'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia
Article
Article Title | 'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia |
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ERA Journal ID | 11226 |
Article Category | Article |
Authors | |
Author | Braun, Kerstin |
Journal Title | Violence Against Women: an international and interdisciplinary journal |
Journal Citation | 23 (10), pp. 1177-1204 |
Number of Pages | 28 |
Year | 2017 |
Place of Publication | United States |
ISSN | 1077-8012 |
1552-8448 | |
Digital Object Identifier (DOI) | https://doi.org/10.1177/1077801216656832 |
Web Address (URL) | http://journals.sagepub.com/doi/pdf/10.1177/1077801216656832 |
Abstract | Cases in which women have killed their sleeping or otherwise inattentive abusive partners to “escape” domestic violence have arisen in both Germany and Australia. In this context, the availability of defenses including provocation and self-defense for abused defendants is controversially debated due to their traditional application and interpretation. It appears that these cases have driven law reform and changed judicial interpretation of defenses to some degree in Australia, whereas the situation in Germany remains stagnant. This article argues that while the situation in Australia is not without criticism, the recent legislative developments aimed at affording abused defendants greater access to defenses could serve as food for legal thought in the German debate. |
Keywords | Germany, Australia, domestic violence, homicide of sleeping abusers, criminal procedure |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
480302. Comparative law | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q3xq9/-till-death-us-do-part-homicide-defences-for-women-in-abusive-relationships-similar-problems-different-responses-in-germany-and-australia
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