Family Solicitors

Dominic Raab’s infamous comments in which he suggested that misogyny applied to both men and women made the then Justice Secretary the butt of numerous jokes last year. However, his fundamental lack of understanding was no laughing matter for those victims of violence often founded in misogyny. It also served to highlight the significant barriers to tackling the epidemic of violence against women and girls: real gaps in both male understanding and effective male solidarity. On 27 February 2022, the Mayor of London announced his new campaign to help end violence against women and girls. The campaign will ‘mobilise male sports stars, celebrities and influencers to speak directly to men and boys’ and is designed to ‘tackle unacceptable attitudes and behaviours by men’.¹ Through an advertising campaign which speaks directly to men and boys seeks to inspire men to take their share of the responsibility to call out pervasive misogynist attitudes and to effect ‘the change that is needed to root out sexism and misogyny from our society’. It is built on the premise that so much of the unacceptable behaviour which women experience every day is seen by society as harmless but that it is this behaviour, left unchecked, which fosters an environment in which the more extreme forms of sexism and misogyny pervade. The mayor talks of the need for a ‘fundamental cultural shift’. And he is not the only one. The Rt Hon Caroline Nokes MP, Chair of the House of Commons Women and Equalities Committee, responding to the government’s strategy to tackle violence against women and girls commented that ‘the Government will not be able to deliver on a world free from violence against women and girls without specialist work in schools, workplaces, the media and communities on the harmful gender norms and stereotypes which underpin this violence’. She spoke of the need for decades of investment.² The campaign comes in the wake of record spending from the mayor’s office to support victims of violence, tackle the behaviour of perpetrators and to improve police responses to domestic abuse cases. It was also followed, on 1 March, by the announcement of a funding boost to improve the safety of women in London and an expansion of the Women’s Night Safety Charter to gyms.³ While the announcement of the campaign has attracted positive responses from those who welcome the inclusion of men and boys in this important conversation, the mayor has also come under fire for formulating a campaign to address this female issue which focuses solely on men and boys. Conversely, suggestions that women should take responsibility for protecting themselves have long been met with concern. Critics argue that such approaches perpetuate the issue of inequality, suggesting that women and girls should modify their behaviour to account for and allow for unacceptable male attitudes. They ask why we, as women, should have to take responsibility for keeping ourselves safe on our streets and, all too often, in our homes. Baroness Jones pointed this out when she suggested that we impose a curfew against men in order to keep women safe on the streets at night.⁴ While her comment was met with criticism, it is important to understand that it was made in the context of the discussion of women being advised to impose an informal curfew on themselves by the advice not to go out at night as a means by which to stay safe. She was not making a serious suggestion but highlighting the inherent inequality in requiring women to modify their behaviours in ways which are not necessary for men. Superficially, the decision at this stage not to legislate to make misogyny a hate crime has further raised criticism of a perceived failure to put in place measures which protect women and girls, leaving them vulnerable. But the reality of changes in legislation are often far more complex than they appear on the surface and it is true to say that we do not yet have a system in which the current offences repeatedly perpetuated against women and girls are effectively policed, investigated and prosecuted. Many women’s charities have expressed concern that extending the ambit of criminal law in this way will in fact make prosecutions more difficult.⁵ Sending a message that misogyny is unacceptable by categorising it as hate crime is unlikely, ultimately, to have any effect while perpetrators continue to be shown that these crimes are not taken seriously, with conviction rates remaining low. Her Majesty’s inspector of constabulary, Zoë Billingham, has been reported to have noted that ‘Offending against women and girls is deep-rooted and pervasive in our society. Urgent action is needed to uproot and address this and police cannot solve this alone.’