By Danielle Keats Citron

For too long, cyber abuse has been misunderstood and ignored. The prevailing view is that cyber abuse is not “really real,” though in rare cases authorities take it seriously. Justices of the U.S. The Supreme Court, for instance, demanded and received extra protection for themselves after facing online threats, but, in oral argument, dismissed a woman as “overly sensitive” for reporting hundreds of threatening texts to law enforcement. In other words, protection for me (the powerful) but not for thee. For everyday women and minorities, cyber abuse is unseen and unredressed, due to invidious stereotypes and gender norms. Empirical proof now exists that makes non-recognition difficult to justify. Studies show that cyber abuse is widespread, the injuries profound, and disproportionately borne by women, who often have intersecting disadvantaged identities. (Hence, the moniker cyber gender abuse). After years of advocacy and scholarship, it pains me to acknowledge the continued invisibility of cyber gender abuse, but progress is possible if we recognize our failings and commit to structural reform. Internet exceptionalism must end for the businesses best situated to prevent destructive cyber gender abuse. Congress should condition the immunity afforded content platforms on a duty of care to address cyber gender abuse and eliminate the legal shield for platforms whose business is abuse. Companies must commit to safety by design as a core principle.

Yale Law Journal Forum, Forthcoming. Virginia Public Law and Legal Theory Research Paper No. 2023-57

By UN Women

The current survey arises as a joint initiative of the Observatory for Women's Equity (OEM) and the International Center for Private Enterprise (CIPE). The objective of this research is to characterize gender-based violence online, with a particular emphasis on businesswomen and/or female workers from companies registered in the chambers of commerce of Bogotá, Medellín, and Cali. The goal is to gain a deeper understanding of the nature and manifestations of gender-based violence in the digital environment, in order to propose policies that promote safe and equitable environments for all women in the business and labor sphere. The OEM is an initiative that emerged from the alliance between the WWB Colombia Foundation and the Universidad Icesi, with a mission to build, consolidate, and make visible projects that contribute to women's equity and inclusion. As a body for measurement, dissemination, institutional advocacy, and public policy, the Observatory focuses on analyzing factors that affect women's autonomy and equity in the Valle del Cauca region. Through systematic and timely measurement and analysis, it seeks to generate high-quality, accurate, and reliable information that contributes to regional and national debates on women's living conditions across various dimensions, promoting interventions in public policy and institutional programs that foster gender equity.

On the other hand, CIPE is one of the four core institutes of the National Endowment for Democracy (NED). Since 1983, CIPE has worked with business leaders, politicians, and journalists to build civic institutions that are vital for a democratic society. CIPE addresses fundamental issues for democracy and economic development, including women's participation in the business and labor sphere. Its commitment to promoting gender equity, framed within the work carried out by its Center for Women's Economic Empowerment (CWEE), makes it a strategic ally to conduct this survey on gender-based violence in the digital environment, with the purpose of shedding light on and combating the violence that affects women in the business and labor context. Both organizations, aware of the importance of addressing gender issues comprehensively and cross-cutting, have joined forces to carry out this survey to achieve a greater understanding of gender-based violence online. The alliance seeks to generate accurate and reliable data that reflect the experiences and perceptions of businesswomen and female workers in the digital environment, in order to propose strategies and policies that promote equal opportunities and the eradication of gender violence. The collaboration between OEM and CIPE represents a joint effort to promote workplaces and business environments free from violence and discrimination, where women can fully thrive, exercise their rights, and contribute to the economic and social development of their communities.

New York: UN Women, 2023. 48p.

By A. Bukten , I. Skjærvø , M.R. Stavseth

Introduction: Despite a high prevalence of opioid use disorder (OUD) among people in prison, there is little knowledge of how many receive the recommended opioid agonist treatment (OAT) and what characterizes those who receive OAT and those who do not when it comes to mental health comorbidities. We aimed to describe people with OUD in Norwegian prisons over a ten-year period and their OAT status, and to investigate comorbidity of mental health disorders stratified by gender.

