ABSTRACT
In general, in contrast to rape and prostitution offences,1 the non-sexual, nonfatal offences against the person are gender-neutral, both as regards victim and perpetrator.2 Thus, in the Offences Against the Person Act 1861 (OAPA), ‘person’ means human being.3 Hence, the offences of technical assault, battery, assault occasioning actual bodily harm, malicious wounding and inflicting grievous bodily harm, wounding and causing grievous bodily harm with intent4 can be committed by a man or a woman against a woman or a man. Despite this, it is arguable that, in many respects, the gender of perpetrator and victims, combined with the context in which violence occurs, has an effect upon whether incidents which potentially constitute offences will actually be perceived as such and, if so, reported, charged, prosecuted and found to attract criminal liability. This chapter explores the extent to which this is the case within the criminal justice system and the law itself. In doing so, it includes only a brief consideration of sentencing, but excludes, for reasons of space, the question of whether criminalisation is always the best response to non-sexual, non-fatal acts of violence.
