Identifying Evidentiary Checkpoints and Strategies to Support Successful Acquittals for Women who Kill an Abusive Partner During a Violent Confrontation
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Griffith University
Australia -
Griffith University Australia
Abstract
This study examined 32 Australian cases of women prosecuted for killing their abusive male partners in self-defence between 2010 and 2023. The objective was to track the legal pathways and identify salient factors influencing both acquittals and convictions. While most women received a manslaughter conviction by pleading guilty, nearly all cases that proceeded to trial resulted in no conviction. Key findings include: the utility of partial defences as a safety net for self-defence; evidence of overcharging; the identification of “evidentiary checkpoints” at trial to downgrade or withdraw murder charges; a checklist for legal counsel advising clients on the risks of trial; the advantage of private legal counsel in successful self-defence claims; and the systemic disadvantage of Indigenous women, highlighting the need for continued research. These findings underscore the intricate dynamics within the legal system when addressing cases of intimate partner violence, emphasising the need for comprehensive reforms and support structures.
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Author Biographies
Dr Rachel Dioso-Villa is a Senior Lecturer in the School of Criminology and Criminal Justice at Griffith University and the Griffith Criminology Institute. With over a decade of experience, she specialises in the study of miscarriages of justice. Most notably, she published the first repository of wrongful convictions in Australia. Her research focuses on understanding the trajectories to wrongful conviction and pathways to exoneration. She serves on the editorial boards of Current Issues in Criminal Justice and the Wrongful Convictions Law Review and contributes to the Griffith University Innocence Project and the Evidence-Based Forensic Initiative at the University of New South Wales.
Dr Caitlin Nash is a postdoctoral researcher specialising in wrongful convictions, miscarriages of justice, and legal responses to domestic abuse. She was awarded her PhD from Griffith University in 2023, with her doctoral dissertation providing the first empirical research to examine false guilty pleas in Australia. Her research interrogates the aims and limitations of the criminal justice system, highlighting systemic weaknesses that can increase the likelihood of unjust and inequitable outcomes.