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VICTIMIZATION

VICTIMIZATION-ABUSE-WITNESSES-VICTIM SURVEYS

Speaking Truth to Power: The Role of Survivors in Driving Policy Change on Gender-Based Violence

By Lisa Wheildon 

The thesis examines the role of survivors of gender-based violence in policy development and mechanisms for engagement. It centers survivors’ voices and perspectives with 12 in-depth interviews, alongside interviews with policymakers and analyses of government and media reports. The thesis includes a case study analysis on the role of survivor Rosie Batty in Victoria’s family violence reforms and a second case study exploring the risks of co-production and the Victim Survivors’ Advisory Council. The findings highlight survivors’ strengths in generating community support, challenging institutional complacency and motivating stakeholders. The results underscore the need for role clarity and addressing power imbalances in co-production activities.

Melbourne: Monash University, 2022.

Domestic Homicide Review Final Report

By: António Castanho

This report concerns the review of a domestic violence homicide situation that was the subject of case No. 2892 / 15.9JAPRT of the Comarca of Porto Este, whose final decision resulted from a judgment of the Court of Appeal of Porto, 22.2.2017.

In this case, B, a male, aged 60, was convicted of qualified homicide [articles 131 and 132, paragraphs 1 and 2 b), e) and i) Criminal Code] and attempted qualified homicide (art. 22, 23, 73, 131, 132, paragraphs 1 and 2 (a), (c), (e) and (h) Criminal Code) and sentenced to 23 years and 10 months’ imprisonment.

  • The events occurred on September 27, 2015.

  • The victim of the murder was his wife - M who was 58 years old.

  • The victim of the attempted murder was the father of the attacker - J, aged 87.

The report includes:

  • a) The presentation of as much information as is known about the incident, the behaviour patterns of the perpetrator, the factors that influenced him, as well as the responses and support provided to the victims and the perpetrator; and

  • b) Analysis of the above with the aim of extracting lessons from this case so that changes are made to reduce the risk of further homicides.

Agency contact and involvement with the victims and perpetrator were considered from 2010 and included justice, police and health.

The review process began on 04/17/2017; the preliminary report was drawn up on 9/1/2017; the review meetings were convened on 9/9/2017, 27/9 and 10/25/2017.

The Domestic Homicide Review Team (EARHVD) was composed of its permanent members plus a non- permanent member representing the Republican National Guard (Territorial Command of Porto), the police force that had jurisdiction in the area in which the events occurred.

Case no1/2017-AC

Evaluating Domestic Violence Programs Manual

By: Dr. Jeffrey L. Edleson

The purpose of this manual is to help you make informed decisions about doing evaluation, and to provide you with concrete ideas for evaluating a specific program or group of programs.

In a clear and simple style, the issues, elements, and procedures of beginning evaluation are examined. You will learn how to develop goals and outcome objectives that will focus your program and facilitate productive evaluation. Benefits and drawbacks of program evaluation are laid out, along with guidelines for assessing your agency’s ability to conduct an evaluation. The basic evaluation process is mapped out in step-by-step fashion, complete with sample forms and questionnaires. Throughout this manual you are encouraged to focus on how your study results will be used. Finally, you will learn the most effective ways to present your findings to various audiences when your evaluation is finished.

If you are being asked to cooperate with an outside evaluator, this manual will help you know what questions to ask about the proposed evaluation. It will give you a basis on which to decide, if you have a choice, whether to open your program to the evaluation. If you don’t have a choice, you will gain insights that will help you determine whether you are being fairly judged by an outside evaluation and how to gain some control over the process.

Evaluating Domestic Violence Programs is based on 14 years of a unique collaboration between research and services. Whether your program is new or long established, you can gain a more intimate knowledge of it through the kind of evaluation explained in this manual. This knowledge can help you increase your effectiveness as an administrator.

Domestic Abuse Project 1997

Sustainable Empowerment of DR Congo Rural Women Survivors of Rape

By: Mugisho Ndabuli Theophile

This book highlights that there is a wide room for women victims of rape during war and those who are expelled from their families because they have been raped for empowerment. In this vein, the book portrays the different possibilities the Congolese Females Action for Promoting Rights and Development (COFAPRI) is exploring in order to empower rural women victims of war rape and domestic violence in the rural villages of the Democratic Republic of Congo (DR Congo). The aim of this emancipation is to help these victims to scar up both their physical and moral wounds in order to reshape the meaning of their lives, as well as their FKLOGUHQ¶V and then trace a peaceful way toward a future that gives hope and confidence in their hearts.

COFAPRI is a women’s grassroots organization that is operating in remote and dangerous villages of the eastern DR Congo. The villages of this part of the world are still a hub for militia and hooligans who are intimidating, raping, killing pitilessly women, children and the ecosystem. The organization is closely and tirelessly working with rural women who are victims of local discriminatory traditions in order to empower them for a better future. Such liberation aims to break these discriminatory traditions that reduce women and girls to nothing, making them second class people who have no word in families and in the country.

Biased traditions remain alarming and worse in remote villages where most girls and women are illiterate. In these areas, these mores are men’s invention and they [traditions] are vigorously protected by the same men for their personal interests. The main reason behind this safeguard is that the DR Congo is a strong paternalistic system that protects by all costs these traditions, making the women to be subjugated to men and remain eternal second class people who must live in total obedience of and dependence on men.

The situation of these victims worsened with the advent of warfare that added more weight on their natural plights of cultures. The women and girls, no matter their age and status, have been raped since 1996 (for more than 20 years today) when the unending wars started. Since the target of the fighters were women and girls, rape has then been used in different contexts, sometimes the victims were raped in the eyes of their relatives, children, husband, friends and neighbors. Through such terror, rape became an easy arm of war used by the rapists. The evil doers have been directing rape toward women and girls of all ages. In this period of cyclic wars has never been discriminatory, as it applied to women, girls, men and boys. With focus on women and girls victims, the aim of the rapists was but to hurt the victim physically and morally by dehumanizing her, cutting her off of her family and her community in order to weaken her properly, and so she can die while alive.

