---
title: Can PMS be used as a legal defense in criminal cases? | Niyora
description: PMS has been successfully used as a defense in Great Britain but not yet tested in American courts. To use it as a defense, you must prove you had PMS at the
url: https://niyora.com/research/papers/premenstrual-syndrome-as-a-criminal-defense-1990/
---

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- Can PMS be used as a legal defense in criminal cases?

Review, 1990

# Can PMS be used as a legal defense in criminal cases?

PMS has been successfully used as a defense in Great Britain but not yet tested in American courts. To use it as a defense, you must prove you had PMS at the time and that it caused your actions to be involuntary or prevented the mental state needed for the crime.

 Early or limited evidence

Legal review examining PMS cases

## What they did

Review of how PMS has been presented in criminal law and discussion of legal requirements for using it as a defense.

## What they found

PMS has been successfully pleaded as a criminal defense in Great Britain but has not been tested in American criminal courts. A PMS defense requires showing that the defendant was suffering from PMS when the crime was committed and that because of the condition, either the act was involuntary or the defendant did not possess the required mental state for the crime. Recent behavioral, psychological, and physiological studies provide better characterization of PMS and diagnostic criteria.

## What it means for you

PMS may be usable as a legal defense in American courts, but both the diagnosis and causal link to the crime must be proven. The main limit is this is legal analysis, not medical evidence.

## About the study

Original title Premenstrual syndrome as a criminal defense Authors Lewis JW Journal Archives of sexual behavior Year 1990 Study design Review What was tested None (legal review) Read the paper [doi.org/10.1007/bf02442346](https://doi.org/10.1007/bf02442346)

## Topics

[Premenstrual syndrome (PMS)](https://niyora.com/research/topics/condition-pms/)[Legal and forensic](https://niyora.com/research/topics/life-area-legal-crime/)

Research tells you what helps on average. Niyora helps on the day it hits.

Calm down, see it another way, and decide what to say, with a PMS and PMDD app built by a doctor.

## Related studies

Cohort study, 2014

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Is PMS worse in girls living through violence and insecurity?

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