'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

Authors
Article Title	'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia
ERA Journal ID	11226
Article Category	Article
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

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