Battered Woman Syndrome, Premenstrual Syndrome and Diminished Responsibility

This essay critically examines the relevance of Battered Woman Syndrome and Premenstrual Syndrome in relation to the defence of diminished responsibility. It discusses the mental conditions that lead to aggression and anger in women and how they impact their behaviour and actions.

Essay

Introduction
Mental disorder or illness within the individuals has contributed immensely in terms of
acceleration of the crime rates. The psychiatric traits and characteristics facilitate as a
potential cause for enhancing the possibility of an individual to commit a specific crime. It
can be said that women diagnosed with mental illness are prone to commit crime at higher
chances due to the fact that they become more violent, ignorant and impulsive (Palionienė,
2018). The essay focuses upon the comprehensive and critical examination of the relevance
of the statement i.e. Battered woman syndrome and Premenstrual syndrome deny the
aggression and anger showcased by women in context to the defence of diminished
responsibility.
Main Body
Battered Woman Syndrome is a mental condition caused due to violent and abusive
relationships. The women suffering from the concerned illness tend to act irrational in
certain course of events due to excessive anger and anxiousness which are found to be the
common symptoms of the particular syndrome. They suffer mental retardation, insomnia,
panic attacks etc. Premenstrual syndrome is a condition faced by women before the arrival of
their monthly menstruation cycle. The syndrome leads to hormonal changes in women which
further impacts their mind and body on a complex level. PMS triggers mood swings and
negative emotions within women and cause irritation and aggression within the same. Both
the conditions lead to the arousal of mental strain within women which sets implication upon
their thinking, behaviour and actions.
It can be said that women across the globe have highlighted their conditions pertaining to
BWS and PMS as a defence mechanism in the course of jurisdiction. There have been several
debates on the topic relating to women’s mental conditions, their aggression and its relation
to diminished responsibility. The judgement is highly controversial in these sort of cases
because the severity of mental incapacity that led to the crime vary from individual to
individual in the specific circumstance.

Diminished responsibility in legal nature acts as a mitigating defence for an individual
suffering from any sort of mental abnormality convicted in a crime offence. The term focuses
upon the concept wherein an individual is held for man-slaughtering charges instead of
murder when caught in a criminal offence if proven to be mentally ill or incapable
(Greenspan, 2021). In criminal law, a defendant tends to use diminished responsibility as an
excuse to rescue themselves from an unjust act performed by the same by justifying their acts
as a cause of mental impairment.
In reference to the crime, if caught in an offence, women confides in the legal prevention by
appealing for diminished responsibility. The women who accuses their partners behind the
potential cause of the offence are heard within the court if proven to be true and their appeal
is also taken into consideration. In diminished responsibility, Provocation is ought to taken
into consideration as specific ground which led to the retaliation by the defendant. The
mental incapability to control oneself against the provocation is often considered to be the
appeal in the given case (Kovaleva and et. al., 2022). However, diminished responsibility in
United Kingdom is included under partial defences.
It is clearly understandable that the battered woman syndrome is refer as the pattern that
provide sign and symptoms display by a woman who is suffered from the persistent intimate
partner violence. Rather, it shows indication of harm and abuse that is related with the
psychological, physical or sexual from her male partner (Howard, 2018). It is generally
classified in the category of ICD-9 as the battered person syndrome but with the in depth
classification of DSM-5. Furthermore, it may have diagnosed as the use of subcategory which
is related with the issue or illness of post traumatic disorder. The PTSD usually influence the
mental health of the person and individual loss their thinking and cognitive behaviour that
force to commit crime. There are various of condition and situation which is well stated that
the battered women legal defence that has been used in the case of physically and
psychologically abused women who have been killed their male partner (Maher, 2018).
The battered woman syndrome usually expands the concept of the legal defences where the
rationale available with the defence of diminished responsibility. It holds the battered women
is virtually held hostage in the violent household by the man who usually isolate and terrorise
her, convincing her that if she leaves he will kill her. In such cases, women kill men and after

that the diminished responsibility is refer as the defence which state that the someone who is
not mentally fit or active is not responsible for the crime. With this, battered women is
justified due to the consequence that face by women that alter the psychological, emotional
and mental condition and they take step to murder someone as the context of self-defence
(Hecht, 2019).
The battered woman syndrome is usually emerged as the legal defence in the 1990. As the
produced outcome that is well derive from the several murder cases that is happen within the
England involving women who has killed the violent partner in the predominant response
which specifically focus on the elaboration as the cumulative abuse rather in term of making
response to the single provocative act.
The diminished responsibility undertakes several areas with which they manage and
aligned all the major areas and the partial defences through which the protection is been
given. Some of the main offences which are under covered in this are like murder,
manslaughter. These are incorporated under section 37 in Mental Health Act 1983 through
which they ensure all the treatment in which the punishment for the general cases are
undertaken. It is also being taken from the homicide law and this regulates the main alliance
and the regions with which the UK court did not manage to opt any defences in relation to
mental health issues and also for the sustain defeat and the difficulties that arose with the
defines of insanity. All such person who are being suffering from the diminished
responsibility. As in section 2 of Homicide act 1957 all those people who are involved in any
illegal act and also in any such issues in relation to the conviction of murder or general
compliance wool; be taken in it. And there is been provided that it will arose and make all
such medical condition to be applied and recognised and also the substantially impaired areas
and the omissions are covered. The criminal justice system incorporates to protect all person
who are being suffering from any such mental and the health issue and this will protect them
from any of such offences what are being committed by them in the inadequate and
inappropriate mental health condition. But in all such circumstances it is required to be proof
that the person is majorly being affected and is suffering from the diminished responsibility
(Gunn, and Mevis, 2018).

REFERENCES
Palionienė, N., 2018. The issue of diminished responsibility in Lithuanian criminal law.
Greenspan, S., 2021. Diminished culpability in fetal alcohol spectrum disorders
(FASD). Behavioral Sciences & the law.
Kovaleva, M.A., and et. al., 2022. Characteristics associated with neuropsychiatric symptoms
in persons living with dementia and caregiver distress and diminished well-being. Journal of
the American Association of Nurse Practitioners, 34(4), pp.656-665.
Howard, H., 2018. The offence/defence of infanticide: A view from two perspectives. The
Journal of Criminal Law, 82(6), pp.470-481.
Maher, G., 2018. Unfitness for trial in Scots law. Fitness to Plead. International and
Comparative Perspectives (Oxford University Press, 2018), pp.81-103.
Hecht, L., 2019. Provocateurs and Their Rights to Self-Defence. Criminal Law and
Philosophy, 13(1), pp.165-185.
Gunn, J. and Mevis, P., 2018. Adversarial versus inquisitorial systems of trial and
investigation in criminal procedure. In Forensic Psychiatry and Psychology in Europe (pp. 3-
17). Springer, Cham.