Identifying evidentiary checkpoints and strategies to support successful acquittals for women who kill an abusive partner during a violent confrontation

Abstract

This study explores the legal outcomes for women in Australia who have killed an abusive partner during a violent confrontation, focusing on factors that contribute to successful self-defence claims or result in criminal convictions. The research examines 32 cases between 2010 and 2023, highlighting the pivotal role of "evidentiary checkpoints" during trials that may lead to the downgrading or withdrawal of murder charges. Key findings reveal that women are often overcharged, with many pleading guilty to manslaughter despite potential self-defence claims. The study underscores the systemic disadvantages faced by Indigenous women and the strategic importance of private legal representation. The research calls for comprehensive legal reforms to better support women who kill in response to domestic abuse, particularly in contexts where their actions are framed as self-defence.