Femicide

The plaintiff daughters, R.H. and V.C., filed suit against the State government and certain police officials requesting damages for the loss of the lives of their mother, Mrs. S., and father, Mr. A.  The day after her decision to flee her home together with her daughters and reside with other family members, Mrs. S. filed a civil proceeding against Mr. A. for domestic violence.  Mr. A. was prohibited from approaching Mrs. S. and his daughters, and Mrs. S.

This case is a cassation appeal from a lower court judgment. The judge found the defendant guilty of attempted femicide in violation of Article 45 of the Special Comprehensive Law for a Violence-free Life for Women (Ley Especial Integral para una Vida Libre de Violencia) (“LEIV”) and sentenced him to 10 years in prison. In the underlying case, the defendant rammed the plaintiff, his ex-girlfriend, with his car against the wall twice, causing her grave injuries.

The Federal Supreme Court (STF), unanimously, declared the so-called “honor defense” unconstitutional, holding that it violates the principles of human dignity, the protection of life, and gender equality. The ruling was issued in the context of a Claim of Breach of Fundamental Precept (ADPF) 779, filed by the Democratic Labor Party (PDT), following a preliminary injunction granted by Justice Dias Toffoli in February 2021.

The defendant husband held enduring suspicions that the late victim, his wife, was involved in an extramarital affair, and required her to seek permission to leave their home without his or their children’s accompaniment.  The victim one day attempted to leave the house without the defendant’s permission, resulting in an argument in which he shot and killed her.  The defendant was charged with Aggravated Murder under Article 147 of the Provisional Criminal Code of Kosovo, found guilty, and sentenced to 15 years’ imprisonment.  The defendant appealed, arguing that the offense

The appellant was convicted of femicide for killing a 17-year-old girl when she attempted to defend herself against his efforts to sexually assault her. The appellant argued on appeal that the facts did not support a finding that he was guilty of femicide, petitioned for the re-classification of his crime, and argued that his sentence should have been reduced because he had consumed alcohol before the events that led to the girl’s death.

In 2010, the Avon Global Center for Women and Justice held a conference in Washington, DC to discuss advances and obstacles to securing justice for women and girls in conflict and post-conflict areas.

Under the Criminal Code, rape is defined quite narrowly as “sexual intercourse against a person’s will with the use or threat of physical violence present or deprivation of possibility of resistance.” There is also no mention of rape in marriage. To hold a person liable for rape, which is punished by imprisonment for up to seven years, the victim or their representative must file a complaint. However, in the case of rape (i) by a group of accomplices or (ii) of a minor or a young child, the term of imprisonment can be longer, and complaint filing is not needed.

The Inter-American Commission on Human Rights (IACHR) submitted the case Carrión y Otros v. Nicaragua to the Inter-American Court of Human Rights concerning Nicaragua’s international responsibility for failing to properly investigate the death of Carrión. She was in the process of divorce and had custody of her son when she was found dead at home. The medical examiner classified the death as suicide, but her family disputed this, citing her ex-partner’s history of violence.

In Case No. 187-2023, the Supreme Court of Chile ruled in a landmark gender justice case concerning the murder of a transgender woman. On May 16, 2023, the Oral Criminal Court of Iquique convicted the defendant of femicide. However, on October 4, 2023, the Iquique Court of Appeals overturned the conviction, holding that the victim did not legally qualify as a woman under the femicide statute because official records still listed her as male. After remand, the trial court once again convicted the defendant of femicide.

Defendant Mr. H.R.A was convicted of aggravated homicide based on his prior ties and relationship with the victim, Ms. N.A. (his partner), whom he murdered with a gun.  Mr. H.RA. was sentenced to life in prison pursuant to Law No.