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 Dan A. Black Jeffrey Grogger Tom Kirchmaier Koen Sanders

Domestic abuse is a pervasive global problem. Here we analyze two approaches to reducing violent DA recidivism. One involves charging the perpetrator with a crime; the other provides protective services to the victim on the basis of a formal risk assessment carried out by the police. We use detailed administrative data to estimate the average effect of treatment on the treated using inverse propensity-score weighting (IPW). We then make use of causal forests to study heterogeneity in the estimated treatment effects. We find that pressing charges substantially reduces the likelihood of violent recidivism. The analysis also reveals substantial heterogeneity in the effect of pressing charges. In contrast, the risk assessment process has no discernible effect

IZA Discussion Papers, No. 15885, Bonn: Institute of Labor Economics (IZA), 2023.

By Pamela B. Teaster; Erica Wood; Sally B. Hurme; E. Carlisle Shealy

This is the full report resulting from a four-part environmental scan of the issues of abuse by guardians and systemic guardianship abuse, requested in 2021 by the National Institute of Justice (NIJ), showing that more work and reform related to abuse and fraud by individual guardians and the guardianship system are required. The scan consisted of a literature review of research; a scan of the data landscape; a scan of legal, policy, and practice context; and considerations for data collection. This paper is the full report of the scan and its findings. On June 30, 2021, the U.S. Attorney General and the Secretary of the Department of Health and Human Services received a request for information from Senators Elizabeth Warren and Robert Casey about the roles of the Departments of Justice and Health and Human Services concerning the collection of data on adult guardianship — particularly data on abuse and fraud by guardians. Part 1 was an extensive literature review. Part 2 examined how states collect data on adult guardianship. Part 3 highlighted the difficulties in determining the number of adults with guardians as well as the prevalence of abuse by guardians. Building on this research, the authors recommended federal actions to help states detect and address abuse.

Unpublished report, 2022. 146p.

By John K. Roman, Anthony Washburn; Sofia Rodriguez; Caterina G. Roman; Elena I. Navarro; Jesse T. Brey; Benjamin M. Reist

This final report of the HAVEN Project (Harms After Victimization: Experience and Needs), which was launched in 2020 as an update to the 1996 National Institute of Justice study, Victim Costs and Consequences: A New Look. This document reports on the HAVEN Project’s use of data, measurement, and analytic tools that were not originally available in 1996; it also examines the HAVEN Project’s expansion of the taxonomy of harms from victimization and development of a survey instrument and methodology to facilitate the collection of self-reported data on the harms from violent victimization across multiple dimensions that are typically excluded from violent crime harms measurement. The HAVEN Project also introduced a regression-based cost-benefit model that may be integrated into causal models. The key research questions discussed in this final report are: if regression models of victimization harms, including estimates of the variance in harms experienced by victims, are feasible; how integrated data systems (IDS) can be employed to estimate trajectories of harms using the harm taxonomy developed, and what the strengths and limitations of those data systems; if those new definitions of direct and indirect harms to victims change estimated costs of victimizations, and if those new definitions are applicable to all crimes; if household survey data can generate estimates of the incidence of each victimization trajectory, and what can be learned from the analyses about those harms that may not require hospitalization; if new cost benefit analysis (CBA) methodologies can improve the quality of program evaluations that include harms to victims; and which types of victimization are most harmful.

Chicago: NORC at the University of Chicago, 2023. 37p.

By NSW Domestic Violence Death Review Team

This report is the most comprehensive data analyses the Domestic Violence Death Review Team has undertaken to date, presenting detailed findings from over two decades of domestic violence homicides in NSW. It provides crucial insights to guide policymakers, service providers and advocates in preventing, responding to, and aiding recovery from domestic violence.

The dataset has continued to grow year-on-year, not only in the number of cases— now over 1,800— but also in relation to the breadth and complexity of the data captured. The analysis in this report identifies a range of key findings and themes to direct the Team’s work as it recommences its in-depth case review analyses over the next reporting period.

Key findings

• Almost one-third of all homicides in NSW occurred in a context of domestic violence.

• While most homicides overall involved the deaths of males, females were far more likely to be killed in a domestic violence-context homicide.

• Approximately 80% of intimate partner violence homicides involved men killing women.

• Men who killed their female intimate partner were almost always the domestic violence abuser in the relationship, while women who killed men were almost always the victim of their partner’s violence.

• Over 25% of people killed in a context of domestic violence were born outside of Australia.

• Almost 19% of people killed in the context of domestic violence identified as Aboriginal and/or Torres Strait Islander.

• For 90% of children killed there was a history of intimate partner violence between their parents.

• Over 80% of relative/kin domestic violence-context homicide offenders had a history of experiencing mental health issues.

