Gaetana Morgante

Criminal Law and Gender Perspective. Beyond Victimisation Towards a New Legal Agency

  • Abstract

Informations and abstract

Keywords: Gender; Crimes; Positive Actions; Trial Agency; Intersectionality.

In the context of an offender-oriented criminal law, offended persons were traditionally deprived of their role and relocated to the margins of the system. Only criminological studies primarily analysed the victim as the owner of a public and protected interest, even if as passive creditor of justice, rather than as a person with pivotal faculties in the exercise of criminal prosecution. This paper aims to analyse the role of women victims of violent crimes and the possible legal implications of the theory of intersectionality in the foundation of a new trial agency in criminal law. The field of gender-based violent crimes could be an interesting «case study» for the foundation of a person-oriented criminal law, as well as for the notion of inclusive trial agency.

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