NCJ Number
178694
Journal
Psychiatry, Psychology and Law Volume: 6 Issue: 1 Dated: 1999 Pages: 23-49
Date Published
1999
Length
28 pages
Annotation
The absence of any independent verification of Walker's (1984b) original research and the accumulating studies that provide information inconsistent with her theorizing on the battered woman syndrome support the view that battered woman syndrome is not sufficiently scientifically validated to be appropriately used in the forensic context in Australia.
Abstract
Increasing attention to the social and personal circumstances of battered women has highlighted the prevalence and extent of this form of domestic abuse. Criminal cases in which battered women have introduced evidence of their prior abuse as part of a criminal defense or in mitigation of sentence have emphasized the consequences of that abuse. In seeking justice for battered women, battered woman syndrome has been introduced in Australian courts. Although many have been critical of this evidence, some commentators have pragmatically viewed this as a positive development insofar as it has helped to remedy the plight of battered women; however, substantial deficiencies in the methodological basis of relevant empirical research, poor conceptualization of the notions of learned helplessness and the cycle of violence, internal inconsistency in the theory, and a confusion of findings legitimately derived from original research with those derived from the research of others show that the scientific basis of battered woman syndrome is inadequate. This lack of sufficient scientific validation of the battered woman syndrome indicates that it should not be accepted as evidence in Australian courts. 22 notes and 113 references