Rekha Kumari-Baker is serving at least 33 years for stabbing her two teenage daughters, aged just 16 and 13, to death. She had taken her daughters out shopping the day of the brutal murders, where she purchased the two knives she would use to kill her daughters as they slept. She stabbed one of her children 39 times, with wounds revealing her daughter had tried to escape the attack. Despite these shocking murders being premediated, her lawyers argued that Rekha Kumari-Baker was suffering from an "abnormality of the mind" and she pleaded diminished responsibility due to mental illness.
Dr Toase stated that clinical depression had not been diagnosed, "I was unable to find any evidence of mental health problems". This attack was said to be out of revenge, with Kumari-Baker wanting to 'wreak havoc' on her ex-husband. Despite this, Rekha Kumari-Baker stated that she was suffering from these abnormalities of the mind, due to suffering with Premenstrual Stress/ Premenstrual Dysphoric Disorder.
Premenstrual Dysphoric Disorder (PMDD) is similar to Premenstrual Stress (PMS) but more serious. PMDD causes severe irritability, depression or anxiety in the two weeks before menstruation begins. Researches are not certain of the causes of PMDD, but hormonal changes throughout the menstrual cycle may play a role according to WomensHealth. The symptoms can be broke down into 3 main categories; physical, emotional and behavioural.
Dr Katharina Dalton, a gynaecologist and advocate for PMS/PMDD victims, established that a statistically significant percentage of females who commit violent crimes do so during the paramenstruum (the four days before, and the first four days of menstruation).
A defendant might seek to prove she suffered from PMDD either to establish a complete insanity defence (which rarely, if ever, stands in court), or a defence of diminished responsibility. A lack of scientific evidence that PMDD causes psychosis means that an insanity defence would not succeed. Diminished Responsibility is a statuary defence and comes under s2 of the Homicide Act 1957. The defence of diminished reasonability must prove that PMDD/PMS prevented the accused of having the specific mens rea with unclear thoughts and impairment of self-control, judgement and will power. However, proof is problematic.
Cases.
In 1981 a London bartender, Sandie Craddock, stabbed and killed her co-worker. Craddock had a previous history of arson, assault and theft, which actually was later used in court in her defence. Her defence of the murder charges pleaded diminished responsibility, producing diaries and records showing her violence to be cyclical, showing her premenstrual hormone changes were so severe that they filled her with rage. This led to the lesser sentence of a manslaughter charge.
In the case of People V Santos, Shirley Santos aged 25 testified in a preliminary hearing that she beat her daughter whilst in a 'black-out' caused my PMS. She received a favourable plea bargain based on diminished responsibility.
In 1980, 36 year old Christine English used her car to crush her boyfriend against a pole, subsequently killing him. English pleaded guilty to manslaughter after being shown leniency due to being 'ruled by a compulsion to violence' triggered by PMDD.
A Treatment?
Dr Katharina Dalton argued that PMS is caused by the varying levels of progesterone. NHS advise progesterone injections to help with serious symptoms. In the case of Sandie Craddock, tests revealed extreme hormone imbalances in the form of a progesterone deficiency. After 3 months of treatment, her behaviour changed completely.
Issues.
The British courts acceptance of this as a mitigating circumstance in determining sentencing has been both hailed and condemned. In Ussher J. Women's Madness: Misogyny or Mental Illness, it argues that the law treats the female perpetrator as 'mad' not necessarily 'bad'.
Despite Dr Daltons arguments around levels of progesterone, and the treatment for this, there is concern that blaming the female reproductive system for their actions has stark similarities to those of outdated beliefs and diagnosis. By the 19th century increasingly large numbers of women were admitted into public and private asylums. Women were deemed likely to fall victim of disorders of the mind related to their biology, with the term 'hysteria' deriving from the Greek word 'hystera' meaning 'uterus'. Originally it was believed to be caused by a defect of the womb, meaning only women could become 'hysterical'. The uterus was blamed for nearly all mental illnesses in women, with heightened anxiety or distress being due to a 'wandering womb'. Mental illness was also blamed for women not conforming to societies misogynistic standards, showing stubbornness or disobedience to men, especially their husbands. There were many shocking and unethical treatments used in asylums to attempt to rid women of these illnesses.
The Diagnostic and Statistical Manual of Mental Disorders, which is widely used, did not remove the term 'hysteria' until the 1980's.
Therefore blaming a females biology for their actions appears to be a very outdated and sexist step back in court, with women being more likely to receive lesser sentences due to diminished reasonability than men.
Paul Crowther, who stabbed his girlfriend to death in the street, was sentenced to life in prison, with a minimum term of 12 years. He was given a hospital order under section 45 A of the Mental Health Act 1983, which is the power of higher courts to direct hospital admission, where he would serve some of his sentence. Crowther stated that he had been told to kill 21 year old Bethany Fields by the voices in his head, yet the judge rejected suggestions that Crowther was in "a state of altered awareness".
This highlights the sexist use of diminished responsibility, as in the case of Sandie Craddock, she blamed her female biology, and received a lesser sentence of manslaughter and was released on probation. However when Paul Crowther's defence argued that he was in a 'state of altered awareness', it was dismissed by the judge and he was sentenced to life.
Therefore, one questions whether PMDD/PMS should be able to be used as a defence in court. Despite there being some evidence around varying levels of progesterone, it is very hard to prove as a defence, and feels as though blaming the female biology is a reflection of sexist and outdated beliefs. Not only this, it also appears to give women an unfair and sexist advantage over men, who commit similar crimes yet receive harsher sentences.
Comments