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https://anrows.intersearch.com.au/anrowsjspui/handle/1/12622
Record ID: d748cdda-7b2f-45c8-9c80-564fc1362d4b
Type: | Journal Article |
Title: | Understanding the battered woman who kills her violent partner: the admissibility of expert evidence of domestic violence in Australia |
Other Titles: | Psychiatry, Psychology and Law |
Authors: | Bradfield, Rebecca |
Keywords: | Criminal justice responses;Homicide |
Year: | 2002 |
Publisher: | Australian Academic Press : Samford Valley |
Citation: | 9 (2), 2002 |
Notes: | This paper argues that the use of ‘battered woman syndrome’ evidence has failed in making self-defence more accessible to women who kill their violent partners and suggests an alternative approach. Instead of relying on expert testimony to determine if a woman presents depression, decreased self-esteem and learned helplessness, domestic violence cases should use broader social framework evidence. A fact-finding process, which discards any myths and stereotypes about women who experience intimate partner abuse while recognising the nature of domestic violence, is more appropriate to understand a battered woman’s account of reasonable necessity. This approach would take into account the defendant’s experiences of violence and her broader social context, challenging the current construction of women as either victims or agents. |
URI: | https://anrows.intersearch.com.au/anrowsjspui/handle/1/12622 |
ISSN: | 1321-8719 |
Appears in Collections: | Journal Articles |
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