Indigenous family violence and sexual abuse: Considering pathways forward
Kylie Cripps
Onemda VicHealth Koori Health Unit, University of Melbourne, VIC
Hannah McGlade
Indigenous Human Rights Lawyer; Victims Advocate, Perth WA
PP: 240 - 253
Abstract
Australian Indigenous experiences of family and sexual violence have received much media and government attention since 2006. Three state government reports into the problem have been published in this time.
These reports highlighted the disproportionate incidence of sexual assault and family violence within Indigenous communities and the many complexities associated with such experiences. They also illustrated that Indigenous communities are actively considering pathways forward for healing and for justice for victims, their families, and the broader kin network who inevitably feel the ripple effects of such violence.
Increasingly, international examples of pathways forward are being considered for their applicability in the Australian Indigenous context. This paper critically examines the international case study of the Community Holistic Circle Healing process developed by the community of Hollow Water, Canada.
Australian Indigenous family violence reports since 1999 have identified this process as an example of best practice in the management of sexual violence in Indigenous communities and have recommended that similar such models and processes be considered for implementation in Australia.
This paper critically examines the program in its own context and reflects on the feasibility of its transference into the very different geographic, social, cultural, political and spiritual contexts of Australian Indigenous communities.
Keywords
Indigenous, family violence, sexual violence, community interventions, Hollow Water
Article Text
References
Adjin-Tettey E (2007) Sentencing Aboriginal offenders: Balancing offenders' needs, the interests of victims and society, and the decolonisation of Aboriginal peoples. Canadian Journal of Women and the Law 19: 179-216.
Al-Yaman F, Van Doeland M and Wallis M (2006) Family violence among Aboriginal and Torres Strait Islander peoples. Australian Institute of Health and Welfare, Canberra.
Atkinson J (1990a) Violence against Aboriginal women reconstitution of community law - The way forward. Aboriginal Law Bulletin 2(51): 4-6.
Atkinson J (1990b) Violence in Aboriginal Australia: Colonisation and its impact on gender. Refractory Girl 36: 21-24.
Atkinson J (1990c) Beyond violence: Finding the dream. Barton: National Domestic Violence Education Program, Office of Status of Women, Department of Prime Minister and Cabinet, Canberra.
Australian Bureau of Statistics (2004) National Aboriginal and Torres Strait Islander Social Survey 2002. Catalogue No 4714.0, Bureau of Statistics, Canberra.
Blagg H (2008) Crime, Aboriginality and the Decolonisation of Justice, Hawkins Press, Leichhardt NSW.
Bolger A (1991) Aboriginal women and violence: A report for the Criminology Research Council and the Northern Territory Commissioner of Police, Australian National University North Australia Research Unit, Casuarina ACT.
Bushie B (2005) Community Holistic Circle Healing: A Community Approach, International Institute for Restorative Justice, accessed at http://www.iirp.org/library/vt/vt_bushie.html on 05 February 2005.
Calma T (2008) Social Justice Report 2007. Human Rights and Equal Opportunity Commission, Sydney NSW.
Chartrand L and McKay C (2006) A review of research on criminal victimisation and first nations, Metis' and Inuit Peoples 1990 to 2001, Policy Centre for Victims Issues, Vancouver, Canada.
Couture J, Parker T, Couture R and Laboucane P (2001) A cost-benefit analysis of Hollow Water's community holistic circle healing process. Native Counseling Services of Alberta, Edmonton, Alberta, Canada.
Cripps K (2007) Indigenous family violence: From emergency measures to committed long term action. Australian Indigenous Law Review 11(2): 7-18.
Cripps K (1998) 'Surviving Sexual Assault: An analysis of the support services available to Indigenous women in Victoria.' Unpublished Honours Thesis, Unaipon School, University of South Australia, Adelaide SA.
Daly K (2005) 'Seeking justice in the 21st Century: The contested politics of race and gender.' Paper: Professorial Lecture, Griffith University, 21 April, Griffith University, Brisbane QLD.
Dickie B (2000) Hollow Water, Documentary. National Film Board of Canada, Ottawa, Canada.
Dickson-Gilmore J and La Prairie C (2005) Will the circle be unbroken? Aboriginal communities, restorative justice and the challenges of conflict and change. University of Toronto Press, Toronto, Canada.
