'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia

Article


Braun, Kerstin. 2017. "'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia." Violence Against Women: an international and interdisciplinary journal. 23 (10), pp. 1177-1204. https://doi.org/10.1177/1077801216656832
Article Title

'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia

ERA Journal ID11226
Article CategoryArticle
Authors
AuthorBraun, Kerstin
Journal TitleViolence Against Women: an international and interdisciplinary journal
Journal Citation23 (10), pp. 1177-1204
Number of Pages28
Year2017
Place of PublicationUnited States
ISSN1077-8012
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.

KeywordsGermany, Australia, domestic violence, homicide of sleeping abusers, criminal procedure
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
480302. Comparative law
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Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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