Sydney: Government of New South Wales, 2024.

By Elena Campbell, Todd Fernando, Leigh Gassner, Jess Hill, Zac Seidler, Anne Summers

The purpose of this review was to draw together advice and identify opportunities to strengthen prevention efforts and approaches across all forms of violence against women and children, including a particular focus on homicides. The report provides specific and practical advice to strengthen prevention approaches, and builds on work currently underway in the National Plan to End Violence against Women and Children 2022-2032.

The Rapid Review highlighted a number of areas of priority including:

• responding to children and young people’s experiences of domestic, family and sexual violence

• engaging with men and boys in violence prevention, including meeting them where they are at

• better understanding pathways into perpetration to improve targeting of early intervention initiatives, with the aim of preventing violence from occurring.

The report makes 21 recommendations across 6 key areas of:

• A national emergency – and an ongoing national priority

• The prevention potential

• Prevention through people

• Prevention through responses

• Prevention through systems and industries

• Prevention through learning and data.

Canberra: Department of the Prime Minister and Cabinet (Australia), 2024. 97p.

By The Young Women’s Alliance

This report examines young people’s relationships, sex lives and experiences of disrespect and violence. The evidence reveals:

• Statistically significant disparities between young women and men. For women, heightened vulnerability snowballs into disadvantage in other life areas; for men, early sexist views compound in educational and workplace settings, and can manifest in violent behaviour.

• YWA's original psychological risk profile of young men is more highly correlated with GBV perpetration than the Ambivalent Sexism Inventory (ASI), a validated indicator of likelihood to engage in violent behaviour.1

• A stark reality exists where 90% of interviewed women see sexual violence and/or assault as inevitable in their lifetime (if it had not already occurred); a matter of ‘when’ not ‘if,’ expressing that violence is synonymous with womanhood.

• Significant gender disparities in perceptions of sexuality-related education, with men rating the education they received on sex and consent as significantly better than women, a concerning gap in preparedness prior to formative sexual experiences.

• YWA’s original Gender and Relationship Distress Score, a 12-item measure, indicates that more than 1 in 5 young women (21.8%) experience significant gendered distress in their intimate relationships.

Australia: Young Women's Alliance, 2024. 96p.

By Kate Fitz-Gibbon, Jasmine McGowan, Rebecca Stewart

This study privileges the voices of children and young people with lived experience of family violence. It seeks to extend current understandings of how child-specific risk identification, assessment and management practices can best be developed, implemented and embedded across Victoria.

Melbourne, VIC: Monash University, 2023. 52p.

By The Royal Commission Into Violence, Neglect and Exploitation of People with Disability

In this Royal Commission, people with disability, their families and a range of other people shared their dreams and aspirations for an inclusive Australia. These visions were diverse but rested on a common foundation: a future where people with disability live free from violence, abuse, neglect and exploitation; human rights are protected; and individuals live with dignity, equality and respect, can take risks, and develop and fulfil their potential. We heard about these dreams and aspirations in Public hearings, including Public hearing 31, ‘Vision for an inclusive Australia’, as well as from submissions, responses to issues papers, private sessions, community engagements and research projects.1 This vision summarises what we learnt from people with disability, their families and supporters about their hopes for the future. Our public hearings, and the information we gathered from other sources, have necessarily focused on violence, abuse, neglect and exploitation. But people with disability have also told us about positive changes that have made their lives better, and their confidence that together we can shape a society which recognises, empowers and values disability as part of human diversity. They rightly insist an inclusive society is better for everyone. What follows is a sample of what we have heard from people with disability and their families about their visions for the future, drawing out themes that help us to understand what inclusion is all about. We then explore the foundational significance of a human rights approach to preventing and responding to violence, abuse, neglect and exploitation. Finally, we set out critical aspects of an inclusive society, highlighting the importance of listening to the voices, and recognising the leadership, of people with disability

Australia: The Royal Commission, 2023. 356p.

By Manudeep Bhuller,  Gordon B. Dahl,  Katrine V. Løken,  Magne Mogstad 

We study the costs associated with domestic violence (DV) in Norway by comparing outcomes before and after a DV report, using those who will be victimized in the future as controls. A DV report is associated with increased mental health diagnoses for both victims and their children and reduced financial resources. Victims experience marital dissolution, more doctor visits, lower employment, reduced earnings, and higher use of disability insurance. Their children are more likely to receive child protective services and commit a crime. Using a complementary regression discontinuity (RD) design, we find declines in children’s test scores and grade completion.   

