In the Matter of Glenn G.

587 N.Y.S.2d 464 (1992)

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In the Matter of Glenn G.

New York Family Court
587 N.Y.S.2d 464 (1992)

Facts

Mr. G. (defendant) was married to Mrs. G. After the birth of their first child, Josephine, Mr. G. became abusive toward Mrs. G. He would not permit her to take her child out of the house, he verbally abused her, and after she returned home from errands one day to find him inappropriately touching their daughter, Mr. G. hit Mrs. G. for the first time. Mrs. G. and Josephine moved to Florida, where Mrs. G. gave birth to the couple’s second child. Mr. G. tracked down Mrs. G. by calling hospitals and arrived at her bedside, apologizing and promising to attend counseling. Mrs. G. and the children returned to New York in June 1987. Mr. G. did not attend counseling, and his violence escalated. Mrs. G. did little to protect herself and the children besides confiding in her mother-in-law, who suggested she continue to endure the situation, and unsuccessfully attempting to intervene in Mr. G.’s continued sexual abuse of both children. In April 1991, Mrs. G. went to the police station, seeking assistance after a domestic-violence incident. She was visibly distraught and asked a victim’s-advocate worker if it was normal for a father to grab children in the groin area, dance naked with them, and take photos of them naked. After that, Mrs. G. was relocated to a battered-women’s shelter. Mrs. G. was later charged with sexual abuse and, in the alternative, neglect, due to her failure to protect her children from Mr. G.’s abuse. As a defense, Mrs. G. asserted that she suffered from battered-women’s syndrome, a systematic breaking down of a woman’s self-confidence through verbal and physical abuse and social isolation. Two experts testified that in their opinions, Mrs. G. was a battered woman.

Rule of Law

Issue

Holding and Reasoning (Schechter, J.)

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