Assignment 3 Violence against Woman PDF

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ASSESSMENT 3 RESEARCH ESSAY Violence against Woman and Feminism Theory CCJ27 – Sociology of Crime

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CCJ27 Sociology of Crime

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2186 words (including intext references) 1

Within Australia, reducing violence against women is a priority; with responsibility falling to everyone to reject and prevent this gender-based crime (Department of Social Services, 2011). The purpose of this essay is to examine to what extent violence against women has intertwined into Australian society, and how the impact of feminist perspective on criminology theories can provide guidance on reform. In order for this to occur, this essay will firstly define the concept of violence against women, followed by illustrations on how the feminist perspective theories have enhanced our understanding of violence against women. Secondly, this essay will turn focus to the background and prevalence of domestic violence, providing auxiliary criticism on how feminist theory can clarify this topic. Thirdly, this research will then be compared against mainstream theories to highlight the importance of feminist theories within criminology studies. Finally, this essay will present substantive examples on how legislation has been influenced and reformed within Australia, due to the introduction of feminist perspective theories.

No forms of violence should be tolerated within Australia, and while this essay acknowledges that there is a small portion of victims whom are men, women make up the majority of victims for this crime (Department of Social Services, 2011). To define violence against women, the United Nations Declaration states any act of gender-based violence that has or is likely to result in, physical, sexual or psychological harm or suffering to women (United Nations, 1993). Although little is known about violence against women historically, it would appear that the violence was widely accepted and even legally sanctioned in areas (Dickson, 1996). With the recent shift in societal norms, violence against women is now recognised as wrong by nearly 98 percent of all Australians, nevertheless there is an unacceptably high level of prevalence within the greater communities (Department of Social Services, 2011). National figures from the 2016 Personal Safety Survey indicated that since the age of 15, approximately one in four women have experienced at least one incident of violence (in the form or physical, sexual or emotional) from their intimate partner (Australian Bureau of Statistics, 2017). Though prevalence has immersed itself within 2

society, feminist theorists choose to embody differences from mainstream criminology and challenge research norms.

With the introduction of feminist perspective within criminology during the early 1970’s, prevalence of violence against women was highlighted as a global issue (Singh, 2015). This new perspective in criminology emerged at a time when criminologists began to challenge mainstream theories, concepts, assumptions and methods (Singh, 2015). The focal aim of the feminist theory was to centralise the themes of domination of power over women from a crime standpoint; as well as the implications of unequal distribution for economical and social resources between genders, (Singh, 2015). The adopted standpoint of gender being a fundamental factor paved the way for numerous standards of feminist theory; including Liberal, Socialist and Radical (White et al., 2017). Early feminism theorist, such as Carol Smart (1976), penned the concept of Liberal Feminism. This theory was rooted in ideals of freedom of choice and equal opportunity, as many mainstream theories had excluded women’s criminal experiences (White et al., 2017). As violence against women emerged to the forefront of society mind, there was a change to Radical Feminism. This shift in principles clarified women’s victimisation as there being a systematic and structural mechanism of patriarchal control of women (Chesney-Lind, 2006). With domestic violence in the forms of physical, verbal, emotional and economic abuse, often used as a way for men to maintain dominance and power over their partners and family (Chesney-Lind, 2006). Feminist theory can provide diverse interpretation on the many forms of violence against women, the essay will turn to an in-depth analysis of domestic violence, specifically within Australia.

Violence against woman can encompass many different forms, however in the early 1970’s feminist advocates coined the term domestic violence. This term was able to depict a more accurate representation of the gender-based crime, allowing theorist to conceptualise and raise awareness of 3

