Running head: BATTERED WOMAN SYNDROME: ARIAS CASE 1

Battered Woman Syndrome: A Look at the Arias Case

Leslie Lundy

Walden University

February 5, 2018

FPSY 8102
BATTERED WOMAN SYNDROME: ARIAS CASE 2

Abstract

Battered woman syndrome is a disorder that lies within a subcategory of post-

traumatic stress disorder (American Psychiatric Association, 2013). It is a mental disorder that

develops in the victims of domestic violence as a result of long-term abuse (Walker, Battered

Woman Syndrome, 2009). In this report, we will look at the symptoms and criteria for a

diagnosis of battered woman syndrome as it pertains to a legal defense in a murder trial. We will

review details of the Jodi Arias case to determine if the defendant’s claim of battered woman

syndrome is warranted and how that diagnosis might have affected the outcome of the trial

proceedings. In addition, we will review the possibility of a woman suffering from battered

woman syndrome being capable of committing murder without fully understanding or being

responsible for her actions at the time of the murder.

BATTERED WOMAN SYNDROME: ARIAS CASE 3

Battered Woman Syndrome: A Look at the Arias Case

Five percent of all male murders in the world are due to domestic violence situations

(Walker, Battered Women Syndrome and Self-Defense, 2012). While many of these cases are the

result of malicious violence, others are deemed self-defense. To claim self-defense in such

domestic violence cases, many women, such as Jodi Arias, use the disorder known as battered

woman syndrome, to justify the murder or act as an insanity plea (Dressler & Maguigan, 2011).

Women who suffer from battered woman syndrome may suffer from a variety of mental health

issues that could lead to emotional outbursts, which may present themselves as extreme anger,

which may result in physical attacks on the abuser (Walker, Battered Woman Syndrome, 2009).

What is battered woman syndrome?

Battered woman syndrome is a mental disorder that develops in victims of domestic

violence as a result of long-term emotional or physical abuse (Walker, Battered Woman

Syndrome, 2009). This disorder is considered a subcategory of post-traumatic stress disorder

(American Psychiatric Association, 2013). Although the disorder is not listed as a separate

diagnosis and relies heavily on the symptoms of the primary condition of post-traumatic stress

disorder, there are specific characteristics and general guidelines that practitioners can use to

determine if an individual does suffer from the disorder (Strucke & Hajjar, 2001).

Typical symptoms of an individual with battered woman syndrome are similar to those

with PTSD from other causes (Strucke & Hajjar, 2001). Most victims of battered woman

syndrome will experience depression, anxiety, feelings of worthlessness, and extremely low self-

esteem (Walker, Battered Woman Syndrome, 2009). Those with battered woman syndrome may

feel intense guilt and disgrace for what they believe are their own failures that they perceive to
BATTERED WOMAN SYNDROME: ARIAS CASE 4

be the reason for the abuse (Walker, Battered Woman Syndrome, 2009). Like those with PTSD,

the battered individuals may display fear, violent outbursts, flashbacks, and dissociative states

even when not in the presence of the abuser (Walker, Battered Woman Syndrome, 2009).

However, cases of violence against the abuser, while possible, are not common (Dressler &

Maguigan, 2011).

Although battered woman syndrome is recognized under the guise of post-traumatic

stress disorder, key features of battered woman syndrome are not usual in post-traumatic stress

disorder (American Psychiatric Association, 2013). The most prominent of these features is the

perception of helplessness the victim typically feels (Strucke & Hajjar, 2001). This perception of

helplessness leaves the victim feeling as if she has no choice but to endure the abuse committed

by the abuser (Strucke & Hajjar, 2001). Because many of these women are also financially

dependent on the abuser, the helplessness continues to grow even if the abuse cycle varies

(Walker, Battered Woman Syndrome, 2009). In many cases, the abuser creates the circumstances

that ensure this dependency as a means of controlling the victim (Walker, Battered Woman

Syndrome, 2009). This sense of helplessness, also known as psychological paralysis, involves

the victim becoming so depressed, defeated, and passive that she believes she is incapable of

leaving the abusive situation (Strucke & Hajjar, 2001). Though this fear may seem irrational, it

feels completely real to the victim (Strucke & Hajjar, 2001). These feelings of fear and

weakness, along with the hope the victim often holds that the abuser will stop hurting her, lead to

the victim remaining with the abuser, which allows the domestic violence to continue and it

strengthens the existing battered woman symptoms (Walker, Battered Woman Syndrome, 2009).

Stages of Battered Woman Syndrome

BATTERED WOMAN SYNDROME: ARIAS CASE 5

Beyond the symptoms of battered woman syndrome, there are distinct phases that may

lead to the disorder (Walker, Battered Woman Syndrome, 2009). These stages are characteristic

of most domestic violence situations (Strucke & Hajjar, 2001). Though these stages do not

always lead to battered woman syndrome, the progression of these stages does indicate a higher

likelihood that the individual will suffer from the disorder (Walker, Battered Woman Syndrome,

2009). These stages include denial, guilt, enlightenment, and responsibility (Walker, Battered

Woman Syndrome, 2009).

