Delivered by Ingenta IP : 165.215.209.15 On: Thu, 10 Sep 2020 14:38:38 Copyright The Policy Press Journal ofGender-Based Violence •vol 2•no397–402© Centre for Gender and Violence Research 2018 the stories reported, and many reported, more,the stories have long been open secrets in Westminster. ofParliament Notbecause oftheallegations: Members (MPs) tookmeby surprise. 2018) depictingaculture ofunchecked andsexualharassmentby some investigative by reporting theBBC’s Newsnight programmeBBC Two ( Television, Parliament, therecent clerkoftheHouseCommons intheBritish As aformer The problem with Westminster 18X15263882926256 for Westminster?, To citethisarticle: Bates, (2018)Justice L. for victims of sexualabuseandharassment: lessons • • key messages key words most crucially, allbegiven access tospecialist advocates trained insexualharassment andabuse. as welllessformal routes, potentially includingspecialist ‘transformational mediation’ and, aboutwhattheir ownchoices happensnext, begiven arange of optionsincludingformal sanctions key principles. must:Victims/survivors belistenedtoandtakenseriously, beempowered tomake to sexualharassment andabusewithinParliament. Vital inany victim-centred response are some based , thepaperdraws for lessons howtheHouseof Commons authorities shouldrespond violence?’ Using emerging of gender- findings from interviews with over 250 victims/survivors national charity Women’s Aid, which is asking ‘What doesjusticemeantovictimsof gender-based paper presents current research beingconductedby theuniversities of Bristol, Cardiff andUWE abuse and bullying, often moving victims on rather than challenging (alleged) perpetrators. The reflect on why theparliamentary culture andmanagement haslongignored sexualharassment, draws onsixyears for working theBritish Parliament civilservant) asaclerk(parliamentary to Parliament, references which also newUKresearch onjusticeandgender-based violence. The author paperisacommentpieceonrecentThis policy sexualharassment andabusescandalsintheBritish approach, includingaccess for allcomplainantstospecialistsexualviolenceadvocates. Key togood policiesonsexualharassment, abuseandbullying are atruly victim-centred Westminster asitimproves response itspolicy tosexualharassment and abuse. Current research beingledby Bristol University onjusticeand GBV for hassalientlessons sexualharassment •justicepoliticsparliament Westminster Justice for victimsof sexual abuseand : for lessons Westminster? University of Bristol 2018•Print ISSN2398-6808• Online ISSN2398-6816 policy andpracticepolicy Journal of Gender-Based Violence, vol 2, no2, 277–91, DOI: 10.1332/2398680 https://doi.org/10.1332/239868018X15263882926256 Lis Bates, [email protected] University of Bristol, UK 397 Delivered by Ingenta IP : 165.215.209.15 On: Thu, 10 Sep 2020 14:38:38 Copyright The Policy Press and fundedby theESRC, Gender-BasedViolence and discredited, or blamed for it on themselves’,‘bringing for being weak or not resilient. ofvictimssexualanddomesticabuse:with theexperiences beingdisbelieved, might bevictimsofharassment. their power,faith inthesystem andconsequentlyasignificantlackofbythosewho powers backtopoliticalparties, anabsenceofaccountabilityforthosewhoabuse weak,for years has been notoriously by handing decision-making characterised The proposals tostrengthen aninvestigatory finallystart andsanctionssystemwhich policiesanddrive culturalchange,groups tobeefupgrievance are tobewelcomed. sexual harassmentat Westminster (Parliament, 2018), andthesettingupofworking recommendations tostrengthen Parliament’s response toharassment, bullying and has progressed even tomediation. look atpastcases, andapolicyunderwhichnotsingleclaimofsexualharassment witharefusala zero to toleranceapproach tobullying andharassmentsitsjarringly this: denying that there is any longer a problem, and insisting on looking forward with Commons management’s eloquently illustrates ill-judged initial response to the story same –asilencingofanindividual’s voice, andanabsenceofjustice. The Houseof action taken, andothers’ accountswere minimised. The problem is, theeffectis blindness. cultural quicksandwhichledustoWeinstein, BennellandSaville: awilfulcollective refused toshinealightonthebullies, andthustacitlycondonedit.Thisisthesame the acceptanceofbullying behaviour,on. Thisisaculture whichhasnormalised managementculture where victimswhospeakoutareand ahistoric quietlymoved ofabusiveLucinda Day hasexposedapattern notbeingheldtoaccount, Members revealed. Whatisnew isthatthecareful investigation Cookand Chris ofreporters But because, time, forthefirst thecorrosive thisbehaviour culture ofnormalising was which disproportionately affects women (Kelly, 1987). ofacontinuum