Battered Women's Syndrome:
Science or Sham?
October 23, 2002
by Wendy McElroy
As Domestic Violence Awareness Month
nears its end, organizations like the California Coalition
for Battered Women in Prison are calling loudly for the mass pardoning
of "battered" women who have been convicted of first-degree murder.
PC feminists should instead take
a real stand against gender violence and abandon the Battered Woman Syndrome
-- a legal defense used to exonerate women who kill abusive men in the
absence of imminent danger.
BWS claims that battered women are psychologically
traumatized and therefore not responsible for their violent actions.
Thus, a battered woman is not held responsible for murdering her abuser
in his sleep, as in the much cited court case State of North Carolina
v. Judy Ann Laws Norman or in the movie The Burning Bed.
BWS sidesteps the long established principle that only a clear and imminent
danger to life can justify murder, especially the premeditated variety.
Controversy swirls over whether BWS
even exists or is a creation
of feminist politics. Whatever is true, BWS is a legal defense available
to women and de facto denied to men. Both women and men should
be held equally accountable for their acts of violence. The courts should
not bar anyone from a valid legal defense -- but is BWS valid?
BWS is more than a demand for compassion.
As a woman who was severely battered, empathy is my first reaction.
But compassion toward a murderer does not justify her act. BWS is being
politically used to make cause celebres out of women who make the most
reprehensible choice possible -- the cold-blooded killing of another
human being.
Consider the case of the self-confessed
serial killer Aileen Wuornos, a prostitute recently executed by the
state of Florida for murdering seven men. Wuornos initially claimed
that the men, all killed within a year's span, were customers against
whom she was defending herself. She later recanted and
told the judge: "I am guilty as can be. I want the world to know I killed
these men -- as cold as ice. I've hated human beings for a long time."
Wuornos' motive was also robbery.
Seven human beings who were never convicted
of a crime -- indeed, who were accused of one only by a murderess, thief
and liar -- received private death sentences. They were dismissed by
a media which would have eagerly examined every detail of the victims
had they been female.
By contrast, Wuornos has been the subject
of movies, a documentary, a play, and an opera sympathetic to the murderess
and dismissive or hostile to her victims. The play, entitled Self-Defense
(or The Death of Some Salesmen), presents the murderess as a
martyr. She is a symbolic reminder that men abuse women. Lest anyone
miss that message, the policeman who arrests Jolene Palmer (the Wuornos
character) states his motives, "White, middle-aged
men are at risk!"
The opera,
entitled Wuornos, is a self-consciously political justification
of murdering men. Pointing a finger of blame at Wuornos' allegedly abusive
father and distant grandfather, the opera advertises itself as "the
rage of one woman" speaking "for centuries of pain." Wuornos is described
as "a woman who makes the ultimate sacrifice for the love of her life
-- another woman." This refers to the fact that Wuornos had been persuaded
to confess her guilt by her lesbian lover.
Such presentations hit hard upon the
tragic childhood of Wuornos. But the goal does not seem to be compassion
or understanding of the human condition. After all, no compassion or
understanding is extended to the dead men or their families. The message
is clear: the men deserved to die.
In her essay, "Sexual
Violence Against Women and a Woman's Right to Self-Defense: The Case
of Aileen Carol Wuornos," the renowned radical feminist Phyllis
Chesler provides "statistics" and theory to support this message.
Without citing sources, Chesler explains,
"According to contemporary studies, 90 percent of all violent crimes
are still committed by men. ... When those women who commit 10 percent
of all violent crimes do kill, nearly half kill male intimates who have
abused them or their children, and they invariably do so in self-defense."
[Emphasis added]
Chesler's statistics do not seem to
apply to spousal killing. The Department of
Justice's "Murder in Families" study found "among black marital
partners ... 47 percent of the black spouse victims were husbands and
53 percent were wives. Among white victims ... 38 percent of the victims
were husbands and 62 percent were wives." It is also difficult to understand
how Chesler knows that battered women invariably murder in self-defense,
not in anger or for revenge.
I keep returning to the least discussed
aspect of BWS. The men who deserved a trial before being executed: Were
they, in fact, guilty?
Wuornos did not endorse the opera that
eulogizes the murder of men, although she was asked repeatedly to do
so. Before she died, Wuornos expressed great remorse for the pain she
had caused the families of her victims. What does it say about PC feminists
when a serial killer who hates mankind shows more decency than they
can manage?
Wendy
McElroy
Wendy McElroy is the editor
of ifeminists.com. She is the
author and editor of many books and articles, including her new anthology
Liberty
for Women: Freedom and Feminism in the 21st Century
(Ivan R. Dee/Independent Institute, 2002). She lives with her husband
in Canada. Other
articles by Wendy McElroy can be found in the Men's
News Daily archive.