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Posts in Violence and Oppression
Missing, murdered and incarcerated Indigenous women in Australia: a literature review

By Claire Bevan, Jane Lloyd, Hannah McGlade

This document presents a review of the Australian literature on missing, murdered and incarcerated Indigenous women in Australia. The review was conducted by Australia’s National Research Organisation for Women’s Safety (ANROWS) to support seven Indigenous-led communiques into missing, murdered and incarcerated Indigenous women.

The Indigenous women included in the communiques were incarcerated as a result of self-defense against violence that would have otherwise led to their disappearance or murder.

The communiques are being led by Associate Professor Hannah McGlade, member of the UN Permanent Forum on Indigenous Issues.

The purpose of the communiques is to demonstrate Australia’s obligation as a party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by drawing on seven cases of Indigenous women who have disappeared, been murdered or wrongfully incarcerated in the last 3 decades (since 1997).

Sydney: Australia's National Research Organisation for Women's Safety (ANROWS), 2024.

Risky Behaviors and Violent Victimization

By Christine Army and Karim H. Vellani

In 2020, Anthony Chamberlain called a prostitute to visit him at a motel where he was a guest. The prostitute, along with her boyfriend, arrived at the motel where they robbed and killed Chamberlain in his motel room. In 2021, Miguel Gomez met his longtime drug dealer in the parking lot of an expensive, high rise apartment building. Unlike the many other times when they met at other locations, this time a dispute ensued, and the drug dealer shot and killed Gomez. In 2022, gang member Jamil Wright went to a mall to buy a suit for a friend’s funeral. The friend had been murdered by a rival gang resulting from a long-term dispute over territory. While walking in the shopping mall, Wright passed a member of the rival gang. The rival gang member went to his car, retrieved a handgun, and killed Wright in the mall’s food court. Each of the victims above were engaged in a risky behavior. Chamberlain was engaged in illicit sexual activities. Gomez was buying illegal narcotics. Wright was a self-identified gang member. From a prevention perspective, it is useful to understand the factors that increase one’s risk of violent victimization and how Handlers (discussed below) can help at-risk individuals reduce their risks. Research studies, including those summarized in the Appendix, largely focus attention on the factors associated with increased risk of victimization. These studies have consistently found that engaging in risky behaviors increases one’s chance of becoming a victim of violence. The most prominent theoretical developments in the area of victimization are the Routine Activity Theory and the Lifestyle Perspective. Both theories address how context or situation influences vulnerability to violence.

International Association of Professional Security Consultants 2023. 33p.

London, you have a problem with women: trust towards the police in England

By Steve Pickering, Han Dorussen, Martin Ejnar Hansen, Jason Reifler, Thomas Scotto, Yosuke Sunahara, et al.

Following a series of high-profile incidents of violence against women by serving London Metropolitan Police Officers, questions of standards and the public’s confidence in policing are in the spotlight. Over a fifteen-month period between July 2022 and September 2023 using monthly surveys of representative English samples, this study confirms that women, in general, are more trusting in the police than men. This, however, does not hold true in London. Out of nine regions in England, London is the only region where women’s overall trust in the police is lower than men. Lower levels of trust in the police among women in London hold when controls for age, income, political environment and crime levels are considered. In line with existing literature that considers women being more sensitive to cues about trustworthiness, the concerning incidents of sexual violence by police officers against women are likely to further erode trust in police in the capital, which already ranks last among England’s nine regions in citizen trust of the police.

Policing and Society, 1–16. https://doi.org/10.1080/10439463.2024.2334009

Methodological Research to Support the National Survey of Children’s Exposure to Violence

By Darby M. Steiger, Westat Mike Brick, Andrea Sedlak, David Finkelhor, Heather Turner, Sherry Hamby

