Section 23.28 Battered Spouse Syndrome

• Library: Criminal Practice 2012 Supp

F. (§23.28) Battered Spouse Syndrome

Evidence of the battered spouse syndrome is admissible on the issue of whether the accused lawfully acted in self-defense or defense of another. Section 563.033.1, RSMo 2000. This evidence does not depend on the marital status of the defendant. State v. Williams, 787 S.W.2d 308, 311–12 (Mo. App. E.D. 1990). For this evidence to be admissible, a defendant must establish a prima facie showing of traditional self-defense—danger of death or imminent serious physical...