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Violence against women
Significant changes have taken place over the past
couple of decades, impacting on the position of women in society. Some
commentators even claim that these mean that gender equality has been
achieved. However, as ELEANOR DONNE reports, domestic violence, which is
usually targeted against women, remains prevalent, and is linked to the
roles that women play in capitalist society.
THE HORRIFIC ATTACK on Abigail Witchall last year,
knifed and left for dead by a stranger in a country lane, understandably
captured media headlines for days, with journalists questioning how such
a thing could happen in the �safest county in England�. In fact, the
place where a woman is most at risk from violence, rape or even murder,
whether in the leafy �home counties� or the inner city, is in her own
home. Her attacker is less likely to be a stranger then someone she
knows, most often her husband/partner or ex-husband/partner.
Home Office statistics show that around two women a
week are killed by their partner. Whilst more men overall are victims of
murder, the vast majority of them are killed by other men, either
strangers or acquaintances. Only 8% of male murder victims are killed by
their partner and in most of these cases the woman has experienced
violence and kills out of fear or in self-defence.
Domestic violence (abuse of a partner/ex-partner,
sometimes called �interpersonal violence�) is not something which only
happens with a few �dysfunctional� couples or families. Recent surveys
show that around one third of women in the UK experience abuse from a
partner/ex-partner at some point in their life. It accounts for a
quarter of all violent crime and, according to recent Amnesty
International research, costs �5.8 billion a year to the criminal
justice system, health and social services, local authority housing and
loss to the economy through time off work.
Domestic violence does not just happen in
working-class families. Perpetrators and victims come from many
different backgrounds. Men give lots of reasons for their violence:
financial difficulties, jealousy, alcohol, �nagging�, pressure of work.
Any of these or something else could be a trigger but, fundamentally,
the purpose of the violence or threats is to exert power over their
partner and control what they do. The feeling that such power is
legitimate is rooted in ideas about man being at the head of the family,
and is reinforced by evidence of women�s lower status in society.
Most of us think of our family in terms of personal
relationships, our loved ones. However, the family developed as an
economic and social institution to serve the interests of a system based
on private property. It became a means to pass on and consolidate wealth
(for example, through property) and as a unit of control, with built-in
authority for the man as head of the household (sometimes called the
patriarchal family).
There was nothing natural about such inequality nor
is it the case that men were inherently violent in early societies which
existed for thousands of years. This model of the family was to serve
the interests of a rising wealthy class, which imposed its laws and
ideology on the whole of society. Women and children became the property
of their husbands and could be �chastised� accordingly. Up until the
turn of the 20th century it was legal to beat your wife and, incredibly,
it was only in 1991 that the Law Lords ruled that rape within marriage
was a crime.
Abuse also happens in same-sex relationships, as gay
men are not immune from the conditioning of their childhood and society
as a whole. Although less common, it does occur in lesbian couples
because the use of violence is not a biological urge caused by too many
male hormones, but a socially constructed means of exerting power and
control within a relationship.
Social changes
THERE IS NO doubt that domestic violence is much
more publicly acknowledged than in the past, with TV soaps falling over
themselves to include story lines about the issue. This is because over
the past 20-25 years there have been significant changes in the position
of women in society. These have led to a growing awareness that issues
such as domestic violence and rape should be seen not just as personal
problems but as social problems for society to deal with. The most
important of these changes has been the big increase in women working
outside the home, including those with young children. Although women
make up the majority of those in part-time, low-paid jobs, going out to
work has allowed them some economic independence and confidence to
challenge traditional ideas about their role in society.
This in turn has led to changes in the family. The
traditional family with male �breadwinner� and wife at home is now a
minority. Divorce rates have increased as access to work or social
security benefits mean that women face less pressure to stay in
relationships that are abusive, or even simply unhappy. There is no
longer the stigma attached to being a lone parent that there was in the
1970s.
This �feminisation� of the workplace came about, not
as a result of a conscious political movement or collective struggle
(which had been important in getting the Equal Pay Act implemented, for
example), but because of the �restructuring� of British capitalism
throughout the 1980s and 1990s from manufacturing to service industries
and from full- to part-time work. However, facilities such as nurseries,
care homes and the NHS fall far short of workers� needs, and it is
working-class women in the main who have to take up the slack.
These attacks were only possible after the defeat of
trade union struggles in the 1980s and the labour and trade union
leaders abandoning any idea of defending the interests of working-class
people. So whilst social attitudes have become generally more
progressive, this process has been uneven and contradictory as political
consciousness has fallen back.
More young women, in particular, expect to have a
good job and financial independence from men than 20 years ago and the
gap between men and women�s pay and opportunities has narrowed for those
under 30 without children. However, if they go on to have kids, that is
when, statistically, inequality at work and in the home increases.
Young women are also generally more confident to
express their sexuality and have higher expectations from relationships.
