Download The Battered Woman Syndrome

The Battered Woman Syndrome
Walker, Lenore E., Duros, Rachel I., & Tome, Allison
History of Domestic Violence and the Law
Reports of domestic violence have been found to have been present as long as there are
records. Domestic violence is defined as the physical, sexual, and/or psychological abuse by one
person (mostly men) against another person (mostly women) with whom there is an intimate
relationship in order to get that person to do what he wants without regard for her rights.
(Brownmiller (1975) and Jones (1980) suggested that the origin of the family and monogamous
relationships began as a way for women and children to be protected from physically and
sexually aggressive nomadic men. Unfortunately, the family has not been a safe haven for some
women and children. Laws condoning the practice of wife-beating were common in the United
States and other countries until very recently (Jones, 1980). Since men were given the legal
responsibility of protecting their wives and children, they also had the right to discipline them.
During the renewed women’s movement that began in the early 1970s in the U.S., as women
demanded their own legal and social rights, they also began to demand that the laws better
protect them from men’s physical and sexual violence (Walker, 1979).
Criminal Justice System
The first area that got attention was the need for law enforcement to better protect women
who were being abused by intimate partners. Typical reports were that the man would batter the
woman and leave the scene if the police were called. Even if he was still present, police were
hesitant to intervene and make an arrest in what was said to be a family matter and instead would
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typically take the man for a walk around the block in an attempt to calm him down. Women told
of how this rarely worked and they would be beaten even worse after law enforcement officers
left. Police complained that the prosecutors didn’t take these cases seriously; but, prosecutors
claimed that women dropped the charges and refused to cooperate and judges didn’t know how
to handle these domestic matters. Two areas for reform became clear. First, domestic assaults
should be prosecuted just like any other assault, without placing the burden on the woman to file
or drop charges and second, women needed protection from further abuse from all legal, social,
medical and legal institutions and agencies. Barriers that women faced in all society’s institutions
became more visible as cases began to be heard in courts around the world. It became clear that
it would take cooperation from all levels of society to better protect women and children.
The criminal justice system began to introduce several different reforms including
vertical prosecution of domestic violence cases, developing pro-prosecution strategies including
special problem solving domestic violence courts where perpetrators could be diverted into
treatment, making it easier to obtain a restraining order and then, strengthening its enforcement
with penalties, and removing the ability of those arrested to bond out without first being in front
of a judge. Research suggested that spending the night in jail and getting a stern message from
the judge was a sufficient deterrent for most known batterers (Berk, 1993) and pro-arrest policies
began to be adopted in many cities across the U.S. Later research showed that some batterers,
particularly those who had few community ties such as a job or social network, might actually
become more violent after an arrest (Harrell, 1991) and as batterers began to enter treatment
programs, it became clear that they were as demographically diverse a population as were the
women they abused.
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Dependency and Family Courts
It also became clear that both men and women involved in domestic violence had
psychological and substance abuse problems, and although the origin of the problems were
argued by the developing battered woman advocates in shelters and support groups (Schechter,
1982), most agreed that availability of appropriately trained mental health providers was
important. In the beginning, few psychiatrists, psychologists, social workers or psychiatric nurses
were trained in working with domestic violence victims or perpetrators. Protocols developed for
those in medicine and psychology fields and large scale government funding went into training
victim advocates, shelter workers, legal and mental health professionals (Walker, 1979). The
battered woman shelter became the organizing point for policies and services in the U.S. and
other countries. In the U.S., the legal system and in particular, the criminal justice system
remained the gatekeeper for services for both perpetrators and victims while in other countries,
where the public health system had more impact, services were provided through that system
(Walker, 1984/2000).
Although the concentration had been on protection of women from abusers, it was also
necessary to focus on protection of children from abuse. Studies found an overlap of anywhere
from 40 to 60% of cases of child abuse occurred in families with known domestic violence
(Walker, 1984/2000). Child protection workers who had been trained to blame the mother for the
actual abuse or failure to protect the child had to relearn how to work with moms who were also
being battered and thus, tried to protect the children with little help from agencies in the
community. The issue of protection of children is still unsolved today with cases going between
criminal, dependency and neglect, and family courts, and children are often inadequately served
by any of them (Walker, 2003). Batterers often use the family courts to continue their contact
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and control over the woman long after the marriage is dissolved by insisting on shared parental
responsibility. Rarely does the court use its power to empower the battered woman and assist her
in the protection of the child and therefore, the batterer is not stopped from his continued
psychological abuse of both the woman and the child. It is not unusual for these men to file
numerous court motions that become a major psychological and financial drain on women who
earn less money than do men. Constructs without any scientific validity such as Parental
Alienation Syndrome and Psychological Munchausen by Proxy are used by mental health
professionals hired by lawyers on both sides of highly contested divorce and custody cases and
while Frye and Daubert hearings in criminal cases have refused to admit these pseudo-mental
illnesses into those courts, family court has not stopped it (Walker, 2003).
