Victim-Survivors of Intimate Partner Violence Who are Forced to Participate in Crimes: Are They Treated Fairly in the Criminal Law?

Abstract

Research suggests that a portion of female offenders in New Zealand offend in response to intimate partner violence victimisation. It is therefore critical to consider whether coercion because of intimate partner violence is adequately accommodated in the criminal justice response to such offending. In this article we examine the law on party liability and the defences of compulsion and duress of circumstances. We suggest that these defences are not capable of adequately recognising the coercive circumstances that can result in women offending or being held accountable for their male partner's offending by means of the expansive doctrine of party liability. The current law therefore requires urgent reform.