This did cause the victim unbearable shame and moral death. The victims were killed twice while alive. Rape caused the victims moral and physical open wounds and ultimate detachment from families and communities. These women have been raped and some of them contaminated HIV/AIDS and STDs (Sexually Transmitted Diseases); many others got pregnancies that delivered fatherless children.

The children born of rape never knew their fathers. As earlier stated, the DR Congo is a patriarchal community where women follow blindly all decisions made by the masters of traditions. So, children born of rape become detached from the family of the mother and that of the husband of the mother. Not having a family because one has no father totally isolates and discriminates the innocent child, which sometimes traumatizes them.

It is in this context that COFAPRI initiated some ways that these victims can walk in order to reach the other side of the tunnel. As a way of remaking their lives, these victims are involved in various income generating activities in their different villages. The activities include, among others, sewing, animal rearing, knitting, beading and small business. In addition, they also involve in basic reading and writing in order to better involve in their developmental activities. The women also get hygienic education in order to improve on their life conditions. All these activities are done in teams where participants exchange on different issues regarding their lives in home and in community. In their teams, and in turns, each member is at the same time a learner and a teacher. All in all, this aims to promote the rights of women and children, as well as supporting them along their new life in order to overcome trauma and poverty.

The children born of rape also suffer protracted discrimination in their families since they are wrongly believed to be social cast and burden. COFAPRI helps these children to remake their lives for a harmonious future by facilitating them to get school enrolment. The children are also accompanied by the same organization in their studies; they are paid school fees and equipment. Being fatherless and social cast has often created a negative personal consideration in the minds of these children, which ultimately pushes them to join local militia or other gangs associations in order to revenge, which makes the cycle of wars become repeated and perpetual. This makes more women and girls to be raped, and more fatherless children to be born. Such children, due to the social disrespect they experience, decide to join local militia with the aim of revenging. The above mentioned organization is doing everything they can for the moment in order to hinder children from linking with the militia as this will certainly make them act the same way as their anonymous fathers behaved. It is in this context that the children are getting support from this incredible organization that is operating in the remote and dangerous villages of the DR Congo.

The writer of this book collected information via desk research along with data from the organization. The book is part of details from a video conference that the Co-Founder and Executive Secretary of COFAPRI presented to Red Hila, in their last meeting in Colombia in 2014. In order to support the story, some quotes from the women and the children we work with have been inserted in the story, along with some of their pictures. The women gave us full permission to use their photos and quotes, and we got consent, as well, from the mothers of the children. In the minds of the women and the children, using their pictures and stories will hugely contribute to spreading the word in the world about the quandaries they are living while confined to their remote villages in the eastern DR Congo. They also think this is a way the world can equally learn of the steps they have already walked toward developmental empowerment.

The different wars the country has been plunged in have caused moral harm, as well as physical one to the victims. Basing on this, the organization is also empowering the abusers and the victims to forgive each other in order to reach social harmony. By forgiving, the victims want the reality on how they were raped be told with assurance. This will help both the abuser and the abused as their morals will be stable. If the women victims are forgiving their abusers, harmony can settle in the hearts of the people and so they can work together as a united team that has a common goal.

The organization is also committed to educate the population at large on ways of scaling down the effects of traditional discriminatory rules that have negatively affected women and children in their areas. In the same vein, it focuses on making the victims of rape and domestic violence be confident and remake their lives after the predicament of warfare they have endured within themselves, in their homes and in families, as well as in the wider community. Through education, COFAPRI believes a new horizon can still work for these innocent victims. Education is so powerful that it can generate hope in hopeless minds, it can rebuild broken hearts by making women and children pillars of their families, communities and the nation in the future. This is eventually supported by Sydney J. Harris, as he states “the whole purpose of education is to turn mirrors into windows”.

LAP Lambert Academic Publishing 2016

Evaluation of the Calgary Specialized Domestic Violence Trial Court & Monitoring the First Appearance Court: Final Report

By: Leslie Tutty, Jennifer Koshan, Deborah Jesso, Cindy Ogden, Jacqueline G. Warrell

The serious nature of intimate partner violence and the harm to women and their children has been acknowledged in numerous documents (Statistics Canada, 2005; Tutty & Goard, 2002). The costs to society for charging abusive partners and providing treatment in the hope of stopping domestic violence are substantial (Bowlus, McKenna, Day & Wright, 2003; Greaves, Hankivsky, & Kingston-Reichers, 1995; Healey, Smith, & O‘Sullivan, 1998).

The criminal justice system is an institution that deals with a high number of cases of domestic assaults yearly. While there is no separate domestic violence offence, abusers are subject to a variety of charges, from common assault to uttering threats to murder, that would apply to anyone regardless of the relationship between the victim and the perpetrator. Nevertheless, the dynamics and the intimate relationship between the accused and the victims in domestic violence cases, has severely challenged the criminal justice response that typically deals with crimes committed by strangers.

Beginning with the development of the court in Winnipeg in 1991, specialized domestic violence courts have become increasingly available across Canada with the goal of more effectively addressing the criminal justice response to domestic violence. The extensive effort involved in creating such specialized justice responses should be acknowledged. To date, however, few evaluations have been published that assess whether these initiatives make a difference, exceptions being the work of Ursel in Winnipeg, the Yukon Domestic Violence Treatment Option (Hornick, Boyes, Tutty & White, 2005: funded by NCPC), some courts in Ontario (Moyer, Rettinger & Hotton (2000), cited in Clarke, 2003; Dawson & Dinovitzer, 2001), and Tutty and Ursel in the Canadian prairie provinces (Ursel, Tutty, & LeMaistre, 2008).

