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Mallicoat, Women, Gender, and Crime Core Concepts, Second Edition Chapter 5: Gender-Based Violence

Introduction

Common forms of gender-based violence.

Patriarchy and status of women.

Forces affecting victimization experience.

Introduction

Common forms of gender-based violence: human trafficking, femicide, and sexual and gender-based harassment.

Patriarchy and status of women in their communities:

The crimes against women and gender expansive individuals are related to the role of patriarchy and status of women within their communities.

Change is rooted within a shift of gendered normative values and treatment of women in these societies.

Forces affecting victimization experience:

These include patriarchy and cultural context of women’s lives.

These forces can alter how these crimes are viewed by agents of social control and the community. They help determine how (and if) these crimes are reported and any response that may arise.

It can be dangerous to apply a White, male, middle-class, gender-normative, or an “Americanized identity” to these issues.

Human Trafficking (1 of 12)

Forced labor of individuals.

Occurs on an immense scale.

Mostly women.

Challenges in estimating extent.

5.1. Identify the types, causes, and responses to human trafficking.

Human Trafficking

Human trafficking: the exploitation and forced labor of individuals for the purposes of prostitution, domestic servitude, and other forms of involuntary servitude in agricultural and factory industries.

Occurs on an immense scale:

Human trafficking is the world’s second largest criminal activity and the fastest growing criminal enterprise.

International Labor Organization estimates 40.3 million victims of modern slavery globally; includes victims from all 50 states and 127 countries.

The U.S. State Department reports that 600,000 to 820,000 people are trafficked across international borders every year; not including those trafficked within their homelands.

Mostly women: Women and girls are disproportionately impacted, making up 71% of victims.

Challenges in estimating extent:

Victims often do not have access to legal or social services.

Fear of retribution from their traffickers.

Fear or distrust of law enforcement.

Victims may not self identify as being trafficked.

Human Trafficking (2 of 12)

Sex trafficking.

Prevalence of sex trafficking.

Method of manipulating victims.

Reasons for trafficking young minors.

5.1. Identify the types, causes, and responses to human trafficking.

Human Trafficking

Sex trafficking:

Occurs when a commercial act is induced by force, fraud or coercion, or in which the person induced to perform such an act has not attained 18 years of age;

Or the recruitment, harboring, transportation provision, or obtaining a person for labor or services through use of force, fraud or coercion [is] for purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Prevalence of sex trafficking:

Trafficking involves cases within country’s borders as well as transport across international boundaries.

Thailand is a well-known location for sex trafficking from other Asian countries as well as from U.K., South Africa, Czech Republic, Australia, and U.S.

In 2019, 65% of victims in U.S. were victims of sex trafficking.

Method of manipulating victims:

Traffickers prey on their poor economic standing and desires for improving financial status, offering employment, marriage, and travel.

In some cases, women may be kidnapped or abducted, but majority of cases involve lies, deceit, trickery to collect victims.

Reasons for trafficking young minors:

They may be recruited by family friends or community members or intentionally sold into servitude by parents.

Some grew up in foster care system or had a history of emotional and sexual abuse in childhood.

For some, it is an extension of their experiences of survival as a result of running away or being homeless.

Youth who identify as LGBTQ may be at a greater risk for trafficking in these situations.

Human Trafficking (3 of 12)

The lifestyle of the victims.

Struggles of international victims.

Intervention required for escape.

5.1. Identify the types, causes, and responses to human trafficking.

Human Trafficking

The lifestyle of the victims:

The work in a variety of settings such as brothels, strip clubs, and sex clubs.

They may appear in pornographic films, live Internet sex chats, and on the streets where they solicit money in exchange for sexual services.

They become dependent on traffickers for food, shelter, clothing, and safety.

Struggles of international victims:

They may be in a region where they do not speak the language, limiting access to assistance.

There may be a concern for safety of family members; traffickers use threats against loved ones to ensure cooperation.

Girls in brothels are often beaten and threatened to obtain compliance; constantly reminded of the debts they need to work off; most have little contact outside the brothel or with family members.

Intervention required for escape:

While some victims escape on their own, most require intervention of friends, family, police or social workers.

In Nepal, rehabilitation centers provide health and social welfare assistance to victims. Their intent is to return girls to their homes.

Human Trafficking (4 of 12)

Challenges faced by survivors.

Failure of jurisdictions.

Varying laws across the U.S.

