Sexual battery may be charged when one touches another, against that person’s will, for one’s own sexual gratification or arousal or in an act of sexual abuse. In California, when the battered person is the “intimate partner” of the one doing the touching, the crime will be charged as one of domestic violence, where the accused will face a host of additional penalties that he or she may have otherwise avoided. In addition, a domestic abuse case presents the accused and his or her attorney with a variety of technical trial issues that are specific to these types of crimes.

Battered person’s syndrome (more traditionally referred to as battered woman’s syndrome, battered women’s syndrome or BWS) is one of the trial issues that is unique to a case involving allegations of intimate partner abuse. Battered person’s syndrome (BPS) is a mental condition that psychologists use to describe an individual who has been regularly and severely victimized by his or her intimate partner. Although it used to refer only to a woman involved in a heterosexual relationship, it is applicable to anyone involved in an abusive relationship, including women or men who are involved in a same sex partnership.

Battered person’s syndrome describes an individual who has been “conditioned” to believe that whatever abuse he or she receives is warranted. In order for an individual to be diagnosed with BPS, there are three phases that he or she must have been through with his or her intimate partner at least twice. These phases include the tension building phase (everything that takes place before the battery that leads up to it), the battery and the honeymoon phase (the phase of remorse, where the abuser apologizes for the abuse and promises to never do it again). This syndrome, like many other psychological conditions, is fairly specific and only applies to certain people. This is one reason why it is so important for an individual accused of sexual battery to hire a California domestic violence attorney who is familiar with battered person’s syndrome should it and its effects be introduced at trial.

Battered person’s syndrome would primarily be used in a DV case alleging sexual battery as evidence against the defendant. This would most likely take place if the accuser recanted his or her original accusations. When the accuser in a domestic violence trial takes back his or her allegations, the prosecutor will likely hire an expert to testify that the reason he or she has done so is because he or she suffers from BPS and has either been threatened by his or her abusive partner into doing so or because he or she fears what further violence he or she will be subjecting him or herself to if he or she doesn’t. An experienced criminal defense lawyer will, in turn, hire his or her own defense expert witness to testify as to the many legitimate reasons why an accuser may recant his or her allegations and will use the facts of his or her client’s case to persuade the court and jury accordingly.

The GLBT supportive attorneys at the Kavinoky Law Firm have several law offices in Los Angeles and others throughout California. They specialize in California crimes of domestic violence, including sexual battery, and as a result, are prepared to effectively handle any DV related issue that comes their way – including battered person’s syndrome. They are further dedicated to protecting the rights of their gay, lesbian, bisexual and transgender clients, treating them with nothing but compassion and respect and recognize the unique issues and fears that they may have when forced to go public with their same sex relationship. They are truly here to help. Contact them today for a free consultation and for unsurpassed representation.