Abuse defense

The abuse defense also called battered spouse defense in some USjurisdictions (a term of jurisprudence) is a so-called "innovative defense" (perhaps better viewed as an excuse or justification); via which, a defendant may argue that they should not be held criminally liable for breaking the law, as they were abused.

This is similar to the justification of self-defense and the excuse of provocation. According to the theory of battered woman's syndrome[?], women who suffer from domestic violence are unable to seek divorce and can, sometimes, be driven temporarily insane.

Lawyers have expanded this theory to cover a number of situations. In 1994, Moosa Hanoukai[?] received a mitigated sentence (manslaughter) during a murder trial; in which he argued that his wife had abused him. In 1996, the Menendez brothers[?] were found guilty of murdering their parents, despite being the victims of sexual abuse.