Frances Gibb, Legal Editor
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A male rape victim who kills his attacker after being taunted over what happened could avoid a murder conviction under reforms outlined yesterday. Similarly, a mother who returns home to find a man raping her daughter and kills the assailant could also be sentenced for manslaughter rather than murder.
Both could use a proposed partial defence to murder – that they were motivated in response to words and conduct that caused them to have a “justifiable sense of being seriously wronged”. The defence should be used only in exceptional circumstances, a government consultation paper said. The reforms would make clear that a partner having an affair would not come into this category.
A spokesman for the Ministry of Justice said: “The idea that this will be used by people to get off the hook when they kill a neighbour in a dispute or someone in the street when they get into a row is quite wrong.”
The proposals are part of reforms that amount to the biggest overhaul of murder laws for half a century. The partial defence of provocation would be scrapped, as would the term itself, which the Ministry said had negative connotations.
A second proposed partial defence would help spouses or partners who kill in response to a fear of serious violence. This is aimed at a victim of sustained abuse who kills his or her abuser to thwart an attack that is expected, but may not be imminent.
Alternatively, the killer might have overreacted to what he or she perceived as an imminent threat, the paper says. The reforms would scrap the present need for the killer to have suffered a “sudden” loss of control.
The reforms draw on recommendations from the Law Commission, the Government’s law reform body, which said in 2005 that murder laws were a mess. They noted that, while appeal judges often did in practice free battered women who killed abusive partners, this was not available as a defence in the first place.
Maria Eagle, the Justice Minister, said that, under the proposed changes, more partners – mostly men – would be convicted of murder. “This area is one of the most important where the law is out of kilter with modern needs,” she 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.
She said that there were no immediate plans to look at degrees of murder as proposed by the Law Commission nor was there to be a review of the mandatory life sentence for murder.
A series of cases has highlighted the defects in the law. In 1997 Joseph Swin-burne was sentenced to 200 hours’ community service after he stabbed his wife 11 times when she told him that she was leaving him for another man. The case of Kiranjit Ahluwalia was one of several in which woman fought against murder convictions after killing abusive husbands. She was jailed for life for killing her violent husband in 1989 by setting his feet on fire after years of abuse, but was freed on appeal three years later. Her story was made into a film.
In 1995 Emma Humphreys succeeded in overturning a conviction for murdering her boyfriend when aged 17, ten years earlier. She died three years later of an accidental drug overdose.
Vera Baird, QC, the Solicitor-Gener-al, who has acted for many battered women, said: “The days of sexual jealousy as a defence are over. In cases like Emma Humphreys’, the Court of Appeal extended the defence of provocation as far as it would stretch.”
She added that the new partial defence of killing from losing self-control from fear of serious violence would provide a tailored defence to cases such as this.
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Whena person commits a crime against another he/she takes that person's right of a safe life away. The criminal should have no rights either as that makes him/her equal with the victim. In this country the agressors have more rights than the victims. Time to change that.
Matt, London, UK
It's not 'man bashing' it is a much needed reform - as the law stands it is incredibly difficult to victims of sustained violence over a number of years to claim provocation, whereas those who just 'lose it' can - sexual jealousy is not an excuse to kill, this just closes an overused loophole
Vicky, London,
Since when has there been a "modern need" to hand women a way to escape murder because a hand full of harpies turn up in court to say "she was nervous"? There will never be a perfect answer to marginal cases but they should be left to the appeal judges . Next from Harperson, all women juries ?
D.L. Stephens, York, England
Yet another example of Nu-Labour's intent to load heavily the scales of justice. At the next general election they must be booted out of office and legislation enacted to ensure that they can never ever govern again.
David, Cheltenham, UK
The original justification for the slackening of the divorce laws used the same argument. There really is no excuse in this day and age for a battered partner to not just leave the relationship, sorry. the 'slow burn' argument is rubbish.
JAMES, Liverpool, MERSEYSIDE
So a woman who fears violence from her husband can use that as a partial defence for killing him.
And what of a householder who kills an intruder in response to a fear of serious violence?
Edward Tweedly, Leighton Buzzard, UK
These reforms are basically legitimising pre-meditated murder.
