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Sentencing Aboriginal women who have killed their partners: do we really hear them?

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

Drawing on 12 legal cases where Aboriginal women had killed their abusive male partners, this chapter reflects on whether the practice of law really hears women’s narratives of domestic violence. It explores the available defenses to homicide in New South Wales, Australia, and reviews how the practices of law and legal personnel hear or fail to hear women’s narratives of abuse. This chapter also explores the outcomes for Aboriginal women when the law fails to hear their experiences of abuse. This chapter concludes that while the legal system has developed the capacity to understand and explain the nuance of the circumstances reflected in the cases and introduced and developed a range of legal defenses that can potentially mitigate sentences for women who kill violent men, available evidence suggests that for some they can be ineffectual in practice.

Original languageEnglish
Title of host publicationThe Criminalization of Violence Against Women
Subtitle of host publicationComparative Perspectives
EditorsHeather Douglas, Kate Fitz-Gibbon, Leigh Goodmark, Sandra Walklate
Place of PublicationNew York NY USA
PublisherOxford University Press
Chapter6
Pages115-131
Number of pages17
Edition1st
ISBN (Electronic)9780197651872
ISBN (Print)9780197651841
DOIs
Publication statusPublished - 2024

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 5 - Gender Equality
    SDG 5 Gender Equality
  2. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Aboriginal women
  • coercive control
  • defenses
  • homicide
  • social entrapment

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