Males accused of violence are typically treated more harshly than their female counterparts

The public is rightly revolted by violence, especially where it occurs in the home or where children, innocent people, or vulnerable partners are victims. That said, officialdom, the media and the public do seem too often to react differently, depending on whether the alleged perpetrator is male or female. Domestic violence homicides also tend to get high profile coverage in the media.

Prominent recent examples are cited below. I emphasise that I am not discussing guilt or innocence. My comments merely seek to illustrate how society has reacted differently according to the gender of alleged offenders, particularly when the circumstances are in any way "grey".

In Australia it is not entirely uncommon, when a male accused of a heinous violent crime is apprehended, for a crowd to assemble outside the police station to yell "mongrel", "hang the bastard", and the like, often with undertones of vigilante justice. On the other hand, I can't recall circumstances of vigilante threats towards a female in this country. When a female is identified as alleged perpetrator, officialdom and sections of the public seem (if anything) more prone to making excuses. Common apologies for female violence include battered wives' syndrome, post-natal depression, and pre-menstrual syndrome. While these may be valid considerations, they are often overdone.

A mob justice scene played out in Alice Springs following the alleged murder and sexual assault of Kumanjayi Little Baby last April. Hours after the girl's death was announced, the alleged perpetrator was reportedly spotted wandering a town camp. "Members of that town camp decided to inflict vigilante justice upon Jefferson (Lewis) and we received numerous phone calls saying he was in the process of being assaulted", Police Commissioner Dole said. "Our police officers were attacked at that time, as were the St John Ambulance crew that attended to assist". Commissioner Dole saidabout 400 "angry people" were later gathered outside Alice Springs Hospital trying to get inside and get to Mr Lewis. Many were shouting that Mr Lewis needed to face "payback".

While Indigenous principles of justice are pertinent in the Kumanjayi case, I can remember equivalent (less violent) demonstrations in (for example) the Anita Cobby case.

Overall, males are widely (and correctly) regarded as being more violent than females and are also stronger and more likely to prevail in a violent situation. This contributes to higher intimate partner (IP) victimhood rates for women. The big question is what can reasonably be done to reduce levels of violence.

The facts show that females are more likely to be killed by their intimate partner than males, though this is offset (in terms of victimhood) by males in domestic situations being more likely to be killed by their parent or their child. There were 48 female and 49 male domestic homicide victims in 2024–25. Among these 67 per cent of female victims and 29 per cent of male victims were killed by an intimate partner. 27 per cent of male victims and 17 per cent of female victims were the parent of the offender. 27 per cent of male victims and 15 per cent of female victims were the child of the offender.

Domestic violence orders (DVOs) have become the major tool aimed at preventing domestic violence. A problem is that no court order can categorically prevent a violent assault by a determined perpetrator. A further problem is determining who constitutes a realistic threat, given that innocent parties can have their lives ruined by undeserved court orders. It is widely accepted that many unscrupulous women have weaponised DVOs in child custody disputes with ex-partners.

In New South Wales alone, according to Bettina Arndt: 

...more than 100,000 domestic violenceorders are in force at any one time, more than double the number seven years ago. …On NSW's rate, the true figure across Australia is likely well over 300,000. Mothers are mostly the ones protected but since the children's arrangements run through her, contact with the children stops too. A father is cut off from his children immediately, with no trial, no evidence tested and no finding made".

Criminal lawyers advise that "If the police enter your home to investigate an alleged domestic violence offence, they must ask you whether you own any firearms. If you say yes, they must take your firearms. If an interim AVO is made against you, your firearms licence will be automatically suspended. It will remain suspended until your case is finished.

An AVO should be taken very seriously for a number of important reasons, you should be aware of. Firstly, breaching an AVO condition will result in a criminal offence carrying a penalty of imprisonment and a permanent conviction on your police record. Secondly, an AVO against you will affect child custody disputes in family court proceedings afterwards. Thirdly an AVO can affect your employment and working with children check clearance. Fourthly, an AVO precludes you from ever getting a firearms licence. Lastly, if you are renting premises, it can result in termination of a tenancy agreement.

In addition, a breach of an AVO offence, that is domestic violence related, requires a sentencing Judge to impose full-time detention or supervision, which is a very serious penalty.

If ever someone, later in life, makes a complaint to police against you, police will likely treat the allegation more seriously after seeing on their record that you have or had an AVO against you. Having an AVO in the past or present will also affect your ability to get bail, if ever faced with a criminal charge unrelated to the AVO later on in life".

Legal Aid NSW provides much the same advice. "If an AVO is made against you that includes an exclusion order, you must find somewhere else to live…..If your firearms licence has been suspended or revoked, you must immediately surrender your firearms and licence to the police. If you don't, police may seize your firearms and charge you with an offence.

The bottom line is that an excessive number of AVOs are being issued, and these cause great inequity. A solution, that still protects women in imminent danger, might be to require proof of actual violence or actual threats by the alleged perpetrator before granting AVOs.

Turning to cases of violence by men and women, the most prominent recent case of domestic homicide was that of Lindsay Clancy in the US.