Category: Domestic Violence

Victim blaming can affect trial outcomes – The University of Sydney

Child protection service documents are often proffered as evidence in family law, criminal, and other trials that involve domestic and family violence (DFV). They can also be or inform the basis for litigation, as well as court findings and orders.

Due to the language used in these documents, judgments can place more weight on the responses of victims/survivors than on the actions of men who perpetrate domestic violence. For example, documents used in court proceedings throughout Australia often framed domestic violence as ‘fights between parents’, ‘parental conflict’ or ‘mutual combat’, or domestic violence was framed as the outcome of a ‘dysfunctional relationship’. This can result in women being blamed for their own victimisation, or even being accused of complicity in the abuse of their children who are exposed to domestic violence.

“It’s essentially victim-blaming,” said analysis co-author, University of Sydney Associate Professor Susan Heward-Belle.

“Three particular representations we found in case notes were of mothers who fail to protect their children in a DFV context; domestically violent men being rendered invisible; and survivors’ mental distress and/or problematic substance misuse being de-contextualised.”

Associate Professor Heward-Belle, a DFV expert in the Sydney School of Education & Social Work, says the consequences of such representations can be stark. For example, legal orders that remove children from the care of their mothers for reasons directly attributable to male violence can be imposed. This is a large and expanding issue in Australia: in 2015–16, 55,600 children were placed in out-of-home care many for reasons directly connected with DFV.

Source: Victim blaming can affect trial outcomes – The University of Sydney

Women adversely impacted by justice reforms designed for violent male offenders

Policies that have been implemented to rein in the threat of violent offending men in recent years are having a disproportionate impact on low level female offenders, according to a new report.

The report, released on Thursday by RMIT University’s Centre for Innovative Justice, draws evidence about women’s involvement in the justice system in Victoria, examining why there is an escalating imprisonment rate for women in the state.

According to the report, female offenders are being disproportionately affected by reforms implemented following episodes of public violence by male offenders. For example, rules around access to parole were restricted after the conviction of rapist and murderer Adrian Bayley.

Source: Women adversely impacted by justice reforms designed for violent male offenders

City of Sydney Council evicts legal service for vulnerable women and girls – Women’s Forum Australia

The City of Sydney Council has terminated the tenancy of a women’s legal service over its views on women’s sex-based rights and the harmful impact of extreme gender ideology on women and children.

Source: City of Sydney Council evicts legal service for vulnerable women and girls – Women’s Forum Australia

Coercive control to be criminalised in NSW – Lawyers Weekly

An inquiry committee has unanimously agreed to criminalise coercive control in NSW, in a massive step for victims of domestic violence.

The Domestic Violence Death Review Team found that 99 per cent – 111 out of 112 – of intimate partner homicides between 2008 and 2016 in NSW was preceded by coercive control.

Source: Coercive control to be criminalised in NSW – Lawyers Weekly

What did Britney Spears say about the conservatorship?

Following years of forced silence, Britney Spears is asking a Los Angeles court to end the conservatorship that has controlled every part of her life since 2008.

For 13 years, the mother-of-two has been unable to make personal and financial decisions. Her father holds the role, by law, of her conservator – essentially a legal guardian.

After years of worldwide concern, and the uproar of the #FreeBritney movement, Spears is speaking for the first time.

Spears says she is currently forced to take birth control, despite her desire to have a baby.

Spears said her father, who serves as her conservator, should be in jail for his treatment of her.

She said she was forced to work against her will and had all her possessions taken away, including her credit card, cash, phone and passport.

“I worked seven days a week, no days off, which in California, the only similar thing to this is called sex trafficking…

Source: What did Britney Spears say about the conservatorship?

Mother must share cost of child visits with man who raped her | News | The Times

A rape victim is to appeal against a family court ruling which found that she must share the cost for the rapist, a former partner, to have contact with their child at a centre.

Claire Waxman, London’s independent victims’ commissioner, raised concern in January about a “pro-contact” culture. “The family courts system is letting down children and survivors of abuse,” she said in a statement.

“I am deeply worried by the severe lack of understanding of domestic abuse and trauma in the courts, and the fact that courts persist in prioritising contact between a parent and child — even when there are cases of domestic and sexual abuse. Survivors and children are being put at risk due to this pro-contact culture.” She added: “Pro-contact culture also means allegations of domestic abuse are being minimised and treated as irrelevant.”

Charlotte Proudman, a family law barrister, said that contact decisions were often made against the wishes of children “vehemently opposed” to contact.

.In a statement released through Waxman, she said: “Unfortunately, the family courts still take an approach that dates back to the 1970s where children are seen as unreliable witnesses of abuse or that they are being influenced by one parent to make allegations about the other parent, when more recent empirical evidence has proved this isn’t the case, and our understanding of the signs of abuse has improved.

The Women’s Aid charity said last year that a bias towards contact, even in cases of abuse, was leading to “a culture of routinely minimising and ignoring allegations of domestic abuse”. Women’s Aid found that 19 children had died between 2005 and 2015 in circumstances related to unsafe contact.

Polly Neate, the group’s chief executive at the time and now head of the housing charity Shelter, said: “The knowledge that severe abuse has taken place does not stop this relentless push to maintain as close a bond between father and child as possible. A father who has abused his child(ren)’s mother is routinely seen as a ‘good enough’ dad.”

Source: Mother must share cost of child visits with man who raped her | News | The Times

‘Bogus’ domestic violence orders on the rise as violent partners seek to silence survivors ‘out of spite’ – ABC News

Key points: Experts say perpetrators are increasingly taking out vengeful domestic violence orders against victims in a bid to intimidate them A study found nearly half of all female deaths had a cross application order out against them Police are considering having social workers attend domestic violence call outs with officers

Source: ‘Bogus’ domestic violence orders on the rise as violent partners seek to silence survivors ‘out of spite’ – ABC News

Lack of holistic court support leaves survivors of domestic and sexual violence traumatised twice – ABC News

As the nation grapples with the scourge of domestic violence, survivors and advocates are baffled as to why many victims still end up alone in the court room.

Ms Fenner says the abuse was one trauma and the court process was another.

Like many victims of crime, Ms Fenner was called to give evidence and was cross-examined.

She had come to terms with the fact she would have to relive painful memories.

But she said she was not expecting — let alone offered any support through — what she described as a gruelling torrent of humiliation.

Ms Fenner’s close friend Kelly-Marie Daly has worked in the domestic violence support sector for years and said the case highlighted inadequacies within current support systems.

“The actual support these ladies need is not even being funded, it’s not on the agenda,” Ms Daly said.

ules Thompson said there was a frustrating lack of holistic support available — especially for criminal matters.

“[Support is] needed every day a week in the court system because there’s always criminal matters.”

Source: Lack of holistic court support leaves survivors of domestic and sexual violence traumatised twice – ABC News