California Assemblywoman Introduces Bill to Protect Battered Women
California State Assemblywoman Sheila Kuehl (D-Santa Monica) is authoring Assembly Bill 2204 to create an affirmative defense to California Penal Code Section 273a. Under statute 273a, it is either a felony or a misdemeanor if a parent or guardian fails to protect a child from abuse, but the section allows charges against a battered woman who is not able to protect even herself from abuse. Unintended consequences of this section could include punishing a victim of domestic violence who is incapable of acting to defend the child. Kuehl's bill would provide a defense for a woman who believes that acting to stop the abuse will lead to substantial bodily harm to herself or the child if the belief is considered reasonable under the circumstances.
Media Resources: Kuehl Fact Sheet - March 21, 1996