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FVDRC develops resources for lawyers working with IPV victims

October 12, 2018 at 12:46 PM

From the NZFVC

The Family Violence Death Review Committee (FVDRC) has published information to assist lawyers working with victims of intimate partner violence (IPV) who are facing criminal charges.

The document is an appendix to a recent article in the New Zealand Law Review, Social Entrapment: A Realistic Understanding of the Criminal Offending of Primary Victims of Intimate Partner Violence (Tolmie et al 2018). 

The articles describes IPV as a gendered pattern of harm that is a form of social entrapment. The understanding of entrapment is contrasted with traditional approaches to thinking about intimate partner violence in the criminal justice context. The article explores how this model can apply to cases when mothers are prosecuted for failing to protect their children, or when women are prosecuted for killing the person who has been violent towards them.

The FVDRC published an Appendix to the Social Entrapment article to assist lawyers to develop criminal defences for clients who are the primary victim of IPV and facing criminal charges. The Appendix provides a detailed list of questions to help lawyers think through areas that affect the context of the IPV and women's responses. The questions are not necessarily designed to be asked of the victim or to act as a checklist. They are designed to help lawyers develop a comprehensive picture of a woman's experience and the factors that should be considered.

The questions cover the following areas:

  • relationship formation
  • primary aggressor's coercive controlling behaviours
  • parenting
  • primary aggressor's lifestyle
  • primary victim's offending
  • primary victim's trauma history
  • primary victim's mental health
  • quality of agency responses
  • structural inequities.

Click here for more information

Category: Resources