Women's Experiences of laws, policies and practices in response to VAWIR: whose rights are maintained?

This study explores women's experiences of the criminal justice system in response to experiencing male violence in their intimate relationships, in a northern British Columbia community.Employing qualitative research methodology, this research utilized semi-structured interviews with women who had experienced male violence in their intimate relationships.Study findings revealed that participants were victims of structural violence and covert and overt oppressions.While all participants spoke of system strengths through their positive interactions with RCMP, the majority of women felt their interactions with the criminal justice system were negative.Many women did not feel their specific protection order or more broadly, the criminal justice system process upheld their legal rights to safety. GLOSSARYAccused or Alleged Perpetrator: terms used by the criminal justice system referring to an individual suspected of having committed a crime and who has had charges laid against them by crown counsel (Zhang, Hoddenbagh, McDonald, & Scrim, 2012).Criminal Justice System (CJS): refers to police, crown counsel, lawyers, judges, court system personnel, and community corrections, such as probation officers and bail supervisors (Light, Ruebsaat, Turner, Novakoswki, & Walsh, 2008). Domestic Violence (DV)and Violence Against Women in Relationships (VAWIR): are terms utilized by the BC provincial government.Although the provincial government employs the term domestic violence the BC's provincial Violence Against Women in Relationships Policy (2010) uses the language of violence against women in relationships as this recognizes the power-based nature of this crime (Rossiter, 2011, p. 6).This policy acknowledges that while men also experience violence against them in their intimate relationships, women are more frequently victims of domestic violence.Domestic violence consists of a variety of abuses such as threats, and physical, psychological, emotional, sexual, and financial abuse; and exists in past or present dating, common-law, or marriage relationships.DV is perpetrated to intimidate and is a form of power and control (Legal Services Society, 2013b).The Canadian Research Institute on the Advancement of Women (CRIAW; 2013, p.3) provides some terminology of violence related to VAWIR: vii Economic abuse: is depriving someone of the wages she earned, preventing her from getting or keeping employment, and not letting her know about or limiting her access to family income or personal resources.Criminal harassment (stalking): this includes behaviours of unwanted communication, surveillance at home or work, following someone or having her followed, and direct threats to other individuals causing them to fear for safety of themselves or another person.Emotional abuse, psychological abuse, controlling behaviour: humiliating her, insults, name-calling, isolation or forced isolation, destruction of property, and playing mind games.Sexual harassment: includes pressure to submit to a sexual request in exchange for needed goods, unwanted sexual attention, demeaning and degrading gestures and comments of a sexual nature in private or public places, and threats of reprisals for refusal to comply with a sexual request.Sexual violence: refers to attempted rape, rape, or any form of non-consensual sexual activity.Sexual violence is achieved by force or threat of force, and/or intimidation.Physical violence: reflected by threats of violence, or physical acts of slapping, choking, pushing, kicking, burning, hitting with weapons, hand, or fists, etc.Family Violence (FV): the Canadian Federal government employs this term which Jamieson and Gomes (2010) define as "a variety of abusive behaviours within relationships based on kinship, intimacy, dependency or trust" (p. 1, as cited in Rossiter viii (2011).This term does not reflect that women are disproportionately victims of violence in relationships (Rossiter, 2011). Gender-based violence and violence against women:The international community often uses these two terms placing importance upon the gendered nature of the violence.Violence against women, as defined by the United Nations' (1993) Declaration on the Elimination of Violence, refers to any act of violence based on gender, or the threat of violence, which does or may, result in, sexual, physical, or psychological harm directed at women.This can include deprivation of rights and coercion. Intimate Partner Violence (IPV), Intimate Partner Abuse: reflects "gender symmetry"and is language used by men's rights activists and family violence researchers, along with the term domestic violence (Desmarais, Gibas, & Nicholls, 2009, as cited in Rossiter, 2011).IPV is different from violence inflicted by other individuals due to the emotional attachment of the victim, the possible ongoing relationship between the victim and abuser, and potential financial dependency on the abuser (Ogrodnik, 2006, as cited in Sinha, 2012, p. 26).Partner or Spouse: relationships of people aged fifteen years and older who are commonlaw, married, separated, or divorced, including past or current relationships (Zhang, Hoddenbagh, McDonald, & Scrim, 2012). Spousal violence: the terminology of the BC Crown Counsel Policy manual and StatisticsCanada's General Social Survey victimization cycle, and refers to sexual and physical violence incidents charged under the Criminal Code of Canada as noted by Rossiter ix (2011).Used in a broader definition this term implies the violence one spouse uses against their partner (both past and present) (Zhang, Hoddenbagh, McDonald, &Scrim, 2012).Victim: refers to the direct individual/victim who is experiencing the violence (McInturff, 2013).For the purposes of this research the term victim will be used as in this study, women have been victims of a crime.This is in alignment with Coates and Ridley (2009) who assert the "use of 'victim' reclaims its meaning of indicating that a person was harmed, that violence is wrong and that victims must be supported rather than undermined" (p.111).Violence against Women, Wife assault, Woman abuse: terminology utilized by feminist scholars and community activists as these terms express the gender-base of this violence (DeKeserdy, 2011; Johnson & Dawson, 2011, as cited in Rossiter, 2011).x Acknowledgements I am so very thankful to the women who bravely agreed to participate in this study.This research could not have occurred without the sharing of your experiences of violence against women in relationships including the criminal justice system.You are all much stronger and braver than you know.I hope that I have done your words and experiences justice.I am grateful and give thanks to the UNBC School of Social Work and faculty, and most especially my research supervisor Dr. Indrani Margolin who supported and encouraged me during this

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