What the courts need to know about mental health diagnoses of abused women.
Abused women may appear before the courts because of family or criminal matters. It is not uncommon for an abused woman to be diagnosed as having a mental health condition, including a mental disorder. In this paper, we consider the implications of the use of mental health diagnoses in the court system. We discuss the diagnostic criteria in the DSM-IV and ICD-10 classification systems and examine what other information is needed by the courts to interpret the behaviour and thought processes of abused women. This other information includes: whether the abuse is continuing and the likely impact of its continuance, diagnosis and prognosis, as well as the woman's survival strategies, her coping mechanisms, her support systems, and the severity of the physical and/or psychological abuse. This information needs to be stated within the context of what we currently know about abuse, including up-to-date knowledge about its epidemiology (e.g., prevalence, physical and psychological manifestations, and complex psychological responses). Information about other intervening factors is essential for the courts; and in order to present meaningful testimony on these factors, it is critical for clinicians to have a thorough understanding of the complex dynamics of spousal abuse.
Kaiser
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Department of Public Health Services, Faculty of Medicine, University of Toronto, Institute for Clinical Evaluative Sciences, Ontario.
Strike
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Ferris
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D018585:Battered Women / Q000523:psychology*; D005104:Expert Testimony; D005260:Female; D005555:Forensic Psychiatry; D006801:Humans; D001523:Mental Disorders / Q000175:diagnosis / Q000523:psychology*; D013179:Spouse Abuse / Q000331:legislation & jurisprudence*; D013313:Stress Disorders, Post-Traumatic / Q000175:diagnosis / Q000523:psychology