‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

Antonsdóttir, Hildur Fjóla

doi:10.1007/s10691-018-9386-z

Cited by 20 publications

(34 citation statements)

References 20 publications

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“…Much of this research focuses on the Anglo-American context (Campbell, 2006;Kelly et al, 2005;Martin & Powell, 1994;McGlynn et al, 2017;McMillan & Thomas, 2013). While there has also been work dedicated to the criminal justice process for victim-survivors in the Nordic countries, further attention to the problem is needed (Andersson, 2004;Andersson & Edgren, 2018;Antonsdóttir, 2018;Edgren, 2019;Laugerud, 2020).…”

Section: Secondary Victimization and The Criminal Justice Systemmentioning

confidence: 99%

The ‘lottery’ of rape reporting: Secondary victimization and Swedish criminal justice professionals

Carroll

2021

Nordic Journal of Criminology

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Research has established the possibility for rape victim-survivors to experience secondary victimization as a result of encounters with the criminal justice system. However, most of this work is based in Anglo-American countries, with less attention to the issue in the Nordic context. In this article, I report on in-depth interviews with Swedish criminal justice professionals and their perspective on investigating and processing sexual violence cases, as well as interviews with professionals who work directly with rape victimsurvivors and their external evaluations of the criminal justice system. While there is a general awareness of the need for an empathetic and sensitive response from police officers and support from the victim's legal counsel, in practice, the process can be a 'lottery' for victim-survivors: while some individual police officers and lawyers are dedicated to victim-centred encounters, others are dismissive or hostile. I discuss policy initiatives, including training, specialization, and required competencies, that institutionalize and standardize victim-centred practices to promote a supportive environment for all sexual violence victim-survivors in the Swedish criminal justice system.

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Section: Secondary Victimization and The Criminal Justice Systemmentioning

confidence: 99%

The ‘lottery’ of rape reporting: Secondary victimization and Swedish criminal justice professionals

Carroll

2021

Nordic Journal of Criminology

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“…Additionally, criminalisation as a means to achieve gender equality has met with several challenges, such as a collision with the patriarchal structure and character of the criminal legal system (Burman 2010). One example of this is that the criminal legal system has been unable or unwilling to recognise women's justice interests (Vera-Grey and Fileborn 2017;McGlynn 2011), gendered stereotypes that negatively affect women, especially victims of sexual crimes (such as rape myths and secondary victimisation) (Andersson 2004;Finch and Munro 2005;Temkin et al 2018;Antonsdottir 2018) and discriminatory practices (Burman 2010;Bumiller 2009). On the other hand, criminal law is emphasised as an important tool in the work against men's violence against women (Niemi-Kiesiläinen 2006;Burman 2010).…”

Section: General Issues On Criminal Legal Protection Against Online Sexist Abusementioning

confidence: 99%

Silenced Voices

Bladini¹

2021

Nord J Law Soc

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In this article I examine from a legal point of view some of the consequences for women, and hence for society in general, of online sexist and misogynist abuse in a Swedish context. I argue that one effect is that women’s living space online is demarcated and ultimately, that it threatens women’s possibilities to participate in public debate online. An everyday life perspective and the continuum of sexual violence, both part of a feminist legal perspective, are used as a theoretical framework to show how online abuse is silencing women. The situation demands action from the state, in order to safeguard freedom of expression and, consequently, democracy. I argue that in this particular situation, two basic aspects of freedom of expression collide: the one most emphasised, the prohibition of censorship, and the less acknowledged aspect, i.e. a diversity of voices. Deficient ways to handle sexist and misogynist online abuse leads to indirect censorship where women’s voices are silenced. Hence, the state must take action not to fail to guarantee justice for all. There are many initiatives addressing problems of online abuse, both internationally and nationally. In this article I seek to capture and examine the Swedish policy and legal regulation (criminal law and freedom of expression) in this area to sketch the legal situation, to highlight ongoing initiatives and pointing out lacunas and obstacles that needs to be dealt with to guarantee a diversity of voices.

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“…Research on how victim-survivors of sexual violence understand and experience justice is limited, although there are important exceptions (Herman 2005;Jülich 2006;Holder 2015;Clark 2015;McGlynn et al 2017;Jülich and Landon 2017;Antonsdóttir 2018;McGlynn and Westmarland 2019).…”

Section: Survivor-centred Justicementioning

confidence: 99%

Compensation as a means to justice? Sexual violence survivors’ views on the tort law option in Iceland

Antonsdóttir

2020

Fem Leg Stud

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Limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on interviews with 35 victim-survivors of sexual violence in Iceland, this study asks: How do victim-survivors understand monetary compensation? How can tort law meet victim-survivors’ justice interests? The findings suggest that in addition to the financial risk involved, most participants had ambivalent views towards pursuing and receiving monetary compensation. Many thought that, given their often extensive pecuniary and non-pecuniary losses, it was only fair to receive compensation; but at the same time, they did not want to accept ‘dirty money’ they considered that pursuing monetary compensation could undermine their credibility, and monetary compensation only partially aligned with their ideas about justice. The findings are interpreted in the context of tort law theory, taboo trade-offs and survivor-centred justice. It is suggested that state intervention is needed to better meet victim-survivors’ justice interests.

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‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

Cited by 20 publications

References 20 publications

The ‘lottery’ of rape reporting: Secondary victimization and Swedish criminal justice professionals

The ‘lottery’ of rape reporting: Secondary victimization and Swedish criminal justice professionals

Silenced Voices

Compensation as a means to justice? Sexual violence survivors’ views on the tort law option in Iceland

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