Changing responses to sexual & domestic violence
Changing responses to sexual & domestic violence |
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Professor Jill Radford, University of Teesside, Chair Tees Valley Sexual Violence Forum. Member Middlesbrough Domestic Violence Forum.
ABSTRACT
Drawing on the United Nations concept of ‘gender violence’, the
interconnections between sexual and domestic violence are explored. The nature,
extent and impacts of these crimes are reviewed to provide the context against
which the changing social, health and legal responses are examined. Changing
responses include developments in multi-agency working, which at present include
some limited involvement of health services, which hopefully will be increasing.
Attention is also given to the new legislative frameworks provided by the
Domestic Violence, Crime and Victims Act (2004) and the Sexual Offences Act
(2003) as both contribute to new approaches to survivors of these crimes, most
commonly, women and children, based on dignity, respect and rights.
Key words: Gender violence, domestic violence, multi-agency approaches, dignity,
respect and rights
INTRODUCTION
Rather than addressing sexual and domestic violence as discrete or separate
issues, this paper takes their interconnectedness as its starting point. It
draws on the concept ‘gender violence’, more commonly found in international
discourse. This concept, while recognising that men can be victimised by these
crimes, emphasises their gendered nature, in that they are overwhelmingly
committed by men and it is women and children who are most frequently
victimised. This is illustrated in the definition of in the United Nations
definition of gender violence:
Gender violence is an obstacle to the achievement of the objectives of equality,
development and peace. It both violates and impairs or nullifies the enjoyment
by women of their human rights and fundamental freedoms.
The long-standing failure to protect and promote those rights and freedoms in
the case of gender violence is a matter of concern to all States and should be
addressed.
In all societies, to a greater or lesser degree, women and girls are subjected
to physical, sexual and psychological abuse that cuts across lines of income,
class and culture.
United Nations: Declaration and Platform of Action, Beijing, 1995
http://www.un.org/womenwatch/daw/beijing/platform/
As well as emphasising that gender violence is a global problem, this
definition contains an important reminder that it is also a human rights
violation and indeed no respecter of social divisions in relation to class,
culture, ethnicity or age. Furthermore, this statement acknowledges that
governments around the world have systematically failed to provide justice or
protection in respect of gender violence. It was this latter statement, accepted
by the, almost two hundred, signatory states, including the UK, which prompted
changes to law and social policies world –wide in the years leading to and
following the Declaration. Signatory states are required to submit regular
reports on progress re implementing the Platform of Action.
The Beijing Declaration continues by exploring the several contexts of gender
violence:
A. Physical, sexual and psychological violence occurring in the family,
including battering, sexual abuse of children in the household, dowry-related
violence, marital rape, female genital mutilation and other traditional
practices harmful to women, non- spousal violence and violence related to
exploitation;
B. Physical, sexual and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment and intimidation at
work, in education and elsewhere, trafficking in women and forced prostitution
C. Physical, sexual and psychological violence perpetrated or condoned by the
State, wherever it occurs.
United Nations: Declaration and Platform of Action, Beijing, 1995
http://www.un.org/womenwatch/daw/beijing/platform/
This statement shows that it is context, rather than the nature of the violence
that distinguishes its different forms. It makes clear that the physical, sexual
and psychological violence which characterises domestic violence, (A), is also
found in the community and public spheres (B) and in war and situations of civil
conflict C. As Southall Black Sisters (1993) have stated:
`Violence against women is the most pervasive form of human rights abuse around
the world’
Because in the UK, both law and statutory and voluntary sector responses to
sexual and domestic violence have been addressed separately, of necessity this
paper follows that convention, nevertheless it is emphasised that domestic and
sexual violence are not interconnected not discrete forms of violence. As
subsequent definitions and statistics show, sexual violence, is most commonly
found in intimate and familial contexts, and that it is most commonly intimate
and familial men who perpetrate these crimes. The recognition that sexual
violence most commonly occurs in a familial or intimate context is important not
only to understanding this crimes but also to providing adequate responses.
Domestic violence
Domestic violence is considered first. It is defined by Middlesbrough Domestic
Violence Forum:
"Domestic Violence is violence occurring between two people living in the same
household. The violence is about power and control. It includes all aspects of
physical, sexual and psychological violence arising from threatening behaviour -
from minor assaults to serious injury and even death. It must be stressed that
it is mainly women and children who are victimised by the violence and men who
are the perpetrators.
It is recognised as gender violence and a serious criminal act. (Living in
the same household can be defined as people who are currently or who have been
involved in a relationship.)"
