Submission to the Inquiry into Domestic Violence in Australia

Transcription

1 Senate Finance and Public Administration Committees PO Box 6100 Parliament House Canberra ACT 2600 By 12 August 2014 To Whom It May Concern, Submission to the Inquiry into Domestic Violence in Australia The Australian Psychological Society (APS) welcomes the opportunity to make a submission into the Finance and Public Administration References Committee Inquiry into Domestic Violence in Australia. The APS is well placed to contribute to this consultation by identifying psychological research and best practice as it relates to the family law system and family violence, particularly in ensuring the protection of victims of family violence from harm. The APS has developed a literature review and tip sheet on parenting after separation, and has a number of resources on violence which also inform this submission. From a psychological perspective, the APS understands family violence as an ongoing pattern of violent, abusive and controlling behaviours by one family member toward another family member or members, with men more likely to be the perpetrators of family violence, while women and children are most commonly the victims. Family violence consists of behaviours which are designed by the perpetrator to control the actions of the victim, including their resistance to the violence, and results in varying degrees of fear and intimidation.

2 The negative impact of violence on the health and wellbeing of individuals, groups and communities is of great concern to the APS. Psychologists often work as researchers and/or service providers with individuals and groups who experience or use violence, seeking to both prevent violent behaviour and address its impacts. Psychologists and psychological research have contributed much to the knowledge base in the particular area of family violence. Understanding and responding to family violence The APS specifically emphasises the need for fundamental social change to remove the cultural supports of violence against women, and considers the following principles are central to any response to family violence: Community responsibility: Addressing violence is not a private matter but a community responsibility. Past approaches that see violence against women as an individual or a relationship problem will lead to practices that are victim-blaming and unsafe. Prevention: Addressing gender inequality and raising the status of women is essential. A systems-wide approach addressing the cultural facilitators of violence against women is needed to ensure that legal, medical and social responses serve to expand the options available to women experiencing violence, and to limit the opportunities currently afforded to perpetrators to use violence with impunity. Partnership: Community-level partnerships between women and men committed to ending violence against women need to be based on the depowerment principle where the dominant group makes the changes and the less powerful group benefits. This requires firm accountability mechanisms and ongoing vigilance by all parties. No To Violence Male Family Violence Prevention Association is an Australian example of such an approach. Violence is both a social construct and a (painfully) lived experience family violence can be viewed as an extension of rigid gender roles that are socially constructed and involve the sets of traditions, habits and beliefs which permit some men to assume dominance and control over women, and thus, to assume the right to use violence as a means of exercising that control. Power: Family violence is about gender and power. While men may not be inherently more violent than women, the use of violence is an abuse of power combined with opportunity. In the light of the rates and patterns of family violence reported locally and globally, we therefore need to ask how power is so unequally divided between men and women 2

3 in almost all societies, and what facilitates the opportunities for and actively encourages the abuse of that power? Submissions to this Inquiry that focus on the minority of instances where men are the perceived victims of female violence serve to reinforce that power is not always distributed in a predictable way, and that dimensions such as disability, age, financial resources and social support can affect the balance of power operating in particular circumstances. Comprehensive policy and practice responses to violence need to avoid gender blind conceptualisations (e.g., the violent couple, family conflict ), directly confront the violence as a central issue, encourage perpetrators to take responsibility for their use of violence, avoid blaming victims, limit perpetrators power by enforcing legal sanctions, expand victims options in housing, income support, job opportunities, legal redress, crime compensation and parenting support, and work to narrow the gender/power gaps at global, community and interpersonal levels that facilitate violence against women and children (Gridley & Turner, 2010). Responding to the Inquiry The APS welcomes the Inquiry into Family Violence, and hopes that as a result, policy and programs are strengthened to ensure the safety of victims of family violence (predominantly women and children). The APS is not in a position to respond extensively to this Inquiry, but offers a brief response to the terms of reference below. The APS response is an evidence-based position, drawn from psychological research and practice about what works to ensure the safety and wellbeing of children, parents and families. In particular, we endorse submissions made to date by Domestic Violence Victoria, VicHealth, Women s Health West, the Aboriginal Family Law Service, Women with Disabilities Victoria, Women s Legal Services Australia, and No To Violence. a. the prevalence and impact of domestic violence in Australia as it affects all Australians Domestic or family violence is one of the most significant health and human rights issues in our community. While there is clear evidence about the widespread nature and prevalence of family violence, it is also widely acknowledged that the current statistics underestimate what often remains an 3

