"Till Death Us Do Part": Homicide Defenses for Women in Abusive Relationships—Similar Problems—Different Responses in Germany and Australia. (September 2017)

• Record Type: Journal Article
• Authors: Braun, Kerstin
• Is Part Of: Violence against women. Volume 23:Number 10(2017)
• Page Start: 1177
• Page End: 1204
• Publication Date: 2017-09
• Subjects: Germany -- Australia -- domestic violence -- homicide of sleeping abusers -- criminal procedure; Abused women -- Periodicals; Women -- Crimes against -- Periodicals; Violent crimes -- Periodicals; Femmes victimes de violence -- Périodiques; Femmes, Crimes contre les -- Périodiques; Crimes violents -- Périodiques; 362.8292
• DOI: 10.1177/1077801216656832
• Languages: English
• ISSNs: 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.