Tool 2: Policing and Gender
power relations. Without integrating a gender perspective in the justice sector, gender
power hierarchies are sustained, with their associated violence and other harms.
2.2 Individuals’ experiences of crime and injustice are gendered
Gender matters to the justice sector because experiences of crime and injustice are gendered
and because women have been the primary or only victims of certain forms of violence,
usually perpetrated by men. For instance, women and men often experience violent crime
differently, in different spaces and by different perpetrators. GBV is an umbrella term for
any harmful act that is perpetrated against a person’s will and is based on socially ascribed
(gender) differences between females and males. Examples include sexual violence,
including sexual exploitation/abuse and forced prostitution; domestic violence; trafficking;
forced/early marriage; harmful traditional practices such as female genital mutilation;
honour killings; widow inheritance; and homophobic and transphobic violence. GBV can
take the form of physical, sexual, psychological, verbal or socio-economic harm.6 While the
nature and extent of GBV vary between cultures and societies, violence against women
and girls and against LGBTI people is high in most societies. To give an indication of the
scope of violence against women, the World Health Organization estimates that 35 per
cent of women worldwide have experienced either non-intimate-partner sexual violence or
intimate-partner physical and/or sexual violence.7
Beyond gendered experiences of crime, women and men often have different experiences of
injustice more generally; for example, in relation to land ownership or inheritance.
2.3 Gender biases impact upon justice
Access to justice and the type of justice received are also often gendered. Women, girls,
men and boys tend to have different experiences within the justice sector when a victim or
perpetrator of crime. Sexual orientation and gender identity, ethnicity, race, religion, social
or other status can add to and exacerbate the effects of gender-based discrimination, and
need to be considered and addressed in an intersectional way.
In any society, “gender bias” shapes the way people act and are treated and can influence
judges’ and juries’ assessments of guilt or innocence, and indeed all aspects of the operation
of the justice system (see Box 2).
Box 2: Gender bias
Gender bias refers to prejudiced thoughts and/or actions based on assumptions of
inequality or gendered stereotypes, leading to the advantaging or disadvantaging of
individuals or groups based upon their gender. Examples are assumptions about how
women, men, girls and boys should behave and typically do behave; what is feminine or
masculine; and what constitutes “a good woman” or “a real man”. Gender bias interacts with
other forms of prejudice, including against LGBTI persons.
Gender bias works at various levels and can be difficult to identify, especially if biases
are implicit and so ingrained that they have become unconscious or embedded in
structures and procedures. The stereotypes which have informed attitudes may not even be
consciously acknowledged.
Some examples of the operation of gender bias in the justice system are as follows.
Ê Men are assumed to be more aggressive and criminogenic than women, and so tend to
be incarcerated more. This is particularly the case if they are also young, indigenous
or from an ethnic minority.8
9
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