Women Who Kill in Self Defense
A small number of women, somewhere around 1000, in the U.S. are known to have killed
their abusive partners in what they claim is self defense. In contrast, over 4000 women are
reportedly killed by their partners each year (Browne & Williams, 1993). The self defense laws
needed reform in order for these women to obtain the ability to plead not guilty using a
justification defense in criminal court. From the late 1970s to the early 1990s, states began the
admissibility process through case law and legislation, so that women’s perception of danger and
in particular, the battered woman’s perception of danger would be accepted at trial (Browne,
1987; Walker, 1989). Until these cases began to be heard, self defense was thought to be similar
to two men having a fight in a bar like in the movies. In order to help the triers of fact, the judges
and juries who heard these cases, better understand the battered woman’s perception of danger,
especially when the woman killed the man when he was asleep or was just starting his
dangerously escalating abuse, the dynamics of domestic violence and psychological theories
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such as learned helplessness and battered woman syndrome were introduced into court
testimony.
Psychological Theories
Dynamics of Domestic Violence
In the last thirty years, the assessment of behavior that is or it is not considered to be
domestic violence, has been a major challenge for advocates and professionals. This difficulty
may in large part be due to battered women having to maintain secrecy in order to protect
themselves from their abuser, which leads them to minimize or cover up their pain, both
emotional and physical. However, as the women began to receive legal protection and services,
they have been able to describe the dynamics that occur in their homes and as batterers began to
talk in the offender-specific intervention programs into which they were sent by the courts, they
confirmed much of the women’s descriptions. Walker (1979) first found that battering did not
occur all the time in homes where domestic violence existed but that it was not random, either.
Rather, the women described a cycle of violence that followed a courtship period that was mostly
made up of loving behavior.
This cycle included three phases; (1) the tension-building period, (2) the acute battering
incident, and (3) a period of loving-contrition or absence of battering. Each time a new battering
event occurred, the memory of fragments of the previous battering incidents added heightened
fear, which guided the woman’s response, usually to try to calm down the batterer and prevent
further escalation of the violence. However, at times, when the woman saw signs that the
batterer’s violence was escalating no matter what she did, she engaged in actions to protect
herself. Occasionally, this resulted in her intentionally or unintentionally killing the abuser.
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Learned Helplessness
When evaluating battered women who killed their abusers it became necessary to
understand why a woman would use a gun or knife against a man who was sleeping or at the
beginning of a violent event. Why wouldn’t she simply leave? The answer to this question is
most important, both case-by-case and in general for battered women. The social-learning
psychology theory of learned helplessness helps people understand how someone can learn to
believe that their actions will not have a predictable effect so they no longer believe that leaving
will stop the violence and protect them. According to the statistics, they are correct as more
women are seriously injured or killed at the point of separation. They have learned this lesson
from the batterer who tells them that he will follow and harm them where ever they go and his
power and control with enforced isolation, intrusiveness, overpossessiveness and increased
violence of them, reinforces their belief in his omnipotence. The fact that no one stops them and
there are few social or legal consequences for the batterer continues their belief in his dominance
over them.
The women begin to substitute protective skills as they lose their belief in their ability
to escape which causes them to develop learned helplessness, or the loss of contingency between
their behavior and the outcome. Although sometimes misunderstood as helplessness rather than a
loss in their belief that they can escape to protect themselves, this theory has been helpful
together with the cycle theory of violence and the battered woman syndrome for juries to
understand why women don’t just walk out of their homes and leave the batterer. In some of the
legal opinions, the battered woman syndrome is actually described as including the dynamics of
abuse together with learned helplessness rather than the collection of psychological signs and
symptoms that typically make up a syndrome according to the Diagnostic and Statistical Manual
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of Mental Disorders (DSM-IV-TR)(APA, 2000). However, this is part of the tension between the
advocates who wish to eliminate any discussion of mental disorders as part of battered woman
syndrome and the psychologists who understand that exposure to repeated trauma may well
cause emotional difficulties including Post Traumatic Stress Disorder, of which BWS is
considered a subcategory.