The National Survey of Children’s Exposure to Violence (NatSCEV) obtains information about children’s exposure to a broad spectrum of crimes, abuse, and neglect, including witnessing violence and crime. This comprehensive, multi-topic assessment model has yielded insights widely viewed as major advances in the field, such as the recognition of highly vulnerable “poly-victims” who are targeted in multiple ways by multiple perpetrators and whose experiences are distinctive in dynamics and impact. NatSCEV findings have provided policymakers both nationally and internationally with tools to reduce children’s exposure to violence, efforts such as the Defending Childhood Initiative led by Attorney General Eric Holder, the Centers for Disease Control and Prevention’s (CDC) Adverse Childhood Experiences initiative, the U.N. Secretary General’s Special Representative on Violence Against Children, and UNICEF’s Cure Violence International. While recognizing these achievements, after three NatSCEV cycles, the study design and methodology warranted reassessment. One of the reasons for this change was because response rates have seriously declined over NatSCEV cycles, decreasing from 79 percent of eligible respondents in 2003 to rates as low as 10 percent for some components of the sample in 2014. To improve future NatSCEV response rates, Westat and the Crimes Against Children Research Center at the University of New Hampshire collaborated with the Bureau of Justice Statistics (BJS) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) to consider a range of design options, such as by using online questionnaire and internet panels. This report reflects our comprehensive efforts to review and assess NatSCEV and recommend revised approaches. Chapter 2 presents a brief background on the development of NatSCEV and its primary achievements. Chapter 3 and the related appendix present a review of the literature on gathering sensitive information about children’s victimizations, including whether and under what conditions it may be harmful to children to ask about violence exposure; what procedures minimize risk of participation; what is involved in obtaining informed consent, particularly in a self-administered mode; and how to maximize data validity and minimize social desirability bias and reporting errors. Previous versions of NatSCEV were lengthy and so need to be shortened to reduce respondent burden and enhance response rates, especially in the context of a move to self-administration. The redesign work identified ways to substantially reduce the length without sacrificing critical content, as well as ensuring the content is developmentally appropriate. As such, Chapter 4 and its appendix present a conceptual mapping of the current Juvenile Victimization Questionnaire (JVQ) items. To ensure that NatSCEV is providing valid measures of the concepts it intends to assess, Chapter 5 and its appendix examine the performance of prior JVQ items against scales such as the trauma scale. Chapter 6 presents the results of the cognitive interviews with revised questions. Based on these findings, Chapter 7 presents a revised draft of the JVQ. Chapter 8 provides three possible designs for a future NatSCEV: one that turns the NatSCEV into a supplementary collection of the National Crime Victimization Survey (NCVS), one based on a mixed online and face-to-face administration, and one based on a representative online panel.

Washington, DC: Westat, 2024. 338p.

A Longitudinal Study on Online Sexual Engagement, Victimization, and Psychosocial Well-Being

By: Felix Reer, Ruth Wendt, and Thorsten Quandt

Several cross-sectional studies have shown that online sexual engagement (OSE) in the form of sexting or sexy self-presentation on social media is associated with an increased risk of experiencing negative consequences, such as online sexual victimization (OSV) or lower levels of psychosocial well-being. However, representative and longitudinal studies are scarce. The current study follows three research goals: (1) examining the prevalence of OSE and OSV among a random-quota sample of 1,019 German Internet users aged 14–64 years, (2) examining gender and age-related differences in OSE and OSV, and (3) examining the longitudinal relationships between OSE, OSV, and psychosocial well-being over a period of 1 year. Our results indicate that OSE and OSV are relatively widespread: 17.7% of the participants had already experienced OSV, 25.3% indicated that they had presented themselves online in a sexualized manner at least once in the past 2 months, and 22.7% showed a certain willingness to engage in sexting. We found higher rates among the younger participants. However, to a certain degree, older individuals were also affected. Male participants showed higher sexting willingness and more often presented themselves in a sexualized manner than females, whereas only small differences related to OSV were found. Concerning relationships with psychosocial well-being, our cross-sectional results showed that OSE, OSV, and mental problems are intercorrelated. Furthermore, we detected a significant long-term relationship between higher sexting willingness at time 1 and more victimization experienced 1 year later, whereas no significant longitudinal associations with lower levels of psychosocial well-being were identified.

Front. Psychol., 07 December 2021

You can’t pour from an empty cup: Strengthening our service and systems responses for Aboriginal and Torres Strait Islander children and young people who experience domestic and family violence

By Garth Morgan, et al.

First Nations children experience high rates of domestic and family violence and are overrepresented in child protection systems in Australia. The long history of violence against Aboriginal and Torres Strait Islander people that commenced with colonisation, the effects of which are still being felt today, significantly contributes to these outcomes. Policies intended to respond to these harms, improve wellbeing, and enhance safety, instead continue to cause harm, rarely providing culturally safe, well-resourced and trauma informed solutions.

