‘Out of Character?’ New research on intimate partner homicides in Victoria by Deakin researcher Dr Danielle Tyson, Domestic Violence Recourse Centre Victoria and Monash University
The Royal Commission into Family Violence was prompted by increasing community concern about domestic homicides, along with broader awareness about the need to improve responses to family violence in Victoria. In response, the Victorian Government is introducing a range of changes to prevent family violence and further deaths. However, a recent study of domestic homicide prosecutions by Deakin University’s Dr Danielle Tyson, Monash University’s Associate Professor Bronwyn Naylor and Dr Debbie Kirkwood and Ms Mandy McKenzie from the Domestic Violence Resource Centre Victoria (DVRCV) shows that the legal system’s response to these deaths requires improvement. Domestic homicides are often the extreme end of a continuum of family violence, however when a woman is killed by her partner, the history of the relationship is often not fully or adequately recognised in court.
Family violence experts now know that non-physical forms of violence such as controlling behaviour, obsessive jealousy and threats to kill or suicide are key warning signs for a high risk of serious injury or death. The need for a wider range of professionals who come into contact with victims and perpetrators of family violence to understand these key risk factors was one the recommendations of the Royal Commission into Family Violence. However, in the prosecution and sentencing process, these factors are not always seen to be relevant to the explanations for the homicide. The study found that a history of family violence was more likely to be recognised when there was prior physical violence resulting in criminal convictions, while other forms of family violence were often not recognised. As a result, the incident causing death is often seen to be an isolated event that occurred in the context of the stress of separation and/or the mental illness of the offender.
The study shows:
- In Victoria in the last decade men continue to be the majority (80%) of perpetrators of intimate partner homicides.
- The majority of these intimate partner homicides are preceded by a history of family violence and/or separation. In many cases women were subjected to controlling behaviour, abuse and threats during the relationship, and were killed when they tried to end the relationship.
- Although women continue to be killed in the context of family violence and separation, this history is not well recognised in the legal process.
- There were significant reforms to homicide laws in Victoria in 2005 which sought to address legal excuses for men who kill female partners. These led to some improvements such as the abolition of the provocation defence and the introduction of family violence evidence provisions. However, our study shows that in the legal process, explanations for the homicides continue to focus on how the woman leaving the relationship affected the man’s mental state. While the word provocation is rarely explicitly used, men still claim they killed their partner due to their distress about separation which is seen to have triggered or exacerbated their mental health problems.
- In a number of cases, despite a history of controlling or abusive behaviour, the offender was described as being of ‘good character’ and this was accepted as relevant to his sentence. This was particularly the case if he had not been physically violent towards his partner.
- The study found that narratives which blame women for men’s violence and minimise prior family violence continue to be evident in legal responses to homicide. The challenge is how to shift the legal culture which doesn’t adequately recognise the significance of the social context of gendered violence in domestic homicides
- Community perceptions of family violence are influenced by judicial sentencing remarks, which are often cited in the media after domestic homicide trials. There is an opportunity for judicial comments to improve community understandings of the causes of this significant social problem.
The study was funded by the Victorian Legal Services Board Grant Program.
To order a printed copy of the report ‘Out of Character? Legal Responses to Intimate Partner Homicides by Men in Victoria 2005 – 2014’, click here: http://www.dvrcv.org.au/knowledge-centre/our-publications/discussion-papers/out-character
The report will be launched on Thurs 5th May 4:30-6:00pm at the Monash University Law Chambers, 555 Lonsdale Street, Melbourne CBD. It is a free event. To register, click here: http://www.dvrcv.org.au/forum/non-accredited/out-character-legal-responses-intimate-partner-homicides
Read these articles about the research in The Age newspaper:
‘Out of Character?: what the courts don’t get about family violence’ (Miki Perkins, 20 April 2016) http://www.theage.com.au/victoria/a-question-of-character-what-courts-dont-understand-about-family-violence-20160419-go9vel.html
‘Half the men who kill partners have history of domestic violence’ (Beau Donelly, 29 April 2016) http://www.theage.com.au/national/half-the-men-who-kill-partners-have-history-of-domestic-violence-20160429-goikj9.html
‘Domestic violence will flourish because of government funding cuts’ (Jenna Price, 2 May 2016) http://www.theage.com.au/comment/domestic-violence-will-flourish-because-of-government-funding-cuts-20160502-gojsro.html