2014
Abstract
This study explored the experiences that a group of Latin American women living in London had with the Criminal Justice System after approaching it as victims of domestic violence. It also explored these women’s views of restorative justice and its appropriateness to deal with cases of domestic violence.
Since this an area that has not received any attention yet, thematic analysis was the method chosen due to its flexibility of allowing working in an inductive, bottom-up way. Seven women were contacted through a specialist Latin American organisation and interviewed in its premises in London in 2013.
Participants faced several barriers before calling the police, however most of them reported the violence. The responses they obtained ranged from effective to indifferent and aggressive, what indicates the inconsistencies in the way the police forces respond to domestic violence calls. Participants would have chosen restorative justice in their personal cases, alone or together with a criminal process, however they identified its limitations in cases of domestic violence if it is applied in its general format and not adjusted to the specificity of this type of crime.
The results of this study mirror what previous research has already found in relation to domestic violence with immigrant and non-immigrant groups of women. They all find barriers to reporting and seeking justice, however Latin American women found specific difficulties that are related to their immigrant status. What participants have pointed out about the benefits and challenges of using restorative justice for cases of domestic violence mirror academics’ arguments and projects evaluations in the field.
Introduction
Within London Latin Americans are a growing ethnic minority population; however they have been until recently an invisible ethnic minority, mainly due to a lack of research and problems with the collection of statistical data (McIlwaine, Cock & Linneker, 2010). The first research on Latin Americans living in London found that: “The picture that emerges is of a young, highly educated community with many people facing significant challenges associated with low paid job and multiple barriers to integration” (McIlwaine et al., p. 9, 2010).
Latin American women face these and other challenges and difficulties, including domestic violence, which is sometimes triggered or increased as a result of the migration process (McIlwaine et al., 2010). No figures are available to indicate the prevalence of domestic violence in the Latin American community nor the rates of victims reporting to the police; however research has shown that immigrant women are often in a very vulnerable position due to their legal status; lack of information; limited language skills; and economic barriers (Imkaan, 2013; Rights of Women, 2007). In addition, the Criminal Justice System, with its long and bureaucratic processes, may act as well as another barrier to access justice by appearing intimidating to many women -whether they are from an ethnic minority or not- if they have to seek justice without additional support (Ministry of Justice, 2012). Menjíbar and Salcido (2002), in their international review of the literature on the subject of domestic violence and immigration, have found that ethnic minorities do not have a higher prevalence of domestic violence than the native population. However the effects of domestic violence on these groups can be aggravated by the immigration status.
This research is informed by a feminist approach that considers the intersections of gender, race and class in an attempt to widen the traditional feminist perspective which can sometimes exclude some groups of women from its analysis, such as women from economically disadvantaged ethnic minorities (Sokoloff & Dupont, 2004). Gender inequality is not, in this light, the only explanation for domestic violence. It needs to be understood also in terms of race and class as part of an oppressive structure that translates into lack of institutional support and coercive practices that leave women subject to different levels of personal and institutional violence (Sokoloff & Dupont, 2004). Research on Latin Americans living in London (McIlwaine et al., 2010) has shown that poverty is not uncommon among this population, therefore the relationship between domestic violence and the economic situation of the participants is in the scope of this research paper.
An important aspect of this study is that it is action-orientated, seeking to have a positive impact in the reduction of violence against women. The motivation to pursue this project is not only based in an academic interest, as the researcher has a clear intention of collaborating in the creation of initiatives that could improve women’s lives. It is expected that the findings of this study will be used to raise awareness of this subject and inform policy makers and agencies on how to tailor and shape the provision of services that are offered to Latin American women subject to domestic violence. It is expected that the results of this study can be of help in the implementation of new strategies to deal with domestic violence that can be responsive to the particular needs of this population.
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