The Centre for Women’s Justice (CWJ) welcomes the Lord Chancellor’s announcement to adopt most of the recommendations in Clare Wade KC’s review of Domestic Homicide Sentencing. The focus of his announcement is that such reforms should be aimed at better protecting vulnerable women.
Harriet Wistrich, Director of CWJ said:
“We welcome the Government’s acknowledgment that coercive and controlling behaviour needs to be recognised in domestic homicide cases, both as an aggravating factor when abusers kill and a mitigating factor for abused victims who kill their perpetrator.
“It is an important step forward that the Law Commission is being asked to review the use of defences in domestic homicide cases which are failing women. This review should include consideration of the use of self-defence in all cases where victims of domestic abuse use force against their abuser, not only domestic homicide cases, and the Commission should also be asked to consider the availability of effective defences for victims who are coerced by their abuser into offending.
“It is crucial that the Government’s response to the review more broadly takes a gendered approach to avoid unintended consequences for victims who kill their abuser who invariably use a weapon. In contrast, however, strangulation should be considered an aggravating feature of domestic homicide alongside overkill.”
On 10 July, CWJ launched a new briefing at an expert roundtable, summarising reforms undertaken in Canada, New Zealand and Australia to make self-defence more accessible to victims of domestic abuse who use force against their abuser. The purpose of the briefing is to inform government and parliamentarians in England and Wales about the reforms undertaken in this area in comparable jurisdictions, and to stimulate action to improve law and practice here by making self-defence accessible for victims of domestic abuse who defend themselves against their abuser.
“The review should take account of the wider social context in which women use force to defend themselves against their abuser, including realistic options for keeping themselves safe, and the additional barriers to justice that can arise for Black, Asian, minoritised and migrant women.”
ENDS