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Survey study, 2020

Can premenstrual syndrome be used to reduce criminal responsibility?

This research examines whether women should be legally excused from criminal responsibility because of PMS. It identifies legal barriers to using such evidence in courts.

Early or limited evidence Legal and conceptual analysis of PMS in criminal law, not a study of specific women

What they did

Examined the relationship between female criminality and PMS and reviewed how PMS evidence is used in criminal trials.

What they found

Legal barriers exist when trying to use PMS evidence to reduce a woman's criminal responsibility. There is tension between recognizing women's experiences with premenstrual symptoms and avoiding over-medicalization of normal bodily functions.

What it means for you

Laws need to develop more thoughtfully to recognize women's specific experiences with premenstrual symptoms while being careful not to medicalize normal bodily changes. This is a conceptual analysis rather than a study of actual cases.

About the study

Original title
Road-mapping the Contradictions Around Premenstrual Syndrome: A Medico-legal Quandary
Authors
Upma Gautam, S. R. Sharma
Journal
Journal of Victimology and Victim Justice
Year
2020
Study design
Survey study
What was tested
None

Topics