This book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women's movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men's violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.
Heather Nancarrow is Chief Executive Officer of Australia's National Research Organisation for Women's Safety (ANROWS). She has 35 years' experience in research, policy and practice in the violence against women field, including extensive work with Indigenous Australian communities, whose experiences of violence and the criminal justice system feature in this book. She completed her PhD at Griffith University, Australia.
1. INTRODUCTION: THE PROBLEM IN CONTEXTThe problemFeminist theoryCritical race theory and intersectionalityNeo-colonial theoryThe contextPart 1: Australia's First Nations PeoplesPart 2: Civil domestic violence law and its operationWhat we know about Australia's domestic violence laws Expanding the prior body of knowledgeReferencesEndnotes2. CONCEPTUALISING INTIMATE PARTNER VIOLENCE Terminology and parametersDebates on the gendered nature of intimate partner violenceTypes of violenceCoercive control versus fightsPrevalence and impact of intimate partner violencePrevalenceImpact Indigenous Australian women and violenceTraditional cultural practicesNeo-colonial violenceReferencesEndnotes3. GENDERED ASPIRATIONS IN DOMESTIC VIOLENCE LAWViolence against women and feminist law reformCriminal law response to intimate partner violence Focus on physical violence A law to protect women from men's coercive controlThe Queensland Domestic Violence TaskforceThe Domestic Violence (Family Protection) Bill 1989 (Qld)Amendments to the Domestic Violence (Family Protection) Act 1989 (Qld)Missed opportunities 1989 - 2002Recent developments in defining domestic and family violence Summary and discussionReferencesEndnotes4. SEX AND RACE DIFFERENCES IN LAW'S APPLICATIONAnalysing sex and race differencesDemographicsRespondent history of orders and breachesHistory of orders as the aggrieved Case characterGroup profilesIndigenous menNon-Indigenous menIndigenous womenNon-Indigenous womenGroup comparisonsRespondent/perpetratorRespondent as aggrievedCase characterDiscussion of sex and race differencesReferencesEndnotes5. EXPLANATIONS OF INDIGENOUS VIOLENCE AND RECIDIVISMApproach to identifying explanatory themesFightsChaosLack of comprehensionDisadvantageFormulaic responseRace relationsSummaryReferencesEndnotes6. RECONCEPTUALISING TYPOLOGIES OF VIOLENCEMaterials and methodsDistribution of types of violence among the four groups Coercive controlFightsSex and race differences in the profilesReconceptualising coercive control and fightsCase studies: Reconceptualised typology of violence Coercive controlViolent resistanceFightsSummary and discussionReferencesEndnotes7. GENDERED AND RACIALISED POWER AND THE LAWLaw, implementation and patriarchal powerErroneous assumptionsFormulaic responsesRacialised power and intersectionalityFightsChaosFormulaic responseRace relationsRecent developments and proposals for changeCriminal law versus civil lawAn offence of coercive control and an alternativeSummaryReferences Endnotes8. CONCLUSIONS AND IMPLICATIONS Gendered aspirations and racialised realitiesAlternative justice strategiesStructural reform for violence preventionClosing comments EXPLANATORY NOTESAPPENDIX IAPPENDIX II