Battered Woman Syndrome Theory In Nevada
The Nevada Legislature recognized the battered woman theory in NRS 48.061 as follows:
Evidence of domestic violence as defined in NRS 33.018 and expert testimony concerning the effect of domestic violence on the beliefs, behavior and perception of the person alleging the domestic violence is admissible in chief and in rebuttal, when determining:
1. Whether a person is excepted from criminal liability pursuant to subsection 7 of NRS 194.010, to show the state of mind of the defendant.
NRS 194.010 provides in pertinent part as follows:
All persons are liable to punishment except those belonging to the following classes:
Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.
Whether a person in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.
NRS 200.200 states as follows:
If a person kills another in self-defense, it must appear that:
The danger was so urgent and pressing that, in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary; and
The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.
Under Nevada law, the effect of domestic violence on "beliefs, behavior, and perception" of a defendant is admissible to "show the defendant's state of mind."
However, battered woman syndrome is not a complete defense.