This is the second of two reports from the project, Service system responses and culturally designed practice frameworks to address the needs of Aboriginal and Torres Strait Islander children exposed to domestic and family violence. The project used culturally safe, participatory action research methods with First Nations community members in eight regional and remote locations across Queensland to generate new knowledge about what works for Aboriginal and Torres Strait Islander children who have both experienced domestic and family violence and had contact with the child protection system. The first report from this project, New ways for our families explored existing literature and presented the findings from the first action research cycles. The final report, You can’t pour from an empty cup presents the findings, conclusions and recommendations from the final rounds of action research.

Significantly, the researchers found that experiencing domestic and family violence negatively impacted childhoods, behaviours and the ability to form healthy relationships as adults. Harms were carried forward into adulthood as these children and young people became parents and moved through systems. As a result many experienced child protection responses that used oppressive and controlling techniques and this increased distress. Research participants identified that there was a lack of focus on providing healing and support services for children and young people who experienced DFV and that service providers were often ill equipped to respond effectively to trauma.

This research provides an understanding of how services and systems including health and education can better hear from and respond to Aboriginal and Torres Strait Islander children and young people who experience domestic and family violence. While conducting the research, and as a result of the initial findings which revealed the depth of cultural knowledge and community led solutions, the research team made the decision to also develop a culturally strong practice framework to guide policymakers and practitioners. The framework, Healing our children and young people: A framework to address the impacts of domestic and family violence is available on the ANROWS website.

ANROWS, 2023. 103p.

Pooled Prevalence of Violence Against Men: A Systematic Review and Meta-analysis of a Silent Crises

By Sana Rehman, Memona Habib, and Saad Bin Tahir

Intimate partner violence (IPV) against men has become a serious and widespread public health issue, but limited research about the occurrence of female-to-male violence is available, as most studies on the subject have focused on female victims only. The study aims to determine the pooled prevalence and predictors of physical, emotional, and sexual violence against men across all recall periods and the potential risk factors of male victimization. Databases of PubMed, PsycINFO, PsycARTICLES, Scopus, Google Scholar, Science Direct, EMBASE, and JSTOR were searched. Data were extracted from studies published in 2010 to 2022. A systematic review and Random effect meta-analyses for the pooled prevalence were performed. Thirty studies with 58,357 participants were included in the final analysis. The pooled prevalence of Physical IPV was 20% (95% CI: 11–28%), Psychological IPV was 44% (95% CI: 30–59%), and Sexual IPV was 7% (95% CI: 3.1–10%) in Victimization for all recall periods, respectively. Findings demonstrated psychological IPV as the most prevalent form of IPV among men, which suggests that effective attempts are required to develop related prevention programs for victims. Furthermore, gender, age, substance abuse, socioeconomic status, multiple sex partners, history of abuse, and childhood victimization were found to be the predictors of IPV among men. Implementations of policies are also needed to reduce IPV. The findings of the study were discussed in terms of counselling and interventions.

Violence and Gender: Volume: 10 Issue 4: December 8, 2023

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

By Lis Bates and Marianne Hester

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.

Bristol, UK: Centre for Gender and Violence Research University of Bristol , 2020. 41p.

An Examination into the Present and Future of Protective Orders Regulating the Family Home in England and Wales

By Ana Speed and Kayliegh Richardson

Occupation orders are the dedicated legal remedy through which victims of domestic abuse can be supported to remain in the family home following a relationship breakdown. Case law indicates, however, that victims experience barriers to securing orders due to the high threshold criteria and because concerns about protecting the rights of perpetrators has led to judicial reluctance to grant extensive protection to victims. The options for providing protection to victims of abuse in respect of the family home are shortly set to be reformed by the Domestic Abuse Act 2021, which creates a new Domestic Abuse Protection Order (DAPO). It is anticipated that DAPOs will be easier to secure because they will have a lower threshold criteria, they will be available in family, civil and criminal proceedings, and both victims and third parties will be able to make an application thereby alleviating the burden on victims who feel unable to take any action. Whilst there is no intention at this point to repeal occupation orders, the Home Office has acknowledged that ‘DAPOs will become the ‘go to’ protective order in cases of domestic abuse’ suggesting that occupation orders will be replaced by DAPOs in most cases.

