scholarly journals Challenging cisgenderism through trans people’s narratives of domestic violence and abuse

Sexualities ◽  
2017 ◽  
Vol 22 (5-6) ◽  
pp. 803-820 ◽  
Author(s):  
Michaela Rogers

By drawing on empirical research that explored trans people’s experiences of domestic violence and abuse (DVA), this article problematises the ‘gender asymmetry debate’ in DVA discourse. It does so by highlighting cisgenderism and a heteronormative bias, which have led to the invisibility of a trans perspective. Qualitative data was collected via narrative interviews and this was examined using a voice-centred relational technique. A total of 24 interviews were undertaken with trans people ( n = 15) and domestic abuse practitioners ( n = 9). In relation to the presentation and impact of DVA, and in the context of trans and cisgender people’s abuse experiences, the research findings report both similarities and differences. Four narratives are presented here to illuminate both. This article adds new insight and challenges normative and dominant discourses by promoting the need for further theorising about the gendered nature of domestic violence and abuse.

2020 ◽  
pp. 107780122097136
Author(s):  
Michaela M. Rogers

Drawing on data from two empirical studies, this article employs cisgenderism as a conceptual tool to explore trans people’s experiences of domestic violence and abuse (DVA). Distinct modes of cisgenderism are analyzed. These are identity abuse, microaggressions, misgendering, and pathologizing practices. Qualitative data were collected via semistructured interviews ( n = 24). Two inclusion criteria were used for this secondary analysis requiring participants to self-identify as trans or nonbinary and have experience of DVA. The findings illuminate the extent of cisgenderism as underpinning experiences of DVA. The article ends with a call for further theoretical and empirical research in this regard.


Family Law ◽  
2018 ◽  
Author(s):  
Anna Carline ◽  
Roxanna Dehaghani

The chapter examines how, historically, domestic violence was considered to be a private matter that was none of the law's concern. While domestic violence is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. The chapter also explores some of the wider factors pertaining to the family justice system's response to domestic violence. It is important to recognise the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the extent to which victims of domestic violence may feel threatened during family law proceedings, particularly in cases involving the arrangements for children after separation.


Author(s):  
Kate Parkinson ◽  
Michaela Rogers

This chapter focuses on the use of family group conferences (FGCs) in cases of domestic violence and abuse (DVA). In the case of DVA, there is a disconnection between the family, domestic abuse services, child protection services, and child contact. Evidence highlights the potential of FGCs to galvanise relationships between families and professionals, and among professionals themselves. For example, research into the state-wide implementation of FGCs in Hawai'i found that the conference approach enabled professionals to understand each other's professional responsibilities, enhancing communication and leading to an improved service response to meeting the needs of families. More specific research into the use of FGCs in DVA cases undertaken in North Carolina found the potential of FGCs to offer an inclusive and coordinated response to families, bringing together families, domestic abuse support professionals, and child welfare professionals to plan for the safety of children.


Sociology ◽  
2016 ◽  
Vol 51 (2) ◽  
pp. 225-240 ◽  
Author(s):  
Michaela Rogers

This article proposes that an understanding of transphobic ‘honour’-based abuse can be employed as a conceptual tool to explore trans people’s experiences of familial abuse. This conception has evolved by connecting a sociology of shame, Goffman’s work on stigma and ‘honour’-based ideology. The discussion draws upon findings of a qualitative study which explored trans people’s experiences of domestic violence and abuse. Narrative interviews were undertaken with 15 trans people who had either experienced abuse or whose perceptions were informed experientially through their support of others. Transcripts were analysed using the Listening Guide. Findings indicate that trans people can experience abuse as a result of a family’s perceptions of shame and stigma. This article offers a novel way of conceptualising trans people’s experiences of family-based abuse, but it also holds potential for understanding other relational contexts, for example, those of intimate partnerships.


2018 ◽  
Vol 11 (3) ◽  
pp. 327
Author(s):  
Y. A. Triana Ohoiwutun ◽  
Surjanti Surjanti

