IPV, BWS, Child Abuse

what was the first case of BWS brought to the Supreme Court level?

Lavalle v. Regina (1990)

what is the Lavalle vs. Regina case?

• Lavalle shot and killed her partner

• history of violence and abuse by her husband

• would threaten to kill her

• psychiatrists gave an assessment stating the act of murder was a final desperate act

what is BWS seen as?

a self defence claim and often mistaken as a mental disorder

what are the 3 things that self-defence requires?

1. active imminent threat

2. no easy means of escape 

3. force used was proportional to threat

defence can be mistaken by laypeople as being based on a mental disorder 

what is domestic violence?

any violence that occurs between family members 

• maybe be in a private setting 

what is IPV? (intimate partner violence)

any violence occurring between intimate partners, whether they live alone or together 

what is partriarchy in IPV?

broad set of cultural beliefs and values supporting male dominance of women

• violence against women is extreme form of this 

societies with stronger patriarchal values/cultures with stricter gender roles have higher rates and allows violence against women 

what are the critics surrounding patriarchy with IPV?

applies to entire societies but ignores individuals, family, community level factors

what is the social learning theory in regards to IPV?

observational learning of a person learning behaviours by watching other perform 

• I.e. families, friend groups

behaviour must have functional value and triggered by stimulus in environment 

• i.e. accomplishing a goal, reinforcing a goal, controlling a partner 

what are the critics of SLT?

• highly individual-centred 

• doesn’t take into account cultural beliefs and values 

what are the four ecological systems?

1. macrosystem

2. exosystem 

3. microsystem 

4. ontogenic factors 

what is macrosystem?

broad set of societal and cultural beliefs, attitudes, norms

what is exosystem?

social structures connecting individuals to wider society

what is microsystem?

immediate environment where IPV occurs; has communication patterns

what are ontogenic factors? what are 3 examples?

psychological and biological features of an individual; why they engage 

i.e exposure, history, personality

what is BWS? (battered woman syndrome) Walker (1970)

women repeatedly subjected to forceful, physical, psychological behaviour by a man in order to coercer her into doing something he wants her to do without any concern for her rights 

what is the cycle theory of violence? (Walker 1970)

tension builds and explodes

what is learned helplessness? (Walker 1970)

it is when a woman stays in a situation and cannot see an escape

what is the cycle of abuse? (Walker 1970)

honeymoon period > tension building > explosion

what are the 3 phases of BWS cycle?

phase 1: tension building - minor abusive incidents building to second phase

phase 2: accurate battering - shortest, most harm likely to occur

phase 3: period loving contrition - abuser professes love and promises to stop harm

what are the PTSD symptoms? what are examples of each?

1. intrusive - repetitive, unwanted memories 

2. avoidance - resisting conversations about event 

3. heightened arousal - trouble sleeping 

4. changes in thoughts/feelings - loss of interest in once-enjoyed activities 

what percent of homicides are committed by women? when does it occur?

10-15% and majority of victims are intimate partners

usually happens during acute violence 

what are reasons women return? (Anderson 2003)

1. partner promised to change 

2. financial dependence 

3. partner needed them

4. would be homeless

5. threatened if they left

6. for children

7. no shelter space 

what are the criticisms of BWS?

• often incorrectly portray BWS as mentally ill

• based on gender stereotypes - women = passive, males = aggressive 

• misapplication of learned helplessness - no sudden violent act

• psychological/internal experiences vs. social reality 

• ignores differences between women 

how are four ways we assess BWS?

1. determine presence of IPV i.e. PO and hospital records

2. assess symptoms and reasons for killing partner 

3. determine state of mind at time of crime 

4. report findings i.e. background about person, psychological patterns 

what is the admissibility of BWS in court?

inadmissible at federal and state level - some argue it shouldn’t be admissible under Daubert

present evidence to correct commonly held misconceptions about IPV

tying BWS to PTSD bolsters effects of expert testimony and leads to perceptions that defendant was unstable/not in control 

how is NCRMD different from self defence?

can be problematic when NCRMD

how does imminent threat explanation work in favour of BWS when in court?

expert can offer explanation as to why the woman believed she was in imminent danger and escape was not an option

• most likely successful if partner was killed in acute battering stage 

• if they cannot give an explanation then will have to explain cycle of violence and why they felt imminent danger when not directly under attack

what are some avenues of escape?

• psychological entrapment 

• social norms

• external reasons

• children involved 

• poverty 

• isolation

• ineffective law enforcement 

how does expert testimony work with child abuse?

provides prior experiences and past memories of event

social framework evidence

does not have to examine child in individual cases

how does Daubert work with expert testimony?

must be reliable and must assist trier to fact

second requirement depends on knowledge and beliefs of jurors

what does admission of expert evidence depend on?

relevance of testimony and cost-benefit analysis

what are the necessities in assisting trier of fact?

if on proven facts a judge/jurt can form open conclusions - opinion of expert is unnecessary 

inherent application of criterion is experts not permitted to usurp function of trier of fact

what are debated concerns about childrens memory and suggestibility?

• people believe young children are prone to false reports

• expert testimony unfairly stokes skepticism of jurors who distrust childrens claims

true or false: if children have been repeatedly/painfully sexually abused as an infant, he/she can remember it

false - before age of 3 you do not remember specific episodic events 

this is called infant amnesia 

true or false: children cannot remember events well enough to be reliable witnesses in court - referring to 4-8yrs old

both - they can remember some things quite well it just depends on how they were questioned 

what is the experts role in a Childs testimony?

reduce variability - can make sure judge and jury are on the same page

• it is based off the experts own beliefs/experiences/knowledge

expert must go beyond stating children being misled to making false abuse claims

why are a Childs disclosure patterns (ie delay) used?

to assess credibility of sexual abuse allegation

what are the two disclosure patterns?

1. may have scepticism about Childs disclosure

2. how true the reports are

what is the child sexual abuse accommodation syndrome?

1. secrecy

2. helplessness

3. entrapment and accommodation

4. delayed, conflicted, unconvincing disclosures

5. retraction