By: Anne-Marie Langan*
Discrimination acts as a barrier for those who experience Intimate Partner Violence (IPV) and Sexual Violence (SV) in seeking justice, housing and employment. The stigmatization of IPV and SV victims results in “negative police responding, trivialization of IPV victims, inadequate domestic violence prosecution policies, and stigmatizing responses from the justice system, family, clergy, and the community”[1] As a result of the stigma people experiencing IPV and SV often are reticent to disclose their experiences.[2]
Discrimination by the Police and Justice System
Those who have experienced IPV and SV are often reticent to report their experiences to the police or to go to court to seek relief for fear they will not be taken seriously. They will be blamed rather than assisted due to stereotypes that exist about IPV and SV victims, as well as women in general[3]. Some of these stereotypes include:
· Victims, most of whom identify as female, are “overemotional” and exaggerate,
· that the allegations are false and are being made to gain an advantage in court proceedings for custody, support, etc.. or out of jealousy about the new partner[4]
· that the victim must have done something to bring on the violence,
· that sexual assault cannot occur if the relationship was otherwise consensual,
· and that abuse is not serious unless it involves physical violence.
Discriminatory views could also explain why those who were charged and convicted of IPV were less likely to receive a prison sentence, and those convicted of sexual assault within the context of a relationship were more likely to receive a conditional sentence.[5]
Discrimination in Housing
One area where victims of IPV can experience barriers due to discriminatory attitudes is in accessing housing, particularly if they have children. A recent study, Successful Tenancies, found that 64% of the IPV victims surveyed had experienced discrimination when looking for safe housing based on their sources of income, their family status and/or their ethnicity.[6]
Discrimination in Employment
Those experiencing IPV and SV may also experience barriers in finding and keeping employment due to discriminatory attitudes and lack of accommodation. Often, victims of IPV have gaps in their employment history related to the abuse, but stigma prevents them from disclosing this to employers. As well they may also need to miss work as a result of injuries to attend to their children and for appointments and court dates related to the IPV situation, which can lead to being labelled unreliable by employers and co-workers. Discrimination is also rampant amongst IPV survivors who belong to the BIPOC (Black, Indigenous, People of Colour) community, 51% of whom report experiencing discrimination, such as being denied a position due to lack of “Canadian experience.”[7]
What Can We Do To Help?
Educate Yourself- Would you know how to recognize if a friend or co-worker was experiencing IPV or SV? What myths and stereotypes might you have internalized? Learning about IPV and SV can assist you in identifying and responding. Here are some free resources to get you started:
Stop Victim Blaming- As noted above, one of the myths/stereotypes that is commonly held about IPV and SV victims is that they did something that brought on the violence and abuse or exaggerated the impact of the abuse.[8] Those who are or perceive that they are blamed have a more difficult time overcoming barriers related to abuse and are less likely to report it if they continue to experience IPV/SV.[9] When you become aware of a situation involving IPV and SV, you can show your support by letting the person know you believe them.
Take Action – If you witness violent behaviour or inappropriate sexual behaviour,r consider speaking out if you feel safe to do so. There is also the option of bringing it to the attention of someone better placed to respond, such as a security guard or a manager. You can also document what you see (incident report, video footage, recording) in the case and offer it to the victim if they decide to take legal action. Another option is to create a distraction which would permit the victim to get away from their abuser. Knowing and sharing your knowledge about resources in your community for IPV and SV victims can also be very helpful.
*Anne-Marie Langan BA, BSW, LL.B., LL.M. is the project lead for the sexual violence projects at Peterborough Community Legal Center, including the SHAPE project, which provides legal advice and education for those experiencing sexual harassment in the workplace and the Your Way Forward project which provides support for those who have experienced intimate partner sexual violence. These projects are sponsored by the government of Canada's Justice Department and Legal Aid Ontario. She can be reached directly at anne-marie.langan@ptbo-nogo.clcj.ca .
Disclaimer: This post contains general legal information as of November 26, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer.
[1] Overstreet, N. M., & Quinn, D. M. (2013). The Intimate Partner Violence Stigmatization Model and Barriers to Help-Seeking. Basic and Applied Social Psychology, 35(1), 109–122. https://doi.org/10.1080/01973533.2012.746599
[2] Ibid.
[3] Discrimination against survivors of domestic and sexual violence. American Civil Liberties Union. (n.d.). https://action.aclu.org/legal-intake/discrimination-against-survivors-domestic-and-sexual-violence
[4] Jennifer Koshan, "Challenging Myths and Stereotypes in Domestic Violence Cases" (2023) 35:1 Can J Fam L 33.
[5] Government of Canada, D. of J. (2023, January 20). JustResearch No. 12. Sentencing Outcomes: A comparison of family violence and non-family violence cases - JustResearch no.12. https://www.justice.gc.ca/eng/rp-pr/jr/jr12/p5e.html
[6] Parsaud, D. (2023, November 15). Intimate partner violence and hidden homelessness. WomanACT. https://womanact.ca/intimate-partner-violence-and-hidden-homelessness/
[7] Council, T. R. I. E. (2022, September 29). How can employers support women experiencing intimate partner violence and racial discrimination? TRIEC. https://triec.ca/employers-support-women-ipv-racial-discrimination/#:~:text=Provide%20flexible%20workplace%20practices%20and,affordable%20counselling%20through%20workplace%20benefits.
[8] Canadian Resource Center For Victims of Crime, Victim blaming in Canada. (n.d.-b). https://crcvc.ca/wp-content/uploads/2021/09/Victim-Blaming_DISCLAIMER_Revised-April-2022_FINAL.pdf
[9] Ibid.
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