Denial occurs generally in the beginning of the abusive relationship (Strucke & Hajjar,

2001). The victim is unable to admit and acknowledge that they are the victim of abuse or

domestic violence (Strucke & Hajjar, 2001). The victim in this stage will not only avoid

admitting that the abuse is taking place to those around them, they will also not acknowledge the

facts to themselves (Strucke & Hajjar, 2001). They will often not recognize that there are

problems within the relationship or that their partner is acting inappropriately (Walker, Battered

Woman Syndrome, 2009). This denial is solidified by several factors. One common factor is

that the victim doesn’t even realize that she is being subjected to abuse (Walker, Battered Woman

Syndrome, 2009). The abuser in most cases operates with manipulative and coercive behavior

that can be so covert that they don’t make it obvious that they are being harmful (Walker,

Battered Woman Syndrome, 2009). In other cases, the victim may believe that denial is a

protective mechanism (Strucke & Hajjar, 2001). By denying that there is a problem, they believe

that they can avoid being subjected to more violence and brutality (Strucke & Hajjar, 2001).

Upon realizing that the abuse is taking place, the individual may move into the guilt stage

(Walker, Battered Woman Syndrome, 2009). During this stage, the victim will experience
BATTERED WOMAN SYNDROME: ARIAS CASE 6

feelings of extreme guilt and disgrace (Strucke & Hajjar, 2001). They will often believe that they

have caused the abuse that they are suffering through. Often, the abuser will further this guilt by

convincing the victim that they are forced to resort to physical violence to punish the victim for

negative characteristics (Walker, Battered Woman Syndrome, 2009). They will use violence to

“teach” their victim not to perform certain behaviors the abuser sees as negative (Walker,

Battered Woman Syndrome, 2009). It is usually during this stage that the victim begins to

experience extremely low self-esteem and depression as the abuser continues to criticize their

victim in an effort to establish control (Walker, Battered Woman Syndrome, 2009). Because of

the low self-esteem, the victim easily falls into the belief that she is the reason that the abuse is

occurring (Strucke & Hajjar, 2001). She will often feel that if she could just perform better or

live up to the expectations of her partner, she would not be abused (Walker, Battered Woman

Syndrome, 2009). This contributes to the victim’s feelings of shame and furthers the secrecy of

the situation (Strucke & Hajjar, 2001)

At some point, battered women typically enter an enlightenment stage (Strucke & Hajjar,

2001). During this stage, the victim finally realizes that she is not to blame for the abuse that is

taking place (Walker, Battered Woman Syndrome, 2009). She most likely will acknowledge that

her partner has an abusive and violent personality and that the abuse is the fault of the abuser not

of herself (Walker, Battered Woman Syndrome, 2009). At this point, many women begin to

realize that they need to seek help for the situation (Strucke & Hajjar, 2001). However, in many

cases, the victim will remain with her abuser despite the realization that the abuser is creating an

unhealthy relationship. Many of those that stay in the relationship do so with the commitment to

try to change the situation and somehow help the abuser to become better (Walker, Battered
BATTERED WOMAN SYNDROME: ARIAS CASE 7

Woman Syndrome, 2009). In there are children involved, the victim may use the children as an

excuse to make the relationship work (Walker, Battered Woman Syndrome, 2009). At this point,

the victim is still holding on to the hope that things will improve, though this is rarely the case

(Walker, Battered Woman Syndrome, 2009).

After realizing the abuse is not their fault, many victims will reach the final stage of

responsibility (Strucke & Hajjar, 2001). It is during this stage that the victim realizes the

importance of escaping the abusive environment (Strucke & Hajjar, 2001). This stage is the

most important stage, but it is also the one that can lead to legal cases in which the victim inflicts

harm or death onto the abuser in an attempt to escape the violence by any means necessary

(Walker, Battered Woman Syndrome, 2009). Because these victims face many difficulties in

leaving, they often reach desperation that causes them to react in ways that are not normal for

them (Walker, Battered Women Syndrome and Self-Defense, 2012). Because of the controlling

environment the abuser has put into place, the victims often have difficulty in finding ways to

escape that would also ensure their safety (Walker, Battered Woman Syndrome, 2009). As a

result, many victims will lash out in violence or even murder (Walker, Battered Women

Syndrome and Self-Defense, 2012).

