Argumentative Speech
Battered Women Syndrome
A bruise here, a cut there; definitely not attractive features but ones that draw the attention of others. Some make an extra effort to roll up their sleeve to reveal the swollen blob that occupies their arm, sparking questions as to how they received the gruesome mark. They proceed to proudly tell the tale of its coming, demonstrating their strength and roughness to anyone who will lend an ear to listen. Maybe they became tangled in a bar fight or took a tumble while playing their favorite sport. But what about the ones that make an extra effort to pull down the sleeve; self conscious beyond belief of the physical wound that has penetrated not just the skin, but the mind as well? What about the ones that duck their head away into shadows to conceal the muddy coloring applied to their face like makeup but with a force like no other? The constant beatings in a domestic violence situation have driven some individuals to murder their abuser (commonly a relationship partner) out of desperation for the halt of the abuse. Although not biased towards either gender, male or female, this situation has become common with abused women and intermingles with the condition of Battered Women Syndrome. This syndrome is a diagnosed condition in which women that have been continuously beaten by their male partners eventually snap and kill their abusers. The question is, should killers be fully punished for the crime or should their mental stability due to abuse be taken into account when they appear for trial? In the case of self-defense, women who kill their abusive partners should be eligible for leeway during their trial. With this support from the courts, women in abusive relationships may feel more confident about standing up to their abusers.
One side of this controversy is structured on the opinion that murder is murder and when committed, the proper punishment must be implemented. Harvard law professor Alan Dershowitz, who criticized battered woman syndrome in his 1994 book, "The Abuse Excuse," said there are a limited number of cases where the syndrome is valid and the diagnosis is overused. Lenore Walker, a psychologist who is credited with coining the term "battered woman syndrome" in 1977, recalled that in one of the first cases she worked on, the prosecutor argued that allowing her to testify about the syndrome would mean an "open season on killing men." Also, Bill Saban, a retired prosecutor in a battered women syndrome case, said he recognizes self-defense as valid, but he "can't buy into" past abuse as justification, "because it can excuse almost any killing."
Many persons, however, strongly oppose this opinion. In the instance of self-defense, women who kill their abusive partners should be eligible for an altered conviction and sentence. An ideal example involves Paul Lancaster and his wife Dr. Ann Gybroski. Gybroski shot her husband twice as he came after her when she tried to settle a dispute between him and their son Christopher. Twenty five year old Christopher was questioning Paul as to why his mother had a black eye and swollen face (both of which she had received the night before from her husband). According to Gybroski’s attorney, Kevin Reddington, “The bruises speak volumes about what happened. She did what she had to do to protect herself and her children.” Reddington plans to argue self-defense using the battered women syndrome.
In the case of Mary Winkler, Mary shot her husband, Matthew, while he slept. Earlier that morning, their 1-year old daughter had awoken crying and Matthew kicked his wife out of bed to go tend to her. When their daughter, Brianna, didn’t stop crying, Matthew pinched her nose and covered her mouth, essentially suffocating her enough to stop the crying. Even though this was a common method Matthew resorted to, Mary “got to a point and snapped,” as she told police according to an ABC News Analysis by Mary Fuliginiti. According to the analysis, Matthew “kicked her and slapped her in the face, threatened her with the very same shotgun and told her he would sever her car's brake lines and cut her into a million pieces if she dared to speak back to him.” Winkler’s case split the jury in half, some of whom believe Mary committed first degree murder
and others who think she should have been acquitted.
In the defense of abused women, there are many reasons that women remain with their partners and endure the constant beatings inflicted upon them. Ellen Reed, the executive director of Lydia’s House, a shelter for abused women, says “Women are less able to leave if they’ve lost transportation, living wage jobs and day care — or any of the services that are critical for being able to survive on their own.” Also, in many cases in which women have left their abusers, they are stalked and continued to be abused, sometimes till death by their previous partner. Dominique Dunne exemplifies this perfectly. She played the teenage daughter, Dana, in Poltergeist but never returned for the sequels because she was murdered. According to The Hathor Legacy, after finishing Poltergeist, she met and eventually moved in with her boyfriend. The relationship turned physically abusive, so she ended it soon thereafter. A few weeks later, the boyfriend came to her home and asked her to come back. When she refused, he strangled her to death. Some may claim that the abused should get immediate help and file for a restraining order. But why put your trust in a piece of paper when your life is on the fine? Diane Wetendorf, a survivor from an abusive relationship, said that even after she filed for divorce and received an Order of Protection, her ex-husband still vandalized her and her belongings.
