Criminal justice system 'institutionally sexist' finds new report

Fawcett Society press release, 13.5.09

A new report published today by the Fawcett Society’s Commission on Women and the Criminal Justice System (1) finds widespread discrimination in practices and attitudes towards women across the criminal justice system. (2) The Macpherson report demonstrated how institutional racism was affecting criminal justice agencies. (3) Today’s report places institutional sexism firmly on the agenda.

The report published today finds that there has been no consistent progress over five years in promoting women into senior positions and women victims and offenders continue to be marginalised in a justice system designed for men. Institutional sexism is apparent even in the day-to-day operation of criminal justice agencies. For example, in some police forces, women are issued with the same uniform as men, measured by collar size with no allowance for the female body shape.

Commenting on the report, Baroness Jean Corston, Chair of Fawcett’s Commission on Women and the Criminal Justice System, said:

“Workplace practices and attitudes in the justice system are frequently failing to take into account the different needs of women. The police uniform in some forces is a telling example – designed for men by men, just like the criminal justice system.”

Sharon Smee, Justice Policy Officer at the Fawcett Society added:
 
“Women need justice and justice needs women. A greater representation of women, particularly in high level positions is crucial to make the criminal justice system responsive to women’s reality. There is no excuse. Other countries are drawing on the skills of women. It is time our justice system stepped up.”

The report reveals that although there has been some progress since the Commission began its work in 2003, a gap remains between policy and implementation. The failure to target institutional sexism has resulted in a system which:

• Does not address the causes of women’s offending with the result that too many women continue to be imprisoned on short sentences for non-violent crime;

• Fails to provide female victims of violence with support, safety and justice; and

• Creates a glass ceiling for women working within the system so that higher positions across the sector remain male dominated.

Baroness Jean Corston said:

“Evidence collected by the Commission has demonstrated that throughout the criminal justice system female offenders, female victims of crime and women workers continue to face discrimination in a system designed for men by men.”

“Sending non-violent, vulnerable women to prison, many of whom who have been the victims of abuse, is not the answer for these women or their children. We welcome the changes introduced by the Government, particularly the end to routine strip searching and the funding announced for community provision for women offenders earlier this year. However, much remains to be done.”

“Attitudes and expectations as to how a ‘proper victim’ should behave continue to shape the criminal justice system response. Women who are victims of violence, particularly sexual violence are often made to feel like the perpetrator rather than the victim. There have been some commendable policy developments, particularly by the Crown Prosecution Service, but practices and attitudes continue to act as a roadblock to effective implementation.”

The report outlines a vision for a future criminal justice system which reflects the skills, needs and experiences of women and sets out key targets to be achieved by 2020. 

When launching the report today the Fawcett Society and the Commission on Women and the Criminal Justice System will call on the Government and criminal justice agencies to review sexist practices and attitudes within the criminal justice sector to ensure that women in the future get a fair deal from the justice system.

Key Statistics:

Female staff

• In 2008, only 12 percent of police officers at Chief Inspector grade and above were women; less than a quarter of prison governors were female and less than one in four prison officers were women. (4)

• Only 15.9 percent of partners in the UK’s ten largest law firms were women in 2008 and there were only 42 female compared to 479 male silks. The number of female applicants for Queen’s Counsel was at its lowest level for ten years. (5)

• In 2008, just over 10 percent of the 109 High Court Judges were women and just 3 out of the 37 Lord Justices of Appeal were women. There is only one female law lord. (6) In contrast, the Supreme Court of Canada is 44 percent female and the High Court of Australia is 43 percent female.

Female victims of crime

• An estimated 3 million women across the UK experience rape and sexual assault, domestic violence, sexual harassment, forced marriage, trafficking, or other forms of violence each year.

• Only 15 percent of serious sexual offences against adults are reported to the police and of the rape offences that are reported only 6.5 percent result in conviction. 

• One in four people still believe that a woman is partially responsible for being raped if she is drunk and one in three think she is partially responsible if she flirted heavily with the man beforehand. (7)

• Over a quarter of local authorities across Britain have no specialised VAW support services. (8)

Female Offenders:

• On 3 April 2009, the female prison population stood at 4,309 compared to a mid-year female prison population of 2,672 in 1997. Population projections released by the Ministry of Justice in January, indicate at best the female prison population may decrease by 200 by 2015, at worst it will increase to 5,100. (9)

• Too many women are being imprisoned for short sentences for non-violent crime, including the non-payment of fines and television licences. In 2007, 63.3 percent of women were sentenced to sentences of six months or less.

• Imprisoning mothers affects children too – almost 18,000 children are separated from their mothers each year. Between April 2005 and July 2008, 283 children were born to women in prison.

• Prison does not address the causes of women’s offending. More than one in three have histories of sexual abuse and over half have been the victims of domestic abuse. (10)

The report and executive summary can be downloaded using the links below.

Notes to editors

(1) The Fawcett Society is the UK’s leading campaign for equality between women and men. Founded in 1866, our vision is of a society in which women and men can enjoy equality at work, at home and in public life. www.fawcettsociety.org.uk

The Fawcett Society’s Commission on Women and the Criminal Justice System was launched in 2002 to look at the way women are treated as victims, offenders and practitioners in the system. For more information see http://www.fawcettsociety.org.uk/index.asp?PageID=81

(2) The final report examines in-depth the work that has been done to improve the criminal justice system for women, as offenders, victims and staff over the previous five years focusing on the key progress and existing problem areas. It also sets out a vision for the future of the criminal justice system - a roadmap of necessary reform to ensure that women in the future get a fair deal from the criminal justice system.

(3) The Stephen Lawrence Inquiry: Report of an Inquiry by Sir William Macpherson of Cluny- http://www.archive.official-documents.co.uk/document/cm42/4262/sli-00.htm

(4) Statistics taken from The Institute for Criminal Policy Research, Statistics on Women and the Criminal Justice System, A Ministry of Justice publication under Section 95 of the Criminal Justice Act 1991, King’s College, London, January 2009.

(5) Statistics from The Lawyer UK 200 Annual Report, September 2008, http://www.thelawyer.com/cgi-bin/item.cgi?id=134440&d=415&h=417&f=416  and http://nds.coi.gov.uk/imagelibrary/detail.asp?MediaDetailsID=265784

(6) Judicial Office Statistics, April 2008 - http://www.judiciary.gov.uk/keyfacts/statistics/women.htm

(7) Home Office, Violence Against Women Opinion Polling, February 2009,  Ipsos Mori, http://www.homeoffice.gov.uk/documents/violence-against-women-poll

(8) Map of Gaps 2: The Postcode Lottery of Violence Against Women support services in Britain, End Violence Against Women and Equality and Human Rights Commission, January 2009, http://www.mapofgaps.org/

(9) Statistics taken from Statistics on Women and the Criminal Justice System, Ministry of Justice, January 2009.

(10) Statistics on women offenders taken from Prison Reform Trust, Bromley Briefings: Prison Factfile, www.prisonreformtrust.co.uk, December 2008.