Premenstrual syndrome and criminal responsibility

Abstract

In the early 1980s, evidence of premenstrual syndrome was first adduced in England to support the partial criminal defence of diminished responsibility and subsequent cases in England and Canada have shown that prernenstrual syndrome will be taken into account as a mitigating factor in sentencing. This article briefly examines the existence and aetiology of premenstrual syndrome and the notion that women's crimes may be caused by biological conditions, before discussing the central question of whether or not evidence of premenstrual syndrome should be used in criminal trials to excuse women from criminal responsibility. The author argues that ultimately it is more advantageous for women to b..