isolation: sexual harassmentandviolencefrequently aspart occurs rarely operatein ordomesticabuse. thattheseexperiences Thefigures confirm on the street. Over two-thirds of these women having also reported experienced of interviewees sexual harassmentintheworkplace having reported or experienced ofharassmentandabuse.with otherforms IntheJustice inequalities whichallow toexploitanotherwithimpunity. oneperson Itoften overlaps abuse, at its core,As with other interpersonal is about power vacuum Sexual harassment isaboutpower inequalityandrarely occurs ina findings for Westminster, as it seeks to respond to sexual harassment, abuse and bullying. a genuine apology, andbeinggiven avoice. There are somedirect lessonsfrom our ‘What isjustice?’ The answer, itseems, ishumblingly simple: beinglistenedto, getting interviewed over 250victimsofdomesticandsexualabuse andharassmenttoask cases require care. handlingwithparticular 2016–17, During theresearch team Current researchCurrent from theUniversities ofBristol, Cardiff andUWE(Justice, Inequality broke,Since theNewsnightstory meistheparallels whathasincreasingly struck In thiscontext, 2018ofcross-party working thepublication on8February group The Newsnight investigation showed thatsomevictimswere believed but no (hereafter ‘Justice 1 iscastingnew lightonwhy sexualabuse andharassment Lis Bates 398 project’), ledby Hester Professor Marianne project, over athird (39%) Delivered by Ingenta IP : 165.215.209.15 On: Thu, 10 Sep 2020 14:38:38 Copyright The Policy Press the nextbest thing was (the state, and foranother party thepolice, theirfriends apology andexpression ofremorse, but inmany casesthishadnot happened.Here, ideally thiswould themselves, comefrom theperpetrator andinvolve agenuine done. take responsibility For fortheharm (atleastpartial) manyperpetrator victims, This was theother side ofthesamecoin.Itwas tovictims thatthe very important The perpetrator to beheld accountable they’veblame ontotheperson actuallydonewrong by.’ and child rape said, something wrong to put the ‘That person…does but then tries ‘injustice’ meanttothem. Onefemale victimofsexualharassment, domesticabuse the effect of strengthening the same message that the victim is to . in Participants with thevictim. managementresponse ofmovingThe historic on victimshasthe behaviour. Onehaseven asclaimingtoeven gonesofar have ofworking nomemory ofsexualbullying haveperpetrators inany vigorously harmful deniedengaging dreadful.’ thatwhathedidwason hispart utterlydreadful andtheimpactithadwas utterly anything wrong –and thatisn’t justicetome. Justice would have been arealisation victim ofdomesticabuse andsexualharassmentsaid,‘Hedoesn’t acceptthatthere’s is justice?’ and,formany, overrode ideasofpunishmentorrevenge. Asonefemale was done.that harm Thiswas very oftenthefirst response tothequestion‘What recognition wasour interviews whichvictimsplacedonexternal theimportance space andplacetosay what’s happened,andbeheard. Astrong themethroughout Part oftheprocess ofjustice, victimstoldtheJustice To belistened to sexualharassmentandabuse.the voices ofthosewhoexperience Central tothedeliberationsofthoseinvestigating andfuture current provision, are want What victims/survivors to MPs, Peers andstaffacross Parliament aboutsexualharassment. It is important, too, that plans are underway to provide specific and specialised training fromremedy and support thatfor complaints of non-sexual bullying and harassment. ofsexualharassment,particularities andproposed aseparateprocess andsystemsof away withbelittlingandhumiliationtacticsagainststaff(BBCRadio4,2018). thedynamicsofpowerin describing in Westminster whichallows someMPstoget or intimated into silence. This toxic cocktail was recognised by Caroline Lucas MP ordiscredit victims, tacticstoundermine andvictimsare oftenshamed can often use (implicit or explicit) political setting means that (alleged) perpetrators power hierarchies of politicalstructures, are fed into the mix. Added to this, the magnified whenthedynamicsofanemployer–employee relationship, andthe particular. The exploitationofoneindividual’s power over anotherisexponentially Here againisaparallelwith Westminster thatallthealleged –itisstriking It istherefore thattheworking important hasrecognised group report the The dynamicsofsexualharassmentandabuse in Westminster are even more Justice project identified this pattern ofbehaviourproject whenasked identifiedthispattern todefinewhat Justice for victimsof sexual abuseandharassment 399 project, was beinggiven the Delivered by Ingenta IP : 165.215.209.15 On: Thu, 10 Sep 2020 14:38:38 Copyright The Policy Press To have choice, control intheprocess andvoice responsible. toofferthis (ratherthanthevictim) recognition,family) andtoholdtheperpetrator (Fileborn and (Fileborn Vera-Gray, 2017). of theirparticipation, they are valued by victimsbecause oftherecognition involved but whenvictimsare properly by supported specialistswhocanreduce theintensity response. investigationmore formal facts, orfindingof ofan part overall althoughitcanform process acceptsresponsibility by fortheiractionsoftenrequires whichaperpetrator a an alternative are alsoavailable involved totheparties (McLay, 2009). Itshouldnever beusedas 1997; Irvine, 1993). Such mediation only works when it is voluntary and other options abusive behaviours through a process of mediation’‘transformational (McCormick, whocanrecognisemediators power imbalances(including gender) andchallenge in some cases of sexual harassment, part important but only when they involve specialist routes.sanctions alongsideany lessformal violence are engaged, andthatremedies shouldalways includeoptions forpunitive victims are taken seriously, thedynamicsofsexual thatspecialistswhounderstand and minimisingof complaints. Inthesecases, it is even more vital to make sure that (such as Westminster) where ofinstitutionaldowngrading there hasbeenahistory toaccount. perpetrator For herthisshowed thatthecommunity done, recognised theharm andheldthe meetingbetweenthe community themandtheperpetrator. organisedaninformal closed groupssuchaspoliticalparties. Inthecaseofonevictimwe interviewed, made aboutreporting, andhave parallelswithvictimswhoareofother members being ostracised, disbelieved orexpelled. These contextsaffectedthechoicesvictims abuse becausethey feared ofthecommunity –forinstance, losingtheirmembership community,religious) toreporting additionalbarriers where victimsoftenfaced within a closed or tight-knit the (for abuseexample, had occurred activist, traveller, tohearthevictimandexpress remorse.perpetrators a voice, done to them, express the impact of the harm and create the space for the partner), tohave offered dialogue anopportunity withtheperpetrator afacilitated ofjustice.therefore part becomesanimportant themsomecontrol oftheabuse orharassment.Offering as part over theprocess thisisbecausethey oftenhaveIn part, hadpower andcontrol taken away from them This makes it vital that they can access a range of remedies when making a complaint. case of workplace sexual harassment, could be their job or professional reputation). fortheirstatusorassets(which,inthe of retaliation orconsequencesand concern public or punitivenot to pursue justice options for a range of reasons, including fear Justice could pursue, andbeingputatthecentre ofdecision-makingabouttheircase. The over choicesaboutwhat remedies they whathappenedtothem.Thismeantinformed Another key elementinachieving justiceforvictimswas gettingbacksomecontrol There is, however, growing justiceapproaches evidence can play thatlessformal an Great care is required with mediation or guided discussion approaches incontexts abuse fromFor anintimate somevictims(generallythosenotexperiencing project is finding that those experiencing violenceandabuse project sometimeschoose isfindingthatthoseexperiencing If notmanagedby specialists, harm; mediationapproaches canperpetuate ‘first step’‘first in responding toallegationsofsexualharassment, since the Lis Bates 400 This was when especiallytrue Delivered by Ingenta IP : 165.215.209.15 On: Thu, 10 Sep 2020 14:38:38 Copyright The Policy Press or criminal justice. or criminal irrespective of whether the route process, to remedy isan internal resolution, aformal what resolution orjusticeprocesses victimschoosetofollow –itisavitalelement (ISVA) forany complainants. support shouldnotbecontingenton Suchsupport include thecommissioningofspecialistIndependentSexual Violence Advocate and harassment. In this light, it is positive that the Commons working group proposals advocacy from thedynamicsofgendered support specialistswhounderstand abuse chargebeingmade.a specialistsexualviolenceadvocate andacriminal files andfoundastatisticallysignificantlinkbetween victims receiving support from (Coy and Kelly, 2011). TheJustice throughchange cultures inotheragenciesandactors so-called‘institutionaladvocacy’ agencies. Advocatesprocesses, to other support also can practicalhelpandreferrals through justice victimsusingcounselling,emotionalsupport court/other supporting specialist victimadvocacy. Specialist sexualviolenceadvocates play role acrucial in et al,2009;SafeLives, 2017)isunequivocal andeffectiveness ontheimportance of The evidence from the Justice through specialistadvocacy Support who have already suffered. investigations Recentcriminal in theUK(Saville, Bennell, to getaway scot-free? There needs tobeproper investigation andjusticeforthose