ONE YEAR ON: WOMEN’S CHANGING LIVES

29 July 2008

Provocation defence to be abolished - Men no longer to get away with murder

Minister for Women Harriet Harman today published a new report “Women’s Changing Lives” which charts progress made on the Government’s priorities for women.

The report coincides with Government announcement of new laws on homicide which will end the provocation defence for example in cases of domestic homicide where the husband escapes murder charge by blaming his wife for ‘provoking’ him by her infidelity.

Ms Harman said:

"For centuries the law has allowed men to escape a murder charge in domestic homicide cases by blaming the victim. Ending the provocation defence in cases of "infidelity" is an important law change and will end the culture of excuses.

“There is no excuse for domestic violence, let alone taking a life. Whatever happens in a relationship does not justify resorting to violence. So men who kill their wife will have to face a murder charge and will no longer be able to claim ‘its her fault, she provoked me’.

"Changing the law will end the injustice of women being killed by their husband and then being blamed. It will end the injustice of the perpetrators making excuses saying it's not my fault – it’s hers."

As the Government plans to toughen the law in domestic violence cases, the Government Equalities Office today published a factsheet on domestic violence which includes the Domestic Homicide Map of Britain showing the number of women killed by their partners across England and Wales. Ms Harman said: “We can and will make progress in tackling the dreadful toll of domestic violence.”

The Ministers for Women’s progress report marks one year on from when the Ministers for Women and Equality set out their priorities - to support women and families who are caring for children and elderly relatives; tackle violence against women, and changing the way we treat women offenders; and increasing the representation of black, Asian and minority ethnic women in public life.

Ms Harman said:

“The Government is, and always has been, the champion of equality and fairness for women. This reports shows that we have done a great deal to support families, tackle violence against women, and promote equal representation since I announced last July that these are the Government’s priorities for women.

“But progress has not been without a struggle. We must, and will, go further. Last month I outlined details of a strong new Equality Bill, because we are not satisfied and we must do more.”

In the past year the Government has:

Announced £255 million more to support and improve the lives of the country’s carers through short breaks, more financial help, and health checks.

Announced that the right to request flexible working will be extended to parents of children up to the age of 16 - helping an additional 4.5 million parents.

Created a cross-government £1million emergency fund to support rape crisis centres which provide vital support to rape victims.

Published ‘Women Not for Sale’, showing how small ads in newspapers can fuel demand for women trafficked for sexual exploitation. Ministers met with members of the newspaper and advertising industry with many newspapers now refusing offending adverts.

Set up a review to look at what more can be done to reduce demand for prostitution. This included visits to Sweden and Holland to look at legislative and non-legislative approaches to prostitution and how other jurisdictions are tackling human trafficking for sexual exploitation. The review will report later in 2008.

Taken steps to improve how women offenders are treated, including increasing the use of community sentences for women who are not violent and often have children.

Announced it will legislate to enable political parties to use all-women shortlists until 2030. There are now record levels of women in Parliament, but only a fifth of MPs are women - despite making up half the population.

Launched a new taskforce with a specific remit to encourage more black, Asian and minority ethnic women to step forward to become a local councillor.

Since 1997, the Government has reduced the gender pay gap, doubled the number of good quality affordable childcare places in England, introduced the right to request flexible working for younger parents and those who care for an older relative, improved maternity leave and pay, and introduced paternity leave. Each of these will be improved further over the coming years.

‘Priorities for the Ministers for Women One Year On: Progress Report Women’s Changing Lives’ can be downloaded from www.equalities.gov.uk

The consultation ‘Murder and Manslaughter: Proposals for Reform of the Law’ is published today at http://www.justice.gov.uk/

Media enquiries

Please contact Victoria Francis on 0207 276 0996 / 07920 213832

Victoria.francis@cabinet-office.x.gsi.gov.uk

Notes for editors

Priorities for the Ministers for Women One Year On: Progress report Women’s Changing Lives” is available from www.equalities.gov.uk

The Government Equalities Office is responsible for the Government’s overall strategy, legislation and priorities on equality issues. It was established in July 2007. The Office also has direct responsibility for policy on gender equality, sexual orientation, and for integrating work on race and religion or belief into the the overall equality framework.  http://www.equalities.gov.uk/

About murder and provocation

• Currently, there are three partial defences to murder: provocation, diminished responsibility and killing in pursuance of a suicide pact (the latter is not considered in today’s consultation paper).  Defendants who have killed with the intention for murder described above are convicted of manslaughter rather than murder if they successfully plead one of these partial defences.  Manslaughter carries a maximum, but not mandatory, life sentence.
• The partial defence of provocation can be traced back at least to the 17th century, but in its current form it is set out in section 3 of the Homicide Act 1957.
• The partial defence has since been developed through case law, for example to allow for the cumulative effect of provocation and some time delay between the final provocative act and the killing itself.
• The burden of proof rests with the prosecution who must prove beyond reasonable doubt that the defendant was not in fact provoked.
• In November 2006, the Law Commission published its report, “Murder, Manslaughter and Infanticide” which has formed the basis of the consultation paper which the Government is publishing today.