Violence against women
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Abstract
Despite the fact that women are much more likely to be killed then to kill, women charged with the murder of their violent male partners are further victimized by a legal system that has been constructed, interpreted and implemented to fit men's experience and homicidal responses. Current legislation frequently reduces men's murder charges to manslaughter convictions on their pretext of women's alleged infidelity. The law is inherently gendered. By looking at the legal defenses to murder we see how they represent a male understanding of the crime and men's experiences of killing. As a defense Sunita can plead provocation. This is governed by the Homicide Act (1957, s.3, stating that the provocation must be so that Sunita must have been so provoked as to lose self-control and that the provocation must have been sufficient enough to make a reasonable person, in the same situation, do as she did[1]. To plead this defense, Sunita must prove that she had been so angry that she "lost all self-control", and was therefore unable to restrain herself[2].
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