Unit.B.6.3.
Spousal Homicide
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"Outrage
and public concern over the safety of women rose to catastrophic
proportions in Calgary, Alberta, during the summer of 1995.
Within a 10 day period, three women were victims of homicide
resulting from a relationship fraught with spousal abuse"
(Kent-Wilkinson, 1996, p. 12).
"Public
outcry, in Calgary, a city with a population of just under
a million, spurred much needed action to facilitate change.
Calgary in responding to the violence, analyzed the strengths
and limitations of current preventive options. Regulatory
and non-regulatory measures were employed to the risk management
of spousal abuse. Finally, recommendations made for the
structural changes required, moved the city toward a "zero-tolerance"
framework" (Kent-Wilkinson, 1996, p. 12).
"Criminal
Code of Canada - As a society we have decided that spousal
abuse is wrong and should be dealt with as a criminal offense.
Under the Criminal Code of Canada, spousal abuse is dealt
with under the various sections of assault and the new stalking
laws" (Kent-Wilkinson, 1996, p. 14).
"Charter
of Rights and Freedoms - Spousal abuse is an urgent human
rights issue. It represents a serious abuse of power within
a relationship and strikes at the basic rights of all Canadians
to feel secure and to live in a safe environment" (Government
of Canada, 1991, Kent-Wilkinson, 1996, p. 14).
"Calgary,
may now be ready for a "zero tolerance" policy
framework in the area of spousal abuse. This is defined
as the "zero risk principle" in which no level
of risk is acceptable (Branch, Health Protection, 1993).
Calgary's newly
appointed Chief of Police, declared "Family Violence"
the primary focus in policing, with a framework of zero
tolerance" (Kent-Wilkinson, 1996, p. 15).
"Public
perception is that most women convicted of homicide have
killed their husbands to put an end to years of abuse"
(Lavigne, Hoffman & Dickie, 1997, p. 25).
"The majority
of women offenders convicted of homicide were convicted
of second degree murder or manslaughter" (Lavigne,
Hoffman & Dickie, 1997, p. 25).
"On average
the women are 31 years of age, are unemployed, have achieved
a Grade 9 education or higher and are first time offenders"
(Lavigne, Hoffman & Dickie, 1997, p. 28).
"Battered
woman syndrome defence has arisen as a result of concerns
that the real life experiences of battered women have not
been reflected in the laws of self-defense" (Regehr
& Glancy, 1995, p. 130).
"Traditional
self-defence law is intended to explain the behavior of
an individual who responds to a threat of death, or bodily
harm with lethal force or force that causes bodily harm
(Criminal Code of Canada, 19 The standard example of this
has been the barroom fight and an interpretation of how
the "average man" would behave when threatened
in this situation" (Regehr & Glancy, 1995, p. 130).
"1990 Supreme
Court of Canada decision battered woman defence syndrome
is now accepted as a legitimate extension of self-defence
in Canadian courts. This defense hinges on expert testimony
that the woman suffers psychological symptoms of distress
as a result of the abuse she has suffered, and that this
distress contributes to her apprehension of danger, and
ultimately to her apprehension of death" (Regehr &
Glancy, 1995, p. 135).
"In the
context of this case, it was noted that psychiatric evidence
was relevant and necessary in that it could dispel many
of the myths and stereotypes potentially held be members
of the jury about battered women" (Regehr & Glancy,
1995, p. 131).
"In rare
circumstances woman in highly abusive relationships have
resorted to the murder or aggravated assault of their spouse
as a result of their belief that it was the only way to
save themselves from death. These women often do not meet
the criteria of self-defence under the Criminal Code of
Canada because they do not commit their act of violence
during a battering episode. Rather as a result of their
belief that they would not survive hand to hand combat,
they kill or assault their partner when the other is retreating
or asleep" (Regehr & Glancy, 1995, p. 135).
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Reference
Kent-Wilkinson,
A. (1996). Spousal Abuse/Homicide: A current issue in health
risk management. Journal of Psychosocial Nursing and
Mental Health Services, 34 (10), 12-15.
Lavigne, B.
Hoffman, L. & Dickie, I. (1997). Women who have committed
homicide. Correctional Service Canada, 9 (2), 25-28.
http://www.csc-scc.gc.ca/text/pblct/forum/e092/e092e.shtml
Regehr, C.&
Glancy, G. (1995). Battered woman defense in Canadian courts.
Canadian Journal of Psychiatry, 40 (3), 130-135.
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Unit.B.6.3. Spousal Homicide
