Blog by Eva Skårner, SIE Vice President
SI CSW70 Delegate
Among the many parallel events held across the city, one particularly powerful discussion highlighted a difficult truth: legal systems that are meant to protect survivors of violence can sometimes become a source of further harm.
At the parallel event “Broken Promises – How Legal Systems Can Harm Instead of Heal,” held on March 10 at the Salvation Army, a panel of experienced advocates shared insights from years of working directly with survivors of violence. Their testimonies revealed a troubling gap between the laws designed to protect victims and the reality many survivors face when they seek justice.
For Soroptimists, whose mission is to transform the lives of ALL women and girls through education, empowerment, and advocacy, these discussions are deeply relevant. Ensuring that legal systems truly protect all women and girls is fundamental to achieving gender equality.
When Protection Systems Fail
One of the key issues raised during the event was the lack of understanding within institutions about the trauma and needs of survivors.
On paper, many countries have strong legislation addressing gender-based violence and victims’ rights. However, survivors often experience something very different when interacting with the justice system. Instead of protection, they may face doubt, repeated questioning, and processes that force them to relive traumatic experiences.
In some cases, protective measures isolate survivors from their communities and families—people who could otherwise provide essential support.
This disconnect between legislation and reality can have serious consequences: many survivors lose trust in the justice system and hesitate to report abuse.
When Institutions Create Additional Harm
Another important discussion point was how institutional systems may unintentionally reinforce trauma rather than prevent it.
For example, women and children affected by domestic violence are often forced to maintain repeated contact with perpetrators through custody arrangements, court hearings, and legal procedures.
Instead of creating safety, these systems can prolong survivors’ exposure to abuse.
Criminalised for Surviving
Perhaps the most alarming trend discussed was the increasing criminalisation of survivors themselves.
Since 1980, the number of cases in USA in which victims are charged with crimes or not recognised as victims has increased dramatically—by more than 600 percent.
Many women are arrested for actions they were forced to commit under coercion by abusive partners, such as prostitution, theft, or other illegal activities.
Women who are compelled into criminal activity may also face accusations of child neglect if they are forced to spend time away from their children. Instead of being recognised as victims of coercive control, they are sometimes labeled irresponsible or even dangerous.
In these situations, the legal system can fail to identify the real perpetrator.
Those Most Affected
The panel also highlighted how these failures disproportionately affect individuals who already face systemic inequality.
Those most vulnerable include:
- Women of color
- Indigenous women
- LGBTQ+ individuals
- Young people without strong support networks
- Migrant women and children
In Spain, for example, migrant women and children are overrepresented in the justice system compared to native Spanish citizens.
Poverty and social exclusion significantly increase the risk that individuals will be harmed by systems that are meant to protect them.
Power Imbalances in the Justice System
Another structural challenge is the power imbalance between perpetrators and victims.
Perpetrators often have stronger financial resources, better legal representation, and broader social support networks. Survivors, on the other hand, frequently enter the legal system from a position of vulnerability.
This imbalance can lead to:
- lighter consequences for perpetrators
- survivors not being believed
- survivors themselves becoming subject to prosecution
What Needs to Change
The speakers emphasised several crucial steps to address these systemic failures.
- Better data and evidence-based research are needed to fully understand how institutional practices affect survivors.
- Greater awareness is essential—both in public discourse and within the justice system.
- There is a pressing need for training across the entire legal system, including police, prosecutors, judges, and lawyers. Professionals must understand trauma, mental health, and the dynamics of gender-based violence.
Support systems also play a critical role. Access to childcare, trauma-informed care, and mental health services can make the difference between a survivor being able to pursue justice—or being forced to withdraw.
From Promises to Protection
Many of the legal rights survivors need already exist. Women experiencing violence are entitled to protection orders, financial support such as alimony, and safeguards that prevent further abuse.
However, without institutional support, these rights often remain difficult to access.
As Soroptimists and advocates for all women and girls, we must continue to raise awareness, advocate for systemic change, and ensure that justice systems truly serve those they are meant to protect.
CSW70 reminds us that achieving gender equality requires more than legislation—it requires systems that listen to survivors, understand trauma, and actively work to protect the most vulnerable.
Only then can the promises of justice become a reality.
