New report says women have a vastly different experience of justice than men do in Scotland

An expert panel says female victims of crime are often retraumatised by their experiences of the justice system

Women have worse experiences of the Scottish justice system than men

A group of experts say Scotland’s justice system needs to be overhauled to better reflect the fact women have vastly different experiences of it than men do.

From female offenders to victims and those working in the police and courts, there is a perceived lack of knowledge on how men and women are affected differently by the justice system, often leading many women to distrust it entirely.

The Scottish Government set up a panel of some of the most senior women working in the justice system, and they have now published a report saying more needs to be done to support women, saying services should be person-centred and trauma informed if real improvements are to be seen.

Scotland on Sunday has spoken to Jen Ang, the director of development and policy at the Scottish Women’s Right Centre, and one of the women sitting on the expert panel.

She said: “It is clear to all of us that women have a very different experience of the justice system than men.

“In Scotland people expect to have an equal experience of state organisations and to not be disadvantaged because of their gender, sex, race, religion or age.

“We need to recognise the challenges of intersectionality - when women are treated unfairly often it can be because of overlapping identities compounding the inequality they experience.

“One problem is we don’t have enough data to know what exactly needs to change.

“But there needs to be a trauma informed approach to each person rather than having a one-size-fits-all approach to things like taking evidence from victims or deciding whether or not they qualify for legal aid.”

The authors of the report say there are legislative barriers in Scotland to removing gender bias, stigma and stereotyping at all levels of the justice system.

One of the main conclusions of the report is that female victims of crime are often retraumatised by their experiences of the justice system.

According to the report women are more likely to be the victims of crimes like domestic abuse, rape, stalking, revenge porn, upskirting and drink spiking.

There is currently a significant backlog of cases in Scotland, and these delays are adding to women’s traumatic experiences, particularly if they are survivors of rape and sexual assault.

All of this is adding to women’s mistrust of the whole justice system.

Ms Ang said: “Sexual violence is significantly under-reported in Scotland, and one reason for that is a lack of trust when it comes to reporting crime.

“This is not a revelation, it was not surprising to the women on the panel. But it does illustrate the experiences women are having.”

The report also looked at how different it is for women who commit offences and are imprisoned in Scotland, most of which are serving short sentences for nonviolent crimes.

Women in the justice system are more likely to have experienced “high levels” of trauma, violence, abuse and victimisation - 57 per cent of female prisoners are survivors of domestic abuse, and 63 per cent of young female offenders have experienced rape or domestic abuse.

These women are also more likely than men to have committed a crime to support someone else’s drug use.

On top of this, there are elevated levels of poverty amongst Scotland’s female prison population and little data on their mental health.

The report adds it can often be difficult to separate out the “victim” from the “offender” when it comes to women.

For example, women can have assault charges for trying to defend themselves from domestic abuse.

Women who are involved in prostitution also feel unable to report rapes and sexual assaults for fear of being arrested themselves.

The report also says there is a perceived lack of understanding on how sentences on women impact on their families, as women are more likely than men to have caring responsibilities.

Children are more affected when their mother goes to prison compared to if their father goes to prison - only five per cent of those whose mother is imprisoned are able to stay in the family home, whereas the majority of those whose father is imprisoned do.

On top of this women make up the bulk of prison visitors and face higher social stigmas when they are released from prison.

Ms Ang said: “Women’s experiences of custody and the consequences of custody are hidden and there are challenges when it comes to their families.

“The report established there could be alternatives for women held in custody rather than a one-size-fits-all, because that can lead to more suffering.

“If someone is taken into custody, their families shouldn’t also suffer – that is not a form of criminal punishment.”

As well as looking victims and offenders, the report also highlighted inequalities faced by those who work in the justice system.

Only a third of the police force are female, and although two thirds of the tribunals service are female, they do not get as many promotions as men do.

The report suggests offering more flexible working and more paternity leave in a bid to solve these inequalities.

This report comes as the Scottish Government looks to embed trauma informed practices across the justice system with its Victims, Witnesses and Justice Reform (Scotland) Bill.

Victims and Community Safety Minister Siobhian Brown said this new report puts forward the case that women’s experiences of justice need to be improved.

She said: “I thank everyone who contributed to the report, since it is their specialist knowledge and testimonies which have provided a clear and unambiguous foundation to inform and influence key justice partners and beyond.

“The conclusions are owned by the panel members, who will use their influence and positions to effect change.

“These findings will help the Scottish Government change and deliver a justice sector which is truly responsive to the needs of women and girls.”