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Malasia
Domestic violence often impacts sentencing in cases where battered women kill their abusers, primarily through the assessment of the victim’s fault and the classification of “relatively minor circumstances of intentional homicide” under Article 20 of the Opinion on Handling Criminal Cases Involving Domestic Violence in Accordance with the Law. Case analysis shows that when the victim’s serious fault is recognized, sentences typically range from 6 to 10 years, while cases falling under “relatively minor circumstances of intentional homicide” under Article 20 often result in sentences under 5 years, including suspended sentences. NVivo analysis indicates that both sentencing outcomes largely depend on the recognition of long-term abuse, leading to disparities in similar cases. This article argues for clearer application of “relatively minor circumstances of intentional homicide” and the introduction of evidence showing help-seeking behavior to standardize sentencing and support commutation or acquittal.
