When Survival Becomes a Crime: Understanding Battered Women Syndrome

Kulturalism Team
May 3
7 min read

Updated: Apr 11

The 1970s feminist movement did more than just campaign for women’s rights—it shattered the silence around domestic violence. For too long, abuse was seen as a private matter, something to be endured behind closed doors. But as women’s voices grew louder, so did the recognition that many survivors were not just victims—they were fighting for their lives.

Fast forward to today, and domestic violence remains a global crisis. The statistics are chilling:

Two women every week are killed by a current or former partner in England and Wales (ONS, UK). One in four women will experience domestic abuse in their lifetime.
For some women, survival means escape. For others, survival means fighting back. And when that happens, the legal system doesn’t always see them as victims—it sees them as criminals.

The Fear of Domestic Violence

For victims of domestic violence, fear is a constant presence. It’s more than just physical injuries—it’s psychological warfare. It’s the constant watching over your shoulder, the walking on eggshells, the feeling of being trapped in a situation you can’t escape.

Many women can’t leave, not because they don’t want to, but because they have no safe way out.

Financial control – Many abusers restrict money, sabotage jobs, or steal wages, making escape impossible.
Psychological manipulation – Gaslighting and emotional abuse make victims doubt their own reality and feel powerless.
Fear of escalation – The most dangerous time for a victim is when they try to leave—this is when many abusers become most violent. And even if a woman does manage to leave, the barriers don’t end there.

Leaving Isn’t Just Walking Away—It’s a Full-Time Job

For many survivors, escaping abuse isn’t the end of their struggle—it’s the beginning of a long, exhausting process of rebuilding their lives. Leaving can feel like a full-time job, requiring countless appointments, paperwork, and legal battles—all while dealing with the emotional trauma of abuse.

This process is even harder for those facing language barriers, financial struggles, or poor mental health after years of coercive control. Survivors are often expected to navigate a complicated system on their own, with little support.

What Survivors Have to Handle After Leaving:

Legal Battles – Family court hearings, criminal court hearings, preparing court bundles.
Financial Struggles – Debt advice, dealing with creditors, setting up new bank accounts.
Housing & Stability – Finding a new home, contacting local authorities, attending flat viewings.
Work & Benefits – Jobcentre appointments, benefits applications, child maintenance claims.
Health & Well-being – Medical appointments, counselling, mental health support.
Everyday Practicalities – Applying for new ID, enrolling children in new schools, securing childcare.

For someone already carrying the weight of trauma, this process can feel overwhelming. Without the right support, many survivors are left feeling isolated, financially unstable, and at risk of returning to their abuser.

This is why many don’t leave—not because they don’t want to, but because they physically, emotionally, and financially can’t. And for some, the only way out is to fight back.

Coercive Control: The Abuse You Can’t Always See

It wasn’t until 2015 that the UK legally recognised coercive control as a crime. Before that, if there were no visible bruises, there was often no case to answer. But abuse isn’t just about physical violence.

Coercive control is about:

Controlling every aspect of someone’s life – Finances, movement, even what they wear.
Isolating them from friends and family – Cutting off every escape route.
Making them feel worthless and powerless – Convincing them that they can never leave.

Many survivors describe it as being in a cage—one where the door is technically open, but stepping through it feels impossible. And for some women, that cage only breaks when they fight back.

When Killing an Abuser Becomes a Crime

This is where Battered Women Syndrome (BWS) comes in. First recognised in the 1970s, BWS explains how long-term abuse alters the way survivors think and react.

Some women dissociate during attacks, feeling disconnected from reality.

Some experience learned helplessness—a state where they believe they can never escape, no matter what they do.
Some, after years of terror, see no other way out but to defend themselves.

But when these women stand before a court, the law doesn’t always see a victim acting in self-defense. It often sees a murderer.

How Do Courts Decide?

The Role of Mental Health & Legal Defences

When a woman kills her abuser, the legal outcome depends on several factors, including:

Self-Defence vs. Murder

The law typically requires an immediate threat for a self-defence claim to succeed.
However, many battered women kill when their abuser is not attacking them at that moment (e.g., while they’re asleep). Courts often struggle to recognise the long-term, ongoing threat that abuse creates.
The burden is on the woman to prove she acted out of necessity, not premeditation.

Example:

Emma Jayne Magson (2016) killed her abusive partner, yet her self-defence claim was rejected, and she was retried for murder.

Diminished Responsibility: Mental Health & PTSD in Legal Cases

If self-defence fails, some women argue diminished responsibility under the Coroners and Justice Act 2009.

This defence applies when the accused was suffering from a recognised mental condition that impaired their ability to make rational decisions.
BWS is often classified as a subcategory of PTSD, which can cause:

Hypervigilance (always expecting danger)
Flashbacks & panic responses
Extreme fear that distorts perception of threats

Example:

In Kiranjit Ahluwalia’s (1992) case, she killed her husband after ten years of abuse. Initially convicted of murder, her conviction was later overturned when BWS was accepted as a legitimate factor affecting her mental state.

However, diminished responsibility doesn’t lead to acquittal—it reduces murder to manslaughter, meaning women still face prison time despite years of abuse.

