Domestic abuse,civil protection orders and the `new criminologies': is there any value in engaging with the law?

Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional criminal justice responses should they fail to prevent further abuse. Drawing on international evaluations and a recent study conducted in Scotland (the Scottish study), the article examines whether legislation in the form of civil protection orders has the effect of curtailing the actions of abusers and if not, what occurs when the traditional criminal justice response comes into play. The strengths of civil protection orders and some explanations for the weaknesses of these orders are considered alongside the question of whether there is any value in women continuing to engage with the law in response to domestic abuse. An erratum to this article can be found at     

The identity of ‘the other’ for sexual violence victims: is there anything new in sexual violence prosecutions before the International Criminal Court?

Despite the spectacular development in the field of international criminal law, critical feminism stresses the narrow scope of the sex and gender crimes in the Rome Statute establishing the first permanent International Criminal Court. The current international criminal law discourse, as expressed by recent case law, is geared towards the protection of certain groups targeted on account of their distinctiveness within the framework of a conflict situation, and gender is not recognized as one of these group identities. The question whether international criminal law on sexual violence applies only to inter-group conflicts brings to the fore an uneasy likelihood of exclusion of some recently emergent situations where identities of the conflicting parties transcend a particular ethnicity or nationality, and where victims of sexual violence belong to the same group as their perpetrators. The article argues that, rather than the Rome Statute or newly introduced rules and regulations, a significant obstacle in developing gender justice is the narrow interpretation of sexual violence to inter-group hostilities.     

Gender Justice or Gendered Justice? Female Defendants in International Criminal Tribunals

Recent scholarship has given increasing attention to studying women’s involvement in conflict and mass violence. However, there is comparatively less discussion of the experiences of women as actors and perpetrators in conflict, and limited discussion of women as defendants in international criminal tribunals. This article explores this under-researched area. By analysing legal materials from the cases of six female defendants, this article investigates the extent to which legal discourses are shaped by stereotypes regarding femininity, conflict and peace. It identifies three gender narratives—mothers, monsters and wives—used in relation to female defendants, which highlight the incompatibility of femininity with violence, and deny women’s agency in political and military contexts. Thus, this article concludes that female defendants in international criminal tribunals are viewed through gendered lenses, and discussed in accordance with gendered themes. This gendered justice is problematic, as it reinforces patriarchal gender stereotypes, and may hinder attempts to facilitate gender justice.     

Vulnerability in Domestic Discourses on Trafficking: Lessons from the Indian Experience

In recent years, rather than addressing the needs of sex workers themselves or of trafficked persons, international anti-trafficking law has been mobilised towards an ideological end, namely the abolition of sex work. The vulnerability of ??third world?? female sex workers in particular has provided a potent image for justifying state intervention backed by the full force of the criminal law. Moral legitimacy has been afforded to this by a radical feminist discourse which views sex workers as nothing but hapless victims. Drawing on the work of Martha Fineman and legal realists like Robert Hale, this article redeploys vulnerability in trafficking debates to depart from its narrative of victimhood and to offer a renewed critique of liberal legalism, which has in the trafficking context been characterised by legal strategies of criminalisation and the attendant rescue and rehabilitation of trafficked persons. Specifically, it examines how three Indian social legislations regulating bonded labour, contract labour and inter-state migrant labour, and targeted at the domestic trafficking of men, conceptualise vulnerability in substantially different ways when compared to the 2000 Palermo Protocol on Trafficking (at least as it has been enforced to date). To the extent that these Indian laws construe the vulnerability of labour as systemic, trafficking is understood as a problem of labour migration to be addressed primarily by labour law. As such, this view of vulnerability, I argue, not only helps to de-exceptionalise trafficking as always equivalent to the trafficking of women for sex work, and therefore sex work, but also to substantively address the vulnerability of both male and female workers in other labour markets.     

Human Trafficking on Trial: Dissecting the Adjudication of Sex Trafficking Cases in Cyprus

The last decade or so the concept of female trafficking for the purpose of sexual exploitation has lent itself to rigorous analysis and exploration. A plethora of domestic and transnational studies and reports have attempted to address the aetiology of human trafficking, as well as its epidemiology, often drawing from sources such as statistics, narratives, documents, and observations. While the great majority of such studies are engaged, if not preoccupied, in ‘unmasking’ the particularities of sex trafficking by taking into account the detection, identification, rehabilitation, and repatriation of trafficked women, the prosecution and adjudication of sex trafficking cases are often left unexamined. With this in mind, this article sets out to explore the various forces that often come into play while sex trafficking cases in Cyprus are being processed by the domestic justice system. To this end, this article considers two dimensions, the trafficked women and the judiciary.     

