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When Survival Becomes a Crime

By Jean-Andre Deenik – the original post was published at Legal Resources Centre

SUMMARY By Vuka.news:

The Problem: Women Punished for Surviving Abuse

In South Africa, many women live with abuse and, in desperate moments, kill their abusers to survive. Instead of being helped, they are often treated like criminals because of gaps in the law.

The Impact of Abuse

Nearly half of South African women face abuse. Many suffer physical, emotional, and mental harm for years, feeling stuck because of fear and dependence. Some end the abuse by killing their abusers to protect themselves or their children.

What Is Battered Woman Syndrome (BWS)?

BWS is a type of PTSD caused by long-term abuse. Women with BWS may:

  • Always feel afraid and hopeless.
  • Be extremely alert to danger.
  • Feel stuck and controlled by their abuser.
    Their actions may not look like self-defense in the usual sense but are acts of survival.

Problems with the Legal System

The law requires that threats are immediate and the response is equal to the danger. This doesn’t work for women facing years of abuse, making it hard for them to prove they acted in self-defense.

Why Changes Are Needed

The justice system fails abused women by:

  • Ignoring abuse that isn’t physical, like financial or emotional control.
  • Not understanding how abuse works.
  • Using outdated self-defense rules.

How to Fix the System

  1. Change Self-Defense Rules: Include long-term abuse and BWS in self-defense cases.
  2. Train Legal Professionals: Teach judges and prosecutors about abuse and trauma.
  3. Better Evidence Rules: Let courts hear expert opinions about BWS and trauma.
  4. Support for Survivors: Provide shelters, counseling, and financial help.

A Call for Fairness

Women who act to survive abuse deserve understanding, not punishment. By changing the law and offering support, South Africa can protect these women and tackle the causes of abuse.

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