NSW
Judicial Commission of NSW, Equality before the Law: Bench Book (2022).
7.1 notes that insufficient account is taken of the realities of the female experience of sexual assault and domestic violence, and discusses the statistical incidence of women as victims of domestic violence, domestic homicide and sexual assault. 7.5.2 discusses cultural and social attitudes to domestic violence.
QLD
Supreme Court of Queensland, Equal Treatment Bench Book (2nd ed, 2016).
This Bench Book provides insight into domestic violence, in particular under the section ‘Gender Equality’, countering a number of myths and misunderstandings including:
•
Domestic and family violence only affects particular groups of people: ‘when approaching issues of family violence, stereotypes about the gender of abusers and victims should be avoided: all family members, regardless of gender/sex or age, may be affected. Domestic and Family Violence Protection Act 2012 (Qld) specifically acknowledges this by identifying a ‘relevant relationship’ as an intimate personal relationship, a family relationship or an informal care relationship’ (p.29).
•
Men and women are equally victims and perpetrators of domestic and family violence: ‘There is evidence that women are the most common victims of domestic violence’ (p.171). ‘It is significantly more common for a woman to be the victim of physical violence at the hands of a partner or another person she knows than at the hands of a stranger. This is also consistent with the profile of victims of sexual assault reported to the police; the perpetrator is likely to be known to the victim and the most commonly reported location where sexual offences occur is in a residential setting’.
•
A victim of domestic and family violence is able to leave the abusive relationship: ‘Members of the judiciary, court staff and legal practitioners responding to cases of domestic violence should be aware of the fact that leaving a violent relationship is often extremely difficult, on emotional and practical levels. Women may stay in violent relationships for various reasons: financial dependence, the presence of children in the relationship (and manipulation by their partner concerning this), a sense of isolation and lack of external support, and the threat of further or worse violence if the relationship is ended. Extended abuse over a period of time may cause women to enter a state of permanent fear or “learned helplessness”, which describes a developed inability to see a way out of their situation or to work out how to protect oneself in the face of random and variable violence’ (p.172).
Vic
Judicial College of Victoria, Family Violence Bench Book (2014).
5.2.7 discusses myths about family violence and the potential for unconscious prejudice. Also see discussion about violence as a choice under 5.4.1 – men’s use of violence towards family members, and 5.6.3 – myth: violence against some women is an accepted part of some cultures.
WA
Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).
This Bench Book provides the following comments, countering a number of myths and misunderstandings:
•
Unequal perpetration of violence: The higher prevalence of women experiencing physical assaults by current or previous partners [10.1.7]; and the differing experiences of violence by men and women [13.2 and 13.4]; see especially [13.2.1] ‘Key statistics’ exploring the statistics around the gendered nature of domestic violence; [13.2.2] ‘Impacts on women’ detailing the impacts of violence on women; [13.2.4] ‘Risk factors for women’
•
Sexual assault as a form of domestic violence: ‘Where the relationship between victim and offender was stated, most sexual assault victims had some form of relationship with the offender (78%).’ [10.1.7.2]
•
Women are not passive/helpless: ‘One such theory was that women who had been repeatedly victimised suffered from “learned helplessness” as a result. This prevented them from resisting violence or leaving a violent relationship. This theory proved inadequate as further research highlighted the many social, economic and cultural reasons why women do not leave relationships; what is more, it is inconsistent with the many ways in which women in such relationships attempt to leave or often act in very conscious ways to minimise the abuse directed at them and to protect their children.’ [13.7.1]
•
Abuse will stop post-separation: ‘Nearly all the women (97.5%) in one study had experienced violence or abuse after separation, and many described an increase in violence immediately post-separation, although some said that it had later declined or, in a small number of instances, ceased as time passed’ [13.7.1]; ‘Statistically, the most dangerous time for a victim in a violent relationship is at separation or after leaving the relationship.’ [13.9.4]
•
Not easy to leave the relationship: ‘It is not easy for a victim to leave a violent relationship — it takes considerable emotional and practical strength for an abused and frightened victim to do this, particularly if the victim is a parent and children are involved. Many who do leave or threaten to leave are coerced into returning or staying by threats or further violence from their partner. There are often insufficient support and protection structures to enable a victim to either leave or leave safely. This can be even more difficult for Aboriginal victims, victims from culturally and linguistically diverse backgrounds, victims with disabilities and victims in rural and remote locations. Statistically, the most dangerous time for a victim in a violent relationship is at separation or after leaving the relationship.’ [13.9.4]
•
Section [13.1.1] notes the under-reporting of assaults against women
Canada
Neilson, Linda C, Domestic Violence Electronic Bench Book (National Judicial Institute, 2020).
