Battered Woman Syndrome (BWS) has been unsuccessful when raised as part of an in

Question

Battered Woman Syndrome (BWS) has been unsuccessful when raised as part of an insanity defense and often discounted in claims of diminished capacity (often due to difficulties in meeting Daubert standards).

Do you think it is correct for courts to do this? Should women who have been battered be able to claim this as a defense, even though it is not a mental disorder recognized in the American Psychiatric Association's Diagnostic and Statistical Manual? Why or why not?

Would a woman in such a situation be better advised to pursue a defense using Post Traumatic Stress Disorder? Would she fit the diagnostic criteria and meet the legal standards for diminished capacity?

Explanation / Answer

Do you think it is correct for courts to do this? Should women who have been battered be able to claim this as a defense, even though it is not a mental disorder recognized in the American Psychiatric Association's Diagnostic and Statistical Manual? Why or why not?

i do not think it is correct for the courts to do this. Since, women who are undergoing such physical abuse, do suffer through a great amount of trauma and may be further suffering through a number of symptoms such as increased anxiety, depression, denial, dissociation, etc. these symptoms are also coupled with insomnia or different kinds of nightmares, kiss of interest in physical relationships or even loss of trust in people with increase isolation. Only the fact that this syndrome is not separately mentioned in the DSM, should not be the reason to ignore all of the underlying implications of such actions. Hence, the court should consider such victims.

Would a woman in such a situation be better advised to pursue a defense using Post Traumatic Stress Disorder? Would she fit the diagnostic criteria and meet the legal standards for diminished capacity?

In such situations, a woman can very well go on to file with the diagnosis of PTSD, because most of the symptoms are same. She would be diagnosed with PTSD, given her list of symptoms, would be diagnosed with PTSD. Since, PTSD, does qualify for the legal standards of diminished capacity, she could file via that route.

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