The fear women must feel of what awaits them behind closed doors and in the isolated home where no one is around to rush to their aid, is enough to prevent most from seeking help and assistance. Many feel a connection to their partner; believe they won’t be hurt again and that their partner is genuinely apologetic, despite the repeated abuse. The situations are endless of why women don’t escape the relationship that puts them through such tragic conditions. According to Jennifer Kesler, author of The Hathor Legacy, “If staying and leaving both put her and her loved ones (kids, pets, her parents he’s threatened to kill if she leaves) at risk of being killed, what’s the third option here? Eliminate the threat. Kill the abuser.”
Now granted, no one can regulate each and every household or what plays out behind the scenes. However, things can be done in court to make women slightly more confident in protecting themselves. In 1994, the United States passed the Violence Against Women Act (VAWA). This act provides police IPV sensitivity trainings, as well as legal services such as issuing restraining orders and attorney representation for victims. VAWA provided momentum for states to adopt mandatory arrest laws governing cases in which police suspect domestic violence, based upon evidence and probable cause. These laws now exist in 22 states and the District of Columbia. Special courts have also been funded specifically for “integrated domestic violence" cases. Some 300 of these courts now operate nationwide. But more needs to be done.
If the only avenue abused women have is to kill their abusers to keep themselves or a loved one safe, then they shouldn’t be penalized for the act, at least not for first degree murder. If courts started abiding by this, then abused women would feel more confident in protecting themselves. Again, each case is circumstantial and should be treated as such, however, in the case of self defense; women in these situations should be allowed leeway in court.
A bruise here, a cut there; definitely not attractive features but ones that draw the attention of others. Some make an extra effort to roll up their sleeve to reveal the swollen blob that occupies their arm, sparking questions as to how they received the gruesome mark. They proceed to proudly tell the tale of its coming, demonstrating their strength and roughness to anyone who will lend an ear to listen. Maybe they became tangled in a bar fight or took a tumble while playing their favorite sport. But what about the ones that make an extra effort to pull down the sleeve; self conscious beyond belief of the physical wound that has penetrated not just the skin, but the mind as well? What about the ones that duck their head away into shadows to conceal the muddy coloring applied to their face like makeup but with a force like no other? The constant beatings in a domestic violence situation have driven some individuals to murder their abuser (commonly a relationship partner) out of desperation for the halt of the abuse. Although not biased towards either gender, male or female, this situation has become common with abused women and intermingles with the condition of Battered Women Syndrome. This syndrome is a diagnosed condition in which women that have been continuously beaten by their male partners eventually snap and kill their abusers. The question is, should killers be fully punished for the crime or should their mental stability due to abuse be taken into account when they appear for trial? In the case of self-defense, women who kill their abusive partners should be eligible for leeway during their trial. With this support from the courts, women in abusive relationships may feel more confident about standing up to their abusers.
One side of this controversy is structured on the opinion that murder is murder and when committed, the proper punishment must be implemented. Harvard law professor Alan Dershowitz, who criticized battered woman syndrome in his 1994 book, "The Abuse Excuse," said there are a limited number of cases where the syndrome is valid and the diagnosis is overused. Lenore Walker, a psychologist who is credited with coining the term "battered woman syndrome" in 1977, recalled that in one of the first cases she worked on, the prosecutor argued that allowing her to testify about the syndrome would mean an "open season on killing men." Also, Bill Saban, a retired prosecutor in a battered women syndrome case, said he recognizes self-defense as valid, but he "can't buy into" past abuse as justification, "because it can excuse almost any killing."