4 invisible or hidden crime. We refer to the widely cited statistics cited in a number of other submissions to the current Inquiry, which state: One in three women aged 15 years and over have experienced physical violence, one in five sexual violence and one in four have been emotionally abused by a partner (ABS, 2013) About women are killed each year in Australia by a current or former partner (domestic homicide) (Chan & Payne, 2013; Mouzos & Segrave, 2004). So that while males continue to be overrepresented both as homicide victims and offenders, females remain overrepresented as victims of intimate partner homicide (Chan & Payne, 2013) More than 20 children are killed each year by their parents, with fathers being responsible for the majority of filicides in Australia (Mouzos & Segrave, 2004). While men are more likely to be victims of violence in the community at large, this is likely to be violence perpetrated by strangers and/or by other men - they are significantly less likely than women to be victims of domestic violence. Violence has a significant impact on the mental health and wellbeing of victims (predominantly women and children). According to the American Psychological Association (APA) Resolution on Male Violence against Women: violence against women is a major cause of reduced quality of life among women and children, and of distress, injury and death for women, and has serious secondary effects for families, communities, and the economy violence leads to a high prevalence of acute and chronic mental and physical health consequences being assaulted by or witnessing assaults toward family members in childhood or adolescence increases the likelihood of mental health problems, substance abuse, and involvement in abusive relationships for both women and men. Examination of the deleterious impacts of family violence on burden of disease, Vichealth has found that violence against women is the leading cause of premature death, disability and illness for women aged years in Victoria (Vichealth, 2004). Psychologically, the impact of domestic violence is complex. Women often feel it is too hard to continue to fight for justice, which would mean dealing with a 4

5 range of legal, financial and other systems in order to address the situation. They find they must focus on the recovery and wellbeing of their children, usually while living with gravely reduced circumstances and ongoing harassment. The need to take time off work to attend court can affect their usually limited income and sometimes tenuous or casual employment. Women s physical health frequently suffers due to stress and anxiety. It can be very difficult to prove verbal and emotional abuse, yet this is the most common cause of long-term psychological distress. While family violence obviously has detrimental effects on the immediate victims (usually women and children), it is an issue which impacts more broadly on families and communities. Family violence has been linked to unemployment, homelessness and significant costs to the Australian economy. KPMG, for example have forecast that the cost of family violence to the economy will be $15.6 billion in 2021 if action is not taken to prevent and address its harmful impacts. While domestic violence affects women of all backgrounds, Aboriginal and Torres Strait Islander women are up to 40 times more likely to experience it (AIHW, 2006). While the reasons for this are complex and linked to the impacts of colonisation, dispossession, family removal polices and ongoing racism and discrimination, the impact on the social and emotional wellbeing of affected individuals and communities is enormous. The APS urges the Government to work collaboratively with Aboriginal and Torres Strait Islander family violence services and local communities to address family violence in a culturally appropriate way. Less well known is the prevalence of family violence against women with a disability, however a growing body of evidence suggests that women with a disability in the home and in institutional or residential care settings are more likely than other women to experience violence, and that the impact of this violence may be more severe (WWDA, 2013). Respect for diversity is sometimes misinterpreted as cultural relativism, justifying a failure to intervene in the affairs of groups defined as other. But violence is unacceptable in any form, and attention to diversity means working from within the perspectives of minority group women experiencing violence (Gridley & Turner, 2010). Thus Aboriginal women in outback communities may prefer to tackle alcohol profiteers to reduce levels of violence associated with substance abuse. 5

