Tag: justice

Navigating Gender and Justice: Ideological Dilemmas in Scottish Social Work

Justice social work has long been a field where practitioners navigate a delicate balance between care and control, embedded within inherently gendered practices and structures. The historical association of social work as a “women’s profession” contrasts with the male-dominated spaces of probation and criminal justice interventions. This article explores the findings of a study examining how justice social workers (JSWs) in Scotland perceive and engage with gender in their work, highlighting the ideological dilemmas they encounter and offering a person-centered, intersectional approach as a way forward.

The study, rooted in feminist, intersectional, and post-structural frameworks, reveals that JSWs grapple with tensions surrounding gender neutrality versus the recognition of gender differences. These tensions are reflective of broader societal and institutional structures that influence their practice. Gender is frequently seen through the lens of societal constructs, fluid and diverse, yet often constrained by binary and essentialist narratives in practice.

Historically, justice social work has mirrored societal norms about gender. Early probation officers embodied prevailing ideas about appropriate behaviors for men and women. Male officers predominantly worked with male offenders on issues like theft and violence, while female officers focused on women’s offenses, such as infanticide and prostitution. The women’s liberation movement and subsequent feminist criminology challenged these approaches, advocating for gender-specific responses to women in the justice system. Despite these advances, the sector continues to wrestle with the gendered legacies of its past.

Contemporary justice social work in Scotland operates within a framework emphasizing equality, evidence-based practices, and trauma-informed approaches. The Scottish Government’s “Vision for Justice” outlines principles aimed at creating fairer, person-centered services while acknowledging the historical male-centric design of justice systems. However, the implementation of these principles often places JSWs in a position of reconciling competing discourses around equality and difference.

The study employed mixed methods, including a national survey and focus groups, to uncover how JSWs perceive gender in practice. Responses indicated a wide range of views, from assertions of gender neutrality to recognition of gender-specific needs. Some practitioners dismissed gender as irrelevant, while others acknowledged its significance in specific contexts, such as working with women or addressing offenses like domestic violence and sexual assault. These varied perspectives reveal the complexity of integrating gender into justice social work.

One recurring theme was the role of trauma in shaping gendered approaches. Women in the justice system are often survivors of trauma, leading to calls for gender-responsive practices that address their unique needs. However, the focus on women’s trauma has begun to extend to men, recognizing that many male clients also carry deep-seated trauma. This shift highlights the need for a nuanced understanding of how trauma intersects with gender in shaping offending behaviors and responses.

Another significant dilemma revolved around the suitability of practitioners based on their gender. Discussions emphasized the value of mixed-gender teams, particularly in addressing stereotypically gendered offenses like domestic violence. Yet, these arguments also raised concerns about reinforcing gender stereotypes or implying deficiencies in practitioners based on their gender. Practitioners navigated these dilemmas by framing their arguments around client needs and evidence-based practices, striving to balance gender-specific considerations with broader principles of equality.

The findings underscore the persistent challenges of addressing gender in justice social work. While some practitioners advocate for gender-neutral approaches, others highlight the importance of acknowledging gender differences to provide effective, equitable services. The study’s use of discourse analysis illuminated how JSWs construct and negotiate these positions, often reflecting broader ideological tensions within the field.

Moving forward, the article advocates for a person-centered, intersectional approach to gender in justice social work. Such an approach recognizes the multiplicity of factors shaping individuals’ experiences and identities, moving beyond binary and essentialist narratives. Intersectionality, as defined by Patricia Hill Collins, emphasizes the interplay of race, class, gender, and other social factors in constructing complex inequalities. By applying this lens, practitioners can better address the diverse needs of clients and navigate the tensions inherent in gendered practices.

Additionally, the integration of care ethics alongside principles of justice offers a pathway for more holistic, inclusive practices. Care ethics emphasizes the importance of tailoring interventions to meet individuals’ unique needs while recognizing the broader social and power dynamics at play. This perspective aligns with the profession’s commitment to social justice, providing a framework for addressing the enduring conflicts within justice social work.

