Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

214 PRACTITIONERS GUIDE No. 12
Self-defence as a defence for women accused of violence
When women defend themselves from violence, they are often
denied access to the defence of self-defence. Sometimes this
may be because fighting back physically in the heat of a
physical attack is only considered an appropriate recourse for
men and boys. When courts assess whether or not a woman
acted in self-defence, they should make a proper assessment of
what sort of violence the woman was experiencing and how she
considered that she needed to protect herself.
Relating to this is the development of ideas about the
psychological effects of domestic violence and how this leads to
women using violence to protect themselves because of the
stresses of being victimized. Battered women syndrome has
been described as being “suffered by women who, because of
repeated violent acts by an intimate partner, may suffer
depression and are unable to take any independent action that
would allow them to escape the abuse, including refusing to
press charges or accept offers of support”. 566
The Updated Model Strategies and Practical Measures on the
Elimination of Violence against Women in the Field of Crime
Prevention and Criminal Justice, adopted under a resolution of
the UN General Assembly, draws on international best practice
in making a variety of suggestions of how domestic law and
practice can be improved, including that: “Claims of selfdefence
by women who have been victims of violence,
particularly in cases of battered woman syndrome, are taken
into account in investigations, prosecutions and sentences
against them”. 567
victim has transgressed cultural, religious, social or traditional norms
or customs of appropriate behaviour.”
566
Updated Model Strategies and Practical Measures, above note 559,
footnote 23 to paragraph 15(k).
567
Ibid, paragraph 15(k).