5.1. Identify the types, causes, and responses to human trafficking.

Human Trafficking

Challenges faced by survivors:

They may be looked on as damaged goods when they return home and be shunned and stigmatized by society and family members.

Even on disclosing their experiences to family members, they may not be believed. Husbands may accuse wives of marital infidelity, not understanding they were victimized.

Staying silent out of stigma of trafficking can complicate outreach and recovery efforts.

Failure of jurisdictions:

While many countries have criminalized sale and exploitation of humans, many have yet to enact antitrafficking laws.

Some countries may have laws but limited resources or priorities for enforcing them.

Other countries punish victims, often charging them with prostitution when they seek assistance.

Varying laws across the U.S:

New York became first to provide pathway for survivors to clear criminal record of any cases picked up while being trafficked.

Most states now have similar legislation on the books, but the process is often difficult to navigate.

Human Trafficking (5 of 12)

Labor Trafficking

Provision of person for labor.

Gender of victims.

Migration and risk factors.

Debt bondage.

5.1. Identify the types, causes, and responses to human trafficking.

Labor Trafficking

Labor trafficking:

Recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Forced labor generates more than $30 billion annually.

Gender of victims:

Men are more likely to be victims.

Women make up around one-third of victims.

Certain types of labor trafficking, such as domestic servitude, are more likely to have female victims.

Migration and risk factors:

In Southern California, 30% of undocumented workers were victims of labor trafficking. More than half had experienced exploitation and abuse by employers.

In domestic work, recent migration to the area, economic hardship, and housing insecurity are risk factors.

In international settings, temporary migration programs, like guest worker programs, often place individuals at risk for exploitation.

Debt bondage:

Requires victims to pay off a debt through labor.

Debt may be inherited from actions of family members or acquired in response for employment, transportation, and housing or board.

In some cases, debts are so high that it is impossible for the victim to ever depart the situation.

Women are disproportionately presented in these cases.

Human Trafficking (6 of 12)

Labor Trafficking

Control tactics.

Difficulty in identifying forced labor.

5.1. Identify the types, causes, and responses to human trafficking.

Labor Trafficking

Control tactics:

Most common tactic involves withholding pay by employer.

Emotional abuse, excessive working hours, poor working conditions, destruction of legal documents, and denial of basic needs (food, transportation, health care) are other tactics used by labor traffickers.

Difficulty in identifying forced labor:

Many times, cases are hidden within legal forms of employment.

Agencies have limited training on how to identify cases and lack adequate resources to pursue cases.

These jurisdictions tend to lack services targeted for victims of trafficking.

Human Trafficking (7 of 12)

Responses to Human Trafficking

Common themes across jurisdictions.

Trafficking Victims Protection Act of 2000.

T-visa.

Tire ranking system.

5.1. Identify the types, causes, and responses to human trafficking.

Responses to Human Trafficking

Common themes across jurisdictions:

Prosecution of traffickers.

Protection of victims.

Prevention of human trafficking.

Trafficking Victims Protection Act of 2000:

Enacted by Congress in 2000.

Traffickers can be sent to prison for up to 20 years for each victim.

In 2008, Department of Justice got 77 convictions in 40 cases, over two-thirds of which involved sex trafficking.

42 states currently have antitrafficking legislation and are active in identifying offenders and victims.

While this act includes protection and assistance for victims, these provisions are limited (e.g., T-visa).

T-visa:

Under T-visa, victims are eligible for temporary visa, but only 5,000 are available and issuance is limited to “severe forms of trafficking (such as) involving force, fraud or coercion or any trafficking involving a minor.”

Applications for permanent residency are conditional on victim’s participation as witness in a prosecution.

Two years following implementation, only 23 visas had been granted, a far cry from the demand.

Tire ranking system:

The U.S. Department of State assesses efficacy of their policies and practices, ranking countries into 3 tiers to make funding decisions.

Countries who cannot demonstrate they are working to prosecute offenders and protect victims, are classified as Tier 3, to which U.S. provides only humanitarian and trade-related assistance.

Human Trafficking (8 of 12)

Responses to Human Trafficking

Criticisms of tier ranking system.

Prioritizing prosecution over victims.

Limited success of prosecutions.

5.1. Identify the types, causes, and responses to human trafficking.

Responses to Human Trafficking

Criticisms of tier ranking system:

Few policy recommendations implemented as a result of findings of Trafficking in Persons (TIP) Report.

Over past decade, antitrafficking efforts remained stable despite introduction of tier ranking. Country’s efforts may not be enough to impact ranking.

