Cardozo Journal of Equal Rights & Social Justice
Abstract
The article examines the historical and legal challenges faced by battered women, particularly in the context of self-defense claims. It traces the roots of spousal abuse to early social and religious norms that subjugated women, leading to a legacy of systemic injustice. The traditional self-defense doctrine, based on an assumption of equal physical confrontation, often fails to protect battered women, forcing them to rely on mental disease defenses. Expert testimony on battered woman syndrome has gained recognition, aiding some women who kill their abusers, but its impact varies. The article critiques the legal system's inadequate support for battered women, emphasizing the need for better training and systemic reforms. Economic dependence and lack of resources exacerbate the problem, with many women returning to abusive relationships due to scarce shelter space and inadequate welfare benefits. The criminal justice system's insufficient response further endangers women, as restraining orders and arrests often fail to prevent further violence. The article highlights the decline in intimate homicide rates for women due to increased access to shelters but notes that men remain the primary threat. It advocates for systemic change, including legal reforms and public awareness, to address the pervasive injustice faced by battered women.
Disciplines
Law | Law and Gender | Law and Race
Recommended Citation
Michael Dowd,
Battered Women: A Perspective on Injustice,
1
Cardozo J. Equal Rts. & Soc. Just.
1
(1993).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol1/iss1/3