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Thanks
to the efforts of the now legendary Southall
Black Sisters, Ahluwalia was freed in a
famous case in 1992: Regina V Ahluwalia
which made legal history and brought about
a change in English law, redefining the
word, 'provocation' in the case of battered
women. Her story was turned into a major
film, entitled 'Provoked' starring Bollywood
actress Aishwarya Rai. Hannana Siddiqui,
Joint Co-ordinator of Southall Black Sisters
today said "we welcome any changes
that help to protect vulnerable women who
have suffered domestic violence."
The
consultation paper makes clear that a manslaughter
conviction should be justified for killings
carried out in anger only in exceptional
circumstances - which do not include sexual
infidelity on the part of the victim. Currently,
defendants who successfully plead provocation
can avoid the mandatory life sentence that
a murder charge carries, instead receiving
the lesser sentence of manslaughter.
Maria
Eagle said: "For men and women who
kill their partners these changes will mean
that the letter of the law finally catches
up with judges and juries, who in recent
years have been less prone than people think
to let men off lightly and punish women
harshly. However, in order to be fair they've
had to stretch the law to its limits. With
these changes, the law will be quite clear.
"There'll
be a significant impact on other anger killing
cases too. Some killers who might currently
get off with manslaughter will get murder
in future."
Welcoming
the proposed changes Minister for Women
Harriet Harman said: "For centuries
the law has allowed men to escape a murder
charge in domestic homicide cases by blaming
the victim. Ending the provocation defence
in cases of "infidelity" is an
important law change and will end the culture
of excuses.
"There
is no excuse for domestic violence, let
alone taking a life. Whatever happens in
a relationship does not justify resorting
to violence. So men who kill their wife
will have to face a murder charge and will
no longer be able to claim 'its her fault,
she provoked me'.
"Changing
the law will end the injustice of women
being killed by their husband and then being
blamed. It will end the injustice of the
perpetrators making excuses saying it's
not my fault - it's hers."
Noting
that the homicide law was last reformed
50 years ago, Attorney General Baroness
Scotland said: "Murder law has not
changed since 1957 - the proposed thorough
overhaul will bring it right up to date."
ABOUT
MURDER & PROVOCATION
Currently, there are three partial defences
to murder: provocation, diminished responsibility
and killing in pursuance of a suicide pact
(the latter is not considered in today's
consultation paper). Defendants who have
killed with the intention for murder described
above are convicted of manslaughter rather
than murder if they successfully plead one
of these partial defences. Manslaughter
carries a maximum, but not mandatory, life
sentence.
The partial defence of provocation can be
traced back at least to the 17th century,
but in its current form it is set out in
section 3 of the Homicide Act 1957. The
partial defence has since been developed
through case law, for example to allow for
the cumulative effect of provocation and
some time delay between the final provocative
act and the killing itself. The burden of
proof rests with the prosecution who must
prove beyond reasonable doubt that the defendant
was not in fact provoked.
In November 2006, the Law Commission published
its report, 'Murder, Manslaughter and Infanticide'
which has formed the basis of the consultation
paper which the Government is publishing
today.
FACTS
ON DOMESTIC VIOLENCE
Minister
for Women Harriet Harman today published
a new report 'Women's Changing Lives' which
charts progress made on the Government's
priorities for women. The report coincides
with Government announcement of new laws
on homicide which will end the provocation
defence for example in cases of domestic
homicide where the husband escapes murder
charge by blaming his wife for 'provoking'
him by her infidelity.
As
the Government plans to toughen the law
in domestic violence cases, the Government
Equalities Office today published a factsheet
on domestic violence which includes the
Domestic Homicide Map of Britain showing
the number of women killed by their partners
across England and Wales. Ms Harman said:
'We can and will make progress in tackling
the dreadful toll of domestic violence.'
The
Ministers for Women's progress report marks
one year on from when the Ministers for
Women and Equality set out their priorities
- to support women and families who are
caring for children and elderly relatives;
tackle violence against women, and changing
the way we treat women offenders; and increasing
the representation of black, Asian and minority
ethnic women in public life.
Ms
Harman said: 'The Government is, and always
has been, the champion of equality and fairness
for women. This reports shows that we have
done a great deal to support families, tackle
violence against women, and promote equal
representation since I announced last July
that these are the Government's priorities
for women.
'But
progress has not been without a struggle.
We must, and will, go further. Last month
I outlined details of a strong new Equality
Bill, because we are not satisfied and we
must do more.'
In
the past year the Government has:
-
Announced £255 million more to support
and improve the lives of the country's
carers through short breaks, more financial
help, and health checks.
-
Announced that the right to request flexible
working will be extended to parents of
children up to the age of 16 - helping
an additional 4.5 million parents.
-
Created a cross-government £1million
emergency fund to support rape crisis
centres which provide vital support to
rape victims.
-
Published 'Women Not for Sale', showing
how small ads in newspapers can fuel demand
for women trafficked for sexual exploitation.
Ministers met with members of the newspaper
and advertising industry with many newspapers
now refusing offending adverts.
-
Set up a review to look at what more can
be done to reduce demand for prostitution.
This included visits to Sweden and Holland
to look at legislative and non-legislative
approaches to prostitution and how other
jurisdictions are tackling human trafficking
for sexual exploitation. The review will
report later in 2008.
-
Taken steps to improve how women offenders
are treated, including increasing the
use of community sentences for women who
are not violent and often have children.
-
Announced it will legislate to enable
political parties to use all-women shortlists
until 2030. There are now record levels
of women in Parliament, but only a fifth
of MPs are women - despite making up half
the population.
-
Launched a new taskforce with a specific
remit to encourage more black, Asian and
minority ethnic women to step forward
to become a local councillor.
- Since
1997, the Government has reduced the gender
pay gap, doubled the number of good quality
affordable childcare places in England,
introduced the right to request flexible
working for younger parents and those
who care for an older relative, improved
maternity leave and pay, and introduced
paternity leave. Each of these will be
improved further over the coming years.
'Priorities
for the Ministers for Women One Year On:
Progress Report Women's Changing Lives'
can be downloaded from www.equalities.gov.uk
The
consultation 'Murder and Manslaughter: Proposals
for Reform of the Law' is published today
at www.justice.gov.uk
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