Journal of Human Resources, April 2024, 59 (S) S152-S186

By Human Rights Watch

During the 1994 Rwandan genocide, sexual violence was rampant, with thousands of women being raped, mutilated, or forced into sexual slavery by militia, soldiers, and civilians[. The violence was primarily directed at Tutsi women due to their ethnicity and gender, often following the torture and killing of their relatives. Survivors face severe social stigma, health issues, and poverty. Many women are now heads of households, dealing with the aftermath of the genocide. International Response Efforts include support for judicial training, victim protection, and financial aid, but challenges remain in effectively addressing gender-based crimes and supporting survivors.

Human Rights Watch New York· Washington· London· Brussels. 1996. 109p.

Linda Elisabeth LaPinta and Mary Angela Shaughnessy

Focus on Battered Women: The book, "Sisters in Pain," highlights the stories of battered women in Kentucky who fought back against their abusers, emphasizing their struggles and resilience.

Legal and Social Challenges: It discusses the legal and social challenges these women faced, including the lack of enforcement of domestic violence laws and the societal norms that perpetuate abuse.

Personal Narratives: The book includes personal narratives and interviews with the women, providing a deep, personal look into their experiences and the impact of abuse on their lives.

Call for Change: The authors aim to raise awareness and inspire action to improve the legal and social systems that fail to protect victims of domestic violence.

University Press of Kentucky, 2014, 214 pages

By Joyce E. Wiliams and Karen A. Holmes

Second Assault: Rape victims often face a "second assault" of skepticism, blame, and condemnation from society, family, and even themselves.

Racial-Sexual Stratification: The study examines rape through the lens of racial and sexual stratification, highlighting how race and gender impact victimization and societal reactions.

Victim Experiences: The research includes detailed accounts from victims, exploring their immediate needs, coping mechanisms, and the long-term impact of rape.

Community Attitudes: The document analyzes public attitudes towards rape, revealing significant differences based on race, gender, and community, and suggests tailored community interventions.

Bloomsbury Academic, 1981, 232 pages

By Ann Wolbert Burgess

Victim Populations: The document explores various victim groups, including college students, psychiatric patients, and street prostitutes, highlighting the prevalence and impact of sexual assault on these populations.

Psychiatric Illness: There is a significant link between sexual abuse and psychiatric illness, with many patients showing difficulties in coping with anger, aggression, and trust.

Victim Response Strategies: Different strategies victims use to respond to sexual assault are discussed, including their effectiveness and psychological impact.

References: The document includes numerous references and studies, providing a comprehensive overview of research on rape and sexual assault.

Garland Pub., 1985, 430 pages

By Diana E. H . Russell

Authorship: The book is authored byDiana E. H. Russell and published by Macmillan Publishing Co., Inc.

Content Focus: It explores the legal, social, and personal aspects of marital rape in the United States.

Study Basis: The book is informed by a study that found 14% of interviewed women who had ever been married had been raped by a husband or ex-husband.

Historical Context: The issue of wife rape is placed within the broader context of patriarchal family structures and the historical view of wives as property

The section sets the stage for a detailed examination of the complex and often hidden crime of rape within marriage.

Indiana University Press, 1990, 412 pages

Edited by Alan D. Berkowitz

Focus on Men: The document emphasizes the responsibility of men in preventing rape and provides resources for professionals in higher education to work with college men on this issue.

Research and Theory: It reviews empirical research on college men as perpetrators of sexual assault and proposes an integrative theoretical model for rape prevention programs.

Prevention Programs: It describes a model acquaintance rape prevention program for men, including program philosophy, facilitator selection and training, content, and evaluation.

Student Perspectives: Insights from student facilitators who participated in rape prevention programs, highlighting their experiences and the impact of these programs.

Jossey-Bass, 1994, 91 pages

Victoria Hayes

Many members of the international community fear that world sporting events, such as the Olympics and the World Cup, create surges in human trafficking for sexual exploitation, causing women and girls to be exploited for commercial sex while the rest of the world celebrates athleticism and sport. These fears have sparked heated debate about the measures hosting countries should take to prevent human trafficking at these events and the role prostitution policies play in combating human trafficking. In the lead-up to the 2010 Olympics in Canada and the 2010 World Cup in South Africa, politicians in both countries proposed legalizing prostitution as a means of combating human trafficking at the events. This Note explores the connection between prostitution laws and sex trafficking, as well as the link between world sporting events and sex trafficking, with specific reference to preparations for the recently completed 2010 Olympics and the upcoming World Cup. Drawing on research about human trafficking at the 2004 Olympics in Athens, the 2006 World Cup in Germany, and the 2008 Olympics in Beijing, this Note argues that specific anti-trafficking efforts are more effective than prostitution policy reform in combating human trafficking. Finally, this Note critiques Canada's anti-trafficking related preparations for the 2010 Olympics and provides general recommendations for strengthening South Africa's anti-trafficking efforts before the 2010 World Cup.

