Abstract
| Original language | English |
|---|---|
| Pages (from-to) | 177 - 193 |
| Number of pages | 17 |
| Journal | The Australian Feminist Law Journal |
| Volume | 41 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - 2015 |
Cite this
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Punishing gendered violence as hate crime: Aggravated sentences as a means of recognising hate as motivation for violent crimes against women. / Maher, Jane Maree; McCulloch, Judith; Mason, Gail.
In: The Australian Feminist Law Journal, Vol. 41, No. 1, 2015, p. 177 - 193.Research output: Contribution to journal › Article › Research › peer-review
TY - JOUR
T1 - Punishing gendered violence as hate crime: Aggravated sentences as a means of recognising hate as motivation for violent crimes against women
AU - Maher, Jane Maree
AU - McCulloch, Judith
AU - Mason, Gail
PY - 2015
Y1 - 2015
N2 - This article considers the use of aggravated sentencing provisions available under hate crime models to enhance punishment in selected cases of extreme violence against women. Grounded in an analysis of cases studies from Australia and New Zealand, this article adds to the literature on gender, hate crime and punishment by exploring the value of aggravated sentencing in key cases that mobilise public debate and disquiet about violence against women. Whilst acknowledging the risks of mobilising hate crime discourses to denounce and punish violence against women, this paper contends that the selective use of aggravating sentencing provisions in some cases offers a valuable opportunity to contest gendered violence. Although cases of extreme violence by strangers against women are rare, the visibility of and community concern over such crimes does offer a platform to build community knowledge and understanding about all forms of violence against women. Aggravated sentencing for hate crimes therefore, although potentially applicable in a small number of cases, can have a wider beneficial effect.
AB - This article considers the use of aggravated sentencing provisions available under hate crime models to enhance punishment in selected cases of extreme violence against women. Grounded in an analysis of cases studies from Australia and New Zealand, this article adds to the literature on gender, hate crime and punishment by exploring the value of aggravated sentencing in key cases that mobilise public debate and disquiet about violence against women. Whilst acknowledging the risks of mobilising hate crime discourses to denounce and punish violence against women, this paper contends that the selective use of aggravating sentencing provisions in some cases offers a valuable opportunity to contest gendered violence. Although cases of extreme violence by strangers against women are rare, the visibility of and community concern over such crimes does offer a platform to build community knowledge and understanding about all forms of violence against women. Aggravated sentencing for hate crimes therefore, although potentially applicable in a small number of cases, can have a wider beneficial effect.
U2 - 10.1080/13200968.2015.1040148
DO - 10.1080/13200968.2015.1040148
M3 - Article
VL - 41
SP - 177
EP - 193
JO - The Australian Feminist Law Journal
JF - The Australian Feminist Law Journal
SN - 1320-0968
IS - 1
ER -