Australia
Allimant, Annabelle, and Beata Ostapiej-Piatkowski, ‘Supporting Women from CALD Backgrounds Who are Victim/Survivors of Sexual Violence: Challenges and Opportunities for Practitioners’ (Australian Centre for the Study of Sexual Assault Wrap No 9, Australian Institute of Family Studies, 2011).
This publication identifies specific personal barriers for women from CALD backgrounds: failure to recognise sexual violence; physical and emotional isolation; cultural barriers such as spiritual beliefs, rituals, traditions and world-views; fears about breaches of confidentiality; residency status; and access to income support. Additionally, it notes systematic barriers for women from CALD backgrounds: language barriers; lack of informed understanding; racism and discrimination. The paper identifies particular issues for those from countries where the laws or culture do not recognise a woman’s right of control over her body.
AMES Australia and Department of Social Services (Cth), Violence against women in CALD communities: Understandings and actions to prevent violence against women in CALD communities (AMES Australia and Department of Social Services (Cth), 2016).
This report focuses on preventing violence against women in CALD communities. It summarises the outcomes of a project focusing on the primary prevention of violence against women in CALD communities. Factors contributing to violence in CALD communities include: unequal and disrespectful relationships between men and women, and rigidly stereotyped gender roles and identities; factors that support the learning of violent behaviour and permit violence to occur with impunity; and factors that intersect or interact with gender inequality to shape particular patterns of violence or increase the risk of violence occurring (e.g. poverty) (p.8). Specific factors relevant to understanding violence against women in CALD communities are summarised in Table 1 (pp.9-10).
Australian Institute of Health and Welfare (2024), Family, Domestic and Sexual Violence: People from Culturally and Linguistically Diverse Backgrounds
This resource brings together information from a variety of sources. Some is quoted below, see the resources for references to relevant research.
‘While cultural and linguistic diversity is not an explicit indicator of disadvantage or risk, many people from culturally and linguistically diverse (CALD) backgrounds may experience increased exposure to risk factors or heightened barriers to seeking support. Contributing factors may include recent displacement, temporary and dependent visa status, language barriers, or lack of community support and networks.’
The 2021-22 PSS estimated that, in the two years prior to the survey, of women born overseas:
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2.1% of those born in non-main English speaking countries (N-MESC) had experienced sexual violence compared with 2.0% of those born in MESC and 3.4% of women born in Australia
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1.0% experienced physical and/or sexual violence by a cohabiting partner (partner violence) compared with 2.1% of women born in Australia
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4.6% of those born in N-MESC had experienced emotional abuse by a cohabiting partner (partner emotional abuse) compared with 5.4% of those born in MESC and 5.6% of women born in Australia
(Note: care needed with these statistics, see original source)
Pre-migration experience
‘Immigrants may be particularly affected by recent arrival to an unfamiliar country. Some immigrants, particularly refugees, are also at increased risk of migration-related trauma. For example, some refugees may have experiences of war, torture and other traumatic pre-arrival experiences, including FDSV. These experiences of violence can affect a person’s mental health, including their ability to cope in a new environment and developing post-traumatic stress, and can worsen family functioning issues during re-settlement.’
Visa status
‘People from CALD backgrounds on temporary visas may face additional challenges in seeking help for FDSV. Victim-survivors on a temporary visa may be dependent on a violent partner for residency and may not disclose violence due to the fear they may be deported. Conditions of temporary visas can result in social isolation due to, for example, restrictions to accessing employment and housing. Isolation may be further heightened for those who do not speak English or drive. Moreover, temporary visa holders are often unable to access social support such as income support and healthcare (e.g. through Medicare), as eligibility is limited to people with permanent residency or citizenship status.’
Barriers to support
‘Aside from visa-related barriers, people from CALD backgrounds may face other difficulties accessing support for FDSV, such as:
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lack of CALD-specific information (for example, related to gender equality and violence, service availability, or legal rights and entitlements)
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language and communication barriers
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fear and distrust of authorities due to pre-settlement experiences
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community norms that discourage disclosure, acknowledgement and intervention of violence within relationships
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community belief that family and domestic violence issues should be dealt with within the family unit.’
Borges Jelinic, Ana (2020) ‘Australia’s Family Violence Provisions in Migration Law: A Comparative Study’ Flinders Law Journal 259
From abstract: ‘Australia provides legal pathways to permanent residency for migrant partners of Australian nationals that separate due to family violence, through the Family Violence Provisions. These provisions have been shown to be insufficient to address the issues of safety and fairness for migrant partners. The implementation of these provisions can also furhter harm the same population the provisions were created to protect. This article provides an examination of partner visa laws in Australia, their history and current limitations.’
Department of Social Services, Hearing her voice: report from the kitchen table conversations with culturally and linguistically diverse women on violence against women and their children 2015, Commonwealth of Australia (Department of Social Services).
Drawing on 29 ‘kitchen conversations’ with women from 4 different ethnic groups, this report focuses on 11 interrelated issues and themes which were identified as specific to CALD women and communities:
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Understanding Australia’s laws, rights and cultural norms and new arrivals.
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Gaining familiarity with and knowledge of support services.
