Defending Battered Women on Trial: The Battered Woman Syndrome and its Limitations

Elizabeth Sheehy, Julie Stubbs and Julia Tolmie, "Defending Battered Women on Trial: The Battered Woman Syndrome and Its Limitations” 16:6 Criminal Law Review, 1992

26 Pages Posted: 4 Jul 2013

See all articles by Elizabeth A. Sheehy

Elizabeth A. Sheehy

University of Ottawa - Common Law Section

Julie Stubbs

University of New South Wales (UNSW, Australia) - Faculty of Law

Julia Tolmie

University of Auckland

Date Written: 1992

Abstract

The battered woman syndrome has now been raised and accepted in Australian courts on three occasions. This article examines the context in which the battered women syndrome has developed, with particular reference to the perceived difficulties in existing defenses for women who kill a violent man. The use of battered women syndrome evidence in other jurisdictions is examined and the likely problems inherent in its use discussed. Potential strategies for a progressive use of the battered women syndrome, which challenge women-blaming stereotypes, are also considered.

Keywords: battered women syndrome, Australian courts, women, women who kill a violent man, violent man, women-blaming stereotypes

Suggested Citation

Sheehy, Elizabeth A. and Stubbs, Julie and Tolmie, Julia, Defending Battered Women on Trial: The Battered Woman Syndrome and its Limitations (1992). Elizabeth Sheehy, Julie Stubbs and Julia Tolmie, "Defending Battered Women on Trial: The Battered Woman Syndrome and Its Limitations” 16:6 Criminal Law Review, 1992 . Available at SSRN: https://ssrn.com/abstract=2289391

Elizabeth A. Sheehy (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Julie Stubbs

University of New South Wales (UNSW, Australia) - Faculty of Law ( email )

Kensington
High St
Sydney, NSW 2052
Australia

Julia Tolmie

University of Auckland ( email )

Private Bag 92019
Auckland
New Zealand

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