Methods: Data from the PriSUD study, including all people (≥19 years old) imprisoned in Norway between 2010 and 2019, linked to national patient registry data, including ICD-10 codes. We calculated the prevalence (1-year and 10-year) of OUD and OAT, and mental health comorbidity stratified on OAT-status and gender.

Results: Among the cohort (n=51,148), 7 282 (14.2%) were diagnosed with OUD during the period of observation. Of those, 4 689 (64.4%) received OAT. People with OUD had high levels of comorbidity, including other drug use disorders (92.4% OAT, 90.3% non-OAT), alcohol use disorder (32.1% OAT, 44.4% non-OAT) and any other mental health disorders (61.6% OAT, 68.2% non-OAT). The proportion receiving OAT among people with OUD increased markedly during the ten years of observation; from 35.7% in 2010–70.9% in 2019.

Conclusion. People with OUD, both receiving OAT and not, had substantially more mental health comorbidities than the non-OUD population. Understanding how the prison population changes over time especially in terms of mental health needs related to OUD, is important for correctional health service planning.

Drug and Alcohol Dependence. Volume 250, 1 September 2023, 110896

By the United States Government Accountability Office; Triana McNeil

Since 1999, more than 800,000 people have died from a drug overdose in the United States, with over 86,000 occurring during the 12-month period ending in July 2020, according to the most recent provisional data available from the Centers for Disease Control and Prevention’s National Center for Health Statistics. In recent years, some states have enacted Good Samaritan and Naloxone Access laws to help reduce overdose deaths and respond to opioid overdoses. The Comprehensive Addiction and Recovery Act of 2016 included a provision for GAO to review these laws. This report addresses the following: (1) the efforts ONDCP has taken to collect and disseminate information on Good Samaritan and Naloxone Access laws, (2) the extent to which states, territories, and D.C. have these laws and the characteristics of them, and (3) what research indicates concerning the effects of Good Samaritan laws. To answer these questions, GAO collected and reviewed ONDCP documents and interviewed agency officials. GAO also reviewed and analyzed selected characteristics of jurisdictions’ Good Samaritan and Naloxone Access laws. Further, GAO conducted a literature review of empirical studies published from 2010 through May 2020 that examined the effects of Good Samaritan laws. GAO provided a draft of this report to ONDCP for comments. ONDCP provided technical comments which we incorporated, as appropriate.

Washington, DC: U.S. Government Accountability Office, 2021. 57p.

