Femicide: From aggravating factor to standalone crime

In 5 seconds In some countries, femicide is a distinct crime. In Canada, it is treated as an aggravating factor in homicide. Two UdeM criminologists consider which approach is best.
The systemic imbalances are reflected in the disproportionate impact of femicide on Indigenous, racialized and marginalized women, according to Alain-Guy Sipowo.

Femicide is the intentional killing of a woman or girl with a gender-related motivation. While there is no universal legal definition of femicide, all agree that it is an extreme form of gender-based violence.

In Canada, femicide is not a standalone offence. It is prosecuted as murder, and aspects such as intimate partner abuse or gender-based hate are considered at most as aggravating factors, which can affect bail and sentencing.

“Whether femicide should be a separate crime is a theoretical debate, but one with practical implications,” according to Alain-Guy Sipowo, a professor in the School of Criminology at Université de Montréal. “Treating it as homicide renders crimes committed against persons because of their gender invisible.”

In May 2023, the Trudeau government introduced a bill criminalizing coercive control within intimate partner relationships, but it did not address femicide.

This prompted Sipowo and Charlie Rohr, a master’s student in criminology, to investigate the perspectives of various institutional, political and social actors—including legal experts and community advocates.

Not just intimate partner violence

“Until recently, the issue of treating femicide as a separate crime was overshadowed by the criminalization of coercive control,” said Sipowo.

While coercive control in intimate relationships is often a precursor to femicide, limiting the law’s focus to coercive control ignores femicides committed outside the context of intimate relationships. 

“The World Health Organization recognizes at least four different forms of femicide,” explained Sipowo. These are intimate partner femicide, honour killings, dowry-related femicide and non-intimate femicide.

Femicides can also occur in the context of societal power imbalances rooted in colonial history, as Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls demonstrated.

“If we remain focused solely on coercion, we lose sight of gender-based power dynamics outside the couple,” Sipowo argued. These systemic imbalances are clearly reflected in the disproportionate impact of femicide on Indigenous, racialized and marginalized women.

Highlights a societal problem

Women’s rights groups are often wary of the criminal justice system, particularly because it tends to revictimize survivors of intimate partner violence. They are also sceptical that more policing and prison time can solve the problem, preferring to prioritize systemic changes, psychological support for victims and preventing violence before it happens.

On the other hand, treating femicide as a separate crime would equip the justice system—including police, coroners and lawyers—with better tools to address the issue.

“For researchers, a legal definition would make it possible to better quantify the problem in order to prevent it,” said Sipowo.

“We don’t think research should overshadow the need for prevention and funding for victim support, but we believe the two can go hand in hand,” Rohr added.

Since their article was published, the federal government has introduced new legislation to criminalize both coercive control within intimate partnerships and femicide. It is now winding its way through Parliament for debate and review, and Sipowo and Rohr are preparing a follow-up article on the subject.

Making femicide a separate crime sends a strong message. “It highlights the fact that violence against women is a societal problem rooted in patriarchal power dynamics, and it signals that it is a priority,” concluded Rohr.

Sipowo echoed this view. “The way we define criminal behaviour is an indication of a society’s fundamental values,” he said. “Canada must live up to its commitments on women’s rights.” 

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