By Dinesh Wadiwel, Claire Spivakovsky, Linda Steele

This report understands a complaint mechanism as a procedure within an organisation, institution or governing authority which allows individuals to report negative experiences and problematic conduct and policy; seek individual rectification; and, where appropriate, trigger system change. Additionally, in this report, the term ‘complaint mechanism’ can refer to the diverse range of public bodies and agencies that are made responsible for handling complaints, which includes various commissions, ombuds, government departments and bespoke complaint or oversight agencies.

Some people with disability utilise complaint mechanisms to report violence, abuse, neglect and exploitation. As shall be discussed, the use of complaint mechanisms to report such experiences creates a number of unique challenges, including whether existing complaint mechanisms are fit for purpose, whether complaint mechanisms are able to guarantee equality before the law and equal rights to justice for people with disability, how complaint mechanisms relate to other reporting pathways, in particular police and courts, and whether complaint mechanisms are able to protect individuals from violence and create system change to prevent violence. Raising these concerns does not mean that complaint mechanisms may not be appropriate or desired pathways for people with disability who want to report and seek justice for violence, abuse, neglect and exploitation. Indeed, a complaint mechanism may be able to offer forms of just process and justice in outcome that are not available through police and courts. However, much care is required in the design of complaint mechanisms as reporting pathways for violence, abuse, neglect and exploitation to ensure that they are effective in terms of process and outcome, including in achieving a broader goal of violence prevention.

This report provides guidance to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (the Disability Royal Commission) on the design of accessible and inclusive complaint mechanisms which function as a reporting pathway for violence, abuse, neglect and exploitation. Our report puts forward an ideal approach to creating accessible and inclusive responses to complaints of violence, abuse, neglect and exploitation of people with disability. The report utilises contemporary understandings of human rights, violence prevention, procedural justice and justice in outcome to identify the principles that should inform the design of complaint mechanisms to optimise their function as reporting pathways for violence, abuse, neglect and exploitation. The report centres lived experiences of people with disability, providing extensive accounts of people navigating complaint mechanisms in relation to violence, abuse, neglect and exploitation. The report further provides a mapping of the Australian complaint mechanism landscape, through a survey of website information, and where appropriate, policy or legislation, identifying some common features and limitations of existing complaint mechanism approaches, particularly in relation to the reporting of violence, abuse, neglect and exploitation.

Our conclusions in brief (explored in detail in Chapter 8) can be summarised as follows:

a) The Structural Drivers of Violence and Complaint Mechanisms. Much of the violence, abuse, neglect and exploitation experienced by people with disability is driven by structural factors, including as a result of segregation and institutionalisation. For a range of reasons, complaint mechanisms, even when designed in accordance with ‘best practice,’ can be poorly equipped to deliver either individual rectification or the large-scale transformational change required to address and prevent violence, abuse, neglect and exploitation.

b) Complaint Mechanisms, Equality before the Law, and Legally Authorised Violence. Many complaint mechanisms are not necessarily equipped to provide justice in relation to violence, abuse, neglect and exploitation. This is because many complaint mechanisms are non-independent and combine regulatory oversight with complaint resolution processes. They are thus potentially established with a policy goal to regulate services and maintain codes of conduct, and not necessarily designed to respond to violence, abuse, neglect and exploitation from a victim-centred and justice-focused perspective. Further, if there is a social or institutional expectation that some people with disability should use complaint mechanisms, rather than police or courts, to report violence, abuse, neglect and / or exploitation, then this potentially undermines equality before the law since this means some people with disability do not have access to the forms of justice that are available to the rest of the community. This problem is further complicated by the existence of legally authorised forms of violence, such as restrictive practices. However, despite these concerns, it is acknowledged that many people with disability utilise complaint mechanisms to report violence, abuse, neglect and exploitation, and that in some cases these pathways may be preferred over the criminal justice system due to the different forms of just process and justice in outcome that they may offer.

c) Improving Process and Outcome. Based upon this report’s survey of website information, and where appropriate, policy or legislation, there are many improvements that can be made to many existing complaint mechanisms at the level of stated process and outcome to enhance their ability to respond to violence, abuse, neglect and exploitation. Improvements can be made through access to and consistency of information; dedicated reporting pathways for violence, abuse, neglect and exploitation; application of accessibility standards and the availability of supported decision making; increased clarity on how complaint mechanisms interact with and complement police and courts; and increased clarity on outcomes available as a result of a complaint, including for system transformation.

