Systemic Obstacles to Battered Women's Participation in the Judicial System: When Will the Status Quo Change?

• NCJ Number: 216536
• Journal: Violence Against Women Volume: 12 Issue: 12 Dated: December 2006 Pages: 1150-1168
• Author(s): Joseph Roy Gillis; Shaindl Lin Diamond; Paul Jebely; Victoria Orekhovsky; Ellis M. Ostovich; Kristin MacIsaac; Sandra Sagrati; Deborah Mandell
• Date Published: December 2006
• Length: 19 pages
• Publication Format: Article
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: United States of America

Annotation

This Canadian study examined the experiences of women victims in domestic violence cases and the barriers they faced in dealing with the police, the courts, and social service agencies.

Abstract

Findings corroborated previous research that showed women survivors of violence continue to face difficulties in the legal-judicial system that impair its usefulness as a resource for their protection. Only a minority of study participants reported positive experiences with police officers and other criminal justice officials. The majority of women were traumatized by ambivalent or discriminatory attitudes and practices prevalent within the system. Many participants from non-Western cultures described internal barriers caused by cultural upbringing that prevented them from seeking legal help. Although many women found support through victim service agencies, many were unaware of these services or could not gain access to them because of financial restraints. The study also indicated that women who completed the prosecution process were often disappointed with court outcomes. This is because the outcomes do not correspond with the severity and repercussions of their partner’s abusive behaviors. The findings offer some insight into the experiences of women during prosecution in domestic violence cases. Over the past three decades, the Canadian public has grown more concerned about the criminal justice system’s response to domestic violence. Even though the Canadian Government has introduced numerous policies, guidelines, and mandates that recognize woman abuse as a serious social problem and a violation of the law, a number of female authors have suggested that mandatory charging and no-drop policies may serve to ignore victims’ choices. This study was an initial attempt to increase the understanding of the legal-judicial system from the victim/survivor perspective. The intent is to reveal systemic barriers women face in dealing with the police, the judicial system, and social service agencies and identify ways in which these institutions should change to better serve diverse groups of women in Canada. References