10
Gender and Security Toolkit
Ê Assumptions about men being less natural caregivers mean that they are assigned
custody of their children less frequently than women.9
Ê Assumptions about male strength mean that many societies do not have referral or
support mechanisms for male victims of GBV, deterring reporting.10
Ê Assumptions about appropriate behaviour for girls and women lead to victims of GBV
being considered to be in some way blameworthy. Fear of how they will be treated
in court or expectation that the defendant will be acquitted deters victims/survivors
from pursuing justice, resulting in widespread impunity for GBV crimes.
Ê More broadly, what constitutes “a good mother”, “a good wife” or “a well-behaved
woman” can be the subject of considerable attention during legal proceedings. These
expectations can disadvantage those who do not fit mainstream gender stereotypes,
assigning blame or detracting from the credibility of her statements. For instance,
research conducted in Bosnia and Herzegovina (BiH) and the United States has shown
that sentencing of perpetrators of domestic violence is often influenced by factors
such as whether their victims are regarded as argumentative or “difficult”.11
Integrating a gender perspective in the justice sector challenges these types of gendered
assumptions about men and women, masculinities and femininities.
Image: A public awareness
campaign highlighting that
men, as well as women, can be
victims of domestic violence
© San Diego County District
Attorney’s Office.
Alongside gender bias, lack of knowledge about crimes with specific gender dimensions
also undermines justice. If judges and prosecutors are unfamiliar with the dynamics of
GBV crimes and the effects that GBV has on victims beyond the purely physical, they may
misinterpret a victim’s actions or demeanour as an indicator that they lack credibility. For
instance, women often find it hard to report crimes involving GBV and, if they do, may
resist testifying in court. Women victims of domestic violence may sometimes recant
their testimony, as a way of managing the situation the best they can, or because they are
pressured by the perpetrator’s family members. As with victims of all crimes, victims of GBV
often find it challenging to recall details of an incident or may make somewhat different
statements at different times. Judges and prosecutors need to be knowledgeable about the
effects of crimes as well as the linkages between memory and trauma to avoid miscarriages
of justice.
LGBTI people and others of diverse sexual orientations and gender identities or
gender expressions*
LGBTI people and others of diverse sexual orientations and gender identities and expressions
often face particular forms of discrimination, exploitation, abuse and violence, or are denied
equal access to the law and equal treatment within the criminal justice system.
* Gender, gender roles, gender
stereotypes, masculinities
and femininities, and diverse
sexual orientation, gender
identity and expression are
discussed in more depth in
Tool 1.
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