Femicide is the murder of a woman for the simple fact that she is a woman. Femicide is a crime that can occur as a result of cases of domestic violence, intimate relationships or other cases of hate crimes against women.
The first country to have a specific law for this crime was Costa Rica in 2007. Brazil, in turn, adopted a specific law for the murder of women in 2015.
The Latin American continent leads the sad statistics of femicide, especially the countries of El Salvador, Honduras and Guatemala.
Definition of Femicide
The word femicide comes from the junction of two words: female (woman, in Latin) and Cidium (act of killing). Just as suicide is death caused by oneself, femicide is the death of a woman for no other reason than the fact that she is a woman.
The term was coined in 1976 by South African author Diana Russell. The expression qualifies both the homicide committed by a close relative of the victim, which represents 38% of the cases, and the one carried out by an unknown person.
It must be made clear that not every murdered woman qualifies as femicide. If the crime is classified as robbery – robbery followed by death – it will hardly be considered femicide. Probably the first cause was to deprive the victim of some property and then murder was committed.
Femicide occurs in those moments when a woman dies because a sentimental partner, ex-partner or a stranger takes a woman's life because he thinks it is her property. This type of crime is supported by misogyny, that is, the hatred of women and the female universe.
According to Dr. Dulcielly Nobrega de Almeida, public defender, femicide does not disqualify homicides committed against men:
The death of men is different from the death of women. (...) Generally, men die in the public space and women die in the private space, at home, and these are deaths practiced by their intimate partners.
Types of Femicide
The concept of femicide has raised debate around the world. Some scholars think it is necessary to further specify the term in order to really do justice and help end the problem.
The most common types of recognized femicide are:
1. intimate and familiar
Intimate femicide is that committed by the victim's partner or ex-partner, regardless of their legal status.
On the other hand, when the woman's murder occurs within her family circle, committed by relatives or close friends of the victim.
One of the variants of this type of femicide is the honor crime, where the woman's murder is justified by the argument that she would have compromised the aggressor's reputation. In some countries, this justification is even provided for by law.
2. Lesbicide
Lesbicide is the murder of lesbian or bisexual women. The death of these women would be a form of punishment for them to assume their sexuality.
It must be remembered that in 75 countries homosexual relations are prohibited and in some of them, such as Iran, Saudi Arabia, Yemen and Sudan, they are foreseen death penalty.
3. racial femicide
Racial femicide is registered, mainly, in cases of war, when women of only one ethnic group or specific group are murdered.
Women are often victims of the brutality of war, in a different way than men, as they are exposed to sexual violence by soldiers.
4. serial femicide
When a man kills several women in order to obtain sexual pleasure. They are usually committed by psychopaths with serious empathy issues with their surroundings.
Femicide in Brazil
Brazil has an extensive history of violence against women and is the 5th country to kill more women in the world.
The origin of this violence is found in the historical formation of the country. The brutality of colonization and conquest was felt especially by the indigenous and enslaved black women.
This does not mean that white women were exempt from suffering violence. After all, the woman, at this time, was controlled by the father and later, by the husband. The Christian doctrine that encouraged women to silently suffer any abuse by their partner, for example, was also completed.
It is evident that there were women who did not fit these norms and gained space in society after a lot of struggle.
Femicide Numbers in Brazil
A survey carried out by the Violence Monitor reveals alarming data on femicide in Brazil:
- In 2018, 1,173 cases of femicide were registered. The highest rates are registered in the state of Roraima and the lowest in São Paulo.
- According to the Ministry of Women, Family and Human Rights, complaints through 180, the number of assistance to female violence, have increased annually.
- In January and February 2018, 11,263 complaints were registered, while in the same period, in January and February 2019, 17,836 were filed.
One of the important steps towards ending violence against women in Brazil was the enactment of the Maria da Penha Law, in 2006, which toughened the penalties for the aggressor.
Femicide Law
On March 9, 2015, Law 13.104/15 was enacted, which included femicide as a type of aggravated homicide.
A number of factors are needed to characterize femicide, but the law is important, as it makes the case of extreme violence against women visible.
Here is the text:
femicide
VI - against women for reasons of the female condition:
§ 2 -A It is considered that there are reasons for the condition of the female sex when the crime involves:
I - domestic and family violence;
II - contempt or discrimination to the condition of women.
penalty increase
§ 7 The penalty of femicide is increased from 1/3 (one third) to half if the crime is committed:
I - during pregnancy or within 3 (three) months after delivery;
II - against a person under 14 (fourteen) years old, over 60 (sixty) years old or with a disability;
III - in the presence of a descendant or ascendant of the victim.” (NR)
Art. 2nd Art. 1 of Law No. 8072, of July 25, 1990, becomes effective with the following change:
"Art. 1º ...
I - homicide (art. 121), when committed in a typical extermination group activity, even if committed by a single agent, and aggravated homicide (art. 121, § 2, I, II, III, IV, V and VI).
Femicide and transgender women
Although not explicitly mentioned in the text, many judges argue that the law should also apply in the case of transsexual women.
In August 2019, the 3rd Criminal Panel of the Federal District Court of Justice (TJDFT), maintained the charge of attempted femicide against a group that tried to murder a student in Taguatinga (DF).
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