Yet it is women under 25 who experience the highest levels of domestic
violence. There may be a number of reasons for this, such as changing
partners more often than older women. However, it is possible that there
is a gap between expectation and reality in terms of relationships as
well as career. In a recent Body Shop survey, a majority of women said
that if their partner hit them they would leave straight away. However,
repeat violence is common and the police estimate that on average a
woman is assaulted on 35 occasions before reporting it to them.
Also, sadly, half of the women who had experienced
violence and a quarter of those who have been raped had not told anyone
about this. Although the old stigma about divorce has receded, there may
be different pressures on women not to be a �victim� or admit failure.
As the concept of collective struggle for social change has been off the
agenda for so long, many people have the attitude that it is up to the
individual to �sort themselves out�.
Deep prejudice
LEGAL AND SOCIAL changes have been talked up by some
pundits as a �genderquake�, where women have gained rights at the
expense of men, and it is not possible to argue that women are oppressed
anymore. Some organisations claiming to represent fathers� rights have
even argued that domestic violence is not a �gender-based� crime and
that men are equal victims. This argument is based on some discredited
statistics and is refuted by many others which show that women make up
by far the majority of those suffering more serious assaults, choking,
strangling, and repeated violence. Furthermore, rape and sexual assault
are overwhelmingly gender-based crimes and more than half of rapes are
carried out by the woman�s partner or ex-partner.
Although numbers of women reporting rape to the
police have increased, it is still the most under-reported crime in
Britain. The British Crime Survey (BCS) of 2001 estimated that 47,000
women had been raped in the year 2000 yet fewer than 15% reported their
rape to the police. Eighty percent of reported rapes never get to court,
and of those that do only 5.6% result in a prosecution. In other words,
only a tiny minority of rapists are ever held to account and rape is
regarded as a low risk crime for this reason.
Amnesty International conducted a poll on rape
recently which found that one third of people in Britain think women who
behave �flirtatiously� or are drunk are partly to blame if they are
raped. A quarter feel the same if the woman is wearing �sexy� or
revealing clothes and 20% if she has had a lot of sexual partners.
Although this poll is only a snapshot and may depend on what has been in
the media recently, jury decisions in rape trials seem to indicate the
extent of prejudice and double standards which still exist where men and
women�s sexuality are concerned. Significant numbers of the men and
women polled are, in effect, accepting the reactionary idea that men
cannot control themselves and it is for women to police what they wear
and how they act � otherwise they are �asking for it�.
The government removed some anomalies in the law on
rape in 2003 (Sexual Offences Act) to clarify that you cannot be taken
as giving consent to sex if you are asleep or unconscious (!) or did not
have the �freedom and capacity� to consent, and to put the onus on the
accused rapist to prove that you consented. Defence lawyers are also no
longer supposed to question the woman about her sexual history without
asking the judge first. However, lawyers, judges and juries are not
immune from the prejudices in wider society. This, combined with a Crown
Prosecution Service that has not got the resources to prepare every case
fully, means that women are rightly fearful that they still will not get
a fair hearing.
Campaign against domestic violence
AMNESTY INTERNATIONAL, the TUC and Refuge have
launched a �Stop Violence against Women� campaign aiming to highlight
sexual violence in particular. This is a welcome initiative as
rape/sexual violence and sexual harassment are widespread social
problems and the trade unions in particular could play a vital role in
campaigning for resources for rape crisis services, raising awareness,
challenging stereotypes about rapists and rape victims, and combating
sexual harassment particularly at work. When members of the Socialist
Party (then called Militant Labour) initiated the Campaign Against
Domestic Violence in 1991 and took the campaign into the trade unions,
very few had a policy on domestic violence. Our members, especially in
public-sector unions, played a key role in getting domestic violence
discussed in the trade unions, raising concrete demands for workers and
users of public services but, just as vitally, raising the political
perspective of changing society to end inequality and oppression.
When New Labour was first elected in 1997 many
working in domestic violence support services had expectations that it
would be better then the Tories - with all those women MPs, surely it
would take this issue more seriously. However, after nearly nine years
in office it has failed to provide even the basic protection of a refuge
or safe house for all women and children who need it. In 2000, a survey,
A Day to Count, found that nearly 300 women in the UK on one day who
needed a refuge place, could not get one. There are currently around 400
refuges in Britain, less than half the number needed. These are facing
further financial difficulty as under new funding arrangements they will
have to compete with support services for the elderly and vulnerable.
Women are spending longer in cramped refuges and temporary accommodation
because of the government�s continuing privatisation of council housing
stock and failure to build affordable social housing.
