R. v. Lavallee

Psychology of BWS

cycle of violence- three stages describing an abuser's behavior

The Cycle of Violence

Post Traumatic Stress Disorder

• mental illness
• characterized by trauma...
• ...involving death/threats...
• ...or sexual violence

Why Stay Despite Abuse?

• "honeymoon phase"
• economic motivations
• fear/depression/denial
• family
• loss of self-esteem

Battered Woman Symptoms

• woman blames herself
• fear for lives of self/children
• abuser omnipresence
• inescapable self-responsibility

the mental state of a woman w/ 2 or more cycles of inflicted domestic violence

Psychological Stages

• Denial
• Guilt
• Enlightenment
• Responsibility

Background Information

The Prelude

• Angelique Lavallee and Kevin Rust
• Frequent abuse in the relationship
• August 30, 1986= house party

The Incidence

• Rust chased Lavellee w/ threats
• "Either you kill me or I kill you"
• Fired once> missed
• Fired twice> hit him in the head

The Aftermath

• "I hope he lives..."
• "I really love him..."
• "He told me he was going to...
• ...kill me after everyone left."

Case Details

Criminal Code Provisions

• s.34(1): those that are assaulted can repel the force
• 1)it is not intended to cause death
• 2)force used is no more than neccessary
• 3)reasonable means in relation to the assailant
• 4)cannot otherwise prevent death/preserve himself

Criminal Code Provisions

• s.231(7): all murder that is not first degree...
• ...murder is second degree murder

Initial Ruling

• Initial acquittal for Lavallee
• Overturned by the M.C.o.A.
• Psychiatric evidence was null

The Defence

• expert testimony by psychiatrist
• she was terrorized, felt trapped
• continuous violence> desperation
• witnesses: signs of struggle before shooting
• arresting officer: she did not want him to die

The Continued Defence

• red mark where Rust grabbed her
• Rust had bruises (indic. aggression)
• Her pinky was injured (protective stance)

The Crown

• Rust turned his back when shot
• Assault was not in progress
• She had the aims of revenge
• M.C.o.A. wanted to discount psych. evi.

Final Decisions

The Decision

• S.C. overturned the M.C.o.A.
• restored the initial acquittal
• b.m.s.=self defense to murder

Impact on Law

• definition of "reasonable" doubt
• a justification for self-defense

Controversy

• License to kill
• Guarantee of acquittal?
• "Learned helplessness"
• Stereotypes

Similar Cases

R v. Napolitano

• Angelina Napolitano took an axe and killed her husband while he slept
• She was repeatedly abused
• Judge ruled the evidence inadmissible
• Originally she was sentenced to hang

R v. Malott

• Margaret Ann Malott killed her common law husband at a medical centre
• She was physically, sexually, psychologically and emotionally abused
• Her husband was a police informant, and heard of her complaints
• Expert evidence proved she suffered from BWS
• Charged with second degree murder but appealed to SCC

Sources

• http://www.domesticviolenceinfo.ca/article/psychology-of-the-battered-woman...
• http://www.cmha.ca/mental_health/post-traumatic-stress-disorder/#.VHNzhL4k_...
• https://www.rainn.org/get-information/effects-of-sexual-assault/battered-wo...
• http://publications.gc.ca/Collection-R/LoPBdP/MR/mr60-e.htm
• http://outofthefog.net/CommonNonBehaviors/LearnedHelplessness.html

Sources continued

• http://www.vawnet.org/applied-research-papers/print-document.php?doc_id=206...
• http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/599/index.doitem here
• https://zoupio.lexum.com/calegis/rsc-1985-c-c-46-en#!fragment/Defence_of_Pe...