Patriarchy and the Courts: A Systemic Issue

Exploring Victim-Blaming, Abuse Myths, Gender Bias & the Need for Judicial Reform

The Justice Lark
6 min readSep 17, 2023
Photo by Gayatri Malhotra on Unsplash

Historically, legal systems worldwide evolved from societies where men held power in almost every sphere.

This foundation has unintentionally conditioned legal structures to reflect and sustain male-centred perspectives, often sidelining concerns and experiences unique to women and marginalised groups.

When abuse victims (which social science researchers have long since demonstrated are primarily women), step into courtrooms, they carry not just their trauma but also the burden of fighting against entrenched prejudices.

It’s an unsettling and painful truth that victims of abuse are regularly subjected to scrutiny about their role in the incident in contention.

The roots of victim-blaming can be traced back to patriarchal norms where a woman’s ‘honour’ or ‘purity’ was paramount.

If a woman faced any form of abuse, it was assumed that she had done something to ‘deserve’ it, or had failed in some way to protect her honour.

When victims are confronted with questions such as “What were you wearing?” or “Why did you stay?”, it adds another layer of emotional and psychological strain to…

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The Justice Lark

Passionate writer and researcher focused on promoting justice and equity, with emphasis on issues related to gender-based violence, trauma & mental health.