the violence occurring in intimate partner relationships (Singh, 2015). Throughout Australia, the definition for domestic violence varies between states and territories. Therefore, for the purposes of this essay, domestic violence refers to violence, abuse and/or intimidation between people whom are currently or have previously been in an intimate relationship (Phillips & Vandenbroek, 2014). Many incidences of such violence continue to go unreported due to the sensitive nature and stigma attached and is therefore difficult to determine the extent of how widespread the problem is (Dickson, 1996). The Australian Bureau of Statistics found 62 percent of women had been physically assault by a male within their homes (Australian Bureau of Statistics, 2017). Of those women, 67 percent did not report the attack to police (Phillips et al., 2015). Criminologists find these figures concerning due to domestic violence being the greatest health risk factor (far greater than smoking, alcohol and/or obesity) amongst women, with homicide being a fatal side effect (ANROWS, 2017). The Australian Institute of Criminology National Homicide Monitoring Program records that per week there is an average of one woman being killed at the hands of her intimate partner (Cussan & Bryant, 2015). The importance of feminist criminology is to enable a focus on the root causes and risk factors of domestic violence, essential for the promotion of change.

Generally speaking, there is not one clear root cause for domestic violence as it is complex and often not fully understood. The behaviour of domestic violence can be characterised as coercive control, creating a cycle of violence which ebbs and flows, dependant on societal constraints and norms impacting on daily routine (University of Glasgow, n.d.). This cycle of violence is can be triggered by environmental factors and lifestyle choices within an intimate partner relationship (Sutherland, 2015). Environmental factors such stress and financial strain can prompt the dominant man to lash out, physically or verbally, at their female counterpart. Consequently, as these strains are becoming a societal norm generated from work or by other means, so too does the domestic violence 4

association. One survey regarding attitudes towards domestic violence indicate that one in five Australian surveyed believe abuse is just a normal reaction to stress, deeming it an accident (Australian Bureau of Statistics, 2017). Comparatively lifestyle choices, such alcohol and substance abuse can be a key contributing trigger of domestic violence within Australia. A 2011/12 study conducted in Western Australia, showed that 46.9 percent of all domestic violence related incidences involved alcohol and substance usage from the perpetrator (Curtin University, 2014). These inhibitors can interfere with cognitive functionality, as well as a possible misperception of social cues causing aggressive bouts of violence against a woman (Curtin University, 2014). Furthermore, lifestyle choice of living with rural communities’ places women at a higher risk level of domestic violence (Phillips et al., 2015). Notions of masculinity can be found within rural areas, due to the physical labour required for the manual labour society, this emphasises traditional gender roles of men being providers for the family unit and thus the power within the household (Phillips et al., 2015). From a feminist standpoint, these causal factors discussed identify strongly with radical feminism as the patriarchal themes imply that gender stratification is prevalent within society today. Domestic violence allowing men to dictate women behaviour and attributes by means of social control mechanisms, i.e. restricting access to support by living within rural areas. This example of binary oppression is in reaction to social norms still believing women are weak, passive and less valued within the social dynamics (White et al., 2017).

In order to fully appreciate the significant contributions of the feminist criminology theory, reflection of mainstream criminology theories is required to examine the shortcomings, where feminist perspective has minimised the gaps (Nicolas & DeSilva, 2006). Early theorist ideals, grew from the basis of evolution, with Cesare Lombroso (1911) becoming a founding father of the 5

Positivist Theory (White et al., 2017). Lombroso’s theory classified individuals on the foundation of their biological and distinct anthropological differences (White et al., 2017). Thus, his notion that criminals are born and not made (White et al., 2017) flourished as Lombroso implied that criminals were biologically inferior humans. In reference to the difference between men and women, further research was conducted by William I Thomas in 1907 (Gelsthrope & Morris, 1988). Thomas argues that men and women possess different personality traits, with women being more passive and therefore unable to commit criminal activities (Gelsthrope & Morris, 1988). Regardless of Lombroso adapting his research in later years, to include further analysis on external factors, this type of theory is unable to compare and balance the gender inequalities that exist in modern society. Biological theorists examine the link between behaviour and nature, which in turn dismisses social constraints of gender roles, the basis of feminist theory (Gelsthrope & Morris, 1988).