FROM RESCUE MISSIONS TO DISCIPLINE

This paper maps a shift in emphasis in the representation of Muslim women in Western discourse from that of victims in need of Western rescue to that of active participants in Islamism and the ‘Islamisation’ of the West. Muslim women activists have developed an articulate response to representations that depict them as passive victims, emphasising that many women undertake their religious practices (in particular, those relating to dress) by ‘choice’ and play an active role in resisting patriarchal practices imposed in the name of their religion. Their responses to representations of Muslim women as perpetrators of Islamic extremism who must be disciplined into acquiescing to Western/Enlightenment/secular norms, however, are still evolving.     

Ouch! Western Feminists' ‘Wounded Attachment’ to the ‘Third World Prostitute’

‘Trafficking in women’ has, in recent years, been the subject of intense feminist debate. This article analyses the position of the Coalition Against Trafficking in Women (CATW) and the writings of its founder, Kathleen Barry. It suggests that CATW's construction of ‘third world prostitutes’ is part of a wider western feminist impulse to construct a damaged ‘other’ as justification for its own interventionist impulses. The central argument of this article is that the ‘injured body’ of the ‘third world trafficking victim’ in international feminist debates around trafficking in women serves as a powerful metaphor for advancing certain feminist interests, which cannot be assumed to be those of third world sex workers themselves. This argument is advanced through a comparison of Victorian feminist campaigns against prostitution in India with contemporary feminist campaigns against trafficking.The term ‘injured identity’ is drawn from Wendy Brown's (1995) States of Injury, Power and Freedom in Late Modernity. Brown argues that certain groups have con.gured their claims to inclusion in the liberal state in terms of ‘historical ‘injuries’. Antoinette Burton (1998) extends Brown's analysis to look at Victorian feminists’ relationship to Empire, arguing that the ‘injured identities’ of colonial ‘others’ were central to feminist efforts to mark out their own role in Empire. This paper builds on Burton's analysis, asking what role the ‘injured identities’ of third world sex workers play in the construction of certain contemporary feminist identities. The notion of ‘injured identities’ offers a provocative way to begin to examine how CATW feminists position the ‘traficking victim’ in their discourse. If ‘injured identity’ is a constituent element of late modern subject formation, this may help explain why CATW and Barry rely so heavily on the ‘suffering’ of ‘third world traficking victims’ in their discourses of women's subjugation. It also raises questions about the possible repressive consequences of CATW's efforts to combat ‘traficking in women’ through ‘protective’ legislation.     

A Meditation on Discomfort

To borrow from Irene Watson, this is a meditation on discomfort (2007). I begin at a cultural tourism site in northeast Arnhem Land, where Yolηu women were teaching Napaki (non-Indigenous) women about their kinship systems and responsibilities. The tourists were eager to learn: at times insistent and demanding. There was something too familiar about the scene: the settler women’s clawing desire for ‘Aboriginal culture’, only just keeping at bay the anxiety evoked by Aboriginal autonomy and political will. My concern is that in this historical moment there is a retreat, a wariness to disclose what it feels like to be the beneficiaries of living in a colonised country. It is shaming to discuss these awkward, if not ugly, emotions, and much easier to dismiss these as personal failings, sweep them aside, or to hide behind empathy for so-called vulnerable people or an enthusiasm for ‘culture’. Consequently those committed to social justice could fail to understand contemporary Australia, and also disregard an alternative feminist political practice. In this article, I reflect upon what might enable ‘good white people’ to stay in places of discomfort and be responsive and answerable to Aboriginal and Torres Strait Islander people [Watson, Irene. 2007. “Aboriginal Sovereignties: Past, Present and Future (Im)Possibilities.” In Our Patch, edited by Suvendrini Perera, 23–44. Curtin, WA: Network Books].     

In Search of Equal Citizenship: the campaign for women magistrates in England and Wales, 1910–1939

In early 1920 women in England and Wales sat as Justices of the Peace (JPs) for the first time, becoming the first women to have any formal role in the country’s law courts. Less than thirty years later nearly a quarter of JPs were women, a proportion unparalleled in any other activity of civic and public life other than voting. Yet the legislation that admitted women to the magisterial bench—the Sex Disqualification (Removal) Act—is usually pronounced a failure by historians. This article argues that the appointment of so many women to the magisterial bench in a relatively short period of time was a success for the women’s movement and that it was due very largely to the agency of some of the early women magistrates themselves and the efforts of the organisations to which they belonged, albeit working with the grain of reform in the criminal justice system. The article also maps the campaigners’ use of the twin concepts of ‘rights’ and ‘duties’ within their overall project for the advancement of equal citizenship.     

