Femicidal Maniacs and Homicidal Womaniacs
Jul. 19th, 2022 02:21 pmShould "femicide" be a separate offence under the Criminal Code? Lawyer Pamela Cross (as well as many other experts on the problem of intimate partner violence) says yes. She says it's important to isolate and differentiate this specific type of killing, "The killing of a woman because of the fact that she's a woman":
https://www.cbc.ca/news/canada/ottawa/murder-femicide-anoka-street-ottawa-1.6523681
I get it, I really do. Words are important. Motives are important too. But as a woman and a feminist, I'm still a little uneasy about the idea of making femicide a separate offence.
If we look at a Basil Borutski, a Russell Williams or a Marc Lepine, did they really kill all these women BECAUSE these targets of their anger were women? I would say no. They killed because they're sociopaths. Sociopaths never believe that anything is their own fault. They kill or act violently and justify their behaviour on the grounds that they had a difficult childhood, they're addicts, they have no free will, they are dishing out their own brand of justice. There's always some excuse for not taking responsibility for their own actions.
The women, on the other hand, did not have any choice about having been born female. So I say we should place the responsibility squarely where it belongs - on the shoulders of the killer - and ensure that the killer faces the consequences.
Does creating a separate category for femicide accomplish this? Maybe. I do think that's the intent of people like Pamela Cross, Marlene Ham and Kirsten Mercer. If we separate the deliberate killings of women by men from other forms of homicide (as legally defined), it will certainly highlight the enormity of the problem.
But I worry that it could also end up having precisely the opposite effect to the one that was intended. I mean, the debate over whether or not women are actually "persons" under Canadian law was put to rest less than a century ago. Laws guaranteeing women equal rights in terms of employment, voting, property inheritance (and many other aspects of day-to-day life) tend to be much more recent than that. And even now, there are still plenty of people living quite legally in Canadian society today who retain some very archaic views about women, whether or not they publicly admit to their views.
Would "femicide" come to be considered a lesser offence because after all, the victim is "only" a woman? Would it be viewed as more amenable to extenuating circumstances? As in, "Gosh, she was a total slut. She was dressed provocatively and had the nerve to go out by herself at night! She was just ASKING to be raped and murdered! How DARE she refuse my advances? How dare she leave me? How dare she disobey me, say "no" to me or even disagree with me about anything?"
I would also wonder how the new category might affect something like the battered woman defence, in which a woman murders her abusive partner in his sleep (or while he is otherwise impaired or unable to defend himself).
I'm not sure if I'm a voice in the wilderness or if some of the experts might have similar concerns.
https://www.cbc.ca/news/canada/ottawa/murder-femicide-anoka-street-ottawa-1.6523681
I get it, I really do. Words are important. Motives are important too. But as a woman and a feminist, I'm still a little uneasy about the idea of making femicide a separate offence.
If we look at a Basil Borutski, a Russell Williams or a Marc Lepine, did they really kill all these women BECAUSE these targets of their anger were women? I would say no. They killed because they're sociopaths. Sociopaths never believe that anything is their own fault. They kill or act violently and justify their behaviour on the grounds that they had a difficult childhood, they're addicts, they have no free will, they are dishing out their own brand of justice. There's always some excuse for not taking responsibility for their own actions.
The women, on the other hand, did not have any choice about having been born female. So I say we should place the responsibility squarely where it belongs - on the shoulders of the killer - and ensure that the killer faces the consequences.
Does creating a separate category for femicide accomplish this? Maybe. I do think that's the intent of people like Pamela Cross, Marlene Ham and Kirsten Mercer. If we separate the deliberate killings of women by men from other forms of homicide (as legally defined), it will certainly highlight the enormity of the problem.
But I worry that it could also end up having precisely the opposite effect to the one that was intended. I mean, the debate over whether or not women are actually "persons" under Canadian law was put to rest less than a century ago. Laws guaranteeing women equal rights in terms of employment, voting, property inheritance (and many other aspects of day-to-day life) tend to be much more recent than that. And even now, there are still plenty of people living quite legally in Canadian society today who retain some very archaic views about women, whether or not they publicly admit to their views.
Would "femicide" come to be considered a lesser offence because after all, the victim is "only" a woman? Would it be viewed as more amenable to extenuating circumstances? As in, "Gosh, she was a total slut. She was dressed provocatively and had the nerve to go out by herself at night! She was just ASKING to be raped and murdered! How DARE she refuse my advances? How dare she leave me? How dare she disobey me, say "no" to me or even disagree with me about anything?"
I would also wonder how the new category might affect something like the battered woman defence, in which a woman murders her abusive partner in his sleep (or while he is otherwise impaired or unable to defend himself).
I'm not sure if I'm a voice in the wilderness or if some of the experts might have similar concerns.