An exploration of Thai public perceptions of defenses in cases of women who kill their domestically violent spouses
| Published date | 01 December 2017 |
| Date | 01 December 2017 |
| DOI | 10.1177/0004865816668222 |
| Author | Natalie Chantagul,Robert Tack Kwei Ho |
| Subject Matter | Articles |
Australian & New Zealand
Journal of Criminology
2017, Vol. 50(4) 602–622
!The Author(s) 2016
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DOI: 10.1177/0004865816668222
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Article
An exploration of Thai public
perceptions of defenses in
cases of women who kill their
domestically violent spouses
Robert Tack Kwei Ho and Natalie Chantagul
Assumption University of Thailand, Thailand
Abstract
The present study investigated the issue of domestic violence in Thailand and in particular the
reactions of the Thai populace (male versus female) to a battered woman who killed her abusive
spouse, as well as how such reactions could be influenced by the presentation of expert testi-
mony related to the battered woman syndrome. Cluster sampling conducted within the Bangkok
metropolitan area in Thailand yielded a sample of 1190 participants who voluntarily filled in the
study’s questionnaire. Multi-group path analysis showed no significant gender difference in the
direct influence of battered woman syndrome information on the verdict/judgment rendered and
suggests that the provision of such information in spousal homicide trials within the Thai context
may not be efficacious in influencing the participants’ verdict judgments. Results however did
indicate an indirect effect of the battered woman syndrome information on the verdict/judgment
rendered being mediated by the defense strategy of self-defense. This f inding indicated that the
battered woman syndrome information presented aided the participants in contextualizing the
defendant’s killing in a frame of self-defense, rather than inappropriately applying a form of ‘‘rea-
sonableness’’ in their verdict/judgment. These findings are discussed in relation to their implica-
tions for the presentation of battered woman syndrome information in trials of Thai battered
women who killed their abusive spouses.
Keywords
Battered woman syndrome, domestic violence, expert testimony, spousal homicide
Date received: 7 November 2015; accepted: 15 August 2016
Introduction
Domestic violence and more specifically spousal abuse is the most endemic form of
gender-based violence world-wide, cutting across cultural, geographic, religious, social,
and economic boundaries. Domestic abuse can be physical and range from throwing
Corresponding author:
Robert Tack Kwei Ho,Graduate Schools of Education and Psychology, Assumption University of Thailand, Hua Mak
Campus, 592 Ram Khamhaeng Rd., Soi 24, Hua Mak, Bangkok 10240, Thailand.
Email: tack.kwei@gmail.com
objects, the threat of violence, harm to pets, unwanted physical contact, or rape and
murder. Violence can also be psychological involving mental and emotional abuse, and
economic and/or social control, such as controlling the victim’s money or not allowing
contact with friends or family. Where research has been conducted, results indicate that
violence perpetrated particularly against women by intimate partners is the most preva-
lent (UNODC, 2013).
Domestic violence in Thailand
In Thailand, official statistics indicate rates of domestic violence are increasing at an
alarming rate. A 2012 survey conducted by Thailand’s Mahidol University’s National
Institute for Child and Family Development showed nearly one third of households
reported instances of domestic violence (Musikaphan, 2013). In 2007, Thailand passed
the Protection of Victims of Domestic Violence Act, which provided immediate services
for victims, created protective orders, and streamlined court procedures for domestic
violence cases. The Health Ministry also created the emergency One Stop Crisis Centre
(OSCC), where up to 23,000 cases of victims of abuse cases are being reported annual-
ly—up from 11,500 in 2005. While these numbers point to an almost two-fold increase in
the incidence of domestic violence cases, it should be noted that this increase relates
specifically to the number of cases reported to the authorities. That is, the increase in the
number of reported domestic violence cases may not necessarily reflect an actual increase
in the frequency of domestic violence cases in the Kingdom but rather an increased
willingness of Thai female victims of abuse to come forward. If this is true, then the
observed increase in the number of reported domestic violence cases may simply point to
the increased confidence of Thai women to step forward and to report their personal
experiences as victims of domestic abuse. This increased confidence may be a direct
function of the success of recent government awareness campaigns, changes to existing
legislation, and enactment of new laws to protect women from domestic violence abuse.
While the above view offers an alternative plausible explanation for the observed
increased number of reported domestic violence cases, there is evidence to suggest
that the incidence of domestic abuse in Thailand is on the rise. This is indicated by
the comments made by the Social Development and Human Security Minister Udomdet
Rattanasathien who stated that more than two Thai women and children are abused
every hour (IRIN, 2008). These comments point to the government’s acknowledgement
that rates of domestic violence are still increasing year by year. Three major factors have
been identified as barriers to curbing the domestic violence rate in Thailand.
Lack of public awareness of available protective legislation
While the increase in the number of reported domestic violence cases in the past decade
may reflect a commensurate increase in women’s awareness of new laws enacted to
protect them against such violence, (e.g. the 2007 Protection of Victims of Domestic
Violence Act), the fact remains that many Thai women are still reluctant to seek assis-
tance because they are unaware of the legal protection available to them. This apparent
unawareness of the availability of legal protection afforded by the state is noted by the
Director of the Women and Men Progressive Movement Foundation, Jaded Chouwilai
Kwei Ho and Chantagul 603
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