NCJ Number
224415
Date Published
2008
Length
18 pages
Annotation
This chapter discusses issues related to the Victoria Law Reform Commission’s (Australia) proposal to abolish the defense of provocation in a homicide case, (attributing some responsibility for a crime to the victim), with attention to what this means for male violence against women.
Abstract
Because the Victoria Law Reform Commission’s (VLRC) proposal does not remove all avenues for a defense that includes claims of provocation, the recommendations will do little to change the persistent belief that men’s violence against women is provoked by the behavior of the women victims. The belief that “provocative” behavior by women mitigates the culpability of their killers reinforces the cultural message that these men deserve some compassion because of the way they were treated by the female victim. The VLRC’s proposal fails to have the intended effect of preventing a reduction in culpability because of “provocative” actions by the victim. This is because there has been no effort to reform sentencing guidelines that will ensure judicial discretion cannot be allowed to consider victim provocation. Egalitarian sentencing guidelines, such as those formulated by Canadian feminists in order to ensure a nondiscriminatory understanding of provocation, must be developed. 8 notes and 29 references