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Posts in Violence & Oppression
Combating gender-based violence: Cyber violence European added value assessment

By Niombo Lomba, Cecilia Navarra and Meenakshi Fernandes

With the rise of new technology and social media, gender-based cyber violence is a constantly growing threat with impacts at individual, social and economic levels, on women and girls and on society generally. There is currently no common definition or effective policy approach to combating gender-based cyber violence at EU or national level. Action taken so far has been inadequate, and the cross-border nature of gender-based cyber violence has yet to be properly addressed either. This European added value assessment (EAVA) supports the European Parliament in its right to request legislative action by the Commission, and complements its own-initiative legislative report 'Combating gender-based violence: Cyber violence' (2020/2035(INL)). Examining the definition and prevalence of gender-based cyber violence, the legal situation and individual, social and economic impacts, the EAVA draws conclusions on the EU action that could be taken, and identifies eight policy options. The costs to individuals and society are substantial and shown to be in the order of €49.0 to €89.3billion. The assessment also finds that a combination of legal and non-legal policy options would generate the greatest European added value, promote the fundamental rights of victims, address individual, social and economic impacts, and support law enforcement and people working with victims. The potential European added value of the policy options considered is a reduction in the cost of gender-based cyber violence ranging from 1 to 24%

Brussels, European Union, EPRS | European Parliamentary Research Service, 2021. 242p.

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The Continued (in)visibility of Cyber Gender Abuse

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

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Gender-based violence in the digital environment: an analysis on businesswomen and female workers

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.

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Sobering Up After the Seventh Inning: Alcohol and Crime Around the Ballpark

By Jonathan Klick and John MacDonald

Objectives This study examines the impact of alcohol consumption in a Major League Baseball (MLB) stadium on area level counts of crime. The modal practice at MLB stadiums is to stop selling alcoholic beverages after the seventh inning. Baseball is not a timed game, so the duration between the last call for alcohol at the end of the seventh inning and the end of the game varies considerably, providing a unique natural experiment to estimate the relationship between alcohol consumption and crime near a stadium on game days. Methods Crime data were obtained from Philadelphia for the period 2006–2015 and geocoded to the area around the MLB stadium as well as popular sports bars. We rely on difference-in-differences regression models to estimate the change in crime on home game days around the stadium as the game time extends into extra innings to other areas of the city and around sports bars in Philadelphia relative to days when the baseball team plays away from home. Results When there are extra innings and more game-time after the seventh inning alcohol sales stoppage crime declines signifcantly around the stadium. The crime reduction beneft of the last call alcohol policy is undone when a complex of sports bars opens in the stadium parking lot in 2012. The results suggest that alcohol consumption during baseball games is a contributor to crime. Conclusions The fndings provide further support for environmental theories of crime that note the congregation of people in places with excessive alcohol consumption is a generator of violent crime in cities. The consumption of alcohol in MLB stadiums appears to increase crime.

Journal of Quantitative Criminology (2021) 37:813–834

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The Minimum Legal Drinking Age and Crime Victimization

Aaron Chalfin, Benjamin Hansen and Rachel Ryley

For nearly every crime there is a victim. However, the vast majority of studies in the economics of crime have focused the causal determinants of criminality. We present novel evidence on the causal determinants of victimization, focusing on legal access to alcohol. The social costs of alcohol use and abuse are sizable and well-documented. We find criminal victimization — for both violent and property crimes — increases noticeably at age 21. Effects are not present at other birthdays and do not appear to be driven by a “birthday celebration effect.” The effects are particularly large for sexual assaults, especially those that occur in non-residential locations. Our results suggest prior research which has focused on criminality has understated the true social costs associated with increased access to alcohol.

Journal of Human Resources. Vol. 58, Issue 6. 1 Nov 2023

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EU Drug Market: Amphetamine — In-depth analysis

By European Monitoring Centre for Drugs and Drug Addiction and Europol

EU Drug Market: Amphetamine describes the European amphetamine market from production and trafficking, to distribution and use. It details the processes, materials and actors involved at different stages and levels of the market. Taking a threat assessment approach, the module identifies key issues and makes recommendations for action at EU and Member State level.

