Battered Person Syndrome in Court

On Wednesday, we'll be watching a film about the use of the battered woman defense in court. The film, Abused, tells the story of Susan Greenberg. The library entry for the film is here, but it won't be available until after class on Wednesday. But I'd like for you to think about this story, too. It is the story of Mr. Hassan and his battered person defense. Mr. Hassan is accused of beheading his wife after they decided to divorce. For background information, see this New York Times account of the story. His attorney used "battered person syndrome" as an explanation of his self-defense claim. Here is a news account of Hassan's defense:



After deliberating for less than an hour, the jury found him guilty. He was subsequently sentenced to life in prison by the trial court judge, but is likely to appeal the verdict. This case has led to a couple of legal innovations in New York. These innovations are intended to prevent domestic violence, mostly against women. They were inspired not by Hassan as "victim" (as his defense claimed), but as perpetrator of the murder of his wife. First, a new Integrated Domestic Violence Court was created to try to keep non-lethal "warning signal" events in the court system. A second innovation is a new law taking away the murderous spouse's right to the victim's remains.

Sexual Assault and Campus Procedures

In class today, we talked about the way college campuses can use administrative procedures to investigate and make findings in response to claims of sexual assault on campus.This article from the Cato Institute provides an introduction to some of these issues. To see the problems in practice, consider the story of Patrick Witt.

UNLV's procedures can be found at this link. Here is an excerpt: The Office of Student Conduct (OSC) collaborates with the UNLV community to provide an inclusive system of conflict resolution services through enforcement of the UNLV Student Conduct Code and related policies by:

• Promoting awareness of student rights and responsibilities;
• Establishing accountability for student choices;
• Creating opportunities for involvement in the process; and
• Striving to uphold the values and ethics that advance the common good.

UNLV Student Conduct Policy Individuals who are victims/survivors of interpersonal violence may report such acts to the Office of Student Conduct (OSC). A victim/survivor controls the level to which they participate in the conduct process. You can decide not to make a formal report, to make an anonymous report, or make formal charges against the accused student. OSC will always attempt to adjudicate incidents based upon the victim’s/survivor’s level of participation in the least intrusive way. Student Rights in the Conduct Process:

• To have all statements and reports remain confidential.
• To have a No Contact Letter issued against the charged student.
• To have an advocate present at all stages of the conduct process.

If you want to read more about the difficult position our college campuses have been put in, read this recent law review article.

Consent When Drugged?

Consent has a different meaning when the victim has been drugged. Here is a link to a short video on the topic.

Cohabitation

In America, cohabitation is on the increase. This article describes the changing nature of cohabitation, which includes the increase in older Americans who engage in the practice. This has important consequences for the traditional common law ideas of marriage. In Kenya, cohabitation laws are being relaxed. In India, the recent court decision described here attempts to deal with these new realities. Some American states have started to address the way that cohabitation impacts existing common law institutions like alimony. But several American states still have laws against cohabiting, as this unfortunate political candidate discovered recently.

From http://www.unmarried.org/housing.html

 

North Carolina's anti-cohabitation law was challenged in 2005, and the trial court's decision to overturn the law was later upheld on appeal. But several states still have such laws.