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

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242 PRACTITIONERS GUIDE No. 12<br />

<br />

<br />

<br />

Reduce penalties and/or absolve perpetra<strong>to</strong>rs in cases of<br />

so-called honour crimes;<br />

Acquit a perpetra<strong>to</strong>r of violence if he subsequently<br />

marries the woman; and<br />

Impose lesser penalties in cases involving particular<br />

women, perceived as less socially “valuable”, such as<br />

sex workers or non-virgins. 651<br />

Aggravating circumstances for the purposes of<br />

sentencing<br />

Sentencing should be tailored <strong>to</strong> be commensurate with harm<br />

inflicted on women subjected <strong>to</strong> violence. Some of the fac<strong>to</strong>rs<br />

<strong>to</strong> be taken in<strong>to</strong> account in determining appropriate sentences<br />

include whether the violent conduct:<br />

Consisted of repeated acts; 652<br />

Entailed abuse of a position of trust or authority; 653<br />

Was committed against a partner, spouse, or member of<br />

the family; 654<br />

Was committed against, or in the presence of, a child; 655<br />

Was committed against a person made vulnerable by<br />

particular circumstances; 656<br />

Was committed by two or more people acting<br />

<strong>to</strong>gether; 657<br />

Was preceded or accompanied by extreme levels of<br />

violence; 658<br />

651<br />

UN Handbook for Legislation on Violence against Women, above<br />

note 511, page 51.<br />

652<br />

Updated Model Strategies and Practical Measures, above note 559,<br />

paragraph 17(b); Istanbul Convention, above note 509, Article 46(b).<br />

653<br />

Updated Model Strategies and Practical Measures, above note 511,<br />

paragraph 17(b); Istanbul Convention, above note 509, Article 46(a).<br />

654<br />

Updated Model Strategies and Practical Measures, above note 511,<br />

paragraph 17(b); Istanbul Convention, above note 509, Article 46(a).<br />

655<br />

Updated Model Strategies and Practical Measures, above note 511,<br />

paragraph 17(b); Istanbul Convention, above note 509, Article 46(d).<br />

656<br />

Istanbul Convention, above note 509, Article 46(c).<br />

657<br />

Ibid, Article 46(e).<br />

658<br />

Ibid, Article 46(f).

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