scholarly journals Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse

2021 ◽  
Author(s):  
Erika Rackley ◽  
Clare McGlynn ◽  
Kelly Johnson ◽  
Nicola Henry ◽  
Nicola Gavey ◽  
...  
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Ad Hoc ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender ◽  
The Uk ◽  
Image Based Sexual Abuse

AbstractDespite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual abuse, this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

scholarly journals Me Too? The Invisible Older Victims of Sexual Violence

2020 ◽  
pp. 209
Author(s):  
Ruthy Lowenstein Lazar
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Older Women ◽  
Violence Against Women ◽  
Justice System ◽  
Elder Abuse ◽  
Gender Based Violence ◽  
Legal Research

A review of legal research on violence against women and elder abuse reveals a disturbing picture. There is hardly any American legal research examining sexual abuse of older women and its conceptualization in legal literature and treatment in the legal system. This Article attempts to fill the abovementioned gap and to bring the hidden issue of sexual violence against older women to light. Scholars writing on rape, violence against women, and elder abuse tend to analyze age and gendered sexual violence separately from each other, without accounting for their interplay. This Article proposes a conceptual framework of sexual abuse of older women that integrates age and gender in the analysis. To achieve this end, this Article examines 109 publicly available American cases involving sexual violence against women over the age of 60, between the years 2000 and 2018, which are based on a search of 1,308 American cases. Based on this new empirical database, this Article offers an opportunity for analyzing the social and legal “taboo” regarding sexual abuse of older women. Despite findings indicating that sexual abuse of older women (and older people in general) is a significant issue creating serious consequences for victims, the Article shows that legal actors, social workers, health professionals, family members, and society miss its signs. Sexual abuse of older women is being noticed and treated by the criminal justice system only when it reflects a “real rape” 1 scenario. The obstacles to effective prosecution and to full access to the criminal justice system are distinctive in the case of older victims because of the effect of age, the way age shapes the experience of older victims of sexual violence, the effects of sexual violence on the victims, and its interplay with gender. Although sexual violence against older women is a form of elder abuse, it should be viewed separately from other forms of elder abuse and should be understood as part of a wider context of gender-based violence. There is a need for a holistic approach to sexual violence of older women, which perceives the sexual violence as a unique phenomenon and provides older women with legal and social mechanisms that fit their needs and experience both as women and elderly people.

The Influence of Community Leaders on the Criminal Justice System of Gender-based Violence in West Africa: A Case Study of Nigeria and Ghana

2021 ◽  
Vol 54 (1) ◽  
Author(s):  
Olanike S Adelakun
Keyword(s):  
Criminal Justice ◽  
West Africa ◽  
Criminal Justice System ◽  
Justice System ◽  
Gender Based Violence ◽  
African Countries ◽  
Community Based ◽  
Legal Method ◽  
Gender Based ◽  
Formal Justice

Gender-based violence (GBV) continues to be a global phenomenon. Though many African countries have taken legislative steps to criminalise various acts that constitute GBV, the effectiveness of which has been challenged and documented. Many victims/survivors seek informal communal justice that is appropriate and acceptable in their specific communities. This article examines community-based justice approaches in the criminal justice system of GBV crimes in West Africa, specifically in Nigeria and Ghana. While Nigeria is a purely patrilineal society, Ghana is a hybrid of both patrilineal and matrilineal societies. The article examines the influence of matrilineal culture on community justice regarding GBV crimes in Ghana. It examines the effectiveness of these approaches in identifying and punishing offenders as well as ensuring justice and closure for survivors as compared to formal justice in the prosecution of GBV offenders and the protection of survivors. The qualitative socio-legal method was adopted to conduct a desktop literature review as well as to collect fresh data by way of interviews. It was found that community-based justice is gaining popularity owing to several factors, including the slow process of formal justice dispensation, corruption and high rates of case attrition. Suggestions for reforms of the formal criminal justice system to gain a balance with the community systems of criminal justice in Nigeria and Ghana are made.

A Feminist Law Meets an Androcentric Criminal Justice System: Gender-Based Violence in Spain

2018 ◽  
Vol 15 (1) ◽  
pp. 70-96
Author(s):  
Pilar Albertín Carbó ◽  
Jenny Cubells ◽  
Maria Carmen Peñaranda ◽  
Luz María Martínez
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Participant Observation ◽  
Psychological Violence ◽  
Gender Based Violence ◽  
Female Victims ◽  
Gender Based ◽  
Negative Stereotyping ◽  
Depth Interviews

This article discusses how practices in the Spanish criminal justice system relate to Organic Law 1/2004 on measures against gender-based violence. We examine the predominant construction of the problem and the secondary victimization1 of women. Data were collected from two sources: participant observation at police victim support units and courts dealing with violence against women,2 and in-depth interviews with abused women and legal and psychosocial professionals. Our analysis has uncovered a lack of institutional resources for detecting psychological violence and negative stereotyping of female victims. We conclude that a gender perspective should be incorporated into criminal justice system practices.