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Enhancing the availability and accessibility of support services.
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Resolving immigration status and eligibility for support services and payments.
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Reducing women’s isolation and promoting community participation.
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Recognising cultural beliefs and norms about gender and marriage.
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Building the capacity of community and religious leaders.
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Raising professional standards in interpreting and translation.
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Improving police interventions.
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Engaging and educating CALD men to inspire behaviour change.
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Recognising the intersectionality of issues for CALD women.
Douglas, H. Women, Intimate Partner Violence and the Law (2021; OUP).
This text explores the results of an interview study involving interviews with 65 women who had experienced domestic and family violence over three years. See chapter 3: Most women reported that the most difficult form of abuse they dealt with were forms of non-physical abuse, especially emotional abuse. Many women identified that non-physical abuse deeply impacted on their sense of self and freedom, and that it continued to affect them for years. Other forms of non-physical abuse that were also highlighted by the women included abusive tactics targeting their role as a mother, isolation within the relationship, financial abuse. The women in the study highlighted the particular impacts of non-physical forms of abuse, including isolation, financial abuse and threats about their visas, for women from culturally and linguistically diverse backgrounds especially those women with insecure visa status.
El-Murr, Alissar, Intimate partner violence in Australian refugee communities (CFCA Paper No. 50 – December 2018, Australian Institute of Family Studies).
This paper looks at what is currently known about intimate partner violence in Australian refugee communities, including the forms of IPV most commonly experienced; contributing factors, such as traumatic pre-arrival experience and acculturation stress; and the barriers women from refugee backgounds face in reporting IPV and seeking help.
The paper also looks at what service providers can do to ensure appropriate support is available to this client group. The three services (organisations of importance to refugee communities in Queensland, Western Australia and Victoria) consulted for this paper had developed response strategies to engage and support women from refugee backgrounds, and these provided real-life case studies of promising service practice. The range of responses is underpinned by principles of trauma-informed care.
Elhelw, S (2024) ‘Where intersectionality and multiculturalism meet: Australian Muslim women’s experiences of domestic and family violence, Violence Against Women, [online first] doi: 10.1177/10778012241254850
Drawing on interviews with 20 Australian Muslim women who experienced DFV, this article concludes (among other things): ‘A key theme throughout interviews is the notable gap in responding to cultural and religious needs. Starting with mainstream gendered services, the participants recounted instances of cultural insensitivity and highlighted the inherent limitations of these services. The services were limited in the extent to which they could relate on a cultural level; they could not address religious needs such as with Islamic divorce processes or providing spiritual guidance. However, faith and cultural communities also did not meet Muslim women’s cultural and religious needs. While the effects of positive interventions from faith communities were profound, these positive experiences were not widespread or consistent. The paucity of culturally tailored professional services, particularly multicultural services and services delivered by individual professionals from similar cultural backgrounds, meant many women were unable to access supports that could holistically meet their needs.’
Fisher, C. et al. (2020). Best practice principles for interventions with domestic and family violence perpetrators from refugee backgrounds (2020). Sydney: ANROWS.
This Western Australian project involved: literature review; in-depth interviews with 20 men and 20 women from refugee backgrounds, including men who had perpetrated and women who had experienced domestic and family violence (countries of birth were Burma, Afghanistan, Sudan, Iraq and Iran); and two focus groups with service providers working in men’s behaviour change programs, women’s services, women’s health, refugee services and domestic and family violence services.
It developed a set of best practice principles for interventions with men from refugee backgrounds who use domestic and family violence.
Flood, Michael, ‘Engaging Men From Diverse Backgrounds In Preventing Men’s Violence Against Women’ (Paper presented at Stand Up! National Conference on Eliminating All Forms of Violence Against CALD Women, Canberra, ACT, 29-30 April 2013).
In this paper, the author explores intersections of gender, difference, and violence against women, focusing on men from diverse backgrounds. Relevantly, the author discusses the ways in which men from different social locations do not benefit from patriarchy equally, and that ‘Particular groups of men may be both oppressed and oppressing, e.g. in oppressive relations with women’ (p3). He goes on to discusses how ‘Experiences of immigration and resettlement shape men’s experiences of violence’ (p7), and how to engage CaLD men in the prevention of violence (from p8).
Henry, N, Vasil, S, Flynn, A, Kellard, K & Mortreux, C 2021, ‘Technology-Facilitated Domestic Violence Against Immigrant and Refugee Women: A Qualitative Study’, Journal of interpersonal violence, p. 8862605211001465.
Abstract: Digital technologies are increasingly being used as tools for the perpetration of domestic violence. Little empirical research to date has explored the nature and impacts of technology-facilitated domestic violence (TFDV), and even less attention has been paid to the experiences of immigrant and refugee women. This article examines the nature and impacts of TFDV as experienced by immigrant and refugee women. Drawing on interviews with 29 victim-survivors and 20 stakeholders, we argue that although immigrant and refugee women may experience TFDV in similar ways to non-immigrant and refugee women, they face unique challenges, such as language barriers, cultural bias from support services, lack of financial resources, lack of trust in state institutions, and additional challenges with justice and migration systems. Immigrant and refugee women also face multiple structural layers of oppression and social inequality. Accordingly, we argue that a multifaceted approach is required to address TFDV that includes culturally sensitive and specific law reform, education, and training.