Arias Murder Case

In the case of Jodi Arias, Arias killed her ex-boyfriend, Travis Alexander in his shower

through the act of shooting, stabbing, and near-decapitation (Archer, 2013). Initially, Arias

denied any responsibility in the incident, but later confessed to the act when evidence against her

was presented (Archer, 2013). However, Arias claims that the act was carried out in self-defense

due to the abuse that she sustained during her relationship with Alexander (Archer, 2013). It’s
BATTERED WOMAN SYNDROME: ARIAS CASE 8

important to note at this point that the defendant was not living with the victim at the time of the

incident. The relationship was no longer ongoing and the only relationship that remained was one

of a sexual nature (Archer, 2013). Furthermore, multiple witnesses claimed that Arias was

stalking the victim and would continue to show up at his home despite being asked not to return

(Archer, 2013). On the day in question, the victim was planning a trip with anther woman when

Arias showed up at his home unexpectedly (Archer, 2013). There is evidence that the

individuals did engage in sexual intercourse shortly before the murder took place (Archer, 2013).

Arias would like for the court to believe that she is the victim of battered woman

syndrome and acted out in desperation and fear. This claim, however, is contradictory to

common battered women situations (Dressler & Maguigan, 2011). In most cases of self-defense

in battered women cases, the defendants acted out in an attempt to kill or mangle the abuser to

escape the abusive environment (Dressler & Maguigan, 2011). However, Arias was not in the

abusive environment any longer. She admittedly had left the state but returned to visit the victim

on occasion to engage in sex (Archer, 2013). While it is true that many victims of abuse do not

attack their abusers during an active argument, instead opting to attack the abuser as a surprise,

usually in a fit of rage or in an attempt to escape the situation, it is unusual for a victim who has

escaped the environment to return to the abuser later and commit a violent crime against them

(Walker, Battered Women Syndrome and Self-Defense, 2012). Arias had the freedom to stay

away from the situation and yet continued to return despite protest from the victim. Evidence in

the case shows that not only did she return to the situation, she engaged in consensual sexual acts

with the victim prior to the murder (Archer, 2013). This is not common in cases where the

abused woman lashes out (Walker, Battered Women Syndrome and Self-Defense, 2012).
BATTERED WOMAN SYNDROME: ARIAS CASE 9

It is also important to note that while Arias may show symptoms of PTSD, such as

anxiety and reported memory loss, it cannot be determined if she is suffering from these

symptoms due to the trauma of the murder or due to prior abuse (Archer, 2013). Evidence was

presented that hinted that the murder victim might have been abusive in the past, but much of the

evidence is not in line with the behavior that is displayed by Arias during the court proceedings

(Archer, 2013). Typically, battered women who have acted out in self-defense do not deny their

responsibility in the situation (Dressler & Maguigan, 2011). In fact, it is more common that the

women will feel immense guilt in combination with relief after committing the act (Dressler &

Maguigan, 2011).

Justifiable Homicide

In the United States, the law defines justifiable homicide rather clearly. A homicide is

excusable when it is committed by accident, as a defense against an attack, or if performed

without a weapon with no intent on being cruel (Dressler & Maguigan, 2011). While this law is

very clearly written, it becomes complicated in cases of battered woman syndrome. Many

domestic violence victims do not attack their abusers during an active argument (Dressler &

Maguigan, 2011). However, they may lash out at the abuser during another given opportunity

(Walker, Battered Women Syndrome and Self-Defense, 2012). This means that it is likely that

the murder does not occur as an act of self-defense in the common form. However, the mentality

of a battered woman is not one in which the danger of actual physical attack taking place is no

different from one that is believed to occur later (Dressler & Maguigan, 2011). Victims of

domestic violence who suffer from battered women’s syndrome live in a state of constant

extreme fear (Walker, Battered Women Syndrome and Self-Defense, 2012). This fear remains
BATTERED WOMAN SYNDROME: ARIAS CASE 10

even if the abuser is not immediately present (Walker, Battered Women Syndrome and Self-

Defense, 2012). Victims often feel attacks are pending even if there are no physical signs of

violence from the abuser (Dressler & Maguigan, 2011). This mentality creates an urgency within

the victim that may seem disproportionate to the current situation they are in (Dressler &

Maguigan, 2011).

Those with battered woman syndrome are most often fully aware of their actions but may

be reacting in unusual ways due to the fear and desperation they feel upon realizing that they are

a victim, the situation is not going to improve, and that the only thing that will save this is the

ability to escape the violent environment (Walker, Battered Women Syndrome and Self-Defense,

2012). These women fear for their lives even when an actual attack is not currently taking place

(Dressler & Maguigan, 2011). It is this fear that often leads to the victims planning the murder

of their attackers to gain their freedom (Dressler & Maguigan, 2011). By law, this could fall

under premeditated murder, because these acts are carefully planned out, but the mentality of the

victim is one that is looking for an opportunity to escape rather than looking to create an

environment conducive to committing cold-blooded murder (Walker, Battered Women Syndrome

and Self-Defense, 2012).