In contrast to Lombroso’s biological theory on crime, the Differential Association theory provides a behavioural approach (White et al., 2017). Theorist, Edwin H. Sutherland (1939) states that violence is a learned behaviour which stems the social interactions within intimate personal groups, which are subsequently embedded from a young age (White et al., 2017). The Australian Institutes of Criminology states that there is up to one quarter of young Australians that have laid witness to their mother figures falling victim to an occurrence of domestic violence (Indermaur, 22001). In turn this affects boys’ and girls’ cognitive processes and coping responses to stress leading to adult risk levels of domestic violence (Sutherland, 2015). However, Sutherland’s theory focuses on the male gender, stating that women are boring and dull (White et al., 2017). Due to women’s nature, Sutherland assumed that woman would not interact with deviant people and thus not commit criminal activities (White et al., 2017). However, this overlooks the concept of woman being are exposed to the same deprivations as men, an area in which feminist criminology emphasises (Gelsthrope & Morris, 1988). Thru these arguments considered, it can be concluded

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there is a clear noteworthy oversight of women’s crime with minimal focus on female victimisation (Hughes, 2005) of which created a void within the criminal justice system.

Although the numbers for domestic violence are still weighty, within Australia there has been heightened stance by the government in attempts to minimise violence against women and promote gender equality (ANROWS, 2017). In November 2017, a National Domestic Violence Order Scheme was introduced to protect victims of domestic violence (Attorney General, 2017). This reflection of Australia’s obligation of safeguarding victims, provides greater support with the implementation of enforceable measures across all states and territories (Attorney General, 2017). The National Domestic Violence Order scheme allows women to attempt to move forward without fear that should the offender and/or victim move interstate, a man can maintain control and power from afar. From the feminist perspective, this raised degree of consistency, nationally, permits women to be equal to men by means of controlling her own safety (White et al., 2017). Further developments are taking place on a state and territory level, to minimising women victimisation within Australian.

In depth inquiries have recently occurred due to the concerning proportions of homicide related domestic violence, as such the NSW government is taking considerable measures to mitigate future fatal incidents (Gaetani, 2019). On the back of the Stop the Violence, End the Silence action plan, the NSW government announced the introduction of a new law, which was formulated to address the reality of strangulations as a serious offence of domestic violence (NSW Government, 2018). Strangulation is considered a red flag and significant indicator of a potential homicide attack (Gaetani, 2019). The Crimes Legislation Amendment Bill 2018 brought forth the new offence of intentional choking, suffocating or strangling a person without consent, and is be punishable by means of a maximum 5 years term of imprisonment (NSW Government, 2018). This amendment is 7

likely to depict a more accurate representation for strangulation severity, as the NSW Government has removed the clause relating to a victim be rendered unconscious to be deemed domestic violence (Gaetani, 2019). From a feminist perspective, strangulation is used as a tactic to correct the balance of control back to the dominate male with the relationship (Vella et al., 2017). The applied pressure gives warning to the female to be subordinate and not act out (Vella et al., 2017). As discussed, this vital amendment can assist domestic violence victims to end the cycle of abuse.

It is clear that with the introduction of feminist criminologists, theories relating to crime and victimisation have been challenged of their masculinist bias and provoked a wave of change throughout the field. This essay examined the relationship between the criminal justice system and violence against women, which centralised ideals of development and change to better safeguard individuals. Moreover, strong evidence was provided to confirm how a feminist perspective on domestic violence is important when identifying critical downfalls as it offers a unique view on ways to remedy this void. However, despite the many decades of discussing violence against woman and feminist criminology there is an imperative need for continued evaluation and research into women’s crime, female victimisation and criminal justice system.

