Domestic Violence Victims as Homicide Offenders: A Study of Gender Ideology in the Japanese Criminal Justice System

Abstract

This study attempts to identify the biases and assumptions reflected in intra-household gender roles, to relate these roles to homicide cases in Japan where the wife kills the husband, and finally, to examine how women criminal offenders are ideologically treated. From case studies, it is clear that women criminal offenders are considered through biases and assumptions within the criminal justice system. If the character of the offender mirrors this prevalent image, she tends to not be punished strictly by the criminal justice system. However, if the character of the offender goes against the image of women, she tends to be punished strictly. Their personality as women is taken into account to a greater extent than the actual crime. In addition, the backgrounds and reasons for female homicide cases—in this case domestic violence-were not considered serious crimes, particularly until the Law on the Prevention of Spouse Violence and Protection of Victims was passed. Achieving gender equality in a society is crucial to not only reduce the number of victims of domestic violence, but to also give a fair judgment (not necessarily a light punishment) to women criminal offenders.