If you have the willpower to plan a murder, you have the willpower to leave a violent partner.
Abusive men are a serious problem in our society, but we need to encourage women to shun them, not kill them.
Sean MacDhai, Berwick, UK
For those who can get hold of it there's a very interesting article in this month's American Spectator about how the likes of Harman et al do the cause of equality a huge disservice. As a man who naively believes in justice & fair play I recommend it to you.
Matthew, Falkirk, UK
The article makes clear this legislation isn't 'man bashing' because it isn't gender specific - if women are going to use this defence more often than men and 'more male partners will be convicted of murder' it's because women are more likely than men to be attacked in this way. Whose fault is that?
Jen, Manchester,
Murder is murder man or woman and we need to keep the maximum deterent possible which in this country is life and it should mean life! If we start giving excemptions then this makes an even greater grey area then before in the lawl. As Errin Prizzey said about abuse there is always a route out!
Dave Farmer, Broxbourne, England
Harriet Harman really wants to lose the next election for labour doesn't she?
You can kill your man in his bed, when you could just leave, but discover you're raising 3 kids when you find your wife in bed with their real dad, and in that case, you've got to be happy, move out and pay her for it.
Mark, London,
Having been in a violent relasionship when I defended my son and me against a man twice my size I was then arested and jumped on by 4 male police officers as I would not come "queitly." Yes it is about time we had some equality, its not an excuse for murder but justice!
Lauren, Stoke on Trent,
I think it's time we dispensed with the sophistry around this issue.
Only the extremely naive, or self-deceived would be incapable of seeing this insidious and unreasonable gender-political reform for what it is. Adding more fuel to the growing flames of antifeminism.
Dr K Liebens, london, uk
Danielle B: Not a law against men? You presumably didn't read the paragraph quoting Maria Eagle then.
Brian, Leeds,
Not really seeing why only male rape victims are allowed some dispensation for killing their attackers if tormented. Why don't female rape victims have the same latitude? It's still sexist in favour of men even though, to give them their due, this appears to be what they are trying to change.
Thalia, london,
None of the comments so far left on this article are accurate. This isn't a get out clause for women who murder husbands and it's not a law against men. It clearly states in the article that this defense can only be used in extreme cases where there is a proven cycle of abuse.
Danielle B., Ascot, UK
Interesting. Will this law "protect" the disturbed school boy adolescent who, after years of sytematic abuse and bullying at the hands of his fellow pupils, finally exacts his disturbing revenge on his tormentors?. Surely this is no different to "battered wife syndrome"?.
Neil, Fife,
why limit it to murder, why not GBH or ABH? either the action and/or intent are ulawful or they are not
peter c, devizes, wessex
Very similar warped principles as the recent 'equality' law. In the same way as discriminating against men does not right wrongs of centuries gone by, killing a murderer doesn't make sense either - it's still wrong. This is worse than capital punishment and will make the world more dangerous.
Simon, York, England
Can't you see what they're doing? N Labour is doing it's damndest to make Britain such an ugly place to live, the population will scream for Shari'a Law just to tone things down!!!
Very clever ploy. But at least we know the agenda. I'd leave UK tomorrow - but to where????
Chris Williams, Bridgend, UK
More man bashing then. Literally and figuratively. I never agreed with the twisted thinking of the leftist crowd when they were at university and now they're older they govern like they're still a bunch of dogmatic PC students. I don't think this man will be voting Labour for a very, very long time
Edward, Edinburgh, UK
"Fear of violence" is hard to prove or disprove. Law that is based on something that is hard to prove is bad law. This law will make it possible for any paranoid wife to kill her husband on the basis that he "may" attack her. No doubt this is what Harman wants.
Martin, Newmarket, Suffolk
Harriet Hatemen, having made it legal to disrcriminate against white males is now making it much easier for wives to murder them. There doesn't even need to be any violence, just the "fear" of violence. I can't believe that any man is seriously considering voting Labour at the next election.
JS, London,
Will this end the egregious and sexually-discriminatory nonsense of "battered wife syndrome," which is nothing more than legalized vengeance killing for women? Or will this just be another bit of anti-male bigotry being entrenched in the law by Labour?
Nick, Rotherham, UK