RAISR4D Violence

Victim to Defendant: Judicial Dilemmas and Gender Bias in Chinese Cases of Battered Women Killing Their Abusers

16/06/2026

AI Summary

Courts frequently ignore prolonged domestic abuse context, thereby undermining battered women's claims of legitimate defence.
Judicial barriers include strict imminence standards, overreliance on visible injury, and stereotypical expectations that distort assessments of reasonableness.
Systematic gender bias shapes evidence interpretation and legal reasoning, prompting calls for contextualised, gender sensitive reform in adjudication.

Violence Against Women. 2026 Jun 16:10778012261458802. doi: 10.1177/10778012261458802. Online ahead of print.

ABSTRACT

This study examines battered women in China who used lethal defense after years of abuse by their husbands. Drawing on six interviews with abused women and judicial officers and eight cases, it finds that courts often ignore the context of abuse, undermining claims of legitimate defense. Key barriers include rigid imminence standards, reliance on visible evidence, and stereotype-driven expectations. The study also shows that these dilemmas are not only doctrinal or institutional but are systematically shaped by gender bias, affecting evidence, reasonableness, and interpretations of women’s resistance. The findings support legal reform towards more contextualized, gender-sensitive adjudication.

PMID:42300593 | DOI:10.1177/10778012261458802

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