Amphetamine is the most common synthetic stimulant drug available on the European drug market and it competes with cocaine and a range of new psychoactive substances for a share of the profitable European Union (EU) stimulant drug market. The prevalence of amphetamine use is higher than methamphetamine in most EU Member States, with notable exceptions, such as Czechia and Slovakia. Illicit amphetamine products mostly consist of powders or pastes, usually mixed with other ingredients, such as lactose, dextrose or caffeine, but tablets containing amphetamine are also available. The estimated annual value of the retail market for amphetamine in the EU is at least EUR 1.1 billion, with a range of EUR 0.9 billion to EUR 1.4 billion.

The demand for amphetamine in the EU is met by European production concentrated largely in the Netherlands and Belgium, where production is complex, large-scale and based on the drug precursor BMK. BMK has some limited use in industry and can be diverted from legitimate sources or smuggled into the EU, but more frequently it is made from chemicals known as designer precursors imported from China. Some of the amphetamine produced in the EU is used to produce captagon tablets, which are mainly trafficked to consumer markets in the Middle East

Lisbon, Portugal: European Monitoring Centre for Drugs and Drug Addiction and Europol, 2023. 8p.

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Organized Crime in the Mekong

By The Global Initiative Against Transnational Organized Crime

From July 2021 to June 2023, the Mekong Australia Partnership on Transnational Crime and the Global Initiative Against Transnational Organized Crime (GI-TOC) organized an expert briefing series to enhance debate and collaboration on issues related to organized crime in the Mekong.

The outcome of the two-year briefing series was the creation of opportunities for discussion, collaboration and learning. It brought together a committed set of stakeholders working at the local, regional and international levels to reduce the harms of organized crime and helped build new partnerships while strengthening existing ones. The series enhanced the knowledge base on organized crime in the Mekong and helped bridge the gap between research and policy.

With the support of a dynamic set of stakeholders, the series explored some of the region’s most pertinent and pressing issues and their intersections globally.

Geneva, SWIT: The Global Initiative Against Transnational Organized Crime 2023. 69p.

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Borderline: Impact of the Ukraine War on Migrant Smuggling in South Eastern Europe

By Tihomir Bezlov | Atanas Rusev | Dardan Koçani

The war in Ukraine has spurred the largest refugee crisis in Europe since the Second World War. According to EU border and coastguard agency Frontex, by the end of 2022, 15 million Ukrainian citizens had fled to Europe since the beginning of the war, with roughly 3 million choosing to stay.

While the unforeseen scale of the refugee crisis meant that much of the border authorities’ efforts and resources were occupied, people smuggling networks took advantage of the situation, and the number of irregular migrants from the Middle East travelling along the Western Balkan route soared. There are many contributing factors to this trend, but migrant smuggling has indeed resurfaced as the fastest-growing market for organized crime in the Balkan region. At the start of September 2022, Frontex reported that they had documented the highest number of irregular entries since 2016, with a 75% increase compared to the same period in the previous year. Thus, in 2022, the Western Balkan route became the most active European migration route, surpassing the Central and Western Mediterranean routes.

This paper assesses the factors that contributed to the emergence of the Western Balkan route as the most critical for irregular migration to the EU during 2022, focusing in particular on the impact of the war in Ukraine on refugee flows from the Middle East and North Africa (MENA) and its implications for the future. It analyzes how, if anything, refugee flows from Ukraine have affected pre-existing movements of migrants from MENA countries on the Western Balkan route indirectly, exacerbating dynamics and network operations. It also estimates the overall number of irregular migrants smuggled along the Western Balkan route since 2016, describes the evolution of smuggling networks in 2022 and assesses the implications for South Eastern Europe.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime 2023. 3p.

