Violence against Girls in the Justice System

In the last twenty years, there have been tremendous growth and changes in the way in which girls and women are treated in the justice system. The violence against girls and women in the justice system has escalated, as the drug sentencing got stiffer, and the law enforcement rapidly expanded. In response, the gender- specific approach advocates have started to pay attention to the girl and woman in a justice system. This paper intends to explore the distinct ways in which girls and females experience violence in the justice system, types of violence and ways to protect the girls and women from the violence meted against them.

Women commit crime differently from men, a considerable number of female offenders will are jailed because of deprivation and discrimination from their family, partners, community or husbands. The offenses committed by the female prisoners are nearly linked to poverty; they come from socially and economically disadvantaged segments of the society (Richie, 2012). Furthermore, women mainly commit petty fraud, theft, and crimes due to earlier sexual, emotional or physical abuse. With their disadvantaged economic status, women are most likely to be jailed or detained due to their inability to pay bail or fines for the petty offenses committed.

Women and girls in prisons world all over are still a minority; they comprise of between 2 to 9% of total populations. Nevertheless, there has been a significant increase in women prisoners as compared to men in some countries. The small number of women in prisons has been a major bottleneck in addressing and acknowledging challenges facing girls and women as subjects of the justice system. The prison regimes and prison systems are oriented towards the male prisoners, from the design, security procedures, training, work, healthcare, and family contact (UN, 2007). Consequently, few prisons do not offer gender-appropriate rehabilitation or meet the unique needs of the girls and women.

Most international bodies have advocated for women’s access to justice on their socio- economic rights, civil rights, reproductive rights, sexual rights and as victims of sexual and domestic violence but failed to give the women already in conflict with the law the required attention (Richie, 2012). The impact of detaining a woman even if it is for a short period will be high as most women are the primary or sole caretakers of the children. The following will highlight the discrimination against girls and women in the justice system.

Status Offences/ Gender- Specific

Status offenses refer to laws preventing certain actions towards persons based on their race, religion, nationality, sex, or age. For instance, in countries that sanction offenses such as sexual misconduct, adultery, prostitution or violating dress codes as religious offenses will penalize girls and women disproportionately and exclusively. It is a common practice to treat women harshly while men get away lightly (Skinneider, 2014). For example, a woman will be charged with adultery even when it is evident rape took place. Likewise, in some countries, a victim will be detained to protect the victim from testifying in court against the rapist. As a result, the woman was victimized while the offender escapes justice.

Most girls and women in developing countries will most likely deal with informal justice systems and not meet formal justice system as the community perceives the informal judicial system to be in harmony with the local traditions and customs. Conversely, by applying informal justice system, girls and women will never get equal rights, as it is nearly impossible to enforce human rights standards. For instance, community’s leaders or elderly males dominate most of the informal justice systems which exclude women from decision-making process thus perpetuate discrimination against girls and women.

Disadvantages during Penal Procedures

The jailing of women prisoners is directly related poverty, as women will commit offenses to either escape poverty or support the family. The girls or women end up in jail owing to lack of financial resources. The majority of imprisoned women are from disadvantaged groups and communities. The typical girl or woman offender will be unemployed, young, with kids and low level educated (Skinneider, 2014). In most cases, they also lack information in regards to their rights. Furthermore, discriminating girls or women will result in an unequal society in regards to accessing economic resources and power relations. It makes the women dependent on the willingness of male members of the community.

According to research, female prisoners are more likely to have mental problems because of past domestic violence sexual and physical abuse. They also run the risk of having a male doctor examine them. It is worthy to note, women prisoners are most likely to attempt suicide or harm themselves due to the harmful impact of isolation, substance abuse or high level of mental illness. Even though the Bangkok Rules were adopted in 2010 to correct the anomaly, awareness about the standard needs of a female prisoner is still lacking.

Non-Custodial Measures

Considering that most women offenders do not pose a high risk to the society, it is counterproductive to imprison them and interfere with their social integration. Consequently, the criminal justice system should consider the reasons and backgrounds that facilitated the offense committed and provided solution in overcoming the criminal behavior. Conversely, most societies are lacking the tailor-made, gender- specified alternatives to prison thus obstructing the efficient execution of measures and non-custodial sanctions of most female offenders (Farrell & Sterba, 2008). For example, research indicates that social reintegration of women in some cultures can effectively be done through restorative justice.

Venerability to Sexual Abuse

Women have increased vulnerability to physical and mental abuse during questioning, arrest and in prison. They are at particular risk of humiliation, sexual assault, and rape. Besides, to open assault, they are vulnerable to being watched when showering or dressing, improper touching during searches and other forms of sexual misconduct by the prison staff (Chesney & Shelden, 2004). Moreover, the dependency of inmates upon prison officials might lead to sexual exploitation. There are no adequate oversight and protection mechanisms that prisoners can use to avoid exploitation and abuse. Consequently, women will never complain due to the fear of retaliation from the prisons’ staff.

