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Record ID: ee57ce53-fefb-4fb4-99cc-befc6231281b
Type: | Journal Article |
Title: | Battered woman syndrome: advancing women's interests or reinforcing orthodoxy |
Other Titles: | Women against violence : an Australian feminist journal |
Authors: | Stubbs, Julie |
Keywords: | Homicide;Legal issues |
Year: | 1996 |
Publisher: | CASA House (Centre Against Sexual Assault) |
Citation: | November 1996 |
Notes: | Reports on the findings of a review of recent Australian court decisions involving women in violent relationships who had murdered their husbands, where expert evidence relating to battered woman syndrome (BWS) was utilised. Four questions were posed. Firstly, has the introduction of BWS contributed to broader interpretations of the rules of self-defence so as to avoid gender bias? Secondly, has it assisted in the development of non-gendered constructions of reasonableness? Thirdly, has it allowed for women’s behaviour to be placed within the broader social context? Lastly, has BWS succeeded in challenging any of the stereotypes and dichotomies inherent in legal processes? In relation to the first two questions, the study found that BWS was generally used as an explanation of a woman’s failure to meet conventional male standards rather than to challenge them. In relation to the third and fourth questions, the social context continues to play a minor role, in contrast to the psychology of the perpetrator, in explaining abusive situations, and BWS has generally failed to transform the damaging stereotypes and conventional dichotomies of legal thought. Concludes by highlighting the failure of BWS to recognise intersectional forms of disadvantage and the failure of the law in general to adequately encompass women’s experiences. |
URI: | https://anrows.intersearch.com.au/anrowsjspui/handle/1/13575 |
ISSN: | 1327-5550 |
Appears in Collections: | Journal Articles |
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