Women's Justice Leadership Panel: report

3. Introduction

The experiences of women within the justice system are many and varied. A much smaller proportion of women than men come into conflict with the law in Scotland. Women are a minority of those convicted of criminal offences (17% of all convictions in 2019-20)^[1]. Many of the women who come into conflict with the law have also experienced high levels of trauma, violence, abuse and victimisation^[2].

Women also experience crime in different ways^[3]. Women are much more likely to experience sexual victimisation and to be victims of partner abuse, rape and other sexual offences, stalking, domestic abuse, 'honour based' abuse (including female genital mutilation, forced marriage and 'honour' killings), 'revenge porn', 'upskirting', 'spiking', and many others. The scale of such violence is felt across all of society, and by justice organisations.

Evidence highlights that existing justice systems around the world often deny women and their families protection, accountability and reparation, which can lead to impunity for perpetrators and a cyclical pattern of further violation of rights^[4]. Globally, evidence suggests women face additional barriers to obtaining justice in their capacities as claimants, victims, witnesses or when they come in conflict with the law^[5]. This is often driven by institutional, policy, and legislative failure to remove discrimination, gender bias, stereotyping, stigma, indifference, corruption and impunity^[6].

Failure to address these inequalities, through justice systems, perpetuates the harms caused by violence against women and girls. The Scottish Government is determined to challenge and confront this continuum of violence and abuse in all its forms and manifestations, and have committed to a range of policies and initiatives dedicated to this end^[7].

The Vision for Justice in Scotland prioritises better outcomes for women and girls, confirms our commitment to improve access to justice for victims, and places women and children at the heart of service delivery. The National Strategy for Community Justice emphasises the identification of needs and opportunities for support with trauma-informed responses across the justice system, aiming to shift the dial between custody and community in a way that promotes rehabilitation and reduces revictimisation.

Equally Safe, Scotland's Strategy for preventing and eradicating Violence Against Women and Girls (VAWG), acknowledges that women and girls are at an increased risk of violence and abuse precisely because they are female. The Vision for Justice reflects the principles within Equally Safe, acknowledging that VAWG is underpinned by inequality, societal attitudes and structural barriers that perpetuate that inequality.

To further enhance our efforts to develop a justice system that works for women and girls, the Minister for Victims and Community Safety has taken forward a strategic examination of the justice system to support the development of an evidence base and thematic understanding of where gender intersects with the justice system. As part of this process, in January 2022, the Minister brought together a Women's Justice Leadership Panel to consider how a gender informed justice system could better serve the needs of women and girls.

This report is a summary of the discussions and key findings of the Women's Justice Leadership Panel. It aims to summarise the evidence and seeks to promote greater understanding of gender and intersectionality – building the case for intersectional and gendered approaches to policy making across the justice system.