Abstract

LAISE, LUCIANO D.. WHAT WOMEN WANT: PROBATION AND VIOLENCE AGAINST WOMEN. Novum Jus [online]. 2022, vol.16, n.2, pp.77-105.  Epub Dec 07, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.2.4.

In this work, I will argue that a categorical rejection of probation due to minor offences is unacceptable in the context of domestic violence against women. I will focus on the case when the victim freely and autonomously accepts that the offender shall be under probation due to minor offences. To hold my claim, I shall describe the requirements for probation and how to verify whether the victim freely and autonomously consents. The former highlights a paradox: when protecting and empowering vulnerable women who suffer domestic violence, judges treat them as disabled persons. This article aims to outline a way to overcome this paradox. Thus, my goal is to enforce crimes against women, secure a comprehensive protection for them, and, at the same token, treat women as persons who can make truly free decisions.

Keywords : victim; criminal litigation; minor offences; probation.

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