Nearly 60% of women in prison and under community supervision by probation services are victims of domestic abuse, and for many this is directly linked to their offending. Women and girls from ‘minority ethnic’* groups are overrepresented at every stage of the criminal justice system, with Black women twice as likely as white women to be arrested. A quarter of girls and nearly a fifth of young women prosecuted in 2021 were from ‘minority ethnic’ groups.
Today (Wednesday 5 July 2023 from 9.30 to 11.00am) MPs will debate action needed to ensure the fair treatment of Black, Asian, minoritised and migrant women and girls who are victims of domestic abuse and other forms of gender-based violence, and who find themselves in the dock as a result.
Kate Osamor MP (Lab, Edmonton) has applied for the debate and will call on the Government to explain how it intends to tackle gaps in law and practice that lead to unfair treatment of Black, Asian, minoritised and migrant victims of VAWG.
Specialist charities supporting the debate argue that effective defences are needed for victims of domestic abuse who use force against their abuser, and for those who are coerced into offending. They are calling for culture change, improvements in training and guidance for police, prosecutors, judges and magistrates, and safeguards to ensure victims’ experience of VAWG is properly taken into account in decisions to arrest, prosecute, convict or sentence them for offences linked to the abuse. They point out that Black, Asian, minoritised and migrant women can receive particularly unfair treatment.
The debate will draw attention to the wider inequalities faced by Black, Asian, minoritised and migrant women in contact with the criminal justice system, as highlighted in a report published today by the Tackling Double Disadvantage partnership.
Kate Osamor MP (Lab, Edmonton) said:
"This debate is a real opportunity to draw attention to how many victims of domestic violence who due to their abuse themselves are accused of offending are unjustly drawn into the criminal justice system.
“I look forward to seeing many other Parliamentarians at the debate to raise awareness and urge the Government to undertake reforms to stop this unfair criminalisation.”
Ghadah Alnasseri, Head of Policy and Public Affairs, Hibiscus Initiatives, said:
“Encountering gender inequality and racism is all too common for Black, Asian and minoritised women, as well as migrant women who have experienced Violence Against Women and Girls and are in contact with the criminal justice system. However, I firmly believe that these challenges can be overcome.
“We have provided recommendations to ensure that these women receive equal and fair treatment and outcomes. We have collaborated with policymakers and practitioners to press for implementation of these recommendations and have placed the lived experiences of these women at the forefront of our efforts to improve policy and practices that affect them. Our goal is to enable these women to share their stories and experiences at a strategic level.
“Despite some progress in addressing these issues, the efforts have been limited and disjointed. A comprehensive strategic approach is necessary to create meaningful improvements in outcomes for these women.”
Sofia Buncy MBE DL, Director, Muslim Women in Prison project, said:
“Our work with Muslim women in the criminal justice system clearly points to an overwhelming prevalence of domestic abuse, violence and coercion in the lives of these women. There are very few outlets for safe disclosure without being deemed to be dishonorable or understanding how to confidently access support. These experiences continue to blight Muslim women's life chances to move forward to a place of safety without fear of reprisal.”
Indy Cross, Chief Executive, Agenda Alliance, said:
“The inequalities experienced by Black, Asian, minoritised and migrant women in the criminal justice system are unacceptable. At every stage of the system these women are overrepresented, let down and their needs are overlooked. Agenda’s research shows that it is too often women’s experience of trauma and abuse which drives women’s criminalisation, yet survivors of violence accused of offending do not have their experiences of violence taken into account by law. Instead, Black, Asian, minoritised and migrant women face further abuse and vulnerability within the criminal justice system as they tackle the ‘double disadvantage’ of gender inequality and racism. Although steps have been taken to address this, our briefing shows that not enough progress has been made. Serious and urgent action is needed now to ensure the fair treatment of Black, Asian, minoritised and migrant women who are victims of domestic abuse and other forms of gender-based violence.”
Farieissia (Fri) Martin, a woman with relevant lived experience, said:
“If you live in a black community like Liverpool 8 where there is a bad history with the police it makes it very hard to report domestic violence. When you have children there is often a fear that social services will take them away. When I was arrested for stabbing my partner after he tried to strangle me, I was too frightened to tell the full history of abuse I had experienced and there were no records to support me. Because I lied at the beginning this worked against me in court and I was convicted of murder, despite the history of abuse and the fact I was defending myself.”
