Beyond the Victim-offender Binary: Legal and Anti-violence Intervention Considerations With Women Who Have Used Force in the U.S. and Australia (2021)

In the United States (U.S.) and Australian contexts, the fight to achieve legal and societal recognition of cisgender men’s violence against cisgender women operated according to an incident-based victim-offender binary. Those held accountable for the violence were seen as offenders, those who survived the violence were seen as victims. This binary persists across police, court, corrections, intervention, and child protection settings. However, work with cisgender heterosexual women with offenses of abuse and violence demonstrates that the binary does not capture their complex experiences. Instead, they have “offended” in the context of often surviving long-term harm in their families of origin and from their intimate partners. Because their experiences do not align with the binary, they are caught in ineffective and retraumatizing responses.

The authors use an intersectional theoretical framework to explore how heterosexual cisgender women’s use of force complicates the victim-offender binary. By understanding women who have used force as having both survived and caused harm, rather than “victims” or “offenders,” the authors call attention to the limitations of, and harm caused by, binary approaches. The authors also call for a reconceptualization beyond the binary—challenging established legal and intervention frameworks. To demonstrate the need for this reconceptualization, the authors report on U.S. and Australian legal cases, intervention approaches, and discuss socio-legal systems implications.

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Researchers: Larance, L. Y., Kertesz, M., Humphreys, C., Goodmark, L., & Douglas, H.

Year: 2021

Citation: Larance, L. Y., Kertesz, M., Humphreys, C., Goodmark, L., & Douglas, H. (2021). Beyond the Victim-offender Binary: Legal and Anti-violence Intervention Considerations With Women Who Have Used Force in the U.S. and Australia.  Affilia, 37(3).  https://doi.org/10.1177/08861099211060549

Domestic violence and the impact on young children (2021)

This chapter outlines the impact of domestic violence (DV) on young children. Exposure to DV has detrimental effects on the emotional and behavioural adjustment of significant numbers of children. Impacts on children vary greatly, depending on developmental stage, the longevity, severity and extent of the violence and abuse, the quality of their relationships with caregivers, and the intersection of adversities experienced. While many children living with DV have protective factors that mean that they do as well as those in the general community, outcomes are worst for those children where the violence is chronic and severe and there are few mediating influences.

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Researchers: Kertesz, M., Fogden, L., & Humphreys, C.

Year: 2021

Citation: Kertesz, M., Fogden, L., & Humphreys, C. (2021). Domestic violence and the impact on young children. In Devaney, J., Bradbury-Jones, C., Macy, R., Øverlien, C. and Holt, S. (Eds), The Routledge Handbook of Domestic Violence and Abuse (pp. 128 – 140) London: Routledge.

Safe & Together Addressing ComplexitY: Long-term practice change (2021)

Abstract:

This study focused on long-term practice changes reported by participants of the STACY Project (Safe & Together Addressing ComplexitY) in follow up interviews 12 months after the project. Sixteen interviews were conducted, focusing on participant insights about changes in their practice since participating in the STACY Communities of Practice in 2019, and the sustainability of any such changes. Findings related to shared language, leadership and authorising environment, management, connections and proximity, diversity, time and funding were used to inform the development of the ESTIE Project (Evidence to Support Safe & Together Implementation and Evaluation).

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Researchers: Jasmin Isobe, Darcy Watson, Arnold So, Erin Links, Margaret Kertesz

Year: 2021

Citation: Isobe, J., Watson, D., So, A., Links, E., & Kertesz, M. (2021). Safe & Together Addressing ComplexitY: Long-term practice change. Briefing paper, University of Melbourne.

A global silence – a critical interpretive synthesis of Aboriginal mothering through domestic and family violence.