Ibrahim, N. (2022) Experiences of abused Muslim women with the Australian criminal justice system. 37 (3-4) Journal of Interpersonal Violence NP2360-NP2386. doi: 10.1177/0886260520935487
The article provides a literature review of Muslim women’s experiences with the Australian justice system (ACJS). It then reports on 10 in-depth interviews conducted by the author with Muslim women who had experienced IPV to identify the barriers for women in contacting the police for help for the violence experienced. The findings of the study indicate that barriers faced by the interviewees are clustered into victim/survivor related, family, community, and systemic related barriers (pNP2376). At an individual level, the reasons why abused Muslim women did not access the CJS were related to fear, lacking self-confidence, language barriers, financial dependence, and lack of knowledge about the CJS which is consistent with previous research (pNP2377). Often abused Muslim women who were isolated as migrants especially if they did not have any extended family in Australia, found it difficult to access the ACJS (pNP2377). At the community level findings indicated that culturally prescribed roles, community pressure, social stigma, fear of negative stereotyping of the community, and uncertainty of faith understandings of IPV deters abused Muslim women from seeking the ACJS for assistance (pNP2378). At the system level issues of distrust, cultural and religious sensitivity and lack of knowledge of rights were relevant (pNP2379).
Mitra-Kahn, Trishima, Carolyn Newbigin and Sophie Hardefeldt, Invisible women, invisible violence: Understanding and improving data on the experiences of domestic and family violence and sexual assault for diverse groups of women: State of knowledge paper (ANROWS, 2016).
This paper establishes the state of knowledge about the experiences of domestic and family violence and sexual assault against women from diverse groups, including women with disabilities. It highlights the way that, for women with disability, access to support services and justice responses can be limited by social and physical environmental barriers, as well as a lack of appropriate educational resources on rights and seeking assistance (pp 26-27). Being disbelieved is a further and fundamental barrier for women with disabilities. Access to justice can be hindered by, for example, women being assessed as legally incapable to give evidence, being unable to access communication aids or interpreters, and having perpetrators of serious crimes against them going unprosecuted (p 27).
Pittaway, Eileen, and Rebecca Eckert, ‘Domestic Violence, Refugees and Prior Experiences of Sexual Violence: Factors Affecting Therapeutic and Support Service Provision’ in Zannettino, Lana, et al (eds), Improving Responses to Refugees with Backgrounds of Multiple Trauma: Pointers for Practitioners in Domestic and Family Violence, Sexual Assault and Settlement Services (Practice Monograph 1, Australian Domestic & Family Violence Clearinghouse, 2013).
Discusses the need for support service providers to understand the pre-arrival experiences of refugees, which is characterised by high levels of violence. Notes a need for cultural sensitivity, and knowledge about increased vulnerability of refugee women as a result of past trauma, anxiety, guilt and shame about family and friends left behind (esp. p 11). In relation to perpetration of domestic violence, pp11-12 may be of relevance, noting that while the gendered nature of domestic violence transcends culture, ‘For many refugees who come to Australia from protracted refugee situations, their cultural heritage is also complicated by an overlay of ‘refugee culture’, built up over years in refugee sites in countries of asylum’ which protects traditional norms of family and community.
Rees, Susan and Bob Pease, Refugee Settlement, Safety and Wellbeing: Exploring Domestic and Family Violence in Refugee Communities (VicHealth, 2006).
This paper, part of the Violence Against Women Community Attitudes Project, explores a variety of aspects of domestic and family violence in refugee communities. It explores the application of intersectionality to both understanding and responding to men’s violence against women from p18, emphasizing that ‘Intervention strategies against domestic and family violence in refugee communities need to both ensure that they don’t reinforce cultural values that tolerate violence against women and simultaneously be mindful of not undermining cultural differences that can promote wellbeing and enhance settlement’ (p3). Pp4-5 summarise the key findings of the report on the interrelation between men and women refugees’ settlement experiences and patriarchy, including the effects of isolation, unemployment, trauma and alienation, gender roles and cultural change on domestic and family violence experiences and perpetration.
Satyen, L., Bourke-Ibbs, M., and Rowland, B. (2024) ‘A global study into Indian women’s experiences of domestic violence and control: The role of patriarchal beliefs, Frontiers in Psychology 15, doi: 10.3389/fpsych.2024.1273401
Abstract (extract): Domestic violence (DV) is a serious and preventable human rights issue that disproportionately affects certain groups of people, including Indian women. Feminist theory suggests that patriarchal ideologies produce an entitlement in male perpetrators of DV; however, this has not been examined in the context of women from the Indian subcontinent. This study examined Indian women’s experiences of abuse (physical, sexual, and psychological) and controlling behaviour across 31 countries by examining the relationship between the patriarchal beliefs held by the women’s partners and the women’s experience of DV. This study uses an intersectional feminist framework to examine the variables... The findings of this study highlight the need to engage with men in Indian communities through culturally-tailored intervention strategies designed to challenge the patriarchal ideologies that propagate, justify and excuse DV.
