‘Provoking Her Own Demise’: From Common Assault to Homicide

Abstract

The processing of domestic violence, from homicide to common assault, within the civil and criminal justice process, reflects the reluctance of a largely male magistracy and judiciary to protect women. Women’s experience of the so-called remedies to violence within this context falls very short of expectations. Indeed, women are frequently perceived as ‘provoking their own demise’ and assaults against their person are very much seen as ‘victim precipitated’. These and other ideologies very much influence and colour the legal process, resulting in great injustice to women victims.