Beyond Women’s Voices: Towards a Victim-Survivor-Centred Theory of Listening in Law Reform on Violence Against Women

Abstract

Australia is witnessing a political, social and cultural renaissance of public debate regarding violence against women, particularly in relation to domestic and family violence (DFV), sexual assault and sexual harassment. Women's voices calling for law reform are central to that renaissance, as they have been to feminist law reform dating back to nineteenth-century campaigns for property and suffrage rights. Although feminist research has explored women’s voices, speaking out and storytelling to highlight the exclusions and limitations of the legal and criminal justice systems in responding to women’s experience, less attention has been paid to how women's voices are elicited, received and listened to, and the forms of response they have received. We argue that three recent public inquiries in Australia reveal an urgent need for a victim-survivor-centred theory of listening to women’s voices in law reform seeking to address violence against women. We offer a nascent theory of a victim-survivor-centred approach grounded in openness, receptivity, attentiveness and responsiveness, and argue that in each of our case studies, law reform actors failed to adequately listen to women by silencing and refusing to listen to them; by hearing them but failing to be open, receptive and attentive; and by selectively hearing and resisting transformation. We argue that these inquiries signal an acute need for attention to the dynamics of listening in law reform processes, and conclude that a victim-survivor-centred theory of listening is a critical foundation for meaningful change to address violence against women.

Gender-Based Violence and Carceral Feminism in Australia: Towards Decarceral Approaches

“…As mentioned in the introduction, Australia has witnessed a renaissance of law and policy reforms as well as public inquiries seeking to investigate and address the harms of gender-based violence (Ailwood et al 2023). These include the Victorian Royal Commission into Domestic and Family Violence, and in 2014, the State of Victoria reformed the definition of consent within the Crimes Amendment Act.…”

“…Over the last decade, there has been a renaissance of feminist activism in Australia seeking to draw attention to the prevalence of gender-based violence and the continued failings in law and policy reform to address the harms of gender-based violence (Ailwood et al 2023). By law and policy reforms addressing 'gender-based violence', we are referring to inquiries investigating responses to domestic and family violence 1 , rape and sexual assault, and sexual harassment in adulthood.…”

“…2 The recent gender-based violence law and policy reforms have been driven by several factors, including the high-profile murders of mostly white Australian women by their current or former partners, activism driven by survivors, and global social movements (e.g., #MeToo). These recent inquiries also build on decades of feminist-led activism and reform, seeking to draw attention to the prevalence and lack of support to address and prevent gender-based violence in Australia (Ailwood et al 2023).…”

“…The symbolic power of criminal-legal recognition of gender-based violence is invaluable; however, these long-standing efforts to use law and criminal justice reform as a mechanism for addressing gender-based violence in Australia have persistently failed to adequately listen to survivors, advocates and activists about what gender-based violence is, and how it can be responded to and prevented (Ailwood et al 2023). Moreover, they fail to interrogate and challenge neocolonial attitudes and violence when it comes to justice (Deslandes et al 2022;Cunneen et al 2023;Cripps 2023).…”

Lived experiences at the intersection: Understanding the overlap of family violence and mental health for victim-survivors and consumers in Victoria, Australia

“…The capacity and reform needs of systems to respond effectively to lived experience evidence are also critical for understanding the limitations constraining reform and change. Ailwood et al (2022, p. 217) discuss key limitations in the legal and criminal justice systems and the failure to truly listen to victim-survivor voices and stress the importance of a “victim-survivor-centred theory of listening” that is not yet embedded in the sector. Experiential expertise and the voices of consumers and victim-survivors are essential for meaningful reform and change, but this expertise needs further and more in-depth consideration of how to hold appropriate space for it.…”