Tier system has not always led to decision making in terms of grant allocation process as intended.

Prioritizing prosecution over victims:

Like TVPA, European Union policies prioritize prosecution of offenders; visas are granted only for purposes of pursuing charges against traffickers.

There is no encouragement by E.U. for states to develop programs to address needs of victims.

Limited success of prosecutions:

Few prosecutions have succeeded in jailing offenders.

Even successful convictions result in short sentences and small fines, which does little to deter offenders from future crimes.

Human Trafficking (9 of 12)

Promising Solutions to End Human Trafficking

Jail the offender and protect victim models.

Protect, do not prosecute victim.

Develop community awareness.

Address social and economic reasons.

5.1. Identify the types, causes, and responses to human trafficking.

Promising Solutions to End Human Trafficking

Jail the offender and protect the victim models: Prioritization is given to the prosecution of offenders over the needs of the victims; however, these models are widely criticized due to their limitations and inability to deter individuals from participating in the offenses.

Protect, do not prosecute victim:

Punishing victims by charging them crimes inhibits additional victims from coming forward out of fear.

Legislation must ensure they will not be prosecuted for actions engaged in as part of their trafficked status.

Victims need to be provided with shelter and care for immediate needs following escape from a trafficker.

Develop community awareness and educational public service campaigns:

Effective media campaign could inform on how to recognize an exploitative situation, avenues for assistance, and long-term planning support like information on immigration.

Can also help educate general public on how traffickers entice victims and on reporting potential victims.

Recent efforts include billboard campaigns, a national hotline, and public service announcements in several languages.

Address social and economic reasons for vulnerability to trafficking:

Poverty and economic instability causes women to migrate from their communities in search of a better life.

Traffickers seek out these women and promise them employment opportunities only to trap them.

Increased understanding of how and why women leave could inform educational campaigns to relay information about dangers of trafficking and provide viable options for legitimate employment and immigration.

Human Trafficking (10 of 12)

Promising Solutions to End Human Trafficking

Prosecute traffickers and who aid them.

Create immigration solutions.

Implement the laws.

5.1. Identify the types, causes, and responses to human trafficking.

Promising Solutions to End Human Trafficking

Prosecute traffickers and those who aid and abet traffickers:

Bribery and corruption in the legal system limits assistance to victims.

Police are known to tip off suspected traffickers, supply false papers, or turn a blind eye.

Police and courts need to eliminate corruption from their ranks.

Agents of justice need to pursue cases in earnest and address flaws within the system.

Create immigration solutions for trafficked persons:

An effective immigration policy can provide victims with legal residency rights and protections and help pursue criminal prosecutions, as effective prosecutions rely heavily on victim testimony.

Victims who are offered visas contingent on their participation in a prosecution run the risk of jeopardizing potential convictions. Defense may argue that promise of residency has encouraged perjured testimony.

Limited opportunities to obtain permanent visa status often involve complex applications and long waiting periods.

Implement the laws:

Laws must be vigorously pursued and enforced.

Convictions need to carry stern and significant financial and incarceration punishments.

Human Trafficking (11 of 12)

Promising Solutions to End Human Trafficking

Pass a federal bill of rights.

Provide funding for legal advocacy.

Create opportunities for financial freedom.

5.1. Identify the types, causes, and responses to human trafficking.

Promising Solutions to End Human Trafficking

Recommendations of Polaris Project (2018):

Pass a federal domestic workers bill of rights: Target overtime work protections, fair working conditions, protection from sexual harassment.

Provide funding for legal advocacy: Recent legislation barred federal agencies from using federal grant funds to represent trafficking victims in cases of criminal record expungement.

Create opportunities for financial freedom: Help survivors set up no or low-fee bank accounts and apply for credit building loans.

Human Trafficking (12 of 12)

Promising Solutions to End Human Trafficking

Develop training programs.

Invest in transitional housing options.

Eliminate the need for migration.

5.1. Identify the types, causes, and responses to human trafficking.

Promising Solutions to End Human Trafficking

Recommendations of Polaris Project (2018):

Develop industry-targeted training programs to help identify and respond to cases of trafficking:

Train employees of hotels, airlines, rental car companies, ride-share, and public transportation on how to recognize signs of trafficking and response/reporting options.

Similar protocols should be developed for health care professionals.

These industries should post information and resources in prominent public areas.

Invest in emergency and transitional housing options for trafficking survivors:

Creating subsidized housing options through government funding and private foundations can help support survivors escape trafficking.

