Femicide in Dutch legal practice: towards a clear definition and consistent approach

In the Netherlands, an average of 43 women fall victim to femicide (the murder of women) every year, often at the hands of a (former) partner or family member. The researchers investigated the extent to which femicide is recognised, framed, and legally assessed within Dutch legal practice. They also examined how gender-related characteristics are incorporated into the criminal assessment and sentencing of femicide. In the study, femicide is defined as (an attempt at) the intentional and unlawful (or contrary to the law) killing of a woman or girl, in which gender-related characteristics play a role.

Treatment of femicide in legal practice

Judges and public prosecutors use different definitions of femicide. For some, it is sufficient that the perpetrator is a (former) partner or family member of the victim. Others consider other characteristics, such as prior violence or a hate motive, necessary to classify it as femicide, while still others define femicide based on the combination of a family/partner relationship with additional characteristics. Although gender-related characteristics, such as the partner or family relationship, are often acknowledged in femicide cases, they are not always consistently taken into account in the evidence or the justification of the sentence. The research shows that prosecutors see more leeway than judges to include these characteristics (for example, previous domestic violence) when proving intent or premeditation.

Judgement and Sentencing in Femicide Cases

In sentencing justifications for (attempted) murder or manslaughter of women, explicit reference is often made to the (ex-)partner or family relationship and other gender-related characteristics. These characteristics are frequently subject to increased sentencing. Notably, indications of prior (domestic) violence are less frequently explicitly mentioned in the justification. When this does occur, judges refer to the previous violence in a sentencing sense.

Both judges and public prosecutors consider the current statutory maximum penalties for murder or manslaughter to be adequate. Nevertheless, several respondents indicated that they are in favour of introducing femicide or gender-related characteristics as a statutory ground for increased sentencing, as this could contribute to the more structural recognition of gender-related characteristics in criminal justice practice.

Recommendations

In addition to a legal definition of femicide and a shared understanding of how to deal with gender-related characteristics such as prior domestic violence, it is recommended to more consistently designate ‘femicide cases’ as such. This supports better registration and monitoring of femicide and contributes to public awareness of gender-related fatal violence.

The researchers also point out the importance of further exploring additional specialization within criminal law practice and strengthening knowledge regarding gender-related violence. This can be achieved through the deployment of specialized judges, criminal chambers, or other experts.

The researchers also recommend conducting research into other forms of fatal violence against women – such as assault resulting in death or manslaughter – and the legal handling thereof. This can contribute to a better understanding of the scope of the phenomenon of femicide and the way in which criminal law responds to it.

Research report

View the full research report on the WODC website.

Photo: Denisse Tramolao, CC BY-SA 4.0, via Wikimedia Commons