Courts and press simplify complex realities of domestic violence and self-defense

A systematic review of two decades of research shows that media, jurors and judges often rate women who kill romantic partners through rigid gender stereotypes. The authors argue that addiction to simplistic metaphors obscures the complex realities of domestic violence, mental health, and substance use in court.

Around the world, about one in seven murders is committed against a romantic partner, and most are committed by men, although estimates vary. When a woman kills a partner, it is often, though not always, preceded by prolonged violence or committed in self-defense; many relationships involve bilateral violence. However, violence sometimes qualifies as reciprocal, even if one partner acts in self-defense, making it difficult for the legal system to assess its actions.

A woman who violates the law and notions of femininity is faced with a “double deviation” and can be considered a monster or abnormal. The history of violence is often downplayed in the press. A study by Scottish media in 2023 found that perceptions of such women were deteriorating, with problematic stories shaped by the judges' remarks.

Researcher Sally Crosland conducted a systematic review to see how stereotypes appeared in the literature over 20 years. In August 2023, they searched for peer-reviewed studies in English from 2003-2023, limiting the search to the UK, EU, Norway, Iceland, Switzerland, US, Canada, Australia and New Zealand and focusing on adult women who committed partner murders. After removing the duplicates, 600 studies were reviewed, narrowing down to 43 for a full assessment. The final sample of 24 studies included juror experiments, reviews of coroner and trial materials, media analysis and case studies.

One of the main topics was the use of battered woman syndrome in court. The concept explains the trauma and fear of women in long-term violence through “acquired helplessness.” In a 2003 experiment with 316 students, presenting experiences in the context of PTSD increased sympathy but did not necessarily lead to lenient sentences; the wording of "PTSD" caused jurors to see a sign of mental instability that better fits the statement of insanity. In an experiment with 618 students, defendants who resisted abusers instead of passive profiles received more convictions.

In an experiment with 171 people, men were more likely than women to think the accused was conscious of acting when she waited for the abuser to fall asleep. Self-defense laws require immediate threat, but women in a long-term relationship with violence may perceive danger as imminent even between assaults, which a jury may not understand.

An analysis of 26 Canadian sentences from 1974-2006 found that judges often downplayed violence, pointing to mutual brawls or substance use and describing the relationship as a two-way conflict. The review confirmed the persistence of stereotypes of "insane," "bad" and "depressive" in the court and press.

Studies have also shown that not all women kill partners in self-defense. In 276 Quebec coroner cases, only 28 per cent of women have experienced victim violence in the past. Other motives included revenge, quarrels, separation and jealousy.