5 Reasons Female Victims Might Not Take Legal Action

There are many reasons why women don’t seek help when they become a victim of a crime. Such situations could include domestic violence, discrimination at work, harassment, sexual assault or racial abuse.

Often, the reasons behind women not taking action are misunderstood, leading to stigma and increased reluctance to report crime, or seek legal advice. Here are five reasons why female victims may be hesitant to speak up (with a focus on domestic violence and harassment at work, although these reasons can apply to many circumstances):

1. Lack of clarity about legal rights/how to seek help:

In order to report a crime, or access legal assistance, a woman has to know that she is entitled to do those things. This means that she has to know that a) she is a victim and her legal rights have been abrogated, and b) that there are services and support available.

If you suspect that you, or a woman you know, are a victim of crimes such as domestic violence or workplace bullying, you should always ask more questions. This could include contacting the police, or getting in touch with a free legal service such as Women’s Legal Services NSW.

2. Fear of retribution:

Often, reporting an offender, particularly if that offender is in a position of power or authority over a victim, is extremely difficult. This could involve being scared of backlash if a violent partner finds out that the victim has gone to police, or worrying that their manager will treat them even worse should they be reported to HR.

This means that women may not speak up for their legal rights, even when they know they can and should, for fear of the consequences.

3. Dependents to consider:

As women are often primary caregivers, any decision made may affect children, elderly parents, sick dependents, and so on. If women feel like speaking up will affect the stability of their accommodation or income, they will be less likely to do so, meaning that legal action is not taken in many situations

4. Feeling the perpetrator is a “good person”:

A victim may be able to rationalise a perpetrator’s behaviour by believing that overall, they are a good person. If this is the case, they could worry that telling someone will jeopardise the offender’s reputation or job.

This places a burden on the victim that they should not have to bear, and implies a level of victim blaming. Victims should always keep in mind that they were not responsible for the behaviour of the offender, and they are not responsible for keeping that behaviour a secret.

5. Fear of not being believed:

Often, female victims find themselves in a “he said, she said” situation. If speaking up will call a woman’s credibility and honesty into question, she will undoubtedly be less likely to lodge and pursue a complaint. The stress and stigma associated with being potentially disbelieved may mean that victims believe the effort just isn’t justified.

What do you think? Should female victims still report crimes, regardless of these obstacles they may face?

-BR