Calgary‘s model developed in early 2000 with the input of key players from not only the criminal justice institutions such as police services, the Crown Prosecutor offices, probation, Legal Aid and the defence bar, but also community agencies that offer batterer intervention programs and support, shelter and advocacy for victims. The model was innovative, with the initial emphasis on a specialized domestic violence docket court with the aim of speeding up the process for those charges with domestic abuse offences to both allow low risk offenders to take responsibility for their actions and speed their entry into treatment.

Such actions were thought to better safeguard victims, both because their partners were mandated to treatment much earlier, and to prevent repercussions to victims who, if the case proceeded to court, might be required to testify. Crisis intervention theory has long posited that the sooner one receives intervention, the more likely the counselling will be effective (Roberts & Everly, 2006). Also, the safety and wishes of the victims are taken into consideration by the court team early on in the process, while the assault is still fresh in their minds and they are not influenced by the accused to the same extent as they might be later on.

RESOLVE Alberta, March 2011

Suffering for Justice:  Sexual Violence Victim-Survivors’ Experiences of Going to Court and Cross-Examination

By Ania Moroz and Tamar Dinisman 

“Looking back now, I wouldn’t have gone to the police, because it is one of the hardest things you can ever do in your whole life. I can’t even sum up in words what it does to you mentally and physically. You can be the world’s strongest person ever in the world, but going to court can break you. It’s awful.” Victim-survivor It is estimated that 1 in 4 women and 1 in 18 men have been subjected to some form of sexual violence since the age of 16 and that 1 in 6 children have been sexually abused.1 The majority of victim-survivors will not report the offense to the police. Of those who do report it, a very low proportion will receive a charge and have their case go to court. The number of victim-survivors of sexual violence who give evidence in the trial is not openly available. Nevertheless, the Ministry of Justice (MoJ) data shows that in the year ending June 2023, 11,506 defendants were proceeded against for sexual offences2, and, in 2022–23, 3,004 defendants were charged with rape-related offenses.3 This report focuses on the experience of sexual violence victim-survivors where the defendant has been charged and their case has gone through the court process. It focuses on the three main stages of this experience – before, during, and after giving evidence – and highlights the main challenges victim-survivors face at each stage. This report also makes recommendations for changes in policy and practice to address these challenges. To meet the aims of the research, a multimethod approach, combining qualitative and quantitative methods, was used. These include 12 semi-structured interviews with victim-survivors; focus groups and interviews with Victim Support sexual violence practitioners; and Victim Support sexual violence cases analysis.

Cardiff::Victim Support, 2024.   

Being a Man (Javanese Male Perspectives about Masculinity and Domestic Violence)

By: Nur Hasyim, Aditya Putra Kurniawan, and Elli Nur Hayati

This reports investigates the issue of violence against women using a different perspective, as opposed to studying women as the victims, the current study presents a perspective from the perpetrators of violence, namely men. The study explores how Indonesian men perceive themselves, and based upon the elaborations from the sources of the study, a strong value of male patriarchy is present among Indonesian males. With patriarchal values strongly embedded within most Indonesia men, it becomes plausible to assume that Indonesian men are susceptible to conduct violence against women. On the other hand, male hegemonic awareness becomes a large problem for men when they observe a situation that contradicts their assumptions, for example when women demonstrate to become more advanced in their education and career. In this context, men that are tied up in patriarchal cultures will view such events as threats or even a disaster.

Jambon IV Kompleks Jatimulyo Indah Yogyakarta 55242. 2011

Beliefs and Attitudes Towards Male Domestic Violence in South Kivu

By: Mugisho Ndabuli Théophile

Domestic violence is a branch of Gender Based Violence (GBV). Domestic violence is directed towards family members, particularly the wife and so it is rampant in the world. This research delves in the beliefs and attitudes towards male domestic violence in South Kivu province of the Democratic Republic of Congo (DRC). It also provides a comprehensive understanding of some different factors, forms, reasons and consequences of such violence in the province.

This research used qualitative approach with focus group and in-depth interviews with adult men in the mentioned province. There were organised two focus groups and two in-depth interviews. Fourteen men participated to these interviews. The researcher selected them with the help of the provincial authorities.

The dynamism of men’s beliefs and attitudes towards domestic violence in this province is of paramount importance to understand. The research found that South Kivu men believe that asserting power and masculinity in the family in general, particularly to the wife is their right. This connectivity promotes the widespread of GBV in the province. The participants also revealed that society fosters men’s power and masculinity over family members. This actually makes domestic violence become a culture in the area.

In combating domestic violence through means of education, awareness raising and law reinforcement and its fair implementation, families can be harmonious. This is possible if society motivates men to use their power and masculinity in a constructive way, and if the victims are helped to restore their self esteem, regain hope and break the silence.

Mugisho Ndabuli Théophile 2011

Children at Risk- Domestic Violence, Child Protection and The Children's Court of New South Wales Decision-Making Process

By: Nisha Prichard

This study set out to examine the decision-making process in care proceedings brought before the Children’s Court involving allegations of domestic violence as a child maltreatment concern in accordance with NSW Children and Young Persons (Care and Protection) Act, 1998. The growth in understanding of domestic violence as a specific category of child maltreatment has seen increased attention and involvement of an array of professionals in the child protection field including statutory caseworkers, solicitors, and other external services working with children and families. Court decisions encompass risk assessment and immediate and long-term safety planning. They also involve professionals navigating both shared and individual language in the process of assessment. What constitutes the specific risk of domestic violence, and decision-making in cases involving domestic violence is often contested in care and protection matters. This study utilised qualitative methodology, specifically applying a case study approach involving both a prospective and retrospective review of cases. The retrospective review followed a series of cases from the commencement of the court case, to the finalisation of orders. A parallel retrospective review of archive cases and court files from Community Services was undertaken.