Detention/ Imprisonment

Most women prisoners are housed next to male prison’s annexes. There are fewer women prisons that mean greater distance from families and homes, which result in increased isolation and decreased visits. Also, there is the risk of overcrowding, as more female prisoners are detained or over-classified in facilities that do not correspond with the required rehabilitation and reintegration (Farrell & Sterba, 2008). These facilities have little security and few opportunities to transfer. On the other hand, women prisoners have special healthcare needs as compared to men. For instance, the women from economically and socially disadvantaged backgrounds may need special medical attention.

Girls in Prison

The female juvenile inmates, due to their small numbers, are likely to have less access to proper vocational and educational training than their male juvenile or adult female prisoners. The young inmate is more likely to miss age- appropriate and gender- sensitive counseling or healthcare for sexual or physical abuse suffered preceding to incarceration. For instance, pregnant girl inmate is one of the most venerable in prison, due to lack of adequate facilities, inexperience in dealing with pregnancy and stigmatization.

Rehabilitation

Despite the similarity with men in problems faced upon release from jail, the multiplicity, and intensity of the women’s post release is very different. Due to social stereotypes, their associates, friends or families might reject girls or women. If the woman left a violent relationship, the woman would be forced to start; a new life that entails legal, social and economic difficulties. The transition from the prison will be a challenge too (Van & Bartollas, 2011). The risk of losing employment and accommodation upon detention is costly for girls and women. Moreover, the women offenders are increasingly confronted with stigmatization from the society.

The ex-inmates are likely to have particular support requirements regarding reunification with family, housing, and employment. As enshrined in Rule 69 of the UN Standard Minimum Rules; treating prisoners, post- releasing, post- releasing support programs and policies rarely address the specific needs of women. Most are structured towards men. Designing rehabilitation programs specifically for women that factor in their needs and challenges.

 

Types of Violence

Rape

It is a sexual assault perpetrated by men against girls, women, and men. Rape involves sexual intercourse and in most cases done by someone known to the victim. According to American Medical Association report, the most unreported crime is rape. The rate of convictions, reporting or persecution, varies in different jurisdictions. Rape victims may suffer from physical injury, posttraumatic stress disorder, severe trauma, become pregnant or acquire the sexually transmitted infection (UN, 2007). Violence perpetrated on the victim by relatives or friends or the rapist’s; the victim can also be intimidated, forced to withdraw the case, compelled to marry the rapist or be killed. Besides, marital rape or spousal rape which widely tolerated but illegal.

Domestic Violence

Women’s intimate partners are more likely to victimize them without being reported thus it is very hard to estimate the magnitude of the problem. For instance, women are more liable to be killed by their intimate partner. For example, in France, 2008, 156 women in comparison with 27 men murdered. According to UN report, studies conducted in 71 countries found out that Ethiopia is leading in domestic violence against women while Finland also led Western Europe (2015). Although domestic violence is portrayed as an issue involving the opposite sex, it also happens to a daughter- mother relationship and lesbian relationships.

Honor Killings

They are killings in some parts of the world where girls or women are murdered by their family members for bringing dishonor or shame upon the household. These deaths, traditional practice, done to women for being a rape victim, dressing inappropriately, having sex outside marriage, trying to leave the marriage or refusing to get into arranged marriage (UN, 2015). Honor killings are practiced in countries like Turkey, Saudi Arabia, Yemen, Jordan, Iraq, Egypt, and Libya. It also occurs in northern parts of India especially the states of Himachal Pradesh, Punjab, Jharkhand, Rajasthan and Uttar Pradesh.

Dowry Violence

It is common in India, Bangladesh, Pakistan and Nepal. It is a form of violence against women where the husband kills the bride due dissatisfaction on dowry provided.

Acid Throwing

It is the act of throwing acid on a person with the sole intention of disfiguring or injuring them out of revenge or jealousy. The most commonly used acid are hydrochloric, nitric and sulfuric acid (In Sharp et al., 2016). The long- term consequences include blindness, scarred body, and face. Acid attacks are mostly connected to domestic disputes such as refusal of sexual advances, refusing marriage proposal and dowry disputes.

Forced Marriage

It is a marriage where partners are married against their will. They are common in Africa, Middle East, and South Asia.

Stalking

Stalking is obsessive or unwanted by a group or individual towards an individual that manifested through persistent following, intimidation, monitoring or harassment. Although stalkers are assumed to be strangers, they are in most cases acquaintances, colleagues, friends, current or former partners. For instance, NVAW in their survey established that strangers stalked only 23% of the female victims.

Sexual Harassment

Sexual harassment is the unwelcomed, uninvited and abusive behavior of sexual nature characteristically in the studying or working place. The victim is coerced, intimidated, bullied or inappropriately promised rewards exchange for sexual favors (Solinger, 2010). Persons in higher position perpetrate it against the subordinate either physically or verbally.

Forced Prostitution and Human Trafficking

Forced prostitution is where a third party coerces or forces a victim to unwanted sexual acts. On the other hand, human trafficking is the acquisition of persons by the improper way such as deception, fraud or force with the sole aim of exploiting them. According to WHO, there is a strong connection between forced prostitution and human trafficking. It states that most trafficking is done in the sex industry and most likely, they are children and women.

