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The fallacious stereotype of ‘male violence’, and why it’s being sold to you : Comments
By Adam Blanch, published 11/6/2014Some Australian legislation states that domestic violence is predominantly perpetrated by men for the purpose of control, pre-biasing the prosecution to ignore the evidence and assume the male to be guilty.
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Interestingly, drunkenness was a defence to 'criminal capacity', along with that of automatism and lunacy ? I'm not sure if that's still the case, apropos drunkenness ? As a retired detective, I've always pursued my own little theory, 'it takes two hands to clap' in matters of alleged assault. Is there any contributory negligence in the commission of the offence ?
Can you establish the elements of the alleged crime - mens rea & actus reus. The old legal maxim applies; 'an act does not make a person guilty unless his mind is guilty' which is the cardinal principle of English (Australian) criminal law ?
It's been my experience in some instances, though the assault was first perpetrated by the female person, and because the male person had responded in kind, he'd been 'done for it'? Ostensibly because of the obvious physical dissimilitude between the sexes ?
I know of no copper who likes attending 'domestics'?