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Jun 11, 2024 Tuesday

Widener University Commonwealth Law professor examines traumatic brain injuries in domestic violence cases at Health Law Conference

Widener University Commonwealth Law School’s Associate Professor of Law, Michal Buchhandler-Raphael, delivered a presentation on June 6 at the Health Law Professors Conference, hosted by the American Society of Law, Medicine & Ethics at Temple University Beasley School of Law in Philadelphia.

In her talk, titled “Evidence of Traumatic Brain Injury in Intimate Partner Violence Survivors-Offenders’ Criminal Trials,” Buchhandler-Raphael examined the consideration of traumatic brain injuries, or TBIs, in the sentencing of intimate partner violence survivors who find who find themselves as offenders in criminal trials.

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Buchhandler-Raphael’s research addresses the intersection of criminal law and family law with a specific focus on gender-based violence, including sexual violence and intimate partner violence. Her research aims to show how the legal system treats domestic abuse survivors who navigate the complex roles of both victims and perpetrators.

One of the key points of her presentation highlighted the growing body of evidence suggesting that many domestic violence survivors suffer from mild, repeated traumatic brain injuries. These injuries often result in symptoms such as memory loss, which can impact a survivor's credibility when testifying in court. Buchhandler-Raphael’s work aims to educate key decision-makers—prosecutors, judges, and juries—about the profound effects TBIs can have on survivors’ testimonies, advocating for these injuries to be considered as a mitigating factor during sentencing.

In addition to her work on traumatic brain injuries, Buchhandler-Raphael is also examining the role of police in responding to some domestic violence incidents. In her article titled “Beyond Police in Domestic Violence,” she advocates for reducing reliance on police and suggests the implementation of non-police responders who are trained in providing trauma-informed services. These civilian responders can offer more appropriate and supportive emergency services to domestic abuse survivors, potentially transforming the current response system.

For more details on Professor Michal Buchhandler-Raphael's presentation, please visit her speaker profile.

Buchhandler-Raphael teaches various courses at Widener Law Commonwealth including criminal law, family law, criminal procedure and evidence.