Identifying Evidentiary Checkpoints and Strategies to Support Successful Acquittals for Women who Kill an Abusive Partner During a Violent Confrontation

Loading...
Thumbnail Image
File version

Version of Record (VoR)

Author(s)
Dioso-Villa, Rachel
Nash, Caitlin
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
2024
Size
File type(s)
Location
Abstract

This study examined 32 Australian cases of women prosecuted for killing their abusive male partners in self-defence between 2010 and 2023. The objective was to track the legal pathways and identify salient factors influencing both acquittals and convictions. While most women received a manslaughter conviction by pleading guilty, nearly all cases that proceeded to trial resulted in no conviction. Key findings include: the utility of partial defences as a safety net for self-defence; evidence of overcharging; the identification of “evidentiary checkpoints” at trial to downgrade or withdraw murder charges; a checklist for legal counsel advising clients on the risks of trial; the advantage of private legal counsel in successful self-defence claims; and the systemic disadvantage of Indigenous women, highlighting the need for continued research. These findings underscore the intricate dynamics within the legal system when addressing cases of intimate partner violence, emphasising the need for comprehensive reforms and support structures.

Journal Title

International Journal for Crime, Justice and Social Democracy

Conference Title
Book Title
Edition
Volume
Issue
Thesis Type
Degree Program
School
Publisher link
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement

© The Author/s 2024. Except where otherwise noted, content in this journal is licensed under a Creative Commons Attribution 4.0 International Licence. As an open access journal, articles are free to use with proper attribution.

Item Access Status
Note

This publication has been entered in Griffith Research Online as an advance online version.

Access the data
Related item(s)
Subject

Criminology

Sociology

Law in context

Persistent link to this record
Citation

Dioso-Villa, R; Nash, C, Identifying Evidentiary Checkpoints and Strategies to Support Successful Acquittals for Women who Kill an Abusive Partner During a Violent Confrontation, International Journal for Crime, Justice and Social Democracy, 2024

Collections