By The  CSA -  Centre The Centre of expertise on child sexual abuse

In 2021, the CSA Centre was commissioned by the London Safeguarding Children Partnership (LSCP) to design and deliver a holistic package of support to improve the identification and response to child sexual abuse in three London boroughs: Barking & Dagenham, Ealing, and Hackney). The CSA Centre–LSCP programme consisted of three main strands of work, delivered virtually because of the restrictions imposed in response to the Covid-19 pandemic: 1. An in-depth training programme on child sexual abuse, delivered over a five-month period to train 60 social workers from the three boroughs as Child Sexual Abuse Practice Leads. 2. A one-day course on intra-familial child sexual abuse for multi-agency professionals across the three boroughs, delivered twice in each borough with a total of 256 professionals attending. 3. Individual support to help each of the boroughs improve their data collection in relation to child sexual abuse. Feedback from participants in either type of training revealed that it had increased their knowledge of child sexual abuse and their understanding of responsibilities and actions to support and protect children. In addition, most of those taking part in the Practice Leads Programme felt it had equipped them to take on their role as Child Sexual Abuse Practice Leads, although some still felt they needed more support before they would feel confident in this role. Furthermore, the vast majority of those who provided feedback after attending the one-day course on intra-familial child sexual abuse felt they would be able to apply their learning to their practice and many gave examples of how they would do this. On the whole, the support with data improvement was less effective, mainly owing to a lack of ownership of the work and difficulties maintaining contact with relevant stakeholders locally. In addition, Hackney Council was subject to a serious data breach, involving a cyber-attack on their data systems which left them unable to participate fully in this element of the programme. Nonetheless, Barking & Dagenham completed a multi-agency data audit, and used the results to explore the development of a multi-agency dataset on child sexual abuse. In Ealing, staff reported that the support had enabled them to scrutinise the data currently collected in their local authority, and had encouraged them to ask questions concerning governance; in Hackney, the CSA Centre’s data improvement tool was used to identify how child sexual abuse data collection could be improved in a new children’s services data system which is being developed. While there is little data available to evidence the overall impact of delivering this holistic package of support across the three boroughs, work is ongoing to develop the role of the Practice Leads who, in some areas, are now offering regular case consultation to support colleagues within children’s social care in dealing with cases of child sexual abuse. As a result, senior leadership have highlighted the benefits of having a group of staff who can provide expert advice on complex cases, as well as the financial savings to be made from the reduced need for external expert advice. Key learning from the CSA Centre–LSCP programme includes the importance of: • identifying lead people at different levels in the local authority to support programme set-up and implementation; to allow sufficient time for set up and planning; to consider offering a bespoke package of support; and to run a Theory of Change session with senior leads and relevant parties at the start of the programme, in order to engage their support and buy-in • considering how best to structure the delivery of the Practice Leads Programme, in terms of its delivery (e.g. online versus face-to-face) and remit (e.g. social work teams or multi-agency programme), and how to ensure that Child Sexual Abuse Practice Leads have sufficient capacity and support to fulfil their new roles once the programme has finished • offering the one-day multi-agency training course virtually, as this enables large numbers of people to attend, and looking at how the course can be rolled out to spread the learning across a broader pool of professionals • ensuring that sufficient capacity is available to support in-depth work on data recording and analysis, and that senior managers appreciate the value of having more accurate data on child sexual abuse cases. The programme has also generated learning for the CSA Centre in taking forward this kind of initiative elsewhere, and we are currently piloting a different regional approach in delivering our Practice Leads programme across nine local authorities in the Cheshire & Merseyside Social Work Teaching Partnership. We will be producing a learning report from this work, and sharing it in 2023.   

Barkingside Ilford:  The Centre of expertise on child sexual abuse (CSA Centre), 2022.   19p.

By CARLY GARCIA

As the world regains normalcy following a global pandemic, intercountry adoption has taken a hit. Intercountry adoption within the United States reached its peak in 2004, with 22,988 children placed with families. Since 2004, the United States has seen a drastic decrease in intercountry adoption rates. In 2020, only 1,622 international adoptions took place in the United States; slightly increasing in 2021, with 1,785 children adopted. There are multiple causes for the decline in adoptions. For example, origin countries, such as Russia and Guatemala, have terminated their international adoption programs with the United States. More recently, the leading cause of this decrease is the COVID-19 pandemic. Many countries, including China, placed adoptions on hold as the coronavirus took over the world. In contrast, other countries such as Colombia and Bulgaria, relaxed their visitation rules to allow international adoptions to continue.