By drawing on data obtained from an analysis of court statistics, a questionnaire of legal practitioners and domestic abuse specialists, and in-depth interviews with victims of domestic abuse, this paper offers original empirical insights into where the current law fails victims of domestic abuse. The analysis reveals three key barriers to securing occupation orders. Firstly, despite the Legal Aid, Sentencing and Punishment of Offenders Act 2012 making efforts to preserve legal aid for victims of domestic abuse, the means test is difficult for victims to satisfy, resulting in increases both to the number of victims taking no action to pursue protection and who act as litigants in person in occupation order proceedings. Secondly, the prospects of a victim securing protection can be adversely affected by their unrepresented status. Thirdly, despite case law indicating a less restrictive approach to granting occupation orders, many victims continue to struggle to satisfy the strict threshold criteria. Some judges are seemingly willing to bypass this by granting alternative remedies which may offer victims a weaker form of protection in respect of the family home. Where orders are granted, the data suggest this is on restricted terms and for limited durations which reduce their effectiveness at preventing post-separation abuse and supporting victims to regulate their short and longer-term housing situation. These empirical findings are then situated within a discussion of the Domestic Abuse Act 2021. The authors analyse whether forthcoming DAPOs are likely to offer a more accessible and effective form of protection than occupation orders. The analysis suggests that by increasing the scope of applicants, the breadth and flexibility of available protection and the sanctions for breach, DAPOs have the potential to remedy many of the existing barriers to securing protection over the family home. As is always the case with new legislation however, the key will be in its implementation, to ensure that existing issues are not simply transferred across to the new regime. The findings are novel because academic commentaries on protective injunctions typically focus on ‘personal protection’ offered by non-molestation orders, domestic violence protection orders, and restraining orders, meaning that both occupation orders and protection for victims in respect of the family home are under-researched areas of domestic abuse.

Journal of Criminal Law Volume 86, Issue 3 Jun 2022 Pages 145-220

Alternative Reporting Options for Sexual Assault: Perspectives of victim-survivors

By Georgina Heydon, Nicola Henry, Rachel Loney-Howes and Sophie Hind

Anonymous reporting tools for sexual assault contribute to gathering intelligence, reducing crime, increasing reporting and supporting survivors. This article examines victim-survivors’ knowledge of and experiences using alternative reporting options, drawing on data collected from a broader study of alternative reporting options for sexual assault. Focus groups with victim-survivors and interviews with support service staff reveal that survivors and support staff are unclear about how authorities use data from alternative reporting tools but can identify preferred designs for a form. Victim-survivors in particular strongly support having an alternative reporting option available.

Trends & issues in crime and criminal justice no. 678. Canberra: Australian Institute of Criminology. 2023. 17p.

Child maltreatment and criminal justice system involvement in Australia: Findings from a national survey

By Ben Mathews, Nina Papalia, Sarah Napier, Eva Malacova, David Lawrence, Daryl J Higgins, Hannah Thomas, Holly Erskine, Franziska Meinck, Divna Haslam, James Scott, David Finkelhor and Rosana Pacella

Few studies have examined associations between child maltreatment and criminal justice system involvement using large nationally representative samples and comprehensive measures of self‑reported maltreatment. This study analyses nationally representative data from the Australian Child Maltreatment Study, which surveyed 8,500 Australians to obtain self-reported data on all five child maltreatment types (physical abuse, sexual abuse, emotional abuse, neglect, and exposure to domestic violence) and criminal justice system involvement. We examine associations between self-reported child maltreatment, and chronic multi-type maltreatment, and arrests, convictions and imprisonment. Results show moderate associations between child maltreatment and arrests and convictions, and between maltreatment and imprisonment among men. Stronger associations were found for those experiencing three or more types of maltreatment.

Trends & issues in crime and criminal justice no. 681. Canberra: Australian Institute of Criminology. 2023. 21p

Police and Children's Court outcomes for children aged 10 to 13

By Susan Baidawi, Rubini Ball, Rosemary Sheehan and Nina Papalia

This paper outlines a retrospective follow-up study of all Victorian children aged 10 to 13 years with police contact for alleged offending in 2017 (N=1,369). The sample comprised relatively few 10- and 11-year-olds, while boys and Aboriginal and Torres Strait Islander children were over-represented. Most alleged offending was non-violent (71%), particularly among 10-year-olds (82%). Most matters did not proceed to court (80%), including 55 percent of matters which received police cautions. Of matters proceeding to court, 37 percent were struck out or dismissed, and a further 53 percent had outcomes not involving youth justice supervision. Half of children (49%) had no alleged offending in the following two years.

