the assumption that perpetrators would not be
punished.
In most national gender laws, VAW was closely tied
to morality and limited to sexual offences against
women, thereby failing to recognise the continuum of
violence that women experience.
An important factor in women’s access to justice,
therefore, was the presence of social support from
families, friends, counsellors and women’s organisations. In cases of domestic violence, the availability of
a shelter where survivors could stay free from danger
was crucial to women being able to access justice. A
gender-sensitive or feminist lawyer was also found to
be a clear advantage. The presence of such support
systems overall strengthened a survivor’s resolve:
first, in deciding to file the case, and second, in pursuing the case until the end.
Insofar as legal protection against ICT-mediated violence was concerned, only two countries – Kenya
and the Philippines – recognised ICT offences in their
laws. However, these are cyber crime laws with very
limited recognition and understanding of VAW within
them. A third form of legal remedy – civil laws – was
rendered largely inaccessible due to the payment of
filing fees.
Despite the existence of laws in all seven countries
that can be used in cases of technology-related
VAW, the incompetence of duty bearers presented a
significant barrier to women’s access to justice. Law
enforcement typically trivialised technology-related
VAW and victim blaming was common among police
personnel across countries. This attitude resulted in a
culture of silence, where survivors were inhibited from
speaking out for fear of being blamed for the violence
they had experienced. Moreover, authorities failed to
make use of available laws, either due to indifference
or a lack of awareness around the existence of relevant legislation. In particular, cyber crime units dealt
only with technical or commercially motivated crimes,
and did not specialise in technology-related VAW.
Overall, a lack of capacity on the part of state agencies responsible for handling technology-related
VAW meant that the women interviewed were resourceful in seeking other avenues to access justice.
Agency, participation
and women’s power
The case studies highlight stories of women exercising and accessing agency, first and foremost by
taking control of the situation. Being able to meet
with counsellors and developing a support system
allowed survivors to regain their sense of trust and
work on their self-confidence.
Law enforcement officers often discriminated against
poor and marginalised women, and were less likely
to record their cases without support from influential
community members. Moreover, in the case of poorer women, the costs of litigation and the distance of
available legal services prevented survivors from
pursuing cases.
Notably, even though the women interviewed came
from a range of socioeconomic backgrounds and
diverse geographical locations, they were all aware
that a crime had been committed against them and
that they were entitled to some form of redress. By
reporting the violence to the government agencies
nearest to them – and later to others whom they believed might be more responsive – women attempted
to make the legal system work despite its weaknesses. In some cases, women sought to better understand the law and their rights, which enabled them to
advocate for their cases better. If or when the legal
system failed, survivors took matters into their own
hands, either by approaching the media or publicly
protesting and making the violence visible.
Overall, women’s access to justice was therefore negated by:
• The complexities in the law itself.
• The structural or systemic failure of the law to address technology-related VAW and to respond to
women seeking access to remedies in cases of
violence.
An important means for women to exercise empowerment was the use of ICTs – and in particular the
internet – which enabled survivors to claim, construct
and express themselves, as well as advocate for their
rights, without relying on the state. Women also benefited from collective empowerment and joint actions
• The prevailing attitudes in society and of the duty
bearers characterised by gender bias and discrimination.
• A culture of impunity whereby the legal system
was perceived as unable to address VAW, and
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