Experiences of Abused Muslim Women With the Australian Criminal Justice System

Abstract

The confidence of intimate partner violence (IPV) survivors/victims in the criminal justice system (CJS) is important to consider when exploring intervention and prevention strategies toward deterring IPV. Information on the experiences of IPV survivors/victims with the justice system is greatly lacking. This issue is even more so for IPV survivors/victims for minority communities such as Australian–Muslims. The lack of cultural and religious sensitivity that many immigrant women experience with the CJS deters them from accessing the CJS. In addition, the contrast between the mediation processes in courts and those of religious requirements may make the mediation processes ineffective if they do not include the perpetrators in the mediation process. Furthermore, for many migrant women, their lack of knowledge about their rights under the Australian legal system renders them powerless to undertake active action against IPV in their relationships. Due to the lack of research on Muslim women’s experiences, it is difficult to ascertain how the justice system response can effectively address IPV issues for Australian Muslim women. It is therefore necessary to solicit Muslim women’s views and explore past experiences with the justice system to inform future reforms that will better meet the justice response needs of Muslim women in Australia. This article explores Muslim women’s positive and negative experiences with the justice system in response to their IPV victimization. It also investigates the constraints that have deterred Muslim women from seeking assistance from the Australian criminal justice system (ACJS), particularly in the reporting of intimate partner violence. The findings of this research give voice to Muslim women’s past experiences with the CJS. It is expected that the findings will influence practical outcomes that can facilitate strategies by the CJS to promote inclusiveness among Muslim women to increase their confidence in the CJS.<br/ ><br/ >Keywords: domestic violence, cultural contexts, disclosure of domestic violence, faith contexts, domestic violence and cultural contexts, legal intervention, and criminology<br/ >