(Fri Martin was convicted of the murder of her boyfriend in 2015; she successfully appealed in 2020. A retrial was ordered and she was convicted of manslaughter in 2021.)
Other women with relevant lived experience said:
“When you encounter the criminal justice system, you feel ashamed by your race and colour because you are never taken seriously. That leads to isolation, resentment, and guilt.”
“I hope to receive fair treatment from the police and staff members when we face them.”
*The Tackling Double Disadvantage partnership aims to use language that challenges and does not contribute to racist ideas, actions and policies. We use the terms ‘Black, Asian and minoritised women’ or ‘racially minoritised women’ and we aim to be more specific where we can. Where we are referring to data collected by others using different terminology, we use that terminology in quotation marks in order to ensure accuracy.
ENDS
Notes to editors
The debate is supported by the Centre for Women’s Justice (CWJ) and the Tackling Double Disadvantage partnership, which consists of six specialist charities focused on women and criminal justice: Hibiscus Initiatives, Agenda Alliance, Women in Prison, Zahid Mubarek Trust, Muslim Women in Prison Project and Criminal Justice Alliance.
CWJ is a lawyer-led charity focused on challenging failings and discrimination against women in the criminal justice system. CWJ is arguing for statutory defences to be added to the Victims and Prisoners Bill for victims of domestic abuse who are accused of offending, and for the Victims’ Code to include protection for victims of VAWG who are accused of offending.
Women are three times more likely to be arrested than their male partners at a domestic abuse incident involving counter-allegations, often where they have used force to protect themselves from further harm from their abuser. Around half of arrests of women for alleged violence result in no further action, highlighting the need for the police to respond to incidents of alleged violence in a gender-informed way. Some women are coerced into offending by abusive partners, or face malicious allegations, as abusers use the criminal justice system as a way of extending control over their victim. Migrant women with spousal visas or who are undocumented are particularly vulnerable to this form of abuse.
Reforms to ensure victims of VAWG are treated fairly when suspected of offending must specifically address the additional barriers to justice faced by Black, minoritised and migrant women, such as:
Barriers to disclosing abuse, including migrant women’s fear of destitution and deportation due to the lack of a firewall between police and immigration authorities; racially minoritised women’s lack of trust in the authorities to protect them from abuse; community dynamics and cultural and religious constraints for some women, including concepts of honour and shame; fear of violent reprisals; fear of isolation and social ostracism; and concerns about the impact of disclosure on children and siblings who may be stigmatised.
Poor quality interpreting and translation leading to misunderstanding or lack of information about the context of abuse in which alleged offending occurred.
Lack of cultural competency and discriminatory attitudes on the part of criminal justice agencies leading to failures to recognise abuse or to understand its relationship to alleged offending, and susceptibility to cultural and racial myths and stereotypes.
The Tackling Double Disadvantage partnership’s ‘One Year On’ Progress Report, published today, reviews progress since publication of their 10-point Action Plan in January 2022, to achieve equal treatment and outcomes for racially minoritised and migrant women in contact with the criminal justice system. The report finds that activity to achieve change has been limited and piecemeal, lacking an overarching strategic approach, and with no evidence so far of improvements in outcomes for women. In some respects the picture has worsened, with evidence of racism and sexism in the police, police-perpetrated violence against women and girls, and measures in the Nationality and Borders Act and Illegal Migration Bill which limit the rights of migrant and trafficked women and widen the net of criminalisation.
As well as being victims of gender-based violence and exploitation, the majority of women in contact with the criminal justice system are experiencing multiple disadvantage including mental health needs, problematic substance use and poverty.
Women make up only 4% of the prison population. Women were sent to prison on 4,932 occasions in the year to March 2022 – either on remand or to serve a sentence. Most women are imprisoned on short sentences, and most are imprisoned for non-violent offences.
At least 57% of women in prison and under community supervision are victims of domestic abuse. The true figure is likely to be much higher because of barriers to women disclosing abuse. 63% of girls and young women (16–24) serving sentences in the community have experienced rape or domestic abuse in an intimate partner relationship.
Rates of self-harm in women’s prisons have risen by 20% in the last decade. An estimated 17,000 children experience their mother’s imprisonment each year. 600 pregnant women, on average, are held in prison each year.