Provocation Defence, Its Implication for Battered Women in Malaysia: a Sociological Evaluation of Criminal Law and the Criminal Justice System

This work provides critical insights on the predicaments and sufferings of domestic violence victims. Previous scientific research classifies battered women as victims of learned helplessness and is often believed to have voluntarily endured the pain. Thus, when the victim kills the perpertrator, it is highly unlikely that they can claim the defence of provocation which requires immediate loss of self control. This is unfair as most victims will resort to the defence of diminished responsibility. This research shows otherwise. It highlights the reasons why most victims endure the battering and the inadequacy of the criminal justice system in sustaining a fair trial. This work is published with one objective in mind and that is to highlight the drawbacks of the law and the insensitive treatment of the criminal justice system towards the plight of these battered victims.