| Description |
Women who kill their abusers in self-defense face ample difficulties receiving justice in court. Namely, the American common law tradition exhibits a masculinist bias that works against victims of domestic violence. This thesis argues that every element of common law self-defense (seriousness, imminence, retreat, and reasonableness) is mired with gendered stereotypes which work against the needs of battered woman defendants. Expert testimony on battered women's syndrome (BWS) was introduced to courts in the 1980s to combat this masculinist bias within self-defense law and contextualize abusive relationships for the jury. BWS's attempt to rectify the gendered bias within self-defense law, however, has created new issues for feminist advocates working to achieve justice for battered women defendants. Despite these issues, BWS remains the best defense available to victims of domestic violence working to achieve justice under a masculinist common law framework. |