Trends & issues in crime and criminal justice no. 679. Canberra: Australian Institute of Criminology. 2024. 21p

Adverse childhood experiences among youth who offend: Examining exposure to domestic and family violence for male youth who perpetrate sexual harm and violence

By James Ogilvie, Lisa Thomsen, Jodie Barton, et L.

This is the second and final report to be produced from the “Adverse childhood experiences and the intergenerational transmission of domestic and family violence in young people who engage in harmful sexual behaviour and violence against women” project.

Building on work completed in the first report which analysed a small subset of cases, the authors have used two large existing datasets that coded information relating to adverse childhood experiences (ACEs) for male youth in Queensland who had committed an offence. The two data sets were Queensland Youth Justice records of proven offences (n=6,047) and clinical information maintained by Griffith Youth Forensic Services (GYFS) relating to young men who had been referred to services after perpetrating sexual offences (n=377). The analysis outlined the prevalence of specific ACEs by offence type (YJ dataset) and contrasted the prevalence of ACEs across male youth with and without histories of DFV (GYFS dataset); descriptive presentation ; descriptive analysis of group differences (sexual vs. non-sexual offending); and multivariate models to examine links between DFV and offending.

The report found that across both datasets, ACES were highly prevalent among young men who went on to commit sexual offences. They were also more likely to have experienced co-occurring ACEs. Young men who had been adjudicated for sexual offences were especially likely to have experienced DFV as children.

These findings provide an evidence base for designing program and policy responses for young men who have encountered the youth justice system.

These findings indicate that ACEs occur within a context of gender-based violence. Policy responses drawing on this evidence should prioritise early intervention and promote protective factors applied within a trauma and DFV informed practice framework.

Sydney: Australia’s National Research Organisation for Women’s Safety Limited (ANROWS), 2022. 64p

Analysis of linked longitudinal administrative data on child protection involvement for NSW families with domestic and family violence, alcohol and other drug issues and mental health issues

By Betty Luu, Amy Conley Wright, Stefanie Schurer, Laura Metcalfe

In a data first, this ANROWS report, released in partnership with researchers from the University of Sydney, highlights approximately 33% of all reports to NSW’s Child Protection Helpline express concerns about a child experiencing domestic and family violence, either alone or in conjunction with parental mental health and or substance use issues.

The research uses the newly established NSW Human Services Dataset to see how families interact with a range of services, including police, child protection and health, over time. The analysis focuses on cases reported to the NSW Child Protection Helpline, unveiling the challenges families experience with domestic and family violence, alongside parental mental health or parental substance use issues.

The findings also confirm that domestic and family violence, parental substance use and parental mental health issues are strongly interlinked and contribute to children being placed in out-of-home care, with findings suggesting that the odds of a child being removed double when all three issues are present.

Sydney, Australia's National Research Organisation for Women's Safety (ANROWS), 2024.89P.

Report of the Board of Inquiry into historical child sexual abuse in Beaumaris Primary School and certain other government schools

By Kathleen Foley SC Chair, et al.

The Board of Inquiry has found that the Department woefully failed to protect children from the risk of child sexual abuse at Beaumaris Primary School and certain other government schools between 1960 and 1994. The failings were serious and systemic and put many children at risk of sexual abuse.

Child sexual abuse is abhorrent. It can have life-long effects for victim-survivors. It can affect people’s mental health and well-being, relationships, and education and employment outcomes in ways that are profound and enduring. For some people, the weight of trauma can be too heavy to bear, and their loss causes deep grief for those left behind. The impacts are not confined to victim-survivors but extend to their loved ones, those who witnessed the child sexual abuse, and the broader community.

Despite the challenges, healing is possible. The Board of Inquiry heard about many experiences of personal healing from victim-survivors and their families — examples of courage and examples of hope. There were also many experiences shared about difficulties in finding the right help when it was desperately needed. It is important to understand the factors that contribute to healing and recovery, so that healing and recovery are within reach of all who need it.

The Board of Inquiry has examined the past to identify and understand historical wrongs. In addition, examining the past enables the broader community to move forward. By understanding where the education system failed, we can also better understand how to prevent further child sexual abuse occurring in government schools.