Neilson addresses numerous myths throughout the Bench Book including:
•
Myths about children: e.g. domestic violence does not harm children, very young children are less affected (Sections 6.2.5 and 6.2.6);
•
It is easy and safe to leave a relationship (Section 4.4 Understanding & interpreting evidence of domestic violence): there are ‘multiple reasons female victims of violence do not leave violent relationships. Reasons include economic necessity, traumatic bonding, loss of self-esteem, immigration status, love and or emotional dependency, lack of alternative housing, inadequate legal protection, lack of access to economic resources, protection of children, and fear’ (Section 4.4.4);
•
Abuse stops once separated: ‘[d]omestic violence does not necessarily end with separation, sometimes it gets worse’ (Section 17.6.7.6); ‘Contrary to popular belief, separation can increase the risk of serious forms of DV, especially for women’ (Section 8.14.2);
•
False allegations: ‘[s]purious child-abuse claims against the custodial parent are common’ in cases where the perpetrator employs litigation abuse; however, generally, malicious known-to-be-false allegations of child abuse are rare (Section 7.4.23);
•
Partner provoking or equally responsible for violence: minimization techniques involve claims that acts of violence were defensive, and that the abuse and violence was mutual (Supplementary Reference 3);
•
Drugs and alcohol cause domestic violence: ‘experts agree that drugs and alcohol are more a rationalization than a cause’ of domestic violence; judicial responses should avoid comments that could ‘give the impression that intoxication has been accepted as a cause of the domestic violence, thus absolving the perpetrator of personal responsibility; [or] encourage false and potentially dangerous expectations among perpetrators and family members that limiting alcohol and drugs will stop the domestic violence problem’ (Section 7.2.1);
•
Abuse only affects particular groups of people: while particular groups may be more vulnerable, ‘domestic violence homicide with suicide crosses all gender, age, socioeconomic, professional and cultural boundaries’ (Section 8.14.8).
NSW
Judicial Commission of NSW, Equality before the Law: Bench Book (2022).
7.1 notes that insufficient account is taken of the realities of the female experience of sexual assault and domestic violence, and discusses the statistical incidence of women as victims of domestic violence, domestic homicide and sexual assault. 7.5.2 discusses cultural and social attitudes to domestic violence.
QLD
Supreme Court of Queensland, Equal Treatment Bench Book (2nd ed, 2016).
This Bench Book provides insight into domestic violence, in particular under the section ‘Gender Equality’, countering a number of myths and misunderstandings including:
•
Domestic and family violence only affects particular groups of people: ‘when approaching issues of family violence, stereotypes about the gender of abusers and victims should be avoided: all family members, regardless of gender/sex or age, may be affected. Domestic and Family Violence Protection Act 2012 (Qld) specifically acknowledges this by identifying a ‘relevant relationship’ as an intimate personal relationship, a family relationship or an informal care relationship’ (p.29).
•
Men and women are equally victims and perpetrators of domestic and family violence: ‘There is evidence that women are the most common victims of domestic violence’ (p.171). ‘It is significantly more common for a woman to be the victim of physical violence at the hands of a partner or another person she knows than at the hands of a stranger. This is also consistent with the profile of victims of sexual assault reported to the police; the perpetrator is likely to be known to the victim and the most commonly reported location where sexual offences occur is in a residential setting’.
•
A victim of domestic and family violence is able to leave the abusive relationship: ‘Members of the judiciary, court staff and legal practitioners responding to cases of domestic violence should be aware of the fact that leaving a violent relationship is often extremely difficult, on emotional and practical levels. Women may stay in violent relationships for various reasons: financial dependence, the presence of children in the relationship (and manipulation by their partner concerning this), a sense of isolation and lack of external support, and the threat of further or worse violence if the relationship is ended. Extended abuse over a period of time may cause women to enter a state of permanent fear or “learned helplessness”, which describes a developed inability to see a way out of their situation or to work out how to protect oneself in the face of random and variable violence’ (p.172).
Vic
Judicial College of Victoria, Family Violence Bench Book (2014).