6 b. Factors contributing to the present levels of domestic violence The World Health Organisation has stated that no single factor explains why one person and not another behaves in a violent manner. Violence is rooted in the interaction of many factors biological, social, cultural, economic and political (WHO, 2002: 10). They note however, the particular vulnerability of women as victims of violence, and particularly women in societies where there are marked inequalities between men and women (WHO, 2002). Indeed, family violence is a gendered crime, with most perpetrators being men, and most victims being women (and children). It is widely understood to be related to unequal power relations between men and women, and therefore is at higher rates in unequal societies. Violence against women must be located in its full social and historical context of gender and power. At the relational level, violence must be viewed in terms of its controlling effects rather than stated intentions. However, explanations such as the cycle of violence or it takes two to tango can be unhelpful, as such models assign women a role in precipitating or maintaining violent behaviour patterns by their intimate partners (Gridley & Turner, 2010). APS members with years of experience working in this field report the following as either contributing to the violence, or impeding recovery: Ignorance about the nature of abusive relationships, leading to a failure at all levels to recognise it. This includes the women themselves, their families and friends, and also the professionals they seek help from including doctors, lawyers and counsellors. Lack of supportive responses when women seek help. Women report very mixed responses all types of professionals, including the police, the courts, medical and legal personnel, and even, though less often, from workers in designated domestic violence support roles. Acceptance of controlling and abusive behaviour from men within society. Men are rewarded in some work environments for being noncollaborative. A disproportionate sense of personal entitlement is characteristic of the partners of women seeking assistance. Lack of alternatives for women wishing to exit an unsafe relationship. There is a serious and chronic shortage of affordable housing, and women exiting such relationships are typically under 40 and have dependent children; this reduces their capacity to access paid work or private rental. Refuge housing is a last resort and more women than not are turned away due to shortages. 6

7 The cyclic nature of domestic abuse means that women are often ambivalent about whether they wish to continue in the relationship. The psychological impact of living with abuse, and the inherent difficulties in leaving, make women very susceptible to temporary promises of change. This often exposes them to further abuse. The difficulty in making men accountable for domestic violence and abuse is a major impediment to recovery for women and children, and a major cause of repeated abuse. There are low rates of charges being laid in the context of domestic assaults, and there is evidence that penalties for abusing a partner are less than if the man had similarly assaulted a stranger. Men often breach Court Orders with little or no consequence; Family Court judgements may minimise or ignore reports of abusive behaviour, and shared care arrangements may expose both abused women and their children to frequent distress, especially when more subtle forms of abuse and harassment are difficult to verify. At the personal level, a woman s subjective fear can be the best indicator of the dangerousness of her violent partner, regardless of any informal or professional risk assessment yet her voice is often ignored, sometimes with fatal consequences. Women may be penalised for seeking help if they are diagnosed with a mental health issue and help-seeking is seen as evidence of pathology rather than as appropriate health self-care. Symptoms and aftermath reactions should be normalised rather than pathologised. While there is mounting evidence of the negative impacts of domestic violence on children s mental health and wellbeing, policy responses that treat women victims as perpetrators of child abuse on these grounds are misdirected at best and counter-productive at worst. c.-e. Policy responses and recommendations The APS believe a range of prevention, early intervention and tertiary level responses are needed to prevent and address family violence. We also acknowledge that policy and service responses across a range of sectors can impact upon and potentially support victims of family violence, including legal, housing, health, mental health and welfare responses. While we are not currently in a position to comment on the effectiveness or otherwise of the National Action Plan to Reduce Violence Against Women and their children, we acknowledge the significance of the plan to embed family violence as a national priority and attempt to implement the plan as a nationally consistent and strategic approach. 7

8 Policy responses that would support the safety, as well as psychological, physical and economic wellbeing of those who experience family violence include (but are not limited to) the following key areas: Legal protection improve the responsiveness of the family law courts by addressing long waiting periods, following up on relevant evidence of allegations of abuse, increasing the expertise in domestic violence support and recovery at all stages of the legal process (including expertise in child development), and developing procedures for victims of domestic violence to feel safe while going through legal processes. Police responsiveness - police responsiveness to allegations of domestic violence needs to be enhanced, and further domestic violence training is required by all police. A specialised Family Violence Response Unit is a recommended strategy. Housing domestic violence is a leading cause of homelessness among women and children. It is a basic psychological health principle that people s recovery is enhanced when they are safe and secure. Domestic violence accommodation should be a discrete Government-funded program, with a greater focus on maintaining the victim and children in the family home Financial security - to facilitate economic independence, it needs to be recognised that the household income is an irrelevant term in most cases of domestic violence, as most women victims do not have independent access to that income. Where benefits and services are means-tested, this needs to be taken into account, and women and children experiencing family violence need separate access to finances. Education there is a need for education in schools for boys and girls about the warning signs of abusive and controlling behaviour (beyond education on healthy relationships). Consequences for anti-social behaviour such as bullying must be readily available and enforced. Supporting children children need to have a voice in family violence proceedings and to be further protected from violence (even after separation) - the right of the child to safety should be the primary consideration (over and above ongoing relationships with both parents or expectations of shared care, when there is violence involved). Enhanced service accessibility services for those experiencing domestic violence should be provided free of charge, available locally and out of hours. Community-based responses need to be further supported (e.g., mentoring, volunteering) and information about services needs to be much more widely disseminated. Services for children need to be more 8