d) An Independent Complaint Mechanism for Violence, Abuse, Neglect and Exploitation. While improvements to existing mechanisms are possible, there remains a need for an independent complaint mechanism to respond to violence, abuse, neglect and exploitation, with strong perceived independence, neutrality, transparency, trustworthiness, effectiveness and capacity to support and recognise the voice of complainants. At present, this independent, dedicated, pathway for reporting violence, abuse, neglect and exploitation experienced by people with disability does not appear available within the existing terrain of relevant Australian complaint mechanisms.

e) A National Redress Scheme. Much violence, abuse, neglect and exploitation is historical in nature, including violence, abuse, neglect and exploitation that is supported by legally and socially authorised forms of segregation, institutionalisation and society wide discrimination. There is a pressing need for governments and society to acknowledge the role of historical injustices committed against people with disability in creating the conditions for current mass scale violence. In this context, a National Redress Scheme would serve an important role as both a form of transitional and transformative justice, and as an additional pathway for reporting violence, abuse, neglect and exploitation that is historical in nature.

f) Improved Processes for Police and Courts. While out of scope for this report, improvements in responses of police and courts to violence, abuse, neglect and exploitation experienced by people with disability would work in a complementary way with improvements to complaint mechanism pathways, and ensure equality before the law and equal rights to justice for people with disability.

Australia: Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, 2022. 534p.

By Kourtney A. D. Byrd,  David K. Lohrmann, and Brittanni Wright

Further study is needed regarding the intersection of community violence exposure, coping strategies, and health behaviors among young adult African American men and Hispanic/Latino men. This study did so in Lake County, Indiana, which contains multiple areas with disproportionate prevalence of violence relative to population size. Approximately 22 miles from Chicago, Lake County includes noteworthy mid-sized cities such as Gary, Hammond, and East Chicago. This study explored the perceptions of African American men and Hispanic/Latino men ages 18 to 25 regarding coping strategies and both healthy and health risk behaviors after directly witnessing or indirectly experiencing a violent act or event. We used aspects of social cognitive theory to design this community-based participatory research study. Thirteen males who self-identified as African American, Hispanic/Latino, or both, completed 34- to 80-minute, audio-recorded phone interviews. Audio recordings were transcribed, and NVivo 12 Windows was used by the research team (primary researchers and two coders) to complete transcript analysis. Findings from this study provided insight around African American men and Hispanic/Latino men regarding (a) witnessing violence directly or indirectly experiencing violence; (b) changes in everyday life experiences; (c) coping strategies that involved socio-emotional health, spiritual health, social health, and risky health behaviors; (d) rationales for not asking for help; (e) observations of significant others’ coping; (f) what to do differently in the future; (g) beliefs about mentors; and (h) beliefs about mental health providers. Delving into participants’ experiences revealed that African American men and Hispanic/Latino men in Lake County, Indiana chose to adopt a range of health risk and health positive strategies after directly witnessing or indirectly experiencing violence. Becoming knowledgeable about African American men’s and Hispanic/Latino men’s diverse coping strategies and health behaviors may help inform the community about how best to co-create spaces that aim to alleviate the traumatic experience of having directly or indirectly experienced community violence.

Indianapolis, IN: Journal of Interpersonal Violence, 2024. 31p.

By Mariana Gonçalves, Eduardo Gomes, and Marlene Matos 

Intimate partner homicide (IPH) is a tragic event. Studies involving the comparison between IPH and intimate partner homicide-suicide (IPH-S) are scarce, with few studies in Portugal about this issue. The current study aims to compare IPH and IPH-S perpetrators, the victim–perpetrator relationships dynamics, and homicide circumstances. The data was collected through the analysis of 78 judicial processes of IPH that occurred in Portugal, between 2010 and 2015. Of the cases, 51 were IPH, 20 were IPH-S cases, and seven were attempted suicide cases, being perpetrated in 84.6% (n= 66) for male perpetrators. Suicide after intimate homicide were all committed by men. All judicial processes analyzed refer to heterosexual relationships. Bivariate and multivariate analyses were performed to compare the groups concerning perpetrator and victim sociodemographic characteristics, victim-perpetrator dyadic dynamics, and crime circumstances. The results show mostly common trends between the two groups with some differentiating factors when compared individually (e.g., perpetrator professional status, criminal records). Regression logistic analysis showed no differences between IPH and IPH-S.