These options can also incorporate trauma-informed services.

Eliminate the need for migration:

Focus on eliminating need for people to migrate to improve their economic condition.

Ecological perspective: Address causes like poverty, economic inequality, dysfunction within family, gender inequality, discrimination, and demand for victims for prostitution and cheap labor.

Trafficking deprives people of human rights, increases global health risks, fuels growing networks of organized crime and can sustain levels of poverty and impede development.

Until these issues are addressed, trafficking will endure.

Gender-Based and Sexual Harassment (1 of 12)

Sexual Harassment

Harassment of a sexual nature.

Perpetuates inequalities against women.

Historical cases of legal enforcement.

Significant social problem.

5.2. Discuss the effects of sexual and gender based harassment.

Sexual Harassment

Sexual harassment:

Unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature.

Can also involve remarks that target a person’s gender or sexual identity.

Perpetuates social inequalities against women:

Catharine MacKinnon argues that sexual harassment “perpetuates the interlocked structure by which women have been kept sexually in thrall to men and at the bottom of the labor market.”

Two forces converge: men’s control over women’s sexuality and capital’s control over employees’ work lives.

Historical cases of legal enforcement:

Began with Barnes v. Costle 1977: Supreme Court held that it is discrimination on the basis of sex for a woman to lose her job because she refused to engage in sexual favors.

Alexander v. Yale 1980: Protests by several female students led to creation of grievance procedures at Yale and college campuses nationwide.

Meritor Savings Bank v. Vinson 1986: Supreme Court held that “sexual harassment is a form of sex discrimination that is actionable under Title VII.”

Significant social problem: The sexual harassment has significant direct and indirect effects on victims’ lives.

Gender-Based and Sexual Harassment (2 of 12)

Sexual Harassment

Avenues of harassment.

Offenders and forum of harassment.

Youth as vulnerable target.

Presents in a variety of ways.

5.2. Discuss the effects of sexual and gender based harassment.

Sexual Harassment

Avenues of harassment: Workplace, education, housing, and public spaces.

Offenders and forum of harassment:

Offenders range from known people to strangers.

New forums of harassment are introduced every day, especially with the Internet.

Youth as vulnerable target: Youths have become a vulnerable target, as peer sexual harassment is a growing problem for adolescents.

Presents in a variety of ways:

Not just verbal comments made of sexual reference or inappropriate physical touching.

Derogatory looks/gestures.

Sharing sexually based jokes/stories; displaying sexually graphic pictures/writings.

Commentary about a person’s clothing, behaviors, or body.

Gender-Based and Sexual Harassment (3 of 12)

Sexual Harassment

Gender-based harassment.

Bostock v. Clayton County, Georgia.

Difficulty in identifying harassment.

5.2. Discuss the effects of sexual and gender based harassment.

Sexual Harassment

Gender-based harassment:

Defined as any hostile or offensive behavior based on someone’s gender or perceived gender-identity.

Includes slurs, taunts, stereotypes, or name calling as well as gender-motivated physical threats, attacks, or other hateful conduct.

Example: undermining someone’s work or denying an educational opportunity because gender.

Bostock v. Clayton County, Georgia:

Supreme Court held that to discriminate against someone because of their sexual or gender identity is the equivalent of discriminating against them based on their sex, a violation of Title VII of the 1964 Civil Rights Act.

Federal law prohibits harassment in workplace for LGBTQ+ individuals based on sexual orientation or gender identity.

Difficulty in identifying harassment:

Many do not acknowledge themselves as victims.

Harassment acts can be easily discarded by both offenders and victims as a minor issue.

Victims are uncertain about how to label their experiences, finding the sexual harassment label too legalistic, political, or combative.

Victims may be confused or embarrassed by the events; blame themselves for causing it; or be in denial.

Myths about sexual harassment suggest that women bring about their own victimization by choosing to work outside the home or in male-dominated occupations.

Gender-Based and Sexual Harassment (4 of 12)

Sexual Harassment

Difficulty in understanding prevalence.

Industry patterns in filing reports.

5.2. Discuss the effects of sexual and gender based harassment.

Sexual Harassment

Difficulty in understanding prevalence:

While the Equal Employment Opportunity Commission (EEOC) provides a definition, this may not represent all cases.

Many victims and perpetrators may not understand what it means to engage in such acts.

Victims may be reluctant to report these incidents, often due to fear or shame.

Industry patterns in filing reports:

Women file majority of cases against male counterparts; this pattern is particularly in male-dominant industries.

