Abstract

When abused women kill their intimate partners, often in non-confrontational contexts, they face significant legal barriers as traditional defences, such as self-defence, are seldom available. Despite a progressive constitutional and legislative framework, the South African criminal justice system remains ill equipped to account for the lived realities of prolonged abuse in response to these cases. Grounded in a feminist legal framework, this contribution examines South African case law to assess whether a coherent sentencing approach has emerged and to highlight the structural and evidentiary challenges in advancing viable defences. It underscores the need for expert evidence capable of contextualising abuse and coercive control within broader socio-economic and historical frameworks. In doing so, the article explores the potential of an entrapment-based framework to move beyond the limitations of traditional defences and to expose the gendered assumptions embedded in legal reasoning. In the absence of a specific defence, the contribution argues for alternative sentencing approaches that better reflect the complex realities faced by abused women who kill.