Marriage-Like Relationships: Can Battered Woman Syndrome or Reality be Pleaded in Social Security Law?

Alternative Law Journal, Vol. 34, No. 3, pp. 174-177, 2009

4 Pages Posted: 24 Nov 2009 Last revised: 20 Jun 2018

See all articles by Patricia L. Easteal

Patricia L. Easteal

University of Canberra - School of Law and Justice

Derek Emerson-Elliott

University of Canberra

Multiple version iconThere are 2 versions of this paper

Date Written: 2009

Abstract

The effects of living in domestic violence upon its victims’ ability to make choices have been documented in various legal areas. For instance ‘learned helplessness’ and the other disempowering effects of domestic violence are now well recognized in the criminal law relating to murder and provocation. Evidence showing how victims’ choice-making may become constrained thus affecting their capacity to leave the violent relationship has been deemed as relevant in a number of cases. But battered woman’s syndrome, or what is perhaps better described as ‘battered woman’s reality,’ has had only patchy acceptance in case law outside of homicide. A recent Administrative Appeals Tribunal decision suggests though that it may now be achieving acceptance in social security law.

Keywords: domestic violence, murder, provocation, battered women

Suggested Citation

Easteal, Patricia L. and Emerson-Elliott, Derek, Marriage-Like Relationships: Can Battered Woman Syndrome or Reality be Pleaded in Social Security Law? (2009). Alternative Law Journal, Vol. 34, No. 3, pp. 174-177, 2009. Available at SSRN: https://ssrn.com/abstract=1513003

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

Derek Emerson-Elliott

University of Canberra ( email )

Canberra, Australian Capital Territory 2601
Australia

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