By The Council for Court Excellence

What follows is an edited transcript of a virtual public forum held on September 15, 2021, by the Council for Court Excellence (CCE) and the Office of the District of Columbia Auditor (ODCA), highlighting issues presented by the partial legalization of marijuana in the District of Columbia. This event was the last of four forums focused on timely criminal justice issues in the District. Each forum featured a panel of experts, local stakeholders and impacted individuals brought together to address barriers to effective policy, explore whether community needs are being addressed, and review options for action on each forum topic. Here we share the discussion from the fourth forum, “Confusion and Exclusion: Impacts of the Hazy State of D.C. Marijuana Legalization on People with Criminal Records,” focused on marijuana law and policy in D.C., the risks and barriers posed to people with criminal records, and the opportunities to transform our system moving forward. Participants provided thought-provoking commentary, constructive criticisms, and concrete policy proposals. The edited transcript allows readers to consider the nuances of each expert’s perspective and their real-time responses to one another’s ideas. Martin Austermuhle, a reporter and editor with WAMU 88.5 who frequently reports on the cannabis industry and local government, moderated the forum. The discussants included: • Queen Adesuyi, a policy manager at the Drug Policy Alliance; • Corey Barnette, owner and CEO of both District Growers LLC and Kinfolk Dispensary; • The Hon. David Grosso, a partner at Arent Fox LLP, previously served on the D.C. Council as an At-Large Member from 2013-2021 and was an early proponent of marijuana decriminalization; • Emily Gunston, Deputy Attorney General for Legislative Affairs and Policy for the D.C. Office of the Attorney General; and • Crystal Marshall, returning citizen and member of the Community Family Life Services Speakers Bureau. The panelists opened by discussing the history of cannabis law and policy in the District, and the jurisdictional issues presented by Congressional oversight. Each year since 2014, the House of Representatives has included a budget rider forbidding the D.C. Council from enacting any tax or regulatory structure related to recreational marijuana use, which has prevented the District from fully legalizing the sale of cannabis. D.C. is left in limbo: possession and private use of small amounts of marijuana are legal but purchasing and selling marijuana remain illegal. Plus, because the federal government controls D.C.’s pre-trial supervision, probation, parole, and supervised release, people under correctional supervision are still at risk of violating the terms for their supervision for legal use of cannabis. D.C. was one of the first jurisdictions in the United States to legalize medical marijuana use. Given the devastating impact of the “War on Drugs” on Black and Brown individuals, families, and communities, panelists noted that D.C. was at the forefront of social- and racial-justice oriented cannabis laws passed over the last 20 years. Panelists discussed the ways in which the District has prioritized Black and Brown people and communities in the medical cannabis industry including those who are patients and those who own, operate, and staff dispensaries. The discussants agreed that the racial equity goals of marijuana laws—to close wealth gaps among racial groups, to reinvest in those communities of color hit hardest by the “War on Drugs,” and to ultimately end discrimination in enforcement of drug laws more broadly—have not yet been met. Several panelists mentioned the necessity of a tax-and-regulate structure that would enable D.C. to collect proceeds from marijuana sales and, most importantly, reinvest those proceeds in social, educational, employment, and other programs to support members of historically marginalized Black and Brown communities. A particular focus of this discussion was the impact of D.C.’s perplexing marijuana laws on people in the District who have criminal records including marijuana-related charges. The panel described the personal toll that such confusion can take: it can lead those with criminal records to fear any interaction with cannabis, even interactions that are legal in D.C., because of the potential an arrest or conviction poses to their housing, employment, or immigration status. The disproportionately Black and poor District residents with criminal records are also prohibited under the current law from participating in the medical cannabis industry, depriving them of the opportunity to capitalize on economic benefits that other D.C. residents are free to pursue. Panelists also discussed the ways in which the Metropolitan Police Department’s enforcement of the complicated laws can impact crime, safety, and the economy. Participants cited cause for optimism, however, and shared their views on proposed legislation that would change the status of legal cannabis in D.C.: the MORE Act and the Cannabis Administration and Opportunity Act in Congress, and two bills proposed by Mayor Muriel Bowser and by Chairman Phil Mendelson of the D.C. Council. The panelists agreed that any new law should prioritize investment in Black and Brown communities and preserve the robust medical marijuana industry that has grown in D.C. Specific suggestions included removing the Congressional rider on the D.C. budget; establishing designated “use sites” for those in public housing or other housing that prohibits marijuana use; granting special business licenses to individuals who were directly harmed by the War on Drugs; funding industry training specifically for people with criminal records; and reframing marijuana as a medical and recreational aid, rather than a vice. The bibliography provides further reading on marijuana law and policy, local control of the District’s criminal justice system, the impacts of both on people with criminal records, and other issues discussed throughout the forum. Biographies of the discussants are also included at the end of this report. Finally, a full video of the panel can be found at: https://youtu.be/uFV6SNeuHv0. The transcript in this report has been lightly edited for length and clarity

Washington, DC: Office of the DC Auditor, 2021. 40p.

By John Woodhouse

There is no general prohibition on drinking in the street but certain offences relating to alcohol may be committed in “public places” (this generally means “any place to which the public have access, whether on payment or otherwise” (the Licensing Act 1872 and subsequent Licensing Acts)).

Councils can use public spaces protection orders to restrict the consumption of alcohol in a public space where it is associated with anti-social behaviour. It is an offence to fail to comply with a request to stop drinking or to surrender alcohol in a controlled drinking area.

The police can disperse individuals engaged in anti-social behaviour where alcohol is a factor. It is an offence to fail to comply with a direction to leave an area.

Other offences include being drunk and disorderly in a public place and being drunk in any highway or other public place. This Briefing refers to the law in England and Wales.