Central to this study was examination of the role of professional stakeholders, their assessments and contribution to court decision-making. The findings in this study highlight that much professional decision-making occurs prior to proceedings. The decisions made in all reviewed matters were found to be the result of the coalescence of professional knowledge, interpretation and interagency collaboration. Professionals developed discourses of risk, compliance, insight and safety in their assessments. Such assessments formed a narrative of domestic violence characterized by an emphasis on summarising patterns within key incidents, evaluating the parent’s ongoing relationship dynamics and parenting capacity. Significantly, in this narrative, an inability to separate from a violent partner was indicative of a lack of maternal protectiveness. Additionally, childrens’ age and gender influenced the assessment of the impact of violence on individual children. These interpretations informed the court’s evaluation of evidence of domestic violence and its impact on children as well as the proposed interventions and care plans necessary to ensure children’s safety.

The University of New South Wales, 31 August 2015

Contradictions and Opportunities: Learning from the Cultural Knowledges of Youth with Histories of Domestic Violence

By: Tracey Michelle Pyscher

As a society, we do not openly discuss domestic violence and yet its reality is front and center for children and youth whose lives are deeply shaped by it. At best, the school landscape is bleak for many, if not all, HDV youth (i.e. youth with histories of domestic violence and youth currently living with domestic violence). We know little to nothing about how HDV youth navigate school from their perspectives—how they engage with and resist educational discourses and practices and thus take up subject positions. What we do know from popular, psychological literature is that HDV youth are often objectified as troubled and deficient and this shapes their identities and experiences in school.

In this study, I discuss the challenges HDV youth face when they navigate normative and hegemonic interactions in school. I also analyze the resistive identities and performances HDV youth take up in response to interactions perceived as violating. The study is situated in a public, urban middle school and outlines how HDV youth make sense of their daily interactions with school peers and staff. The study is told through the subjective voices of three female middle school HDV youth—Jen, Mac, and Shanna. Their stories along with the voices of their caregivers offer a counter-narrative to the dominant discourses often shaping the representations of HDV youth.

Data analysis is grounded in the theoretical conceptions of critical sociocultural theory (Lewis, Enciso, & Moje, 2007), resistive ambivalence (Pyscher, 2015; Pyscher & Lozenski, 2014), and Scott’s (1990) conceptualization of hidden and public transcripts. I seek to better understand and theorize the intersections of actions, identities, practices, and discourses that HDV youth use in educational interactions. The methodological foundation of this study is fourfold: critical discourse studies (Gee, 2014), critical ethnography (Emerson, Fretz, & Shaw, 1995), geosemiotics (Scollon & Scollon, 2003), and mediated discourse analysis (Jones & Norris, 2005). Implications include the possibility of creating more liberating educational practices for youth with histories of domestic violence and marginalized youth in general. I conclude by suggesting that we consider creating more transgressive and humane school cultures that embody carnivallike practices.

University of Minnesota, March 2016

DOMESTIC VIOLENCE: Australian Public Policy

By: Suellen Murray and Anastasia Powell

In August 2009, in response to an attack upon a federal member of parliament by her male partner, then Prime Minister Kevin Rudd was reported in the Melbourne Age as saying that ‘acts of violence against women are cowardly acts by men and have no place in modern Australia’. In the same article, the Minister for Women, Tanya Plibersek, said domestic violence ‘remained a serious problem despite changing attitudes’. Nearly 30 years earlier, the 1981 report of the New South Wales Task Force on Domestic Violence – one of the first initiatives taken in Australian public policy in this area – had identified domestic violence as ‘a deep-seated national problem’.3 What then has happened in the past 30 years?

Advertising campaigns in the intervening years have advised us to say ‘no’ to violence and explained where, if we experienced domestic violence, we could get assistance. Such campaigns have assisted in raising awareness and bringing about changes in attitudes. Self-evidently, domestic violence has not been eliminated – the attack on the member of parliament is just one of many examples – but has it been reduced? And what policies and programs have been put in place to tackle the problem of domestic violence?

This book provides some answers to these questions. We are particularly interested in how Australian governments have responded to domestic violence over the past 30 years, that is, the period roughly from 1981 to 2011. The central purpose of this book is to critically review the range of public policy responses to domestic violence (legal, welfare and prevention responses at both federal and state levels).4 We consider how domestic violence has been understood and the approaches that have been taken, as well as the impact on groups targeted by these responses (children, women, men, and Australian Indigenous peoples). The book includes up-to-date policy and legislative case studies from Australia to illustrate these responses, and also places this work within international debates.

In this book we argue that there have been significant changes in understandings of domestic violence over the past 30 years, resulting in – and to some extent produced by – heightened policy activity in this area. These policy shifts built on the campaigns and lobbying of the women’s refuge movement from the 1970s and the subsequent activities of feminist bureaucrats in Australian state, territory, and federal governments. During the 1980s, all Australian states and territories investigated the nature and extent of domestic violence. Out of these investigations came government commitments to address domestic violence in more than the ad hoc ways of previous decades. Since then, regardless of their political persuasion, governments across all states, territories and federally have maintained an interest in domestic violence, although their approaches have varied, with more or less attention paid to gendered or feminist analyses of domestic violence.

Despite the policy shifts and service developments around domestic violence across numerous key agencies, according to 2004 data, over a third of Australian women reported experiencing at least one form of violence from an intimate male partner during their lifetime. These findings reflect those published in the national 1996 Australian Bureau of Statistics (ABS) Women’s Safety Survey, in which 36 percent of women surveyed reported experiencing some form of physical or sexual violence since the age of 15 years. Over 75 percent of these incidents were at the hands of a current or previous partner or boyfriend. Similarly, a decade later, in the 2006 Australian Personal Safety Survey, 40 percent of women reported experiencing at least one incident of physical or sexual violence since the age of 15 years. While men who experience violence are most likely to be physically assaulted by a male stranger, women remain most likely to be assaulted by a current or former partner or family member.