The current intercountry adoption laws and treaties protect children’s rights and prevent illicit adoption practices. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Convention”) and the United Nations Convention on the Rights of the Child (“UNCRC”) established safeguards to ensure that intercountry adoptions occur in the “best interest of the child.” However, protection for adoptive parents and birth parents is left to the laws of the country in which they reside. For example, in the United States, the federal statute governing intercountry adoption is the Intercountry Adoption Act of 2000 (“IAA”). Unfortunately, despite the multiple treaties and statutes implemented to prevent illicit adoption practices, fraud still occurs

California Western International Law Journal, Vol. 53, No. 2 [2023], Art. 11

By Malore Dusenbery, Josh Fording, Jennifer Yahner, Jeanette Hussemann, Robbie Dembo

Victims of crime can experience serious harms and face significant costs with long-term implications for their economic security and safety. From 2022 to 2024, the Urban Institute and NORC at the University of Chicago conducted a National Study of Victim Compensation Program Trends, Challenges, and Successes, which included evaluations of four state crime victim compensation programs. This brief presents our evaluation of New York State’s victim compensation program to understand its utilization and professionals’ and victim claimants’ perspectives on its ability to meet victims’ needs. We conclude that the New York compensation program serves a vital role helping victims address the financial burden of crime with many strengths and recent improvements. Although participants identified some gaps in coverage, the program is overall comprehensive, with no limits on medical costs and increases to property and funeral coverage. And despite challenges making changes to compensation coverage, professionals appreciate that the program has been able to evolve eligibility and benefits based on victims’ needs, which we hope they continue to do for new communities (e.g., migrants) and emerging costs (e.g., informal economy wages). The program has made great efforts to be accessible, with multiple ways to submit a newly shortened application, frequent training and outreach to victim assistance providers and other programs, and a statewide awareness campaign and needs assessment in 2023. The program also recently enacted several major changes to improve the accessibility and equity of the program, particularly eliminating the requirement to report to law enforcement and changing the policy on contributory conduct for homicide claims. Professionals in the compensation program and the community offered recommendations for improving New York’s compensation program regarding awareness and accessibility, compensation coverage, and program funding and staffing. The most common suggestion was to do more public information campaigns and advertising to increase people’s awareness of the program before they become victims. The program could also conduct training and education alongside providers and educate programs in underserved communities beyond victim assistance programs, including schools, hospitals, YMCAs, social services, and family service providers. Additional staff are needed to efficiently process claims, respond to claimant outreach, and help claimants understand the appeals process. Spanish-speaking staff in particular could help reduce the number of Latino claimants who want but do not get help. Potential solutions to increase staff recruitment and retention include increasing salaries, providing more resources on vicarious trauma, and opening up more career paths for staff who start in the compensation program. Many of these findings and recommendations align with those emerging nationally in conversations about how to improve victim compensation programs. We are grateful that programs such as New York’s remain open to evaluation and eager to understand how to continue increasing awareness and accessibility of the program across the state and within underserved communities, maximizing coverage, and improving their efficiency and effectiveness so they may best serve all victims in need.

Washington, DC: Urban Institute 2024. 24p.

By Jesse Cale, Thomas Holt, Benoit Leclerc, Sara Singh and Jacqueline Drew

This review synthesises empirical studies from the past decade investigating child sexual abuse material (CSAM) production and distribution to gain insight into crime commission processes involved in these crimes. The findings highlight overlaps in risk factors for child sexual abuse and CSAM production and distribution, and possible unique risk factors specific to the latter. A substantial amount of CSAM is produced in family contexts, and there are different motivations and strategies for producing CSAM. Taken together, the findings provide important foundational information about the variety of crime commission processes involved in CSAM production and distribution, helping the development of effective prevention and intervention strategies for this increasingly prolific type of crime.

Trends & issues in crime and criminal justice no. 617. Canberra: Australian Institute of Criminology. 2021. 22p.

By Marie Henshaw, Chelsea Arnold, Rajan Darjee, James RP Ogloff and Jonathan A Cloug

Recent research suggests that child sexual abuse material (CSAM) offenders have distinct characteristics and intervention needs when compared to contact sexual offenders. As such, many sexual offender treatment programs may not be suitable for CSAM offenders without a history of contact offences. This paper describes the development of the CEM-COPE (Coping with Child Exploitation Material Use) Program. We discuss CSAM offender characteristics, recidivism rates and treatment considerations, before outlining the rationale, specifications and underpinnings of the CEM-COPE Program. Challenges in this research area and considerations for future research are also addressed.

Trends & issues in crime and criminal justice no. 607. Canberra: Australian Institute of Criminology. 2020. 14p.

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 offence 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 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 offences.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. 63p.  

By Lina Jakob, Caroline Anderson

This summary presents findings from research that estimates that childhood maltreatment causes up to 40 percent of common mental health disorders and highlights the need to address the underlying drivers of child maltreatment. A University of Sydney study, published in JAMA Psychiatry, found that childhood maltreatment causes up to 40 per cent of common, life-long mental health conditions. It is the first research in Australia to estimate the proportion of mental health conditions directly caused by childhood maltreatment, independent from other influences such as genetics and social environments. 

State of New South Wales 2024.

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.

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

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

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

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

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.   

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

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

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

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

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

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

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