Abstract
In the 1980s, the concept of "Battered Woman Syndrome" (BWS) was introduced into U.S. courtrooms, typically as a defense in homicide cases where survivors of intimate partner violence (IPV) killed their abusers. Traditional BWS theories largely center around psychological not physiological impacts of IPV Since then, researchers have begun to recognize the prevalence of brain injuries (BIs) in IPV survivors.
While most BI research centers around male subjects, emerging studies suggest that the effects of BI may be especially severe in women IPV survivors due to anatomical, hormonal, psychological, and socio-economic factors. These developments may support decreased culpability for female survivors involved in the criminal legal system (criminalized survivors). Dissemination of this research to courtroom actors through continuing legal education (CLE) and expert witness evidence may provide for better representation of criminalized survivors and promote more just outcomes.
Recommended Citation
Kelly Newcomb, Defending Battered Survivors with Brain Injuries: An Educational Guide for Advocates in North Carolina, 47 Campbell L. Rev. 135 (2026).