CALS challenges courts to consider domestic violence history in cases, launching an appeal for a mother convicted of killing her abuser.
CALS is challenging courts to consider domestic violence history in cases, launching an appeal for a mother convicted of killing her abusive partner.As Women’s Month comes to an end, the Centre for Applied Legal Studies is launching a constitutional challenge to ask that courts consider a history of domestic violence in determining cases.
“What we’re arguing is that our courts need to take this phenomenon into account to engage properly with psychological aspects of domestic violence and trauma.”As a result, the centre launched an appeal this week in the case of a domestic violence victim who was convicted of murdering her abusive partner.
However, prior to her arrest, the woman spent a year facing beatings from her partner so severe that she suffered a miscarriage.“On the night she was arrested, she was held against her will and raped. This evidence was not challenged by the state at trial and was accepted as fact by the court,” the centre said.
Along with the appeal, the CALS announced that it is also pursuing a constitutional challenge against the Criminal Law Amendment Act and the Mandatory Minimum Sentences Regime.
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