Research Briefing. London: UK House of Commons, 2023. 11p.

By Stephen Whitehead, Sarah Page, Hannah Jeffery, and Fiona McCormack

Women who use drugs and alcohol have different needs than men. They face greater stigma, are more likely to carry the trauma of domestic abuse and are more likely to be caring for children. All of this taken together means that they may struggle to achieve recovery in a treatment system where they are outnumbered by men two to one.

This research set out to expand the evidence base on the needs of women who use drugs and alcohol and the ways that those needs are currently being met through a qualitative research project focused on the West Midlands, commissioned by The JABBS Foundation and the Office of the West Midlands Police and Crime Commissioner.

London: Centre for Justice Innovation, 2023. 45p.

By Ashna Arora and Panka Bencsik

In the United States, law enforcement officers serve as first responders to most health crises, allowing them to connect many more individuals to treatment services than other government actors, a fact that has come into increasing focus due to the opioid epidemic. In response, police departments across the country have begun to divert individuals that possess narcotics away from arrest and towards treatment and recovery. Evidence on whether these programs are able to engender meaningful change—initially by increasing participation in substance use treatment, and eventually by reducing the likelihood of continued drug use and criminal justice involvement—remains limited. This paper aims to shed light on the potential of these programs by exploiting the eligibility criteria for and staggered rollout of narcotics arrest diversion in Chicago between 2018 and 2020 using a difference-indifference-in-differences framework. We find that the program reaches individuals with medically diagnosed substance use disorders, increases connections with substance use treatment, and reduces subsequent arrests. We conclude that Chicago’s drug diversion program is able to simultaneously reduce the reach of the criminal justice system, expand the number of individuals with substance use disorders connected with treatment, and improve public safety.

Chicago: University of Chicago, Crime Lab, 2021. 38p.

By Sarah Hodgkinson, Anthony Dixon, Eric Halford and Graham Farrell

Research on pandemic domestic abuse trends has produced inconsistent findings reflecting differences in definitions, data and method. This study analyses 43,488 domestic abuse crimes recorded by a UK police force. Metrics and analytic approaches are tailored to address key methodological issues in three key ways. First, it was hypothesised that reporting rates changed during lockdown, so natural language processing was used to interrogate untapped free-text information in police records to develop a novel indicator of change in reporting. Second, it was hypothesised that abuse would change differentially for those cohabiting (due to physical proximity) compared to non-cohabitees, which was assessed via a proxy measure. Third, the analytic approaches used were change-point analysis and anomaly detection: these are more independent than regression analysis for present purposes in gauging the timing and duration of significant change. However, the main findings were largely contrary to expectation: (1) domestic abuse did not increase during the first national lockdown in early 2020 but increased across a prolonged post-lockdown period, (2) the post-lockdown increase did not reflect change in reporting by victims, and; (3) the proportion of abuse between cohabiting partners, at around 40 percent of the total, did not increase significantly during or after the lockdown. The implications of these unanticipated findings are discussed.

Crime Science 2023 12:12

BY Stephanie Beckwith, Lauren Lowe, Liz Wall, Emily Stevens, Rachel Carson, Rae Kaspiew, Jasmine B. MacDonald, Jade McEwen and Melissa Willoughby

This report presents a literature review on coercive control in the context of domestic and family violence, with a particular focus on the understanding of, and responses to coercive control in the Australian context.

Commissioned by the Australian Attorney-General’s Department, this review focuses on identifying, summarising, analysing and synthesising the existing Australian academic research and evaluations on coercive control. The review highlights the complexities of defining, recognising and responding to coercive control and identifies relevant gaps in the evidence base.

Drawing from a range of quantitative and qualitative studies across scholarly and grey literature, including non-government reports, government and parliamentary reports, peak body reports, and position papers, this review captures the growing recognition of coercively controlling behaviour in the context of family and domestic violence.

Southbank VIC: Australian Institute of Family Studies, 2023. 54p.