Braga, Portugal: Journal of Interpersonal Violence, 2023. 22p.

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

By The San Francisco Domestic Violence Death Review Team

This Domestic Violence Death Review Team (DVDRT) Pilot was created under the provisions of the California Penal Code 11163.3, in order to fulfill a commitment to review domestic violence-related fatalities, strengthen system policies and procedures, and identify prevention strategies that will reduce future incidents of domestic violence-related injuries and deaths. The DVDRT fulfills a need in San Francisco, as the city lacks staffing for a dedicated Death Review Team. This DVDRT Pilot provides an overview of the DVDRT process and methodology for their investigation into a murder case from October 2014; it lays out details of the event as well as DVDRT’s analysis of evidence and case-related data, and notes the aspects of the event that the DVDRT focused on include: computer-aided dispatch (CAD) systems; real-time assistance for police officers in crime scene evaluation; broad interaction and information gathering; the ability of the police department to enforce physical separation when physical violence has occurred; custodial treatment of intoxicated individuals; real-time assistance for police from domestic violence advocates; providing closure and well-being assistance to 911 call-takers and dispatchers; availability and use of body-worn video (BWV) cameras; and in multiple responses to the victim’s address, the efficient and thorough transfer of information to later-responding officers.

San Francisco: The Review Team, 2023. 57p.

By Hayley Boxall and Christopher Dowling and Anthony Morgan

Differences between male and female perpetrated domestic violence are widely acknowledged. However, there is a lack of Australian data on the circumstances of female perpetrated violence. This study analysed 153 police narratives of domestic violence incidents involving a female person of interest (POI). Results were consistent with international studies. Half of the episodes involved either self-defensive or retaliatory violence—otherwise known as violent resistance—meaning the POI had been a victim of prior violence by their partner or the episode involved a male victim who was abusive in the lead-up to the incident. Violent resistance was more common in incidents involving Indigenous women. The findings highlight the different motivations for female perpetrated domestic violence, and the importance of understanding the complex dynamics of violent episodes.

Trends and Issues in Crime and Criminal Justice, no. 584. Canberra: Australian Institute of Criminology, 2020.17p.

By Dana M. Olwan

In Gender Violence and the Transnational Politics of the Honor Crime, Dana M. Olwan examines how certain forms of violence become known, recognized, and contested across multiple geopolitical contexts—looking specifically at a particular form of gender-based violence known as the “honor crime” and tracing how a range of legal, political, and literary texts inform normative and critical understandings of this term. Although studies now acknowledge the complicated mobilizations of honor crime discourses, the ways in which these discourses move across different geographies and contexts remain relatively unexplored. This book fills that void by providing a transnational feminist examination of the disparate yet interconnected sites of the US, Canada, Jordan, and Palestine, showing how the concept travels across nations and is deployed to promote hegemonic agendas.

Athens, OH: Ohio State University Press, 2021. 221p.

By Adrian Howe

What happens when you sex violent crimes? More specifically, what happens when you make men’s violence against women the subject of a conversation or the focus of scholarly attention? The short answer is: all hell breaks loose. Adrian Howe explores some of the ways in which this persistent and pervasive form of violence has been named and unnamed as a significant social problem in western countries over the past four decades. Addressing what she calls the вЂ˜Man’ question-so named because it pays attention to the discursive place occupied, or more usually vacated, by men in accounts of their violence against women-she explores what happens when that violence is placed on the criminological and political agenda. Written in a theoretically-informed yet accessible style, Sex, Violence and Crime-Foucault and the вЂ˜Man’ Question provides a novel and highly original approach to questions of sex and violence in contemporary western society. Directed at criminologists, students and, more widely, at anyone interested in these issues, it challenges readers to come to grips with postmodern feminist reconceptualisations of the fraught relationship between sex, violence and crime in order to better combat men’s violence against women and children.

London; New York: Routledge, 2008. 248p.

