ABSTRACT

In this chapter, we look at the first domain in which our arguments concerning the implicit relation are applied. Domestic violence is the domain in which syndrome evidence has arguably made most impact in the courtroom. In recent years it has attracted interest from the media, academics, and social commentators, particularly in situations where battered women kill their violent partners. Although such cases represent only a small fraction of the incidence of domestic violence, the circumstances surrounding these fatalities tend to be sufficiently dramatic to ensure media attention. It is also in such cases that Battered Woman’s Syndrome has sometimes been used to support a woman’s claim that she was acting in self-defence or was provoked, rather than acting in revenge. Amidst the controversies surrounding this issue, evidence of the implicit relation can be identified. We will begin by reviewing the incidence of domestic abuse and the evolution of Battered Woman’s Syndrome, followed by a consideration of its application in the courtroom. This provides the framework in which we can situate our analysis.