Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

132 PRACTITIONERS GUIDE No. 12
Traps: women facing further denial of their human rights
in their search for justice
Some failures are in the form of traps for victims and survivors
where the attempt to achieve an effective remedy instead
serves to exacerbate or compound the initial harm. A woman
who acts to achieve justice for gender-based violence may put
herself at risk of greater violence, either by the initial
perpetrator or by family or community members who may be
“shamed” if a woman makes a complaint. In this situation, for
example, family members may kill women who seek justice for
crimes of violence in the name of so-called “honour”. In some
places, women risk being subjected to further violence by
police when they make a report.
Some women seeking justice may be trapped as they
themselves face sanction arising from a situation of violence,
while no action is taken against the perpetrator. In some
jurisdictions, for example, if a woman cannot prove that she
was raped she may herself be prosecuted for crimes related to
sexual contact outside marriage. Similarly, some women
seeking justice for domestic violence may be charged for
assault, or a similar offence, where they admit that they
“fought back” in self-defence. Others may face being
prosecuted for migration-related offences when they make a
complaint about being trafficked. Women may face prosecution
for crimes related to sexual and reproductive rights, where they
have been raped and subsequently seek or obtain an abortion
where they become pregnant as a result. Often women fear
being subject to criminal sanction because of their status,
especially because of their sexual orientation or gender
identity, or because they are sex workers/in prostitution.
Other traps involve the risk by women of losing custody of their
children. Others may be from marginalized groups, for
example, indigenous women or minority ethnic women, who
may fear or not trust State authorities and do not expect to be
assisted.