Trauma On Trial: Analyising Battered Woman Syndrome As A Legal Defence
- IJLLR Journal
- May 26
- 1 min read
Ananya Anand, BA LLB (H.), Faculty of Law, University of Delhi
Shreshtha Arora, BA Psychology + Philosophy, Jesus and Mary College, University of Delhi
ABSTRACT
Battered Woman Syndrome (BWS) has emerged as a significant yet contentious legal defence, highlighting the psychological impact of sustained domestic abuse on survivors who retaliate against their aggressors.
This paper examines the intersection of BWS, criminal law, mental health, and human rights, further arguing for legal reforms that accommodate trauma-induced responses within justice systems. Traditional self-defence laws, which require an imminent threat, fail to account for the cumulative nature of abuse, often leading to unjust convictions. Recognizing BWS within standardized legal frameworks, expanding self-defence provisions to acknowledge prolonged trauma, and integrating expert panels in judicial proceedings are crucial steps toward ensuring fair assessments. Furthermore, trauma-informed judicial training, rehabilitative sentencing alternatives, and strengthened protective measures for domestic violence survivors are essential for fostering legal approaches rooted in human rights and equity. By addressing systemic failures and incorporating trauma-sensitive perspectives, legal systems can uphold justice while safeguarding the dignity of individuals subjected to prolonged violence.
The paper utilizes pre-existing research conducted and published within the domains of psychology and law, along with legal precedents, in order to analyse Battered Woman Syndrome as a legal defence.
Keywords: Battered Woman Syndrome, domestic violence, legal defence, criminal justice reform, human rights.
