1 Introduction
Whether it be due to the ever prominent abuse of alcohol, or to the raging tempers due to everyday stresses of living in South Africa at the present moment, it can be said that perpetual domestic violence has found a place in our society, as those cases are increasingly being reported. The term ‘Battered Women’s Syndrome’ is used when referring to cases regarding a cycle of domestic violence, and through the course of this essay, this Syndrome will be investigated using a variety of sources - including South African and International case law - in order to discover whether, and to what extent, Battered Wives Syndrome constitutes a defence to a charge of murder in terms of South African law.
2 Battered Wives Syndrome
A battered wife can be defined as someone – not necessarily a woman – who is subjected to perpetual domestic violence over an extended period of time to the extent that the violence develops into a cycle. This means that the abused is never sure when or where the next attack will take place.
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Criminal incapacity can take the form of either pathological or non-pathological incapacity. For purposes of this paper, the focus will be on non-pathological incapacity, specifically in the form of provocation and emotional stress. The law recognises that provocation in the form of a cycle of domestic violence can be seen as a mitigating factor to the killing of the abuser by the abused, such as in the case of State v Ferreira. This means that owing to the cycle of abuse suffered, the accused acted as a result of provocation and emotional stress, even when there was no present threat. This in turn, can be seen to negate criminal capacity which means that the accused will either be acquitted or ordered to serve a lighter sentence due to BWS being a mitigating
1. The Case Osland v R was a matter appealed to The High Court of Australia from The Supreme Court of Victoria. The matter involved Heather Osland (as seen right) one of the accused, her son David Albion the other defendant and their husband/stepfather Frank Osland the victim. The Victorian director of public prosecutions on behalf of the Queen conducted the prosecution, and was the respondent in this appeal. Heather was convicted of murder.
I think it would be difficult for the prosecution to form an argument off of my points. The prosecution admitted that they don’t argue that Ms. Stephens is a victim of abuse, but rather is not suffering from battered woman syndrome. Once I use all of my witnesses and explain how Ms. Stephens is a clear case of battered woman syndrome, I think they will have a difficult time arguing that considering she clearly has every sign and symptom. The only argument I think they can use would be that because Mr. Stephens went to take a nap, Ms. Stephens could have just called the police and not shot him herself. I think members of the jury may also agree with this purely on the basis that those who aren’t victims of abuse can easily have the mindset that
In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.
Domestic violence has attracted much attention of the sociologists in India since the decades of 1980s. Violence affects the lives of millions of women, worldwide, in all socio- economic and educational classes. It cuts across cultural and religious barriers, impending the right of women to participate fully in society. Domestic violence occurs in all cultures; people of all societies and classes. In earlier times, violence against women was a result of the prevalent atmosphere of ignorance and feudalism.
“Sexual, racial, gender violence and other forms of discrimination and violence in a culture cannot be eliminated without changing culture.” - Charlotte Bunch. Domestic abuse is a hostile dispute involving the use of violence among household or family members. It is a universal phenomenon that occurs in all races, ages, socioeconomic backgrounds, occupations, and genders (“What is Domestic Violence?”).
Introduction: According to the Canadian Ministry of Labour, domestic violence can be described as a pattern of behavior used by an individual to establish and maintain power and control over another individual with whom they have an intimate relationship, through different means
Glady’s Heavenfire Case Battered Woman Syndrome has provided women who have been abused at the hands of their partners recognition in the criminal justice system and is allowing women to tell their stories. Although there are controversies surrounding battered woman syndrome, it should not be viewed as an excuse for killing their partners. It is a real disorder that has affected thousands of women 's lives all over the world. Discussing the Gladys Heavenfire case will bring awareness to the life of a woman who has been abused by her partner for several years. Furthermore, it provides information on Indigenous women who are more likely to suffer abuse than white women.
To better understand the cause of intimate violence will help to come up will help come up with a better solution on solving this problem. There are various theories that have come up to explain the main causes of domestic violence, some include; learned helplessness theory, Intergenerational Transmission Theory, Social–Psychological Model and the feminist theory. All of these theories have tried to illustrate the causes of domestic violence. In this paper, I will target my writing on the feminist theory where it emphasizes power and gender inequalities in relationships. The theory focuses on how societal messages that makes it alright for a male to use aggression and violence, and the gender roles that dictate how women and men should act in their relationships
Domestic Violence in Partnerships Domestic violence is a topic that deserves our attention. 1 in 3 women and 1 in 4 men have experienced some form of physical violence from an intimate partner. (NCADV)
Originally, The Violence Against Women Act (VAWA) was intended to change thoughts and attitudes towards domestic violence, foster awareness, improve services, and review the way in which the criminal justice system responds to domestic violence and sex crimes. It took many years for this act to be considered a success. There was many violent crimes against women, therefore an act had to be implemented that would protect women against their aggressors. There are many supporters who consist of professionals from the battered women’s movement, sexual assault advocates, victim services field, law enforcement agencies, prosecutors’ offices, and the courts. The historical background, description of the problem that necessitated the policy, description
Domestic Violence is often defined as the recurring pattern of behaviour in an intimate relationship that is used in order to control, maintain or gain power over a partner; this includes physical, sexual, emotional and psychological abuse (Davies 2008, p. 1; Department of social services 2015 & Australian Bureau of statistics 2013). The principal purpose of this essay is to offer a range of sociological explanation that justifies why domestic violence is happening. Social conflict and symbolic interactionism are the two theories that have been explored. The paper argues that micro level analysis offers a deeper understanding of the motivation behind domestic violence, compared to a macro level one. The study also contains recommendations that
Many women are experiencing controlling and violent environment which should be about intimacy, love and care. In relation to this social justice issue, domestic violence all these theories can be applied effectively to assist in a practitioner’s work. Psychodynamic is a micro leveled practice involving more individualized work investigating the user’s unconscious behaviors and mental processors. Systems theory focuses on keeping a balanced equilibrium with marriage counselling and other forms of community assistance to help the user adapt to their environment. The critical perspective, feminist theory, works alongside the user in order to help identify social injustices and assists to empower and educate them.
In marcia’s case of violence and abuse, there are facts that prove her to be innocent of the murder of her husband, as well as guilty. Several details about the case show how the husband is at fault as they relate to specific theories of family violence and domestic abuse. On the other hand, Marcia may be seen as guilty due to legal matters of her acts of violence. One detail about Mitchell that sticks out greatly in this case, is that he did not work.
Relationship abuse is a pattern of coercive and abusive behaviors. Most of the time when abuse goes on during a relationship, it is kept a secret because the victim is afraid of telling. The behaviors that go on are to maintain total control over a spouse or an intimate partner. Relationship is a choice or in other words it’s a learned behavior. Most abusers believe that they can do what they want and get away with it.
Third, at the time of the killing, the batterer must have posed probable--not necessarily immediate and actual-- grave harm to the accused, based on the history of violence perpetrated by the former against the latter. Neither did the appellant proffer sufficient evidence in regard to the third phase of the cycle. In the case of Marivic's history of abuse fit the definition of BMW ( Battered Woman Syndrome ) for she had suffered beatings from her husband during most of