Public understandings of self‐defence claims by domestic abuse victim‐survivors

Abstract

This article explores public understandings of self‐defence claims in fatal and non‐fatal domestic abuse cases. The topic is of contemporary interest following the government's rejection of proposals to introduce a bespoke defence for domestic abuse victims who use force against their abusers based on the inaccurate claim that the defence of self‐defence is adequately accessible to them. Evidence shows that the application of the self‐defence framework by courts is highly gendered, and access to it is limited in these cases. We present findings of a study that asks the public whether the claim of self‐defence would and should be available in a range of domestic abuse‐based vignettes. These findings reveal both support for greater access to self‐defence claims by domestic abuse victim‐defendants than currently exists, and a need for public education about the dynamics of coercive and controlling behaviour. We highlight the significance of contextual factors arising in focus group discussions and their alignment with the theory of social entrapment.