EEOC data shows that women are 27.1 times more likely to report harassment than men in an industry that is 91% male.

In transportation and warehouse (men are 76.9% of workforce), women are 10.3 times more likely to file reports than men.

In healthcare and social assistance (men are 21.4% of workforce), reports tend to be made equally by men and women. .

Gender-Based and Sexual Harassment (5 of 12)

Perpetrators of Sexual Harassment

Four offending typologies.

Persistent harassers.

Malicious harassers.

Exploitative harassers.

5.2. Discuss the effects of sexual and gender based harassment.

Perpetrators of Sexual Harassment

Four offending typologies:

Highlighted in research by Lucero, Middleton, Finch, and Valentine.

Persistent, malicious, exploitative, and vulnerable.

Persistent harassers: They enjoy the rejection that they experience from victim’s denial.

Malicious harassers:

This type of harasser shares many of the same characteristics as persistent harasser.

They are quite aggressive in their harassment and experience pleasure by making their victims uncomfortable.

But, they transfer blame for their behavior to victim, saying they provoked the harassment.

Exploitative harassers: Exploitative harassers are those whose position holds power and control over their target.

Gender-Based and Sexual Harassment (6 of 12)

Perpetrators of Sexual Harassment

Vulnerable harassers.

Power player.

Opportunist.

Mother figure.

5.2. Discuss the effects of sexual and gender based harassment.

Perpetrators of Sexual Harassment

Vulnerable harassers:

Vulnerable harassers are whose harassment stems from a desired romantic relationship with their target.

They are significantly different from the other typologies, as they tend to suffer from lower self-esteem.

They focus their attention on a single target and harassment tends to persist over time.

Additional harasser identities:

Power player: quid pro quo harassment where superior threatens victim’s employment status or credibility. Victims can ensure their “safety” by succumbing to perpetrator’s sexual demands.

Opportunist: takes advantage of power differentials to exert the harassment.

Mother figure: seeks to mentor or guide a troubled colleague or student as a way to earn trust and exploit them in times of crisis.

Gender-Based and Sexual Harassment (7 of 12)

Perpetrators of Sexual Harassment

Confidant.

One of the gang.

Comedians.

5.2. Discuss the effects of sexual and gender based harassment.

Perpetrators of Sexual Harassment

Additional harasser identities:

Confidant: seeks to gain trust by sharing similar stories of victimization.

”One of the gang” or “group membership rituals” rely on peer pressure and group acceptance to justify, maintain, and perpetuate sexual harassment.

Victimization becomes a bonding experience between perpetrators.

Being part of a group allows members to diffuse cries from victims deemed to be “overreacting.”

Comedians: engage in such acts because they believe it is entertaining to do so.

Gender-Based and Sexual Harassment (8 of 12)

Workplace Sexual Harassment

Impact on health.

Differentiation by the Supreme Court.

Quid pro quo.

Hostile work environment.

5.2. Discuss the effects of sexual and gender based harassment.

Workplace Sexual Harassment

Impact on health:

Sexual harassment is linked with job-related stress and decreases in personal mental health, job performance, and general job satisfaction.

Research indicates that employees who experience workplace sexual harassment report higher levels of illness, injury, and assault.

Differentiation by the Supreme Court:

The U.S. Supreme Court has distinguished two forms of sexual harassment in the workplace: quid pro quo and hostile work environment.

In both forms, offender’s acts must be severe and pervasive in order to be identified as sexual harassment.

Quid pro quo:

Form of harassment where a power differential exists between the two parties.

Involves tangible examples of employment status. Superior might threaten employee’s employment status if he/she does not engage in sexual conduct.

Hostile work environment: Commentary or attitudes in workplace by coworkers, customers, or supervisors creates an inappropriate, gender-biased, or sexually charged environment that causes discomfort for victim.

Gender-Based and Sexual Harassment (9 of 12)

Workplace Sexual Harassment

Reporting linked to class status.

Protecting women at work.

Difficult to deter by reporting.

Need for training programs.

5.2. Discuss the effects of sexual and gender based harassment.

Workplace Sexual Harassment

Reporting linked to class status:

Working-class individuals may be less likely to report, particularly if faced with limited opportunities outside current employment or have limited experience or training.

They may be more likely to endure harassment rather than deal with perceived ramifications of going public.

Women often have to choose between participating in misogynistic cultures at work or resisting, leaving little chance for growth in their companies.