The report comprises six parts:

  • The preliminary material contains, in addition to this executive summary, the official documents connected to the delivery of the report, and a message from the Chair.

  • Part A, The Board of Inquiry, describes the establishment of the Board of Inquiry, explains how it approached its work, and contains important information concerning how it interpreted and applied the Terms of Reference.

  • Part B, Experience, places children’s safety in context by describing relevant policy settings and social and cultural factors present in communities between 1960 and 1999, particularly during the 1960s and 1970s, before documenting experiences of child sexual abuse and its impacts from the perspective of victim-survivors. This Part also includes 15 narratives from victim-survivors, secondary victims and affected community members in which they recall their experiences, in their own words.

  • Part C, Accountability, describes the education system between 1960 and 1999. It includes the narratives of four of the relevant employees who were examined in depth by the Board of Inquiry, explores concepts of grooming and disclosure, and outlines various system failings by the Department at that time. It then describes how child safety settings within government schools have since improved.

  • Part D, Healing, support and the future, describes the factors that promote recovery from child sexual abuse and the support services currently available to victim-survivors of historical child sexual abuse in government schools. It then explores barriers to effective support and how they could be addressed as part of an overall approach to healing. This Part includes the Board of Inquiry’s recommendations for the Victorian Government and the Department to support healing and address barriers to effective support. While these recommendations are drawn from the entirety of the Board of Inquiry’s work, they are particularly directed to the ‘healing’ and ‘support services’ aspects of the Terms of Reference.

  • Part E, Appendices, contains a range of documents to assist and inform readers.

Melbourne: Government of Victoria, 2024. 466p.

Police officers' perceptions and experiences of promoting honesty in child victims and witnesses

By Gadda Salhab, Lucy Akehurst, Hannah Cassidy, Victoria Talwar

Purpose: This two-phase study employed a mixed-methods design to explore UK police officers' perceptions and experiences of promoting honesty in child witnesses with a special focus on the recommended inclusion of Truth-Lies Discussions (TLDs) at the start of interviews with children.Method: In Phase 1, police officers completed an online survey designed to cover their experiences and perceptions regarding truth-promotion with child witnesses. In Phase 2, police officers were individually interviewed to elicit an in-depth understanding of current practice relating to this aspect of investigative interviews with children.Results: Around half of the survey respondents believed that TLDs promote honesty in children. The majority reported always using TLDs during interviews to ensure compliance with UK best-practice guidance. There was evidence of a misconception among some police officers that children's performance on TLDs was related to their subsequent truth-telling behavior. Following analysis of the interview transcripts, we found a main theme of police officers' uses of TLDs, which included (i) gauging children's conceptual understanding of truths/lies, (ii) ensuring no deviation from guidance and (iii) communicating children's credibility to the court. A second main theme revealed the challenges and obstacles police officers perceived when embarking on TLDs. These were that (i) one type of TLD is not suitable for all children, (ii) the training is insignificant and the application is inappropriate and (iii) participants sometimes use alternative strategies to promote honesty with children.

Legal and Criminological Psychology Volume 29, Issue 1 Feb 2024

Responding to Crimes of a Sexual Nature: What We Really Want Is No More Victims

By Kristen Budd, Sabrina Pearce and Niki Monazzam

Sexual violence in America remains a systemic social problem but excessive prison sentences do not address the root causes nor do they necessarily repair harm or bolster accountability. The misdirection of resources toward extreme punishment does little to prevent sexual violence. Since the 1990s, individuals convicted of sex crimes or sex offenses, which we call crimes of a sexual nature (CSN), have been subjected to an increased use of incarceration and longer sentences. They on average serve a greater percentage of their prison sentence compared to those sentenced for other crimes classified as violent, such as murder. The first federal law was also passed establishing state sex offense registries in 1994, the Jacob Wetterling Act.

This escalation in punishment severity and community surveillance occurred alongside two opposing long-term trends. First, recidivism rates for CSN in the United States have declined by roughly 45% since the 1970s. This drop started well before the implementation of public registration and notification, implying that the lifelong punishment approach was not responsible for this decline. Second, based on roughly three decades of nationally representative U.S. criminal victimization data (1993-2021), the number of rape and sexual assault victimizations decreased by approximately 65%. Yet, reactions to CSN continue to evoke failed policies of the past – statutorily increasing minimum and maximum sentences and requiring more time served before release – major contributors to mass incarceration.

