Battered Person’s Syndrome (more commonly called Battered Woman’s Syndrome or “BWS”) describes a pattern of behavioral and psychological symptoms found in women living in abusive relationships. (While it is certainly possible to see BWS in same-sex relationships, or for men to suffer from it as well, the overwhelming amount of research in the area has focused upon the female sufferer.) There are four general characteristics of the syndrome:

1. The belief that the violence was her fault;
2. An inability to place the responsibility for the violence elsewhere;
3. The fear that her life and/or her children's lives are in danger;
4. An irrational belief that the abuser is omniscient and omnipresent.

In order to be diagnosed with battered women’s syndrome a person must experience at least two complete battering cycles. The cycle has three distinct phases: the tension-building phase, followed by the violent incident, followed by the “make-up” or “honeymoon” phase. If there have not been two cycles, the person cannot be diagnosed with the syndrome. If relevant to your case, your attorney will try to prove that your partner could not possibly be a victim of BWS.

The prosecutors will try anything and everything in their power to make sure that you are convicted of the domestic violence charges brought against you. To that end, they will often attempt to offer “expert” testimony regarding Battered Women’s Syndrome. These experts are used particularly when your partner recants his or her story. If there is recantation, the prosecution will likely bring in an expert on BWS who will say that recanting a story is a major symptom of this syndrome. Without knowing anything about your partner, the expert will say that your partner suffers from BWS. As you may imagine, this is a horrible situation for your case. If the prosecution’s expert can convince the jurors that your partner suffers from BWS, there is only one person who can be responsible: you.

All hope is not lost, though. There are specific rules that must be followed before an expert’s testimony can be heard in court. A skilled defense attorney may be able to prevent the expert’s testimony from being admitted in your case.

Battered Person’s Syndrome as a Defense. Battered Women’s Syndrome is a real medical issue. If you believe that you may be suffering from the syndrome, it is important to tell your attorney. If this is the case, your attorney may attempt to bring in experts to prove that you suffer from the syndrome and offer opinions about how that relates to the charged offense. If it can be proved that you are a sufferer, this may present a valid defense to the domestic violence charges pending against you.

BWS is a complex issue, and it plays a potentially significant role in domestic violence cases. If you or someone you care about has been accused of domestic violence, or any crime of violence, it is vital that you consult with a skilled and experienced criminal defense lawyer right away.