Engendering Justice - from Policy to Practice - The Fawcett Society

Executive SummarySince 2003, Fawcett’s Commission on Women and theCriminal Justice System has examined the experiences ofwomen in the criminal justice system as victims, offendersand workers. This approach has allowed us to drawparallels across the system, demonstrating that womencontinue to be marginalised in a criminal justice system,designed by men for men. Despite improved policydevelopments since the inception of the Commission,institutional sexism remains deeply embedded in practicesand attitudes towards women in the criminal justice system.A Gender-responsive Criminal Justice SystemOur vision is for a society in which:• The criminal justice system provides women withsupport, safety and justice.• The sentencing of non-violent female offenders isresponsive to the needs of these women and theirfamilies.• Women working in the criminal justice system arefree from discrimination and harassment with equalopportunities to progress at all levels of the variouscriminal justice agencies.• Policy and practice of all criminal justice agencies isinformed by gender analysis so as to meet the diverseneeds of both men and women.• The Judiciary and the senior levels of the legal profession,the police, the CPS, the prison service and the probationservice are broadly representative of a society with abalance of women and men and recognition of the skillsand experiences of women.• Society recognises that all women have the right to livetheir lives free from the threat and reality of violence.Acknowledgement and Understanding of InstitutionalSexismInstitutional racism became a familiar term following theStephen Lawrence inquiry but institutional sexism is rarelyopenly acknowledged. The experiences of women withinthe criminal justice system provide countless examples ofinstitutional sexism in practice through processes, attitudes,and behaviour which amount to discrimination whichdisadvantages women.The criminal justice system remains largely definedby male standards:• Flexible and part-time working is not consistentlyaccepted and the culture of long working hoursdisadvantages any individual with caring responsibilities,the majority of whom are women.• Promotion and ability to perform a job are frequentlyjudged against male standards rather than thecompetencies of the job, such as fitness tests in thepolice force focusing on upper body strength, rather thanthe actual requirements of the role.• Attitudes and expectations as to how a ‘proper victim’should behave continue to shape the criminal justicesystem response to violence against women. A 2009Home office survey revealed one in four respondentsbelieve that a woman is partially responsible if she israped or sexually assaulted when she is drunk and onethird thought she would be partially responsible if sheflirted heavily with the man beforehand.I feel if I don’t partake in sexual banter I get left out and amnot one of “the boys.”Female Prison OfficerWomen who are carers experience disadvantagethroughout the criminal justice system:• Women victims without access to support from family andfriends to look after their children often have to bring theirchildren to court. Yet courts have no facilities to assistmothers in this position.• It is estimated that up to 17,700 children each year areseparated from their mothers due to imprisonment andat least a third of women offenders with children are loneparents. Women are often not prepared for sentencingoutcomes by their lawyers and may be placed in custodywithout the opportunity to arrange for the care of theirchildren.• For women in custody, maintaining contact is veryimportant yet the location of female prisons meansfamilies are often unable to visit and call costs are higherthan standard rates.• Women workers with children face disadvantage in thePage 7