Data notes that women in supervisory positions report higher rates of harassment. They were 137% more likely to be harassed compared to women not in managerial positions.

Protecting women at work:

Women who experience harassment early in their careers see the effects throughout, with increased financial stress, lower earnings due to job displacement and reduced opportunities.

Training supervisors to be supportive, facilitating work-group solidarity, and creating a supportive work-group culture (aside from implementing explicit policies) can serve as protective factors.

Difficult to deter by reporting:

Some research indicates that reporting harassment may not halt the behavior, as these individuals were 6.5 times more likely to experience subsequent incidents.

These findings indicate that any censure or reprimanding may do little to curb future behaviors of offenders. .

Need for training programs:

Having a policy against sexual harassment alone is not enough for companies to avoid culpability.

Supreme Court has held that corporations may not be liable as long as they provide harassment training prevention programming for employees.

Several state legislatures have recognized the importance of training and have made laws requiring companies to provide this.

California’s law mandates topics for training programs, including federal and state laws, remedies available, applied examples on prevention, and how to prevent retaliation against victims who file complaints.

Gender-Based and Sexual Harassment (10 of 12)

Housing-Related Sexual Harassment

Widespread occurrence in U.S.

Women and poor at greatest risk.

Quid pro quo claim.

5.2. Discuss the effects of sexual and gender based harassment.

Housing-Related Sexual Harassment

Widespread occurrence in U.S.:

Housing-related sexual harassment is a significant issue; rebuffing landlord’s sexual advances have direct consequences on housing status of victims.

From 1988 to 2000, over 8,500 acts were reported to Department of Housing and Urban Development (HUD) and affiliated agencies.

Yet limited research exists on this topic.

Women and poor at greatest risk:

This is because of the unequal distribution of power between landlord and tenant and limited options of affordable housing.

Women with children may be targeted, forced to deal with uncomfortable living situations and offensive landlord-tenant relationships.

Quid pro quo claim: includes cases where a tenant is evicted for refusing sexual advances of landlord or property manager.

Gender-Based and Sexual Harassment (11 of 12)

Housing-Related Sexual Harassment

Claim of hostile environment.

Greater fear than workplace harassment.

5.2. Discuss the effects of sexual and gender based harassment.

Housing-Related Sexual Harassment

Claim of hostile environment: involves significant sexual or derogatory comments by landlord or property manager over time, which creates a hostile residential setting.

Greater fear than workplace harassment:

Home is considered a sanctuary and safe environment. Landlords have access to a residence at any time, day or night, creating safety concerns for women.

Many women endure it because they believe they have no other options. Landlords, aware of their position of power, use it to obtain sexual favors.

Workplace harassment is limited to the workday but women who experience harassment in housing are unable to escape it at the end of the day.

Gender-Based and Sexual Harassment (12 of 12)

Policy Implications

Need to understand problem’s extent.

Need for greater understanding of issue.

Title IX guidance.

Protections needed to support victims.

5.2. Discuss the effects of sexual and gender based harassment.

Gender-Based and Sexual Harassment

Policy Implications

Need to understand problem’s extent:

There is a need for nationally representative data.

Questions regarding sexual harassment should be a regular component of federally funded agencies that engage in research on the workplace, educational system, and social services.

Funding must be made to access data on harassment within high-risk communities, like women who work in male dominated occupations (blue and white-collar positions).

Need for greater understanding of issue:

There is a need for a greater understanding of the issues of sexual harassment for all members of the workforce.

Many college students do not grasp its significant nature or believe it can affect the workplace environment.

Some women acknowledge the possibility of workplace harassment but believe it couldn’t happen to them personally.

Training and education is imperative to effectively combat the risks and prevalence, and should begin during the college career.

Title IX guidance:

Obama administration issued guidance that Title IX prohibited discrimination against LGBTQ+ students. These protections included requirement that campuses provide access to bathrooms matching gender identity.

Trump administration rolled back this guidance, so the Department of Education would be unlikely to provide support for students and families discriminated against due to gender identity.

President Biden’s Executive Order 13988 reinstated and expanded regulations to include prohibitions against discrimination due to gender identity and sexual orientation.

Protections needed to support victims:

Like rape-shield laws and whistleblower protections, victims need protection from potential revictimizations on pursuing claims against employers or institutional organizations.

Consistent enforcement of policies, like in workplaces, is a must. This sends a clear message that such acts will not be tolerated.

The best protection is to create an environment where women are viewed as equal to their male counterparts.