Segrave, Marie ‘Temporary Migration and Family Violence: An analysis of victimisation, vulnerability and support’ (Monash University, 2017)
The paper discusses the importance of temporary migration status in the context of family violence. Uncertainty of migration status creates leverage for violence and control, and also impacts victims’ access to support and services. The project aimed to comprehensively review family violence cases, managed by InTouch Multicultural Centre Against Family Violence, that involve women victims-survivors of family violence whose migration status was temporary at the time of their initial contact with the organisation. This report draws on the analysis of 300 client case files from InTouch that were closed over 2015-16. The findings provide the foundation for various interventions and improved responses for this group of women, and points to other critical issues that extend beyond temporary migration, such as the overlap of family violence and forms of coercion and abuse that are akin to Commonwealth slavery and trafficking offences. Further, the report proposes recommendations on how to ensure that migration status does not affect responses to family violence and how to support victims of family violence who seek assistance.
Segrave, M and Pfitzner, N (2020) Family violence and temporary visa holders during COVID-19, Monash University.
Abstract: This study captures the immediate needs, contexts and circumstances of 100 women who held temporary visas and sought the support of in Touch Multicultural Centre Against Family Violence due to their experience of family or domestic violence during the first lockdown phase (from the declaration of a State of Emergency across Victoria on 16 March to 31 May 2020).
The report found that the impact of COVID 19 intensified the impact of the exclusion of temporary visa holders experiencing family violence from safety and support mechanisms. The report makes a number of recommendations for reform of migration and protection order legislation and service and support (see pp8-9).
There is also a technical report of the findings of this study: Segrave, Marie; Wickes, Rebecca; Keel, Chloe (2021): Migrant and Refugee Women in Australia: The safety and security study, Technical Report. Monash University. Report. The Technical Report offers a detailed account of the design and survey approach utilised for the 2020 Migrant and Refugee Women’s Safety and Security Study, undertaken in partnership by Monash University and Harmony Alliance. This report is designed to sit alongside the findings in the major report, but provided technical details about the survey for future research use.
Taylor, Natalie, and Judy Putt, ‘Adult Sexual Violence in Indigenous and Culturally and Linguistically Diverse Communities in Australia’ (2007) 345 Trends and Issues in Crime and Criminal Justice 1.
This paper reports on findings from a study investigating sexual violence and people from CALD backgrounds. The paper reports on a focus group of 268 CALD women (pp 2-3): many of the women stated that they believed rape could not occur within marriage since the marriage contract implied consent; sexual violence is not discussed among members of such communities, especially when occurring within marriage; and there were varying levels of awareness about sexual violence being a crime in Australia. Interviewed support workers identified a number of factors which seemed to increase the risks of sexual violence towards CALD women: lack of family ties in Australia, pregnancy and social isolation; lack of permanent residency and fear of deportation if she does not cooperate with her partner; poor police and legal responses to requests for assistance; lack of awareness of rights; sense of obligation to stay; cultural traditions of male dominance; little community knowledge of the rights of victims/survivors of sexual violence; socioeconomic disadvantage due to unemployment, poverty etc. and cultural stereotypes
Tayton, Sarah, et al, ‘Groups and Communities at Risk of Domestic and Family Violence: A Review and Evaluation of Domestic and Family Violence Prevention and Early Intervention Services Focusing on At-Risk Groups and Communities’ (Report, Australian Institute of Family Studies, 2014).
This report sets out the findings of research into domestic and family violence (DFV) prevention initiatives focused on groups and communities identified as being at greater risk of experiencing DFV and/or having difficulty accessing support services. It finds that CALD women are particularly likely to lack information or be financially marginalised compared to other women (p 24). It notes that the CALD community is significantly diverse, including ‘refugees and asylum seekers, newly arrived migrants on temporary or permanent visas, people from well-established communities and international students’ (p 26). It identifies that cultural issues and immigration intensify complexities associated with Domestic and Family Violence in the form of compounding factors including: isolation from established family and social support networks; language barriers; a lack of knowledge about legal rights and financial support services; fear of deportation or visa cancellation; high dependence on partners; lack of employment or occupational skills; “traditional” ideas about the role of women; cultural stigma; fear and/or distrust of the police; limited availability of culturally appropriate services (p 27).
Of some relevance to responding to perpetration of domestic and family violence in CALD communities, section 6.3 ‘CALD Women’ (from p50) discusses effective prevention practices in CALD communities generally. While aimed at community-level initiatives, it notes some relevant considerations that may need to be made, such as the need to educate men and communities ‘as a whole’ (p51), and briefly highlights ‘The complexity of dealing with the impact of trauma for both victims and offenders, particularly in relation to refugees: “Perpetrators have also been victims.”(Roundtable participant, NSW).’ (p52)
Ussher, J. et al. Crossing the line: Lived experience of sexual violence among trans women from Culturally and Linguistically Diverse backgrounds in Australia (2020) Sydney: ANROWS
The key findings of this study are that:
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There are positive implications for trans women’s overall health and wellbeing when trans women feel included and accepted;
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Trans women of colour from CALD backgrounds, as well as women who identify as lesbian, bisexual or queer, may experience additional prejudice and discrimination due to the intersection of gender, sexuality, social class, race and religion;
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Support in gender transitioning, through facilitation of access to hormone therapy, reduces the risk of transphobic violence; and
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CALD trans women’s experiences of gender-based sexual violence are comparable with those of non-CALD trans women and cisgender women, however trans women also experience transphobic violence.
