A feminist criminological critique of aspects of the criminal justice system and the whole-system response towards female victims of intimate partner abuse

Abstract

The thesis examines the development of the criminal justice system response to intimate partner abuse in England and Wales from 1997 to 2017. The examination occurs based on the intersectional gendered approach, which provides a feminist criminological perspective. This perspective aims to provide insight on the extent of the prevention of IPA and the protection of female victims by targeting gender inequality, considering their diverse identities, and promoting the transformation of the social perception. Specifically, the thesis focuses on identifying gaps between policies, laws, and practice of aspects of the criminal justice system and the whole-system response. This is achieved by investigating the governmental IPA strategies, criminal laws, and policies and practice of the police, CPS, and the courts. Moreover, the thesis focuses on three case studies, early intervention to young people through education, victims’ access to justice through legal aid, and specialist refuges. These issues are examined in order to show the contribution of the whole-system response to support diverse victims and to transform the social perception towards IPA due to the limited power of the law. Additionally, feminist engagements with these developments are identified. The critiques are produced through the views of feminist theorists and activists and by applying the intersectional gendered approach. The examination shows that the response to IPA has improved progressively through developments such as the creation of a gender-based VAWG strategy, the creation of the coercive control offence, and the mandatory teaching of Relationships and Sex Education. However, more changes are needed since there are gaps between the policies, laws, and practice. Moreover, the implementation of the Single Equality Duty needs to be changed since it undermines the implementation of the intersectional gendered approach. Feminist theorists and activists have contributed to these developments through theoretical and practical engagements such as lobbying, campaigning, and training. It is argued that the adoption of the intersectional gendered approach as the theoretical basis for the formation of the CJS and the whole-system responses could contribute to the improvement of the prevention of IPA and the protection of its victims.