This brief uses the term “crimes of a sexual nature” (CSN) to describe what are legally defined as “sex crimes” or “sex offenses.” While we do use similar terms interchangeably in this brief, The Sentencing Project recommends the use of “crimes of a sexual nature” to minimize labeling effects and potential cognitive bias.

Washington DC: The Sentencing Project, 2024. 14p.

“It's Like a Drive by Misogyny”: Sexual Violence at UK Music Festivals

By Hannah Bows, Aviah Day and Alishya Dhir

Despite increasing scholarly and media attention on sexual violence in public spaces, including those associated with the night-time economy and licensed venues, music festivals have been largely absent from research and policy. This paper presents the findings from the first UK study of sexual violence at music festivals, drawing on data from interviews with 13 women who have experienced some form of sexual harassment or assault at a festival. Analysis reveals that sexual violence at festivals occurs on a continuum and represents an extension of rape culture through which sexual violence is culturally condoned and normalized, enabled through a number of environmental and culture features that are unique to festivals.

It is widely recognized that sexual violence occurs in both public and private spaces; however, the majority of academic research and public/policy attention has tended to focus on sexual violence that occurs in private spaces, particularly the home (Vera-Gray & Fileborn, 2018). Despite the relative paucity of academic research on sexual harassment and violence in public spaces, anecdotal evidence, grassroots research, and industry surveys reveal that women routinely experience sexual harassment and sexual assault in public spaces, including public transport (London Assembly, 2016; SPA, 2014) university campuses (Brook, 2019) parks, and playgrounds (Budd et al., 2019). An international study of street sexual harassment in 22 countries reports that 50% of women have been fondled or groped and more than 81.5% of women have been harassed before the age of 17 (Hollaback, 2014). In the United Kingdom, 71% of women of all ages reported experiencing some form of sexual harassment in a public space, rising to 86% among 18- to 24-year-olds (UN Women UK, 2021).

Leisure spaces are frequently associated with sexual harassment and violence against women, particularly those linked to the night-time economy (NTE), situated within the “sexualized city” (Hubbard & Colosi, 2012). The existing work has illuminated the role that commercialized and heteronormative spaces play in contributing to developing “cultural atmospheres” (Kavanaugh, 2013, p. 242) where unwanted sexual attention becomes accepted as a normal part of being in these spaces (see Brooks, 2011; Fileborn, 2016; Gunby et al., 2020; Quigg et al., 2020; Sheard, 2011). In the United Kingdom, a Drinkaware study in 2015 reported 54% of women and 15% of men aged 18–24 experienced sexual harassment on a night out. Mellgren et al. (2018) found that sexual harassment of Swedish women occurred frequently at clubs and restaurants. More recently, Miranda and van Nes (2020) report that nearly all sexual violence cases occurring in public spaces at night are close to, or offer, nightlife activities. Moreover, emerging research in the context of live music venues has documented the routine everyday occurrence of harassment and sexual violence experienced by women in these environments (Hill et al., 2020). Thus, as Pain (1991) pointed out, while research may indicate the majority of (interpersonal) violence takes place in the private sphere (usually the victim's home), this does not mean the public sphere is a safe place for women.

Culturally and economically, music festivals are important British leisure events, at the “heart” of the British summer time (McKay & Webster, 2016). The turn of the century saw a massive expansion of the outdoor music festival scene into a large-scale commercial and corporate sector (Morey et al., 2014). Mintel (2018) estimates that there were 918 UK festivals in 2018, more than double that of a decade earlier, while CGA (2019) estimates more than 7.1 million people attended a festival in 2018. Many contemporary music festivals promote themselves by promising freedom, excitement, and hedonistic pleasure, thus encouraging consumers to purchase the experience of 1960’s hippie counterculture. “Freedom” is commodified as central to the marketing of many music festivals, which now form a highly commercialized sector of the UK leisure industry, subject to various regulatory restrictions (Griffin et al., 2018, p. 1). However, as festivals vary significantly in terms of size and audience make up, such as by age and the music genres or cultures being sought, it is important not to homogenize “the music festival.”