The big factor in determining self-defense is whether an individual has a fear of

immediate danger to their lives or the lives of others (Dressler & Maguigan, 2011). For those

who are battered, this fear is present at all times while under what they feel is the control of their

abusers (Walker, Battered Women Syndrome and Self-Defense, 2012). The factor that is viewed

in justifiable murder is whether the murder was committed by accident, which in most of these

cases is not the case (Dressler & Maguigan, 2011). Often these murders are planned ahead of
BATTERED WOMAN SYNDROME: ARIAS CASE 11

time, so this rules out the possibility of an accident. Another factor is whether a weapon is

involved (Dressler & Maguigan, 2011). In 87% of murders committed by victims of domestic

violence a weapon is used (Walker, Battered Women Syndrome and Self-Defense, 2012). In the

case of Jodi Arias, more than one weapon is used including a knife and a gun (Archer, 2013). In

many of these cases, the abuser is far stronger in physical strength than the victim, so the victim

feels uses a weapon is placing the situation on more even terms and increasing the chance that

they will succeed and obtain their freedom from the abusive situation (Walker, Battered Women

Syndrome and Self-Defense, 2012). Because of these claims, self-defense or justifiable homicide

rulings are more difficult to obtain (Dressler & Maguigan, 2011).

Because of the difficulty in obtaining a self-defense dismissal, many of those with

battered woman syndrome who have committed murder will opt to instead obtain a ruling based

on temporary insanity (Dressler & Maguigan, 2011). However, there are no indications that a

woman loses consciousness or reasoning due to battered woman syndrome (Dressler &

Maguigan, 2011). While she may suffer from temporary memory loss as a reaction to the murder

event, as Jodi Arias claimed to have suffered, there is no indication that the woman is not able to

fully understand what she is doing at the time of the murder or understand the proceedings that

must take place afterward (Walker, Battered Women Syndrome and Self-Defense, 2012). There is

also no indication that the battered woman loses the ability to determine right from wrong on the

legal standpoint (Dressler & Maguigan, 2011). Even in desperation and fear, the woman is still

able to remain clear of her intentions and activities (Walker, Battered Women Syndrome and

Self-Defense, 2012). For this reason, insanity rulings may be even harder to obtain.

Conclusion
BATTERED WOMAN SYNDROME: ARIAS CASE 12

It is completely possible that a woman with battered woman syndrome can fully

understand that she is committing a murder at the time of her actions, but due to the mental

breakdown of the disorder still not be culpable according to the justifiable homicide laws of the

United States (Dressler & Maguigan, 2011). Even in the lack of a physical attack, the fear and

desperation may lead the individual to commit the act of murder (Walker, Battered Women

Syndrome and Self-Defense, 2012). However, in the case of Jodi Arias, the desperate need to

escape the hostile, violent environment would not be likely, because she was no longer under the

control of her abuser (Archer, 2013). While she may have symptoms of PTSD or battered

woman’s syndrome, it is not easily possible to determine that these symptoms were present prior

to the murder with enough severity to justify her need to commit the murder of her ex-boyfriend,

Travis Alexander (Archer, 2013).

References

American Psychiatric Association. (2013). Diagnostic and Statistical Manual of Mental

Disorders (5th ed.). Arlington, Virginia, USA: Author.

Archer, D. (2013, April 30). Is Jodi Arias A Battered Woman? Psychology Today. Retrieved

January 1, 2018, from https://www.psychologytoday.com/blog/reading-between-the-

headlines/201304/is-jodi-arias-battered-woman
BATTERED WOMAN SYNDROME: ARIAS CASE 13

Dressler, J., & Maguigan, H. (2011). Battered Women, Self Defense, and the Law. Res Geslar.

Fordham: FLASH: The Fordham Law Archive of Scholarship and History. Retrieved

from http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1000&context=res_gestae

Strucke, M., & Hajjar, K. (2001). Battered Woman Syndrome. Cornell University, Social Science

and Law. Ithica: Cornell University Law School. Retrieved January 5, 2018, from

https://courses2.cit.cornell.edu/sociallaw/student_projects/BatteredWomanSyndrome.htm

Walker, L. E. (2009, July 7). Battered Woman Syndrome. Psychiatric Times. Retrieved January

3, 2018, from http://www.psychiatrictimes.com/trauma-and-violence/battered-woman-

syndrome

Walker, L. E. (2012). Battered Women Syndrome and Self-Defense. Symposium on Women and

the Law. 6. Notre Dame: Notre Dame Journal of Law, Ethics, and Public Policy.

Retrieved January 2, 2018, from https://scholarship.law.nd.edu/cgi/viewcontent.cgi?

referer=https://www.google.com/&httpsredir=1&article=1476&context=ndjlepp