Battered Woman Defense - Canada

Canada

In 1911 in Sault Ste. Marie, Angelina Napolitano, a 28-year-old, pregnant immigrant, killed her abusive husband Pietro with an axe after he tried to force her into prostitution. She confessed and was sentenced to hang after a brief trial, but during the delay before the sentence was carried out (a delay necessary to allow her to give birth to her child), a public campaign for her release began. Napolitano’s supporters argued that the judge in the case had been wrong to throw out evidence of her long-standing abuse at Pietro’s hands (including an incident five months before when he stabbed her nine times with a pocket knife). The federal cabinet eventually commuted her sentence to life imprisonment. She was the first woman in Canada to use the battered woman defense on a murder charge.

The Supreme Court of Canada set a precedent for the use of the battered women defence in the 1990 case of R. v. Lavallee.

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