The study’s recommendations are to:
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Conduct further awareness-raising and education for healthcare providers, legislators, police and policymakers, as well as the general public, in relation to transgender experience and gender transitioning;
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Challenge societal attitudes which support, condone or trivialise sexual violence against women, including violence against trans women; and
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Ensure policy and practice documents and clinical guidelines use language that is inclusive of gender and sexuality diversity when discussing sexual violence against women.
Vaughan, Cathy, et al, ‘Promoting Community-Led Responses to Violence against Immigrant and Refugee Women in Metropolitan and Regional Australia: The Aspire Project’ (State of Knowledge Paper 7, Australia’s National Research Organisation for Women’s Safety Landscapes, October 2015).
This state of knowledge paper examines a broad range of national and international research to present the current knowledge about family violence against immigrant and refugee women. While the paper identifies critical evidence on the topic, it acknowledges that much of the available literature has methodological issues, including incomplete and inconclusive prevalence data; small sample sizes; and conceptualising family violence in ways that are not recognised by immigrant and refugee communities.
The paper finds:
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Overall immigrant and refugee women report similar forms of family violence as women from non-immigrant backgrounds, however there are some differences in the types of violence experienced and the structural contexts where it takes place.
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The constraints produced by immigration policies are of significant concern, where women depend on perpetrators for economic security and residency rights.
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Many immigrant and refugee women are motivated to resolve family violence without ending relationships and breaking up families, for reasons including immigration concerns and family and community pressures.
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There is scant evidence that the increase in criminal justice responses to family violence, such as “mandatory arrest” and “pro-prosecution” approaches, are helpful for immigrant women, and may deter them from seeking assistance in crisis situations.
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In relation to perpetration of domestic violence by men from CALD backgrounds, ‘Engaging men and boys (p41) is of most relevance, exploring effective prevention strategies and engagement.
Vaughan, Cathy, et al., Promoting community-led responses to violence against immigrant and refugee women in metropolitan and regional Australia. The ASPIRE Project—Research report (ANROWS, 2016).
This research reports on interviews (n46, n33 in Victoria and n13 in Tasmania) conducted with immigrant and refugee women who had experienced family violence, 46 interviews with a total of 57 key informants (three small group interviews took place) from a range of services, and workshops.
Key findings included:
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Experience of immigration (in particular, visa class), shaped women’s experiences of violence (pp 25-32): this included reinforcing dependency on the abuser, or visa restrictions limiting access to employment, social security, housing, health care, child care, and eduction. It also included experiences pre-arrival to Australia, including trauma and violence.
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There were a range of social, religious, and personal values that contributed to normalising violence (for example, the dominance of men), however, participants did not attribute violence to the cultural context, and in some circumstances, family and community members were important avenues of support (pp 32-37).
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Service providers described under-resourcing as limiting capacity to meet the intensive support needs of immigrant and refugee women; this was particularly exacerbated in regional areas (pp 39-40).
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Women reported violence perpetrated by their male partners but also in some cases by extended family. This included physical, sexual, emotional, psychological, and financial abuse, as well as religious abuse, reproductive control, social isolation, and immigration-related violence (pp 46-52).
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Problems with communication with services and in court were commonly reported, including unprofessional and dangerous interpreter behaviour. This was worsened with limited availability of interpreters in regional areas. Interpreters also reported challenges such as vocabulary limitations and taboos, feeling a sense of responsibility for the client’s safety, and vicarious trauma (pp 66-70; see also pp 64-71).
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Assistance was most commonly sought at a point of crisis, although many women made multiple attempts to address the perpetrator’s behaviour before this point, including disclosures that had led to inadequate responses (pp 55-62).
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While women reported mostly positive experiences with services, there was still reported difficulties in accessing the services, and some women felt pressured to make important life-changing decisions quickly, while negotiating communication barriers, and while holding limited information about their rights and options (pp 72-74).
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Some women had positive experiences with police, but many reported feeling dismissed, disbelieved, blamed, and discriminated against (pp 74-77).
Specifically in relation to court processes, the report found that:
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The most commonly reported positive experience in court was the support provided by a court support worker. Women without court support described feeling isolated and unsafe, not understanding court processes or procedures, and not receiving information about family violence or legal services (p 77).
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Women reported being abused by perpetrators through the family law system, and through cross-applications for protective orders (pp 77-78).
Vidal, Laura, Opportunities to Respond to Forced Marriage within Australia’s Domestic and Family Violence Framework, Issues Paper, 2019, Good Shepherd.
Currently in Australia, responses to the practice of forced marriage are heavily embedded within a criminal justice framework. This paper considers whether there are opportunities to prevent and respond to forced marriage within existing and more holistic domestic and family violence laws and policies instead. It discusses the relationship between forced marriage and family violence, the drivers and impacts of forced marriage, the gendered nature of family violence and forced marriage, policy and legislative responses, general trends in legislative responses, existing intervention orders, and the proposed forced marriage protection order scheme. A table noting where forced marriage is recognised within current Commonwealth and state and territory legislation is included as an appendix.
