Gender responsive approach for girls in the juvenile justice system

Gender responsive approach for girls in the juvenile justice system represents an emerging trend in communities and courts throughout the United States, Australia and Latin America. Girls are the fastest growing demographic in the juvenile justice system and are placed in a system that was originally designed for their male counterparts.

High court of Australia

Circumstances to be considered

A new approach to juvenile justice or juvenile delinquency for females is to factor in the idea that females have different experiences than boys. Girls who have negative childhood experiences such as neglect, physical or sexual abuse are at a greater risk to become delinquent (Violence in the Juvenile Justice system) Girls have higher rates of mental health issues such as anger, depression and suicidal thinking and victimization, violence and abuse than males.[1] They also have different reaction in society to behaviors that they may be participating in. These factors exclusive to females make gender specific responses appropriate and needed. Girls are involved with the law primarily with what are described as status or minor offences. These types of offences include but are not limited to running away from home, shoplifting, family abuse, truancy, drug offenses and prostitution. Many of these behaviors are deemed to be survival behaviors meaning that they are behaviors used to survive abuse or neglectful situations.[2] The typical girl offender is low risk and high needs [3]

Human Trafficking is one of the causes of prostitution charges and is handled in gender specific courts as a victimization crime. In Texas the Supreme court ruled that girls younger than 14 years old involved in prostitution should be considered victims and provided services with out criminalization.[4]

History of Gender Responsiveness

The Juvenile Justice and Prevention Act instructed states to assess their gender responsiveness in 2012. The goal is make sure that girls are not being detained and committed for crimes that would not result in similarly harsh treatment for boys. It was noted that there was an unconscious gender discrimination[5] that occurs in the handling of girls and young woman in our justice system. Girls are now the fastest growing segment of Juvenile Justice population.[6] Reasons for increases include a transformation of policy and practices. Family conflicts have now been recategorized as a violent offense and practices have changed in handling domestic violence. Misdemeanors are handled with gender bias manner and girls developmental issues are not clearly understood.[7] The current Juvenile Justice System was formed in a manner intended to cater to predominately male offenders. Assessment tools used by most institutions were designed for this use. This explains why girls developmental issues are not considered when they enter the system. Research indicates a lack of programming for girls has been an ongoing issue for several decades. A review of delinquency prevention programs across the country found 433 identified programs out of the number 2% were designed for girls.[8] This is why some are creating responses designed specifically for girls.

Examples in Programs

Many communities are using programs that recognize girls gender as a component in their juvenile justice programs. These programs aim to address the unique needs of girls by providing a variety of services. Many have gendered risk assessments that occur immediately upon entry into the justice system.

Girl's court (Growing Independence Restoring Lives) offers a variety of programs in the United States. The courts identify that girls have traumatic life events and seeks to address underlying problems that may cause crimes. Some communities chose to view the girl as a child in need of assistance. Services vary from immediate attention and clinical intervention, addressing gender specific issues, to acknowledging unique needs and differences. Many of the courts seek to have a supportive adult from the girl’s life to participate.

Reparations for girl child soldiers are handled with gender specific treatment in a variety of war torn countries. Columbia, South Africa, Peru and the United Nations identify the need to respond to the needs of girls. "They must aim to address the political and structural inequalities that negatively shape the lives of girls". The courts have acknowledged that girl soldiers face different circumstances than boy soldiers because girls are recruited for sexual purposes and may be forced to marry and have children with their captors. They are frequently exposed to sexual violence and may be forced into domestic positions. Providing gender specific care to girls has enabled the courts to use its power as a tool for transformation, allowing girls to become empowered in the process.[9]

Treatment ideas and responses

Responses designed to cater to females include collaboration by courts, lawyers, probation, human services, community programming, and federal and local governments.The goal of collaboration is to address the needs of girls and consider the big picture of what the problems are. Female staff are used in an effort to address relationships and provide positive female role models for girls. Services that may be provided or encouraged range from keeping the girl in her home and providing family support and counseling, conflict resolution, education and life skills, pregnancy prevention, parenting, domestic violence and empowerment. One community has begun using the restorative justice process to handle issues related to girls. They decided that they were ill equipped to handle the complex and interrelated problems of abuse, prostitution and drug use and the effects on girls. The program serves as an instructive example of a recent innovation, demonstrating that when the vision of restorative gender-responsive programming is most fully actualized, it provides tremendous benefits to girls involved in the justice system.[10]

Australian juvenile court recognizes the need to treat young women offenders with gender specific services. These specific services are away from male offenders. The services offered vary by location from health and wellbeing, relationships, education & training and other programs like cooking and following the law.[11]

References

  1. ↑ Klien, Sara (Fall 2012). "Girls in Juvenile Justice System:The Case for Girls Courts". Child Rights Litigation. 15 (1).
  2. ↑ Heisig, Eric (5 August 2014). "Girl Court: Under Consideration in Wisconsin". Wisconsin Law Journal.
  3. ↑ Rubin, Ted (September 2014). "Court for Girls and Emerging Specialty". Juvenile Justice Update. 12 (4).
  4. ↑ Foxhall, Emily. "A Shelter for Victims of Sex Trafficking Offers Counseling, Schooling and Safety". New York Times.
  5. ↑ Sherman, Francine (August 2012). "Justice for Girls are We Making Progress". UCLA Law Review. 59 (6).
  6. ↑ Ravoira, Lawanda; Graziano, Juliette; Patino Lydia, Vanessa (October 2012). "Urgent Work: A Gendered Response Approach". Universitas Psychologica. 11 (4).
  7. ↑ "Juvenile Defender, Guides to Representing Girls". NCIDS.org/juveniledefender/guides/representing girls. NCIDS.
  8. ↑ "Juvenile Justice Policy Brief Series". Gender Responsiveness and Equity in the California Juvenile Justice System. August 2010.
  9. ↑ Bewicke, Aurora (2014). "Realizing the Right to Reparations for Girl Soldiers: A Child Sensitive and Gendered Approach". Columbia Journal of Gender and Law. 26 (2).
  10. ↑ Gaarder, Emily; Hesseltime, Dennis (September 2012). "Restorative Justice for GIrls Gender Responsive Approach". Contemporary Justice Review. 15 (3).
  11. ↑ "Girls and Young Women in Juvenile Justice System". Australian Institute of Health and Welfare. Bulletin 107. October 2012.

External links

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