NCJ Number
96497
Journal
Criminal Justice Journal Volume: 7 Issue: 1 Dated: (Fall 193) Pages: 153-170
Date Published
1983
Length
18 pages
Annotation
Courts which have accepted the validity and relevance of the battered woman syndrome as a defense to murder of a husband should also be receptive to a battered spouse syndrome defense which would include battered husbands as well as battered wives.
Abstract
Although the battered husband syndrome was rejected in the California case of People v. Walker, this does not indicate the California court's dislike of a battered husband or battered spouse defense. Instead, it demonstrates that some cases are not appropriate for asserting such a defense. Walker claimed that he was an emotionally battered husband because he had to give up dancing and other hobbies and his wife controlled all his activities. However, he had discussed his desires and plans to kill his wife with a witness and had been helped by the witness to stage a burglary and to hit Walker over the head to add authenticity to Walker's story that the burglar had killed his wife. A battered spouse defense is not a license for abused spouses to kill their abusers. Instead, under the circumstances involving fear of death at the hands of the abuser, such a defense might be appropriate. The reluctance of battered men to admit their situation has prevented these cases from reaching court. As men overcome their fear of ridicule and shame, the courts will have more contact with battered husbands who kill. Eighty-six footnotes are supplied.