Ultimately, the article calls for creating deliberative spaces where practitioners can reflect on and engage with the complexities of gender in their work. Such spaces are essential for fostering dialogue, learning, and innovation, enabling the profession to advance its commitment to equality and social justice. By embracing a person-centered, intersectional approach and integrating care ethics, justice social work can navigate its ideological dilemmas and contribute to more equitable and effective practices.

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Victim-Survivors of rape don’t feel justice has been met, even if the accused goes to prison

The Scottish criminal justice process leaves those who have reported a rape or serious sexual assault feeling marginalised and with little control regardless of their case’s outcome, a new study has found.

Researchers from the Scottish Centre for Crime and Justice Research at the University of Glasgow interviewed victim-survivors who have navigated their way through the system to try and understand their ‘justice journey’.

While some positive experiences were identified, such as support provided through advocacy services and sensitivity shown by some specialist criminal justice professionals, victim-survivors also highlighted the lengthy duration of the process, administrative errors and poor communication from the police and courts. Other issues such the physical environments in which statements are given, the removal and non-return of personal possessions for evidential purposes, and in particular, being subjected to distressing questioning at trial, were also raised as significant points of concern.

Most notably none of the 17 victim-survivors, including those whose cases had resulted in a guilty verdict, believed that justice has been achieved.

The cumulative impacts of their experience of sexual violence and going through the criminal justice process led to victim survivors feeling their relationships with family had become strained, their health had deteriorated, including suffering night terrors, suicidal thoughts, depression, anxiety and post-traumatic stress.

Beth said: “…it was three years of re-traumatisation.” Helen felt it had “totally destroyed everything”, while Lottie said she “didn’t know how to live for 18 months.”

Overall, the findings suggest there is a considerable gap between how victim-survivors anticipate their case will be treated and the reality of the criminal justice process. Victim-survivors felt that the criminal justice system is weighted in favour of the accused and that it does not adequately represent their interests.

Dr Oona Brooks-Hay who co-authored the report with Prof Michele Burman and Dr Lisa Bradley said she hoped the research findings would push for real change across the criminal justice system to address the significant concerns raised around how victim-survivors are informed, supported and represented.

Dr Brooks-Hay said: “There is a pressing need to look at how the criminal justice process can be reformed to meet the needs of victim-survivors who have had the courage to engage with the system.

“While our research reveals that some relatively minor practical changes could go a long way to improving experiences, more radical change such as the introduction of independent legal representation in serious sexual offence cases, must be given serious consideration. Sexual offences have profound and distinctive impacts, and therefore merit distinctive responses.”

The recommendations are far ranging across the whole of the criminal justice process, and include specialised sexual assault training for all police officers, early access to support from specialist agencies, better protection at court to avoid meeting the accused and his family. The recommendations also call for a review of the nature and manner of questioning in the court that infringes on the victim-survivors’ right to dignity and privacy, and which was found to be a significant source of distress.

In their own words;

On giving evidence
Pippa: “…when I say you’ve been raped before, it feels the exact same way when you’re sitting in that courtroom, you have nothing, like you literally are stripped bare of everything and don’t have any control over it. You have not had any say in this, all you have told them is like your story and they just go and do what they want with it.”

Receiving court support from an Advocacy Worker
Beth: “I don’t know if I could have had the courage to say what I did without, because she [Advocacy Worker] gave me courage. Because I knew someone had my back.”

On communication and administration
Debbie: “The administration from the criminal justice or whoever deals with it, the Crown Office, was shocking. A lot of letters were to the wrong names, to the wrong address, just the mail correspondence thing was shocking.”

On the police investigation
Nat: “…[the police officer is] a hero […] To have someone listen to you, after all of that time, and take the little bits that you’re giving them, and not to dismiss them, but to actually then go off and do something about it.”

Uncertainty and delays
Lottie:” I didn’t know how to live for 18 months. I didn’t know, you know, do I just forget about it, but then it has to be all dragged back up again, or do I just live my life on pause?”

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