Many persons, however, strongly oppose this opinion. In the instance of self-defense, women who kill their abusive partners should be eligible for an altered conviction and sentence. An ideal example involves Paul Lancaster and his wife Dr. Ann Gybroski. Gybroski shot her husband twice as he came after her when she tried to settle a dispute between him and their son Christopher. Twenty five year old Christopher was questioning Paul as to why his mother had a black eye and swollen face (both of which she had received the night before from her husband). According to Gybroski’s attorney, Kevin Reddington, “The bruises speak volumes about what happened. She did what she had to do to protect herself and her children.” Reddington plans to argue self-defense using the battered women syndrome.
In the case of Mary Winkler, Mary shot her husband, Matthew, while he slept. Earlier that morning, their 1-year old daughter had awoken crying and Matthew kicked his wife out of bed to go tend to her. When their daughter, Brianna, didn’t stop crying, Matthew pinched her nose and covered her mouth, essentially suffocating her enough to stop the crying. Even though this was a common method Matthew resorted to, Mary “got to a point and snapped,” as she told police according to an ABC News Analysis by Mary Fuliginiti. According to the analysis, Matthew “kicked her and slapped her in the face, threatened her with the very same shotgun and told her he would sever her car's brake lines and cut her into a million pieces if she dared to speak back to him.” Winkler’s case split the jury in half, some of whom believe Mary committed first degree murder
and others who think she should have been acquitted.
In the defense of abused women, there are many reasons that women remain with their partners and endure the constant beatings inflicted upon them. Ellen Reed, the executive director of Lydia’s House, a shelter for abused women, says “Women are less able to leave if they’ve lost transportation, living wage jobs and day care — or any of the services that are critical for being able to survive on their own.” Also, in many cases in which women have left their abusers, they are stalked and continued to be abused, sometimes till death by their previous partner. Dominique Dunne exemplifies this perfectly. She played the teenage daughter, Dana, in Poltergeist but never returned for the sequels because she was murdered. According to The Hathor Legacy, after finishing Poltergeist, she met and eventually moved in with her boyfriend. The relationship turned physically abusive, so she ended it soon thereafter. A few weeks later, the boyfriend came to her home and asked her to come back. When she refused, he strangled her to death. Some may claim that the abused should get immediate help and file for a restraining order. But why put your trust in a piece of paper when your life is on the fine? Diane Wetendorf, a survivor from an abusive relationship, said that even after she filed for divorce and received an Order of Protection, her ex-husband still vandalized her and her belongings.
The fear women must feel of what awaits them behind closed doors and in the isolated home where no one is around to rush to their aid, is enough to prevent most from seeking help and assistance. Many feel a connection to their partner; believe they won’t be hurt again and that their partner is genuinely apologetic, despite the repeated abuse. The situations are endless of why women don’t escape the relationship that puts them through such tragic conditions. According to Jennifer Kesler, author of The Hathor Legacy, “If staying and leaving both put her and her loved ones (kids, pets, her parents he’s threatened to kill if she leaves) at risk of being killed, what’s the third option here? Eliminate the threat. Kill the abuser.”
Now granted, no one can regulate each and every household or what plays out behind the scenes. However, things can be done in court to make women slightly more confident in protecting themselves. In 1994, the United States passed the Violence Against Women Act (VAWA). This act provides police IPV sensitivity trainings, as well as legal services such as issuing restraining orders and attorney representation for victims. VAWA provided momentum for states to adopt mandatory arrest laws governing cases in which police suspect domestic violence, based upon evidence and probable cause. These laws now exist in 22 states and the District of Columbia. Special courts have also been funded specifically for “integrated domestic violence" cases. Some 300 of these courts now operate nationwide. But more needs to be done.
If the only avenue abused women have is to kill their abusers to keep themselves or a loved one safe, then they shouldn’t be penalized for the act, at least not for first degree murder. If courts started abiding by this, then abused women would feel more confident in protecting themselves. Again, each case is circumstantial and should be treated as such, however, in the case of self defense; women in these situations should be allowed leeway in court.