By Scottish Government, Safer Communities Directorate

This paper presents a review of quantitative evidence on women in the justice system. It is drawn from a range of data sources, of which the most prominent are Official Statistics produced by the Scottish Government's Justice Analytical Services.

Whilst the analysis in this paper seeks to highlight (and quantify) the differences and similarities between women and men in the justice system, it does not by itself explain why these may exist. Social research and other qualitative evidence would be more appropriate in providing further context for this. For example, qualitative research with victims-survivors of rape and sexual assault as they journey through the justice system in Scotland is available from the Scottish Centre for Crime & Justice Research[1]. Qualitative evidence which provides an insight into the impact of Coronavirus (COVID-19) restrictions on people experiencing domestic abuse and other forms of violence against women and girls is available on the Scottish Government website[2].

Key findings from these statistics are that:

• Women account for a much smaller proportion of those involved across Scotland's justice system than men (for example prosecutions, convictions, people in prison). This pattern has been constant over time, and is similar to what is seen in other parts of the UK[3].

• Women and men tend to experience crime in different ways, with a significant factor being the type of crime experienced, including violence. Women are much more likely to experience sexual victimisation and to be victims of partner abuse, while men are more likely to experience serious non-sexual violence (such as homicide and serious assault).

• Feelings of safety have improved over the longer term for women, but have remained consistently behind those of men. This may, at least in part, explain why a greater proportion of women are worried about experiencing crime than men – despite actual experiences of overall crime victimisation being similar for both women and men in Scotland.

• Women represent a minority of those convicted of a crime and of the prison population in Scotland, a feature that is consistent over time. Women also tend to be convicted of different types of crime when compared to men.

• Women generally receive shorter sentences than men, are less likely to receive a custodial sentence and are reconvicted less often on average.

• Looking at views on the criminal justice system, women are less confident in the system than men on a number of measures asked about in the Scottish Crime and Justice Survey (for example, confidence that the criminal justice system allows all those accused of crimes to get a fair trial regardless of who they are).

• Justice organisations in Scotland show a mixed picture in terms of their workforce composition. Generally, females continue to make up a minority of more senior roles across the board. While there is targeted effort within organisations in terms of improving diversity, some continue to have a widely male dominated workforce, while others have female employees as the clear majority of their staff.

Edinburgh: Scottish Government, 2022. 34p.

By Phoebe Donnelly, Dyan Mazurana, and Evyn Papworth

Peacekeeping missions. In reality, however, many women (and some men) deployed as military or police peacekeepers are subjected to sexual abuse by other members of the organizations they serve. Until now, there has been little research specifically focused on this sexual abuse by uniformed peacekeepers against their peacekeeping colleagues. This paper helps fill that gap, drawing on a survey of peacekeepers as well as data from interviews and a closed-door workshop. T his research reveals that sexual abuse is a major threat to uniformed peacekeepers, especially women. Among all survey participants, approximately one in ten said they experienced sexual abuse while serving in a peacekeeping mission, while a similar proportion witnessed sexual abuse against another peacekeeper. The proportion was significantly higher for women (28 percent experienced and 26 percent witnessed) than for men (2 percent experienced and 4 percent witnessed). A large share of the incidents of abuse were perpetrated by higher-ranking men within the mission. The main factor enabling this abuse was the internal organizational cultures of the police and military forces of troop- and police-contributing countries (T/PCCs). Despite the prevalence of sexual abuse within peacekeeping missions, the UN and T/PCCs have not put in place adequate policies to effectively respond to the issue. This lack of attention is in contrast to the relatively robust architecture for reporting on and investigating sexual exploitation and abuse of host communities. Policies and attention to the sexual abuse of peacekeepers and sexual exploitation and abuse of host communities have been artificially separated, but these forms of abuse are fueled by similar dynamics of militarism and inequality. The responsibility for addressing sexual abuse within peacekeeping operations lies both with T/PCCs and with the UN, which should require the highest standards for behavior within peacekeeping missions. Existing systems for addressing sexual exploitation and abuse of host communities are generally not designed for or used to address sexual abuse of peacekeepers. As a result, peacekeepers have little confidence in mechanisms for reporting sexual abuse that they experience or witness against their colleagues. Moreover, when incidents are reported, the prevailing sentiment is that perpetrators are not held accountable due to a culture of impunity within peacekeeping missions. Because current systems are insufficient and ineffective, women peacekeepers often have to protect themselves and respond to sexual abuse on their own. If the UN and T/PCCs do not prevent and respond to sexual abuse and dismantle the patriarchal cultures that enable it, their initiatives to increase women’s meaningful participation in peacekeeping operations will fail. The UN needs to take the sexual abuse of peacekeepers as seriously as it takes peacekeepers’ sexual exploitation and abuse of host communities, especially considering the interconnected systemic causes of both types of abuse. Toward this end, the UN and T/PCCs could consider the following recommendations: 1. Transform the organizational cultures that enable sexual abuse of peacekeepers: Because they have a particularly important role to play in changing the organizational culture, mission leaders should be evaluated, in part, based on whether they create and maintain a diverse, tolerant, inclusive, safe, secure, and respectful workplace. 2. Mandate robust training to prevent sexual abuse of peacekeepers: The UN should ensure that all peacekeepers receive thorough training specifically focused on all forms of sexual abuse within militarized organizations. 3. Require T/PCCs to address sexual abuse of peacekeepers within their contingents: Among other steps, the UN should update memoranda of understanding with T/PCCs to include explicit language on preventing and addressing the sexual abuse of peacekeepers. 4. Create a robust, confidential, and victim-centric reporting and investigation infrastructure: The UN should build the capacity of existing mechanisms for addressing sexual abuse of host communities to also address sexual abuse of peacekeepers. This system must be outside of the peacekeeping mission and T/PCCs’ chain of command.

New York: International Peace Institute 2022. 34p.