Missing and Murdered Indigenous Women (1 of 2)

Significant issue but underreported.

Institutionalized violence.

Abuse of Indigenous children in schools.

Lasting impact of history.

5.3. Explain the issue of missing and murdered Indigenous women and its effects on First-Nations communities.

Missing and Murdered Indigenous Women

Significant crisis but underreported:

Issue of missing and murdered indigenous women is a humanitarian crisis for Native and First Nations communities.

Yet, it is significantly underreported by mainstream media.

Institutionalized violence:

Indigenous women have experienced high rates of violence and genocide since discovery of lands like the Americas. Rape was a common tool of European settlers to gain control over Native communities and their land.

Such acts were institutionalized by Federal governments in U.S., Canada, Australia, New Zealand through colonization.

Effects of colonization included taking of native lands, development of social, legal, and justice systems that punished traditional cultures, and institutionalization of patriarchy into these communities.

Abuse of Indigenous children in residential schools:

From the late 19th through much of the 20th centuries, these schools run by Christian churches were set up to assimilate Indigenous children into mainstream White culture.

In Canada, over 150,000 children were forcibly sent to these institutions and subjected to abuse. In Australia, it was 1 in 3 Indigenous children between 1910 and 1970.

Many passed away due to abuse, disease and neglect (over 4,100 Indigenous Canadian children).

Lasting impact of history even in modern day:

First Nations communities are disproportionately impacted by violence, addiction, and intervention by child protections, youth justice and criminal justice systems.

In Australia, they are 17 times more likely to be under child protection supervision than non-Indigenous families.

Deaths in police custody are more likely to happen.

Such practices have also led to high rates of violence against Indigenous women and children.

Missing and Murdered Indigenous Women (2 of 2)

Victimization rates.

Cases unsolved or not registered.

National inquiry by Canadian government.

Initiatives in U.S.A.

5.3. Explain the issue of missing and murdered Indigenous women and its effects on First-Nations communities.

Missing and Murdered Indigenous Women

Victimization rates:

Indigenous females are significantly more likely than non-Native counterparts to be victims of family violence, sexual assault, and murder.

Indigenous women make up only 4% of Canada’s population but murdered at 6 times higher rate than non-Indigenous women.

High homicide rates are linked to intergenerational domestic violence. Over 80% of Maori women face domestic violence; they are 3 times more likely to be victims of family or intimate partner homicide than non-Maori women.

In U.S., homicide is third leading cause of death among American Indian and Alaska Native women between ages 25–34; they are 10 times more likely to be homicide victims compared to national murder rate.

Cases unsolved or not registered:

In New South Wales, Aboriginal women (less than 3% of population) are 10% of unsolved missing persons cases.

U.S. National Crime Information Center reports 5,295 cases (missing and murdered) in 2020, but only 725 were in Department of Justice’s database.

National inquiry by Canadian government:

Established in 2015, the commission, over 2 years, heard from over 2,380 family members, survivors, experts, community elders, and officials.

Conducted review of all forms of violence and harm, individual and institutional.

Offered 231 calls for justice focusing on reforms for governments, institutions, social service providers, and general public highlighting need for culturally responsive approaches of healing and combatting colonization and patriarchy.

There have been similar calls for an inquiry in Australia.

Initiatives in U.S.A:

2019: Missing and Murdered Indigenous Persons (MMIP) Initiative and Presidential Task Force on “Operation Lady Justice.”

2020: Savanna’s Act that directs the Department of Justice to review, revise, and develop protocols to address the issue of missing and murdered Native Americans.

State level legislation with Hanna’s Act in Montana: Her birthday May 5th was designated as national day of awareness.

Honor-Based Violence (1 of 4)

Murder of a woman by family member.

Double-standard rooted in patriarchy.

Perception of honor.

Carried out with high degree of violence.

5.4. Assess the role of culture and patriarchy for cases of honor-based violence.

Honor-Based Violence

Honor-based violence (HBV):

Involves murder of a woman by a male family member.

Includes practices like honor killings, bride burnings, customary killings, and dowry deaths.

Killings are in response to belief that the women have brought shame to the family unit.

The notion of honor is one of the most important cultural values for these communities. It controls every part of a woman’s identity.

Double-standard rooted in patriarchy:

This dictates that women should be modest, meek, pure, and innocent, and follow rules set by husbands and fathers.

Women’s right to life is conditional on obeying social norms and traditions.

