Feminist Perspectives on Violence Against Women in Criminal Law

This essay explores the multifaceted issue of violence against women, examining its manifestations and underlying causes through a criminal law perspective. It begins by highlighting the significant contributions of feminist research and theories to understanding the problem, contrasting these with other theoretical frameworks of violent offending. The essay then focuses on domestic violence, providing a detailed feminist analysis of its causes, social contexts, and contributing factors. It draws upon existing literature and research to illustrate the impact of gender inequality and societal norms on domestic violence. The essay further analyzes the influences of the Australian law and criminal justice policy, including the role of law enforcement agencies and government initiatives in addressing the issue. The paper also discusses the factors that contribute to such offences and concludes by summarizing the key points of the analysis, emphasizing the need for continued efforts to address gender inequality and prevent violence against women.

Running head: CRIMINAL LAW
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Name of the Student
Name of the University
Author Note

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Introduction
Violence against women is considered to be a global difficulty which has significant
magnitude. The violence is considered to be a direct violation of the human rights. It has serious
effect and impacts on the health along with the well-being of an individual who has been
subjected to such kind of violence. In addition to such it also effects the social and economic
costs on the communities as well as the nations. There have been two significant causes, which
determines the factors that contribute towards the offences, which includes inadequate
circulation of power and other resources among men and women and an observance to the
gender roles which are rigidly defined by the society. This type of violence can be prevented
(Paciello, D’Errico, & Saleri, 2019).
This paper discusses the manifestation of violence against women and addresses the
substantial assistances made by the feminist research and the theories on the reasons and the
solutions for the problem of violence. It also discusses the reason for domestic violence and
analyzes such along with the factors, which contribute to such offences. In addition to such, it
also discusses two concrete illustrations, which has created an impact on Australian law and the
criminal justice policy. In conclusion, it summarizes the points that have been discussed in the
paper.
Discussion
Violence against women is considered to be known as gender-based violence. These
vehement and vicious acts are primarily committed on women or girls exclusively. This form of
violence is often perceived as an instrument for the suppression of women whether such
suppression has been through society or in general or in any interpersonal relationship.

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Furthermore, this form of violence ascends or originates from a certain sense of privilege or
preeminence and misogyny or any other attitudes, which are similar to such in the offenders or
due to the violent nature of the offenders against women. The feminist theories are considered to
incorporate and encompass a various range of diverse ideas that had originated from the beliefs
which included that the society is considered to be patriarchal and it is structured in a way which
favors the men. The theories also considers that the traditional ways of thinking support the
relegation and subservience of women. In addition to such, it neglects the trivialization of the
several issues which causes an impact on the women particularly (Miller, & Mullins, 2017). The
feministic theory is also considered to be of the notion that the patriarchal order be overthrown
with a system, which would stress or emphasize on the equality of both the sexes. The above-
mentioned theories aims to influence all the institutions, which would be for medical, academic,
legal and social fields that would be used to illumine all the issues that would be effecting
humans. There would be a diversity of thought that are considered to lie within the feminist
theories for women across the globe regardless of their race, nationality, sexual orientation, class,
ethnicity, or any educational background as these would result in gender equality. The theories
are therefore considered to be broad as well as a contested term. These theories depict the several
experiences that are faced by women due to the actions of men. These include both the positive
as well as the normative claims as the positive claims are considered to be descriptions and other
explanations of the work of the gender systems. Normative claims are considered to answer the
arrangements of such are ought to be which deals with the questions regarding the ethics and
social justice (McPhail, 2016).
Several people opine incorrectly that feminist theories are considered to concentrate on
the girls as well as women and it has an essential and intrinsic objective or aim of encouraging

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the dominance of the women over men. In actuality, the feminist theory is considered to observe
the social world in a manner that irradiates the forces, which are considered to generate and
support inequality, oppression and other forms of injustice by promoting and recreating the
pursuit of equality and justice. There are certain feminist theories which provides an
understanding on the social situations of men and women and how such differ. For instance, the
cultural feminists are considered to view and observe the diverse and separate values, which are
related with womanhood as well as femininity as a cause for observing the social world in a
different way. The theories also focus and concentrate on the gender inequality, which
recognizes the social situations to not only be different from the men’s but it is also perceived as
unequal. It has been argued by various feminists that the women have the same capability for
ethical reasoning as well as assistance but the patriarchy as well as the sexist division of labor is
considered to repudiate the prospect to practice such reasoning to the women. The theories of
gender oppression has also been viewed as a reason for inequality as it actively oppresses,
subordinates and along with such abuses the women. The power is considered to act as an
essential element which consists of two main theories of gender oppression which includes
psychoanalytic feminism and along with such radical feminism. The former attempts to provide
an explanation on power relations between that of men and women by redeveloping the theories
of Freud through the human sentiments and the childhood development along with the workings
of the unconscious and subconscious minds (Kerner, 2017). In comparison to such the latter,
contend that a woman is considered to be a positive thing but they are not acknowledged by the
patriarchal societies and hence they are oppressed. The base of patriarchy is considered to be
identified and recognized with physical violence. The radical feminists are of the view that such
can be broken and defeated if the women understand their value and strength. There have been

