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Justice, Inequality and Gender Based Violence
Funded by ESRC, Justice project website:
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What today is about Introduction: the Justice, Inequality and GBV project What we have been doing - Methods Some Key findings Rape, inequality and the criminal justice response Civil protection Alternative justice – faith based What victims/survivors say about justice Experiences and perspectives of BAME victim/survivors What about children? Sex with third parties Marianne
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Background Should we/ should we not use criminal justice systems?
Research and government inspections/consultations have consistently shown a justice gap in relation to domestic and sexual violence (e.g. HMIC, 2014) Should we/ should we not use criminal justice systems? Women’s movements and NGOs – CJS symbolic: from private to public But CJS may not fit GBV crimes: DV is pattern over time – CJS about incidents Rape myths, gender and ‘rational victims’ WHAT DO VICTIMS/SURVIVORS SAY? DO THEY FIND OTHER MEANS OF JUSTICE? Led to wider look at justice and justice systems – criminal, civil, family, faith-based, alternative Marianne Why do women use the Criminal or Civil Justice Systems? Safety? Containment? Punishment? Or what/why?
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The justice, inequality & GBV project
How is ‘justice’ (in its wider sense) understood, sought and experienced by victims/survivors of GBV (SV, DVA, HBV) and practitioners – ACROSS England and Wales Research questions: How do victims of GBV experience and perceive justice? How does inequality* affect access to support pathways and trajectories through informal and formal justice systems? *(inequality may be linked to: gender, race, ethnicity, immigration status, sexual orientation, age, religion, mental health, disabilities, economic status etc) Marianne
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The team Professor Marianne Hester – Principal Investigator
Bristol University: Dr Hilary Abrahams, Dr Nadia Agtaie (CI), Dr Lis Bates, Dr Nathan Eisenstadt, Dr Geetanjali Gangoli (CI), Professor Marianne Hester (PI), Dr Andrea Matolcsi, Dr Natasha Mulvihill, Dr William Turner (CI), Mary Wakeham, Sarah-Jane Walker, Dr Emma Williamson (CI) University of the West of England (UWE): Duncan McPhee (CI), Professor Philip Rumney (CI), Anneleise Williams Welsh Women’s Aid: Gwendolyn Sterk Women’s Aid: Lizzie Magnusson Cardiff University: Dr Amanda Robinson (CI) Marianne
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Methods Range of research methods and approaches:
Literature – Systematic review and synthesis of the existing literature (39,000 pieces of which 1,217 were relevant, and only 300 with voices of survivors); Police and Women’s Aid data - Quantitative analysis of about 1,500 domestic violence and rape cases in police databases, plus Women’s Aid survey data for about 1,400 survivors and women’s domestic abuse services; Interviews - Qualitative analysis of interviews with 251 victims/survivors of gender-based violence and 40 key practitioners to elicit experiences and perceptions of ‘justice’. Using findings with practitioners & NGOs – Northumbria PCC, My Sister’s Place, Research in Practice, Women’s Aid, Peabody Trust Marianne Check number of practitioner interviews
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ANALYSIS - ECOLOGICAL MODEL
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Victims’ experiences seeking justice
Individual Micro / Interpersonal Meso / Community Macro / Society Enablers Barriers Awareness Light bulb moment, naming the abuse Lack of education/ awareness Friends/family believing the disclosure Not being believed, especially by parents Professionals not ignoring abuse Professional incompetence, Not following policy Awareness raising through education Stigma associated with ‘being a victim’ Emotions Emotional strength/ resilience Self-blame Childhood abuse Emotional support from family/ friends Isolation/ being shunned No support network Supportive demeanour from professionals Routine discourtesy from professionals Women’s empowerment Blame culture Services Help-seeking Knowledge of services Didn’t know where to get help/ couldn’t access help Friends/family helping to access services Perp manipulating services Availability of specialist services Inadequate provision of services Woman-centred services Activism Male-dominated institutions Finances Employment Own financial resources No resources Negative equity Friends/family lending money or place to stay Being kicked out Financial abuse by perp Availability of legal aid Legal/ court costs Class position and resources Poverty & benefits system Property laws Examples of enablers/barriers – as described in the interviews – where the description incorporates several levels of analysis. “Did not receive legal aid: She said she did not get legal aid. She said her ex-husband “took all of our money and bought another house. He bought it in his name”. She is renting now and living on benefits having had to give up her job for financial and stress reasons. Initially, she could not afford a solicitor to organise the contact arrangements: she had to save for 6-7 months. Participant had to litigate for herself: she asked for an adjournment as, despite “having a good education”, she was unwilling to interrogate her ex-husband.” “Well just thinking back to the Hillsborough thing I said, do you know what I mean, about realising that … I think there’s something about actually.. that you’ve got to acknowledge that justice is actually really important … and I think that’s really dawned on me recently. That it’s like something about this fucking … I don’t know … you go to therapy, you go to recovery, do all these things, take responsibility da-da-da … but there’s no emphasis on … actually they can … do you know what I mean like … it keeps putting the emphasis back on the victim or survivor to like be a better person and deal with the shit. It’s not that I don’t believe in that, but it’s completely like out of proportion. So it’s almost like you never get a message that says no wonder you want justice … it’s like nobody’s ever said to me … you know no counsellors, nobody’s ever said ‘Have you thought about going to the police about that?’”
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Literature findings – models of justice
Community justice Cultural context model Economic/financial/distributive justice Effective justice Affective justice Feminist jurisprudence/ Legal thinking Gender justice Interactional justice Kaleidoscopic Neo-liberal justice Parallel justice Peacemaking Private/ family justice Procedural justice Problem solving justice Social justice Therapeutic justice/jurisprudence Transformative justice and participatory victims rights Women’s / human rights Marianne
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Key findings Part 1: Criminal and Civil Justice Responses
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