⁶ The picture is highly complex and addressing this issue requires an equally complex approach. While women and girls cannot consistently rely on the structures society puts in place to protect them, a feeling that we need to protect ourselves is almost inevitable. Any suggestion that the responsibility for preventing violence against women and girls should be placed solely at the female door is, of course, offensive. But the reality is that we are, as females, vulnerable to pervasive misogynist attitudes and it would be folly to condone the narrative that we should do nothing to protect ourselves. Anything women and girls can do to make themselves less vulnerable must be worth doing. Advice to stay away from isolated places, to stay in pairs after dark, to know your rights and to learn how stand up for yourself in a safe way is not shifting the responsibility; it reflects the reality of staying safe in our society. But work to end violence against women and girls cannot and must not stop here. When Sarah Everard was criticised for not resisting arrest⁷ it further revealed the problem of a lack of male understanding of the reality of the minefield women navigate every day. Protecting ourselves is key while such violence exists, but it is not the solution and, as in the tragic case of Sarah Everard, it is not always possible for us to protect ourselves. The mayor’s campaign is only part of his overarching strategy, a renewed version of which will be published in the coming months, which will, it is hoped, highlight the need for a multifaceted approach to this issue. It is not a ‘female only’ issue. Most men, of course, are not perpetrators of violence against women but everyone must take their own share of responsibility in dealing with the prevalence of misogyny in our society. It is the responsibility of all of us because its existence undermines our collective humanity. To make the changes that must be made, there is a need for protective and preventative measures, short term and long term strategy and social as well as political and legal response. Social norm theory teaches us that we are more likely to voice, or to challenge, an opinion or action in circumstances where we are surrounded by others who we feel share our conviction; where we have back up. We all feel a pull to conform to the social norm. Research among students in the US has shown that, while the majority of male students have low tolerance for misogyny and violence against women and girls, it is a widely held misperception that there is greater tolerance amongst their peers.⁸ Without feeling ‘backed up’ by the perception of the social norm, males are far less empowered to stand up for women when they witness unacceptable behaviour and we run the risk of male perpetrators mistaking their peers’ silence for support. For males to feel able to play their part, this misperception needs to be corrected. Ending violence against women and girls can only be achieved through change. Male attitudes and understanding, as well as female approaches and responses, must change so that all misogyny, even the ‘harmless banter’ which we are so used to shrugging off, is no longer socially acceptable. Real, meaningful, lasting change requires re-education and, inevitably, takes generations to have real effect. This is why the mayor’s new strategy is so important. It does not, alone, represent the solution but is a key piece of the puzzle because it sets itself squarely behind the hope that change is possible and that there is a future in which violence against women and girls is not merely managed, but eradicated. About the authors: Jane Wilson is a solicitor and children panel member at Duncan Lewis Solicitors. She is committed to representing the most vulnerable and practices in all areas of children law, often representing women and children who have been impacted by violence. She is a skilled and effective advocate and carries out advocacy for her clients up to High Court level. Contact her via email at janew@duncanlewis.com or telephone 020 3114 1194. Frances Romain joined Duncan Lewis Solicitors on the Kickstarter Apprenticeship Scheme and has now secured a position as a Legal Caseworker. She is working towards starting her LPC in the coming months. Contact her via email at FrancesR@duncanlewis.com or telephone 020 7014 7312. ¹ https://www.london.gov.uk/press-releases/mayoral/mayor-campaign-to-help-end-violence-against-women ² https://committees.parliament.uk/committee/328/women-and-equalities-committee/news/156795/committee-chair-responds-to-governments-violence-against-women-and-girls-strategy/ ³ https://www.london.gov.uk/press-releases/mayoral/mayor-boosts-funding-to-improve-safety-for-women ⁴ https://news.sky.com/story/amp/sarah-everard-green-partys-baroness-jones-suggests-6pm-curfew-for-men-12243194 ⁵ https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-making-misogyny-a-hate-crime-factsheet ⁶ https://amp.theguardian.com/uk-news/2021/jul/07/women-girls-facing-epidemic-violence-police-watchdog-warns-england-wales ⁷ https://www.bbc.co.uk/news/uk-england-york-north-yorkshire-58762029 ⁸ http://vawnet.org/sites/default/files/assets/files/2016-09/SocialNorms.pdf