Domestic Violence | Battered Woman Syndrome | Los Angeles Divorce Law Attorney

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WHAT IS A BATTERED WOMAN SYNDROME?

In 1979, Lenore Walker introduced the term “battered woman syndrome” to explain the intense
emotions and coping mechanisms of a battered woman. It is now classified as “battered person
syndrome” by the World Health Organization (ICD-9 code 995.81). Although there has been
academic debate over the terminology, the ideas behind battered person syndrome (BPS) are
widely accepted. Some states have even made them into law. For example, California
Evidence Code Section § 1107 allows expert testimony in certain criminal cases about “the
nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior
of victims of domestic violence.” The statute specifically provides that intimate partner battering
is not “a new scientific technique whose reliability is unproven.”

Lenore Walker described three stages in a typical battering relationship: stage 1, where small
incidents lead to increased tension; stage 2, the violent outburst; and stage 3, a calm period of
apologies, promises, and possible denial by the battered woman of the seriousness of the
situation. This cycle of violence results in a battered woman trying to minimize or deny the
batterer’s abuse out of fear, shame, self-blame, or belief the batterer will change. Sometimes,
even if the battered woman chooses to report the abuse or get help, she can be deterred by a
daunting legal system and inadequate police or social service response.

HOW DO YOU IDENTIFY BATTERED WOMAN SYNDROME?

There is no checklist of symptoms for battered person syndrome. Each situation is unique. In
essence, the underlying theory of BPS is that the effects of battering go beyond physical, sexual,
and psychological abuse. In her article “Battered Woman Syndrome” Nancy Kaser-Boyd, PhD,
describes the cognitive, emotional, physiological, and behavioral effects of battering on
domestic violence victims (Sexualized Violence against Women and Children, 2004). Some of
the behavioral effects Kaser-Boyd describes include victims hiding or minimizing the violence,
failing to follow through on criminal charges, leaving and returning to the abusive relationship,
becoming passive or immobilized, and developing low self esteem. Physiological changes are
similar to that of posttraumatic stress disorder (PTSD) and can include far-ranging symptoms
such as a heightened sense of danger; intense emotions of fear, vulnerability, and anger; denial;
self-medication with drugs or alcohol; sleeping disorders; and physical symptoms of stress such
as chronic fatigue and an impaired immune system.

Kaser-Boyd asserts that it is important to understand the effects of fear on a battered woman. It
can cause the victim to deny the battering or retract police reports. Fear can lead to the battered
woman avoiding reality and blocking out painful memories. These effects worsen as the abuse
becomes more severe. In extreme cases, a seriously battered woman can even develop
psychotic symptoms.

PSYCHOLOGICAL TESTING

Psychological testing has been used to identify symptoms of BPS and their severity, and assess
the credibility of battered women. Three psychological tests used in this clinical research are the
Minnesota Multiphasic Personality Inventory (MMPI and its revision MMPI-2), the Millon Clinical
Multiaxial Inventory (MCMI and MCMI-II), and the Rorschach. All three of these tests have
indicated that the symptoms of battered woman syndrome are very similar to those of PTSD.

On the MMPI and MMPI-2, battered women are often found to elevated scales 4, 6, and 8, which
represent a high level of family discord, fear, feeling threatened, and disruptions in their
boundaries or reality testing. The elevated levels in a battered woman are similar to elevated
levels found in Paranoid Schizophrenia and individuals with PTSD and other types of trauma.
Nancy Kaser-Boyd conducted testing on battered women using the MCMI-II and found that they
had elevated levels on the avoidant, dependent, self-defeating, anxiety, and dysthymia scales. In
one study, she found that battered women who killed their batterer had higher elevations overall;
this suggested a more severe form of BPS. They also had a higher elevation on the Schizoid
scale which is also found in severe cases of PTSD. In addition, the Rorschachs of battered
women have closely paralleled those of people suffering from PTSD.

EXPERT TESTIMONY

Kaser-Boyd emphasizes that, in legal matters involving battered women, expert testimony can
be essential. Often, battered woman syndrome can have effects that defy common sense. The
expert is necessary to explain how the fear resulted from the amount of threat to the battered
woman’s safety in each unique situation. Typically, expert testimony should be used to establish
that the person, usually a woman, is a battered woman, she displays common symptoms that
result from battering, and that there is a nexus between the legal issue and experience of
battering. Testimony is also used to educate the jury and court and dispel preconceived notions
about domestic violence. Also, expert testimony is essential in cases where a battered woman
kills her husband in self-defense or where the battered woman becomes involved in criminal
activities under duress from the batterer. Although in criminal cases, no Kelly foundation need
be laid for BPS by virtue of Evidence Code § 1107, it still cannot be used when it is offered
“against a criminal defendant to prove the occurrence of the act or acts of abuse which form the
basis of the criminal charge.” This would amount to an improper character or similar act
evidence. The same would be true if an expert testified to BPS in a civil case.

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