Abstract: Aboriginal women globally face extreme risk of violence and their exposure to domestic and family violence (DFV) and state sanctioned violence is increasing. Attention to the impact on Aboriginal mothering is lacking and is underpinned by issues of social justice. This study employs Critical Interpretive Synthesis to examine the evidence on Aboriginal mothering through DFV. Serrant-Green’s Silences Framework was used to structure the critique, understand its problematics and generate an argument to counter the evidential silence. From 6,117 search results, ten publications were reviewed, only four of which substantially addressed Aboriginal mothering in the context of family and domestic violence; a conspicuous absence from the literature about Aboriginal women, children, and mothering. Studies addressing Aboriginal women’s experience of DFV did not credit the issue of mothering. Equally, studies that did address mothering through violence were generally not inclusive of Aboriginal women. Silence, therefore, sits at the nexus of DFV, Aboriginal women, and mothering. While violence against Aboriginal women is acknowledged as a social ill, inattention to mothering in research represents a disregard for Aboriginal women’s mothering identities and roles. Aboriginal women’s voice and citizenship are critical to addressing this issue.

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Researchers: A/Prof Shawana Andrews, Prof Cathy Humphreys, A/Prof Bridget Hamilton

Year: 2021

Citation: Andrews, S., Humphreys, C. & Hamilton, B. (2021) A global silence – a critical interpretive synthesis of Aboriginal mothering through domestic and family violence. Affilia, Journal of Women and Social Work, DOI: 10.1177/08861099211055520 10

DAHLIA-19 Australian Case Study

Abstract:

Situated against this background of changes to the family law context is the National Covid-19 List. The Australian mapping report for the DAHLIA-19 study found that a major innovative change that took place in response to the Covid-19 pandemic was a rapid shift from face-to-face practice to tele-practice and online/working-from-home models (McKibbin et al., 2021). The National Covid-19 List, established on 29 April 2020 by the then Family Court of Australia and Federal Circuit Court of Australia, represents a landmark shift in how urgent family law matters are addressed and progressed, with the transition to an online model giving rise to a new possibility of managing these matters centrally. This critical shift allowed the Courts, for the first time, to allocate resources where they were required nationally, and not be beholden to allocations per state and territory.

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Researchers: Sijnja, J., Robinson, M., Humphreys, C., McKibbin, G.

Year: 2022

Citation: Sijnja, J., Robinson, M., Humphreys, C., & McKibbin, G. (2022). The National Covid-19 List: An Australian case study. Australia’s National Research Organisation for Women’s Safety.

“Never waste a crisis”: Domestic and family violence policy and practice initiatives in response to COVID-19 (DAHLIA-19)

Abstract:

This report describes the activities undertaken in 2020-21 by the University of Melbourne with Kids First and Odyssey Across the world, the risks of experiencing DFV have increased due to restrictions put in place to slow the spread of COVID-19. While a number of policy initiatives and innovative practices have emerged to address these heightened risks, not much is known about their impact. ANROWS and the University of Melbourne have been working in partnership on DAHLIA-19, an international research study exploring domestic and family violence service provision – and in particular, innovative practice – in the context of the COVID-19 pandemic. The research has taken place in Australia, the United Kingdom, Ireland and South Africa, and is funded by the UKRI’s Economic and Social Research Council. This report looks broadly at Australian initiatives that were implemented during the first year of the COVID-19 pandemic up until June 2021 highlighting innovations and practices within the sector and considerations for policy and practice moving forward.

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Researchers: McKibbin, G., Humphreys, C., Gallois, E., Robinson, M., Sijnja, J., Yeung, J. & Goodbourn, R. 

Year: 2021

Citation: McKibbin, G., Humphreys, C., Gallois, E., Robinson, M., Sijnja, J., Yeung, J. & Goodbourn, R. (2021) AUSTRALIAN COUNTRY REPORT “Never waste a crisis”: Domestic and family violence policy and practice initiatives in response to COVID-19 (DAHLIA-19) Sydney: ANROWS

Kertesz, M., Humphreys, C. & Larance, L.Y. (2021). Interventions for women who use force in a family context: an Australian Practice Framework. Melbourne: University of Melbourne.

Abstract:

This Practice Framework isdesigned as a brief guide for practitioners and program designers to the principles and intervention style deemed essential for working with this population. It is best read in the context of a program curriculum such as the Positive Shift Curriculum or the University of Melbourne research reports on this topic.

The framework is based on a research program about women who use force in a family context, which has included academic researchers from the University of Melbourne and Curtin University and service providers and users (Baptcare and Berry Street).

Researchers: Kertesz, M., Humphreys, C. & Larance, L.Y.

Year: 2021