Defending ‘Co‐offending’ Women: Recognising Domestic Abuse and Coercive Control in ‘Joint Enterprise' Cases Involving Women and their Intimate Partners

Abstract

The role of coercive control in women's offending has been increasingly recognised in law. Yet, there remains a significant blind spot that leads to grossly unfair outcomes for women who are implicated in cases of serious violence with their abusive partners. This article outlines the role that abusive relationships play in women being 'associated' with an offence, being present at the scene and unable to withdraw and being implicated in the police investigation. It argues that such relationships must be recognised in legal practice and in the law, to avoid serious miscarriages of justice being enacted upon women who have already been repeatedly failed by the State.

Women accused of killing with others: Experiences of the Scottish criminal justice system

“…(p.3) When women are criminalised through doctrines of joint liability, their responsibility is often neither diminished nor viewed as a response to violence against women. Instead, they are often viewed as instigators of serious violence (Clarke & Chadwick, 2020) and their claims of abuse can be minimised or rejected altogether (Hulley, 2021).…”

“…Half of the women in Clarke & Chadwick's study reported that they had experienced abuse or violence in the past and in most of these cases the perpetrator of that abuse or violence was their co-defendant (p.16). Similarly, Jones (2008) has suggested that a substantial amount of female co-offending may be explained by high levels of coercion from male associates and more recently, Hulley (2021) has outlined the role of coercive control in cases where women are implicated in serious violence with their abusive partners. Stark (2009) has previously illustrated how coercive control may manifest itself in female criminality, using the example of Laura Ferruci's participation in fraud (ch.…”

“…Although the authors warn that South Korea is not representative of other countries in general, their findings indicate the significance of co-offenders in certain types of female-perpetrated homicide. Previous work relying on US data has suggested that women are more likely to engage in homicide when they co-offend with men as opposed to on their own or with other women (Becker & McCorkel, 2011) and the role of intimate partners and coercive control has recently been evidenced in a small sample of joint liability homicide cases in England (Hulley, 2021). Skott's (2018) work is one of the few studies to examine homicide in a Scottish context, but while female-perpetrated homicide is included in her study, her focus is on providing a historical and contextual understanding of the relationship between homicide and violent crime.…”

“…The evidence disclosed that you are a manipulative, scheming woman. (sentencing statement of HM Advocate v. Rauf, Abid and Hayat, 2019) Hulley (2021) discusses the role of 'counter allegations' of domestic abuse against women, noting that 'criminal justice and social institutions engage in denial, minimisation excuses, and victim blaming rather than holding men accountable for their behaviour ' (p.596, citing Hunter, 2006, p.743). She refers to Clarke & Chadwick's research which shows that women are likely to be disadvantaged if they report their experiences of abuse during a trial in which they are the secondary party.…”

“…Although the authors warn that South Korea is not representative of other countries in general, their findings indicate the significance of co‐offenders in certain types of female‐perpetrated homicide. Previous work relying on US data has suggested that women are more likely to engage in homicide when they co‐offend with men as opposed to on their own or with other women (Becker & McCorkel, 2011) and the role of intimate partners and coercive control has recently been evidenced in a small sample of joint liability homicide cases in England (Hulley, 2021).…”