Going backwards: Law ‘reform’ and women bashing

The 1970s and 1980s have seen a resurgence of interest in and concern about criminal assault at home, although the euphemism ‘domestic violence’ is generally used to describe the phenomenon. In Australia, it was the women's refuge movement, begun with the setting up of a refuge in Fremantle, Western Australia and the Elsie Refuge in Sydney, which directed attention to the rights of women victims and the need to combat the violence.In every jurisdiction the lack of attention paid to the commission of criminal assault at home has been high on the list of problems facing women bashed and brutalised in private. However, rather than recognising that police have powers to deal with those men who abuse their wives and that steps must be taken to force the police to enforce the law, the emphasis has been upon the ‘need’ to ‘reform’ the law to give police more powers.This has been a backward step. Not only does it confirm that the police, in (wrongly) saying they have no power to arrest or to enter homes where violence against women is occuring or has occured are somehow telling the truth. It also places violence against women at home in a category different from violence against strangers on the street. As well, it gives the illusion of something concrete—and useful—being done to alleviate the masculine destruction which is too prevalent in Australian homes.     

The Transitional Justice Gap: Exploring ‘Everyday’ Gendered Harms and Customary Justice in South Kivu,DR Congo

Feminist transitional justice (TJ) has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic Republic of Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition.     

A Woman’s Work is… Unfinished Business: Justice for the Disappeared Magdalen Women of Modern Ireland

In this article I explore one core feature of contemporary campaigns for justice for Ireland’s Magdalen women concerning their deaths and disappearances, which continue to be denied by a State that has only recently started to acknowledge civilian deaths in other contexts such as armed conflict. I examine the treatment of the disappeared and deceased Magdalen women in the economic and political context of the Irish use of religious institutions and consider the significance of this regime for women’s citizenship in the postcolonial nation-building processes of the twentieth century. I aim to illustrate the connections between gender, violence and citizenship that are implicated in outcomes for justice for Magdalen survivors and victims, as well as conceptions of Irish women’s citizenship in general. In this discussion I consider the Magdalen campaigns for justice as significant for the individual women and families involved, as well as the entire nation’s conception of self as represented in history.     

Women's power in heterosexual sex

The ‘male sexual drive’ discourse sees men as sexually insatiable and male sexuality as naturally an uncontrollable drive. Feminist analysis denies its ‘naturalness’ and its constitution as a ‘drive’, seeing it instead in terms of the power conferred on men in patriarchy. However, seeing the penis/male power as monolithic still ends up casting women as victims. Instead this paper looks at actual heterosexual relationships and examines ‘power’ as a more complex process of negotiation. Heterosexual women often fail to recognize that men need relationships; and that women have sources of power in relationships with them; and the paper argues that this occurs through gender-differentiated positions in discourses such as the ‘have/hold’ discourse as well as the ‘male sexual drive’ discourse.     

Giving Afghan Women a Voice: women's writing in Afghanistan

This article considers how far women's rights have improved in Afghanistan since the intervention by the international community in 2001. It examines this question through the author's experience of working with an Afghan women's writing group. It looks at the tension between allowing Afghan women to voice their experiences, and the danger of their writing embracing depictions of the female as ‘victim’. It concludes that while depictions of Afghan womanhood may appear to promote ‘negative’ images, the women themselves offer positive role models.     

Cause for concern: young women and leisure, 1930–50

During the late 1930s and throughout the 1940s the leisure of young women attracted much interest from youth workers, psychologists and educationalists. Indeed, in 1939 their leisure became an organised and respectable focus of state intervention. This article addresses how, and in what ways, the leisure of young women came to acquire significance as an issue of concern, object of analysis, and sphere of intervention. The argument developed here is that public approaches to young women's leisure need to be understood in terms of the ways in which ‘leisure’ was discursively constructed during the inter-war period as a social phenomenon of considerable significance, and how this intersected with discourses on female adolescence within a framework of concern for the stability of British society and democracy. Such concerns about society were strong throughout the inter-war period but were intensified during and immediately after the Second World War. The interconnection of these three themes of ‘leisure’, ‘adolescence’ and societal stability are illustrated with reference to discussions in the 1930s and 1940s about what constituted the problem of young women's leisure and suggestions concerning young women's leisure needs.     

Rape as ‘Torture’? Catharine MacKinnon and Questions of Feminist Strategy

How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should be pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants.     