The Jury’s Perception: Gender Bias in the Courtroom

Abused women can struggle in court due to outdated gender biases:

Women are expected to be passive and non-violent, so when they fight back, they are seen as calculating or cold-blooded.
If a woman has a criminal past or history of substance use, courts often discredit her abuse claims.
The legal system often assumes a "reasonable person" would leave—ignoring the realities of coercive control and financial dependence.

Example:

In Sara Thornton’s (1989) case, she was sentenced to life for killing her abusive husband. It took over a decade of campaigning before the legal system recognised the impact of BWS and reconsidered her sentence.

What Needs to Change?

Better legal recognition of BWS & PTSD in self-defense cases.
Courts should factor in coercive control & long-term abuse when assessing immediate danger.
More education for judges & juries to understand why battered women don’t “just leave”.

Real Women, Real Cases

Sara Thornton (1989) – Sentenced to life for killing her violent husband. It took a decade of campaigning before her case was overturned.
Kiranjit Ahluwalia (1992) – Endured ten years of horrific abuse before killing her husband. Initially convicted of murder, her case was later re-evaluated, setting an important legal precedent for battered women.
Emma Jayne Magson (2016) – Killed her abusive partner after years of violence. Her conviction was overturned, but she was later retried and found guilty again—highlighting how inconsistent justice can be for battered women.

Each of these cases reveals a hard truth: our legal system still struggles to understand abuse.

The Justice System’s Double Standard

The courts don’t always treat male and female killers the same.

When men kill in jealousy, anger, or gang violence, they’re often seen as "losing control". When women kill out of fear, trauma, and survival, they’re seen as calculating and dangerous. And for women who have criminal pasts, the bias is even worse.

Aileen Wuornos—the woman branded “America’s first female serial killer”—was a victim of lifelong abuse. She killed seven men, one of whom was a known sex offender. But instead of seeing her as a survivor, the media painted her as a monster. She was executed in 2002.

Society struggles to accept that women can be both victims and offenders at the same time.

How Do We Fix This?

Yes, we’ve made progress. But it’s not enough.

What Needs to Change?

Better Legal Protections – Courts must consider, battered women's syndrome, coercive control and long-term abuse in self-defence cases.
Stronger Police Training – Officers need to spot abuse earlier and offer real protection.
More Support Services & protection – Shelters, legal aid, and therapy should be more accessible.

Survivors shouldn’t have to fight for justice after fighting for their lives.

Finding Hope & Breaking the Cycle

It’s easy to feel hopeless when reading about these cases. But change is happening. More survivors are speaking out, breaking the stigma around domestic abuse.

Charities and grassroots movements are pushing for better protections and legal reforms.
The conversation is growing, and with it, awareness of how deep domestic abuse runs.

The goal isn’t just to help women who have already killed their abusers. It’s to make sure they never have to. Because no woman should ever have to choose between staying in a violent home or risking prison to survive.

Justice shouldn’t come too late. And survival should never be a crime.

Australia

Australia has introduced laws that explicitly recognise long-term domestic abuse as a factor in self-defense cases, meaning women are less likely to be convicted of murder when there is clear evidence of sustained abuse.

Canada

Canada & Some U.S. States also allow expert testimony on Battered Women Syndrome to be used more effectively in court, helping juries understand how long-term abuse impacts a victim’s actions.

Meanwhile, in the UK, women still face inconsistent rulings, with some courts not fully considering coercive control or PTSD when assessing self-defence claims.

Expanding Education

Engaging Men in the Conversation

Preventing domestic abuse isn’t just about supporting survivors—it’s about challenging harmful attitudes, educating men, and breaking the cycle before abuse begins. Too often, awareness campaigns focus only on women’s experiences, but early education and intervention for men can play a crucial role in prevention.

Youth & School Programs – Teaching young men and boys about healthy relationships, consent, and emotional regulation before harmful behaviors develop.

Workplace Training – Encouraging employers to offer domestic abuse awareness programs, helping men recognize warning signs in their own relationships or those of their colleagues.

Community Leaflets & Workshops – Providing men with resources on coercive control, accountability, and alternative ways to manage emotions without violence.

Support for Men at Risk of Becoming Abusive – Some men want to change but don’t know where to start. Offering behavioral intervention programs, anger management therapy, and specialist counseling can prevent escalation.

Example:

In Scotland, the Caledonian System works with men convicted of domestic abuse, using behavioral change programs to reduce reoffending and improve accountability.

Men need to be part of the conversation, not just as bystanders but as active participants in preventing abuse. By creating education and intervention initiatives, we can tackle domestic abuse at its roots.

References

Emma Jayne Magson - Read the appeal here R v Magson Appeal - 2021

McColgan, A. (1993). In defence of battered women who kill. Oxford Journal of Legal Studies, 13(4), 508-529. https://doi.org/10.1093/ojls/13.4.508

Smith, A. (2005). The "Monster" in All of Us: When Victims Become Perpetrators. Suffolk University Law Review, 38(2), 367–394. You can access the full article here.Georgetown Law Scholarship+2Georgetown Law Scholarship+2Georgetown Law Scholarship+2 The "Monster" in All of Us: When Victims Become Perpetrators