Discrimination: Help or Hindrance? - Listening to the Battered Woman’s Silent Screams

Nik Sim Shi Qiang & Amardeep Singh, National University of Singapore

25 August 2008, 1415, Moot Court

From our very own shores comes Nik and Amardeep’s piece on one of the darkest sides of human relationships - family violence. Applying the law on criminal defence to women whose act of violence may not be as morally reprehensive as what she has gone through in silent helplessness, come watch your friends present their solution as to how the law can still make the right decision even in the most difficult of circumstances. This is the second of the second session focusing on essays presenting discrimination with respect to Women and children.

Abstract

The act of killing their abusers represents a final act of desperation for women suffering from the battered women syndrome (BWS). Instead of being protected by the criminal justice system, these battered women are often misunderstood and seen as murderers. This article explores the realities faced by battered women and attempts to rationalize their acts. The article then explores why existing criminal law defenses of self-defense and provocation do not afford much protection to these women, due to the way they are presently understood in various common law jurisdictions. The authors provide a possible reformulation of these defenses, which would hopefully allow battered women to fit their situations within the ambit of these defenses. Having no Singaporean cases relating to battered women, the authors hope that this article would be of some guidance to our local Courts when a case involving battered women does arise.

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See you at the IWS Symposium next week!