Misogyny in the Family Courts: Victims of Domestic Abuse Face Further Trauma and Unjust Rulings
Domestic violence is a pervasive issue that affects countless individuals across the globe. While it is often perceived as a private matter, the impact of domestic abuse extends far beyond the confines of the home, particularly when it involves the family courts.
Judges’ Lack of Understanding
Vulnerable women who seek justice in the family courts often face shocking and insensitive comments from the very judges tasked with deciding their families’ futures. These comments betray a deep-seated misogyny that permeates the secretive family courts, subjecting victims to further trauma and leading to rulings that can leave them legally required to face their abusers.
Comments like “Domestic violence is a 50/50 thing,” “It’s not like you were beaten,” and “Maybe one day you’ll be able to forget what happened” are not isolated incidents. They are symptomatic of a systemic problem that undermines the experiences of victims and perpetuates the cycle of abuse.
The Need for Training and Accountability
Campaigners are calling for mandatory training for judges who sit in the family courts to ensure they have a proper understanding of the complexities behind domestic abuse, including coercive control. This training is essential to equip judges with the knowledge and skills necessary to make informed and just decisions that protect victims and their children.
Furthermore, there is a dire need for greater accountability within the family courts. The anonymity and secrecy that surround these proceedings create a shroud of impunity, allowing judges to make biased or uninformed rulings without facing consequences.
Traumatic Experiences for Victims
The experiences of victims who have faced misogyny in the family courts are harrowing. They report being put through hours of questioning, belittled and attacked by barristers, and ultimately left feeling traumatized and hopeless. Emma, a victim of domestic abuse, shared her experience of being questioned in court about her finances, despite being in debt due to her ex-husband’s coercive control.
The judge, she said, failed to challenge victim-blaming from her ex-husband’s barrister and reinforced outdated and sexist attitudes. “The trauma just came right up to the surface that entire time,” Emma said.
A Lottery of Justice
Solicitor Rachel Horman-Brown, who has worked within the family courts for 30 years, describes the experience for victims as a “lottery.” Some judges, she says, take domestic abuse seriously and approach cases with sensitivity and understanding. Others, however, dismiss allegations of abuse as irrelevant or even collude with perpetrators.
“It’s sad that the outcome of a case can depend on which judge it is put in front of,” Horman-Brown said. “This is a system that retraumatizes victims and puts them at further risk of harm.”
A Call for Change
Riverlight, an organization that provides support for abuse survivors, has launched a campaign to raise awareness of the misogyny that pervades the family courts. Victims have submitted testimonies describing the insensitive and dismissive treatment they have received from judges, including one who reportedly rolled their eyes at a mention of gaslighting.
Roda Hassan, founder of Riverlight, believes that more must be done to create a safe and just environment for victims of domestic abuse in the family courts. “Victims and survivors often tell us that they feel more abused and victimized by the court system itself than the perpetrator,” she said.
“If you can’t feel safe in a court of law, where can you feel safe?”
Additional Resources
- National Domestic Abuse Helpline: 0808 2000 247
- National Domestic Abuse Helpline website: www.nationaldahelpline.org.uk
- Riverlight website: https://www.riverlight.org.uk/