Zannettino, Lana, ‘Refugees, Sexual and Domestic Violence and Prior Experiences of Trauma: Introduction and Context’ in Zannettino, Lana, et al (eds), Improving Responses to Refugees with Backgrounds of Multiple Trauma: Pointers for Practitioners in Domestic and Family Violence, Sexual Assault and Settlement Services (Practice Monograph 1, Australian Domestic & Family Violence Clearinghouse, 2013).
This research identifies that within the refugee context, several compounding issues are identified as being relevant in the domestic abuse context, including heightened gender inequality resulting from external pressures that lead to more extreme cultural practices concerning women and girls than in the traditional society; and men’s traditional identities and roles being threatened by their experience of trauma and persecution, and time they spend in refugee camps, which they suggest results in an increase in violent behaviour. This can also be exacerbated by symptoms of post-traumatic stress disorder and other psychological problems (esp. p 7). Furthermore, in understanding the perpetration and experience of violence by refugees, the authors emphasise the need to understand the intersectionality of gender oppression with other factors such as race, ethnicity, sexuality and class, and that ‘This means that strategies for violence prevention need to acknowledge culturally-specific factors in particular communities rather than attributing blame to a particular culture for violence’ (p8).
International
Alsinai A, Reygers M, DiMascolo L, Kafka J, Rowhani-Rahbar A, Adhia A, Bowen D, Shanahan S, Dalve K, Ellyson AM. Use of immigration status for coercive control in domestic violence protection orders. Front Sociol. 2023 Apr 28;8:1146102. doi: 10.3389/fsoc.2023.1146102. PMID: 37188152; PMCID: PMC10175620.
Abstract: In the context of domestic violence (DV), immigration-related circumstances can be exploited by an abuser to coerce and manipulate their partner. Using an intersectional structural framework, we examine how social structures overlaid with immigration-specific experiences operate to further enhance opportunities for abuse against immigrant women. We conducted a textual analysis to identify how socially constructed systems interact with a victim-survivor's immigration status to introduce more tools for abusers to engage in coercive control and/or acts of violence in a random sample of petitioners (i.e., victim-survivors) who were granted a Domestic Violence Protection Order (DVPO) in King County, WA (n = 3,579) from 2014-2016 and 2018-2020. We hand-reviewed textual petitioner narratives and identified n = 39 cases that discussed immigration-related circumstances and related acts of violence and coercion. These narratives included threats to contact authorities to interfere with an ongoing immigration process, deportation threats, and threats that would separate families. In many cases, petitioners indicated that immigration-related threats prevented them from leaving the violent partner, seeking help, or reporting the abuse. We also found mention of barriers for victims to receive protection and gain autonomy from further abuse including a lack of familiarity with US protections and laws, and restrictions on authorizations to work. These findings demonstrate that structurally created immigration-specific circumstances provide opportunities for threats and retaliation against victim-survivors by abusers and create barriers to seeking help initially. Policy should respond to anticipate these threats in the immigrant community and engage early responders (e.g., healthcare providers, law enforcement) to support victim-survivors from immigrant communities.
Cimino, A., Yi, G., Patch, M., et. al., ‘The Effect of Intimate Partner Violence and Probable Traumatic Brain Injury on Mental Health Outcomes for Black Women’ (2019) Journal of Aggression, Maltreatment & Trauma (online first).
Severe intimate partner violence (IPV) can result in traumatic brain injury (TBI), cognitive impairment, and mental health disorders, such as depression and PTSD. The purpose of this study is to examine the relationship between IPV, injuries associated with TBI (a loss of consciousness from a blow to the head and/or strangulation), and their effect on mental health disorders among Black women, who experience higher rates of IPV and greater mental health burden than White and Latina women. The study examined data on 95 Black women with a history of abuse, such as IPV, forced sex, and childhood maltreatment. Results showed that approximately one-third of women had probable TBI. 38% were hit on the head, 38% were strangled to unconsciousness, and 25% were strangled and hit on the head. A significant percentage of abused Black women who sustained probable TBI injuries were found to have a greater chance of experiencing comorbid PTSD and depression. These results highlight a need for healthcare professionals to assess women who lost unconsciousness due to IPV for TBI, and allow referrals to IPV interventions and mental health treatment.
Mederos, Fernando, Accountability and Connection with Abusive Men: A New Child Protection Response to Increasing Family Safety (Family Violence Prevention Fund (US), 2004).
Although directed at child protection workers, ‘Chapter 2 highlights some of the racial, cultural and socio-economic factors that will be relevant to working with perpetrators of violence and attempts to deconstruct some of the myths surrounding the nature of violence in non-Caucasian communities.’ The chapter notes that, ‘In each culture, there are values, traditions and practices that facilitate abusive and coercive relationships, and there are also values, traditions and practices that support and promote functional and respectful relationships’ (p11). It also highlights that ‘Culturally-based explanations or excuses for violent behavior should not be used as primary indicators of dangerousness or of capacity to change, since cultural origin is not a predictor of capacity for violence’ (p11).
