Gender, criminal law and violence against women

2021 ◽  
pp. 44-56
Author(s):  
Kate Fitz-Gibbon
Keyword(s):  
Violence Against Women ◽  
Criminal Law

scholarly journals The reaction to femicide in criminal law

Temida ◽  
2016 ◽  
Vol 19 (3-4) ◽  
pp. 431-451
Author(s):  
Ana Batricevic
Keyword(s):  
Violence Against Women ◽  
Criminal Law ◽  
Special Form ◽  
Comparative Law ◽  
The State ◽  
Criminal Offence ◽  
Global Problem ◽  
Efficient Suppression

Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state? s reaction to it and to its more efficient suppression.

scholarly journals Some aspects of the study of international standards in the field of combating domestic violence and its impact on the criminal law policy of Ukraine

2021 ◽  
pp. 140-152
Author(s):  
Viktoriia Shpiliarevych
Keyword(s):  
Domestic Violence ◽  
Civil Rights ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
International Standards ◽  
International Criminal Law ◽  
Social Phenomenon ◽  
Gender Based Violence ◽  
Council Of Europe

The article states that domestic violence, existing in all spheres of public life, as a result leads into the destruction of family values, violation of human and civil rights and freedoms, makes an irreparable impact on mental and physical health of victims. Therefore, since ancient times it has been a problem of human existence, and, unfortunately, it is to remain relevant nowadays. In modern social developments, counteraction of domestic violence is one of the priorities not only of internal policy of any state, but also an issue of international criminal law policy. In particular, the study of about its extension in different countries proves the international nature of this negative social phenomenon. The fact that counteraction of domestic violence has become a part of Ukraine's domestic policy to create a society free of gender-based violence, was finally affirmed on November 7, 2011, when the Ukrainian state joined the Convention on Preventing and Combating Violence against Women and Domestic Violence adopted by the Council of Europe of May 11, 2011. The most important event in the history of criminal law policy in the field of domestic violence was the adoption on December 6, 2017, of the bills «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the Council of Europe' Convention on Preventing and Combating Violence against Women and Domestic Violence». As a result, on January 11, 2019, the General and Special parts of the Criminal Code of Ukraine were supplemented with a number of norms related to the scope of counteraction of this negative social phenomenon.

scholarly journals Between Sexual Violence and Autonomy: Rethinking the Engagement of the Indian Women’s Movement with Criminal Law

2021 ◽  
Vol 22 (5) ◽  
pp. 860-877
Author(s):  
Kalika Mehta ◽  
Avantika Tiwari
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Women's Movement ◽  
Unintended Consequences ◽  
The State ◽  
Women's Movements ◽  
New Delhi ◽  
The Social ◽  
Gang Rape

AbstractThe aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women’s movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in criminal law provisions. The state responded to the social mobilization in the form of criminal law amendments, while blindsiding key recommendations from feminist groups. This Article revisits pertinent Law Commission reports, subsequent criminal law reforms, and case law on sexual violence against women to analyze how the negotiations between the women’s movement and the State on the seemingly irreconcilable demands of sexual autonomy and punishment for sexual violence. We take account of the intended and unintended consequences of this reliance on criminal law as one of the primary tools in the arsenal of Indian women’s movements. We argue that engagement on the plane of criminal law to address sexual violence against women is a case of limited imagination at best and counter-productive at its worst. This approach of the movement and feminist groups is to react to the “crime” of sexual violence after the fact, leading to distraction from much warranted structural responses. We argue that this approach makes it harder to conceptualize and implement more forward-looking relational models of responsibility that are necessary to address the structural injustice of systemic sexual violence against women.

scholarly journals Consent in criminal offences against sexual freedom and sexual inviolability of a person

2021 ◽  
pp. 15-17
Author(s):  
Tetiana ZAVHORODNIA
Keyword(s):  
Sexual Violence ◽  
Sexual Intercourse ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Voluntary Consent

Introduction. Combating sexual violence still remains one of the most important issues arisen in criminal law study. It should be noted that Istanbul Convention on preventing and combating violence against women and domestic violence is still not ratified by Ukraine, which shall facilitate quality of criminal law concerning criminal offences against sexual freedom and sexual inviolability of a person. The purpose of the paper is to define meaning and content of consent in criminal offenses against sexual freedom and sexual inviolability of a person provided for in Section IV of the Criminal Code of Ukraine. Results. The paper establishes that lack of consent is a constructive sign of rape (article 152 of the Criminal Code), sexual violence (article 153 of the Criminal Code) and coercion to have sexual intercourse (article 154 of the Criminal Code). The ways of solving arisen problems during the qualification of situations in which a person mistakenly believes that consent was given, as well as when consent was not given explicitly, have been determined. It is recommended to clarify the content of "voluntary consent" by indicating in the note to Article 152 of the Criminal Code, actions which shall not indicate voluntariness of consent. The paper notes that using the collocation "without voluntary consent" is superfluous in Articles 153 and 154 of the Criminal Code, since "coercion" and "violence" also indicate absence of voluntary consent. It has been established that consent is a distinguishing feature of a criminal offense provided for in Article 155 of the Criminal Code from Articles 152 and 153 of the Criminal Code, thus sexual intercourse with a person from 14 to 16 years with her consent indicates the commission of a criminal offense under Art. 155 of the Criminal Code. It is proposed to supplement Article 155 of the Criminal Code with the clause “in the absence of signs of criminal offenses under Art. 152 and art. 153 of the Criminal Code”. Conclusion. The paper provides that consent shall be both constructive and distinguishing feature of criminal offences against sexual freedom and sexual inviolability. Several problems of consent in such crimes are defined as well as ways of their solution.