Australian Scholarly Publishing, 2011

DOMESTIC VIOLENCE IN THE AZORES AUTONOMOUS REGION SOCIO-CRIMINAL STUDY

By: Gilberta Pavão Nunes Rocha, Piedade Lalanda, Suzana Nunes Caldeira, Áurea Sousa. Ana Cristina Palos, Daniela Soares, Nuno Martins, Sofia Rodrigues, Derrick Mendes

The basic objective of this research study is to understand the phenomenon of conjugal violence, using as a starting point complaints recorded by the Police Forces (PF), which in the Azores consist solely of the Public Security Police (PSP). The study aims to understand one part of the phenomenon of domestic violence, that which occurs between couples and which is reported since, as is well known, it is something often suffered in silence or confined to the privacy of the home.

In this study, we have preferred the term “conjugal violence” instead of “domestic violence”, as initially requested by the Directorate-General of the Ministry of the Interior (DGAI). This decision was motivated, firstly, by the significance of conjugal violence within domestic violence as a whole in the Azores, accounting for around 70% (DGAI). Secondly because, despite the importance of conducting a study of domestic violence, attempting to cover all its aspects (violence between couples, against children, the elderly or the disabled) was not consistent with the time available for the study.

While not dismissing the relevance of an evaluation of complaints of violence against children or the elderly, given that these situations represent a growing phenomenon in Portuguese society, such cases involve theoretical explanations and, mainly, representations and practices that are relatively distinct from those of conjugal violence, particularly in the case of Portugal. This situation is the third reason for restricting this study to violence reported in conjugal relationships.

Occasional Papers of the Ministry of the Interior, November 2010

Domestic Violence and Systemic Deception in the Family Legal System: A Compelling Case for Truthful Reform

By: JALESI NAKARAWA

This thesis investigates the influence of legal fiction over the philosophy behind family law in New Zealand and our subsequent responses to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact-finding. In family law, the convenient and crucially unrecognised fiction of the “ideal family” which may never have existed continues to drive the family justice system. The failure to be aware of the fiction may undo the justifications for its existence and undermine its utility.

Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these legal fictions to pursue just ends requires careful consideration to avoid causing real-world pathologies.

Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human negotiating behaviour. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the desired effect. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda can distort our assessment of domestic violence.

The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life as we live it daily. This and only this can provide a sound bases for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.

The University of Waikato, 2016

Federal Efforts in Examining Racial and Ethnic Disparities among Victims of Violent Crime

