Thursday, April 22, 2010

Easteal: “Marriage-Like Relationships: Can Battered Woman Syndrome or Reality Be Pleaded in Social Security Law?”

Patricia L. Easteal (University of Canberra) has posted Marriage-Like Relationships: Can Battered Woman Syndrome or Reality Be Pleaded in Social Security Law?, 34 Alternative Law Journal 174 (2009).  Here is the abstract:

The effects of living in domestic violence upon its victims’ ability to make choices have been documented in various legal areas. For instance ‘learned helplessness’ and the other disempowering effects of domestic violence are now well recognized in the criminal law relating to murder and provocation. Evidence showing how victims’ choice-making may become constrained thus affecting their capacity to leave the violent relationship has been deemed as relevant in a number of cases. But battered woman’s syndrome, or what is perhaps better described as ‘battered woman’s reality,’ has had only patchy acceptance in case law outside of homicide. A recent Administrative Appeals Tribunal decision suggests though that it may now be achieving acceptance in social security law.

MR

http://lawprofessors.typepad.com/family_law/2010/04/easteal-marriagelike-relationships-can-battered-woman-syndrome-or-reality-be-pleaded-in-social-secur.html

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