ABSTRAKPutusan Nomor 173/Pid.Sus/2014/PN.Lmj memutus perkara tindak pidana kekerasan psikis dalam rumah tangga yang tidak didasarkan pada keterangan ahli jiwa. Tindak pidana kekerasan psikis dalam Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga diformulasikan sebagai delik materiil, dan adanya hubungan kausal antara perbuatan pelaku yang berakibat pada trauma psikis korban itulah yang seharusnya dapat dibuktikan. Fokus permasalahan yang dikaji meliputi urgensi keterangan ahli jiwa dalam Putusan Nomor 173/Pid.Sus/2014/PN.Lmj, dan hubungan antara pemeriksaan ahli jiwa dengan tindak pidana kekerasan psikis dalam rumah tangga. Penelitian ini menggunakan metode yuridis normatif. Data penelitian dianalisis secara kualitatif. Putusan Nomor 173/Pid.Sus/2014/PN.Lmj tidak berbasis pada pemeriksaan ahli jiwa, padahal hanya ahli jiwa yang dapat menguji secara ilmiah kebenaran adanya trauma psikis. Pemeriksaan ahli jiwa dapat diberikan oleh psikolog atau psikiater untuk tujuan menemukan kebenaran materiil. Urgensi pemeriksaan ahli jiwa terhadap korban kekerasan psikis dalam rumah tangga, bertujuan untuk menentukan adanya hubungan kausal antara perbuatan terdakwa dengan trauma psikis korban, dan adanya hubungan kausal antara trauma psikis sebagai akibat perbuatan terdakwa itulah yang mengindikasikan adanya kesalahan yang berkorelasi dengan pertanggungjawaban pidana dalam kasus kekerasan psikis dalam rumah tangga.Kata kunci: ahli jiwa, kekerasan psikis, kekerasan rumah tangga. ABSTRACTDecision Number 173/Pid.Sus/2014/PN.Lmj proceeds a case of psychological domestic violence that are not based on information from psychologists. Crime of emotional abuse in Law Number 23 of 2004 concerning the Elimination of Domestic Violence is formulated as substantive offense, and the causal relationship between the offender's conduct resulting in psychological trauma of the victim should be proven. The focus of the problem includes the urgency of the psychiatrist’s information in Decision Number 173/Pid.Sus/2014/PN.Lmj, and the correlation between the examination of psychiatrists and criminal acts of domestic emotional abuse. This is a normative juridical method research with qualitative data analysis. Decision Number 173/Pid.Sus/2014/PN.Lmj is not based on psychiatric examinations, whereas, only psychologists can scientifically examine the truth of psychological trauma. Psychiatric examination can be provided by a psychologist for the purpose of finding the substantial truth. The urgency of psychiatric examination on the victim of domestic emotional abuse aims to determine the causal relationship between the criminal act of the defendant and the psychological trauma of the victim; and the causal relationship between psychological traumas as a result of the defendant's crime indicates an error that correlates with criminal liability in such cases.Keywords: psychiatrist, emotional abuse, domestic abuse.


2018 ◽  
Vol 24 (2) ◽  
pp. 199-217 ◽  
Author(s):  
Marian Duggan

Since its national implementation in March 2014, the UK Domestic Violence Disclosure Scheme (also known as ‘Clare’s Law’) has enabled thousands of people in England and Wales to seek information from the police about whether their partner has a history of domestically abusive behaviours. Politicians have hailed the policy on the basis that it empowers people to make informed choices about their safety, thus representing a vital part of wider domestic violence reduction strategies. This, of course, is all dependent upon people knowing the policy exists; being able to apply to it; meeting the relevant criteria; there being information to disclose; and this being relayed to the applicant accordingly. Drawing on empirical research into the policy’s operation in one policing area, this paper highlights several discrepancies with respect to how the scheme is functioning. The analysis suggests that the hierarchical, two-tier approach to implementation is impacting on displaced responsibility and potential risk enhancement, while the symbolic mobilisation of domestic violence victims for contemporary political gain is also explored. The paper concludes with suggestions for reform to boost the ability of the policy to prevent domestic violence and abuse.


2021 ◽  
pp. 81-92
Author(s):  
Joachim Kersten ◽  
Catharina Vogt ◽  
Michele Burman ◽  
Jarmo Houtsonen ◽  
Norbert Leonhardmair ◽  
...  

This chapter covers the effects of the COVID-19 crisis on the incidence and severity of domestic abuse cases in Europe. First, the manifestation of the COVID-19 lockdown and its adverse effects on private life are described. Building upon this description, co-occurring risks factors with a high potential to initiate or intensify domestic abuse (e.g., cramped living conditions) are discussed. Responding to various calls on investigating the impact of COVID-19 on domestic abuse incidents, IMPRODOVA research on the first lockdown shows that the related concerns for various reasons are inconsistently reflected in domestic abuse-related statistics. In some IMPRODOVA partner countries, however, victimisation numbers went up, after the lockdown ended. Consequently, the complexity of detecting domestic abuse cases during lockdowns are discussed. In line with the strong concern about intensified victimisation, innovative responses by front-line professionals to detect and manage domestic violence and abuse cases are presented. Building on the beforehand presented assumptions, findings and explanations, the chapter closes by highlighting eighteen recommendations regarding risk assessment and victim support during pandemics.


2019 ◽  
pp. 174889581986462 ◽  
Author(s):  
Catherine Donovan ◽  
Rebecca Barnes

This article responds to Walby and Towers’ article, in which they propose a quantitative methodology that evidences gender asymmetry in ‘domestic violence crime’. Through examining core issues including harm, severity and repetition of domestic violence crime victimisation, they argue that Stark’s concept of ‘coercive control’ is obsolete and refute Johnson’s typology of intimate partner violence. However, their conclusions are based on problematic assumptions about, for example, the relative impacts of physical and non-physical violence; the usefulness of incident- rather than relationship-based understandings of domestic violence and abuse and a focus on victim/survivors’ ‘resilience’ and ‘vulnerability’ over perpetrators’ motives. Moreover, their cisnormative operationalisation of sex and gender and neglect of sexuality overlooks important evidence about lesbian, gay, bisexual and/or transgender people’s victimisation. This reinforces a limited ‘public story’ of domestic violence and abuse and arguably creates weaknesses in feminist analyses of domestic violence that could further fuel anti-feminist, gender-neutral approaches.


2020 ◽  
pp. 107780122092707
Author(s):  
Jo Aldridge

Proposed new legislation in England and Wales on domestic violence and abuse—the “Domestic Abuse Bill”—is underpinned by changes to criminal law, specifically the introduction of coercive and controlling behavior as set out in the Serious Crime Act 2015. The new Bill commits the British government to four main objectives with, it is claimed, prevention and protection at their heart. What is notable, however, is the rubric shift from “violence” to “abuse” in the proposed new legislation and its subscription to a gender symmetry paradigm that suggests a “watering down” of the government’s response to gendered violence.


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