“WE ARE INVISIBLE” highlighting the need for systemic change

Our report documents the harrowing experiences of minoritized women in the criminal justice system. We aim to generate a nation-wide conversation about the urgency of widespread reform. The discrimination that women suffer, particularly those who are BAME, happens at various stages of their journey as defendants. We cannot focus only on the police, only on the CPS, only on the judiciary, or only on prisons. Each of these pillars of our justice system must be scrutinised and reformed.  Download the report here.

Tackling the judiciary 

Our report clearly identifies the potential that the judiciary has to protect minoritized women more effectively, if reformed. Our survey responses indicated that pre-sentencing reports, which detail the circumstances surrounding the individual’s offence, are not uniformly dealt with by judges, when considering what sentence to impose on a woman. In our report, 9 women stated that domestic abuse, mental health and substance abuse was raised within their pre-sentencing report, but 7 of these women went on to state that their report was not actually read nor considered during their sentencing.

Does this indicate that judges are not routinely trained regarding the harmful cycle of domestic abuse, mental health and racial discrimination which forces vulnerable women into committing offences? Women’s sentences are punitive and fail to take a welfare, community based approach which would help vulnerable woman out of the cycle of abuse and crime.

Our qualitative study featuring Rose, a 48-year-old Black British woman, who killed her partner during a violent argument after suffering domestic abuse is a case in point. At her sentencing, her judge did not take into account any of the hospital records, police reports or injunctions against her partner. He sentenced her to a 12-year Indeterminate Prison Protection, with an 8 year tariff. Ultimately she endured 7 1/2  years in prison, when her legal team had hoped that her experience of domestic violence would allow  for mitigation and that the Court might  take into account all of the circumstances, around her criminal  act.

There is an evidenced and overwhelming need for judges to have regular training on mental health, bias and discrimination and domestic violence. Otherwise, women – especially those who are BAME – facing courts for an offence committed out of abuse and fear, will continue to be sentenced to lengthy prison terms, which are entrenched in a lack of understanding about the insidious effects of domestic abuse.

download the report  here