Women are viewed as property that holds value based on purity, which can be tainted by acts that many Western cultures view as normal.

The crime can be that a woman wants to become “Westernized” or participate in modern-day activities or is rooted in a sexual double standard where a woman should maintain her purity for her husband.

The men are never criticized for their acceptance of Western culture.

Perception of honor:

Even victims of sexual assault are at risk because their victimization is considered shameful for the family.

Simple perception of impropriety is enough to warrant an honor killing.

Women accused of bringing dishonor are rarely afforded the opportunity to defend their actions. The distinction between a woman being guilty or alleged to be guilty is irrelevant.

Carried out with high degree of violence:

Women are subjected to torture, and their deaths are often slow and violent.

Violent killing is expected in certain cases because it shows a man’s power and ability to protect his honor.

Honor-Based Violence (2 of 4)

Support from women in community.

Estimates of honor killings.

Nature of honor killings.

Reasons for killings.

5.4. Assess the role of culture and patriarchy for cases of honor-based violence.

Honor-Based Violence

Support from women in community: Research indicates that the women in the family support these acts of violence against other female family members as part of the shared community understanding about honor.

Estimates of honor killings:

The U.N. estimates more than 5,000 honor killings each year around the world, but true numbers are closer to tens of thousands of women.

Many of these crimes go unreported, making it difficult to develop an understanding of the true extent.

Nature of honor killings:

95% of victims are young women (mean age = 23).

In 42% of cases, multiple perpetrators were involved (distinguishing these crimes from single-perpetrator femicides most commonly reported in Western countries).

Over half of these women were tortured to death and killed by stoning, burning, beheading, strangulation, or stabbing/bludgeoning.

Reasons for killings:

42% of cases involved acts of infidelity or alleged sexual impropriety.

Remaining 58% were murdered for being “too Western” and defying expectations set through cultural and religious normative values.

Honor-Based Violence (3 of 4)

Occasionally occurs in Western world.

Challenges in punishing perpetrators.

Areas of reform.

Legal measures.

5.4. Assess the role of culture and patriarchy for cases of honor-based violence.

Honor-Based Violence

Occasionally occurs in Western world:

Cases are exclusively linked to an immigrant culture/community where honor killings are a more accepted practice.

Perpetrators generally maintain that their actions were culturally justified.

January 2012 conviction of Shafia family in Ontario, Canada is one such example.

Challenges in punishing perpetrators:

Perpetrators are rarely identified and even more rarely punished.

Victim’s family members are quick to dismiss the deaths as “accidents.”

In Turkish communities, the task of murder is often given to the youngest male member who are usually under the age of criminal responsibility, which further reduces likelihood of punishment.

Areas of reform suggested by Amnesty International:

Legal measures.

Preventive measures.

Protective measures.

Legal measures:

Legal system in many of these countries does little to protect victims. Women have few, if any, legal rights. Perpetrators are rarely subjected to punishment.

First step is recognizing that violence against women is a crime and needs to be enforced by the legal communities.

Legal reforms must address women’s status and provide them with opportunities for equal protection under the law. Provide remedies for survivors of attempted honor killings.

International law needs to enforce sanctions against governments that fail to act against offenders.

Honor-Based Violence (4 of 4)

Effectiveness of legal measures.

Preventive measures.

Protective measures.

Road to reform.

5.4. Assess the role of culture and patriarchy for cases of honor-based violence.

Honor-Based Violence

Effectiveness of legal measures:

Turkish activists did not feel that increasing punishments would serve as effective deterrent, particularly in regions where the practice is more common and accepted.

Punishments would not change the social necessity to kill and are seen as less important than lifelong loss of honor.

Preventive measures:

Education and public awareness is the first step.

Attempts to change these practices require time and resources aimed at opening communication on these beliefs; no easy task given the normative cultural values that perpetuate these crimes.

Sensitivity-training programming for judicial and legal personnel may help them respond in an impartial manner.

It is important to develop a sense of the extent of the problem: Enhanced understanding of data on these crimes will help shed light on the pervasiveness of honor-based violence.

Protective measures:

Given the limited escape options, additional resources for victim services need to be made available, including shelters, resources for women fleeing violence, legal aid, provisions for protection of children, and training to increase economic self-sustainability.

Agencies that offer refuge need to be protected from instances of backlash and harassment.

Road to reform:

Many agents working in affected regions indicate feelings of hopelessness that such changes are even possible.

Cultural traditions present significant challenges for change.

First step in reform involves creating the belief that success is possible.