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Port in a Storm: Organized Crime in Odesa since the Russian invasion

By The Global Initiative Against Transnational Organized Crime

Odesa is a city of immense importance to Ukraine. Its port is the gateway through which most of Ukraine’s trade with the world is conducted, but it also holds a deeply symbolic place in the country’s heart – the so-called ‘Jewel of the Black Sea.’

It has also long been one of the most criminalized cities in Ukraine, both in terms of illicit flows through its port (including drugs, weapons, and contraband) and the high levels of corruption around the construction industry, law enforcement, the criminal justice system, and the customs agency. The city itself was also a stronghold of pro-Russian sentiment, even after the 2014 Maidan Revolution, which ousted President Viktor Yanukovych (who was politically close to Moscow), the conflict in the Donbas, and Russia’s illegal annexation of Crimea. At the same time, the Russian invasion of Ukraine dealt a severe blow to organized crime in Odesa.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime., 2023. 48p.

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Atlantic Connection: The PCC and the Brazil-West Africa Cocaine Trade

By Gabriel Feltran, Isabela Vianna Pinho and Lucia Bird Ruiz-Benitez de Lugo

Cocaine trafficking through West Africa, following the well-established route from Latin America to the European consumer market, appears to be in a phase of sharp growth. Since 2016, the majority of consignments transiting West Africa begin their journey in Brazil. The Primeiro Comando da Capital (PCC) – the largest criminal organization in Brazil – is pivotal to understanding Brazil’s newfound importance for cocaine in West Africa.

Cocaine trafficking between Brazil and West Africa stretches back at least to the 1980s, but as cultivation in Latin America continues to increase and consumption in Europe has grown, more and more cocaine is being moved along this path. In 2018, only one West African country – Senegal – was in the top 10 destinations for cocaine seized in Brazilian ports; by 2019, after a bumper year of seizures in Brazil, Nigeria, Ghana and Sierra Leone had also pushed their way onto the list. Cultivation in Latin America reached record levels in 2021, and in the following year an unprece-dented 24 tonnes were seized across West Africa.

In this report, we focus on the flow of cocaine between Brazil and West Africa, which largely supplies the lucrative European consumer market, and in particular on the role of the PCC, which straddles various illicit supply chains.

The research for this report has drawn on various data collection techniques but rests primarily on field observations of the retail trade and transit of illegal goods in South America, West Africa and Europe between 2015 and 2022. These observations, described in detail in the authors’ field notebooks, were supplemented by formal and informal interviews with those involved in the cocaine trade, from the South American borders to the retail trade spaces of Europe, allowing us to trace the journey of cocaine through the different nodes of the value chain.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2023 28p.

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Fuel to the Fire: Impact of the Ukraine War on Fuel Smuggling in South Eastern Europe

By Saša Đorđević

Fuel smuggling is the illegal transport, sale or purchase of petroleum products such as crude oil, petrol, diesel and other refined petroleum products. It has been a persistent illicit trade in the Balkans for over three decades.

In 2022, police and customs of the seven Balkan countries seized more than 3 000 tonnes of illegal fuel, with a retail value of €4.3 million – almost four times more than the value of fuel seized in all of 2021. Fuels are goods subject to high excise and customs duties that smugglers try to avoid paying. Alternatively, smugglers seek to profit by evading embargoes on oil imports and exports. From this perspective, the Balkan countries’ public funds lost at least €1.2 million in 2022 as a result of fuel smuggling.

However, relying solely on seizure data to evaluate the illicit fuel market may lead to misleading conclusions because of law enforcement’s inherent challenge in substantiating the unlawful provenance of fuel. This discrepancy becomes more apparent when considering the estimated scale of the issue. In Bulgaria alone, for example, the projected value of illegal fuel in 2019 reached approximately €0.5 billion, resulting in significant budget losses of €250 million.

