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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