URGENT CALL FOR ENDORSEMENTS
see endorsement form below
Call began 25 August 1998 - concludes 11 September 1999
fax to: c/- Nancy Peck at (03) 9360 4851
e-mail: deerpark@vicnet.net.au
Women Who Kill in Self Defence Campaign Submission
to the Model Criminal Code Officer’s Committee (MCCOC) FATAL
OFFENCES AGAINST THE PERSON
The Women Who Kill in Self Defence Campaign was formed in November 1996 following the sentencing of Heather Osland who was convicted of murdering her violent husband. The Campaign is two tiered with one component called Women Who Kill in Self Defence and one small group of volunteers who focus on Release Heather. Heather’s Appeal to the High Court of Australia was heard on April 23 and 24 - the decision is still pending.
Key points in this submission
- Spousal homicides perpetrated by both men and women are generally preceded by and the result of a history of domestic violence by the man against the woman.
- Self-defence is the most appropriate defence for women who kill to save their lives or the lives of their children in domestic violence.
- Self-defence is not being utilised by women defendants.
- There are problems with the application (gender biased) of self-defence laws in cases of women who kill violent partners.
- Judges should be required to give specific instructions to juries on the application of self-defence laws in cases of women who kill violent men which address the myths and stereotypes about domestic violence and women's experiences of it.
- Evidence of domestic violence must be admitted in trials of women who kill a partner who has subjected them to domestic violence.
- Expert evidence in relation to domestic violence should be permitted by professionals other than psychiatrists, such as domestic violence workers.
- The partial defence of provocation is being used by women who kill in self-defence due to the problems with the application of self-defence laws.
- Provocation should be retained because, in practice, it is the only defence that is currently afforded women who kill, due to difficultes in raising self-defence.
- Removal of provocation would mean that many women who kill violent men would be convicted of murder.
- Provocation should be reformed to ensure that sexual jealousy and separation in relationships does not constitute provocation. Womens right to autonomy and personal freedom should be upheld by the courts.
Full submission can be read at: http://www.ozemail.com.au/~nwjc/mccode.htm and the MCCOC Discussion Paper is on the web at: http://law.gov.au/publications/Model_Criminal_Code/index.htm
ENDORSEMENT Call began 25 August 1998 - concludes 11 September 1998 I, ...........................................................[name and position] of ................................................
[organisation if applicable]
address:........................................Post code...........
email:
endorse the Women Who Kill in Self Defence Campaign submission to the Model Criminal Code Officer’s Committee (MCCOC) - Fatal Officences Against the Person Discussion Paper.
I endorse as *an individual *on behalf of my organisation [strike out to show which is applicable. You may endorse in both capacities]Signed.................................on [date].............................. Please fax your endorsement to fax to: c/- Nancy Peck at (03) 9360 4851 e-mail: deerpark@vicnet.net.au
NATIONAL WOMEN'S JUSTICE COALITION
email: nwjc@nwjc.org.au
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