In the wake of the Russian invasion of Ukraine and the Libyan electoral crisis, both of which involved major oil-producing countries, the UN extended measures to combat illicit petroleum exports from Libya in July 2022. The EU also imposed bans on Russian oil in December 2022 and again in February 2023, as part of its response to the war in Ukraine. At the same time, the Balkans became the focus for licit and illicit fuel manoeuvres.This report analyzes the mechanisms of fuel smuggling during times of crisis and instability in the Balkans, considering both internal and external factors that contribute to the overall landscape. It identifies lessons learned from fuel smuggling in the early 1990s and then moves to explain the evolution of this activity with reference to trafficking methods, actors and routes through to 2022. The report also identifies countries in the Balkans at particular risk from fuel smuggling, as well as hotspots that allow illicit trade, particularly on rivers and seas. The report, furthermore, assesses the typical profile of criminal actors active in fuel smuggling. The research is limited to cross-border fuel smuggling operations rather than illegal distribution within a specific country.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime. 2023. 34p.

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Coercive control literature review: final report

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.

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Family violence and sexual harm: research report 2023

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.

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Analysis of Femicide/Feminicide Legislation in Latin America and the Caribbean and a Proposal for a Model Law

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.

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Analysis of Cases of Femicides - Murders of Women in the Republic of North Macedonia: 2017-2020

By The United Nations Development Program (UNDFP)

As the most extreme form of violence, femicides pose a threat to the safety of women around the world. Although they occur in different contexts, as a result of an intimate partner violence and domestic violence, sexual violence, armed conflict, or for the purpose of so-called preserving family honor (“honor murder”), the main causes are still to be found in the unequal distribution of power between men and women, and deep-rooted patriarchal values, even in developed countries.

This analysis was carried out with the support of the German Government project “Improving National Practices for Small Arms and Light Weapons and Building Violence Resilient Communities“ implemented by UNDP. The project is part of a broader regional initiative, a Roadmap for a Sustainable Solution to the Illegal Possession, Misuse and Trafficking of Small Arms and Light Weapons and their Ammunition in the Western Balkans by 2024.

By improving data collection, analysis and dissemination of information related to Small Arms and Light Weapons it is ensured that policies and practices for its control are guided by analysis and based on evidence. The gender aspect of the project is of particular importance for these policies and practices to deliver the best results in building a society resistant to violence.

The purpose of this analysis is to present the murder of women and girls in the Republic of North Macedonia in the period from 2017 to 2020, and is a continuation of the first Analysis of Cases of Femicides - murders of women in the Republic of Macedonia conducted by the National Network to End Violence against Women and Domestic Violence, with technical and financial support from the United Nations Development Programme (UNDP).

The findings of the analysis will be used to develop recommendations for improving the system of prevention and protection of women who are victims of gender-based and domestic violence, which will contribute to the prevention of femicide as a consequence of long-term exposure to violence by an intimate partner violence and domestic violence.

Skopje, UNDP, 2021. 32p

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The U.S. - Mexico Double Fix: Combating the Flow of Guns to Transnational Organized Crime

By Kathii Lynn Austin and Brian Freskos

The U.S. and Mexico are grappling with daunting security crises stemming from the trafficking of hundreds of thousands of guns over the U.S. southern border every year. These weapons are empowering Mexican transnational criminal organizations and inflicting substantial suffering in both countries. This report underscores how reducing cross-border gun trafficking is crucial for achieving the goals of the U.S.-Mexico Bicentennial Framework for Security, Public Health, and Safe Communities — a bilateral security agreement announced nearly two years ago. By implementing our recommendations, the U.S. and Mexico can more effectively combat illicit gun flows, saving lives, and improving prosperity.

California: Pacific Council on International Policy, 2023. 85p.

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Behind the Call for Change

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.

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A call for change: Report of the Commission of Inquiry into Queensland Police Service responses to domestic and family violence

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.

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Accurately identifying the “person most in need of protection” in domestic and family violence law

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.

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Experiences of coercive control among Australian women

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.

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