By the U.S. Commission on Civil Rights

Crime victimization has wide-reaching consequences for victims, their families and friends, their communities, and society in general. The rate of violent crime victimization has decreased dramatically since its peak in the early 1990s,1 providing the most relief to residents of disadvantaged neighborhoods who are most likely to experience violent crime.2 However, the nation recently experienced an increase in serious forms of violence. In 2020, homicide rates were 30 percent higher than the previous year.3 In the same period, aggravated assaults, including nonfatal shootings, also increased.4 While violent victimization rates started to decrease again after the first two years of the COVID-19 pandemic,5 violence remains a pressing concern for Americans.6 This trend merits closer investigation given that it follows decades of sustained progress and disproportionately affects underserved communities.7 To gain an understanding of federal efforts to evaluate racial disparities in crime victimization, the Commission voted on July 21, 2023, to examine the U.S. Department of Justice’s data collection on violent crime victimization and what that data show about disparate impacts of violent victimization on minority communities. This report uses social science methodologies to synthesize reliable research and present quantitative evidence from federal sources about racial and ethnic disparities in violent crime victimization from 2017-2021. Because crime concentrates in small geographic areas,8 the Commission also selected five jurisdictions to conduct a more in depth analysis of trends and racial disparities in violent crime victimization over the study period. In addition to relying on publicly available studies and data, the Commission held a public briefing on November 17, 2023, to receive written and oral testimony from academic and policy experts, former and current government officials, members of community advocacy groups, and violent  crime victims (see Appendix B). The Commission also sent formal requests for information to the U.S. Department of Justice. When considering all forms of violent crime, aggregated at the national level, there are no differences in the risk of victimization for White, Black, and Latino people.9 There are, however, enduring racial differences in homicide rates. Black Americans have long been the group most likely to be killed by homicide.10 Black Americans are 12 times as likely as White Americans to die by firearm homicide.11 The risk of homicide is highest for young, Black men. According to the Center for Disease Control and Prevention, homicide is the leading cause of death for Black males ages 1-44.12 Racial disparities in homicide are especially pronounced in large, metropolitan areas, where violent crime rates are the highest.13 The concentration of crime in large cities is a consistent pattern in crime trends over time.14 Within cities, violent crime concentrates in certain neighborhoods, street segments, or blocks.15 Ruth Abaya, Pediatric Emergency Medicine Physician and Senior Director for the Health Alliance for Violence Intervention, explains, “In many places throughout the country, community violence is concentrated, it’s cyclical, and it’s networked, creating cycles of harm and trauma that often impact multiple generations.”16 Hyperlocal crime concentration is not a new phenomenon. In their foundational study about the relationship between crime and place, influential U.S. criminologists Clifford R. Shaw and Henry D. McKay show that crime rates remain stable in neighborhoods over time even as the demographic composition of residents change.17 They argue that structural conditions, such as physical deterioration and high population turnover, create the conditions for crime.18 This finding is critical for framing racial disparities in crime victimization because it shows that the structure of high-crime neighborhoods, not factors related to the race of their residents, allows crime to flourish. Crime concentration in certain areas became associated with race because contemporary disadvantaged neighborhoods are predominately Black or Latino.19 Outdated government policies that created intentional residential racial segregation have had long-lasting consequences for where Americans still live.20 Ongoing racial segregation is associated with violent crime as the most segregated neighborhoods have elevated levels of violent crime.21 Data show that violence in these racially segregated and socioeconomically disadvantaged neighborhoods drives racial disparities in one serious type of violent crime: homicide.22 During the COVID-19 pandemic, as the overall crime rate fell,23 murder rates rose because of an increase in gun homicides in disadvantaged neighborhoods.24 A recent study demonstrates that the risk of firearm-related death or injury is more acute for young Black and Latino men who live in certain zip codes than for U.S. soldiers who were deployed to Iraq and Afghanistan.25 Enduring racist narratives of crime26 dismiss this violence as “Black-on-Black” without acknowledging that most crimes occur within racial groups (intra-racial).27 Elliot Currie, professor of Criminology, Law and Society at the University of California Irvine, argues that America’s “peculiar indifference” to high rates of murder among young Black men “is not only socially destructive and economically wasteful but a profound moral default.”28 Homicides comprise a small share of all violent crimes; there are no racial disparities in the overall rate of violent crime victimization.29 There are, however, other social and demographic correlates of victimization. One strong predictor of being a victim of a violent crime is having previously been a victim of crime.30 Data suggest that victims of violent crime are four times as likely to experience repeat victimization.31 Additionally, both income and age predict victimization. People living in households that earn the lowest incomes (i.e., less than $25,000), are more likely to be victimized than their higher income counterparts.32 Adolescents and young adults are also disproportionately likely to be victims of violent crime, regardless of geography.33 The relationship between age and being involved in crime, as both an offender and a victim, is one of the most enduring patterns in crime.34 There are no overall gender disparities in violent victimization.35 There are, however, gender disparities in experiencing certain kinds of violence. Men are more likely than women to be homicide victims.36 When women are murdered, however, they are five times more likely than men to be killed by an intimate partner.37 Regardless of the severity of the crime, most victims of violent crime know the offender.38 Data show that an individual who commits a violent offense is statistically at a higher risk of becoming a victim of a later violent crime.39 Violent crime victims are also more likely than others to engage in violence.40 Too often, however, this victim-offender overlap is ignored41 because it complicates the false narrative of the “good victim/bad offender” dichotomy.42 This dichotomy is problematic because it risks disregarding past experiences of victimization and trauma for people who have engaged in violence.43 Studies also show that it is highly unlikely that these victims seek or receive any victim services.44 For instance, one study shows that only 16 percent of crime victims who had been involved in the justice system as offenders report accessing programs such as victim compensation, victim advocate services from the police or district attorney, or help with legal proceedings.45 The researchers argue that so few victims accessing services is a “potential harm to the short- and long-term health of offender-victims, and harm to the overall well-being of urban, minority communities.”46 The effects of violent crime extend beyond immediate physical pain and injury. There are long term physical health correlates of violent victimization, including conditions such as heart disease,47 cancer,48 high blood pressure,49 and premature mortality.50 Violent crimes also have emotional and psychological consequences for those who are injured, which can include suffering from post-traumatic stress and other manifestations of trauma that negatively impact the victim’s quality of life.51 The effects of violent crime can also extend beyond the victims to adversely affect  family members and entire communities.52 Access to justice and rehabilitative services offers a vital opportunity to break the cycle of violence in communities. A major impediment to exploring crime victimization rates is that many crimes, even violent crimes, are not known to law enforcement; therefore, official numbers collected by the FBI may underreport the prevalence of the issue.53 For instance, in 2020, less than half (40 percent) of violent victimizations were reported to police.54 Victims may choose not to report a crime to the police for a multitude of reasons, such as fear of reprisal or stigmatization, believing the police would not or could not do anything to help, or believing the crime was too personal to report.55 Not reporting a crime has serious implications beyond public safety; data show that victims are more likely to receive services and access resources if they report an incident to law enforcement.56 Compensation and assistance programs are available to crime victims, but long standing research shows that these programs are underutilized, mostly because victims are not aware of the programs and services available to them.57 For instance, 2016 data from the National Crime Victimization Survey (NCVS) show that about 13 percent of violent crime survivors reported using victim services. For those who did not report the offense to police, only 5 percent reported utilizing services.58 More recent data show that the vast majority of violent crime victims continue not to receive assistance from victim service agencies; in 2021 just 9 percent of victims received services.59   (Continued) 

Washington, DC: USSC, 2024. 

How Tulsa, Oklahoma, Responds to Survivors of Domestic Violence: Results from an Assessment of Services and System Responses for Domestic Violence Survivors and Victims

