Gender Violence: Death penalty for batterers?
The case in Neuquen of the acquittal of a woman who killed four times in the head to her husband, who systematically beat her for 12 years, puts on the table an overdue debate: is it justified the murder in retaliation for domestic violence? The battered woman syndrome serves as an argument for possible future cases and the reasoning used by the High Court yesterday to issue criminal responsibility.28/03/2012 | 14:16Comment (3)
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BUENOS AIRES (Urgente24) - Under the heated debate taking place in Argentina and the world these days about the violence, with wild men setting fire to their partners and heartless women killing their children out of revenge, the acquittal of a woman yesterday in Neuquén rapper killed her husband with four shots to the head, inflames positions: is the violence (in this case of a man against a woman) justification for murder? Is not the acquittal of women a precedent for all battered women, who can interpret the case as a clear path to kill their husbands if they feel they are battered?
Obviously, the questions are somewhat captious but by no means unnecessary, since the abuse was systematic in this case over 12 years, while the young Vanessa Pincheira endured violence against her by her husband Luis Sellanes. The justification for absolution is called the Battered Woman Syndrome.
The violent situation met his end when on the morning of January 17, 2010, after being beaten and sexually abused, took the rifle with which he had threatened to rape and four bullets hit him in the head.
The Court acquitted by unimpeachable. The ruling was appealed by the prosecutor and the High Court confirmed it. "Pincheira knew what he was doing but could not avoid killing Sellanes, only viable solution within the context of domestic violence who lived to end the abuse of years and saved physically and mentally," the judges of the Supreme Court in resolving known yesterday.
The outcome of the terrible history occurred that morning in January 2010 in the guanacos, Neuquén. According lascrpónicas newspaper, there had gone to live Sellanes to escape the numerous court cases against him in Neuquén. Vanessa took with him and their children. In this context, the woman away from her family and unable to help, increasingly suffered abuse.
On May 20, 2011, the House of Zapala acquitted of the crime. The judgment consists of the primary vote Deiub Judge Liliana, who adhere Ivonne San Martin and Oscar Domínguez (surrogates). Vanessa states that "was unable to direct his actions or control them in the time it took the gun that was at the foot of the bed and fired the shots that ended the life of your spouse. For this reason and having acted in a state of insanity should be absolved of guilt and application fee for the benefit of the doubt in his favor, while not proven its state of full consciousness and was ruled out planning done. "
They relied to reach that conclusion on the statements of psychologists and psychiatrists, and the terrible story of the accused. Attorney Hector Trova, who had requested a sentence of 5 years in prison for the mitigating was the case, it was unseemly and was on appeal.
Yesterday it emerged that the criminal chamber of the Supreme Court, composed of Graciela Corvalan and Guillermo Martinez Labate, rejected the appeal.
The members say that Vanessa's behavior "must be analyzed on account of the battered woman syndrome (SMG)" for which "harm is always imminent."
"The experience of prolonged violence affects perceptions of danger, its imminence and the decision on what actions are necessary to protect, so that does not apply to these women the same standard of rationality or the very concept of imminence that a person who is not under the influence of SMG, "the three judges.
They conclude that "although the experts do not asserted a state of unconsciousness that does not allow to understand the criminality of the act or direct their actions at the time of killing her husband, is no less true that the abusive situation in which it was immersed Vanesa generated in the minds of the judges an insurmountable doubt about its ability to guilt "and therefore was acquitted.
The precedent that the case is significant: any woman who can convince the judges that he suffered mistreatment, can reach the above claim that he suffered syndrome should use violence (and even kill) a partner. And the question hangs in the air: legal resources generated in the context of gender violence justify murder?
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