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BATTERED WOMEN: LOSS OF CONTROL AND LOST OPPORTUNITIES

BATTERED WOMEN: LOSS OF CONTROL AND LOST OPPORTUNITIES

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Abstract: Battered women who kill their abuser and the problem they create in regards to access to justice has been discussed for many years by many academics. The English legal system has attempted to update partial defences to murder to remedy the situation, through the abolition of the problematic and gendered provocation defence, replacing it with another based upon loss of control contained within the Coroners and Justice Act 2009. This work reviews these updates, how effective they may be, and considers, through comparative analysis with other jurisdictions, if other solutions are available, and how English law should proceed.

Keywords: murder; loss of control; battered women; partial defences; manslaughter; comparative reform options

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