This is especially problematic in cases involving a particularly vulnerable victim, such as a child or battered spouse
. In domestic cases, we prosecutors will never have the access to or influence over the victim that the defendant has spent years cultivating.
Section 563.033 was adopted in 1987 in an effort to allow battered women to present evidence of battered spouse
syndrome, a synonym of BWS, at trial in order to support their claim of self-defense.
Defense attorneys were prevented by Circuit Judge Yvonne Colodny from introducing several pieces of evidence, including that Alfonso abused drugs and expert testimony that Medina was a victim of "battered spouse
syndrome" at his wife's hands.
syndrome is defined as "a pattern of signs and symptoms, such as fear and a perceived inability to escape, appearing in those who are physically and mentally abused over an extended period by a spouse or dominant individual."
Additionally, Alaska has no binding precedent, statutes, or rules of evidence governing the admissibility of evidence of battered spouse
syndrome or other evidence of domestic violence.
Aquino was referring to former senator Juan Miguel Zubiri's accusation that re-electionist Senator Aquilino "Koko" Pimentel III's estranged wife, Jewel, was a battered spouse
(104) The battered woman's syndrome contains two distinct elements: (1) "a cycle of violence"; and (2) "learned helplessness." (105) The "cycle of violence" element of the battered woman's syndrome consists of three phases that determine the behavior of the battered spouse
. (106) First, there is a period of initial tension that consists of verbal abuse and minor psychological abuse.
However, Hassan's lawyer Jeremy Schwartz, the accused's fourth attorney since the case began, has said that he might use a battered spouse
defence, and expressed confidence that his client would receive a fair trial.
He also said the shield law makes no difference, first because people are probably unaware of it, and second because the victim of a crime or a battered spouse
should not have to give out residence information.
Recognition for a pathway to lawful status without cooperation from a battering spouse began in 1990 when Congress created the battered spouse
waiver to joint petition for removal of conditions on residence.
While I fully understand the complex relationship that might mean a battered spouse
forgives an abusive partner, we are supposed to be promoting a "zero tolerance" society where men and women can feel safe in their own homes.
Many times, the battered spouse
is revictimized by being arrested along with the abuser.