This definition as well as acknowledging domestic violence as a form of gender
violence, highlights its dynamics as being about power and control in an
interpersonal context, mirroring the wider political dynamics of gender violence
at a social level. Although as Women’s Aid and local refuges acknowledge, sexual
violence is the most difficult form of domestic violence for women to speak out
about (www.womensaid.org.uk ), it is included within the definition – as indeed
it is within those of most statutory agencies including that of the Home Office:
“The term domestic violence shall be understood to mean any violence between
current or former partners in an intimate relationship, wherever and whenever it
occurs. The violence may include physical, sexual, emotional or financial
abuse.”
(Revised) Domestic Violence - Home Office Circular 19/2000
Because of the continuing private or hidden nature of domestic violence, it is
impossible to produce accurate prevalence figures, but it is accepted that they
are appallingly high. Women’s Aid for example has stated that this form of human
rights abuse is so prevalent that it can be said:
‘Contrary to popular belief ‘violence against women is normal not exceptional
behaviour’
WAFE (Women’s Aid Federation England) (1990)
Drawing on official statistics and research studies the following statistics
have been
published by the Home Office and widely accepted currently as best, if
conservative, estimates:
Table 1:
Prevalence figures for domestic violence
• 3 women a week are killed by an ex/ partner
• 25% of women experience it at some point in their lives
• It is the most common form of violence against women, accounting for 25% of
all recorded violent crime.
• It remains massively under- reported: on average women experience 35 incidents
before help-seeking
• Domestic violence is rarely a ‘one off’, but a repeated crime, escalating in
frequency and severity
• It occurs regardless of class, religion or ethnicity
Home Office Circular 19/2000 Domestic Violence: Revised Circular to the Police
The central reason why prevalence figures for domestic violence are undercounted
relates to the continuing stigma associated with this very private crime.
Researchers and practitioners within the field are aware of the many reasons why
women are reluctant to seek help or report it to the police. The following
listing has been compiled from a range of research studies and experiences of
local agencies:
Table 2:
Reasons women are reluctant to speak out about domestic violence
• They may not be able to speak out about it – domestic violence can result in
death or permanent injury
• Acknowledging what they are experiencing domestic violence is difficult;
apologies may be convincing initially
• Victim blame: they may believe perpetrators’ claims it was their own fault
• Be too ashamed or embarrassed to report; domestic violence still carries a
stigma; in minority ethnic communities, the shame may feared by the extended
family
• Fear authorities won’t believe or trivialise their experiences, and in there
is a history of such disbelief in this and many countries
• Fear that speaking out or help seeking may trigger further violence
• Black, minority ethnic and migrant women may be deterred by fear of racist
responses
• Cultural values in minority communities may mitigate against reporting
• Minority ethnic women may face language barriers
• Some women still love their partners and while wanting to end the violence,
they may not want him to get into trouble with the police
• Some women may have other reasons for not wanting police involvement
Radford, J. and Harne. L. (2006) forthcoming.
Impacts of Domestic Violence
For many years, health professionals whether GPs, Accident and Emergency
departments or mental health practitioners have been responding to its impact
without recognising, or acknowledging, the cause. It is only since the year 2000
that domestic violence has been recognised as a health issue (Department of
Health 2000). This document explores the health impact of domestic violence,
summarised here by Women’s Aid:
Women may be injured, believe threats to kill them and /or children, suffer loss
of confidence, be upset and seek medical help, though may not disclose cause of
injuries. The practical consequences in terms of accommodation, finances and
childcare are also likely to be serious.
Physical injuries including: death, disability, bruising, fractures, abrasions,
lost teeth, internal injuries, perforated ear drums, scalds, burns, wounds.
Psychological harms including: depression, anxiety, suicide attempts, self-harm,
sleeping / eating disorders, loss of self-esteem, PTSD. Sexual violence can lead
to miscarriage, foetal injuries gynaecological problems, ‘rape trauma’.
Women’s Aid 2000
Responses to Domestic Violence
In the absence of any statutory provision, Women’s Aid and other women’s
voluntary sector organisations like Rights of Women, have been responding to
domestic violence since the early 1970s. Women’s Aid has established Refuges and
other services, promoted the issue through public awareness and education
campaigns. However it was not until 1990 that the Home Office first advised the
police to respond positively and sensitively to this crime (Home Office Circular
60/90). During the 1990s other local and national services
were encouraged to respond, with the first intervention from the Department of
Health being in 2000.
