Violence, Threat of Serious Violence and the Battered Woman Syndrome
Women usually make a plea of provocation when they kill their abuser, i.e. their partner or husband due to a `slow burn’ reaction to continuous domestic abuse. However, as pointed out by Susan Edwards the requirement of immediate outrage automatically excludes battered women. This is because women, as they can be said to be weaker than men, tend to kill their abuser when he is intoxicated, asleep and unable to defend himself. Consequently, when women kill in such circumstances they tend to not qualify to make a plea of provocation. As put by Devlin J in Duffy the reason for this is that:
`[T]he conscious…formulation of a desire for revenge…would negative a sudden temporary …show more content…
Consequently, many academics argue that the requirement for there to an immediate reaction provides concession for the frailty of men and not women. These arguments are based on the face that studies show that whilst men tend to react immediately when angry or in fear, women have a `slow burn’ reaction to domestic violence, thus react when no violence or threat of serious violence can be said to exist when they murder their abuser. Even though leniency appears to have been shown to victims of domestic abuse in some cases, the general view appears to be that victims of domestic abuse could have left their partner or husband and that license to kill is not an option available as was explicitly stated by Lord Dunpark in HM Advocate v …show more content…
The reason for this appears to be that because on many occasions in such situations women’s reaction to violence or threat of violence is not immediate the killing is described as cold-blooded revenge killing. It appears that the law does not tend to recognise the plight of battered women because it may blur the lines between renege killing and killing when provoked. However, following the argument put forth in relation to discovery of sexual infidelity it can be said that such men kill due to revenge for their spouse or partner having cheating on them too. Furthermore, if the argument that women ought to have left their abuser as put forth by Lord Dunpark can be said to be correct, should a man not to have been expected to have left their partner or wife upon the discovery of sexual
Women usually make a plea of provocation when they kill their abuser, i.e. their partner or husband due to a `slow burn’ reaction to continuous domestic abuse. However, as pointed out by Susan Edwards the requirement of immediate outrage automatically excludes battered women. This is because women, as they can be said to be weaker than men, tend to kill their abuser when he is intoxicated, asleep and unable to defend himself. Consequently, when women kill in such circumstances they tend to not qualify to make a plea of provocation. As put by Devlin J in Duffy the reason for this is that:
`[T]he conscious…formulation of a desire for revenge…would negative a sudden temporary …show more content…
Consequently, many academics argue that the requirement for there to an immediate reaction provides concession for the frailty of men and not women. These arguments are based on the face that studies show that whilst men tend to react immediately when angry or in fear, women have a `slow burn’ reaction to domestic violence, thus react when no violence or threat of serious violence can be said to exist when they murder their abuser. Even though leniency appears to have been shown to victims of domestic abuse in some cases, the general view appears to be that victims of domestic abuse could have left their partner or husband and that license to kill is not an option available as was explicitly stated by Lord Dunpark in HM Advocate v …show more content…
The reason for this appears to be that because on many occasions in such situations women’s reaction to violence or threat of violence is not immediate the killing is described as cold-blooded revenge killing. It appears that the law does not tend to recognise the plight of battered women because it may blur the lines between renege killing and killing when provoked. However, following the argument put forth in relation to discovery of sexual infidelity it can be said that such men kill due to revenge for their spouse or partner having cheating on them too. Furthermore, if the argument that women ought to have left their abuser as put forth by Lord Dunpark can be said to be correct, should a man not to have been expected to have left their partner or wife upon the discovery of sexual