Rossiter, KR. et al., ‘Domestic Homicide in Immigrant and Refugee Populations: Culturally-Informed Risk and Safety Strategies’ (Canadian Domestic Homicide Prevention Initiative, Domestic Homicide Brief 4, February 2018).
The purpose of this Briefing Paper is to highlight risk assessment, risk management, and safety planning for immigrant and refugee populations. The paper provides definitions of key terms, such as ‘migrant’, ‘protected persons’ and ‘permanent residents’. It also identifies unique risk factors for domestic homicide, using the Immigrant Power and Control Wheel (p6). The authors highlight the importance in recognising that ‘domestic violence and homicide among immigrant and refugee populations are not rooted specific in cultures, but in patriarchy’ (p 5). The authors identify several factors that contribute to increased risk of domestic violence and homicide among immigrant and refugee populations (p4):
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Acculturation level
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Cultural norms and expectations
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Geographic and social isolation
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Length of residency in host country
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Loss of socioeconomic status
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Loss of culture, family structures and community leaders
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Power imbalances between partners
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Stress associated with migration
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Post-migration strain and stigma
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Strict or changing gender roles
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Traditional patriarchal beliefs
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Unresolved pre-migration trauma
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Victim/survivor immigration status
Barriers to services for immigrant and refugee women are addressed, along with the need for culturally-informed strategies for risk assessment, risk management, and safety planning. Examples of culturally-specific risk assessment tools are provided.
Tabibi, J., Ahmad, S., Baker, L., and Lalonde, D., ‘Intimate Partner Violence Against Immigrant and Refugee Women’ (Learning Network, Issue 26, Ontario: Centre for Research & Education on Violence Against Women & Children, 2018).
This paper provides a summary of the particular issues associated with intimate partner violence (IPV) against immigrant and refugee women. It examines the types of IPV, considers the risk factors and vulnerabilities concerning IPV, highlights the barriers victims face when seeking safety and accessing services and support, and shares recommendations for successful violence prevention initiatives. Immigrant and refugee women who experience IPV encounter many obstacles to disclosing and reporting abuse, and accessing support services and legal processes. Obstacles include economic exclusion, fear of deportation, discrimination and racism within the service delivery system, lack of coordinated services, geographic, social and cultural isolation, and a lack of culturally and linguistically appropriate services. Recommendations for the support of victims and for implementing meaningful prevention initiatives for immigrant and refugee communities may be found on pages 9-11.
Australian research in recent years reveals the depth and severity of the problems culturally and linguistically diverse (“CALD”) women face. There is no single factor that puts CALD women at a greater risk of both experiencing abuse, and being less able to see redress for it. Rather, a raft of factors may intersect, each compounding the other.
Women from CALD backgrounds and communities may primarily speak a language or multiple languages other than English. They may hold religious or cultural beliefs about gender roles and behaviours, particularly within marriage, that are inconsistent with speaking out about violence perpetrated against them and their children or with seeking legal redress. They may have come from circumstances of war or civil unrest where they have personally experienced violence, rape or sexual assault without redress or any expectation of redress. These factors, and the range of other cultural, linguistic, economic, and social factors associated with resettlement in a new country, heighten the challenges and barriers for CALD women who experience domestic and family violence, especially when they engage with the legal system to secure the protection of themselves and their children, and to seek legal redress.
Overall, CALD women report similar forms of domestic and family violence to other women. However, the impact of violence is exacerbated by the stressors of the migration experience generally, and the constraints of visa status, which may increase women’s dependency on perpetrators for economic security and residency rights. Perpetrators in these circumstances are able to use misinformation about women’s visa status and threats of deportation and the removal of children as further means of control. For these reasons, CALD women tend to endure domestic and family violence for prolonged periods before seeking help and, as a consequence, risk negative physical and mental health effects. CALD women are also highly motivated to resolve domestic and family violence without ending relationships and breaking up families, for a range of reasons including immigration concerns and family and community pressures.
For example, a woman with only temporary immigration status may not be eligible to work, may have no access to income support, health care or other public benefits, and may be legally, economically and socially dependent on her abusive partner. This forced dependency is likely to intensify if the woman has poor English literacy, is caring for children, is isolated from family and social support networks, or faces threats from her abusive partner that she and her children will be deported if they leave the abusive relationship. These vulnerabilities are aggravated if the woman also experiences discrimination, disability, physical or mental illness, lack of education and other barriers to her wellbeing.
Whilst the Commonwealth Migration Regulations 1994, in the case of certain visas, exempt a woman from having to stay in an abusive relationship for two years before being eligible to apply for permanent residency, there are complex processes and evidentiary requirements that must be satisfied. A CALD woman who fears deportation or visa cancellation may also fear engaging with the police or other authorities, and may remain in the abusive relationship rather than suffer the stress and anxiety of seeking legal redress.
