Dutch courts don't have clear definition of femicide, rarely use the term in rulings

The Dutch legal system does not have a clear definition of what femicide is, resulting in an inconsistent approach to handling these cases, according to a study by Maastricht University commissioned by the WODC. Courts also rarely use the term “femicide” in rulings on femicide cases, while this could support better registration and monitoring, as well as more public awareness of gender-related murder, the researchers said.

The WODC, the Ministry of Justice and Security’s independent knowledge and research institute, defined femicide as the intentional and unlawful killing of a woman or girl in which gender-related characteristics play a role.

“Judges and public prosecutors use different definitions of femicide,” the researchers concluded. For some, femicide is when the perpetrator is a partner, ex-partner, or other family member of the victim. Others deem prior violence or a hate motive as necessary to classify femicide. Others use a combination of family or partner relationships and additional characteristics, such as domestic violence.

And while judges and prosecutors often acknowledge the gender-related characteristics of femicide cases, such as the partner relationship and previous domestic violence, they are not always consistently included in the evidence or the justification for the sentence. When this does happen, these characteristics are used as an aggravating circumstance for a higher sentence.

Both judges and public prosecutors consider the current statutory maximum penalties for murder or manslaughter to be adequate, but several indicated that they were in favor of adding femicide characteristics as a statutory ground for a higher sentence.

The researchers recommended determining a legal definition of femicide and a shared guideline on dealing with gender-related characteristics like domestic violence. They recommend designating “femicide cases” more consistently as such, to support better registration and public awareness, and looking into specialized judges and other experts to help handle these cases.

“The researchers also recommend conducting research into other forms of fatal violence against women - such as assault resulting in death - and the legal handling thereof,” the WODC said. “This can contribute to a better understanding of the scope of the phenomenon of femicide and the way in which criminal law responds to it.”