Submission to National Plan to Reduce Violence against Women and Children

National LGBT Health Alliance Submission to National Plan to Reduce Violence against Women and Children July 2008

Introduction The National LGBT Health Alliance is an alliance of organisations across Australia that provide programs, services and research in the areas of lesbian, gay, bisexual and transgender (LGBT) health and HIV/AIDS. Through their leadership in LGBT health and HIV/AIDS the organisations that make up the Alliance are a central part of LGBT communities across the country. The Alliance recognises that domestic and family violence is a major health concern for all Australians. Its impacts are further compounded for the lesbian and gay community due to a poor understanding of the issues and a lack of appropriate responses. Why Domestic Violence and Sexual Assault is Happening in Australia Domestic violence has been a hidden issue within the lesbian and gay community but it is a major health concern. The 2006 large scale study Private Lives: A report on the health and wellbeing of GLBTI Australians found that 33% of respondents reported having experienced violence or abuse in a relationship. For women, the rate was 41%. These results are echoed by the ACON 2006 Fair s Fair report on violence within Sydney lesbian and gay relationships which found that 48% of respondents had experienced some form of abuse in a same sex relationship. In many cases of SSDV children are involved. According to Fair s Fair, 14% of respondents who reported abuse in their current relationship have children under the age of 16 in their care. 16% of respondents who reported abuse in a previous relationship indicated that they had children in their care during the relationship. These studies and further overseas research has shown that domestic violence occurs in same sex relationships at around the same levels as in heterosexual relationships 1, and a Western Australian report on the issue 2 cited research suggesting that the prevalence may well be higher. In addition to under-reporting, it is suggested that many LGBT people do not identify domestic violence when they experience it due to a lack of recognition of its existence in same sex relationships. Although violence within heterosexual and same-sex relationships is similar in terms of prevalence and type of violence experienced, homophobia and heterosexism create unique difficulties for the LGBT community, for example: 1 Renzetti, C. (1992) Violent Betrayal: Partner Abuse in Lesbian Relationships Sage Publications, Newbury Park p.17-19 Brand, P.A. & Kidd, A.H. (1986) Frequency of physical aggression in heterosexual and female homosexual dyads Psychological Reports Vol. 59 pp. 1307-1313 2 Vickers, L. (1996) The Second Closet: Domestic Violence in Lesbian and Gay Relationships: A Western Australian Perspective, http://www.murdoch.edu.au/elaw/issues/v3n4/vickers.html

The lack of recognition of the existence of same sex domestic violence (SSDV) and underdeveloped community language around the issue limits LGBT people s ability to recognise and respond to domestic violence. Perpetrators can use homophobia and heterosexism as weapons against their partners, such as threatening to out their partner, or preventing their partner from accessing services by creating the impression that those services will be homophobic. A lack of visibility and few role models for healthy LGBT relationships mean that for many, the abuse becomes associated with their sexual identity. Homophobia can mean that individuals are cut off from their families, which impacts on support options available. In areas with a small and close-knit LGBT community, issues of confidentiality, stigma, and embarrassment are compounded. Resources, Programs and Services Proven Effective at Reducing the Effects of Domestic and Family Violence or Sexual Assault Responses to same sex domestic violence in Australia are limited owing to a lack of government funding. However in several capital cities there has been a community led movement to provide education and support around same sex domestic violence. Listed below are some examples of where this approach has proven effective. New South Wales As the leading LGBT health organisation in NSW, ACON has played a significant role in the response to SSDV. ACON offers support to victims of SSDV through its counselling and housing services, as well as awareness raising through its peer education groups. Most ACON programs have a component to them that promotes healthy LGBT relationships. ACON also plays a major role in the Same Sex Domestic Violence Interagency Working Group. The working group was formed in 2001 and exists to facilitate collaborative responses to SSDV by a range of government and non-government agencies. The Working Group includes representatives from the following agencies: ACON The Lesbian & Gay Anti-Violence Project NSW Police The NSW Attorney General's Department NSW Health South East Sydney & Illawarra Area Health Service Department of Community Services St Vincent's Hospital Community Health The Inner City Legal Centre Delores Women's Refuge St George Domestic Violence Counselling Service Relationships Australia DV Line

