This article explores the gender dynamics of ‘causing or allowing a child to die’, contrary to the Domestic Violence, Crime and Victims Act 2004, section 5. This offence was intended to allow for prosecution where a child had been killed and it was uncertain who had killed him/her, but also to allow for prosecution of non-violent defendants who failed to protect him/her. More women than men have been charged and convicted of this offence signifying a reversal of usual patterns of prosecution and conviction. This analysis interrogates how section 5 criminalises women who have experienced domestic abuse. Drawing on a case observation, reported cases and media reports of cases, I suggest this offence derives from and perpetuates patriarchal constructs of motherhood. Grounded in a feminist approach building on women’s concrete experiences of law, I conclude that section 5 should be amended so that it is only used where it cannot be ascertained which defendant actively harmed a child.

本文探讨了“导致或允许儿童死亡”的性别动态，这违反了 2004 年《家庭暴力、犯罪和受害者法》第 5 节。这项罪行旨在允许在儿童被杀且不确定的情况下进行起诉杀害他/她的人，但也允许起诉未能保护他/她的非暴力被告。女性比男性被指控和定罪的人数多于男性，这表明通常的起诉和定罪模式发生了逆转。该分析询问第 5 节如何将遭受家庭虐待的女性定为犯罪。根据对案件的观察、报道的案件和媒体对案件的报道，我认为这种罪行源于并延续了父权制的母性结构。立足于基于女性具体法律经验的女权主义方法，