Defending ‘Co-offending’ Women: Recognising Domestic Abuse and Coercive Control in ‘Joint Enterprise' Cases Involving Women and their Intimate Partners

Abstract

The role of coercive control in women's offending has been increasingly recognised in law. Yet, there remains a significant blind spot that leads to grossly unfair outcomes for women who are implicated in cases of serious violence with their abusive partners. This article outlines the role that abusive relationships play in women being ‘associated’ with an offence, being present at the scene and unable to withdraw and being implicated in the police investigation. It argues that such relationships must be recognised in legal practice and in the law, to avoid serious miscarriages of justice being enacted upon women who have already been repeatedly failed by the State.