9 readily available, with many mental health services for children having waiting lists between 3 and 6 months. Men s services support for men as the perpetrators of family violence to change abusive and controlling behaviours and to move away from violence is required. Developing expertise - domestic violence training should be mandatory and ongoing for maternal and child health nurses, psychologists and other counsellors/allied health professionals, doctors, members of the legal profession, including magistrates and judges, and police. Addressing gender inequality - a range of strategies is required to address gender equity, and gender stereotypes specifically, in both the media and society more broadly. Collaboration - with women s health and family violence services to provide public health and education campaigns designed to raise awareness and prevent family violence in all its forms. For further information please contact me on Yours sincerely, Ms Heather Gridley FAPS Manager, Public Interest Australian Psychological Society 9

10 About the Australian Psychological Society The APS is the premier professional association for psychologists in Australia, representing more than 21,000 members. Psychology is a discipline that systematically addresses the many facets of human experience and functioning at individual, family and societal levels. Psychology covers many highly specialised areas, but all psychologists share foundational training in human development and the constructs of healthy functioning. A key goal of the APS is to actively contribute psychological knowledge for the promotion and enhancement of community wellbeing. This submission has been developed by the APS Psychology in the Public Interest section, a team dedicated to the application and communication of psychological knowledge to enhance community wellbeing and promote equitable and just treatment of all segments of society. Psychologists have been substantially involved in collaborative, multidisciplinary work on social issues internationally and nationally for decades. They bring their psychological skills and knowledge to enhance understandings of the individual, family and systemic issues that contribute to social problems, and to find better ways of addressing such problems. Psychology in the Public Interest is the section of the APS dedicated to the application and communication of psychological knowledge to enhance community wellbeing and promote equitable and just treatment of all segments of society. References AIHW (2006). Family violence among Aboriginal and Torres Strait Islander peoples, Cat. no. IHW 17. Canberra: AIHW. Australian Psychological Society (2009). Parenting after Separation: A Position Statement prepared for The Australian Psychological Society. Melbourne: APS. Chan, A. & Payne, J. (2013). Homicide in Australia: to National Homicide Monitoring Program annual report. AIC Reports, Monitoring Report 21. Canberra: Australian Institute of Criminology. 10

11 Gridley, H. & Turner, C. (2010). Gender, Power and Community Psychology, In G. Nelson, & I. Prilleltensky (Eds.), Community Psychology: In Pursuit of Liberation and Well Being (2nd ed.), Ch.18, pp Basingstoke, UK: Palgrave MacMillan. Kaspiew, R., Gray, M., Weston, R., Moloney, L., Hand, K., Qu, L., & the Family Law Evaluation Team. (2009). Evaluation of the 2006 family law reforms. Melbourne: Australian Institute of Family Studies. Mouzos J. & Segrave, M. (2004). Homicide in Australia: National homicide monitoring program (NHMP) annual report. Research and Public Policy series no. 55. Canberra: Australian Institute of Criminology. VicHealth (2004). The health costs of violence: measuring the burden of disease caused by intimate partner violence. Melbourne: Victorian Health Promotion Foundation:. Health-Costs-of-Violence.aspx Women with Disabilities Australia (2013). Report of the Proceedings and Outcomes of the National Symposium on Violence against Women and Girls with Disabilities. Hobart: Women with Disabilities Australia. World Health Organisation (2002). World report on violence and health: summary. Geneva: World Health Organization. summary_en.pdf 11