Battered Woman Syndrome and the law

Battered Woman Syndrome refers to the feelings of isolation and helplessness that comes from repeated psychological and physical abuse.In 1991, the California Evidence Code was amended to allow expert testimony regarding battering and its effects (commonly referred to as "Battered Woman Syndrome," or BWS) to be admitted as evidence in criminal cases."The law only affected the trials of women taking place after 1992, and was not retroactively applied," said Andrea Bible, coordinator of Free Battered Women, a San Francisco-based non-profit group. In 2002 Penal Code section 1473.5 became law, making California the first state in the nation to permit battered women convicted of killing their batterers to file a writ of habeas corpus with evidence demonstrating how the battering and its effects led to the killing, she said."After the code section came into affect, women now - or anyone - have the ability to use Battered Woman Syndrome as a defense to first-degree murder, even if their conviction predates the law," Bible said.A writ of habeas corpus is a formal written order alleging that an individual has been unlawfully detained and ordering the official having custody of the individual to bring the person before a court for the purpose of determining whether the imprisonment was legal.Bible said her group is one of five collaborative organizations that comprise the Habeas Corpus Project."Evidence of battering and its effects is not a separate legal defense," Bible said. "It's testimony introduced, such as self defense, when people do admit they killed their partner."A defendant can argue that they had a reasonable belief they were in imminent danger, she said.Susan's attorney's filed a motion based on the 2002 law that allows women who were convicted of first-degree murder to petition the court to have their charges reduced.Susan said she hopes by telling her story she can help others in similar situations."There are still women in prison that deserve a second chance," she said. "My story could bring hope. Without hope you have nothing."