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Battered Woman Syndrome, Diminished Responsibility and Women Who Kill: Insights from Scottish Case Law

Document Cited authorities 13 Cited in Related
AuthorRachel McPherson
DOI10.1177/0022018319858506
Published date01 October 2019
Date01 October 2019
Article
Battered Woman Syndrome,
Diminished Responsibility
and Women Who Kill:
Insights from Scottish
Case Law
Rachel McPherson
University of Glasgow, UK
Abstract
Using Scotland as a case study, this article maps the development of Battered Woman Syn-
drome in law. It looks to the potential space for development that has been created by the
recent case of Graham v HM Advocate, concluding that such a more would be an important step
and one with significant implications for domestic abuse policy and the treatment of female
accused more widely.
Keywords
Battered Woman Syndrome, criminal defences, domestic abuse
Introduction
Using the recent case of Wendy Graham v HM Advocate as a facilitator, this article will contribute to
literature which has examined Battered Woman Syndrome (BWS) and female perpetrated homicides
arising from domestic abuse. It will provide an original comparative analysis of how BWS is currently
utilised by Scottish Criminal Law and the scope which now exists for further development of the law in
this area. It will also provide discussion of previously unexamined empirical data which speak to how the
syndrome is used in practice. What will be concluded is: that within Scotland, Graham offers an
opportunity for a move away from the problematic BWS, but also that such a move would generate
international attention. Limiting the role of BWS in law has particular significance in the context of
partial defences to murder, but more importantly, the conclusions that will be offered here have crucial
implications for how law and society responds to female perpetrated fatal domestic abuse. Domestic
abuse is an international problem, and so too are female perpetrated homicides which arise from it.
Resultantly, the insights that can be gleaned from Graham and the Scottish landscape can contribute to
Corresponding author:
Rachel McPherson, University of Glasgow, Glasgow G12 8QQ, UK.
E-mail: rachel.mcpherson@glasgow.ac.uk
The Journal of Criminal Law
2019, Vol. 83(5) 381–393
ªThe Author(s) 2019
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0022018319858506
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