City of Sydney Council The role of the working group is to advise on the development, implementation and evaluation of an action plan that addresses SSDV issues identified by the Interagency. Some recent achievements of the working group include: In 2003, the development of a series of resources: a community awareness poster; a pamphlet; a larger, more detailed information booklet and a further booklet containing personal stories from those who had experienced SSDV. Thousands of these resources have been distributed across NSW since their development. (examples of these have been attached, along with an evaluation of the campaign) In 2004, the working group hosted a forum for stakeholders who work in the field of domestic violence. In 2005 the working group launched the SSDV website www.ssdv.acon.org.au this site continues to attract an average of 80 unique visitors each day. In 2006 the working group conducted a small scale research project at Mardi Gras Fair Day. The survey gathered information about the experience of domestic violence in same sex relationships. A report of the findings, Fair s Fair: A Snapshot of Violence and Abuse in Sydney LGBT Relationships 2006, was published and launched at the parliament of NSW by the Honourable Verity Firth, Minister for Women and the Honourable Lord Mayor of Sydney Clover Moore. (attached) In 2007 the working group hosted a one-day conference titled Same Sex Domestic Violence: Trends & Responses. Sixty people attended this conference from a range of disciplines. The working group intends to hold a similar conference in 2009. The working group also continues to host quarterly Interagency Education Forums as well as Clinical Reference Group meetings. This provides a bimonthly opportunity for service providers to network, share information and build their capacity to respond to SSDV. Consistently, more than 20 service providers attend these meetings. The working group has provided training to NSW Police, DV Line, Relationships Australia and the Gay & Lesbian Counselling Service on responding to SSDV. Western Australia In Western Australia the Same Sex Domestic Abuse Group (SSDAG) operates out of the Hepatitis Council and is funded by the Family and Domestic Violence Unit of the Department for Community Development. SSDAG recently secured funding from Criminal Property Confiscation Grants for the Attorney General s Department of Western Australia. This funding has allowed them to employ a staff member to further develop policy, programs and services. Victoria The ALSO Foundation in Victoria have produced 3 brochures on SSDV.

Queensland A community organisation, the Logan Youth and Family Service partnered with the Queensland Department of Communities to produce the booklet it happens, an information guide for LGBT people in abusive relationships. Barriers to Family Safety for Women and Children in Australia When people do seek support, they face further barriers, including: Fear of and actual discrimination from police, legal, medical, and support services Assumptions from mainstream services that DV only occurs in heterosexual relationships and the resulting mis-identification of SSDV (such as the belief that the violence is a mutual fight) Inaction or inappropriate action due to a reliance on a heterosexual model of DV (such as identifying which partner is the perpetrator) Lack of GLBT specific services and resources. Australian law discriminates against gays and lesbians in ways that impact on domestic violence. The fact that same sex relationships are not recognised under the law can cause financial stress. The lack of validation of these relationships and an absence of role models further contributes to feelings of alienation. Additionally, the Family Law Act (1975) does not allow non-biological parents any automatic legal right or responsibilities over a child. Although prevalence and types of abuse are similar to heterosexual relationships, lesbian and gay victims of domestic violence have vastly different experience accessing support. The Fair s Fair report noted that nearly 60% of lesbian and gay victims of domestic violence did not access any support. Suggestions to Reduce Domestic and Family Violence and Sexual Assault against Women and Children The National LGBT Health Alliance would like this National Plan of Action to include a commitment from the National Council to provide leadership in responding to SSDV at a National level. The National Council should acknowledge the community response to SSDV and provide an opportunity for those already working in the field of SSDV to come together to share their experiences and develop a National strategy to reducing the levels and impacts of SSDV. Existing work clearly demonstrates readiness for government services to participate in the response to SSDV, however this happens in an ad hoc way. We believe there

needs to be a widespread implementation of training and development programs around the unique aspects of SSDV for service providers and key agencies including police, local courts, magistrates, hospital staff and GPs. In keeping with the recommendations of the Fair s Fair report, the following are also recommended: Funding needs to be allocated for specific and specialised services in counselling, housing and emergency accommodation, court assistance, and sexual assault. Further work is required to raise awareness of same sex domestic violence within the LGBT communities, particularly amongst young people. Promotion of services is required among LGBT communities to increase awareness of appropriate support services. Further research is required on a national scale to further measure the prevalence and impacts of SSDV, as well as research on the impact on children in same sex families where domestic violence is present. Your Terms of Reference outline the following immediate key deliverables: White Ribbon Day education activities in rural and regional communities to promote culture-change around violence against women Respectful relationship resources for all Australian high schools. The Government will sponsor high school visits by community role models (such as White Ribbon Day Ambassadors) and experts to promote respectful relationships and the importance of not using violence Research into international best practice models for working with perpetrators of violence - to make them confront their violence and its impact on their partners and children. The National LGBT Health Alliance would welcome the inclusion of same sex relationships within these initiatives. For further information, please contact Ian Down, Research, Evaluation and Policy Officer, ACON. Telephone: 02 9206 2009. E-mail: idown@acon.org.au