scholarly journals Sexual Violence in The Framework of Criminal Law (Comparative Study Of Laws Against Rape)

2018 ◽  
Vol 1 (1) ◽  
pp. 39-52
Author(s):  
Andria Luhur Prakoso ◽  
Kuswardani
Keyword(s):  
The Netherlands ◽  
Women Victims ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Comparative Approach ◽  
Legal Research ◽  
Foreign Countries ◽  
The Difference ◽  
Penal Sanctions

Crime or violence directed against women is distinct from crime in general. The characteristics of the crime include women victims, their acts against women's rights, and causing harm in the form of physical, psychological, and/or sexual. A year after Indonesia’s independence, this crime against women was regulated along with other crimes in the Criminal Code (Penal Code) through Act No. 1946. 1 on the Rule of Criminal Law, but not by using a special title with a woman's name. Accordingly, the Criminal Code, which according to history is a Dutch colonial heritage, needs to be reformed to become a better Criminal Code. This paper tries to explain the regulation of violence against women in the form of criminal acts of rape in various countries namely Malaysia, India and the Netherlands. This study is normative legal research with a comparative approach. The author will compare the substance of criminal law in the three Criminal Codes. In doing the comparison, the author focuses on the object of criminal law review, especially on the side of the act and penal sanctions. Based on the study descriptions of several foreign Criminal Codes (Malaysia, India, and the Netherlands), there are several different things in the rape arrangements in the Criminal Codes. The difference is that in Malaysia and India, the Criminal Code does not distinguish between rape (rape) and Cabul (lewd). Only the arrangement is formulated with intercourse with consent. The types of rape in India and Malaysia are more varied than the Dutch, both in terms of the act, the aspect of the perpetrator and the victim aspect. Nevertheless, the Indonesian Criminal Code is simpler than the Dutch Criminal Code. Malaysian Criminal Code has the most serious penal sanction compared to the other foreign countries (India and the Netherland) and Indonesia. The study of these three different laws in these three countries can open our eyes  to reformulate the rape which is more extensively formulated from the aspects of the actions and aspects of the victims with reference from the foreign Criminal Code, and this simple study can be an input of legal material to be processed in accordance with the Nation's values Indonesia.

scholarly journals Violence Against Women: The Treatment In The Spanish Criminal Law

2011 ◽  
Vol 15 (5) ◽  
pp. 95-100
Author(s):  
Silvia Valmana Ochaita
Keyword(s):  
Violence Against Women ◽  
Criminal Law ◽  
Gender Violence ◽  
Social Conscience ◽  
Legal Reforms ◽  
Judicial Decisions ◽  
The Social

In the last years we have been witnesses of how the legal reforms about gender violence have been followed one another in Spain, and how they were fruitful in the social conscience. Nevertheless, the legal effectiveness of the reforms is still questioned, the judicial decisions often are contradictory, and the violence level is greater than ever or, at least, more visible. This work tries an approach to the study of this matter throw the legislative evolution, analyzing the lights and shadows of the Spanish Criminal System.

scholarly journals TINDAK PIDANA KEKERASAN TERHADAP PEREMPUAN (Studi Etiologi Kriminal di Wilayah Hukum Polres Banyumas)

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Ruby Hadiarti Johny
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Secondary Data ◽  
Cultural Factors ◽  
Family Factors ◽  
Economic Factors ◽  
Criminal Violence ◽  
Litigation Process ◽  
Keywords Domestic Violence

The violence against women is increasing in number. This article discusses the factors underlying the occurrence and other form of violence against women that occurred in the Police Banyumas region. Sociological juridical approach used in this research. Specification of research is descriptive. The data used are primary and secondary data. The dominant factors that cause criminal violence to women are dominated by economic factors about 70%, cultural factors about 15%, affair factors about 10 %, and lack of communication between family factors about 5 %. The types of criminal violence to women based on data from LSM Lentera Perempuan WCC Banyumas, Victims, and Poice Banyumas region most of the type criminal violence to women is domestic violence, as physic, psychological, sexual violence, and negligence of household. The problem solving is with the litigation process or non litigation process. The litigation process with criminal law process and the non litigation process with mediation. Keywords: Domestic violence, form of violence, cause of violence

Femicide and Criminal Law

2016 ◽  
Vol 8 (13) ◽  
pp. 66-89
Author(s):  
Farid Samir Benavides Vanegas
Keyword(s):  
Sexual Assault ◽  
Violence Against Women ◽  
Criminal Law ◽  
Gender Based Violence ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Gender Based ◽  
First Time ◽  
Present Text ◽  
Relevant Factors

The crime of homicide is said to have an aggravating cir- cumstance when it is committed due to the “fact of be- ing a woman.” In Colombia, only until the 4th of March 2015, The Supreme Court of Justice, for the first time, addressed a case in which a penalty with an aggravating circumstance of this nature was imposed, establishing the relevant factors to constitute this type of crime. The present text analyses the crime of femicide within a wider context of violence against women just as the concepts of gender-based violence, violence against women and fi- nally, sexual assault and femicide; these concepts are ana- lyzed with the purpose of showing the different factors involved in this phenomenon. El delito de homicidio tiene una agravante que se configu- ra cuando el delito se comete por “el hecho de ser mujer”. En Colombia, solo hasta el 4 de marzo de 2015 la Corte Suprema de Justicia se ocupó por primera vez de un caso en el cual se daba aplicación a la agravante, y determinó los elementos que son importantes para su configuración. En este texto analizo el concepto de feminicidio dentro de un contexto más amplio de violencia contra la mujer, al igual que los conceptos de violencia de género, violencia contra la mujer y, finalmente, violencia sexual y feminici- dio, todo ello con el propósito de mostrar los diferentes elementos que están alrededor de este fenómeno. 

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