By Storm Ervin, Erica Henderson

The Urban Institute received funding from the George Kaiser Family Foundation to conduct an 11-month mixed-methods assessment of adult domestic violence (DV) in Tulsa, Oklahoma. * The purpose of Urban’s study was to understand major programs, policies, services, and funding sources geared toward preventing and responding to adult DV survivors and recommend ways Tulsa could improve its response to domestic violence. The first part of the mixed-method assessment focused primarily on the largest service provider in Tulsa, Domestic Violence Intervention Services, Inc. (DVIS). The second part of the assessment focused on qualitative data collection with criminal legal and human services agencies and stakeholders to provide insight into the larger domestic violence landscape in Tulsa. Based on the assessment findings, we identified seven overarching recommendations for how Tulsa could improve its response to domestic violence. Overarching Findings Tulsa’s largest DV service provider, DVIS, and Tulsa’s family justice center, the Family Safety Center (FSC), offer a multitude of evidence-based practices for adult and child survivors. In addition, DVIS is successful in reaching and serving people with low educational attainment and unemployment, which are major risk factors for experiencing DV. Law enforcement has implemented evidenced-based screening tools—such as the Lethality Assessment Program and the Danger Assessment for Law Enforcement—to screen for lethality and strangulation among victims at the scene of DV incidents. Further, organizations engage in several interagency efforts to respond to DV through Tulsa’s Rapid Intervention Team, the FSC, Tulsa’s response to strangulation, and the Integrated DV Court. Finally, not without some challenges, federal and philanthropic funding sources have demonstrated commitment to supporting Tulsa’s response to DV. Our assessment also yielded notable areas for improvement. For example, Black and Indigenous survivors are vastly underserved by DVIS, though they are most likely to experience intimate partner homicide (Oklahoma Domestic Violence Fatality Review Board 2021). In addition, Tulsa has few programs aimed at intervening on behalf of children who experience or are at risk of DV. For both adults and children, stakeholders reported few programs for preventing DV. Moreover, stakeholders reported policy and practice constraints as negatively impacting survivors and intervention in DV. For example, failure-to-protect legislation was described as a method for criminalizing survivors. Stakeholders also reported that Battering Intervention Programs (BIPs) involve burdensome amounts of money and time for those who are mandated to participate. Moreover, policy constraints limit stakeholders’ ability to provide wraparound services to people who cause harm. Another notable challenge is the McGirt Decision, which established that state courts no longer have the authority to prosecute crimes committed by or against Oklahomans who are also tribal members, and in turn, complicated Tulsa’s ability to respond to people who cause harm and also belong to Indigenous communities. Other challenges include those related to specific agencies, such as law enforcement’s faithful administration of the Lethality Assessment Program (LAP) screens, the role that the Oklahoma Department of Human Services plays in separating children listed in protective orders, and service providers’ limited ability to provide more evidence-based services. Other notable challenges are agencies’ limited capacity and staff and a lack of sustainable funding sources.    

Washington, DC: The Urban Institute, 2023. 110p.

Art as a Catalyst for Social Capital: A Community Action Research Study for Survivors of Domestic Violence and its Implications for Cultural Policy

By: InSul Kim

The purpose of this dissertation study is to conduct an art-based, community action research study as a means (1) to support the recovery process of domestic violence survivors; (2) to produce social capital among members of the community to initiate civic discussions on the consequences of domestic violence; and (3) to investigate its implications for cultural policy as the outcomes of this study highlight the unique role of the arts in making a difference in people’s lives and communities. The artworks produced by the workshop participants of this study (i.e., domestic violence survivors) were exhibited in a professional gallery as a form of visual narrative that speaks for their wounded past and difficult journeys. The collected data strongly indicates that art can be an exceptionally powerful tool for communication and healing, when words and discussions fall short. Overall, this research investigates the instrumental functions of the arts as a means to produce social capital for personal well-being, social support, and social justice. The study was framed within action research methodology and the triangulation model in data sources, research methods, and theoretical lenses, while both quantitative and qualitative techniques were employed. The collected data were analyzed at three different levels: (1) Personal level (i.e., the art workshop participants: n=16), (2) Organizational level (i.e., the staff of the transitional housing facility and the gallery: n=6), and (3) Community level (i.e., the general audience who came to the exhibit: n=74).

Ohio State University 2011

Attitudes of Secondary and High School Students on Domestic Violence Against Women: A QUALITATIVE RESEARCH IN THE PROVINCES OF ANKARA, ERZURUM AND AYDIN

By: Dr. Hilal Özcebe, Dr. Sutay Yavuz, Hacer Taşcene, and Dr. Sinan Türkyılmaz

Around the world, women and girls are victims of countless acts of violence. The range of gender-based violence is devastatingly endless, occurring quite literally from womb to tomb. Violence against women and girls occurs in every segment of society – regardless of class, ethnicity, culture, or country.

While you are reading this text, many millions of women around the world will experience the trauma of violence and abuse. It is estimated that 1 in 3 women throughout the world suffer this violence during her lifetime. The same figure for EU countries is 1 in 5. Women in Turkey face violence like women in many other countries; the latest survey shows that 2 in 5 women have been exposed to physical violence. In the same research, 42 percent of women have been exposed to physical and sexual violence, and 44 percent of women have been exposed to emotional violence or abuse. All of these were caused by their husbands or partners.

Over the past 30 years, increasingly gender-based violence has been recognized both in Turkey and worldwide. One of the newest and most comprehensive international instruments to combat violence against women is “Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)” which was built on the 4P principle of ‘Prevention, Protection, Prosecution, and Policy’. For many years all the interventions to combat VAW have been mostly built around the protection and prosecution. However policy development and prevention are the weakest links of the combating interventions. Among the prevention interventions the most excluded groups have been the youth and children. As it is indicated in some research, children and the youth are the two groups who have been the silent victims of violence within the family even they are not the subject of direct violence. However it is also known that violence is an act that is learnt and to prevent violence against women, the interventions should be started in the early childhood.

Increased rates of violence worldwide have heightened the need to understand what children think about their experiences as victims or witnesses of violence. Much has been written about children and violence, but less has been written from the viewpoint of the children themselves. Without knowing their experience and perception it is impossible to develop any intervention to prevent violence against women regarding to early ages of youth.

This research which is the first in its area had been conducted to understand the perception of school age youth (ages between 11-17) on violence against women and gender inequality which is the root cause of the act. Upon the results of this research UNFPA with the relevant partners will develop prevention interventions for the school age children.

As UNFPA we would like to thank to the researchers, Prof. Dr. Hilal Özcebe, Assoc. Prof. Dr. Sinan Türkyılmaz, Assoc. Prof. Dr. Sutay Yavuz and Hacer Taşçene and the interview team for conducting this special qualitative research. We would also convey our gratitude to all the government officials, school principals and teachers who supported us in Ankara, Aydın and Erzurum.