In 2004, the government passed the Domestic Violence
Crimes and Victims Act (see box). The spin on the act was that it was
�getting tough on abusers� - increasing police powers of arrest, and
criminalising those who breach court orders. This chimes with New
Labour�s general ideology on crime and anti-social behaviour � and
Liberty and the Law Society raised concerns that criminalising people in
this way is unjustified and that the change would not be effective. They
have argued that it could put victims off applying for orders and that
magistrates� courts are inadequately resourced and trained to deal with
breaches of orders. Women�s Aid supported the changes, citing lack of
enforcement of breached orders under the previous system, with one
refuge worker saying that a civil order was at times no more use than an
Asda till receipt.
The jury is still out on whether measures in the act
will be effective. But the biggest problem was not necessarily the law
itself but failure by police, courts and even family lawyers to use the
legal powers they already had, due to ignorance, prejudice and lack of
resources. Of the cases the police deal with, which tend to be the more
serious assaults, only about one in five results in the perpetrator
being charged with a crime. Of these, only 11% are convicted. Where
police have been more pro-active, arresting and removing the perpetrator
of the violence, gathering evidence, even just taking a photograph of
the victim�s injuries, this has been effective in reducing repeat
attacks and getting successful prosecutions under criminal law.
Another huge barrier to justice for those
experiencing domestic violence is lack of access to legal aid. Liberty
reports that the average cost of seeking a non-molestation order
privately is �2,000. Yet the legal aid threshold is set so low that
those working full time, even on low wages, are unlikely to qualify and
changes to legal aid funding under New Labour have driven down the
numbers of family solicitors taking on legal aid work.
Self defence/provocation
IT IS RARE for a woman to kill her partner, but of
the small numbers who do, the majority have suffered longstanding and
often extreme violence at the hands of that partner. Yet the laws on
self-defence and provocation (to reduce a charge from murder to
manslaughter) have been woefully inadequate for women in this position.
At long last, the government has issued new sentencing guidelines for
manslaughter, under which the experience of or fear of violence will be
more of a defence than anger or sexual jealousy. These will only be
effective if funding is made available to train judges, barristers and
court staff, however, and have come too late for many women, like Kate
Keaveney, currently serving life sentences. We are calling on the Home
Secretary to carry out reviews of all cases of women in prison for
manslaughter or murder where they experienced domestic violence.
New Labour has shown on this issue, as all others,
that it is an advocate for capitalism above all else. Whilst formally in
favour of gender equality and against violence in the family, it is
pursuing economic policies which make it harder, especially for
working-class women, to leave violent relationships. Domestic violence
is not a class issue in the sense that perpetrators and victims come
from all layers of society not just one class. But working-class women
often face additional obstacles in trying to leave a violent partner
because of lack of money, and having to rely on a dwindling stock of
council accommodation. Tony Blair and some in the cabinet are
self-confessed conservatives on �the family� and even considered making
divorce more difficult until their focus groups told them how
universally unpopular this proposal would be. Even aside from their
personal views, New Labour is committed to the bourgeois family because
it is essential to capitalism. To drive down the �social wage� and
maximise profits, the government, on behalf of big business, needs to
offload what were previously state responsibilities onto individual
families and use ideology about �rights and responsibilities� to justify
this.
Women may have achieved formal equality in terms of
legal rights but for the majority this has clearly not brought actual
equality in the workplace, or the home. Even those women who have
succeeded in economic terms, breaking into higher-paid, skilled, �male�
careers, are not immune from other aspects of women�s oppression: sexual
harassment, pressure from the �beauty industry� and advertising, and the
greatly increased porn and sex industry which objectify and exploit
women�s bodies. The prevalence of domestic violence and rape are an even
clearer indictment of the present system. Ending oppression is about
more than passing laws, it requires fundamental changes in the way
society is structured. This in turn requires a conscious movement of the
working class, women and men - drawing in layers of the middle class �
to get rid of the current system based on exploitation, hierarchies and
inequality. On issues such as domestic violence and rape, which affect
women of all classes, there is potential for working-class and
middle-class women to campaign together. However, if these campaigns are
to be far-reaching and effective, they must link in to the wider
struggle of workers� organisations to change society.
The political landscape is changing, with sections
of the working class prepared to take strike action on pay and
conditions. Women are at the forefront of the current battles over
public-sector pensions and Department of Work and Pensions job cuts.
Historically, when women have moved into action on workplace issues they
start to recognise and challenge discrimination which affects them as
women as well as workers. Collective action in itself can raise
consciousness, and give confidence to working-class women. It will give
impetus to the call for a political party to represent the working
class, and in particular working-class women, who need a party which
will campaign for women�s refuges and to defend council housing, and
speak out against discrimination.
Domestic Violence, Crimes and Victim Act 2004 � main points
Breach of a non-molestation order a criminal
offence.
Extending non-molestation orders and occupation
orders to same-sex couples and couples who have never lived together.
New powers to criminal courts to issue �stay away�
orders against alleged perpetrators pending trial or even if not
convicted of a criminal offence.
Common assault to be an arrestable offence.
Domestic violence victims to have the option of
giving evidence via video link or behind a screen and reporting
restrictions in court.
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