. Lastly,
how that impacted on the woman’s state of mind at the time of the
attack for which she is now being charged with. Was she angry? Was
she in fear for her life (not necessarily in that exact moment)? The
crime itself is closely investigated. Any and all evidence is gone over
carefully as to access the defense appropriately.
Walker defines self-defense as ‘the use of equal force or the least
amount of force necessary to repel danger when the person reasonably
perceives that they are in imminent danger of serious bodily harm or
death (Walker, 2002, pg. 323). Walker then goes onto state how the
legal definitions and interpretations of these words are highly
important, due to the fact that should one of the standards not be met,
the entire testimony may be inadmissible. According to an article
published in 2012, there is a distinct difference between how woman
who kill their abuser are criminally punished (Sheehy, Stubbs &
Tolmie, 2012). Typically, those convicted of first or second degree
murder face a life sentence. The relevant difference between first and
second degree murder with respect to battered women who kill it
whether or not they planned their attack versus hiring a hit man
(Sheehy et al, 2012). This differences is important as it will help the
judge and jury during deliberation and sentencing, as well as parole
eligibility.
In 2013, the Supreme Court of Canada held a case that became a
significant impact on domestic violence. As a result of the R v Ryan
case, there is more clarity on the defense of duress, as well as it shed a
light on the ways in which society and the criminal justice system
responds to cases of domestic violence. The appellant, Nicole Ryan
(now Doucet) had suffered through years of abuse at the hands of her
husband. Weekly, he would taunt her, threaten her, physically assault
her, often times threatened to kill her and stating he would kill both
her, and their daughter should she attempt to leave him. Ms. Ryan
feared for her life and her daughters’ life and decided she would hire a
hitman. Unfortunately, the hitman she hired happened to be an
undercover police man and she was subsequently arrested and charged
with counselling the commission of an offence not committed,
contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186).
Upon trial it was decided that Ms. Ryan was in fact a victim and the
only way out of the violent cycle was, in her mind, to kill her husband
as all other avenues ( local authorities) had been contacted to aide her
and made it known to her that this was a ‘civil matter’ and not a
criminal one.
Obviously not in agreement, the Crown appealed and was met with
the same unanimous decision. Despite the fact that the Crown
attempted to alter the case against Ms. Ryan, claiming duress was now
not valid, the Court rejected the argument stating that ‘the purpose of
the defense of duress is to absolve individuals of criminal liability in
situations which their conduct is morally involuntary’ (R v Ryan,
2013). The Crown then appealed to the Supreme Court of Canada,
where it was decided that the defense of duress was not a valid
defense in this case. Although it was not a valid defense, the Courts
agreed that the abuse suffered had taken a toll on Ms. Ryan and
decided they would not subject her to a new trial, ordering a stay of
proceedings. In addition, the Courts noted that had Ms. Ryan had
received assistants from local law authorities, it is likely that the crime
would not have been committed.
It is easy to see the impact domestic abuse has on a person. As
previously stated, many women who attempt to seek help are often
met with little to no avail. Our society turns a blind eye to women who
claim their abused. They are stigmatized and often shamed into
feeling it is their fault. Many women are never able to escape out of
fear for their lives, loved ones, or simply because they have nowhere
to go, or funds available to relocate. Unfortunately, those who have
never experienced the terror and abuse have this notion that the
solution is easy, just leave. What those people do not know is that
these partners strip the women of all of their dignity, self-worth,
confidence etc and make is so as though the woman is convinced that
no one would believe them if they went to the authorities. The abused
women loose contact with friends and family and become isolated and
eventually prisoners of their own homes as a result of the
psychological and emotional abuse.
In conclusion, it is not always black and white when it comes to using
the battered women’s defense. It takes psychological testing and
analysis to render the woman to have had valid reasoning to murder
her attacker. Despite years of abuse, threats, bruises, there is still no
guarantee that a court will find her defense valid, resulting in a
lengthy imprisonment. As seen throughout the paper, there are many
factors that contribute to the defense being valid, and how the courts
navigate through the controversial matters. Local law authorities need
to create a better approach to handling domestic abuse cases/ claims as
this would drastically alter the outcomes for the women, and save
several lives. Without this change, I fear that women will continue to
have to validate their reasoning for getting the courage to fight back
and regain their dignity. In addition, communities need to come
together and create more shelters and funding for women who are able
to escape. These women could be our mothers, our sisters, our
daughters. They need all the help we can give, with zero judgment.
References
Bartollas, C. & van Warmer, K. (2014). Women and the Criminal
Justice System (4th ed.). New Jersey: Pearson
Domestic Violence Protection Act, 2000, S.O. 2000, c. 33 – Bill 117
Girard, A., 'Ontario Domestic Violence Protection Act: An analysis of
discourse.' (2006). Electronic Theses and Dissertations. 2931
McQuigg, R. (2013) The Canadian Supreme Court and Domestic
Violence: R v Ryan, 2013 SCC 3
Sheehy, E., Stubbs, J., Tolmie, J., (2012) Battered women charged
with homicide in Australia, Canada and New Zealand: How do they
fare? Sage Journals 45(3)
Walker, L. E., (2012) Battered Women Syndrome and Self-Defense, 6
Notre Dame J.L. Ethics & Pub, 312 – 334. Retrieved from
http://scholarship.law.nd.edu/ndjlepp/vol6/iss2/3
