Featured News 2011 Domestic Violence vs. Self-Defense

Domestic Violence vs. Self-Defense

A life spent as a battered woman can amount to drastic behavior, the least of which would be the act of escape from the abusive environment. Unfortunately, for those being wrongfully treated this is hardly as easy as it seems. In fact, it is usually down right impossible. Abusive people are notorious for threatening to end the life of a spouse who attempts to somehow stop the torture. More often than not, victims of abuse remain with their abusers purely to escape the threat of potential harm to their loved ones or death in worst case scenarios.

The battered woman effect is a relatively new line of defense being used in court cases involving domestic violence or homicide. Following this line of thinking, the years of abuse and hate displayed towards some individuals could be enough to provoke drastic reactions from the victim. This theory focuses on a battered woman’s past abuse in order to determine how primed she may be at any given time to believe that her life is in imminent danger. When this is the case, it is not uncommon for a battered woman to finally fight back in defense of her life. If this means that the abuser’s life will be lost in the act, then so be it.

Perhaps the most well-known proponents of the battered woman effect are the family members and defense attorneys of Barbara Sheehan. Ms. Sheehan, a 50-year old resident of Queens, is currently on trial for killing her husband more than two years ago. While there is no question that Ms. Sheehan is responsible for the death of her husband, Raymond, her motives for doing so are being furiously debated by court and jury officials.

According to Ms. Sheehan, she was forced to spend decades living in fear of the man she had faithfully committed herself to in marriage. Instead of the married bliss she had hoped for, Deborah was faced with a tumultuous relationship in which her husband was frequently verbally and physically abusive. As Sheehan and her children have attested, there were many violent instances in which Raymond inappropriately belittled his wife or overreacted in intense rage and physical anger. Under such rocky conditions, it is no wonder that Deborah often feared for her life.

Despite the declarations of abuse and violence made by the Sheehan family, the Queens mother is still under harsh scrutiny in the courtroom she now frequents. Her history of abuse is said to have created an “emotional paralysis” that left her incapable of leaving the situation for fear that things could possibly get worse. The history of beatings and screaming matches are also being traumatically reviewed and replayed in order to determine if they were truly enough to solicit the gunshots that ultimately killed her husband.

Deborah and her son have both portrayed Raymond as a fearful man prone to fits of uncontrollable rage and violence. She even described the glazed and emotionless look her husband took on before announcing that he intended to kill her. It was at this point that the desperate wife and mother of three decided that action was necessary in order to defend herself and her family. Under the impression that her life was at stake, she did what almost anyone else would: she removed the danger.

In any case of death or murder, strict attention must be paid to the circumstances surrounding the incident. What Deborah and her children clearly believe to be self-defense must be investigated by authorities before the woman’s charge can be exonerated. Use of lethal force is legal in New York in times of immediate threat to someone’s life. However, prosecution is claiming that Ms. Sheehan’s gunshots are the actual form of domestic violence in the situation, not the behaviors of the late Mr. Sheehan.

In too many cases, there is just enough reasonable doubt to turn what should have been an easy decision into an all-out criminal court hearing. Family and friends of Deborah Sheehan know this all too well. As the trial continues and the jury remains in limbo, so does the fate of Ms. Sheehan.

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