Domestic Violence and Marriage-Like Relationships: Social Security Law at the Crossroads

34(3) Alternative Law Journal 174-177.

5 Pages Posted: 12 Jan 2010 Last revised: 4 Dec 2012

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

Suggested Citation

Easteal, Patricia L. and Emerson-Elliott, Derek, Domestic Violence and Marriage-Like Relationships: Social Security Law at the Crossroads (2009). 34(3) Alternative Law Journal 174-177. . Available at SSRN: https://ssrn.com/abstract=1535108 or http://dx.doi.org/10.2139/ssrn.1535108

Patricia L. Easteal (Contact Author)

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

Australia
+61 (0)2 6201 5779 (Phone)
+61 (0)2 6201 5764 (fax) (Fax)

Derek Emerson-Elliott

University of Canberra ( email )

Canberra, Australian Capital Territory 2601
Australia

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