in the system if those who are widely known to have are transgressed still alllowed lasting change. But, there is one big piece still missing. How can there be confidence confidence, even disbeliefandanger. the management’s clearlyshowed initialresponse totheNewsnight story alackof own perspective. Similarly, the quotes from Commons employees serving following shown remedy, about whatanappropriate outcomeorsanctionwould befrom their next steps, and the same proportion were dissatisfied with the level of understanding underexisting proceduresreport weregiven dissatisfiedwiththechoices tothemfor case. As theworking group’s staffsurvey found, ofthosewhohadmadea amajority and itsdecision-makers todeliver justiceforthem? Unfortunately, thisisnotyet the those victims feel able to come forward, be listenedto, and have in the system faith on theharassers. the practice of dismissing or moving victims on, in favour light of shining a bright reversing inparticular this hasbeenadeficit.Butculture changeisjustasimportant, commitment tochange. afocusonadequatesanctions–fortoolong There isrightly this, andthemostrecent suggestarenewed indications from theHouseauthorities proposals from theCommonsworking group are agoodsteptowards addressing scale.years hasbeenoneofminimising andvictim-blaming Thenew onacorporate ofWestminster, Thesameistrue not yet getthisright. where theculture formany choices aboutwhathappensnext.Oursociety, justicesystem,does andcriminal tobeheldaccountable,the perpetrator andtobeable tomake theirown, balanced Victims ofsexualabuse andharassmentwant tobelistenedto, taken seriously, for Moving forward This body of evidence of victims getting targeted underlines the importance The current public spotlightgivesThe current formeaningfuland animpetus andopportunity The litmus testofany new system must be: iftheseevents today, occurred would Justice for victimsof sexual abuseandharassment project and elsewhere (Hester andLilley, 2017; Howarth project has examined over 400 police rape case 401 Delivered by Ingenta IP : 165.215.209.15 On: Thu, 10 Sep 2020 14:38:38 Copyright The Policy Press Howarth, E., Stimpson, L., Barran, D. and Robinson, A. (2009) Hester, M. andLilley, S.J. (2017) tocourt:‘More thansupport Rapevictimsand SafeLives (2017)InsightsIdva England and Wales dataset 2016–17: Adult independent Parliament (2018)Cross-party Working GrouponanIndependentComplaints andGrievance McLay, L. (2009) ‘: To mediateornot?’, ADRBulletin, 11, 1, http:// McCormick, M.A. (1997) ‘Confronting socialinjusticeasamediator’, Mediation Kelly, L. (1987) ‘The continuum ofsexualviolence’, inHanmer, J., Maynard, M. (eds) Irvine, M. (1993) ‘Mediation: forsexualharassmentgrievances?’, Isitappropriate justice, arbitration. andotherreligious Sharia procedural justice, child contact in domestic abuse cases, BME women’s of experiences victim perspectives ofjustice, inrapeanddomesticabuse cases, justiceattrition criminal frompublishing 2018, arangeofpapers theproject during includingonmodelsand ac.uk/sps/research/projects/current/justiceinequality/. The research teamwillbe Note Parliament notnow andthepoliticalparties dothesame? cases, canandshouldbeheldtoaccountfortheiractions.historic perpetrators Should inRotherham)havethe sexualexploitationofteenagegirls shown that, even in BBC Two Television(2018) Newsnight,9 BBC Radio4(2018)Today, 9March, 06.00. References 1 Fileborn, B. and Vera-Gray, F. (2017) ‘“I want tobeable towalk thestreet without Coy, M. and Kelly, L. (2011) The ontainer sagepub.com/doi/abs/10.1177/0269758017742717#articleCitationDownloadC specialist sexualviolenceservices’, Reviewof International Victimology, http://journals. Final.pdf resources/Insights%20national%20dataset%20-%20Idva%202016-17%20-%20 domestic violenceadvisor (Idva), services http://safelives.org.uk/sites/default/files/ answers-statements/written-statement/Commons/2018-02-08/HCWS460/. Policy, Report, www.parliament.uk/business/publications/written-questions- epublications.bond.edu.au/adr/vol11/iss1/1 Quarterly, 14, 4, 293–307 Association Conference Volume series). London: Palgrave Macmillan. Women, Violence andSocialControl: Sociological Explorations inSociology (British onDisputeResolution,Ohio StateJournal 9, 1, 27–53 Advisors, Project Report. London: SmithCharity.The Henry ofFindingsandRecommendationsfromaMulti-siteEvaluationSummary ofIndependent fear”: Transforming justice for street harassment’, University. Independent Domestic Violence Advocacy. Schemes London: London Metropolitan Justice, Inequality&Gender-Based Violence project website isfoundat: www.bristol. Islands in the Stream: An Evaluation of Four London Lis Bates 402

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