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certain solutions provided to reduce these offences which would be through the promotion of
gender equality. It could also be through certain school initiatives which would try to address
certain gender norms before these become deeply ingrained in the children and the youth. The
community interventions can also try to empower women along with the media interventions,
which might aim on altering, gender norms and help in promoting the gender rights. These are a
little different from the other approaches as they focus on individualist approaches where the
men tend to have a problem within one self and such needs to be improved. It also depends on
familial systems and approaches which discusses that the conflicts in a family system is
considered to instigate family violence and therefore creates an abusive relationship between
men and women. The structuralist approach or theory depends on the social, political,
ideological, cultural structures that creates domestic abuse. The social system along with the
society determines and contributes to this kind of violence (Michau, et al., 2015).
According to the authors Messner, Greenberg, & Peretz, (2015), it has been stated that
domestic violence is considered to be the type of violence which involves intimidation between
two individuals who have been in an intimate relationship or are having an intimate relationship.
The offender or the perpetrator is considered to use violence and force to dictate the other
individual, which causes bodily or psychological harm or instils fear. It is an offence, which is a
direct defilement and violation of the human rights. In Australia any kind of physical assault or
sexual assault along with verbal abuse or emotional abuse, financial abuse, abuse facilitated
through technology, social abuse where an individual has been isolated from their family as well
as friends and spiritual abuse are considered to be recognized as domestic violence. However, it
has also been specified that there are certain communities like the Aboriginal and the Torres
Strait Islander communities who have a preference towards the term ‘family violence’ instead of

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domestic violence. These are considered to be referred to as the violence between the family
members along with the intimate partners. For these communities family violence reflects their
experience and their understanding of the violence better than domestic violence.
According to the statutory provisions the domestic violence is considered to be
demarcated under the Family Law Act 1975 as violent threatening or any other behavior by any
individual which forces or pressures and controls the member of the person’s family or causes
some kind of a fear among the members of the person’s family. According to the authors
Burman, Batchelor, & Brown, (2017), it has been stated that majority of the women who were
subjected to domestic violence had died due to such. However, it had also been stated by the
author that the Australian Bureau of Statistics’s provided with information that eighty percent of
the women who had experienced such abuse had not reported about it to the law enforcement
agency. It has been stated by the author that men often feel like they have more power and higher
status than the women and such can be witnessed in the private as well as public life or in a
workplace and a community. Such kind of an imbalance is considered to be gender inequality.
There are certain factors which includes gender norms, men controlling through the decision-
making power, limitations and restrictions to women’s freedom and liberation, connections
between those men who are considered to be aggressive as well as disrespectful towards women,
substance and alcohol abuse, lack of awareness regarding Australian law and loss of community
support systems along with traditional family which contributes for domestic abuse or violence.
These become the driving force for men to act in a certain way in order to exert their dominance
over the women. Therefore, according to the feminist perspective the superiority of men to show
case their dominion side makes them act in such an aggressive manner (Burman, Batchelor, &
Brown, 2017).

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Australia has always tried to tackle these issues and the law enforcement agency or the
police force have always been determined to help the government by reducing the crime rate
through the domestic violence cases. The Australian Bureau of Statistics had provided with a
national survey, which consisted of ‘Women’s Safety Survey’, and it was considered to be the
first comprehensive national data which comprised of all kinds of violence against women. In the
year 1997, the Australian government with the help and assistance of the Prime Minister bought
together the heads of all the states as well as the territories and acknowledged as well as accepted
the domestic violence phenomena and tried to resolve this issue. In the year 2005, the ABS
conducted and carried out Personal Safety Survey, which depicted a comparison between the
1996 Women’s Safety Survey, and such showed a significant reduction on the occurrence of the
crime.
In the year, 2014 there were a large number of victims found relating to domestic
violence homicides. Therefore, in order to decrease the rate an issue regarding domestic violence
had been provided under the Finance and Public Administration References Committee which
was an interim report. These included inclusion of respectful relationships and an opportunity to
create a positive change.
The most common form of penalty, which is imposed on the domestic violence offender,
is considered to be a bond. The individuals who try to apprehend violence or had a prior
conviction for violence are imprisoned for an indefinite period. The most frequent and common
form of domestic violence is considered to be common assault and the individual would receive
unsupervised bonds. Therefore, it can be understood that the changes with the help of the
feminist theories are considered to cause an impact on the criminal justice policy along with the
Australian law as it depends on federal and state levels (Easteal, Holland, & Judd, 2015).

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Conclusion
Therefore, it can be comprehended from the above discussion that gender inequality
along with gender differences still prevails and due to such men are considered to feel superior as
they consider themselves to be more powerful than the women. Due to such the women are
subjected to violence. This paper has deliberated upon the factors which contributes to the use of
violence against women and tried to relate such with the feminist theories. In conclusion it
summarized the points that have been discussed in the paper.

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References
Burman, M. J., Batchelor, S. A., & Brown, J. A. (2017). Researching girls and violence: Facing
the dilemmas of fieldwork. In Feminist Theories of Crime (pp. 3-19). Routledge.
Easteal, P., Holland, K., & Judd, K. (2015, January). Enduring themes and silences in media
portrayals of violence against women. In Women's Studies International Forum (Vol. 48,
pp. 103-113). Pergamon.
Family Law Act 1975.
Kerner, I. (2017). Relations of difference: power and inequality in intersectional and postcolonial
feminist theories. Current Sociology, 65(6), 846-866.
McPhail, B. A. (2016). Feminist framework plus: Knitting feminist theories of rape etiology into
a comprehensive model. Trauma, Violence, & Abuse, 17(3), 314-329.
Messner, M. A., Greenberg, M. A., & Peretz, T. (2015). Some men: Feminist allies in the
movement to end violence against women. Oxford Studies in Culture and.
Michau, L., Horn, J., Bank, A., Dutt, M., & Zimmerman, C. (2015). Prevention of violence
against women and girls: lessons from practice. The Lancet, 385(9978), 1672-1684.
Miller, J., & Mullins, C. W. (2017). The status of feminist theories in criminology. In Taking
stock (pp. 217-249). Routledge.
Paciello, M., D’Errico, F., & Saleri, G. (2019). Moral struggles in social media discussion: the
case of sexist aggression.