Victoria University of Wellington Law Review 24(4) December 1997 : 673-696

This article addresses the context of abuse in which women offend, particularly in cases where women kill their abusive partners. Legal defences that apply to male offending pertain to women also, and the author examines whether provocation, self-defence, automatism or insanity are adequate defences for women who offend as a result of violence. The article suggests that men and women have differing motivations for criminal offending, so the justice system must take account of gender, and consider the pervasive physical and psychological effects of abuse. Legal cases are used as examples to illustrate the application of different types of defence, and to highlight the lack of understanding in the court system of the dynamics of abuse in instances of homicide.