Edited by Gayle Letherby, Kate Williams, Philip Birch and Maureen Cain

This book brings together chapters by academics, researchers and practitioners to analyse how crimes such as sex work, domestic violence and rape and sexual assault have risen up the Government agenda in recent years. For example, the 'Paying the Price' consultation exercise on sex work in 2004, and recent legislation around sex crimes, including the Sex Offences Act (2003). This is a multi-disciplinary, social scientific, pro-feminist collection, which draws upon practice, empirical research, documentary analysis and overviews of research in the areas of sex work and sexual violence. Within Sex as Crime there are two distinct sub-sections: 'Sex for Sale' and 'Sex as Violence', but the broader and overriding link of sex as crime remains a paramount theme that spans the collection. Chapters include discussions of the impact of new regulations on street sex workers, and of street sex work on community residents, the use of the internet by men who pay for sex and men who sell it, sexual violence and identity, sex crimes against children and protecting children online and working with sex offenders. Other chapters explore reasons for such offending behaviour.

Abingdon, Oxon: Willan, 2008. 416p.

Edited by M. Susanne Schotanus

The ebook edition of this title is Open Access, thanks to Knowledge Unlatched funding, and freely available to read online. Gender Violence, the Law, and Society analyses and explores the historical and cultural roots of issues of gender-based and sexual violence in Japan, India and South Africa. Using a variety of disciplinary and interdisciplinary methods, this edited collection highlights the intersection of marginalized gender and sexual identities – such as raped women, gay men and women who are victims of commodified violence – and marginalized geographic areas.Taking a structured and holistic approach, the chapters authors break down issues across three levels: violence, state, and society. By exploring case studies from the three selected geographical areas, both the roots and effects and related organization and belief systems are explored in their relations to the issues of sexual and gendered violence. The chapters expose and consider the complexities and nuances in each country in terms of their varying cultural practices, their religious and caste systems, and racial disparities, whilst exploring and expanding the understanding of the concept of violence itself. Gender Violence, the Law, and Society takes an important step towards synthesizing area-specific issues and knowledge into a more comprehensive and global body of knowledge on the apparently universal appearances of forms of sexual and gendered violence.

Bingley, UK: Emerald Publishing, 2022. 201p.

By Kamarah Pooley and Hayley Boxall

In the last few years, a number of high-profile cases of sexual and violent offending have been committed after the offender and victim met through a mobile dating application (dating app). Subsequent media and popular rhetoric have positioned dating app sexual and violent offending as a major safety concern.

A literature review was conducted to determine the prevalence of dating app violence, the design features of dating apps that create and prevent opportunities for violence to occur, and the prevention strategies used by individual users and app designers. Results suggest that dating app users are at greater risk of sexual and violent victimisation than non-users. Dating app features designed to promote safety and connectedness paradoxically place users at risk of victimisation. Although some dating apps feature innovative safety mechanisms, most place the onus on users to protect themselves against victimisation.

Canberra: Australian Institute of Criminology, 2020. 16p.

By Human Rights Watch

On April 7, 2016, soon after the end of evening prayers, Sadia, 27, heard her husband calling her to come down to the street. As she got to the door, however, he stood flanked by two men, blocking the exit. On her husband’s order, his companions doused her with nitric acid. “My husband stood watching as my dress fell straight off and my necklace and earrings melted into my skin,” Sadia said. After four surgeries and almost four months at Dhaka Medical College Hospital, Sadia lost both her left ear and left eye. “He was trying to kill me,” she said when Human Rights Watch met her a year later. Acid attacks are one particularly extreme form of violence in a pattern of widespread gender-based violence targeting women and girls in Bangladesh. In fact, many of the women interviewed for this report endured domestic violence, including beatings and other physical attacks, verbal and emotional abuse, and economic control, for months or even years leading up to an attack with acid. For instance, during the 12 years that Sadia was married before the acid attack, her husband beat her regularly and poured chemicals in her eyes three times, each time temporarily blinding her.

New York: HRW, 2020. 73p.

Edited by Sara Polak and Daniel Trottier

.History, Affect, and Effects of Online Vitriol. “Trolls for Trump', virtual rape, fake news - social media discourse, including forms of virtual and real violence, has become a formidable, yet elusive, political force. What characterizes online vitriol? How do we understand the narratives generated, and also address their real-world - even life-and-death - impact? How can hatred, bullying, and dehumanization on social media platforms be addressed and countered in a post-truth world? This book unpicks discourses, metaphors, media dynamics, and framing on social media, to begin to answer these questions. Written for and by cultural and media studies scholars, journalists, political philosophers, digital communication professionals, activists and advocates, this book makes the connections between theoretical approaches from cultural and media studies and practical challenges and experiences 'from the field', providing insight into a rough media landscape.”

Amsterdam: Amsterdam University Press, 2020. 267p.