Toward a Feminist State: What Does Effective Prosecution of Domestic Violence Mean?

Abstract

This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus.

Keywords: domestic violence, criminal law, prosecution, prosecutorial discretion, legal ethics, practical reasoning, criminal procedure, feminist theory

JEL Classification: K14, K19, K41, K42, K49