---
title: Can premenstrual syndrome be used as a legal defense in criminal cases?
description: Not yet as a full defense. Canadian courts recognize PMS as a mitigating factor in sentencing. The authors say stronger medical recognition would help establi
url: https://niyora.com/research/papers/legal-implications-of-premenstrual-syndrome-a-canadian-perspective-1986/
---

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- Can premenstrual syndrome be used as a legal defense in criminal cases?

Survey study, 1986

# Can premenstrual syndrome be used as a legal defense in criminal cases?

Not yet as a full defense. Canadian courts recognize PMS as a mitigating factor in sentencing. The authors say stronger medical recognition would help establish it as a formal defense.

 Early or limited evidence

Not applicable. This is a legal analysis of court cases.

## What they did

The authors analyzed Canadian legal cases involving PMS and discussed its legal implications. They looked at cases in England and the United States for comparison. They offered suggestions on how physicians could make PMS evidence more reliable in court.

## What they found

PMS is recognized in Canadian courts in a legally and practically important manner, particularly as a mitigating factor in sentencing. PMS is unlikely to become a substantive criminal defense until the medical community more fully recognizes its significance.

## What it means for you

This shows that law has recognized PMS in a practical way, but legal acceptance is ahead of full medical consensus on the condition. The main limitation is that this is legal analysis, not medical research with patient data.

## About the study

Original title Legal implications of premenstrual syndrome: a Canadian perspective Authors Meehan E, MacRae K Journal CMAJ : Canadian Medical Association journal = journal de l'Association medicale canadienne Year 1986 Study design Survey study What was tested Legal analysis only, no research study conducted Open access Yes Read the paper [https://pubmed.ncbi.nlm.nih.gov/3756691/](https://pubmed.ncbi.nlm.nih.gov/3756691/)

## Topics

[Premenstrual syndrome (PMS)](https://niyora.com/research/topics/condition-pms/)[Legal and forensic](https://niyora.com/research/topics/life-area-legal-crime/)

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Calm down, see it another way, and decide what to say, with a PMS and PMDD app built by a doctor.

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