In 1998, the Labour government introduced legislation broadening British sentencing powers in relation to crimes aggravated by the offender's hostility towards the victim's actual or perceived race, religion, sexual orientation or disability. Gender is a notable omission from this list. Through a survey of eighty-eight stakeholders working in the violence against women (VAW) sector, this paper explores both the potential benefits and possible disadvantages of adding a gender-based category concerned with VAW to British hate crime legislation. The majority of participants (...) believed that a hate crime approach would offer significant benefits, especially in terms of the symbolic power of the law to send a message to society that VAW is unacceptable. However, most also recognised that the addition of a VAW category to current legislation would involve major practical and conceptual difficulties, not least those resulting from problematic assumptions about the nature of hate crimes versus VAW, and a general unwillingness on the part of policy-makers to address the socio-cultural inequalities that underpin VAW. Overall, the fact that the majority of participants favoured inclusion, on the basis that the possible symbolic benefits were likely to outweigh the potential practical disadvantages, is significant: it speaks to the power of hate crime legislation to challenge many forms of inequality and discrimination still endemic in British society. (shrink)

This article explores the representational practices of feminist theorising around gender and violence. Adapting Liz Kelly’s notion of the continuum of women’s experiences of sexual violence, I argue that ‘continuum thinking’ can offer important interventions which unsettle binaries, recognise grey areas in women’s experiences and avoid ‘othering’ specific communities. Continuum thinking allows us to understand connections whilst nevertheless maintaining distinctions that are important conceptually, politically and legally. However, this is dependent upon recognising the multiplicity of continuums in feminist theorising – (...) as well as in policy contexts – and the different ways in which they operate. A discussion of contemporary theory and policy suggests that this multiplicity is not always recognised, resulting in a flattening of distinctions which can make it difficult to recognise the specifically gendered patterns of violence and experience. I conclude by considering how focusing on men’s behaviour might offer one way of unsettling the contemporary orthodoxy which equates gender-based violence and violence against women. (shrink)

This paper explores the UK’s legal interventions in the arena of forced marriage. Three key initiatives have been considered in the last 5 years: creating a specific crime of forced marriage; civil rather than criminal protection for victims; and an increase in the age of entry for non-EU spouses, with a corresponding increase in age for sponsoring such spouses. Our key focus is on the last of these interventions and we draw upon a research study conducted in the UK in (...) 2006/2007 exploring the risks and benefits associated with increasing the age of sponsorship and entry. The UK government’s argument is that the increased maturity which comes from being older acts as a protective factor, thus making it easier to resist forced marriage. This view of maturity gains its saliency from developmental psychology. Here, we critically analyse the construct of age and the link between age and ability to resist forced marriage. We illustrate through the accounts of victims of forced marriage and of stakeholders the difficulties of adopting age as a central organising feature of protection for potential victims of forced marriage. (shrink)