Unravelling the Entrapment Enigma: Reflections on the Role of the Mental Health Expert in the Assessment of Battered Woman Syndrome and Coercive Control Advanced in Support of a Defence of Non-Pathological Criminal Incapacity (2)

Journal of Contemporary Roman-Dutch Law, Vol. 74, p. 585, 2011

20 Pages Posted: 10 Jul 2012

See all articles by Philip Stevens

Philip Stevens

University of Pretoria - Faculty of Law

Date Written: November 10, 2011

Abstract

Abuse within intimate relationships has been a phenomenon since time immemorial. For many centuries men had the right to abuse and beat their wives. Abused women are more commonly referred to as 'battered women' and their psychological reactions to abuse are commonly referred to as the 'battered woman syndrome'. Whenever a battered woman kills her abusive partner, she faces the following challenges within our criminal justice system: the defences available to battered women are very limited; abuse is often assessed only in terms of physical abuse without adequate recognition of the other manifestations of abuse; and the role of mental health experts is frequently underscored and under-estimated. Non-pathological criminal incapacity is one of the defences available to the battered woman who kills her abusive spouse or partner.

Keywords: battered woman syndrome, non-pathological criminal incapacity

Suggested Citation

Stevens, Philip, Unravelling the Entrapment Enigma: Reflections on the Role of the Mental Health Expert in the Assessment of Battered Woman Syndrome and Coercive Control Advanced in Support of a Defence of Non-Pathological Criminal Incapacity (2) (November 10, 2011). Journal of Contemporary Roman-Dutch Law, Vol. 74, p. 585, 2011, Available at SSRN: https://ssrn.com/abstract=2103080 or http://dx.doi.org/10.2139/ssrn.2103080

Philip Stevens (Contact Author)

University of Pretoria - Faculty of Law ( email )

Lynnwood Road
Pretoria, 5100
South Africa

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