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annotated bibliography of new zealand research into family violence

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Topic Areas: Intimate partner abuse, Financial exploitation, Women, Victims/survivors,JusticeAbstract: This article examines the court ruling <strong>of</strong> Isabella Ruka, charged for DomesticPurposes Benefit fraud in 1995, and explores the context <strong>of</strong> intimate partner <strong>violence</strong> andbattered woman’s syndrome in this situation. This author argues that the two essentialelements in "a relationship in the nature <strong>of</strong> marriage", namely emotional commitment andfinancial interdependence, were not fulfilled in this case due to the severe and ongoing<strong>violence</strong> perpetrated by Ruka’s partner. This article explores whether the existence <strong>of</strong>domestic <strong>violence</strong> justifies the dismissal <strong>of</strong> fraud charges in this instance.McDonald, E. (1997, December). Battered woman syndrome. New Zealand Law Journal, 436-438.See: www.nzfvc.org.nz/12958.pubTopic Areas: Intimate partner abuse, Women, Justice, Mental healthAbstract: This article examines battered woman syndrome (BWS) and its relevance as adefence in legal cases. The author describes BWS as a subtype <strong>of</strong> post traumatic stressdisorder, and how this can lead to ‘learned helplessness’. Examples <strong>of</strong> cases where BWS hasbeen used as evidence in a woman’s defence are provided. The author argues that it may bepertinent for jurors and judges to have knowledge <strong>of</strong> BWS in order to understand why somewomen fail to leave violent relationships. However, <strong>of</strong>ten the difficulty lies in providingevidence <strong>of</strong> this contextual information imperative to understanding the specificities <strong>of</strong> eachcase.McDonald, E. (1997). Defending abused women: Beginning a critique <strong>of</strong> New Zealand criminal law.Victoria University <strong>of</strong> Wellington Law Review, 27(4), 673-696.See: www.nzfvc.org.nz/12989.pubTopic Areas: Intimate partner abuse, Physical abuse, Sexual abuse, Homicide, Women,Justice, LegislationAbstract: This article addresses the context <strong>of</strong> abuse in which women <strong>of</strong>fend, particularly incases where women kill their abusive partners. Legal defences that apply to male <strong>of</strong>fendingpertain to women also, and the author examines whether provocation, self-defence,automatism or insanity are adequate defences for women who <strong>of</strong>fend as a result <strong>of</strong> <strong>violence</strong>.The article suggests that men and women have differing motivations for criminal <strong>of</strong>fending,so the justice system must take account <strong>of</strong> gender, and consider the pervasive physical andpsychological effects <strong>of</strong> abuse. Legal cases are used as examples to illustrate the application<strong>of</strong> different types <strong>of</strong> defence, and to highlight the lack <strong>of</strong> understanding in the court system <strong>of</strong>the dynamics <strong>of</strong> abuse in instances <strong>of</strong> homicide.McDonald, E. (1997, November). Women <strong>of</strong>fenders and compulsion. New Zealand Law Journal, 402-404.See: www.nzfvc.org.nz/13114.pubTopic Areas: Intimate partner abuse, Child abuse and neglect, Child homicide, Women,Perpetrators/<strong>of</strong>fenders, Justice, LegislationAbstract: This article explores situations where women have not protected their childrenfrom abuse. Two case studies are used to illustrate this issue, including those <strong>of</strong> Tania Witikaand Lavinia Manukau. The male partners <strong>of</strong> these two women were convicted <strong>of</strong> the murder115

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