Battered Woman Syndrome
The complexity of symptomatology and clinical presentation of battered women has
made it challenging for both legal and clinical disciplines. Over the years, these complexities
have been widely studied and a trend across culture has been identified in the way a woman
experiences various forms of violence against women including sexual assault and rape,
domestic violence and sexual exploitation and harassment (Koss, Goodman, Browne, Fitzgerald,
Keita & Russo, 1994; Russo, Koss, & Goodman, 1995; Walker, 1999). These abuses are
perceived by most women as traumatic events and therefore a combination of feminist theory
that attempts to account for the power and control issues and trauma theory that deals with the
abuse constitutes BWS.
What makes up Battered Woman Syndrome?
Battered Woman Syndrome can best be conceptualized as a combination of
posttraumatic stress symptomatology, including re-experiencing a traumatic event (i.e., battering
episode), numbing of responsiveness, and hyperarousal, in addition to a variable combination of
several other factors. These additional factors include, but are not limited to, disrupted
interpersonal relationships, difficulties with body image, somatic concerns, as well as sexual and
intimacy problems. Over the past few years, an attempt has been made to clearly define the
hypothesized constituents of Battered Woman Syndrome for research purposes. As such, some
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variables were isolated and include Posttraumatic Stress Disorder (PTSD) symptoms, power and
control issues, body image distortion, and sexual dysfunction, using data collected with the use
of the Battered Woman Syndrome Questionnaire (Walker, 1984/2000).
In the literature, over the past thirty years, one of the most contemplated components of
Battered Woman Syndrome is Posttraumatic Stress Disorder (PTSD). When the original
research was designed, PTSD has not yet been tested and entered into the DSM diagnostic
system. In general, criticisms suggest that the trauma model does not include sufficient context
of the woman’s life so that it makes it appear that she has a mental illness rather than her
symptoms being a logical response to being abused. While that is true for some women, our
studies indicate that there are numerous women who come to a therapist because the symptoms
do not go away despite the fact that they are no longer being battered. PTSD, with its criteria for
re-experiencing the trauma from stimuli that are both physically and not physically present can
account for this phenomenon.
Ongoing Validation Research
Research Samples
To gain insight into Battered Woman Syndrome and its effect on women across cultures,
Dr. Lenore Walker, and colleagues, are continuing the validation process for the Revised
Battered Woman Syndrome Questionnaire 2003 (BWSQ-3). Viewing violence against women as
a universal phenomenon, it is integral to interview women from various cultures. Consequently,
interviews have been gathered from Russia, Spain, Greece, Columbia, and South Florida.
Further, the study has recently begun to take into account incarcerated women who report a
history of battering relationships.
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Women who volunteer to participate must meet the following eligibility criteria: 1) they
must be 18 years of age or older, 2) they must have been involved in at least one intimate
relationship that involved at least one battering incident (i.e., emotional, physical, and/or sexual
battering all constitute battering incidents), and 3) they must not be incompetent to make
decisions (i.e., they cannot have a legal guardian).
Revised Battered Woman Syndrome Questionnaire 2003 (BWSQ-3)
The BWSQ-3 was originally developed over 25 years ago by Dr. Lenore Walker and
serves as a comprehensive tool to gather valuable information regarding the field of domestic
violence research and treatment (Walker, 1984/2000). The purpose of the current study is to
establish validity and reliability for the BWSQ-3. In doing so, future clinicians will have the
opportunity to utilize a semi-structured clinical interview to assess women who report a battering
relationship. The assessment also has the potential to help guide clinicians treating battered
women, as the interview allows for an individualized overview of the woman’s history and
battering relationship. In addition, researchers have begun to investigate the dynamics of
battering relationships as experienced by women who become involved in the criminal justice
system, for the purpose of identifying the unique needs of this population.
As the interview assesses a myriad of areas that make up a battering relationship,
researchers are given a plethora of variables to isolate when establishing validity and reliability.
For instance, the presentation of battered women have been shown to be similar cross-culturally
when taking into account body image distortion, Post Traumatic Stress Disorder (PTSD)
symptoms, power and control, and sexuality. Further, there appears to be a high endorsement of
PTSD symptomology, regardless of reported culture of origin. These mentioned areas of
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significance account for only a small percentage of possibility when analyzing the dynamics of a
battering relationship.
