Gender-based violence occurs when there is any harm committed against a person’s will as a result of power inequalities based on gender roles.
While it is true to say that men and boys across the UK suffer from many forms of gender-based violence and abuse, it is still women and girls who are disproportionately impacted.
In March 2019, the Crime Survey for England and Wales estimated that 25% of women aged 18 to 74 (around 5.1 million women) had experienced some form of abuse before the age of 16. In June 2021, the Opinions and Lifestyle Survey showed that around a third of women over the age of 16 in Great Britain had experienced at least one form of harassment in the previous 12 months. The range and prevalence of these crimes are widespread, and many women and girls are living with the long- term effects: emotional, societal, political, and financial.Most gender-based violence is criminalised in England and Wales covering rape, domestic homicide, sexual assault, domestic abuse, abuse experienced as a child, female genital mutilation, forced marriage, stalking and honour killings.
Yet, despite the vast range of laws, gender-based violence continues to pose a serious threat due to several limitations and gaps in the law.
For example, in the June Census of 2021, it was reported that 60% of all crimes recorded by the police as “rape of a female aged 16 years and over” were closed, due to “evidential difficulties”. Only 20% of women who are raped report it, only 3% of reported cases result in a police charge, and only 0.7% of all rape cases result in offender convictions. Also, according to Criminal Injuries Helpline, while 70,330 cases of rape were reported in March 2022, only 2,223 charges were brought against perpetrators.
Furthermore, laws regarding transgender rights are inadequate. An example to illustrate this includes the lack of obligation upon prisons to allocate transgender prisoners to an establishment that matches their gender identity. The relevant policy states that “(gender identity preference) is one of many factors considered.” This often subjects transgender prisoners to discrimination, harassment, and victimisation. Trans rights activists have also argued that trans people underreport gender-based incidents to the police due to a lack of acceptance within the law enforcement community.
This also reaffirms the lack of an appropriate system for the provision of support and assistance to victims and survivors of gender-based abuse and violence, and the lack of a mandate for preventative measures.
Moreover, the current laws do not cover all areas of gender-based violence. For example, while rape and sexual assault are covered by appropriate legislation, sexual harassment is not a criminal offence in the UK.
A major barrier preventing the strengthening of the legislative framework is the lack of female representation in the legislature. Women in the UK are underrepresented in positions of political power, with most seats in Parliament being held by men. Public confidence in the justice system is undermined by the fact there is currently only one sitting female Justice within the Supreme Court of the UK, and, due to the presence of gender-based violence amongst people in positions of trust and power, including the police. From 2018 – March 2023, nearly 80 police officers across 22 forces in England and Wales have faced disciplinary action for inappropriate sexual relationships or sexual contact with victims, witnesses, and suspects. As recently as January 2023, a Met Police officer pleaded guilty to 49 offences including 24 rape counts.
There is no clear-cut solution to deal with the continued prevalence of gender-based violence, but the criminalisation of all forms of violence is the first step to enabling the State to fulfil its obligation to prevent crime and to protect society. A robust and comprehensive domestic legislative framework is a vital step to ensure perpetrators are held to account, and that all areas of gender-based violence are covered.
This should all be combined with an obligation that the cases are adequately recorded, investigated, and publicly prosecuted when they occur. Preventative measures can also be put in place, such as awareness-raising campaigns, sensitisation of the media, and educational curricula on gender-based violence.
A good practice example is Zambia’s Anti-Gender-Based Violence Act of 2011. Along with criminalising a wide range of offences, the Act provides for fast-track courts, protection orders, the provision of emergency funds, the establishment of police victim support units, shelters, village-led one-stop centres, and counselling services. This applies to survivors of all forms of gender-based violence.
A similar approach in the UK would mean a robust, efficient, and streamlined process resulting in adequately recorded, investigated, and prosecuted perpetrators. More fundamentally, it would result in proper assistance for victims and survivors.
by Khushi NarulaFirst Year LLB Law student at Queen Mary University of London