Battered spouse syndrome evidence that defendant acted in self-defense or defense of another
If someone is accused of a crime and says they acted in self-defense because they were abused by their partner over time, a court can hear evidence about battered spouse syndrome to help explain why they did what they did. Before the trial, that person has to give written notice to the court. The court may then have doctors examine that person, but anything the person says during those exams cannot be used against them to prove they committed the crime.
563.033. evidence that acted in or — procedure. — 1. Evidence that the was suffering from the battered spouse syndrome shall be upon the of whether the actor lawfully acted in self-defense or defense of another.
2. If the defendant proposes to offer evidence of the battered spouse syndrome, he shall file written notice thereof with the court in advance of trial. Thereafter, the court, upon of the state, shall appoint one or more private s or s, as defined in section 632.005, or physicians with a minimum of one year training or in providing treatment or services to intellectually or mentally ill individuals, who are neither employees nor contractors of the for the purposes of performing the examination in question, to examine the accused, or shall direct the of the department of mental health, or his , to have the accused so examined by one or more psychiatrists or psychologists, as defined in section 632.005, or physicians with a minimum of one year training or experience in providing treatment or services to intellectually disabled or mentally ill individuals by the director, or his designee, for the purpose of examining the defendant. No private psychiatrist, psychologist, or physician shall be appointed by the court unless he has ed to act. The examinations ed shall be made at such time and place and under such conditions as the court deems proper; except that if the order directs the director of the department of mental health to have the accused examined, the director, or his designee, shall determine the reasonable time, place and conditions under which the examination shall be conducted. The order may include for the interview of witnesses.
3. No statement made by the accused in the course of any such examination and no received by any physician or other person in the course thereof, whether such examination was made with or without the consent of the accused or upon his motion or upon that of others, shall be admitted in evidence against the accused on the issue of whether he committed the act charged against him in any criminal then or thereafter pending in any court, state or federal.
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Source & history notes
(L. 1987 H.B. 341, A.L. 2014 H.B. 1064) (1990) Evidence of "battered spouse syndrome" admissible in claims of self-defense does not depend on defendant's marital status. (Mo.App.E.D.) State v. Williams, 787 S.W.2d 308. (1995) Where wife looked for someone to kill her husband for over three months prior to murder, statute prohibits the battered spouse syndrome because defendant had not been able to raise the issue of self-defense. Anderson v. Goeke, 44 F.3d 675 (8th Cir.).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.