Population Association (Turkey) and United Nations Population Fund - UNFPA November 2013

Multiple Perspectives on Battered Mothers and Their Children Fleeing to the United States for Safety: A Study of Hague Convention Cases

By: Jeffrey L. Edleson, Taryn Lindhorst, Gita Mehrotra, William Vesneski, Luz Lopez, and Sudha Shetty

Mothers who flee with their children because of domestic violence may have few other options to ensure their safety and that of their children in the face of their partner’s violence. Yet when their flight takes them across international boundaries, they become vulnerable to being legally treated as an “abducting” parent by the courts. This report focuses on the situations of women who experienced abuse in another country and came to the United States in an effort to protect themselves and their children, but who then faced civil actions in U.S. state or federal courts for child abduction under international legal agreements. We interviewed battered mothers around the world, their attorneys, their husbands’ attorneys and examined published judicial decisions in cases involving the Hague Convention on the Civil Aspects of International Child Abduction where there were also allegations of domestic violence by one parent against the other. The research team interviewed 22 mothers who responded to Hague petitions in U.S. courts, 23 attorneys representing both mothers and fathers in these cases and five specialists, such as expert witnesses. The research team also analyzed 47 published U.S. Hague Convention court decisions involving allegations of domestic violence.

Battered mothers who fled across borders to the U.S. to receive help from their families were often victims of life-threatening violence, and their children were frequently directly or indirectly exposed to the father’s violence. The women sought but received little help from foreign authorities or social service agencies and received little help from U.S. authorities once they came to the U.S. In fact, these mothers – most of whom were U.S. citizens – often faced U.S. courts that were unsympathetic to their safety concerns and subsequently sent their children back to the custody of the abusive fathers in the other country, creating potential serious risks for the children and mothers.

US Department of Justice, November 2010

Building Choice in Domestic Abuse Perpetrator Interventions: Reflections on What Clients, Victims and Practitioners Need 

By Nicole Renehan and David Gadd 

As the Probation Service moves towards a ‘new generation’ of programmes for domestic abuse perpetrators, it is important not to forget the lessons of the past. It is more than two decades since the inception of the Duluth Domestic Violence Pathfinder, the first probation-led programme for domestic abuse perpetrators in England and Wales. Despite the lack of an outcome evaluation, and a report critical about the early stages of its implementation (Bilby and Hatcher, 2004), the Integrated Domestic Abuse Programme, and an alternative Community Domestic Violence Programme, were rolled across all probation areas by 2005. The evidence in terms of what worked for domestic abuse offenders remained elusive nonetheless, with only one post-hoc evaluation more than ten years later suggesting marginally better outcomes for abusive men who at least start a programme (Bloomfield and Dixon, 2015). Both programmes were disbanded in favour of Building Better Relationships (BBR), currently the only accredited programme in probation for domestic abuse perpetrators, now about to be retired with a very limited evidence base against which to judge its effectiveness. As BBR is replaced with Building Choices, we must learn whatever lessons we can about how to intervene safely and effectively with perpetrators of domestic abuse. We do, however, know that the BBR era will not leave the intervention landscape unblemished. Two ethnographic studies, two inspections, and an evaluation feasibility study all raised substantive concerns regarding the quality of its implementation, unsustainable waiting lists, a less-than-impressed probation client group about the service received, and a stressed and overstretched workforce (Renehan and Gadd, 2024; Hughes, 2024; Teasdale et al., 2023; HM Inspectorate of Probation, 2023; 2018). The most critical lesson of Duluth – that effective work with men who abuse cannot be secured without adequately supporting their partners – has not always been heeded. It will need to be if Building Choices, a more generalised strengths-based programme, is to enhance the safety of adult survivors and their children at risk of repeat victimisation and to protect any new partners that men – who have been domestically abusive – form relationships with. Both the Home Office and the VCSE sector have agreed clear standards in terms of working with domestic abuse perpetrators (Home Office, 2023; Respect 2022). These include centralising victim safety; multi-agency working; timely, accessible and gender-informed interventions; and suitably skilled and supported intervention practitioners who can foster motivation for change. Fostering motivation, of course, relies upon the quality of the relationship between practitioner and client, something that can be hard to achieve for practitioners with high caseloads. The working alliance, therefore, should not be subordinated in any intervention, generalised or otherwise. There is scope for this within the Building Choices model, though it still requires considerable elaboration. Three elements provide the scaffolding of a preliminary, optional module ‘for those that need it’: • establishing a sense of safety • building working relationships • stimulating curiosity in change In this Academic Insights paper, we argue that these three elements should form the bedrock of – and be embedded throughout – any safe and effective intervention.  We explain some of the challenges that must be surmounted if the Probation Service is to achieve this.    

Academic Insights 2024/05 Manchester, UK:  HM Inspectorate of Probation, 2024. 14p.

Victim Experience of The Police Response to Stalking Rapid Evidence Review to Support The Investigation Into The Super-Complaint on The Police Response to Stalking 

By Rosie Erol , The College of Policing

Many cases of stalking are not reported to the police, due to fear of escalation, uncertainty about what the police will do and not being taken seriously. For victims that do report, the decision to call the police occurs when an escalation in stalking behavior means they feel they need additional support to cope. The majority of victims were dissatisfied with the police response at some point during their interaction. Victims with a more positive experience felt that officers understood the context and nature of the stalking behavior and the impact this had on their lives. Factors leading to positive engagement included having a named officer managing the case, feeling the police were proactive and being informed of progress. The research identified several ways in which the victim experience could be improved. Awareness raising for police officers around the complexities and dynamics of stalking would help in understanding the victim experience, particularly around cyberstalking. Having stalking specialists in forces could support investigations, along with improved partnership working with stalking advocates. Ensuring victims were provided with information about the investigation process and also practical advice about staying safe would provide a better experience for victims reporting to the police.  

Ryton-on-Dunsmore Coventry, UK:  College of Policing, September 2024  26p.