Gender Neutrality is Not Synonymous with Gender Equality: A Defence of s 194(b) of the Crimes Act 1961

Abstract

Violence against anyone is unacceptable whether it is directed against children, women, men, seniors, people with disabilities, visible minorities or anyone else .... Violence experienced by women, however, particularly intimate partner violence and sexual assault, represents a unique aspect of the wider social problem of violence and requires specific attention and solutions. Individual experiences of violence against women must be assessed against the backdrop of historical, social, political, cultural, and economic inequality of women. One of New Zealand's last gender specific offences is found at s 194(b) of the New Zealand Crimes Act 1961. The simplicity of the words: “Everyone is liable to imprisonment for a term not exceeding 2 years who, being a male, assaults any female” belies the anomalous and controversial nature of the offence. The New Zealand Law Commission considered the offence incongruous and recommended its repeal in late 2009. However, s 194(b) has not currently been repealed and this essay will explain why we should be reluctant to do so.