Female domestic violence victims being punished for acting in self defence, say advocates.

By Katherine Gregory

Advocates are calling for a change to domestic violence laws, arguing too many victims are being punished for acting in self defence.

The number of female prisoners convicted of violent offences is rising – and it is particularly high among Indigenous women.

But domestic violence advocates said the apparent increase in fact reflected the high number of cases where women are being charged after acting in self defence.

Advocates have called for a change in the law and better police and legal training to ensure the real perpetrators are punished.

Defence lawyer Debbie Kilroy is also the head of Sisters Inside, a support group for female prisoners, who said she continually deals with cases where female victims are charged or sentenced for a reactive violence offence.

"Women are being charged by the police, or police are coming in and taking dual orders out," Ms Kilroy said.

"Then we are seeing more and more women being criminalised and imprisoned for breaches of DV because of reactive violent offences, which is fundamentally them defending themselves against the violent partner."

Ms Kilroy defended one Aboriginal woman who went on trial about 18 months ago for stabbing her male partner.

She said the woman, living in a far north Queensland community, was a victim of decade-long abuse and violence at the hands of her male partner.

"She nearly lost her eyes, she had her jaw rewired. She had broken bones and numerous trips to the hospital," Ms Kilroy said.

"On this occasion they had been drinking, she was woken up by the partner quite violently. He was shaking her ... was slapping her around the face and dragging her off the lounge chair.

"She got up, he chased her around the house and outside ... they ended up on the street and basically she saw a knife on the road, picked it up and stabbed him in the shoulder."

The woman, who cannot be identified, spent months behind bars before she was eventually found not guilty.

Her male partner was not charged for the incident.

Increase in female imprisonment rate

Between 2005 and 2015, the national female imprisonment rate increased by 9 per cent, according to the Australian Bureau of Statistics.

That is compared to a 5 per cent for men and Ms Kilroy said the numbers were misleading.

"We are now seeing data released by the ABS which shows that Aboriginal women are becoming more violent. But the reality is they're being charged with violent offences where they're defending themselves, but that's not being unpacked."

Alice Springs criminal defence lawyer Carlie Ingles agreed and investigated why she saw a 40 per cent increase in the five years to 2015 in her caseload of female defendants, who were predominantly Aboriginal.

"There were 14 women who had been found guilty, or pleaded guilty, to manslaughter," Ms Ingles said.

"In 10 cases out of the 14, specific reference was made in the sentencing remarks by the sentencing judge to the victims suffering domestic violence.

"Women going into jail, I see that as a manifestation of male violence against women.

"And I feel that was brought out in the serious harm cases. In 66 per cent of those cases, the sentencing remarks referred to elements of either excessive self defence or provocation present by the victim to the offender."

Ms Ingles said the situation was reflective of a national trend.

This post originally appeared on ABC News. 

© 2016 Australian Broadcasting Corporation. All rights reserved. Read the ABC Disclaimer here.