Battered Woman

In the United States, self-defense is an affirmative defense to murder. For this defense, the individual must use reasonable force against another when they believe the other person is threatening them with imminent and unlawful harm. One context in which a claim of self-defense is often raised is that of a woman who kills her spouse because she says it is the only way that she could protect herself against ongoing battery or other abuse. Some women who have been subjected to IPV may kill by dramatic means, like the example of Francine Hughes mentioned earlier in the lesson.

Read about a Battered Woman Case Study

  1. Should the justice system charge victims who kill their abusers? Why or why not?
  2. Do you think that BWS should be considered an affirmative defense to murder, similar to self-defense? Why or why not?
  3. If BWS became an affirmative defense for female victims, should it also be considered a defense for men who are victims of abuse? Why or why not?
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