000 | 02147nab a22002897a 4500 | ||
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999 |
_c7454 _d7454 |
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005 | 20250625151604.0 | ||
008 | 220124s2021 ||||| |||| 00| 0 eng d | ||
040 | _aAFVC | ||
100 |
_aDouglas, Heather _94154 |
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245 |
_aProving non-fatal strangulation in family violence cases : _ba case study on the criminalisation of family violence _cHeather Douglas and Robin Fitzgerald |
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260 |
_bSage, _c2021 |
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500 | _aInternational Journal of Evidence & Proof, 2021, 25(4): 350-370 | ||
520 | _aNon-fatal strangulation is recognised as a common form of coercive control in violent relationships. Overwhelmingly it is perpetrated by men against women. It is dangerous both because of the immediate and serious injuries it can cause, and the risk of future violence associated with it. A discrete offence of non-fatal strangulation has been introduced in many countries. Queensland, Australia introduced a discrete non-fatal strangulation offence in 2016. While the offence is charged often, around half the non-fatal strangulation charges laid by police do not proceed. We spoke to prosecution and defence lawyers to better understand the evidential obstacles to successful prosecution. We found that the prosecution of the offence faces challenges common to family violence offences more broadly, despite it being a discrete physical act. Specifically, we found that the willingness of the victim to testify and the perception of the victim's credibility were key to successful prosecution. (Authors' abstract). Record #7454 | ||
650 |
_aCOERCIVE CONTROL _95771 |
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650 |
_aCRIMINAL JUSTICE _9167 |
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650 |
_aDOMESTIC VIOLENCE _9203 |
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650 |
_aFAMILY VIOLENCE _9252 |
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650 |
_aINTIMATE PARTNER VIOLENCE _9431 |
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650 |
_aSTRANGULATION _94941 |
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651 |
_aINTERNATIONAL _93624 |
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651 | 4 |
_aAUSTRALIA _92597 |
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700 |
_aFitzgerald, Robin _94155 |
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773 | 0 | _tInternational Journal of Evidence & Proof, 2021, 25(4): 350-370 | |
830 |
_aInternational Journal of Evidence & Proof _910604 |
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856 |
_uhttps://doi.org/10.1177/13657127211036175 _zDOI: https://doi.org/10.1177/13657127211036175 |
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942 |
_2ddc _cARTICLE |