In addition to the issues specific to immigration status, CALD women may for cultural or religious reasons be reluctant to seek help for the domestic and family violence. They may feel shame in speaking openly about the violence. They may be unaware of their legal rights and unable to access linguistically appropriate information. They may be unwilling to disclose their circumstances to interpreters and counsellors who may sometimes be inadequately trained. Interpreters for particular dialects may not be available, and in small communities, the woman may know the interpreter and she may fear a lack of privacy and confidentiality. If counselled to leave the abusive relationship, CALD women may feel unable to face the cultural repercussions, which may include being ostracised from their family and community.
The range of compounding factors may substantially delay a CALD woman from seeking help from legal or health services or the police, which may over time increase the risk of serious harm or death to the woman and her children. In the event that a CALD woman does report domestic and family violence, these factors may present as significant obstacles in her engagement with service providers and with police, legal and judicial processes. For example, as a result of experiences in her country of origin she may be mistrustful of authority and may need additional support in engaging openly and constructively with these processes. Furthermore, access to appropriate interpreters at a cost the woman can afford is likely to be critical to her fair treatment and hearing.
Research indicates that whilst cultural origin is not a predictor of a capacity for violence, the perpetration of domestic and family violence in the CALD context should be considered having regard to surrounding circumstances and factors, including: the impact of protracted stays in refugee camps and related experiences of high levels of tension and violence; the effects of isolation, unemployment, trauma, alienation and cultural change; and cultural communities’ expectations of conformity with cultural norms and traditional gender roles.
Australian research in recent years reveals the depth and severity of the problems culturally and linguistically diverse (“CALD”) women face. There is no single factor that puts CALD women at a greater risk of both experiencing abuse, and being less able to see redress for it. Rather, a raft of factors may intersect, each compounding the other.
Women from CALD backgrounds and communities may primarily speak a language or multiple languages other than English. They may hold religious or cultural beliefs about gender roles and behaviours, particularly within marriage, that are inconsistent with speaking out about violence perpetrated against them and their children or with seeking legal redress. They may have come from circumstances of war or civil unrest where they have personally experienced violence, rape or sexual assault without redress or any expectation of redress. These factors, and the range of other cultural, linguistic, economic, and social factors associated with resettlement in a new country, heighten the challenges and barriers for CALD women who experience domestic and family violence, especially when they engage with the legal system to secure the protection of themselves and their children, and to seek legal redress.
Overall, CALD women report similar forms of domestic and family violence to other women. However, the impact of violence is exacerbated by the stressors of the migration experience generally, and the constraints of visa status, which may increase women’s dependency on perpetrators for economic security and residency rights. Perpetrators in these circumstances are able to use misinformation about women’s visa status and threats of deportation and the removal of children as further means of control. For these reasons, CALD women tend to endure domestic and family violence for prolonged periods before seeking help and, as a consequence, risk negative physical and mental health effects. CALD women are also highly motivated to resolve domestic and family violence without ending relationships and breaking up families, for a range of reasons including immigration concerns and family and community pressures.
For example, a woman with only temporary immigration status may not be eligible to work, may have no access to income support, health care or other public benefits, and may be legally, economically and socially dependent on her abusive partner. This forced dependency is likely to intensify if the woman has poor English literacy, is caring for children, is isolated from family and social support networks, or faces threats from her abusive partner that she and her children will be deported if they leave the abusive relationship. These vulnerabilities are aggravated if the woman also experiences discrimination, disability, physical or mental illness, lack of education and other barriers to her wellbeing.
Whilst the Commonwealth Migration Regulations 1994, in the case of certain visas, exempt a woman from having to stay in an abusive relationship for two years before being eligible to apply for permanent residency, there are complex processes and evidentiary requirements that must be satisfied. A CALD woman who fears deportation or visa cancellation may also fear engaging with the police or other authorities, and may remain in the abusive relationship rather than suffer the stress and anxiety of seeking legal redress.
In addition to the issues specific to immigration status, CALD women may for cultural or religious reasons be reluctant to seek help for the domestic and family violence. They may feel shame in speaking openly about the violence. They may be unaware of their legal rights and unable to access linguistically appropriate information. They may be unwilling to disclose their circumstances to interpreters and counsellors who may sometimes be inadequately trained. Interpreters for particular dialects may not be available, and in small communities, the woman may know the interpreter and she may fear a lack of privacy and confidentiality. If counselled to leave the abusive relationship, CALD women may feel unable to face the cultural repercussions, which may include being ostracised from their family and community.
The range of compounding factors may substantially delay a CALD woman from seeking help from legal or health services or the police, which may over time increase the risk of serious harm or death to the woman and her children. In the event that a CALD woman does report domestic and family violence, these factors may present as significant obstacles in her engagement with service providers and with police, legal and judicial processes. For example, as a result of experiences in her country of origin she may be mistrustful of authority and may need additional support in engaging openly and constructively with these processes. Furthermore, access to appropriate interpreters at a cost the woman can afford is likely to be critical to her fair treatment and hearing.
Research indicates that whilst cultural origin is not a predictor of a capacity for violence, the perpetration of domestic and family violence in the CALD context should be considered having regard to surrounding circumstances and factors, including: the impact of protracted stays in refugee camps and related experiences of high levels of tension and violence; the effects of isolation, unemployment, trauma, alienation and cultural change; and cultural communities’ expectations of conformity with cultural norms and traditional gender roles.