By Gemma Hamilton, Alexandra Ridgway, Anastasia Powell, Georgina Heydon

This research explores the co-occurrence of family violence and sexual harm in Victoria, shedding light on the complex nature and interconnectedness between these two forms of abuse and its impact on victim survivors.

Drawing on victim/survivor and stakeholder interviews, as well as a sector wide survey, the reports present key outcomes of a research project funded by Family Safety Victoria with particular attention towards the implications of key findings for the development of policy, intervention and support. By deepening understandings of the complex interplay between family violence and sexual harm, the research seeks to assist professionals in this space to better address the needs of victim/survivors and work together to strengthen system responses.

Melbourne: RMIT University, 2023. 59p.

By The United Nations Entity for Gender Equality and the Empowerment of Women; Alicia Deus and Diana Gonzale

The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women was adopted in Belém do Pará, Brazil by all the countries in Latin America and the Caribbean in 1994, formalizing the definition of violence against women as a violation of their human rights.

The Belém do Pará Convention establishes for the first time the development of mechanisms to protect and defend the rights of women, in the fight to eliminate violence against their physical, sexual and psychological integrity, both in the public and in the private spheres.

The Belém do Pará Convention asks the States Parties to adopt legislative measures of a criminal nature (among others) that “are necessary to prevent, punish and eradicate violence against women” (Article 7.c of the Convention) .

Recommendation No. 35 on gender based violence by the Committee for the Elimination of All Forms of Discrimination against Women (CEDAW) states that: “Women’s right to a life free from gender-based violence is indivisible from and interdependent with other human rights, including the right to life, health, liberty and security of the person, the right to equality and equal protection within the family, freedom from torture, cruel, inhumane or degrading treatment, freedom of expression, movement, participation, assembly and association.”

eminists, surviving victims and academics in Latin America and the Caribbean managed to conceptualize as an offense of femicide/feminicide, developing a great regional debate, documenting and generating evidence in each country and comparing the phenomenon. It is from their great efforts that the typification of feminicide/femicide is achieved and it has been justified based on the standards of international human rights law.

In the framework of the CSW57 in 2013, in the agreed conclusions it was possible to incorporate the concept of femicide as a criminal offense expressing “concern for the violent murders of women and girls for reasons of gender, while recognizing the efforts made to face this form of violence in different regions, particularly in countries where the concept of femicide has been incorporated into national legislation.“

A first tool developed by the Office of the High Commissioner for Human Rights and UN Women in the Latin American and Caribbean region was the Latin American Model Protocol for the investigation of gender-related killings of women (femicide/feminicide) in the framework of the UN Secretary General’s Campaign UNITE to end violence against women.

On this occasion, both MESECVI and UN Women intend to provide the region with a model law on femicide/feminicide to address the most serious women´s human rights violation. To do so, we will first analyze the existing legislation, provoking debate and improvement in cases where it is required.

Piso 3Ciudad del SaberClayton, PANAMA, UN Women, 2018. 77p.

By Paul G. Cassell

Recently, major cities across the country have suffered dramatic spikes in homicides. These sudden spikes are remarkably large and widespread. At this rate, 2020 will easily be the deadliest year in America for gun-related homicides since at least 1999, while most other major crime categories are trending stable or slightly downward.

This article attempts to explain why so many cities have seen extraordinary increases in murder during the summer of 2020. A close analysis of the emerging crime patterns suggests that American cities may be witnessing significant declines in some forms of policing, which in turn are producing the homicide spikes. Crime rates are increasing only for a few specific categories—namely homicides and shootings. These crime categories are particularly responsive to reductions in proactive policing. The data also pinpoint the timing of the spikes to late May 2020, which corresponds with the death of George Floyd while in police custody in Minneapolis and subsequent antipolice protests—protests that likely led to declines in law enforcement.

The thesis of this article is that the recent spikes in homicides have been caused by a “Minneapolis Effect,” similar to the earlier “Ferguson Effect.” Specifically, law enforcement agencies have been forced to divert resources from normal policing to patrolling demonstrations. And even as the anti-police protests have abated, police officers have scaled back on proactive or officer-initiated law enforcement, such as street stops and other forms of policing designed to prevent firearm crimes. If this thesis is correct, it is reasonable to estimate that, as a result of de-policing during June and July 2020, approximately 710 additional victims were murdered and more than 2,800 victims were shot. Of course, this estimate relies on various assumptions, and further research on the issues surrounding the homicide spikes should be an urgent priority.

