Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 23F (2026)

Admissibility of past physical, sexual or psychological abuse of defendant

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 23F. In the trial of criminal cases charging the use of force against another where the issue of defense of self or another, defense of duress or coercion, or accidental harm is asserted, a defendant shall be permitted to introduce either or both of the following in establishing the reasonableness of the defendant's apprehension that death or serious bodily injury was imminent, the reasonableness of the defendant's belief that he had availed himself of all available means to avoid physical combat or the reasonableness of a defendant's perception of the amount of force necessary to deal with the perceived threat:

(a) evidence that the defendant is or has been the victim of acts of physical, sexual or psychological harm or abuse;

(b) evidence by expert testimony regarding the common pattern in abusive relationships; the nature and effects of physical, sexual or psychological abuse and typical responses thereto, including how those effects relate to the perception of the imminent nature of the threat of death or serious bodily harm; the relevant facts and circumstances which form the basis for such opinion; and evidence whether the defendant displayed characteristics common to victims of abuse.

Nothing in this section shall be interpreted to preclude the introduction of evidence or expert testimony as described in clause (a) or (b) in any civil or criminal action where such evidence or expert testimony is otherwise now admissible.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1999–2025 · leading case: Commonwealth v. Asenjo, 477 Mass. 599 (Mass. 2017).

Sort: Relevance Newest Treatment

Commonwealth v. Asenjo, 477 Mass. 599 (Mass. 2017). · cites it 8× “Last, we conclude that a defendant asserting duress under G. L. c. 233, § 23F, based on battered woman syndrome, is not required to present affirmative evidence of abuse as a predicate to the defense.”

Commonwealth v. Anestal, 978 N.E.2d 37 (Mass. 2012). · cites it 3× “30 The propriety of such an instruction turns on the application of G. L. c. 233, § 23F (§ 23F). 31 As relevant here, § 23F not *676 only allows the introduction of evidence of a defendant’s past instances of abuse, including, but not limited to, those involving the victim, but…”

Commonwealth v. J.G., 182 N.E.3d 1020 (Mass. App. Ct. 2022). · cites it 2× “, they may introduce expert testimony regarding how abusive relationships influence "the perception of the imminent nature of the threat of death or serious bodily harm.”

Commonwealth v. Pike, 726 N.E.2d 940 (Mass. 2000). “” G. L. c. 233, § 23F, as ap *222 pearing in St.”

Commonwealth v. Gordon, 87 Mass. App. Ct. 322 (Mass. App. Ct. 2015). “” G. L. c. 233, § 23F, inserted by St. 1996, c.”

Commonwealth v. Haddock, 704 N.E.2d 537 (Mass. App. Ct. 1999). “With respect to the issue of self-defense, the defendant arguably relied at trial on evidence of so-called “battered women’s syndrome,” as that term is used in connection with G. L. c. 233, § 23F. Despite suggestions to the contrary in the defendant’s appellate brief, the fact…”

Commonwealth v. Fappiano, 871 N.E.2d 1090 (Mass. App. Ct. 2007). “See *734 G. L. c. 233, § 23F, inserted by St. 1996, c.”

Commonwealth v. Conaghan, 720 N.E.2d 48 (Mass. App. Ct. 1999). · cites it 2× “We note that G. L. c. 233, § 23F, regarding the admissibility of past physical, sexual or psychological abuse of a defendant, is not applicable in this case.”

Commonwealth v. Padraic P., 102 N.E.3d 1031 (Mass. App. Ct. 2018). “123, § 36B(1) ; G. L. c. 233, § 23F ; G. L. c. 265, § 22( a ) ; G.”

Commonwealth v. Stephanie A. Fernandes. (Mass. App. Ct. 2025). “233, § 23F ("expert testimony concerning [battered women's syndrome] .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.