Battered Women On Trial Summary

Elizabeth Sheehy has been teaching at the University of Ottawa in the Law Faculty since 1984. She holds three degrees; a Bachelor's in law from Osgoode Law, a Master’s in Law from Columbia University and a Doctorate, an Honoris Causa, in Law from Law Society of Upper Canada. She currently holds the Shirley E. Greenberg chair (2013-2015), and previously held it from 2002 to 2004. The chair is awarded to “qualified faculty members.” Individuals in this position are “committed to women’s equality through law;” they encourage more women to be a part of the legal profession; and “further law reform and research” as it impacts women” (Shirley Greenberg chair). Sheehy has done considerable work dedicated to women’s rights, mainly sexual assault. She

She discussed the Battered Woman Syndrome and examined its application to ten women's defences in their murder trial; she highlighted its strength and its weaknesses. She dispels different myths surrounding battered women, like why they remain in the relationships, why they do not report the abuse, discounts physical attacks as the only form of abuse and how the imminence of the attacks are not necessary for killing their partner. Sheehy hopes to draw attention to the ways battered women are unfairly treated by the legal system. They have distinct experiences that separate them from the typical murderer, and these experiences require special attention. She wants to change the public opinions which contribute to the further victimization of battered women and enable these women to receive the necessary assistance they need from the courts and other social

These women’s experiences are different and they should be accepted as evidence for their trials. For instance, Margaret Ann Malott and Rita Graveline were both suffering from mental dissociations due to the physical and psychological trauma they suffered at the hands of their husbands. They were unable to fully recollect their memories at the time of the homicide and the different attacks they faced during their marriage. She also notes that aboriginal women and racialized women, in general, are different from other women in how the law treats them. Stereotypes about aboriginal women become an issue when jurors are deciding the fate of these women. They may be disadvantaged from the Battered Woman Syndrome as it requires women to be passive, but these women come off as aggressive when they engage in fights with their partners; this plays right into the stereotype of aboriginal women being aggressive. With reference to the Battered Woman Syndrome, it sometimes can be risky for these women to use in their defence because they may not fully meet its criteria. Crown prosecutor, BL Dutka in Donelda Kay’s case said Kay did not suffer from battered Woman Syndrome because she had been in a relationship with the deceased for six