Female Genital Mutilation (FGM)

FGM is defined by WHO as the procedure that involves total or partial removal of the outer female genitalia or injuring the genitalia for no- medical reasons. UNICEF estimates that 125 million girls and women in the Middle East and Africa have undergone FGM. FGM is closely linked to cultural customs and rites that are currently practiced in different countries in the Middle East and Africa (Solinger, 2010). FGM has spread beyond the Middle East and Africa to other countries such as US, UK, France, Belgium and New Zealand due to immigration and globalization. However, FGM has been legally banned in the following countries; Nigeria, Niger, Chad, Kenya, Eritrea, Egypt, Togo, Tanzania, Gambia, South Africa and Benin.

Sexual Slavery and War Rape during Military Conflict

War rapes are rapes committed by civilians, combatants or soldiers during military occupation, armed conflict or war. Consequently, sexual slavery is when the occupying power forces girls and women into prostitution. War rapes have been recorded since the Biblical times. Rape has been employed by militaries as a weapon against the victims and trophy of war. Other examples of war rapes recorded are Japanese army establishing brothels during World War II, the Bangladesh Liberation War, and the Bosnian War.

Flogging and Stoning

Flogging or flagellation is the practice of systematic whipping or beating human body. Flogging is a judicial punishment for specific crimes like having sex outside marriage. Likewise, lapidation or stoning is a capital punishment where an individual is stoned to death by an organized group. Stoning as a penalty has been enshrined in laws of countries such as Pakistan, Saudi Arabia, Sudan, United Arab Emirates and Yemen.

Protection against Violence

Governments must be at the forefront of protecting the girls and women from violence; the government should prevent acts of violence, prosecute the perpetrators of violence and protect girls and women from violence. Furthermore, the government must adhere to the international standards of women’s rights that will engage the both formal and informal justice mechanisms. Subsequently, there none should be discriminated based on sexual orientation, race, residency, ability or income level (Rehman, 2013). Besides, physical punishments such as stoning or flogging must be prohibited at all cost. The following are ways that governments or states can proactively protect and promote human rights of girls and women.

Prioritize Psychological and Physical Safety of Girls and Women

It is a common occurrence that many victims do not report violence suffered for fear of getting further violence from their community, family or perpetrator. The survivors fear the bad stigmas associated with experiences of violence. The justice system should ensure that the victim is safe and confidentiality guaranteed. Most importantly, protocols for both the formal and informal justice sector should be designed such that it provide free legal advice,  enhance access and secured for the girls and women to report any abuse.

Ending Impunity of the Violence Perpetrators

Leaders or perpetrators who encourage, ignore, order or acquiesce in violent activities should be swiftly held accountable for their violent acts. The justice system should fully determine the best-placed authority to discharge proportionate consequences to the violence perpetrators. For instance, the system should eliminate the traditional cultural practices of the community. Moreover, programming should send not only a message of zero tolerance for violence but also have specific elements to assist young men appreciate the cultural change required to break the vicious cycle of violence. However, where is impossible or impractical to accountable, then international, hybrid or regional responsible instruments shall be applied.

Encouraging and Demonstrating a Norm of Respect for the Victims

Most victims are disbelieved, dismissed or ignored by the justice system players. It is imperative that programs focus on first changing the design of their work to respect the victim’s experiences. Victims should be treated with decorum, respect, courtesy and sensitivity to the traumatic experience they have undergone. Furthermore, the justice system should enhance privacy, security and advocates for supporting the survivors (Rehman, 2013). As a result, it will demonstrate caring a norm of respect for the victim. Including the victims in designing and planning the justice program will make it more efficient. Equally important, the system should strive to understand the nature of violence committed against girls and women.

Holistic Reform Strategy

Changing the judiciary actually will require collaboration amongst different stakeholders like the investigative authorities, persecution authorities, health professionals, customary and traditional systems, judiciary, parliament, the ministry of justice, legal assistance, NGOs, civil society organizations, law schools, religious groups and prisons. The reform strategies should reflect an acute awareness of general access to justice matters such as the changing of traditions, policies and law. It should also increase knowledge and capacities of the system users.

Addressing Restorative and Mediation Justice

Although mediation is employed in many cases involving violence against women around the world, ‘UN Handbook for Legislation on Violence Against Women’ encourages laws or policies that prohibit it. Mediation can be dangerous or extremely problematic in cases of violence against girls and women as it gives both parties equivalent negotiating power, which put girls and women at a disadvantage. Similarly, restorative justice if applied may perpetuate discrimination on girls and women while trying to preserve social group harmony.

Conclusion

In conclusion, a fair justice system should be gender-sensitive in respect to girls and women. The government should also enact laws and policies that will encourage the reporting, persecution, and administering of justice to the survivors. Notwithstanding, the steady in the rise of the girls and women in prison as compared to men during the last decade, it worthy to note that most justice systems are leaned towards people thus putting women at a disadvantage. In summary, the improved gender-specific justice system will enhance better lives of girls and females that translate to the whole society.