The Use of expert testimony on the Battered Woman Syndrome in the criminal justice system
Ayako, Timothy Ombachi
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This project seeks to analyse the use of expert testimony on the Battered Woman Syndrome (BWS) in cases involving women who have killed their abusive husbands. This dissertation scrutinises case law and statutes in two jurisdictions that have allowed BWS testimony to be presented in criminal proceedings: USA and Canada while also assessing the Kenyan criminal justice system and how it handles cases involving battered women who kill their abusive spouses. This study finds that BWS testimony has been used successfully in the said jurisdictions to help courts understand the battered woman's mind-set. The study further establishes that Kenya's approach to the defense of self-defense is insensitive to the realities of abused women.