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

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, 23 (10). pp. 1177-1204. ISSN 1077-8012

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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version cannot be displayed due to copyright restrictions.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 02 Mar 2017 06:24
Last Modified: 19 Dec 2017 23:36
Uncontrolled Keywords: Germany, Australia, domestic violence, homicide of sleeping abusers, criminal procedure
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
Identification Number or DOI: 10.1177/1077801216656832
URI: http://eprints.usq.edu.au/id/eprint/30756

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