Equality in Principle, Not in Practice
The promise of protection under the law is meaningless if it disappears when it’s needed the most. For survivors of sexual assault and domestic violence, the justice system is not a shield but a barrier that makes everything harder. Although federal and state laws formally recognize sexual and domestic violence as serious crimes, the reality for many women is that reporting abuse creates even worse problems that can lead to outright dismissal. This void in the legal system between legal recognition and actual enforcement shows the root of the system's failure to safeguard women’s fundamental right to their own bodies, security, and protection. When survivors are discouraged from reporting, denied protective orders, or left unprotected by law enforcement, the state becomes complicit in being a part of the harm that is caused to them, rather than protecting and preventing them.
Even after the enactment of laws such as the Violence Against Women Act (VAWA), many survivors still face many obstacles that limit their ability to secure effective legal protection. Under U.S. law, the Department of Justice reports that many sexual assaults are not reported to the police. Common reasons include fear of not being believed, fear of retaliation by the offender or others, and a lack of trust in how law enforcement will respond. Emotional abuse, coercive control, and financial manipulation are forms of harm that are often experienced by women and are too often treated as minor offenses. When these assaults are not taken seriously in law, victims have no hope left in the legal system and are left without faith. This whole process of selective belief and recognition reflects a greater gender bias embedded within legal institutions, where women’s experiences are scrutinized more harshly than their abusers’ actions.
One evident example of this failure is seen in how restraining orders and protective orders are enforced. Courts may issue these orders, but enforcement varies and is often unreliable. Survivors are often instructed to wait for a further incident before law enforcement will act, even when there is already clear noncompliance with an existing court order. This time period, which is a natural occurrence, creates a dangerous situation that can lead to severe injury, even death. According to the National Institute of Justice, the time immediately after a victim separates from an abusive partner is a time period with a high risk for harm. This information should be of the utmost importance for safety planning needs, as well as the basis for a protective order/custody order. When the legal system fails to protect the people they need to protect, the system places the burden on the person at risk to protect themselves, rather than on the state, which should have a duty to protect the victim.
This is particularly a challenge for women who have encountered a form of social inequality, such as women of color, undocumented immigrants, lesbians, and women with disabilities. For instance, a woman of color or an undocumented immigrant woman may encounter several challenges, including deportation and discrimination from law enforcers, while a lesbian woman with disabilities may encounter discrimination from law enforcers and a lack of access to resources and services due to physical limitations.VAWA provides immigration relief to victims, including U visas and self-petitioning. However, immigrant victims are unable to benefit from VAWA because they are not informed about it and because it is not implemented uniformly across different agencies and different geographical areas. When victims are presented with a choice between staying with the perpetrator or being detained, deported, or separated from their families, the legal system is not providing its most basic function of keeping the victims safe without any conditions.
It is no accident that this pattern of neglect occurs. It is the result of longstanding social practices in which violence against women is treated as a private matter rather than one in which wrongdoing calls out for public attention and legal response. In sexual assault cases, the case is often diverted by intrusive inquiry into the complainant's clothing, conduct, or sexual history, even though this would not be permitted in most other violent crime cases. These practices continue despite the Federal Rules of Evidence provisions designed to protect against character evidence in rape cases. When the legal system accepts this narrative, it helps to normalize a society in which accountability is optional and in which harm is normal.
Recent legislative measures seek to fix these conditions, yet the results to date are inconsistent across different areas. Several states have broadened the legal definition of consent, increased confidentiality protections for survivors, and required trauma-informed training for law enforcement. Other states have reduced these protections or have not provided the funding and staffing needed to enforce them. The present system is so uneven that a survivor’s ability to receive legal aid often depends on their location more than anything. Such an inconsistency is not only at odds with the promise of equal protection as enshrined in the Constitution but also leaves women at the mercy of arbitrary decision-making in matters concerning their own safety. The implication of such failure is not limited to the case at hand but can have a bearing on the determination of other related cases. While justice is denied to the victim, the community at large bears the brunt, including trauma that can be passed down to generations, economic challenges, and healthcare challenges. By providing accommodations for gender violence, even if it is unintentional, it supports the belief that women’s lives can be negotiated within the context of the law. Such a statement flies in the face of constitutional assurances of equal protection and due process. Sexual assault and domestic violence should be considered not only criminal acts but also violations of civil rights, and it should be reformed immediately. “The legal protection afforded to women against gender violence is inadequate if it remains on paper without any support from law enforcement agencies. Under the law, it is a positive obligation of the state to afford women protection against violence. Such obligation includes receiving reports of violence with due care, acting without gender bias, and providing legal remedies that are not denied through discriminatory action or inaction.” Women’s rights cannot be treated as secure while violence against women is addressed with less seriousness than other assaults on bodily integrity. Until the justice system applies the same legal standards, enforcement, and penalties to these offenses, the protection of women’s rights remains contingent rather than assured. Advocacy, legislative reform, and institutional accountability should continue as legal requirements, not as discretionary acts of charity. Anything less does not meet neutrality; it amounts to granting permission.
Bibliography
U.S. Department of Justice. Criminal Victimization, 2022. Bureau of Justice Statistics. https://bjs.ojp.gov
U.S. Department of Justice, Office on Violence Against Women. About the Violence Against Women Act (VAWA). https://www.justice.gov/ovw
Centers for Disease Control and Prevention. Preventing Intimate Partner Violence. https://www.cdc.gov/violenceprevention
National Coalition Against Domestic Violence. Domestic Violence National Statistics. https://ncadv.org/statistics
RAINN (Rape, Abuse & Incest National Network). Scope of the Problem: Sexual Violence in the U.S. https://www.rainn.org/statistics
U.S. Courts. Restraining Orders and Orders of Protection. https://www.uscourts.gov