Husband and Wife - Domestic Abuse

It was once presumed that a husband should have the right to exert physical control over his wife, if only to protect himself from liability for his wife's actions. Therefore, common law permitted a husband to discipline his wife physically. Interspousal TORT IMMUNITY made it impossible for a wife to succeed in an action against her husband. It was rare for a wife to accuse her husband of a crime, and a wife was forbidden to testify against her husband. Today, a wife is almost always permitted to testify against a husband who has been accused of causing intentional injury to her or their child. With interspousal tort immunity all but abrogated in most jurisdictions, husbands and wives can now recover in suits against one another under the theories of fraudulent MISREPRESENTATION, BATTERY, intentional infliction of emotional distress, and NEGLIGENCE.

The common-law right of a husband to discipline his wife combined with interspousal tort immunity prevented incidents of domestic abuse from becoming public. In addition, victims of domestic abuse often did not reveal the extent of their injuries for fear of reprisals. Little legal relief was available, as courts were hesitant to interfere in the husband-and-wife relationship. With the abrogation of interspousal tort immunity, the U.S. public has become aware of domestic abuse as a nationwide issue.

In some cases, victims of domestic abuse who have injured or killed their spouse as a means of SELF-DEFENSE against violence and abuse have been acquitted of criminal charges. The BATTERED SPOUSE SYNDROME is a defense these men and women have asserted. The syndrome, a subcategory of post-traumatic stress disorder, seeks to explain why some spouses remain in abusive relationships and others finally use violence to break out of such relationships. Because battered women are typically economically dependent on their husband, they hesitate to seek help until the violence escalates to the point where they believe the only way to free themselves is to kill their abuser.