Unveiling the Complexities of Self-Defense Claims in Domestic Violence Cases

This episode offers a riveting journey into the thorny issue of self-defense claims made by victims of domestic violence. Listeners will leave with a fresh perspective and deeper understanding of the complexities involved in these cases. Kelsey McKay, a seasoned attorney and the founder of Respond Against Violence, brings her expertise to our discussion. As a former prosecutor, she shares invaluable insights on how the criminal legal system responds to self-defense claims, with often visible injury being the sole determining factor in assault cases.

We dissect the challenging issue of self-defense laws, particularly their failure to account for the fear and isolation that survivors of abuse experience. A chilling real-life case illustrates how systemic biases and lack of proper training can lead to grave injustices, especially for women of color. We also point out the strategic methods abusers use to isolate victims from utilizing the criminal system, and the uphill battle victims face when advocating for themselves. 

As we wrap up, we highlight the urgent need for change in societal understanding and language concerning self-defense laws. This is to prevent women from being incarcerated for defending themselves against their abusers, through educating investigators and prosecutors on the dynamics of abuse.