If this article’s thesis about a Minneapolis Effect is correct, an important implication is that policy makers in major cities should proceed cautiously before taking steps to “defund” the police in ways that might reduce the proactive policing that is important in preventing gun violence.\

Federal Sentencing Reporter (2020) 33 (1-2): 83–127.

By The Commission of Inquiry into Queensland Police Service Responses to domestic and family violence.

The institutional culture of a police force is of vital importance to a community. A police force is numerically strong, politically influential, physically powerful, and armed. It stands at the threshold of the criminal justice system and is in effective control of the enforcement of the criminal law. Each police officer has extensive authority over all other citizens, however powerful, coupled with wide discretions concerning its exercise. Subsequent stages in the criminal justice process, including courts and prisons, are largely dependent on the activities of the Police Force, and will inevitably be affected by its deficiencies, especially any which are cultural and therefore widespread. Investment in cultural change and strong leadership will remove any last vestiges of a culture that does not value women nor understand the costs to us all of allowing domestic and family violence to continue.

The Commission of Inquiry into Queensland Police Service responses to domestic and family violence (the Commission) was established to examine whether there are cultural issues within the QPS that negatively affect police investigations of domestic and family violence. The Commission was also tasked with investigating if any cultural issues identified contribute to the overrepresentation of First Nations peoples in the criminal justice system. It was also required to consider the adequacy of the current conduct and complaint handling process against officers. This companion report is a compilation of case studies, perspectives and experiences shared with the Commission by victim-survivors, police, and other persons. The information is intended to be a snapshot of the evidence gathered from hundreds of submissions and comments provided to the Commission. The stories and case studies about victim-survivors’ experiences have been taken from submissions from victim-survivors’ and organisation and the free text answers from the victim-survivor survey conducted by the Commission. The survey was answered by 848 people. Information and case studies from or about police members, have been taken from 365 submissions, 53 interviews of current and retired QPS members by Mark Ainsworth, free text answers from the QPS DFV-Q survey 2022 (completed by 2,733 members) and a sample of the approximately 6,200 free text responses to the Working for Qld Survey 2021. Case studies were primarily taken from police material provided under notice to produce documents. The views expressed do not profess to be the views held by all members of the QPS. They are instead a representative sample of the evidence the Commission has drawn its conclusions from. This report is intended to be read alongside A call for change (2022), which outlines the Commission’s findings and recommendations. Where names have been used, these are pseudonyms to provide anonymity. Any other identifying details have also been removed to protect the confidentiality of the people involved. Many of the extracts in this report come from submissions that were provided to the Commission on a confidential basis. In each case consent to publish the submission has been obtained from the author. To the extent possible, the Commission has sought to accurately represent the diverse views and experiences that have been shared. The Commission does not necessarily endorse or support the views outlined within this report.

Brisbane: The Commission, 2022. 56p.

