Description
In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the legal response to battered women who killed their partners in the fifteen years since Lavallee.
Elizabeth Sheehy uses trial transcripts and a case study approach to tell the stories of eleven women, ten of whom killed their partners. She looks at the barriers women face to "just leaving," the various ways in which self-defence was argued in these cases, and which form of expert testimony was used to frame women's experience of battering. Drawing upon a rich expanse of research from many disciplines, she highlights the limitations of the law of self-defence and the costs to women undergoing a murder trial. In a final chapter, she proposes numerous reforms.
In Canada, a woman is killed every six days by her male partner, and about twelve women per year kill their male partners. By illuminating the cases of eleven women, this book highlights the barriers to leaving violent men and the practical and legal dilemmas that face battered women on trial for murder.
A compelling look at the legal response to battered women who killed their abusive partners and the impact that the landmark Lavallee decision of 1990 had on their murder trials.
About the Author
Elizabeth A. Sheehy is Shirley Greenberg Professor of Women and the Legal Profession in the Faculty of Law at the University of Ottawa. She is a leading scholar on the legal system's treatment of battered women in Canada. In 2013 she was awarded the Ramon John Hnatyshyn Award for Law by the Canadian Bar Association, an annual award that recognizes outstanding contributions to law in Canada.
Reviews
In Defending Battered Women on Trial: Lessons from the Transcripts, Sheehy offers a compelling and startling account of the criminal justice system's failure to protect women from the men who batter them. She begins the book by situating the issue in its historical legal context. Making the work accessible to an audience much broader than just those well-versed in criminal law, Sheehy provides the reader with ample background to understand the legal context in Canada both prior to and in the years following the Supreme Court of Canada's 1990 recognition of battered women syndrome in R. v Lavallee.
Awards
Winner of David Walter Mundell Medal, Office of the Attorney General 2015 (Canada). Short-listed for Canada Prize in the Social Sciences, Federation for the Humanities and Social Sciences 2015 (Canada).
Book Information
ISBN 9780774826525
Author Elizabeth A. Sheehy
Format Paperback
Page Count 416
Imprint University of British Columbia Press
Publisher University of British Columbia Press
Weight(grams) 720g