Gordon S, Hallahan K and Henry D (2002) Putting the picture together, Inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities, State Law Publisher, Perth, Western Australia.
Herman J (1997) Trauma and Recovery: The Aftermath of Violence - From Domestic Abuse to Political Terror. Basic Books, New York.
Hollow Water (2005) The Sentencing Circle: Seeds of a Community Healing Process, in McCaslin WD (ed) Justice as Healing, Indigenous Ways, pp.184-189, Living Justice Press, St Paul.
Kelly L (2002) Using restorative justice principles to address family violence in Aboriginal communities, in Strang H and Braithwaite J (eds) Restorative Justice and Family Violence, pp.206-222, Cambridge University Press, Cambridge UK.
Jones T (2006) Crown Prosecutor speaks out about abuse in Central Australia, Lateline 15 May 2006, ABC Television, accessed at http://www.abc.net.au/lateline/content/2006/s1639127.htm on 01 August 2007.
La Rocque E (1997) Re-examining culturally appropriate models in criminal justice applications, in Ash M (ed) Aboriginal and Treaty Rights in Canada, pp.75-96, University of British Columbia Press, Vancouver, Canada.
Luna E (1998) 'The issue of domestic violence in American Indian Communities.' Paper: International Federation for Research in Women's History, 30 June - 02 July, University of Melbourne, Carlton VIC.
McGillivray A and Comaskey B (1999) Black Eyes All of the Time: Intimate Violence, Aboriginal Women and the Justice System. University of Toronto Press, Buffalo.
McGlade H (2006) Aboriginal women, girls and sexual assault. Aware ACSSA Newsletter 12: 6-13.
McGlade H and Hovane V (2007) The Mangolamara case: Improving Aboriginal community safety and healing. Indigenous Law Bulletin 6(27): 18-20.
Marchettir E and Daly K (2007) Indigenous sentencing courts: Towards a theoretical and jurisprudential model. Sydney Law Review 29(3): 451-474.
Memmott P, Stacy R, Chambers C and Keys C (2001) Violence in Indigenous communities: Full report. Crime Prevention Branch Attorney-General's Department, Barton ACT.
Morrison Z, Quadara A and Boyd C (2007) 'Ripple effects' of sexual assault, Australian Centre for the Study of Sexual Assault, Issues Paper 7, accessed at http://www.aifs.gov.au/acssa/pubs/issue/i7.html on 12 January 2007.
Mow KE (1992) Tjunparni: Family Violence in Indigenous Australia. Aboriginal and Torres Strait Islander Commission, Canberra.
New South Wales Aboriginal Child Sexual Assault Taskforce (2006) Breaking the silence: Creating the ruture. Addressing child sexual assault in Aboriginal communities in NSW. New South Wales Government, Sydney.
Robertson B (1999) The Aboriginal and Torres Strait Islander Women's Taskforce on Violence Report. Queensland Government, Brisbane.
Ross R (2006) Returning to the Teachings: Exploring Aboriginal Justice. Penguin Canada, Toronto, Canada.
Sivell-Ferri C (1997) The four circles of Hollow Water. Ministry of the Solicitor General: Ottawa, Canada.
Stewart W, Huntley A and Blaney F (2001) The implications of restorative justice for Aboriginal women and children survivors of violence: A comparative overview of five communities in British Columbia, Law Commission of Canada, Vancouver.
Stubbs J (2007) Beyond apology? Domestic violence and critical questions for restorative justice. Criminology & Criminal Justice 7(2): 169-187.
Victorian Indigenous Family Violence Task Force (2003) Victorian Indigenous Family Violence Task Force final report. Department of Victorian Communities, Melbourne.
Wadden M (2006) 'Strength of Spirit'. The Star, 26 November 2006. Accessed at http://www.thestar.com/Special/article/144909 on 04 September 2007.
Wild R and Anderson P (2007) Ampe Akelyernemane Meke Mekarle: 'Little Children are Sacred', report of the Northern Territory Government Inquiry into the Protection of Aboriginal Children from Sexual Abuse, Department of the Chief Minister, Darwin NT.
Young M (2007) Aboriginal Healing Circle Models Addressing Child Sexual Assault: An Examination of Community Based Healing Circles Used to Address Child Sexual Assault Within Aboriginal Communities in Canada. Accessed at http://www.crcah.org.au/communication/downloads/Final-Churchill-Report.pdf on 27 May 2008.
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