Punishing Mothers for Men's Violence: Failure to Protect Legislation and the Criminalisation of Abused Women.

Singh, Sarah ORCID: 0000-0003-4968-2201 (2021) Punishing Mothers for Men's Violence: Failure to Protect Legislation and the Criminalisation of Abused Women. Feminist Legal Studies, 29 (2). pp. 1-24.

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Abstract

This article explores the gender dynamics of 'causing or allowing a child to die', contrary to the Domestic Violence, Crime and Victims Act 2004, section 5. This offence was intended to allow for prosecution where a child had been killed and it was uncertain who had killed him/her, but also to allow for prosecution of non-violent defendants who failed to protect him/her. More women than men have been charged and convicted of this offence signifying a reversal of usual patterns of prosecution and conviction. This analysis interrogates how section 5 criminalises women who have experienced domestic abuse. Drawing on a case observation, reported cases and media reports of cases, I suggest this offence derives from and perpetuates patriarchal constructs of motherhood. Grounded in a feminist approach building on women's concrete experiences of law, I conclude that section 5 should be amended so that it is only used where it cannot be ascertained which defendant actively harmed a child.

Item Type:	Article
Uncontrolled Keywords:	Child death, Crime, Domestic abuse, Failure to protect, Motherhood
Divisions:	Faculty of Humanities and Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	12 May 2021 08:07
Last Modified:	18 Jan 2023 22:47
DOI:	10.1007/s10691-021-09455-5
Related URLs:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3122359