From Victim to Defendant: Battered Woman Syndrome in Support of Duress

Authors

Samantha Casimiro

Date

2026

Abstract

Section I of this article will discuss the origin and phases of BWS as well as its designation as a subcategory of Post-Traumatic Stress Disorder (hereinafter PTSD) and discuss the prevalence of domestic violence in our society. Section II will layout the elements of a duress defense and analyze the objective reasonableness standard as compared to the subjective reasonableness standard used in other defenses, such as self-defense, explaining that there is a level of subjectiveness that must be considered regardless of the applicable approach. Section III will analyze cases and opinions of the federal circuit courts that support the admission of evidence and expert testimony for BWS in the duress context as well as those that oppose it. Section IV will argue in favor of admission, followed by concluding and calling for a change in the court system.

Recommended Citation

Casimiro, Samantha (2026) "From Victim to Defendant: Battered Woman Syndrome in Support of Duress," Journal of Race, Gender, and Ethnicity: Vol. 14: Iss. 1, Article 9.
Available at: https://digitalcommons.tourolaw.edu/jrge/vol14/iss1/9