Children, GBV and justice Marianne Hester

What we know Having children doubles women’s risk of domestic abuse Children impacted by living in context of domestic abuse (emotional, physical, sexual abuse, health and behaviour impacts etc) Same perpetrator likely to abuse both mother and children Having children directly affects decisions women make to leave or stay in an abusive relationship Having children – less likely for domestic abuse case to progress through CJS (Justice Project, Radford & Hester 2006, 2015; Hester 2006; Hester et al., 2007)

What we found – various barriers to justice For example: Professionals focusing on children’s behaviour and ‘symptoms’, not perpetrator’s GBV contradiction - between child protection and child contact (067) child protection incorporating contact presumption (014) Victims-survivors concerned about contesting perpetrator’s contact with children – worried about being accused of parental alienation (027, 029)

Focus on children’s behaviour and ‘symptoms’, not GBV by perpetrator And then [son] started to go off the rails a bit. He started to run away, mainly cos he was too frightened to go home, he started to take drugs and drink, get into trouble with the police quite a lot. All this just made his dad more violent then. One of their friends rang Childline about it and social services came, they interviewed me and [perpetrator] together. Social services focused on what parents wanted to do about children’s behaviour.. BUT actual problem was dad/perpetrator Focus on children’s behaviour and ‘symptoms’, not GBV by perpetrator

Impact on children of no CJS justice Following many years of physical and sexual abuse of mother and emotional/physical abuse of children How am I going to go home and tell my children that he’s got away with everything? How do I explain to them that the legal system’s saying what he’s done is fine? How? Yeah it was pretty hard. I mean the police had always been really good. I mean even when they told me this they were saying it’s not that we don’t believe you, we do, just all boils down to money, and if the CPS think that they’re not going to get a definite conviction then they won’t spend the money on it. Impact on children of no CJS justice

Impact on children ignored V-S left perpetrator when children were 4 & 6. Got non molestation and non-occupation orders. CAHMS saw children and told her not to let perpetrator near them or social services would get involved. Family court ordered supervised contact, and that whole family be assessed by psychologist (did not appear to use CAHMS report). Children don’t want to see dad, very traumatic. Impact on children ignored

Protection/ contact contradiction - normalised He would get angry. Very verbally abusive, .. lock me in the house and take the house phone. Take the TV remotes, take my phone, and just keep me in the house. And then I thought the kids can’t see any of this anymore … I got a non molestation order and I got a child protection order as well. Basically he was not allowed within 100 yards of me, and the children  were in my care … mine and my family’s. Then he went for child contact. Cross examined me in court. Told that he would see the children every two weeks at a contact centre … at a supported contact centre, not supervised.  (03) Protection/ contact contradiction - normalised

Protection/ contact contradiction V-S left perpetrator with help of police. Children placed on at risk register due to perpetrator’s behaviour against V-S and children Social services insisting that perpetrator sees daughter (aged 8) with V-Ss as ‘supervisor’ Protection/ contact contradiction

What we found – also various enablers to justice Especially: Police Schools Friends What we found – also various enablers to justice

What we found – various enablers to justice Following sexual assault, report to police resulted in children’ services becoming involved, and children’s school. …… Saw that she, and children, were being controlled by perpetrator – Stepford Wife and Stepford Children. Saw through perpetrator’s controlling behaviour in meetings

Justice requires Understanding links between women’s safety and child protection Recognition of impact of domestic abuse on children Recognition that abuse of children may be in context of domestic abuse of mothers Taking child, carer and perpetrator into consideration