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A Previously Battered Person Has The Right To Act More Quickly And
Harshly in Self-Defense
A person who suffers from battered woman syndrome has a greater sensitivity to danger than does the ordinary person. As a result, a person who suffers from battered woman syndrome is justified in acting more quickly and taking harsher measures for her protection in the event of assault either actual or threatened, than would a person who is not subject to battered woman syndrome.
Evidence has been received in this case that the defendant suffers from battered woman syndrome and has a greater sensitivity to danger. If you believe that the defendant has a greater sensitivity to danger and, because of such sensitivity, had reasonable cause to fear greater peril in the event of an altercation with __________ [insert name of deceased or alleged assault victim], you are to consider such sensitivity in determining whether the defendant acted reasonably in protecting her life or bodily safety.
Points and Authorities
(See FORECITE F 9.35.1a.)
[See Opinion Bank # O-136 for additional materials on BWS and Battered Child Syndrome.]
RESEARCH NOTES: See FORECITE BIBLIO 9.35.1.