5.2.7 discusses myths about family violence and the potential for unconscious prejudice. Also see discussion about violence as a choice under 5.4.1 – men’s use of violence towards family members, and 5.6.3 – myth: violence against some women is an accepted part of some cultures.
WA
Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).
This Bench Book provides the following comments, countering a number of myths and misunderstandings:
•
Unequal perpetration of violence: The higher prevalence of women experiencing physical assaults by current or previous partners [10.1.7]; and the differing experiences of violence by men and women [13.2 and 13.4]; see especially [13.2.1] ‘Key statistics’ exploring the statistics around the gendered nature of domestic violence; [13.2.2] ‘Impacts on women’ detailing the impacts of violence on women; [13.2.4] ‘Risk factors for women’
•
Sexual assault as a form of domestic violence: ‘Where the relationship between victim and offender was stated, most sexual assault victims had some form of relationship with the offender (78%).’ [10.1.7.2]
•
Women are not passive/helpless: ‘One such theory was that women who had been repeatedly victimised suffered from “learned helplessness” as a result. This prevented them from resisting violence or leaving a violent relationship. This theory proved inadequate as further research highlighted the many social, economic and cultural reasons why women do not leave relationships; what is more, it is inconsistent with the many ways in which women in such relationships attempt to leave or often act in very conscious ways to minimise the abuse directed at them and to protect their children.’ [13.7.1]
•
Abuse will stop post-separation: ‘Nearly all the women (97.5%) in one study had experienced violence or abuse after separation, and many described an increase in violence immediately post-separation, although some said that it had later declined or, in a small number of instances, ceased as time passed’ [13.7.1]; ‘Statistically, the most dangerous time for a victim in a violent relationship is at separation or after leaving the relationship.’ [13.9.4]
•
Not easy to leave the relationship: ‘It is not easy for a victim to leave a violent relationship — it takes considerable emotional and practical strength for an abused and frightened victim to do this, particularly if the victim is a parent and children are involved. Many who do leave or threaten to leave are coerced into returning or staying by threats or further violence from their partner. There are often insufficient support and protection structures to enable a victim to either leave or leave safely. This can be even more difficult for Aboriginal victims, victims from culturally and linguistically diverse backgrounds, victims with disabilities and victims in rural and remote locations. Statistically, the most dangerous time for a victim in a violent relationship is at separation or after leaving the relationship.’ [13.9.4]
•
Section [13.1.1] notes the under-reporting of assaults against women
Canada
Neilson, Linda C, Domestic Violence Electronic Bench Book (National Judicial Institute, 2020).
Neilson addresses numerous myths throughout the Bench Book including:
•
Myths about children: e.g. domestic violence does not harm children, very young children are less affected (Sections 6.2.5 and 6.2.6);
•
It is easy and safe to leave a relationship (Section 4.4 Understanding & interpreting evidence of domestic violence): there are ‘multiple reasons female victims of violence do not leave violent relationships. Reasons include economic necessity, traumatic bonding, loss of self-esteem, immigration status, love and or emotional dependency, lack of alternative housing, inadequate legal protection, lack of access to economic resources, protection of children, and fear’ (Section 4.4.4);
•
Abuse stops once separated: ‘[d]omestic violence does not necessarily end with separation, sometimes it gets worse’ (Section 17.6.7.6); ‘Contrary to popular belief, separation can increase the risk of serious forms of DV, especially for women’ (Section 8.14.2);
•
False allegations: ‘[s]purious child-abuse claims against the custodial parent are common’ in cases where the perpetrator employs litigation abuse; however, generally, malicious known-to-be-false allegations of child abuse are rare (Section 7.4.23);
•
Partner provoking or equally responsible for violence: minimization techniques involve claims that acts of violence were defensive, and that the abuse and violence was mutual (Supplementary Reference 3);
•
Drugs and alcohol cause domestic violence: ‘experts agree that drugs and alcohol are more a rationalization than a cause’ of domestic violence; judicial responses should avoid comments that could ‘give the impression that intoxication has been accepted as a cause of the domestic violence, thus absolving the perpetrator of personal responsibility; [or] encourage false and potentially dangerous expectations among perpetrators and family members that limiting alcohol and drugs will stop the domestic violence problem’ (Section 7.2.1);
•
Abuse only affects particular groups of people: while particular groups may be more vulnerable, ‘domestic violence homicide with suicide crosses all gender, age, socioeconomic, professional and cultural boundaries’ (Section 8.14.8).