You
have heard evidence about Battered Woman Syndrome, addressing the behavior of
[a] certain witness[es]. In this
respect, Dr. [A], Ph.D., testified on behalf of the State [and Dr. [B],
Ph.D., testified on behalf of the defense].[3] The witness[es] was/were qualified as [an]
expert[s] on Battered Woman Syndrome. You may only consider the testimony of
this/these expert[s] for a limited purpose, as I will explain.
Many people have strong views about women
who are battered, so some of you may question a battered woman’s credibility
based solely on the fact that she [CHOOSE APPLICABLE TERM] remained
silent about the battering/ did not act to stop the battering/ continued to
reside with the batterer/ denied that battering occurred]. The law recognizes that many people believe
that a woman’s claim that she was battered or abused is not credible solely
because she remained silent or otherwise did not act to stop it. Evidence regarding Battered Woman Syndrome is
relevant, if believed by you, because it can explain how such behaviors are
among the many ways that a woman may respond to such battering.
You
may not consider Dr. [A]’s testimony as offering proof that battering
occurred. [Likewise, you may not
consider Dr. [B]’s testimony as proof that battering did not
occur]. Battered Woman Syndrome cannot be
used to determine whether or not abuse occurred. It relates only to a pattern of behavior of a
battered woman that may be present in some cases where battering is
alleged. You may not consider expert
testimony about Battered Woman Syndrome as proving whether battering occurred
or did not occur. Similarly, you may not
consider that testimony as proving, in and of itself, that _______, the alleged
battered woman, was or was not truthful.
Dr.
[A]’s testimony may be considered as explaining certain behavior of the
alleged victim of battering. As I just
said, that testimony may not be considered as proof that abuse did, or did not,
occur. Battered Woman Syndrome, if
proven, may help explain why a battered woman may [CHOOSE APPLICABLE TERM]
[remain silent/ take no action/ continue to live with her batterer / deny that
battering occurred].
In
a burglary or theft case, if the owner did not report the crime for several
years, your common sense might tell you that the delay reflected a lack of
truthfulness on the part of the owner. No expert would be offered to explain
the owner’s conduct, because that conduct is within the common experience and
knowledge of most jurors. By contrast,
in a case such as this, expert testimony regarding Battered Woman Syndrome can
help explain the effects that a sustained pattern of physical and/or
psychological abuse can have on a woman.[4]
Here,
Dr. [A] testified that, in cases involving battered women, [SUMMARIZE
TESTIMONY]. This testimony
was admitted for the limited purpose of explaining that the behavior of the
alleged victim was not necessarily inconsistent with battering. [CHARGE, IF APPLICABLE: here, Dr. [B]
testified that, in cases involving battered women, [SUMMARIZE TESTIMONY]. This testimony was admitted for the limited
purpose of explaining that the behavior of the alleged victim was not
necessarily consistent with battering.
In
summary, testimony as to the Battered Woman Syndrome is offered only to explain
certain behavior of an alleged victim of battering. As with all other expert testimony, you may
not consider the expert testimony as in any way proving that _____ committed,
or did not commit, any particular abusive act.
The weight to be given to Dr. [A]’s [or Dr. [B]’s]
testimony is entirely up to you. You may
give it great weight, slight weight, or any weight in between, or you may in
your discretion reject it entirely.
[1] Use
of the term “woman” is not meant to preclude evidence that this defense can be
applied to someone other than a woman.
[2] A separate charge on Battered Woman
Syndrome is offered when a defendant adduces evidence of it to support a
defense. This model charge should be
used when either party adduces evidence of the syndrome to explain why a victim
or other witness failed to report that she was battered. See, for instance, State v. Townsend,
186 N.J. 473 (2006). As such, the
language of this charge is derived primarily from that approved in State v.
P.H., 178 N.J. 378, 399-400 (2004), for use when evidence of Child
Sexual Abuse Accommodation Syndrome is adduced.
This charge should be given, where applicable, as part of the Expert
Witness charge.
[3] This
Model Charge should be modified where an expert on Battered Woman Syndrome is
called by only one party.
[4] Townsend, 186 N.J. at
499.