Unlock imagined: arts in criminal justice

2019 ◽  
Vol 1 (2) ◽  
pp. 131-143
Author(s):  
Alison Frater
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Interdisciplinary Approach ◽  
Personal Perspective ◽  
Theoretical Understanding ◽  
The Arts ◽  
Optimistic Picture ◽  
The Uk ◽  
Causes Of Crime

Starting with a personal perspective this piece outlines the place and role of the arts in the criminal justice system in the UK. It paints an optimistic picture, though an unsettling one, because the imagination and reflexiveness of the arts reveals a great deal about the causes of crime and the consequences of incarceration. It raises questions about the transforming impact of the arts: how the benefits could, and should, be optimised and why evaluations of arts interventions are consistent in identifying the need for a non-coercive, more socially focused, paradigm for rehabilitation. It concludes that the deeper the arts are embedded in the criminal justice system the greater the benefits will be, that a more interdisciplinary approach would support better theoretical understanding, and that increased capacity to deliver arts in the criminal justice system is needed to offer more people a creative pathway out of crime.

Advancing the Agenda of the Confederation of Trade Unions on the Prevention of Sexual Violence in the World of Work in Indonesia

2021 ◽  
Vol 26 (1) ◽  
pp. 63
Author(s):  
Atnike Nova Sigiro
Keyword(s):  
Sexual Violence ◽  
Gender Equality ◽  
Trade Union ◽  
Trade Unions ◽  
Ad Hoc ◽  
Gender Based Violence ◽  
The World ◽  
Gender Based ◽  
And Gender ◽  
Set Up

<p>This article was formulated based on interviews with 5 (five) trade union confederations from a number of confederations in Indonesia, namely: Konfederasi Serikat Pekerja Nasional (KSPN), Konfederasi Sarikat Buruh Muslimin Indonesia (KSarbumusi), Konfederasi Serikat Buruh Seluruh Indonesia (KSBSI), Konfederasi Serikat Pekerja Indonesia (KSPI), and Konfederasi Kongres Aliansi Serikat Buruh Indonesia (KKASBI). This article seeks to explore the efforts made by the trade union confederation in promoting gender equality - specifically in advancing the agenda for the prevention and elimination of sexual violence in the world of work. This article was compiled based on research with a qualitative approach, with data collection methods through interviews and literature studies. The results of this study found that the confederations interviewed had already set up internal structures that have specific functions on issues related to gender equality, gender-based violence, and women’s empowerment; although still limited and on ad-hoc basis. This research also finds that the role of the trade union confederation is particularly prominent in advocating policies related to sexual violence and gender-based violence in the world of work, such as advocating the Bill on the Elimination of Sexual Violence, and the ratification of the ILO Convention No. 190 on Violence and Harassment.</p>

Estimating Risks of Arrest and Criminal Populations: Regression Adjustments to Capture–Recapture Models

2018 ◽  
Vol 65 (13) ◽  
pp. 1767-1797
Author(s):  
Martin Bouchard ◽  
Carlo Morselli ◽  
Mitch Macdonald ◽  
Owen Gallupe ◽  
Sheldon Zhang ◽  
...  
Keyword(s):  
At Risk ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Age And Gender ◽  
Offense Type ◽  
Visible Part ◽  
Capture Recapture ◽  
And Gender ◽  
Official Data

The size of criminal populations is unknown, and policy decisions are typically based only on the number of offenses and offenders that come to the attention of the criminal justice system. However, the size of criminal populations may follow different trends than what is observed in official data. We use a regression-adjusted capture–recapture model to estimate the number of people at risk of arrest for offenses involving amphetamine-type stimulants (ATS) from arrests and rearrests occurring in Quebec, Canada, controlling for year of first arrest, age, and gender. The 4,989 individuals arrested were the visible part of an estimated 42,541 [36,936, 48,145] individuals otherwise at risk of arrest (12%). Additional results show that trends in criminal populations and risks of arrest vary across offense type and drug classifications.

Children as Witnesses in Child Sexual Abuse Trials

PEDIATRICS ◽  
1987 ◽  
Vol 80 (4) ◽  
pp. 585-589
Author(s):  
Julius Landwirth
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Adverse Effects ◽  
Criminal Justice System ◽  
Justice System ◽  
Child Witnesses ◽  
Constitutional Rights ◽  
Presumption Of Innocence ◽  
Child Sexual Abusers ◽  
Child Sexual Abuse Trials

When alleged child sexual abusers are prosecuted and brought to trial, child witnesses are often exposed to procedural requirements of the criminal justice system that may cause further psychologic trauma. These procedures are driven by the dual interests of pursuing the truth and protecting the constitutional rights of the accused to a fair trial with a presumption of innocence. Proposals for judicial reforms designed to balance both interests while shielding children from potential adverse effects of the process are discussed.

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