By Commission of Inquiry into Queensland Police Service

The Commission of Inquiry into Queensland Police Service (QPS) responses to domestic and family violence was established as part of the Queensland Government’s response to the recommendations of the Women’s Safety and Justice Taskforce in Hear her voice: Report One (2021). The Commission’s terms of reference tasked it to inquire into any cultural issues within the QPS that influence the investigation of domestic and family violence, and how those cultural issues contribute to the overrepresentation of First Nations peoples in the criminal justice system. The terms of reference also required the Commission to inquire into the capability, capacity and structure of the QPS to respond to domestic and family violence, and the adequacy of the processes for dealing with complaints about police officers to ensure the community confidence in the QPS. To assist it with those inquiries, the Commission gathered information from victim-survivors, the community organisations that support them and police officers. It did this using a variety of methods including by calling for submissions, conducting surveys of victim-survivors and police officers, conducting meetings and interviews, holding public hearings and using its powers to require the production of relevant information and records, including from the QPS. The Commission also examined previous reports and reviews of QPS responses to domestic and family violence and engaged experts to inform its understanding of matters relevant to the terms of reference. The Commission was greatly assisted by the information and perspectives provided by victim-survivors and community organisations. However, what makes the work of this Commission different to previous reviews of QPS responses to domestic and family violence is the extent to which police officers provided information and views about what is working well and what needs improvement. Police officers have a lived experience of the culture of the organisation. Through the input of police officers, the Commission learned of cultural issues of sexism, misogyny and racism which impact on QPS responses to domestic and family violence. By sharing their experiences and views, police officers also informed the Commission about the impact that resourcing issues, structural limitations, and burnout and fatigue has on the QPS response. Police officers told the Commission that, although most police officers conduct themselves admirably towards their colleagues and victim-survivors, the cultural and structural issues in the organisation mean there is need for improvement in the organisation’s response. Through the information and views shared with the Commission, victim-survivors, community organisations and police officers all made a call for change and expressed a hope for improvement.

Brisbane: The Commission, 2022. 412p.

By Heather Nancarrow, Kate Thomas, Valerie Ringland, Tanya Modini

When police are called to an incident of domestic and family violence (DFV), one of their tasks under DFV law is to determine whether a party is in need of protection from future harm. A concern that has arisen out of the application of DFV law is the inappropriate use of legal sanctions, in particular protection orders, against women who use violence in response to violence perpetrated against them. This often occurs where there are conflicting claims of abuse and can result in cross-applications and cross-orders for protection.

This research project focused on identifying areas of improvement in police and court practice in relation to identifying the person most in need of protection, taking account of an ongoing pattern of abuse characterised by coercive control.

Key findings:

• Women—especially Aboriginal and Torres Strait Islander women—are being misidentified as perpetrators on protection orders and the effects of this are far-reaching.

• Police culture impacts on the accurate identification of the aggrieved/respondent, for example, through pervasive, stereotypical assumptions about victim behaviour. Police practice also focuses on single incidents of visible or physical violence, which compromises the intent of DFV legislation to provide protection from future harm (by identifying patterns of coercive control).

• Police sometimes err on the side of caution in making applications, deferring to the magistrate to determine if an order is warranted. However, magistrates in turn may rely on the initial assessments made by police, as may prosecutors. This can create a pinball effect where each decision-maker defers to another’s assessment of the appropriateness of an order. Accordingly, this means that accountability for that assessment is unclear.

• Perpetrators use a range of tactics of systems abuse, such as making false allegations, which can result in inaccurate identification of the person most in need of protection. Once a woman has been identified as a perpetrator, this can then also be used a tool for systems abuse by perpetrators (for example, through threats to call the police).

Key recommendations:

• Create guidance for police on identifying patterns of coercive control.

• Improve processes of decision-making and accountability between police and courts.

• Create guidance for magistrates on how and when they can dismiss inappropriate applications and/or orders

Sydney: ANROWS, Australia’s National Research Organisation for Women’s Safety 2020. 134p.

By Hayley Boxall, Anthony Morgan

Awareness of coercive control within the context of abusive intimate relationships is greater than ever before in Australia. However, there is limited research examining the different patterns and characteristics of abuse, particularly among large Australian samples.

This study examines the characteristics of violence and abuse reported by 1,023 Australian women who had recently experienced coercive control by their current or former partner. The most frequently reported behaviours were jealousy and suspicion of friends, constant insults, monitoring of movements and financial abuse. Over half of the respondents also reported experiencing physical forms of abuse (54%), including severe forms such as non-fatal strangulation (27%). One in three of these women also reported experiencing sexual violence during the survey period (30%). Women were much more likely to seek advice or support when they had also experienced physical or sexual forms of abuse.

Statistical Bulletin 30. Canberra: Australian Institute of Criminology, 2021. 15p.

By Gemma Hamilton, Alexandra Ridgway, Anastasia Powell, Georgina Heydon

This research explores the co-occurrence of family violence and sexual harm in Victoria, shedding light on the complex nature and interconnectedness between these two forms of abuse and its impact on victim survivors.