85 Chi.-Kent L. Rev. 1105 (2010).

By World Athletics

World Athletics today (22 December 2023) published findings of a study conducted during the World Athletics Championships Budapest 23 focused towards identifying and addressing abusive and threatening behaviour aimed at athletes on the X and Instagram social media platforms.

Building on the past two years of implementing greater safeguarding measures in athletics, 449,209 posts and comments were analysed between 18-28 August for abusive content in 16 different languages and additional dialects, protecting 1344 athletes with 1666 active accounts across both platforms.

This included text analysis, through searches for slurs and other phrases (including emojis) that could indicate abuse. Image recognition tools were also deployed to flag potentially offensive images. These findings were then compared to results from the previous study, conducted a year earlier at the World Athletics Championships Oregon22 (15-24 July 2022).

The research once again identified clear instances of online abuse and threats, targeting athletes competing at the World Athletics Championships Budapest 23. It detected notable examples of racist and sexualised abuse, with a selection of posts extending into potential action from law enforcement.

The study revealed:

X (formerly Twitter) was the preferred channel for abusers, accounting for almost 90% of detected abuse, a 500% relative increase compared to 2022

Racist abuse made up over one third of all abuse, an increase of 14% from 2022

Male athletes faced an increase in abuse, with the gender split of abuse being 51% targeting men and 49% targeting women

Two athletes out of 1344 monitored received 44% of all accounted abuse between them\

The levels of abuse detected during Budapest were noticeably higher when compared with the previous year’s study conducted during the World Athletics Championships Oregon22. Of the instances of racist abuse detected, the vast majority came on X. The abuse was overwhelmingly targeted at black athletes, with invocations of monkey imagery and deployment of the N-word in several spellings.

This is the third study of its kind in athletics and forms part of a research project World Athletics is conducting stretching over four years to fully understand the size, scale and gravity of online abuse athletes face during major sporting events. It is the third deployment of Threat Matrix, an initiative by data science company Signify Group, supported by sports investigations company Quest.

With a fourth study due to be carried out at the Olympic Games in Paris next year, the combined research will then encompass data from two Olympic Games as well as two World Athletics Championships, with events staged across Asia, Europe and North America.

World Athletics, 2023. 12p.

UNITED STATES. DEPARTMENT OF HOMELAND SECURITY

From the document: "On November 14, 2023, Secretary Mayorkas tasked the HSAC [Homeland Security Advisory Council] with forming a subcommittee on Combatting Online Child Sexual Exploitation and Abuse (CSEA) to develop the DHS strategy to protect community stakeholders from incidents of CSEA, consistent with the Department's authorities. To address these findings, the subcommittee makes the following six recommendations to DHS: 1. Establish, resource, and empower an office within DHS to lead Departmental efforts to counter online CSEA and form a center within DHS to organize a whole-of-government approach to addressing online abuse and exploitation. 2. Leverage existing tools; develop and advocate for policy solutions. 3. Increase participation in the combatting of CSEA by the major platform vendors. a. Build a uniform technology platform with a public private partnership for monitoring and reporting on all investigations, past and present, open and closed. This platform would be used as the system of record for all investing agencies. b. Reframe and realign incentives to partnership through legislative actions. 4. Prioritize vicarious trauma and workplace well-being support for law enforcement, civil society employees, and other frontline staff who encounter CSEA material in their work. 5. Bolster and sustain DHS external engagement for the Know2Protect Campaign by expanding resources and outreach with the Department of Education (ED). 6. Lead engagement with economic and regulatory federal partners to increase the interdepartmental approach to combatting CSEA."

HOMELAND SECURITY ADVISORY COUNCIL. COMBATTING ONLINE CHILD SEXUAL EXPLOITATION AND ABUSE SUBCOMMITTEE. 2024. 23p.

By Carolina Villacampa, Marc Salat

This publication examines the legal landscapes surrounding forced marriages in Germany, Spain, Ireland, and Finland, offering insights into prevailing legal approaches and institutional initiatives. Through comparative research, it sheds light on the prevalence of forced marriage in these countries, the legal strategies deployed to combat it, and existing institutional efforts to support victims. By delving into international obligations and their integration into domestic legal systems, the publication aims to foster a more gender-sensitive and victim-centered approach to support services, ultimately working towards preventing forced marriages and mitigating their consequences. This resource is designed as a tool for policymakers and practitioners, providing insights to guide future interventions and promote informed discussions in the field of forced marriage prevention and victim support.\

Report Series no. 104. Helsinki: HEUNI, 2024. 87p.