Following the Beijing Agenda, the contemporary response in the UK, as in many
countries, has been towards multi-agency partnership working between the
statutory services and the women’s voluntary sector, with emphasis being given
to the experience and expertise of the latter. In the UK, most towns or
districts now have Domestic Violence Forums who monitor the provision and
quality of services, identify and attempt to meet gaps in services and offer
training for professionals and volunteers, services for survivors and provide
minimum standards for behaviour modification programmes for perpetrators,
although as yet the effectiveness of the latter can not be demonstrated (Respect
2004). Domestic violence ‘One Stop Shops’ which facilitate access to all
services from one ‘women friendly’ location, like the very successful ‘My
Sisters Place’ in Middlesbrough have been established (Radford and Alderson
(2003). With the second and stronger guidance Home Office Circular 19/2000,
policing practice is beginning to improve in many places and April 2005 sees the
implementation of the new Domestic Violence, Crime and Victims Act 2004. Its key
provisions are:
• Criminalising breach of non-molestation order
• Fully extending part 4 of 1996 Act to non-cohabiting and same sex couples
• Common assault is made an arrestable offence
• Restraining orders, currently granted under the Protection from Harassment Act
1997, are extended to all violent offences, even if a defendant is acquitted
• Anonymity will be granted to victims, through reporting restrictions
• A national registers of civil orders re domestic violence will be established
together with a register of domestic violence offenders
• Sentencing in domestic violence cases will be referred to the Sentencing
Advisory Panel
Importantly, in addition to the above legislative measures, the new Act contains
a wide range of promised measures to improve access to justice and protection
for domestic violence survivors. Time prevents further exploration of these
measures here, but they are accessible on Home Office web site and it is
anticipated that their impact will be monitored in coming months.
The Nature of Rape
Whether perpetrated by a stranger, an intimate partner or on a ‘date’, rape is a
very serious offence; for women it is the most feared and the most debated of
offences. It is a unique crime representing both physical and psychological
violation. Rape and fear / threat of rape is central to the social control of
women and forms the backdrop against which women conduct their daily lives. It
influences where, when and how, as women, we conduct ourselves and the
safety-planning we encourage for our daughters. Further, as Indian feminist
Radha Kumar has noted, ‘Rape and the historical discourse around it reveals much
about how women are represented in law and understood in popular culture’ Kumar
(1993:128).
As the Home Office acknowledges, the common feature of sexual offences is that
they are acts of sexual violation, which take place without the consent of the
victim.
Consent is the crucial issue for these offences because the lack of consent is
the essence of the criminal behaviour. It is one individual forcing another to
undergo an experience against their will. It is a violation of the victim’s
autonomy and freedom to decide how and with whom s/he would want to share any
kind of sexual experience.
Home Office (2000:9) Setting the Boundaries: reforming the law on sex offences
Because rape still carries a very high level of stigmatisation, those victimised
are reluctant both to report the offence whether to the police or through
help-seeking, accurate prevalence figures are not available. As its authors
acknowledge, despite its alarmingly high levels, even the British Crime Survey
recognises its figures are under-estimates:
Table 3:
Findings from the British Crime Survey 2002
In 2000-1, an estimated 61,000 women were the victim of a rape in England and
Wales.
• 1: 20 women experienced rape on at least
one occasion since age 16
• The BCS estimates that approximately
754,000 women have been raped on at
least one occasion since age 16
• 45% were raped by their current / former
partners’ “another intimate” or other
family member
• 45% were raped by an acquaintance of
the victim (friend, work colleague,
neighbour)
• 74% of rapes committed by known
men occurred in the victim’s home
and 16% in the offender’s home
• In only 8% of cases was the offender a
stranger to the victim
• 2% not known
Myhill, A. and Allen, J. Home Office British Crime Survey (2002)
This survey also provides information on the links between sexual violence,
drugs and alcohol, reporting that 5% of rape victims reported that they were
drugged and 15% of rape victims reported that they were attacked when they were
incapable of consent due to alcohol. This is re-affirmed by Kelly et al 2005,
who highlight the problem of rapists targeting young women in bars and clubs.
Impacts of Sexual Violence
The impact of sexual violence
Similarly to domestic violence, the impact of sexual violence is wide-ranging.
Research, and the experience of practitioners, has highlighted the following
• Physical injury
• Sexually transmitted infections
• Mental health implications including
post-traumatic stress disorder, anxiety
and panic attacks, depression, somatic
symptoms, social phobia, substance
abuse, eating disorders and suicide.
• Unwanted pregnancy
• Impact on relationships, family and
friends, particularly where sexual
violence is perpetrated in a domestic
context.
