Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner
violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective
intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary
strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal
reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the
globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.
Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner
violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective
intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary
strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal
reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the
globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.
Heather Douglas is Professor, Melbourne Law School, The University
of Melbourne, Australia
Kate Fitz-Gibbon is Professor of Social Sciences and Director,
Monash Gender and Family Violence Prevention Centre, Faculty of
Arts, Monash University, Australia
Leigh Goodmark is the Marjorie Cook Professor of Law and director
of the Gender, Prison, and Trauma Clinic at the Francis King Carey
School of Law, University of Maryland, United States
Sandra Walklate is the Eleanor Rathbone Chair of Sociology, Social
Policy and Criminology, University of Liverpool, England
This ground-breaking anthology challenges the widely held belief
that all those involved in the feminist movement to end violence
against women seek punitive criminal justice responses to the
plight of abused women. The readings show that while some feminists
still seek increased enforcement of existing laws and harsher
penalties for violent men, this is only part of the picture. Many
feminists are now at the forefront of progressive efforts to create
holistic, non-criminal justice responses and they warrant careful
consideration because they effectively address the needs of
marginalized survivors that are not met by criminalization.
*Walter DeKeseredy, Ph.D. Professor, Anna Deane Carlson Endowed
Chair Of Social Sciences, Director, Research Center on Violence â
Sociology, Department of Sociology and Anthropology, West Virginia
University*
At a time when the world is rightly concerned with gender-based
violence and the violence of racism, policing, and imprisonment,
The Criminalization of Violence Against Women: Comparative
Perspectives is essential reading. The book brings together
ideologically, geographically, and demographically diverse experts
who provide deep analyses of the promises and perils of
criminalization and imagine new ways of achieving gender and social
justice.
*Aya Gruber, Ira C. Rothgerber Professor of Constitutional Law and
Criminal Justice, University of Colorado Law School*
This book is a preeminent example of the unique value of edited
collections in developing scholarly knowledge. It is a timely and
important contribution to our understanding of the place of
criminalization in addressing violence against women. The chapters,
brought together masterfully by the editors, are rich, thoughtful,
and engaging. With a global range of contributors, including
leading and emerging scholars, the book offers a genuine diversity
of approaches and analyses (or methods and arguments). The
collection brings vital new perspectives and crucial nuance to
debates about the role of the criminal law in state responses to
domestic and family violence. It is a must-read for all those
working on combatting violence against women.
*Arlie Loughnan, Professor of Criminal Law and Criminal Law Theory,
University of Sydney*
This book is essential to the debate about criminal responses to
gender-based violence. It brings perspectives from different
countries, from the global north and south, allowing us to examine
the nuances and different responses to a complex phenomenon that
has no simple solutions. This collection invites us to reflect
deeply on the theme and is fundamental reading to advance the
development of more effective proposals than the traditional
approach from the criminal justice system.
*Carmen Hein de Campos, Independent researcher and author of
Feminist Criminology: Feminist Theory and Criticism of
Criminologies (Lumen Juris, 2013 and 2020) and the edited
collections Manual of Criminal Law with a Gender Perspective (Lumen
Juris, 2022); Feminist Criminologies: Latin American Perspectives
(Lumen Juris, 2020).*
This remarkable collection from leading researchers in the field is
a much-needed contribution to current feminist debates about the
role that the criminal legal system should play in responding to
violence against women. The authors bring a range of perspectives -
each one well-researched, nuanced, and illuminating. With writing
that spans differences across geography, disciplines, and
methodologies, the book is a must-read for scholars, students, and
for all those who grapple with how to respond to the global
problems of violence against women in the context of state systems
that are frequently themselves sites of colonial and racial
violence.
*Professor Donna Coker, University of Miami School of Law*
In The Criminalization of Violence Against Women: Comparative
Perspectives, the contributors have produced a rich, challenging,
and extremely timely intervention that wrestles with questions
about the parameters, legitimacy, and value of criminalization as a
response to gender-based violence. Confronting the risks, costs,
and benefits of criminalization, the book does not shy from the
scale of the challenge or complexity of the issues at stake, and
reaches beyond to interrogate the potential for alternative
framings to provide more holistic, sustainable, and transformative
solutions.
*Vanessa Munro, Professor of Law, University of Warwick*
This essay collection reports on how the law in different societies
deals with women. Recommended.
*Choice*
This book would be a wonderful read for college students who are
studying women and gender studies, applied gender studies,
sociology,psychology, and many other programs. It is also relevant
to anyonestudying law or political science, as it spends a great
deal of time talking about laws surrounding DV, IPV, and femicide.
It does a wonderful job examining the policies and practices that
various countries have employed and the effectiveness, or lack
thereof, of those actions. But it is also a worthwhile read if you
are not studying any of these topics. Anyone who is interested in
topics surrounding violence against women would find this book
incredibly insightful.
*Tarynn Bridges, Religious Studies Review*
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