Battered Person Defense
Definition
1. Legal defense representing that the person
accused of an assault or murder was suffering
from battered person syndrome.
2. Refers to a plea of self-defense by a person who,
because of constant and severe domestic
violence, usually involving physical abuse,
becomes:
• depressed and unable to take action to escape
the abuse
• fearful for their life or physical safety.
Battered Person Defense
Theory: Stages of Battered Person Syndrome
1. Tension building stage
• victim suffers verbal abuse or minor physical
violence.
• victim attempts to pacify the abuser.
• this passivity might reinforce the abuser’s violent
tendencies.
2. Acute battering incident
• both perceived and real danger is maximal.
3. Loving contrition
• battering incident is over.
• batterer apologizes and promises to change.
Battered Person Defense
Limitations
1. There is no consensus in the medical profession
that severe and ongoing abuse results in a mental
condition severe enough to excuse alleged
offenders.
2. “Learned helplessness,” or the inability to escape
the abuser seems contradictory with the “active
engagement” of assaulting or murdering of the
abuser.
Battered Person Defense
History
Battered woman syndrome has been part of the legal lexicon
since 1978, when Miriam Grieg of Billings, Mont., was found
not guilty by reason of self defense after shooting her
husband six times and killing him as he lay in bed.