Battered Spouse Syndrome as a Legal Defense in Missouri:

As criminal defense attorneys at Twibell Pierson Criminal Law, we understand that the law must adapt to the complex realities of human behavior and the realities of domestic relationships. One such reality is domestic violence and the impact it has on the individuals who endure it. Battered Spouse Syndrome (BSS) is a psychological condition that can develop after prolonged and severe domestic abuse. For those who may have acted in self-defense against their abuser, Missouri law recognizes this syndrome as a relevant factor in criminal defense. In fact, an abuser might be found not guilty of their crimes if they are suffering from Battered Spouse Syndrome. 

The State of Missouri, under Revised Statutes of Missouri (RSMo 563.033), allows Battered Spouse Syndrome to be used as part of a legal defense in cases where the defendant claims they acted in self-defense due to ongoing abuse. As criminal defense attorneys, it is essential to provide a detailed overview of Battered Spouse Syndrome and how it can serve as a legal defense, focusing on its application under Missouri law. Our goal is to provide potential criminal defense clients with an understanding of this defense and how it can be utilized if an individual is facing criminal charges after an incident involving domestic violence or domestic assault.

1. Understanding Battered Spouse Syndrome

Battered Spouse Syndrome is not a standalone psychological diagnosis but rather a subset of Post-Traumatic Stress Disorder (PTSD). A lot of times, we think of PTSD as related to individuals coming home from war, but it also applies to individuals who are in abusive situations for a prolonged period of time.  Individuals suffering from BSS often experience feelings of helplessness, fear, and a sense of being trapped in an abusive relationship. As a result, their behavior may sometimes appear irrational or out of character, especially when they feel that their safety—or the safety of their loved ones—is in immediate danger. Often, our clients with no criminal history will act in desperation for self-preservation. 

Typical behaviors of Battered Spouse Syndrome include:

• Long periods of passivity during abuse followed by sudden, drastic action.
• A belief that leaving the relationship is not an option due to threats of harm or financial or emotional dependence.
• A distorted view of danger leads the individual to believe they are always in immediate threat.
• Impaired decision-making capabilities due to the ongoing trauma.

This syndrome often plays a critical role in explaining the psychological state of a defendant at the time of an alleged crime, particularly in situations where the defendant claims to have acted in self-defense.

2. Missouri Law: RSMo 563.033- Battered Spouse Defense

Missouri Statute 563.033 directly addresses the use of Battered Spouse Syndrome as a defense in criminal cases. Specifically, it allows evidence of BSS to be presented in cases where the defendant claims self-defense and argues that their perception of imminent danger was influenced by prolonged abuse. Let’s break down this statute:

• Introduction of Expert Testimony: Under RSMo 563.033(1), the statute permits the introduction of expert testimony to establish the existence of Battered Spouse Syndrome. This expert testimony can be crucial in helping the court understand the psychological effects of long-term domestic abuse on the defendant. It is often presented by psychologists or domestic violence experts who have evaluated the defendant. Missouri law requires that those invoking Batter Spouse Defense be evaluated by a mental health professional with experience in the field of  Battered Spouse Syndrome. 
• Justification for Self-Defense: Missouri law, like the law in many states, recognizes the principle of self-defense. Typically, a person can legally defend themselves if they believe they are in immediate danger of death or serious physical injury. However, the question often arises: How does one prove they were in immediate danger if the abuser was not attacking them at the precise moment the crime occurred? Battered Spouse Syndrome provides insight into how the defendant’s prolonged abuse may have affected their perception of imminent danger, potentially justifying their actions. In other words, an individual does not need to show they are at risk of immediate injury or bodily harm in order to invoke battered spouse defense. 
• Legal Requirements of Self-Defense: Missouri law typically requires that the danger be immediate and the response proportionate to use self-defense as a legal argument. A person must not use more force than necessary to stop the attack. In cases of Battered Spouse Syndrome, however, the defendant’s perception of danger may be different from someone who has experienced long-term abuse. RSMo 563.033 acknowledges this by allowing the jury or judge to consider the impact of abuse on the defendant’s mental state when evaluating whether their use of force was reasonable.

3. The Role of Expert Witnesses

In cases involving Battered Spouse Syndrome, an experienced criminal defense attorney will rely heavily on expert testimony. The role of an expert witness is to educate the jury or judge about the psychological effects of domestic violence and what the mindset of the defendant was at the time of the accusation. The expert will evaluate the defendant, provide testimony regarding their mental state, and explain how the abuse they suffered may have influenced their actions.

This testimony serves several critical purposes:

• Validating the Existence of Abuse: The expert can help prove that the defendant was, indeed, the victim of prolonged abuse, which helps establish the context in which the crime occurred.
• Explaining Psychological Trauma: The expert witness can clarify how the psychological trauma associated with Battered Spouse Syndrome can affect decision-making, particularly in moments of perceived threat.
• Challenging Misconceptions: Domestic violence survivors often face misconceptions in court—such as the belief that if they stayed with their abuser, they couldn’t have been in danger. The expert witness can dispel these myths by explaining how the cycle of abuse can trap victims in harmful relationships.

4. Application of BSS in Self-Defense Cases

For potential clients considering Battered Spouse Syndrome as part of their defense, it is essential to understand how it fits into a self-defense claim.

BSS is crucial in explaining how a history of abuse shapes the defendant’s understanding of danger. For instance, a battered spouse might perceive an abuser’s threat of harm—even if not immediate in the moment—as a serious, ongoing risk based on prior episodes of violence. BSS allows the defense to argue that the defendant’s use of force was justified due to their traumatic experiences.

The success of this defense often hinges on the ability to show:

• The existence of a pattern of abuse.
• That the defendant had reason to believe that their abuser would inflict harm, based on prior instances.
• That the defendant’s perception of danger was influenced by the abuse they endured.

5. Challenges and Considerations

While Battered Spouse Syndrome can be a powerful defense, it has challenges. Some of the primary concerns include:

• Proving a History of Abuse: Establishing that the defendant was a victim of domestic abuse is vital. This can be done through witness testimony, police reports, medical records, and expert analysis.
• Juror Bias: Jurors may struggle to understand why a defendant didn’t leave the abusive relationship or may believe that the threat wasn’t immediate enough to justify the defendant’s actions. It is crucial to educate the jury on the psychological impact of prolonged abuse and the cycles of domestic violence.
• The Timing of the Incident: If the abuser was not in the process of attacking the defendant at the time of the alleged crime, it can be challenging to prove self-defense. BSS is key to explaining why the defendant might have reasonably believed they were in immediate danger based on the abuser’s history of violence.

6. Conclusion

For individuals who have suffered prolonged abuse, the law offers protections. Battered Spouse Syndrome is recognized in Missouri as a legitimate defense under RSMo 563.033. If you or a loved one finds yourself facing criminal charges after an incident involving domestic violence, understanding how this defense works is critical.

At Twibell Pierson Criminal Law, we guide clients through the legal process, ensure their story is heard, and provide aggressive representation. We will work to introduce the necessary evidence, secure expert testimony, and build a defense strategy that takes into account the psychological effects of domestic abuse. I

Legal Disclaimer: This article is intended to provide general information and should not be taken as legal advice. Each case is unique, and the specifics of your situation should be discussed with a qualified criminal defense attorney.