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Reference List

ANROWS. (2017). 2017 NCAS Summary Report [PDF] (1st ed.). ANROWS. Retrieved from https://d2rn9gno7zhxqg.cloudfront.net/wpcontent/uploads/2019/02/19025411/ANROWS_NCAS_Summary_Report.pdf

Attorney General, A. (2017). National Domestic Violence Order Scheme | Attorney-General's Department. Retrieved from https://www.ag.gov.au/ndvos

Australian Bureau of Statistics. (2017). Personal safety, Australia, 2016. Canberra, ACT: Author. Retrieved from: http://www.abs.gov.au/ausstats/[email protected]/mf/4906.0

Chesney-Lind, M. (2006). Patriarchy, crime, and justice: Feminist criminology in an era of backlash. Feminist Criminology, 1(1), 6-26. doi:10.1177/1557085105282893

Curtin University. (2014). Alcohol and Violence in Australia [PDF]. Perth, WA. Retrieved from https://alcohol.phaiwa.org.au/assets/publications/factsheets/alcohol-and-violence-inaustralia-final.pdf

Cussen, T., & Bryant, W. (2015). Domestic/family homicide in Australia (Research in practice, no. 38). Canberra, ACT: Australian Institute of Criminology

Dickson, M. (1996). No Safe Place. Retrieved from https://www.pbs.org/kued/nosafeplace/script/script.html

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Gaetani, L. (2019). The New Strangulation Laws in NSW. Retrieved from https://www.couttslegal.com.au/blog/the-new-strangulation-laws-in-nsw

Gelsthorpe, L., & Morris, A. (1988). feminism and criminology in britain. The British Journal of Criminology, 28(2), 93-110. doi:10.1093/oxfordjournals.bjc.a047731

Hughes, L. A. (2005). The representation of females in criminological research. Women & Criminal Justice, 16(1-2), 1-28. doi:10.1300/J012v16n01_01

Indermaur D. 2001. Young Australians and domestic violence. Trends & issues in crime and criminal justice No. 195. Canberra: Australian Institute of Criminology. https://aic.gov.au/publications/tandi/tandi195

Nicolas, G., & DeSilva, A. (2006). Feminist methodologies for critical researchers: Bridging differences. edited by joey sprague, lanham, AltaMira press, august 2005. 256 pp. $26.95 (hardcover). Sex Roles, 55(3), 279-280. doi:10.1007/s11199-006-9081-4

NSW Government. (2018). New Laws to Protect Domestic Violence Victims. Retrieved from https://www.justice.nsw.gov.au/Pages/media-news/media-releases/2018/new-laws-toprotect-domestic-violence-victims.aspx

Phillips, J, & Vandenbroek, P (2014). Domestic, family and sexual violence in Australia: an overview of the issues - Parliament of Australia. Retrieved from https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_ Library/pubs/rp/rp1415/ViolenceAust#_ftn14

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Phillips, J., Dunkley, A., Muller, D., & Lorimer, C. (2015). Domestic violence: issues and policy challenges – Parliament of Australia. Retrieved from https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_ Library/pubs/rp/rp1516/DVIssues#_Toc436116813

Singh, A. (2015). Socio Legal Study of Domestic Violence - Critical Review of Law and Justice [Ebook]. Himachal Pradesh University. Retrieved from http://hdl.handle.net/10603/128502

Sutherland, R. (2015). Causes of Domestic Violence, and Implications for Primary Prevention. Retrieved from https://www.vinnies.org.au/icms_docs/222951_Speech_on_domestic_violence_prevent ion.pdf

The national plan to reduce violence against women and their children 2010 - 2022 (2011). Department of Social Services (Australia).

United Nations. (1993). A/RES/48/104. Declaration on the Elimination of Violence against Women. Retrieved from https://www.un.org/documents/ga/res/48/a48r104.htm

University of Glasgow. Violence against women and girls. Retrieved from http://www.sccjr.ac.uk/wp-content/uploads/2015/10/SCCJR-Violence-against-women-andgirls.pdf

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Vella, S. A., Miller, M. M., Lambert, J. E., & Morgan, M. L. (2017). "I felt close to death": A phenomenological study of female strangulation survivors of intimate terrorism. Journal of Feminist Family Therapy, 29(4), 171. doi:10.1080/08952833.2017.1370572

White, R. D. 1956-, (Robert Douglas), Haines, F., & Asquith, N. (2017). Crime & criminology (Sixth ed.). Melbourne: OUPANZ.

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