Type:	Journal Article
Title:	"Kill(er) man was a battered wife": the application of Battered Woman Syndrome to homosexual defendants: The Queen v McEwen
Other Titles:	The Sydney law review
Authors:	Simone, Catharine J
Keywords:	Gay/lesbian/transgender;Criminal justice responses;Legal issues
Year:	1997
Publisher:	Faculty of Law
Citation:	19 (2), June 1997
Notes:	Discusses the development and use of Battered Woman Syndrome (BWS) in the context of The Queen v McEwen, the first Australian case in which a homosexual man successfully utilised that psychological and quasi-legal construct as part of a provocation defence. The facts of the case, which took place in Western Australia, and a summary of the expert evidence given at trial are provided and the major issues raised by the legal categorisation of McEwen as a ‘battered wife’ discussed. Highlighting the scarcity of resources available to gays and lesbian victims of domestic violence, it is argued that these groups often face the double barriers of homophobia and an unwillingness to treat domestic violence as a crime. Although the significance of the case, in terms of its recognition of same-sex relationships within the legal system, is acknowledged, it is suggested that the nature and context of same-sex battering cannot be fully understood if we continue to limit ourselves to essentially heterosexual forms of legal reasoning.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12960
ISSN:	0082-0512
Appears in Collections:	Journal Articles

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