Responses to Sexual Violence
These impacts can be exacerbated by negative experience of the criminal justice
process that has been frequently described as a re-victimisation, Lees 2002. In
relation to criminal justice, rape is recognized as one of the most serious
crimes systematically done to women and children. Nevertheless it is the least
reported and prosecuted of all crimes primarily because its victims experience
reporting as a form of re-victimisation. In no other crime is the victim so
subject to scrutiny in prosecution and at trial, where the most likely defence
is that the victim consented to the crime. Lees, S. (2002) described as a
"disaster area" for rape victims in a study which found that:
Women are encouraged to report rape, and are often intimidated by their
assailants, only to be stereotyped as sexually provocative and blamed by the
judiciary and the press". Lees, S. 2002
Her worrying conclusion is that ‘The British criminal justice system is
systematically allowing rapists to go free’ (ibid). This conclusion prompted the
Home Office to commission an analysis of the ‘attrition rate’ for rape, the
extent to which cases reported to the police are dropped at subsequent stages of
the prosecution and trial processes.
Table 4:
Attrition Figures for Rape:
Offences Total %
recorded found
by police guilty
1977 1015 324 33
1985 1842 450 24
1990 3391 561 17
1995 4986 578 12
2000 8409 692 8
2002 11441 641 5.6
From Kelly, Lovett and Regan, Home Office Study 293, February 2005
This study highlights a widening justice gap or chasm. It finds that the numbers
of reported rapes has increased dramatically over the last 30 years, but that
the conviction rate has fallen dramatically, lending support to Lees, S
conclusions above.
Recent developments in Government policy are aimed at addressing this ‘justice
chasm’. Current policy has included reform of law with the introduction of The
Sexual Offences Act 2000, which re-defined ‘consent’ as ‘free agreement’ with a
view to making it easier for juries to make fair and balanced decisions, and
introduced new offences and new penalties for sex crimes.
Secondly the government is supporting the development of Sexual Assault Referral
Centres (SARCs) and thirdly a Rape Action Plan is being initiated to improve
police and Crown Prosecution Service investigation of and prosecution of rape
cases. It is anticipated, or hoped, that these changes should result in the
defendants’ behaviour, rather than that of the victim, being scrutinised in the
investigation, prosecution and at trial.
Importantly, from a health perspective, it should make a complainants’ previous
sexual / medical history irrelevant to a rape investigation or trial. This will
be emphasised in new training, so hopefully forensic examiners will no longer be
collecting medical or sexual history evidence. In relation to sexual violence,
as well as domestic violence, it is hoped that health care professionals will
rise to the challenge of multi-agency partnership working not only with other
statutory agencies but also and crucially with the women’s voluntary sector
which is currently where experience and expertise resides.
The new approaches to gender violence if informed by philosophical principles
that emphasise sensitivity, respect, dignity and human rights should go a long
way to eradicate the stigma and victim-blame which have for so long been
associated with sexual and domestic violence. Consequently, we shall not only
deliver justice to survivors, but also make for an important shift the way law
and wider popular culture represent women more widely.
References
• Department of Health (2000) Domestic violence: a resource manual for health
care professionals, March 2000 www.dh.gov.uk/PublicationsAndStatistics/Publications/
PublicationsPolicyAndGuidance/PublicationsPolicy
• Department of Health (2004) Health minister announces new steps to aid victims
of domestic violence www.dh.gov.uk/PublicationsAndStatistics/PressReleases
• Home Office (2004) Domestic Violence, Crime and Victims Act 2004
www.legislation.hmso.gov.uk/acts/acts2004/20040028.htm
• Kelly, L., Lovett, J. and Linda Regan (2005) A gap or a chasm? Attrition in
reported rape cases, Home Office Research Study 293, London, Home Office
• Kumar, R. (1993) The History of Doing Kali for Women Press, Delhi, India
• Lees, S, (2002) Carnal Knowledge: Rape on Trial 2nd edition (London: The
Women’s Press).
• Myhill, A. and Allen, J. Home Office British Crime Survey (2002)
Further Reading
Taket, A., Nurse, J. Smith, K., Watson, J., Shakespeare, Lavis,J., Cosgrove,
Mulley, K. and Feder, G. Routinely asking women about domestic violence in
health settings BMJ 2003;327:673-676 (20 September)
©2005 Sexual Health Matters. Published Quarterly by Express
Print Works, Middlesbrough, UK
ISSN 1469-7556
http://www.sexualhealthmatters.com.