Calling a Spade a Spade: Tackling the ‘Women and Peace’ Orthodoxy

In her lecture, ‘Are women peaceful?’, Professor Hilary Charlesworth outlines what she perceives to be the current orthodoxies of the international women and conflict discourse. These include assumptions that women are natural peace-builders, suffer more from conflict, have a right to participate in peace processes, and that gender should be mainstreamed. Based on Charlesworth’s analysis, the authors argue that wars and peace processes are inherently gendered affairs and as a consequence a focus on equality or mainstreaming of gender remains challenging. The authors also note that although equality is a useful platform for ensuring women’s participation in peace processes, feminists should not expect equality arguments to do more than they were designed to do, that is, to ensure seats for women at decision-making tables. Ensuring that women can put forth their concerns and that they are listened to demands a different set of tools.     

For lust or gain: perceptions of prostitutes in eighteenth-century London

This paper examines perceptions of lower-class female prostitutes in eighteenth-century London. This study challenges the prevailing argument that these perceptions fundamentally changed from ‘lusty whores’ to victims of poverty. An examination of Bridewell records, sermons, pamphlets, and the newspaper press, reveals that commentators believed that lust, poverty, and greed collectively explained what drove women to prostitution. Commentators recognized that, unable to make ends meet, many women turned to prostitution to survive, while also suggesting that others turned to prostitution because they believed they could gain considerable wealth by doing so. These same commentators asserted that some women were unusually lustful and that only prostitution would satisfy their insatiable desires. The simultaneous depiction of prostitutes in contradictory ways suggests that prostitution was not offensive to Georgian Britons solely because it involved women exchanging sexual favours for money, but because prostitution transgressed Britons’ deepest sensibilities about morality.     

a gendered critique of transboundary water management

The starting point of this paper is that most of the international transboundary water management (TWM) processes taking place globally are driven by ‘the hydraulic mission’—primarily the construction of mega-infrastructure such as dams and water transfer schemes. The paper argues that such heroic engineering approaches are essentially a masculinised discourse, with its emphasis being on construction, command and control. As a result of this masculinised discourse, the primary actors in TWM processes have been states—represented by technical, economic and political elites operating in what generally gets termed ‘the national interest’. Left out are the local communities relying on the resource directly: the water users; the poor; women; and other important groups. Instruments such as the UN Watercourses Convention of 1997 make an effort to present an attempt at a gender-balanced approach—through asserting the importance of the ‘no-harm rule’ and the ‘equitable share approach’. However, they end up supporting the status quo through the omission of any reference to gender issues. The paper provides an overview of the masculinised discourse on TWM institutions, proposing that this is the case because of the intersection of two masculinised fields—water resource management and the disciplines engaged in the research of transboundary water management, namely, political science and international relations. The paper investigates two southern African examples that illustrate the potential for including a gendered perspective and pro-poor policies that take into account the needs of the water users or ‘stakeholders’. The analysis includes the international and regional legal agreements on transboundary water issues, searching for evidence of a gendered approach. It is concluded that the laws and organisations responsible for transboundary water management currently do not reflect a gendered approach, despite the international recognition given to the necessity of including women in water management structures at all levels.     

Police officers’ perceptions of false allegations of rape

Abstract

The idea that women lie about rape is a long standing rape myth with little or no supporting evidence. Previous research has demonstrated a belief in high levels of false allegations among police officers, despite no evidence to suggest rape is falsely reported more than other crimes. This has implications for complainants’ willingness to report sexual violations, for the treatment of complainants within the justice system, and wider societal understandings about what constitutes rape. The data that informs this paper comes from an Economic and Social Research Council-funded study that focussed on rape attrition and the institutional response to rape. Forty in-depth qualitative interviews were conducted with serving police officers in a UK force who regularly deal with reported cases of rape, and explored perceptions, practices and processes around rape. The research found police officers’ estimate of false allegations varies widely from 5 to 90%. The paper will discuss how police officers make judgements about perceived veracity of complainants in rape cases. This will demonstrate that whilst significant progress has been made in how police officers and police forces respond to rape, gender stereotypes about women as deceitful, vengeful and ultimately regretful of sexual encounters, continue to pervade the thinking of some officers. It will show that police officers differentiate between ‘types’ of reports they consider to be false, and operate with a notional ‘hierarchy’ of presumed false allegations that ranges from vengeful/malicious to mistaken/confused, with a corresponding reducing level of culpability attributed to women for the supposedly false allegation. It concludes that this serves to reinforce a culture that both supports and reproduces gender inequality and its manifestation in the form of sexual violence, and that intervention, training and institutional and policy frameworks are not wholly successful in addressing sexual violence in this context.