On 23 November 2013, the Women’s Council for Family & Domestic violence in WA held their annual silent march to honour those who have lost their lives as a result of domestic and family violence.  At this event, Professor Donna Chung of the University of WA launched the attached petition on behalf of two women currently incarcerated in Bandyup Women’s Prison. Both women are currently serving life sentences for homicide of their husbands and have been incarcerated since the mid to late 90s. Both women were victims of long-term, extreme and horrific family violence and sexual assault perpetrated by their partners.

In 2008 the law of homicide was amended to incorporate some important changes in the context of domestic homicide where there has been a history of violence by either the deceased or the accused. In light of the amendments, the Women’s Law Centre assisted these women with an application for the royal prerogative writ of mercy to the Attorney General of WA on the basis that if the women were tried under these new laws, they would have had defences available to them. Alternatively, if they were sentenced now, they would not receive a life sentence.  These applications were rejected in January 2013.

This petition is our commitment to seeking justice for these women and for other women. Family and domestic violence is a continuum. It starts out with small manipulative and coercive acts and spirals downwards with the end result being death- either suicide or homicide. How is it that in our society an FDV perpetrator can kill his wife and be eligible for parole after 3 years, but a woman who has killed her perpetrator after being held as a psychological hostage for years, is not able to have her life-sentence reconsidered even after the laws have changed to recognise her situation?

The inherent gender-bias in the criminal justice system is symptomatic of a society that de-values the worth of women. It sends the message that women’s lives are more dispensable then men’s and further perpetuates gender inequality. It is a vicious cycle and it needs to be broken!

Attached you will find the petition as well as a background document to provide you with more context and the stories of the two women.  Thanks in advance for your commitment to gender equality!

In solidarity,

Heidi Guldbaek
Coordinator
Domestic Violence Legal Workers Network

WOMEN’S LAW CENTRE WA(link is external)