Drawing on victim/survivor and stakeholder interviews, as well as a sector wide survey, the reports present key outcomes of a research project funded by Family Safety Victoria with particular attention towards the implications of key findings for the development of policy, intervention and support. By deepening understandings of the complex interplay between family violence and sexual harm, the research seeks to assist professionals in this space to better address the needs of victim/survivors and work together to strengthen system responses.

Melbourne: RMIT University, 2023. 59p,

By Leesa Hooker, Emma Toone, Sarah Wendt, Cathy Humphreys, Angela Taft

When it comes to recovery from the trauma and harm of intimate partner violence (IPV), the evidence base shows a need for early intervention and responses that include women and their children. This research report provides findings from a pilot evaluation project examining the effectiveness of an early intervention therapeutic model, child–parent psychotherapy (CPP), designed for young children and their mothers experiencing trauma, including IPV. This therapeutic model was developed in the United States as a model of care for mothers and their children to enhance relationships and reduce trauma. This report’s findings aim to inform future trialling and expansion of CPP nationally.

With this aim in mind, the researchers tested the feasibility of CPP in the Australian context, assessed therapist fidelity to the model, and evaluated its effectiveness at improving the health and wellbeing outcomes of women and their children. The evaluation used a small-scale, multisite pilot featuring 18 mother–child dyads and 11 community-based clinical sites in both urban and regional locations in Victoria and South Australia.

The researchers found that the small-scale pilot was promising, reporting the mother–child therapy model to be feasible in the Australian context. Positive outcomes were reported for mothers and children, including increased parental warmth and improved child emotions and behaviours. Women also experienced less IPV post-intervention. Clinicians who adhered most to the model were also better able to build relationships with women and their children and convey a sense of hope. Importantly, the impacts of the COVID-19 pandemic highlighted the overwhelming demand for evidence-based relational, child–parent, and young child-focused therapy like CPP, particularly in rural areas.

This research contributes to a better understanding of the service needs of women and children impacted by IPV, particularly the role of recovery interventions in buffering the long-term effects of IPV on families and developing children.

ANROWS - Australia's National Research Organisation for Women's Safety, 2022. 44p.

By Emma Russell, Hui Zhou, Gabriela Franich

This report documents how women experiencing domestic and family violence (DFV) are policed and criminalised. It presents findings from a research project conducted by Fitzroy Legal Service (FLS) in partnership with La Trobe University with the support of a Victorian Law Foundation Knowledge Grant (2020-21). The research aimed to identify how women who experience a range of social, economic, health and legal issues – including but not limited to DFV – become caught up in the criminal legal system.1 Investigating this point of overlap or interchange between social, financial, health or civil matters on the one hand, and criminal legal matters on the other, can help practitioners and policy strategists to explore the opportunities for systemic changes and collaborative support models that would prevent women’s criminalisation. Our use of the term women is inclusive of both cis and trans women. By using the term criminalisation, we hope to draw attention to the processes and mechanisms through which social problems come to be treated as criminal legal problems; and to highlight that there are alternatives. To investigate the relationships between criminalisation and women’s experiences of social, economic, health and/or civil legal issues, we adopted three methods of data collection and analysis: • the review and classification of 108 anonymised Fitzroy Legal Service client case files relating to women with criminal legal matters • the retrieval of publicly available statistical data on women in prison and women respondents on intervention orders • the thematic analysis of semi-structured interviews with 11 legal and social service practitioners with current experience of working with criminalised women These methods generated rich quantitative and qualitative data on the policing and criminalisation of women, especially women experiencing DFV and allowed us to identify opportunities for systemic changes that would prevent criminalisation. Much of what we found has already been spoken and written about at length by women and gender diverse people with lived experience of imprisonment.2 We intend for this research to supplement their expertise and lend further evidence to their campaigns and calls for action. By triangulating the data gathered and analysed through the methods above, this report explores the following questions and main findings, outlined in Table 1

Melbourne: Fitzroy Legal Service, 2022. 44p.