Demographically, the festival landscape has also shifted in recent years. Although music festivals were traditionally dominated by men, 60% of UK festival visitors in 2016 were female, an increase from 37% in 2015 (Statista, 2016). Elsewhere, women make up almost half of festival audiences. In Australia, 44.3% of festival attendees in 2018 were female (Hughes et al., 2019) and across European festivals in 2016 just over 45% of attendees were female (Statista.com, 2021).

Despite women occupying increasing space at festivals, the emerging research indicates they are not free to experience these events in the same ways as men (Aborisade, 2021; Baillie et al., 2021; Fileborn et al., 2020; Wadds et al., 2022). The two studies outside of the UK examining sexual violence at festivals through interviews with survivors (Aborisade, 2021 in Nigeria and Fileborn et al., 2020 in Australia) report on the normalcy of sexual violence in festival spaces, low reporting to festival staff or other formal agencies, and a range of negative consequences as a result of their experiences. These findings are supported by data in the United Kingdom and the United States. In the United Kingdom, a YouGov survey in 2018 reported that sexual harassment is prevalent at UK music festivals, revealing 43% of female festival goers under the age of 40 experienced unwanted sexual behavior at a music festival but only 2% reported to the police (although 7% did report it to festival staff). Our research has revealed similar findings, with 34% of women and 6% of men respondents experiencing sexual harassment at a festival in the previous five years, and 9% of women and 1% of men experiencing sexual assault (Bows et al., 2022). Interestingly, these reported levels are significantly lower than the figures reported in a survey of festival attendees in the USA, which revealed more than 90% of female respondents said they had been sexually harassed at a music festival or music gig/venue (OMMB, 2017).

Although there has been very little academic research on sexual violence at festivals, the issue has received high-profile media coverage over the last few years (Davies, 2017; Owen, 2021), leading to grassroots campaigns and activism (e.g., Girls Against and Safe Gigs for Women), in some cases, extraordinary responses from festivals. For example, in 2016 and 2017, a spate of rapes and sexual assaults of women at Bravalla, a Swedish festival, were reported, which led to the cancelation of the event in 2018 until men could “learn to behave themselves” (O’Connor, 2017). Similarly, Clear Lines Festival was set up in 2015—founded and crowd funded by volunteers—with the specific goal of addressing sexual assault and harassment through the arts and discussions. In the UK, the Association of Independent Festival led a campaign where music festival websites went dark for 24 h to raise awareness of sexual violence and call for positive action across the industry (Moore, 2017).

While the survey findings and media reports give some indication of the extent of sexual harassment and assault at festivals, there are major gaps in knowledge about the prevalence, nature, experiences, and responses to sexual violence. This article presents data from the first UK study to explore women's experiences of sexual violence at UK music festivals, contributing to the small but growing body of literature in this area (Aborisade, 2021; Baillie et al., 2021; Bows et al., 2020, 2022; Fileborn et al., 2020) and to the broader literature on gendered experiences of leisure spaces (Aitchison, 1999; Green & Singleton, 2006; Gunby et al., 2020; Hill et al., 2020; Stevenson, 2017).

Violence Against Women Volume 30, Issue 2 Feb 2024 Pages 347-688

The Post Office Scandal in the United Kingdom: Mental health and social experiences of wrongly convicted and wrongly accused individuals

By Bethany Growns, Jeff Kukucka, Richard Moorhead, Rebecca K. Helm

Background: Wrongful criminal conviction can signifi-cantly impair the mental health of exonerees. However, much less is known about wrongful accusation: the impact of wrongful legal allegations or investigations—absent con-viction—on mental health outcomes.Method: To address this gap, we surveyed 101 victims of the Post Office Scandal in the United Kingdom who were wrongly accused, convicted and/or investigated for finan-cial ‘losses’ that were actually caused by software errors.

Results: Most respondents reported clinically significant post-traumatic stress (67%) and depressive (60%) symptoms—irrespective of the outcome of their case. These results suggest that both wrongful accusation and wrongful conviction can significantly impair mental health.

Conclusion: Our findings have important implications for victims of the Post Office Scandal and highlight the unique needs of people impacted by flawed convictions and flawed legal accusations. Our findings underscore the need to pro-vide exonerees with holistic postrelease support and demon-strate that this support should also be extended to victims of wrongful accusation.

Legal and Criminological Psychology Volume 29, Issue 1 Feb 2024