In administering the assessment, participants are asked to complete a number of selfreport assessments, as well as the semi-structured BWSQ-3 interview protocol. The interview is
both a quantitative and qualitative semi-structured interview, in which participants are asked
questions regarding their history of abuse in childhood and adulthood, current functioning,
trauma symptoms, and body image. Included in the qualitative analysis are the women’s
narrative experiences of battering in general and descriptions of four specific incidents (i.e., first,
worst, most recent, and typical). The narratives are examined for themes of power and control,
cycle of violence, and learned helplessness.
Assessment procedures, in order of administration, include the following: 1) BWSQ-3, 2)
Adult Attachment Scale, 3) Derogatis Interview for Sexual Functioning, 4) Objectified Body
Consciousness Scale, 5) Detailed Assessment of Posttraumatic Stress, and 6) Trauma Symptom
Inventory. These assessment procedures, on average, take approximately three hours to
accurately complete.
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Results
Figure 1 was generated from some of our recent analyses. It represents the self-reported
presence, in participants from an international sample (i.e., United States, Russia, Spain, and
Greece), of several criteria for Posttraumatic Stress Disorder (PTSD) modeled after the
Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR) (APA 2000). The data
support the existence of a cross-culturally high endorsement of PTSD symptomatology.
Figure 1: PTSD Symptoms
5
4. 5
4
3. 5
3
Sc o r e
Re-exper i enci ng (5)
2. 5
A voi dance (7)
2
A r ousal (5)
1. 5
1
0. 5
0
US
R
S
G
Figure 2 was also generated from recent analyses. It represents the isolated criteria
hypothesized to have significant implications in Battered Woman Syndrome. The data support a
similar cross-cultural presentation of the syndrome, although some variations can be observed.
For instance, in this sample, body image distortion was most prominent in US culture, and least
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prominent in Spanish culture. In addition, the data indicate that battering men, on average, are
reported to be twice as controlling as the battered women, both in frequency and method used.
Figure 2: Cross-National Comparison of Isolated Criteria
Application to Battered Woman Syndrome in Legal Issues
As was described above, in a legal context, the term Battered Woman Syndrome is most
frequently used as an explanation of a woman’s perception of threat leading her to commit a
criminal offense in self-defense. Criminal offenses may also include spousal assault (i.e., in
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cases she fought back without killing her partner) or any other crime she may have co-committed
with her battering partner (Kaser-Boyd, 2004). In fact, the use of Battered Woman Syndrome
extends beyond the criminal justice system, to include family court (e.g., child custody cases), or
even civil court (e.g., in rare cases when the woman is suing the batterer for physical and
emotional damages).
Legally, Battered Woman Syndrome is generally applied in the form of evidence being
presented during a criminal trial where the battered woman killed her abusive partner in selfdefense. The goal for introducing Battered Woman Syndrome is to obtain either an acquittal or a
downward departure from a first-degree murder charge to second-degree murder, or
manslaughter. The burden carried by the defense, includes presenting evidence that the woman
was- or perceived herself to be- in imminent danger. This proof is usually carried with the help
of an expert witness who will testify about the dynamics of an abusive relationship as well as
how the woman’s perception can be influenced by a history of abuse and PTSD symptomatology
(Walker, in press). In addition, because the expert conducts a comprehensive assessment of the
defendant, he/she is likely able to discuss possible co-morbid mental health disorders.
Because of Battered Woman Syndrome’s broad range of applications within the legal
system, and the need for psychological evaluation and/or expert testimony across legal settings,
the term Battered Woman Syndrome has traditionally been used in both a legal and a clinical
context, with an understanding that the wide-ranging effects of battering are physiological,
behavioral, cognitive, and emotional (Kaser-Boyd, 2004).
Summary and Conclusions
In summary, the Battered Woman Syndrome first proposed in the 1970s after research
demonstrated the psychological impact from domestic violence on the victim, has undergone
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further clarification after recent research with an international sample of battered women found
that the three groups of symptoms for a diagnosis of PTSD and three additional factors constitute
the syndrome. This includes (1) reexperiencing the traumatic abuse in a variety of ways
including intrusive memories, nightmares, and conditioned responses to situations evoking
similar fear; (2) high levels of physiological and psychological arousal symptoms including
anxiety; (3) high levels of avoidance symptoms and numbing of emotions; (4) disrupted
interpersonal relationships from power, control, and isolation by the batterer; (5) difficulties with
body image; and (6) dysfunctional sexuality and intimacy issues. Battered Woman Syndrome
continues to be an important psychological construct to help courts make sense out of many
counter-intuitive behaviors seen in victims of domestic violence.
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