Some understandings of domestic violence in New Zealand: a discursive approach to the case of Gay Oakes with a focus on Battered Woman Syndrome (BWS)

Abstract

To begin, a historical, social and psychological context of domestic violence is provided to illustrate how these factors may contribute to the nature of and understandings of domestic violence. The psychological theory Battered Woman Syndrome (BWS) and the New Zealand case of Gay Oakes are then examined to consider how understandings of domestic violence may be shaped when law and psychology come together and to provide insight into some of the ways domestic violence may be understood within society. In 1994 Gay Oakes was found guilty of murdering Doug Gardner without provocation and not in self defence. Gay Oake's defence team alleged that she killed Doug Gardner in response to the domestic violence that occurred within the relationship the two had shared for eleven years. The defence team also used BWS in support of Gay Oakes. The first analysis examines parts of court proceedings from the trial of Gay Oakes. Theme(s) widely considered to characterise domestic violence and BWS and how these arise within and impact on the respective constructions within the trial is examined as a means to highlight how easily claims of domestic violence can be undermined. Findings revealed that misconceptions regarding both domestic violence and BWS may have complicated the trial and contributed to Gay Oake's conviction for murder. The second analysis is a discursive approach to extracts from newspaper articles covering the case of Gay Oakes. How various constructions of BWS functioned in the text to support or undermine Gay as culpable for killing her partner is the primary consideration. Findings revealed that lack of credibility, irrationality and helplessness, all of which were shown to be the issues of stake by the analysis, may be viewed as issues which may have lessened Gay Oake's culpability. However, Gay Oake's actions which were viewed as indicating her agency or control may have increased her culpability. Thus women, who have offended in response to domestic violence, when depicted as irrational and or helpless may be viewed as less culpable, but when they are depicted as being in control of their actions, as in the case of Gay Oakes, they may be depicted as more culpable of an offence, thus, BWS may itself be used to undermine this issue of agency. It is argued that much is known from research regarding the nature of domestic violence however some societal understandings of domestic violence resting most particularly on misconceptions in relation to it may be those that ironically contribute significantly to its "hidden" nature and indeed its prevalence. Thus resolution of these misconceptions is an important aspect of the prevention of domestic violence. It is argued also that BWS makes a valuable contribution to the area although alone it is unlikely to be able to account for all responses of all victims of domestic violence, and thus promotion of additional theories that can account for domestic violence and its consequences for women and perpetrators is important. Findings regarding BWS suggest very broadly that usefulness and purpose of forensic theories is lost and distorted when they are not understood correctly. Perhaps the most significant implication for research from this study regarding the case of Gay Oakes is for accurate definitions of domestic violence, BWS and any further psychological theories promoted within the area, to be made available to juries in trials of this nature.